03-14-50 M RCH 1950.
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 John N.
Kablsr 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.
Mr. D. S. Farrar, a Scout Master, appeared before the Council
with reference to leasing a portion of the City owned Rock Pit
west of the City, which is no longer used by the City, and which
he might developfor recreation activities for the Boy Scouts.
He suggested living there in a trailer, beautifying the area,
stocking one of the pools with fish, and making grounds for the use
of any organization.
Action was deferred on the request, which was referred to the
Fact Finding Committee for investigation.
City Attorney Moore requested that the minutes of the meeting
of February 28th be amended to show that the City, not the City
Attorney, is to compile a list of Streets whose names should be
changedand made uniform throughout. The minutes of this meeting
were then approved as corrected.
Upon recommendation of City Manager Black a meeting with the
Policy and Operating Committee of the Civic Center Building, the
Yout~ Recreation Committee, and the City Council, was scheduled
to be l~eld in the Council Chambers at 7:30 p. m. on Thursday
March, 23rd, 1950.
Two right-of-way deeds, one from Elsie M. and C. Y. Byrd, and
one from J. N. Sloan, Jr. andAnnie Rose Sloan, granting a right-
of-way to the City for the opening of N. W. 2nd Avenue for a
distance of approximately 330' north and south of 15th Street,
were presented by the City Manager for acceptance by the Council.
Upon motion of Councilman Saunders, seconded by Councilman
Holland, and unanimously carried, the deeds were accepted subject
to approval of the City Attorney and the Planning Board.
Proof of publication of Resolution No. 750, calling a hearing
for objections to paving improvements on N. E. 1st Street, between
1st Avenue and the F. E. ~. Railroad, was spread upon the minutes as
follows:
See Minutes of February 28th, 1950 for copy of
resolution.
AFFIDAVIT OF PUBLICATION
DELRA¥ BEACH NEWS
PublishedSem!'Weekly
Delray Beach, Palm Beach County, Florida
State of Florida
County of Palm Beach
Before the undersigned authority personally
appeared WILLIA~ K. MORRISON who on oath says
that he is Publisher of the Delray Beach News,
a semi-weekly newspaper published at Delray
Beach in Palm Beach County, Florida; that the
attached copy mf advertisement, being a
RESOLUTION # 750
iD the matter of City of Delray Beach in the Court,
was published in said newspaper in the issues of
Narch 9th, 1950.
Affiant further states that the said Delray Beach
News is a newspaper pub~. Ished at Delray Beach, in
saidPalm Beach County, ~lorida, and the said newspaper has
heretofore been continuously published in said
Palm Beach County, Florida, each week and has been
entered as second class mail matter at the post
office in Delray Beach, in said Palm Beach 'County,
Florida, for a per~od of one year next preceeding
the first publication of the attached copy of
advertiseme~t; and affiant further says that he
has neithers.paid nor promised any person, firm
or CorpOration any discount, rebate, commission
or refund for the purpose of securing th~s ad-
vertisement for publication in the said newspaper.
(SIGNED)
William K. Morrison
Sworm to and subscribed before me this 13th day
of March, A. D. 1950
( SIGNED )
Kathryne P. Morrison
(SEAL) Notary PUgiic
Notary Public State of
Florida at large. Ny
commission expires July 27,
1952. Bonded by American
Surety Co., of N. Y.
3/14/5o
No objections having been received to this proposed street
improvement work, the following Resolution was presented:
RESOLUTION NO. 751
A RESOLUTION OF THE CITY COU~EIL OF T~
CiTY OF DELRAY BEACH, FLORIDA, AUTHORIZING
THE CITY MANAGER TO PROCKED WITM TME C0~
STRUCTION OF STREET IMPROVEMENTS ON N. E.
FIRST STREET, FROM N. E. 1ST AVENUE TO T~
F. E. C. RAILROAD.
WHEREAS, the City ~ouncil of the City of Delray Beach,
Florida, did on the 14th day of February, determine to
proceed with the construction of street improvements on
N. E. First Street, form N. E. 1st Avenue east to the
F. E. C. Railroad, and
WHEREAS,
the Resolution providing therefor has been
duly published as required by the City Charter, together with
a notice that objections to said improvement would be heard
on this date,and
WHEREAS, no objection have beenmade to such proposed
improvement,
NOW, THEREFORE, BE IT RESOLVED by the City Council
of the City of Delray Beach, Florida, that the City Manager
be and he is hereby instructed to proceed with the construction
of street paving on N. E. First 8treet, from N. E. 1st Avenue
east to the F. E. C. Railroad, according to the plans and
specifications heretofore filed with the City Clerk, and a
copy thereof filed in the office of the City Engineer and
kept open for the inspection of the public.
PASSED in Regular Session on this 14th day of March,
A. O. L950.
(SIGNED) John N. Kabler
President-JC~ty Council
(APPROVED)John N. Kabler
ATTEST: '' Mayor
Ruth R. Smith
City Clerk
(S AL)
Proof of publication of Invita.tion to Bid on paving
and curbing for the foregoing improvements was read as
follows:
INVITATION TO BID.
The City of Delray Beach will receive
sealed bids until 4:30 P. M. EST
Tuesds~.,March ?th, 1950,on paving and
curbing N. E. 1st Street between N. Eo First
Avenue and the F. E. C. Railroad. Plans
and information to bidders are on file in the
office of t~.~ Gity Engineer, City Hall,
Delray Beach, Florida.
Bidders must be prepared to furnish per-
formance bond. Completion deadline for project
will be I April 1950.
The City Council reserves the right to
reject any or all bids and to waive formal-
ities.
CITY OF DELRAY BEACH
CHARLES E. BLACK
City Manager.
Published March 2nd., 1950
THE
DELRAY BEACH JOURN~L
Published Weekly
Delray Bea~h,.~lm Beach County, Florida.
STATE OF FLORIDA
C OUNTY OF PALM BEACH
Before the undersigned authority personally
appeared ROBERT L. BRITT, who on oath says that he
is Editor of the Delray Beach Joy,mai, a weekly
newsoaper published at Delray Beach in Palm Beach
'Couhty, Florida; that the attached cop~ of advertisement
being a lagal notice in the matter of
I~vitation to Bid-- City of Delray Beach
~awing :a~ld curbing N. E. First Street
between N. E. First Avenue and F. E. C. Railroad.
in the Court, was published i5 s~id newspaper
in the issues of March 2nd, 1950
Affiant further says that the said The ~elray Beach
Journal is a newspaper published at Delray Beach, in
said Palm Beach County, Florida, and that the said
newspaper has heretofore been continuously published
in Palm Beach ~County, Florida, each week and has been
entered as second class mail matter at the post office
3/14/5o
in Delray Beach , in said Palm Beach
County, Florida, for a period of one year
next preceeding the first publication
of the attached copy ~f advertiseme~t;
and affiant further says t~at he has neither
paid nor promised any person, firm or
corporation any discount, rebate, commissfon~
or refund for the purpose of securing this
advertisement for publication in the said
newspaper.
( s zs )
Robert L. Britt
Sworn to and subscribed before me this
13th day of March A. D. 19~0
Harry J. Norgan
Notary Public, State of Florida at large
Ny commission expires Feb. 2nd 19~3.
Bonded by American Surety 'Co., at N. Y.
AFFIDAVIT OF Pb~LIC~?ION
Delray Beach News
Published Semi-Weekly
Delray Beach, Palm Beach County, Florida.
STATE OF FLORIDA
COUNTY OF PALM BEACH
Beforethe undersigned authority personally
appeared WILLIAM K. NORRISON who on oath says that he
is Publisher of the Delray Beach News, a semi-weekly
newspaper published at Delray Beach in Palm Beach County,
Florida; that the attached copy of advertisement, being
an
INVITATION TO BID, ~n the matter of City of
Delray in the -Court, was published in said
newspaper in the issues of February 28, 19~0
Affiant further says that the said Delray Beach News is a
newspaper published at Delray Beach, in said County of Palm
Beach, Florida, and ~hat the said newspaper has heretofore
been continuously published in said Palm Beach County,
Florida, each week and has been entered as second class
mall matter at the post office in Delray Beach, in said
Palm Beach County, Florida, for a period of one year next
preeeeding the firzt publicatlonof the attached copy
of advertisement;~and affiant further says that he has
neither paid nor promised any person, firm~ or corporation
any discount, rebate, commission or refund for the purpose
of securing this advertisement for publication in the s~id
newspaper.
(SIGNED) William K. Morrison
Sworn to and subscribed before me this 1st day of
March A o D. 1950
Kathryne P. Morrison
SEAL Notary Public, State of Florida at Lar~
My commission expires July 2?th 195~
Bonded by American Surety
Company of N. Y.
The following two bids were received in response to
the foregoing notice:
Hon. Mayor & City Council
Delray Beach, Florida.
Gentlemen:
Please consider this as my bid for improvements to
N. E. First Street, from the center line of 1st Avenue to the
Railroad.
Items A & C, which include grading and paving N. E. 1st Street
according to plans on file in the Eity Manager,s office, from
1st Avenue to the railroad, an area of approximately 2520 square
yards. ~y price for these items is $1.16 per square yard.
Item B, which is for curbing on N. E. 1st Street is to be figured
as follows:
Approximately 420 lineal feet of 6 x 12 curbing, to be
constructed according to specifications outlined by the
Eity Engineer, a cost of .96 per foot, OR
Appromim~telt 420 lineal feet of curbing 15" h~g~, 6"
wide at top, and 10" wide at bottom~ other specifications
as outlined by the City Engineer, a cost of 1.17 per foot.
Work is to be done to the satisfaction of the City Engineer,
snd construction is to be begin immediately upon notification
to do so by the City Manager.
It is understood tSat a performance bond will be necessary,
as stated in the invitation to bid.
Very truly yours,
(Signed) Jack E. Carver
3/llJ o
Mr. Charles E. Black
City Manager
Delray Beach, Florida.
Dear Sir: Please be advised t will furnish all labor, material
and equipment to properly c~mpletework of pav%ng and curbing,
as designated by your bid sheet of February 24th, for the
total sum of Three Thousand One Hundred Seventy Dollars ($3,170.00)
Alternate bid due to prooosed change in curbing -Three thousand
Two Hundred Thirty-three ~ollars($3~,$33.oo)
This work to cover widening and repaving areafrom
center line of First Avenue to Alleyway at ~ feet in width ,
Alleyway to existing paving on Second Avenue ~0 feet in
width, and from Second Avenue to existing paving on West side
of F. E. C. Tracks at 24 ~eet in width.
Also constructing curbing as designated which is
approximately 420 lineal feet.
This price based on City furnishing all grade stakes.
Respectfully submitted,
(Signed) W.J. Snow
It was recommended by the City Manager that the bid Of
W. Jo Snow in t~e amount of ~3,2~.00 be accepted as the
lowest and best bid. This figure included curbing l~" high,
6 "wt~e at the top, and 10" wide at the bottom, which, he
explained, was a stronger and more substantial curbing.
Upon motion of Councilman Roth, seconded by Councilman
Saunders, unanimously carried, the bid of W. J. Snow in the
total amoumt of $3,2~.00 was accepted.
Mr. Nakane, a local Florist, addressed the Council
requesting that some restriction be placed on stores, other than
licensed Florists, which are selling flowers. He believed that~
anyone handling flowers should pay a fair license fee, as they were
cutting ~nto the Florist's business. He was willing to except the
sale o~ gladioli, however, as they are a local product and sold
by merchants on c~nsigK~nent from the growers.
After discussion by the Council, the following policy
was adopted, upon motion of Councilman Jacobs, seconded by
Councilman Roth, and unanimouely carried:
That, inasmuch as the City of Delray Beach, is ~he center
of the gladioli growing industry in the state, and in further
view of the fact that many of the residents of the City o£
Delray Beach are engaged in growing gladioli, and in view of the
fact that each yearthere are a good many grade C gladioli grown
which are l~hsuitable for commercial purposes, it shall be a
policy in the City of Delray Beach that any~store which sells
flowers, either cut or growing,other than gladioli, shall be
required to buy a Florist's license.
A petition, filed by Harry?.Breze and J. H. Breze Jr.,
requesting thetLannexation of a tract of 1And lying north
of West Atlantic Avenue, west of the present City limits, was
read as follows:
PETITION FOR THE ANNEXATION INTO THE CORPORATE LIMITS
OF THE CITY OF DELRAY BEACH FLORIDA.
We, the undersigned hereby respectfully petition the
City council of the City of Delray Beach, Florida to annex
the following described t~act of land into the corporate
limits of the City of Delrsy Beach.
To wit:
For a point of beginning start at a point where
the north right-of-way line of West Atlantic Avenue meetsthe
Nor'~h-South center line of Section 18-~6-~; thence northerly
along the North-South centerline of Section 18 to a point
~'north of the East-West centerline of Section 18; thence
easterly along a line ~' north of and parallel to the East-
~est centerlineo~ Section 18 to the point of intersection
with the West right$of-way line of E-~ Canal; thence running
southwesterly and southerly to the North right-of-way line of
West Atlantic Avenue: thence southwesterly along said North
right-or-way line of West Atlantic Ave., to the point ob beginning.
This request is being made to obtain adequate Fire &
Police protection as well as necessary city Zoning nd building
control that this area adjacent to the City GolfCourse may be
developed in keeping with~the established-codes of the City.
~e realize ~hat Gity water will not be available at
this time.
(~igned) Har?~, Breze
j. H~Harry Breze)Jr.,
A motion was then made by Uouncilman Saunders, seconded
b~ 'Councilman Roth, and unanimodsly carried, that an Ordinance
pertaining to the annexation of this tract of land, prepared
by the ~City Attorney, be brought up for first reading, and same
was read in full as follows;
ORDINANCE No. G-98
AN ORDINANCE BY THE CITY COUNUIL OF T~ ~EITY OF DELRAY BW~ACH,
PALM BEACH ~COUNTY, ~LORIDA, DECLARING ITS INTENTION TO AN.NEX TO
THE CITY OF DELRAY BEACH THE FOLLOWING DESCRIBA~D TRACT OR PARCEL
OF LAND LOCATED IN PALM BEACH C0'UNTY, FLORIDA, A.~I) LYING CONTINGU-
0US TO THE CITY OF DELRAY BEACH, T0-WIT: FOR A POINT OF BEGINNING
START AT A POINT WHERE THE NORTH RIGHT-OF-WAY LINE OF WEST ATLAIffIC
AVENUE INTERSECTS THE NORTH-SOUTH CENTE~ LI~E OF SECTION 18,
TOWNSHIP ~6 South, RANGE ~3 EAST: THENCE RUN NORTHERLY ALONG SAID
NORTH-SOUTH CENTERLINE TO A POINT THIRTY-THREE (33') FEETNORTH OF THE
EAST-WEST CENTER LINE OF SECTION EIGHTEEN (18), TOWNSHIP ~6-SOUTH,
RANGE 43EAST: EHENCE EASTERLY ALONG A LINE THIRTY-THREE (33') FEET
NORTH OF AND PARALLEL TO SAID EAST-WEST CENTERLINE TO T}~ POIh~ 0P
INTERSECTION WITH THE WEST RIGHT-oF-WAY LINE OF ~WE~ E-~ CANAL:
?'HENCE RU~NINGSOUTHWESTERLY AND SOUTHERLY TO THELNORTH RIGHT-OF-WAY
OF WEST ATLANTIC AVENUE: THENCE SOUTHWESTERLY ALONG SAID NORTH RIGHT-OF-WA
LINE OF WEST ATLANTIC AVENUE TO THE POINT OF BEGINNING: PROVIDING
THAT SAID TRA~T OR PARCEL SHALL BE ANNEXED TO THE CI?Y 0P DELRAY
BEACH AT THE EXPIRATION OF FIFTEEN DAYS FRON THE FINAL PASSAGE OF
THIS ORDINANCE: AND FURTHER PROVIDING THAT THIS ORDINANCE SH^LL
BE PUBLISHED FOR TWO CONSECUTIVE W}~EKS AFTER ITS FINAL PASSAGE.
Upon Notion of Councilman Roth, seconded by .Eouncilman
Holland, unanimously carried, the foregoing Ordinance was placed on
first reading.
The following Resolution was then brought up and read in
ful i:
RESOI~UTION NO, 732.
A motion was made by Councilman Roth, the the foregoing
Resolutdon No. 7~2 be passed and adopted as read. Councilman
Jacobs seconded the motion, which carried unanimously upon
call of roll.
The following Ordinance was then brought up for 2nd and
final reading:
ORDINANCE NO, 96
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING ORDINANCE NO.
G-76, AND ORDINANCE NO. G-87,AMENDING SECTION
14, OF CHAPTER VI OF THE CITY CODE, PERTAINING
TO THE BOARD OF ELECTRICAL EXAMINERS AND PRO-
VIDING THE QUALIFICATI0~.~S OF THOSE WHO SERVE
ON SAID BOARD; AMENDING SECTION l~ OF CHAPTER VI OF TPLE
CITY CODE, PERTAINING TO THE DUTIES OF THE
BOARD OF ELECTRICAL EXAMINERS; AND FURTHER
AMENDING SECTION 17 OF CHAPTERVI OF THE GITY CODE,
PERTAINING TO EXAMINATION OF APPLICA~VfS FOR
CLASS I ELE'~TRICAL CONTRACTORS'LICENSES, AND
CLASS 2 ELECTRI~CAL MAINTANANCE LICENSES, PRE-
SCRIBING QUALIFICATIONS FOR APPLICANTSTHEREFOR,
PRESCRIBING FOR ORAL A~htD WRITTEN EXAMINATICNS
FOR APPLICANTS THEREFOR, AND FURTHER PRESCRIBING
FOR THE RECOMMENDATIONS OF THE ELECTRICAL BOARD
TO BE SUBNITTED TO THE CiTY COUNCIL FOR FINAL
DECISION AS TO THE GRANTING OF EITHER OF SAID
CLASSES OF LICENSES FOR THE APPLICAtors THERE-
BE IT ORDAINED by the city council of the City of
Delray Beach, Florida, as follows:
Section l: That Ordinance G-7~ be, and the same is,
hereby repealed'
Section 2: That Ordinance No. G-87 be, and the
same is, hereby repealed.
Section ~: That Section 14 of Chapter Vi of the
City Code of the City of Delray Beach, Florida, be, and the
same is, hereby amended to read as follows:
There is hereby created a Board of Electrical
Examiners which shall consist of the Electrical Inspector
and four other members appointed by the .~ity Council as
follows: One graduate electrical engineer, two qualified
electors of the City of Delray Beach, Florida, and one rep-
res~ntative of the Local Power and Light Company.
Appointment shall be made for terms of two years,
but any member may, for cause, be removed, from office or
substituted for any length of time, by the City Council."
Section 4.; That Section l~ of Chapter VI of the
Cit~' Code of the City of Delray Beach, Florida, be, and the same
is , hereby amended to read as follows:
Section 15: Duties of Board of Electriaal Examiners;_
It shall be the duty Of the Board of Electrical Examiners to
hold a meeting when called by the Electrical Inspector to
eximine representatives of applicants for licenses; to make
recommendations based on oral and written examinations and
interviews, to the City Council for final decision ss to the
granting of either of said classes of licenses; to revoke
or suspend licenses for good and sufficient cause as prescribed in
Section 21; to review decisions of the Electrical Inspector as
provided for in Section 29, and to take such other actions as
may b~ found necessary or desirable for carrying out the' pro-
visions of th~s Ordinance.
The Board shall keep record of all meetings which records
shall be open for inspection at all times. T~e Board shall
keep a record of all licenses issued by it and shall prepare
a manual of its rules and regulations for the conduct of
examinations.
Three (3) members of the Board present at any meeting
shall constitute a ~uorum for the grantiug, revocation, or
suspension of licenses and the transaction of other business
and a majority vote of such Guortn~ shall prevail."
Section ~: T at Section 17 of Chapter VI ~f the City
Coc~e o~ the CitY of belray Beach, Florida, and the same is
herebyamended to read as follows:
The designated representative of each applican~ fo~ a
license shall be examined by the Board of Electrical Examiners
as to his knowledge of the rules and regulations for the
installation of electrical wiring, devices, appliances', fix-
tures and equipment as set forth in the statutes of the State
of Florida, in the Ordinances of the City o~ Delray Beach and in
the National Electrical Code, and to determine the general
qualifications and fitness of each applicant for executing the
class of work covered by the license applied for: provided,
however, that such personal representative shall have had at
least five years of electrical experience before taking such
examination, and further provided that suchpersonal representative
shall furnish to the Board of Electrical F~xaminers three letters
of recommendation as to his character and to h~is ability in
the field of Electrical work."
Each personal representative shall be given a written test
which shall be completed within a reasonable time and which questions
are to be compiled and graded by the Board of Electrical Examiners:
and each personal representative shall be given an oral examination
by the Board of Electrical Examiners. In arriving at the final
grade given to such personal representative, the written examination
shall be counted for seventy-five per cent (7~)therof and the oral
examination for twenty-five per cent 2~%)thereof: that the necessary
experience and letters of reco~nendation which the personal repre-
sentative must have are merely factors which qualify the personal
representative to take the examinations and in no way shall they be
considered in arriving at the final grade of such personal
representative 70, or above shall be considered a passing grade.
T~e E~ectrical Inspector shall report the grade
received by the personal representative to the City Council
and the Electrical Board shall make its recommendations to the Uity
Council, such recommendations to be based upon the result of the
examination. The City Council shall have the final decision
as to the granting of either of said classes of licenses
to the a~plicants therefor."
Thecomplete record of their written examination
and the result of the said oral examination shall be kept
on file until three (3) years after the date of such examinations."
"Examinations~for license will be held monthly,
upon the third Saturday morning, whenever such examination
is requested by an applicant, provided such application is
on file with the Electrical Inspector for at least fifteen days
previous to said examination."
Section 6: Each personal representative apply-
lng for an examina~oh shall p~y to the City of Delray Beach
five dollars ($5.00) fo~ such examination, which sum shall be no
part of any othe~ fee ~license to be paid to the said City.
Section 7: If such personal representative taking
an examination f~l~ the same, he shall not take'another
examination for at least ninety (90) days from t~e date of
taking such examina~,ion.
Section 8: Any valid application for examination
which is on"f'ile ~i~h the City-of Delray Beach, and which has
been duly executed at the time of the passage of this Ordinance,
shall be deemed to be valid according to the provisions of this
Ordinance.
Section 9: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed.
PASSED in regular session on the second and final
reading on this the ~4th day of March A. D. 1950.
(Signed) John N. Kabler
Attest Mayor, ~ity Council
Ruth R. Smith
City Elerk
SEAL
First Read~ng-- February 28, 1950
Second Reading-- March l~, 1950
Passed and adopted-- March 14, 1950
A motion was made by ,Councilman Saunders that the foregoing
Ordinance No. G-96 be passed and adopted as read. _The motion
was seconded by Councilman Roth, and upon call of roll carried
unanimously.
An Ordinance to amend the Zoning Ordinance was presented for
second and final reading, and same was read in full as follows;
ORDINANCE G-97
AN ORDINANCE OF THE CITY OF DELRAY BE&CH, FLORIDA,
AMENDING PARAGRAPH i 07 SUB-SECTION (e) OF SECTION
7, OF ~CHAPTER XX OF THE ZONING CODE OF THE GITY OF
DELRAY MMACH,FLORIDA, BY PROVIDING THAT THE MINI-
MUM FLOOR AREA OF A ONE-STORY BUILDING A RESIDENCE 1
DISTRICT T BE ~0 SQUARE FEET; AMENDING PARAGRAPH
2 OF SUB-SECTION (f) OF SECTION 7 OF CHAPTER XX
OF T~LI~ ZONING .CODE OF THE GITY OF DELRAY BEACH,
FLORIDA, BY PROVIDING THAT IN RESIDENCE 2 DISTRJ~
ONLY TWO BUILDINGS, EXCLUSIVE OF GARAGES, OUT-HOUSES,
ECT., SHALL BE LOCATED ON ANY ONE MINIMbM SIZED LOT.
BE IT ORDAINED BY THE GITY COU~IL OF THE GITY
OF DELRAY BEACH,FLORIDA, as follows:
Section l: That paragraph I ob sub-section (e)
of Section 7, of Chapter x~. of the Zoning Code of the Gity of
Delray Beach, Florida, be, and the same is, hereby amended to
read as follows:
"(1) The minimum floor area of a one-story
building shall be ~0 square fee~, and the minimum area of the
first floor of a two-story build.lng shall be ~80 square feet.
Section 2: That paragraph 2 of sub-section (f)
of Section 7, o~'ghapter xx of the Zoning Code of the City
of Delray Beach, Florida, be, and the same is, hereby amended
t..o read as follows:
"(2) 0nly two buildings, exclai~e of garages,
out-houses, ect., shall be allowed on any one mimimum size lot."
Section~: T~at in all other respects Section
? of Chapter ×x Of" ~h~ Zoning :Code of the City of Delray Beach,
Florida, as a~ended, shall remain unchanged.
PASSED in regular session on the second and final
reading on this the 14th day of March, Ao D. 19~O.
(Signed)
John N. Kabler
Mayor, City Council.
Attest;
Ruth R. Smith
City ~lerk' First Reading-- February 28, 19~0
Second Reading-- ~arch 1Lk,19~0 .
Seal Passed and adopted-- March 14,19~0
Upon motion ~ Councilman Roth, seconded by ~Council-
man Jacobs, and unanimously carried, the above Ordinance
No. G-97 was passed and adopted as read.
THe City Engineer's estimate of the cost of grading
and paving N. E. 6th Street, from N. E. 8th to Palm Trail,
a distanceof 513' to a width of~24' without curbing, was filed
' 894.75 Tliis-wa.-es timated cost was
in the amount of $ l, .
accepted b~ the ~Council, and the following Resolution was introdeced:
RESOLUTION NO. 753.
A RESOLUTION OF THE ~ITY COUN~IL OF ii'HE CITY OF DELRAY BEACH,
FLORIDA, ORDERING THE CONSTRUCTION, GRADING AND PAVING OF
N. E. 6th STREET, FRON N. E. 8th AVENUE TO PALNTRAI~; ORDERING
THE CONSTRUCTION, GR~JOING AND PAVING OF N. E. 8th AVENUE FROM
N. E. 5th STREET TO N. E. 8th STREET; ASSESSING ADJACENT PROP-
ERTY FOR THE COST THEREOF, AI~D PROVIDING FOR T}{E PAY~.ENT THEREOF
TO BE PAID IN TEN (10)EQUAL A~ArNUAL INSTALLS~ENTS, AND FURTHER
PROVIDING THAT THE TI~E AND PLACE OF' HEARING OBJECTIONS, IF ANY,
TO SUCH IMPROVENENTS SFALL BE AT 7:30 P. N. 0~ MARCH 28, 1950,
AT THE CITY HALL IN THIS CITY.
WHEREAS, the City Council of the City.of Delray Beach,
Florida, did on the 28th day of February, 1950, adopt a
resolutionordering the City Engineer to prepare plans and
specifications and an estimation of cost for the construction
grading, and paving of N. E. 6th Street from N. E. 8th Avenue
to Palm Trail, said payment to be the width of twenty-four (24)
feet, and requiring said plans, specifications and estimates of
costof such improvements to be place~ of file in the office of the
Uity Nanager, and
WHEREAS, the increaded vehicular traffic has necessitated
the paving of N. E. 6th Street as aforesaid,
NOW, THEREFOR, BE IT RESOLVEDby the ~City Council of the
City of Delray Beach, Florida, that it is determ~inedto make the
following described improvements, to-wit;
Grading, construction and paving of N. E. 6th
Street from N. E. 8th Avenue to Palm Trail
to a width of twenty-four (2~) feet, the total cost as estimated of such improvementis
$ 1, 94,.75
~E IT FURTHER. ]{ESOLVED that~the entire cost of such
improvements shall be assessed against the following described
properties in Delray Beach, Palm Beach County, Florida:
Lots 1, 3, 4, 5, 6, and 7, Block 2
Hoffman Village, and Lots l, 2, and
3, Martha's Vineyard
said benefits to be determined and pro-rated according to
the front footage of the respective properties as set forth
irmmediat ely above.
AND, WHEREAS, the Cit~ Council of the Uity of melray
Beach, Florida, did on the 25th day of February, 195£., adopt
a Resolution ordering the City Engineer to prepare plans,
specifications and an estimation of cost for the construction,
grading a.~d paving of N. E. 8th Avenue from N. E. 5th Street
to N. E. Sth Street, said paving to be the width Uf twenty-four
feet (24,)and requiring said plans, specifications and estimates
of such improvements to be placed on file in the office of the
'City Rlanager, and
WHEREAS, increased vehicular traffic has necessitated the
paving of N. E. 8th Avenue from N. E. 5th Street to N. E. 8th Street
as aforesaid,
NOW, THEREFOR, BE IT RESOLVED by the City Council of the
City of Delray Beach, Florida, that it is determined to make the
following described improvements, to-wit:
Grading, construction and pa~ving of
N. E. Uth Avenue from N. E. 5th Street to
N. E. 8th Street, to a width of twenty-four
(24) feet the total cost as estimated, of such improvement
is, $5,632.00
AND BE IT FURTHER RESOLVED that t~e entire cost of such
improvements shall be assessed against the following described
properties in Delray Beach, Palm Beach Co~nty, Florida;
Lots I to 9 inclusive, Hofman's 8th Ave.,
Addition
Lots 22, 23, 50 and 51, ~cGinley & Gosman's
Subdivision
L_ts 3 and ~, Nartha's Vineyard
L~ts 7 and~, Block 2 Hofman Village
All that part of Lot 6 lying east of NcGinley
& Gosman's Subdivision, west of t~'~e ~ity Limits.
Section 9, Township 46 S., Range 43 E.
said benefits to be determined aud pro-rated according to the
front footage of the respective properties as set forth immediately
above.
AND BE IT FURTHER RESOLVED that the special assessments
against all 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 assessmer~%upon the respective lots and parcels
of land assessed, and which shall bear interest at the rate
of 8 percent per annum, and wh&ch may be paid in ten equal
yearly installments with accrued interest on all deferred
payments. Payment shall be made at the same place that taxes
payable to the City of Delray Beach, Florida, are paid;
namely at the office of the City Tax Collector, and upon
the failure of any property owner to pay any annual install-
ment 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
accrued interest, 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 Po M. on March 28, 19~0 for the purpose of heari~
objections, if any, on said proposed improvements, as set
forth above.
IT IS FURTHER 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 l~th day of March, A. D.
1950
(Signed)
John N. Kabler
P~esident, City Council
(Approved:)
John N. Kabler
Attest: Nayor
Ru~ R. Smith
~City Clerk
SEAL
The foregoing Resolution No. 753 was adopted upon
motion of ~ouncilman Saunders, seconded by Councilman Holland~
~nd unanimously carried.
With reference to the salary to be paid to Councilmen,
City Attorney stated that unbar the City Charter the Council
is entitled to rec~ve pay for attending any number of meetings,
either regualr or special, up to, but not over,~ four a month.
Mayor Kabler then recommended the appointment of a
Planning Board, as discussed at a previous meeting,~ to consist
of James I. Sinks, C. W. Trieste, and Samuel 0gren, Jr., said
Board to serve at the will of the Council.
Upon motion of Councilman Saunders, seconded by Council-
man Roth, and unanimously carried, the above recommendations
of the Mayor were approved.
Mayor Kabler recommended that a Civil Service Board
be appointed to consist of Jo Co Keen, T. ?. Jackson, and
J. Ho Breze, Jr., to servefor ~e~ns of one,ltwo and three years
in alphabetical order.
Upon checking the Civil Service Act, the City Attorney
stated that members of this Board did uot have to be residents
of the City of Delray Beach, nor freeholders, and upon motion
of Councilman Roth, secondedby Councilman Saunders, unanimously
carried, the foregoing appointments were approved.
Mr. W. O. Winn appeared before the Council, requesting a
gratis occupational license as an Accountant, stating that he
was 67 years of age, and entitled to exemption under the City
Ordinance.
A motion was made by Councilman Satlnders, seconded by
Councilman Jacobs, that the application of Mr. Winn for exemption
be a~proved, and he be issued a gratis license. Upon call of roll
the motion was carried unanimously.
The following adjustments ou the 19~9 Tax Roll were author-
tzed,and refunds ordered made, by motion of Councilm~n Jacobs,
seconded by Councilman Saunders, ~nd unanimously carried:
Reduction in assessed valuation on 19~9 Tax Roll on S. ~1'
of Ocean Beach Lot 23 and N. 27' of Lot 2~ of $ 720.00,
due to error in transferring fo figures. Property owned
by Gracey Realty Co.
R~duction of ~ 190.00 assessed for building on the East
30' of ~. ~9~'of N. ~ of Lot l, less the Julian Miller
Lot, Section 20, owned by ~.~m. Eob~nson. Building was
assessed in error.
Reduction in assessed Valuation for building on Lot 21,
Block 4, for a porch whiah was assessed in error.
Property owned by Regina Hughes.
Mr. Peter Rosenzweig, owner of the N. ~7.~' of Lot 4,
Block 7~, complained to the Council that he was assessed on the
1959 Tax Roll for two houses which he purchased from C. A. B. Zook
and moved onto this property. He claimed that this was vacant
property on January, 1st, and the he should be t~xed only on the
land.
City Attorney Moore upheld this objection, that the status
of the property on the first day of January determines the character
of the property for the entire year, and that if the land was vacant
on January 1st, 19~9 it should appear as vacant property on the Tax
Roll for that year.
Upon motion of ~Cc>uncilman Holland, seconded by Councilamn
Jacobs, the Tax Assessor was instructed to issue a corrected lC?~9
tax bill to Mr. Rosenzweig covering only his land.
With i~eference to assessing these two houses for prior years,
while they were located ~n Inland Navigation property on the
Intracoastal ~Canal, ehich land was exempt from taxation, the
m~.tter was referred to the City Attorney who asked to render an op-
i~nf_on on same.
Councilman Holland filed a complaint on behalf of Mr. J. ~o
Wellbrock, that the Fafrcloth Garage, located in Block llI~ on the
North Federal Highway,was in the habit of throwing oil cans ~nd debris
in the alley and on his property, damaging his hedge a~d yard, as well
as blocking the alley.
After discussion, a motion was made by Councilman
Holland that the City Manager notify the Faircloth OaEage by letter
~hat their equipment must be kep~~ on their own property, and the
alley must be ke~t open and i~ g,~od condition. The n~otion was
seconded by Councilman Rot~, and upon call of the roll carried
un~ nitrous ly.
~ tenth, rive plat of a Subdivision of Blocks 1]{0 and 1~8
located between N. E. 8th Ave., and the Canal, between N. E. 2nd and
3rd Streets, proposed by J. ~. Wellbrock and Samuel E. O'Neal,
owners of the property, was presented by Councilman Holland for ap-
proval of ~he Council. Mr He~l~nd explained that the street
right-of-way shown was 30,, ao.d the owners proposed to oave this
street at their own expense, to a width of 22,, providing it
would be accepted as a private street. They would also ask the
City to extend water lines through the Subdivision.
ir'was the concensus of opinion of the Council that the
streetrtght-of-way should be a minim~n~ of 40' and dedicated as
a public street.
A motion wa~ made by Councilman Jacobs that the plat
be tentetively approved as submitted, Provided tha street right-
of-way is shown as 40'and the street dedicated to the City of
Delray Beach for public use. The motion was seconded by 'Cou~ail-
man S~unders, and upon call of roll carried unanimously.
Upon motion of {Councilm~n Roth, secor~ded by Councilman
Holland, ~unanimously carried, bills totaling ~39,~86.66 were
approved for payment, subject to the approval of the Finance
Co~it tee.
The meeting then adjourned.
(~igned)
Approved: Ruth R. Sm!th
City ~lerk
l~Iayo r