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03-28-50~arch 38th, 19~0. Regular meeting of the City Council of the City of Delray Beach was held in the C6uncil Chambers at 7:30 p. m. with Mayor John N. Kabler in the chair, and the City Attorney John Moore, City Manager Chas. E. Bl~ck and the following Councilmen present: W. A. Jacobs, Walter A. Roth, and J. L. Saunders, a quorum being present. The minutes of the meeting of February 14th were approved as written. A letter from the Delray Beach Property Owners Association , Inc., was read as follows: Mayor Kabler and Members of the City Council. Dear Sirs: Since the openimg of the 8th Street Bridge the Property Owners Protective Association has received many complaints on the condition of 8th Street from Swin.ton Avenue to the railroad-- the street is narrow and very rough. O~r Board respectfully urges that repairs be made on this road as soon as feasible. We a]_so would like to call your attention to noise made by outaboard motors in the Inland Waterway,especially on Saturday afternoons and all day Sunday. Many of the winter visitors need rest and quiet. Owners of rental property are loosing tenants due to this noise,which has come to be a public nuisance, as boat ownersshow utter disregard for neople 1Fving along the Canal. Our Board hopes that the City will take some action,either declaring that mufflers shall be obligatohy, except during a race, or that all speeding within the limits of Delray Beach shall be prohibited. (Signed) B. C. Butler CC PFesident DelraF Beach News Delray Beach Journal. The City Manager was asked to investigate the condition of N. E. 8th Street and report to the Council. With reference to noise of out-board motors in the Canal, City Attorney Moore advised that if the practise of operating motors without mufflers became a nuisance, theCity could abate such nuisance in any navigable waters within the City limits. Upon motion of Councilman Jacobs, s~condedby Councilman Saunders,unanimously carried, the City Attorney was requested to examine an existingOrdinance regarding the operation of Motor boats in the Canal and make such amendments as needed to require mufflers on all motors, excep~ ~ur~ng #/28/So Scheduled races. The following letter, signedby ~. Dewey and William Priest, requesting the rezoning of Lots ? and 8 Block ?5, from an apartment zone to a business zone, was read: Delray Beach, Florida, March 23rd, 19~0 The Zoning Board c/o City Hall Delray Beach, Fla. Gentlemen: We, the undersigned, own property ~ocated in Block ?5, Delray Beach, which is more particularly described as follows: W 80' Lots ? & 8, Block ?5, Delray Beach (~Cor. N. Eo 1st Str., & 1st Ave.,) William Priest E 55' of Lots ? & 8 , Block 75, Delray Beach N. Eolst Street. Dewey Morris. At the present time,~the above described property is zoned as apartment' house district and we would like to have it changed to business district. The East half of this blockis already zoned for business and we would like for ouw property to be the same way. T~is matter has been discussed with an adja- cent prbperty owner and he has signified that he will be agreeable to the change. We would appreciate any consideration you may show us about this matter and will be glad to answer any questions in connection with the zone c ha nge. (Signed) M. Dewey Morris William Priest 3/2S ,zSo A motion was made by Councilman Jacobs, seconded by Councilman Saunders, that the above request be referred to the Zoning Board for recommendation. Upon call of roll the motion was carried unanimously. MI~. S. E. Bur~ addressed the G'ouncil, protesting a change in the' assessed valuation on Lot ? less the No 10', Block 100. He claimed that he had checked the valuations before the meeti~ng of the Equalization Board and found them the same as on the 1949 Tax Roll, but after the Equalization Board had been adjourned he had been notified that the total valuation of this property had been raised from ~ 3~20.00 to $5200.00. He claimed that the cottage had been remeasured incorrectly, and~:~ the assessment rate had been changed from l~ per cubic foot to 28~ per cubic foot, although the rate of l~ had been approved by the 'Council last year as the buil.~ings are over forty years old and one part of the garage is only a lean-to on the side. Mr Burd expressed his willingness to accept the rate of 28~ on the house, but asked the Council to reassess the cottage on a l~ basis. After consideration by $~he Council a motion was made by Councilman Roth that action be deferred until ~ p. m. March 29th, when the Council would meet with Mr. Burd and inspect ~,e property together. The motion was seconded by Councilman haunders, and upon call of roll carried unanimously. ~r. W. J~ Johnston then addressed the Council. regard- ing the recent adoption or a policy by the Council requiring any store selling flowers, other than gladioli, to buy a Florist's license. He contended that he was paying a license as a Fruit Shipper and other merchants are allowed to sell and ship fruit : without paying a Fruit Shipper's license, and that it was discrimatory to require him to pay and additional license to sell flowers of any kind. The Council discussed the problem of licensing different businesses, and agreed to investigate L~cense Ordinances of adjacent ~Eities, in order to amend the present License Ordinance bu making changes to regulate fees which have been found to be unfair. A motion was made by Councilman Saunders, thatin the meantime the policy adopted on March 14th to r~quire all merchants who sell flowers,other than gladioli, to pay a Florist's licer~se, be rescinded. T e motion Was seconded by Councilman Roth, and upon call of rol~ carried unanimously. ~Ir. S. J. ROdd.ick, representing the Softball Committee o~ the Jr. Chamber of Commerce, explained to the Council their plates for laying out a Baseball Field at the Athletic Field. He stated that they planned to combine Softball and Hardball fields, which would not interfere with the use of the field for Football. They would not use the Field for night games this year, as that would necessitate the moving of three light poles. The Athletic Co~lnitt- ee had approved the project, he stated, and the $ 500.00 allotted to the Softball 'Committee by the Jr. Chamber of Conm~ercewould be used to start the pro.iect. City ~anager Black agreed to assist with the .Cit~ equipment aha labor where possible. Upon motion of Councilman Jacobs, seconded by Councilman Saunders, unanimously carried, this project wasspproved subject to supervision of the City ~anager. ~r. A. Hofman, owner of Lots 2--7 inc.., Block 2, Hofman Village,which face on N. E. 6th Street, appeared before the Council with reference to the proposed paving of this street. He asked the ~Council to considerthe paving of two 12' strios on either side of the right-of-way, leavinga 16' area in the center, to avoid destroying a row of palm trees, and also form a park area. 'City Manager Black explained that the trees ran from Palm Trail approximately 100' west, and a single road could be paved on each side, leaving a park-way in the center, with only a slight increase in the cost. Th~ request was re~erred to the Fact Finding Committee for investigation and report at the next meeting. Mr. Chas. Strlckland, part owner of the Flamingo Taxi Co., appeared before the Council asking permission to move their office building and canopy, and operate their business temporiarily on th W. 10' of Lot 21, Block 108, between the Colony Hotel and the Delray Service Garage. He stated that they were forced to move from their present location, as the owner of the property was building there immediately. ~r. Strickland further explained that they would destroy as little of the landscaping as possible, but would have to pave run-ways for their cars from Atlantic Avenue through to the alley North of Atlantic Avenue. They would drive in from the alley and leave by ~tlantic Ave., He asked for a temporary for one year only, until they are able to establishtheir business in a permanent location. As a special permit would be required, a motion was made by Councilman Roth, seconded by Councilman Jacobs, that the request be referred to the Zoning Board for recommendation. Upon call of roll the motion was carried unanimously. The Council granted permission for ~the installation of a telephone on the side of the Delray Service Garage for their use for a few days, until a meeting of the Zoning Board can be held. City ~anager Black presented tax returns filed by the Standard Oil Co., covering land, buildings and storage tanks' located on Lots 9 - 12,inc., Block 91, which showed a total valuation of $ 20,~.00 broken down as follows: Land and bui. ldtngs .... $ 10,600.00 Office furniture, stock of merchandise, etc. 3,100.00 Leaving a valuation on eleven storage tanks of 6,64~.00 ..3/28/ o T~e City Manager was instructed to compare these figures with valuations placed on t~e property of other gasoline storage com- panies in the City, before any action is taken by the 'Council. City Manager Black then submitted .an adjusted return filed by the Southern Bell Telephone & Telegrap~i Co,, as follows: Poles, lines, cables, and instruments etc.- $ ?0,139.00 Central Office Equipment - .107 ,.9.12 . 00 Total personal property - l?~,lSl. O0 The return stated that these figures were based on ~0% actual value. ~ir. Black stated that they had agreed to accept a valuation of $ lO0,000.O0 on the buildin~alone, making a total for real and personal property ors 278,1~1.~.30. The building permit taken out for the construction of the building had been f~ $ 2~0,000.00, which included some work in addition to the builming itself, ~ although he estimated the actual cost of the building was between $ 200,0C0.00 and $ 22~,000.00. The 9ouncil felt that as the Telephone Co., was reported to have spent approximately $ 7~0,000.00 on their buildings and equipment, thesefigures were entirly too low, and as all equipment was new, they should be taxed on more than ~0% of its actual valUe. After further consideration, a motion was made by Councilan Jacobs, that the assessed valuation of the property of t~e Southern Bell Telephone & Telegraph Co., be placed on the 19~0 Tax Roll as follows: and that they be notified that the equalization of these taxes would, be continued until the next Counci[meeting: Land & Building - $ l~O,O00.O0 Pars onalProperty and E quipment - 267 ~ 000. O0 417,000.00 The motion was s6conded by Councilman Roth, and upon call of roll carried unanimously. A request for a street light at the corner of N. W. 2nd Street and 10th Ave., was filed by the,City Manager, who explained that the installation woul~ require one additional pole, the nearest existing light being st the corner of 8th Ave., This is the main road to the new colored Hgcreation Center and Carver Park. Another request for a street light was filed by a petition fro:n property owners, asking that a light be installed on S. E. 3rd Avenue , between 3rd and ~th Street~ the petition reading as follows: Mr. Black stated that ~0 additional lights had been set UP in the current budget, thirty-eight of which would be taken up by the Federal Highway lighting project. .Upon motion of Councilman Roth, seconded by Councilman Saunders, and unanimously carried, the above two requests were approved, and the City Manager was instructed to have lights installed at these lecations. ~No action was taken on the~.r:~quest of the Southern Bell Telephone & Telegraph co. for a street light on S. E. 4th Ave., at the north end of their sidewalk, in the center of Block 9~, as a policy had been established to install new lights onl~ on corners until lighting facilities in all parts of the City have been improved. In a motion by Councilman Jacobs, seconded by ~ouncilman Saunders ,unanimously carried, the Council approved a Colored Festival to be held Aprill0 - 15 in Carver Park, subject to the Approval of theFact Finding Eommfttee, the Festival to be sponsored by the Carver High School Band to raise funds for purchasing unifoEr~s. A policy for the use of sound trucks by politicians was discussed, and ~ motion was made by Councilman Roth that each candidate be allowed to usea~sound truck through the streets of the City for not over two hours a day, and that he be allowed to speak from one l~cation for a period of not over thirty minutes. The motion was seconded by Councilman Saunders, and upon call of roll carried, Councilman Kabler, Roth and Mr. Jacobs explained that he considered one hour would be time enough to allow each candidate to use a sound truck, as they could becon~e a nuisance. Councilman Roth, Chairman of the Fact Finding Co~Eittee, recommended that an offer to lease of the City rock pit, the lesseel, to live there in a trailer, be rejected, and that this land be reserMe~ by the City for park purposes; also that the City Manager be instructed to investigate the possibility of purchas~8 adjacent land to be developed as a Park. Mr. Roth stated that his Committee felt that the State Board of Health wo~ld not approve of anyone living in a trailer at that location with out sanitation. Upon motion of Councilman Roth, seconded by Councilman Jacobs, unanimously carried, the recommendation of the Fact Finding Committee as above were approved. T~e rocking of the alley rm~ing north and south through Block ll~ was brought up the City Manager for consideration. He explained that the alley had b~en rocked from either end, but the center for a distance of about 200' was not passable. The improvement wo~d be assessable against abutting properties, involving six lots. No action was taken on this project, the Council feeling that the propert~ owners affected should request it, and that the alleys ~hould ~6t be paved from the Funds Of the Revolving Improvement Fund except in a vital ca~e. Proof of publication of Resolution No. 753, calling a hearing for objections to the paving of N. E. 8th Ave., from 5th to 8th Streets, and N. E. 6th Str., from 8th Avenue to Palm Trail, was passed and spread upo:~ the minutes as follows: (Copy of Resolution appears tn minutes fo March l~, 1950) AFFIDAVIT OF PUBLICATION. Delray Beach News. Pub]~ished Semi-Weekly Delray Beach, P~lm Beach County, Florida. STATE OF FLORIDA COUNTY OF PALR1 BEA~CH Before the undersigned authority personally appeared WILLIAN K. ~0RRISON who on oath says that he is Publisher of the DeIra~ Beach News, a semi* weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement being a Resolutio~ No. 753 in the matter of City of Delray Beach in the ........ Court,was oublished i~ said newspaper in the issues of ~arch ~6, 23, 19~0 Affiant further says that the said Delray Beach News is a newspaper published st DeIray Beac~ in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each week and has been entered as second class matter at t~e oost office in Delray Beach, Florida, i~ said Palm Beach County, Florida, for a per~od of one year next preceding the first publicat ion of the attached copy of advertisement; and 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 said newspaper. (Signed) William K. Morrison Sworn to and subscribed before me th'is 24th day of March A. D. 19~0 (Signed) SEAL Kat.hryn P. ~arrison ~ tary Public S~ate of Florida at large, l~!y commission expire~ July 27 19~2. Bonded by American Surety Co, of N. Y. Upon motion of Councilman Roth, seconded by Councilman Jacobs, unanimodsly carried, the foregoing Resolution No. was passed and adopted as read. An 0rdtnance~ to ar~nex certain territory north of West Atlantic Avenue west of the Seaboard Railway, was then brought up for second and final reading, and read in full as follows; ORDINANCE NO. G-98 AN ORDINANCE OF THE CITY COUNCIL OF DELRAY BEACH, PAI,N BEACH COUNTY, FLORIDA, DECLARING ITS INTENTION TO ANNEX TO THE CITY OF DELRAY BEACH THE FOLLOWING TI{A~T OR PARCELOF LAA~ LOCATED IN PALN BEACH COUNTY, FLORIDA, AND LYING CONTINGENT TO TIlE CITY OF DELRAY BEACH T~-WIT: FOR A POINT OF BEGI~,~ING START AT A POINT %'~FFqE}{E T~ NORT~ P,i~HT-0P~'?AY LINE OF VfEST ATLA~..IC AVENUE INTERSECTS THE N0~TH-SOUTH CENTER LINE OF SECTION18, T0%'fNSHIP SOUTH, RANGE ~3 EAST: THENCE RUN NORTHERLY ALONG SAID NORTH-SOUTH CENTER LiNE THIRTY-THREE F~T (33') .~f0RTH OF EAST-WEST CE~,~fER Li2~E OF SECTION 18 (18)TONNSHIP ~6-SOUTH, RAYNE !$3 EAST: THENCE EASTERLY ALONG A LINE THIRTY-THREE (33') NORTH OF AND PARALLEL TO S~ID EAST-WEST CENTERLINE TO THE POI,~Yf OF INTERSE~CTION WITH T~[E RIGHT-OF-WAY LINE OF THE E-~ CANAI, THENCE RUNNING SOUTHWESTERLY A~fD SOUTHERLY TO THE NORTH RIG}-~T-OF-WAY LINE OF WEST ATLANTIC AVENUE:THENCE SOUTHWESTi~;RLY ALONG SAID NORTH RIf~HT-UF-WAY LI~ OF WEST ATLANTIC AVENb~E TO THE POI~ OF BEGINNING: PROVIDING THAT THE SAID TRACT OR PARCEL S~;ALL BE ANNEXED TO THE CITY OF DEL- RAY BEACH AT THE EXPIRATION OF FIFTEEN DAYS FRO~'~ THE FINAL PASSAGE OF THIS ORDINAkTCE: AND FURTHER PROVIDING THAT THIS ORDINANCE SPLALL BE PUBLISHED FOR TWO CONSEC- UTIVE WEEKS AFTER ITS FiN&L PASSAGE. BE IT ORDAI?~D by the ~ity Council of the City of Delray Beach, P'lorida, as follows: Section 1: That the City 'Council hereby de- clares its' i'ntentf~ns to annex the following described tract or parcel of land located in Palm Beach ~ounty, Florida, and lying continguous to the City of Delray Beach, to wit; For a point of begim~.ing, start at a point where the North right of-way line west Atlantic Avenue intersects ~he North-South Center line of Section elghteen(l$) Om'ownship ~6-South, Range)~3-East; thence run northerly along said North-South .genterline to a point thirty-three (33) feet north of the East-West ~enterlineof Section eighteen (18) Township ~6-S, Range 43-E, thence easterly along thirth-three feet (33') north of and parallel ,to said East- West centerline to the paint of intersection with the West right-of-way line of the E-[.~ Canal; thence ru~ing Southwesterly and Southerly to the North right-of-way line of West Atlantic Avenue; thence Southwesterly along said North right-of-way line of West Atlantic Avenue to the point of beginning. Section2: That the above described tract or parce,1'~ b~ land shall be annexed to the City of Delray Beach, Florida, at the expiration of fifteen (].5) days from t[~e final passage of this 0rdi~a~ ce. Section .~: That, afte¥ the final passage of this Ordinance, said Ordinance shall be published ~n full, once a week for two (2) consecutive weeks, and the Delray Beach News is hereby designated as the newspaper for suc~i publication. Section 4: T"at, if any word, phrase, clause, sentenceor other pa~t of this Ordinance shall be declared illegal by a Court fo competent juris- dicti, on, such record of illegalityshall in no way affect the remaining portion; that, if any' portion or part of the property as described in nt~abered I paragraph hereof is declared bye Court of competent jurisdiction not to be annexable, then such portion or part shall in no way affect the annexability of the remaining part or portion thereof. Section ~ ~my objections should be filed ~n the ~anner prescribed by the Section 185 of the City Charter of the City of Delray Beach, Florida. PASSED in regular session on the sec- ond and final reading on this the 28th day of Nar ch A. D. 1950. (Signed) John N, Kabler P~sident City Council (Approved) John N. Kabler ~ayor (ATTEST) Ruth R. Smith ~City :Clerk 1st Reading - ~s. rch 1,~, 1950 End Reading -~ Merch 28, 1950 ~assem anm amp~h 28, 1950 A motion was made by Councilman Jacobs, that the foregoing Ordinance No-G-98 be passed and adopted as read. The motion was seconded by Councilman Saunders, and upon call of roll carried unanimously. Upon motion of Councilman Roth, seconded by Councilman Saunders, carried unanimously contracts to furnish police radio service to the Towns of Gulfstream, Boynton, Boca Raton and Constable Bruce ~q~eeler were approved, and the R~ayor and City Clerk were authorized to execute same on behalf of the ~City. A list of policies set up by the Youth ~ssociation and the policy and Operating Committee of the CivicCenter Building, as to the use of the ~ivic Center Building, was presented as follows: DATES FOR THE YOUTH REGR~ATION C0~ITTEE TO CONTROL CIVIC CENTER To be controled by the City Council ~arch 28th, YOUTH COM~NITTEE TO CONTROL FOLLOWING DATES: SUNflYER 510~?H~: 2:00 to ~:00 P 51 ~onda)~ through Saturday ?:00 to 10:00 P ~ ~onday through Sa turday ~7NTER SCHOOL TERN: 3:00 to 5:00 P ~ Nonday through Friday 2:00 to ~:00 P M. Every Saturday Every Friday and Saturday night 1950 AGREENENT Approved by l~o~th Committee ~arch 24 and 2~ nights Little Theater April 7th night~ .-Fireman April 27 and 28 nights -Little Theater Garden Club to be contacted by Nr. }~amilton and asked about dates. City ~,~anager to maintain dates. City NanagerBlack explained that the Recreation Association had agreed to arrange outside activities if the building could be rented at a time scheduled for their use, and that Mr. Marshall Hamilton would make reservations for such times. A calender for all ot}~e~ times would be kept in the City Rianager's office. Upon motion of Councilman Saunders, seconded by Councilman Roth, and. unanimously carried, the policies for the use of the Civic Center were approved as submitted. NOT_ICE OF iNTENTION TO PURCNASE CITY OF DELRAY BEACH FLCRIDA Refunding Bonds, Issue of 1938, Series "A" and/or Refunding Bonds, Issue of 1940, Series "B" The City Council of Delray Beach, Florida, will receive - · ~! tt - tl It sealed tenders of Refunding Bonds, Series A and/orSeries B in ~he amount of approximately Forty Thousand Dollars) $~0,000) in .its office in the City Hall, Delray Beach, Florida, ~t 8:00 P. N. Eastern St~nd~rd Time, March 28th, 1950 ~ll tenders shall be secled and offered firm. The City reserves the roght to any and all tenders. CITY OF DELRAY BEACH, FLORIDA. By, Ruth R. Smith City Clerk and Treasurer. City and County of New York, s.s:- Rose Speranza, being duly sworn, says that she is the advertising Clerk of the BOND BUYER, a daily and weekly newspaper printed and published at 67 Pearl Street in the City of New York, State of New York: and the notice, of which the annexed is a printed copy, was regularly published in TT.~ B0h~) BUYER. on February 2~th, 19~0 (Bigned) Rose Soeranza Advertising ,Clerk Subscribed and sworn to before me this 2]'th day of February, 1950 (Signed) William F~ Ryan '' Notary ~ublic, Kings County. (N~ 81) Certificate filed ~ New York County (No. 108) Ny commission expires Narch, 30, 1950 AFFIDAVI? OF PUBLI'CATION Delray Beach News Published Semi-weekly Delray beach, Palm Beach ~ounty, Florida. STATE OF FLORIDA COUNTY OF PALN BEACH Before the undersigned authority personnaly appeared WILLIA~I K. ~0RRISON 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 a NOTICE OF I~ITENTION TO P!iRCHASE in tne matter of City of Delray Beach in th~ Court, was published in said newspaper in the issues of February 23rd, 19~0 Affiant further says that the said Delray Beach News is a newspape~ published at Delray Beach, in said County of Palm Beach, Florida, and that the said newspaper has heretofore been continuously published in said P~lm Beach County, Florida, each week aod has ~een ebtered as second class mail matter at the oost office in Delray Beachm in said Palm Beach County, Florida, for a period of one year next preceeding the first publication of the attached advertisement; and the affiant further says that he has neitherpaid nor promised any person, fir~, or corporation any discount rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper (Si~,e~l) William K. ~orrison Sworm to and subscrib~d before me this' 2~h d~'.v of February 19 o. A. D. Kathryn P. Norrison SEAL Notary Public, State of State of Florida,at large. ~y commission expires July 2?th, 19~2. Bonded by American Surety of N. Y. ~/2 f~ $, pO The DELRAY BEACH JOURNAL Published Weekly Delray Beach, Palm Beech, Florida. SiA.E 0F ?LORiDA COUlYfY O~~ PALI~ BEACH: Beffore the undersigned authority personally appeared LORA S. BRITT who on oath sa~s that she is Editor off the Delray Beach Journa]., a weekly newspaper published at Delray Beach in Palm BeaCh County, Florida; that the attached copy o~ advertisement, being a Legal notice in the matter of N~TICE OF Ih~NTiON T0 PUt, CHaSE }{EFU]~ING BO~S, ISSUE OF 19~8, Series "A" and~or REFU~INi~ BONDS ISSUE O? 15~0, S~ries "B" City of De]ray Beach in the -. Court, was published in said newspaper in the issues of Februsry 23, 19~0. Affiant further says that the said The Delray ~eac}~ Journal is a ne~s~aper published at De!ray Beach, in said Palm Beach Gounty, Florida, ~nd that the said newspaper has been bereto.for~ continuously published ir~ said Palm Beach County, ~%orida, each week and has been entered as second class mail. mstter at the post office in Delray Beach, Florida ~ - In said P~lm ~each County, ~].orida, for a period of one year next preceeding the first publication of the ~ttached copy of advertisement; and affiant f~tber says that she has nei+~.~ o~'d nor nromiscd ar!v nerson~ ~o~ any discount, rebate, commission or refund for the purpose of securing fhis advertisex~ant In tk, e said newspaper. (Signed) Lora S. Britt Sworn to and subacz, ibed before me this 6th da~ of March A. D. 19~0. Harry. ~. J..?~or~an Notar)~ Public, State SEAL of Florida at large. ~')y commission expires b'eb. 2, 19~3 Bonded by ~erican Surety Co., of N. ~. /~/ Z,/2 ,q/y o One bid was received In response to the above notic6s, from Thomas M. Cook & Co., of Uest Palm Beach, as follows: City Council Of the City Cf Delray Beach De!ray Beach, Florida. Gentlemen: With reference to your notice of intention to purchase gity of Delray Beach, Florida, refund- ing Bonds, we offer you firm ~ 3,36.00 Cit~ of Delra. y Beach, Florida Ra- funding 2~-5~ Bonds Dated- $ 3,160.00 -- July ]., 1938 ' Series "A" ( 2 x ( 4 x $ ~65,00 -- ~727/7~0) '~ 200.00 -July 1, 19}.LOC~er~ea "B" Due - ~uZ~ ~, ~968 With July 1, 1950 ~t, a ~rice of 99~- and interest. Kindly advise acceptance or rejection of this offer. Very truly yours, THOMAS M. COOK & COMFA~ By Thomas M. Cook President A motion was made by go~ncilman Jacobs , seconded by Councilman Roth that this offer be referred to the City Attorn.ey for advice and recommendation. Upon call of roll the motion carried unanimously. A ~ette~ from ~r. Eo J. Burke, owner of the South .~. of Lot 10 Blockl, ~sceola Park,offering to dedicate a portion of his land for the extension of ?th Avenue to S. E. 5th Street, was read as follows: 151 North Federal Highway Delray Beach, Florida. March 28, 19~0. The Town Council Delray Beach, Florida. Gentlemen; As owner of the South half of Block 10, 0sceola Park Subdi~vtsion, located on the north side of Fifth Street between Sixth Avenue and the Canal, I wish t6 dedicate a portion of this property for the purpose of continuing Seventh~ Avenue into Fifth Street, If this grant is acceptable ~to the Council, it is my requ°est that I be so informed by the proper authority in writing. Thanking you for your consideration in this matter, I am Very truly yours, EJB; Jl Fm~m~et J. Burke ~ motion was made by Councilman Jacobs that this letter be answered with the request for more information as to the amount of land he will dedicate for a street purposes. Councilman Saunder~ seconded the motion, which was carried unanimously. Aletter from Wm. Priest, offering to sell a 2~, strip of land in Section 17 to the City for a street right-of-way was referred to the Planning Board for future consideration,upon the motion of Councilman Jacobs, seconded by Council~an Roth and unan- imously carried. Copy of this letter as follows: Delray Beach, Flor~ds February 2?th, 1950. Members of The City Council Delray Beach, Fla., Ge nt leme n: Some time ago I sold a fifty foot lot described as follows: S. 50' of E. 11~5 ' of Lot 9, Section 17, Township ~6 South, Range 43 East. I understand you are trynig to reserve the south 25' of this property for the street right-of-way. I would like very much to cooperate with the ~ity on this matter. I sold this lot for Two Hundre8 Dollars $200.00) I will deed the south 25' to the City for One Hundred Dollars ($L00.00) I would appreciate ari answer at once. Thanking you, I am Respectfully, William Priest ?. o. Box Delray Beach, Fla. Recon~aendat~on Of the Zoning ~oard on requests referred to them, were then read: To the Honorable Mayor and Members of the City Council of the City of Delray Beach Gentlemen: Your Zoning Board met on March 2~,1950 at 2 in the Council Chambers with Kenneth Jacobson, Chairman, and the following members present: King Cone, R. Bruce Puckett and Garland Thayer. The request of W. S. Carper to rezone Lot Block 15, Del Ida Park from Apartment Zone to a Business Zone and the recommendation of the Zoning Board to rezone all property bordering NE 8th Street 150' North and South and from NE 3rd Avenue East to the City limits to a Business Zone was considered, with the exception of that on the Federal H~.ghway whi~h is now Limited Business. After consideration and the opinions of the property owners preaen~ We therefor recommend that all that property bordering NE ~Sth Street approximately l~0' North and South from NE 3rd Avenue to the City Limits be zoned to Limited Business, the exact location of the north and south zone lines to be determined by the depth of the lots bordering NESth Street. No recommendation was made on the type of professional licenses to be permitted in Apartment Zones, As ~r.~ McNab was not pre- sent to submit his report from the investigation of other city 0rdinances. Very truly yours, DELRAY .BEACH PI,AI.~NING A~qD ZO,~NG BOARD By, Helen Long, Sect., Kenneth R. Jacobsen Chairman. KRJ .' hfl It was the concensus of opinion of the Council that the dividing line for a change of zoning on N. E. 8th Street should be at the railroad, and as only three lots were involved west of the railroad, a motion was made by Councilman Roth, seconded by Councilman Saunders, that the ~City Manager be instructed to pre- pare an amendment to the Zoning Ordinance to rezone N. E. 8th Street to a limited Business Distr~ct, from the F. E. C. Railroad east to the City Limits, for a distance of approximately 150' north and south of 8th Street, depending on the depth of the lots affected. An ~pplication for permit to construct a"Dairy Queen" Drive-in station, on Lot 16, Block 60, on t~e Northwest corner of W. Atlantic Ave., and Swintcn Ave., J. Earle Mills, applicant, was f~led by thc Building Inspectorwho explained that the plane would meet ali requirements with the exception of the height of the ceiling and the width ¢ of the building. It was planned to construct the b~i~!ng on the north end of the lot~ facing on Swinton Avenue, lobbying the sou~h side for the construction of a store building to face on Atlantic Ave., in the future. After discussion, a motion was made by Councilman Roth that the application be approved if the applicant alters his plans to conform to zoning_requirements as to width and ceiling height of the building. T e motion was seconded by Councilman Jacobs, and upon call of rS11 carried, Councilman Jacobs, Kabler and Roth voting in favor of the motion, and Councilman Saunders not voting. Upon motion of Councilman Jacobs, seconded by 'Councilman Saunders, unanimously carried, b,milding permit was approved for the construction of a store b~ilding on the S. 90' of Lots ~ & 6, Block 101, subject to compliance with all regulations of the Zoning Ordinance and Building Code, and approval of the Building Inspector. W. Hunter Atha, Applicant., UPon motion of-Councilman Saunders, seco'~ded b~ Councilman Jacobs, unaniraously carried, permit for the construction of a metal building for the Pierce Tire Co., o~ Lot 10,~ock ~6; , Alexander & Williams Inc.apDlicants was denied, as the construction would be non-conforming with etb existing Ordinances. A tentative plat of a section of P!umosa Park, lying between N. E. 2nd Ave., and N. Swinion Ave., was ~esented by the City Manager for the approval of the Counc!l, the section lyfng east of N. E. 2nd Ave. having been tentatively approved by the Council. The plat was approved subject to the changing of the width of lots fronting on N. Swinton Ave., from 7~' to 100' and designation of the area along the railroad as a Park as shown on the ?lat of that section when the Council approved it, upon motion of Councilman Jacobs, secondedby Councilman Roth and unanimously carried. City Attorney ~oore advised the Council that the Bonding Attorney had re%ommended that revenue from utility taxes be pledged for the repayment of .Golf 'Course Revenue Certificates, instead of the Franchise or Tobacco tax. He stated that the Supreme Court has never approved the pledging of a Franchise or Tobacco Tax., while they approved the pledging of utility taxes. A mot.ion was made by Councilman Saunders, seconded~by Councilman Jacobs, and unanimously carried that Resolution No. 745 be rescinded and a new Resol~ution pledging revenue from utility taxes instead of from Tobacco and Franchise Taxes be adopted, whereupon a proposed Resolution entitled: .~ESOLUT!O~ ~0. 755 A RESOLUTION 0t:,' T~E CITY OF DELRAY BEACH~ PRO~:- VIDING FOR I[HE ISSUA~E 0F ~ [~2,000.00 OF SPECIAL TAX REVENUE CERTIFICATES OF ~w'~ _~,m CI_,~f C~ D~t~RAY BEACH, FLORIDA, PAYABLE SOLELY FROM THE REVER~E DERIVED FROM T~E LEVY OF A MUNICIPAL UTILITIES TAX, FOR THE PURPOSE OF DEFRAYING ~HE COST OF REPAIRS, AND EXTER~SiONS TO THE CI~ OF DELRAY BEACH MUNICIPAL GOLF COURSE, A~V0 PROVIDING FOR T~.~ SALE, SECURITY AND PAY~ENT TL~E~EOF. Whereas, the City of Delray Beach, Florida, now owns and operates a ~v~unicipal facility known as the City of Delra~- Beach [,~unicipal Golf Course, and ','~T~m^o,~.,~_,~. said Golf Course has been greatly inadecuate to take care of the needs and demands of the public made upon such Golf Course, and there was great need for making repairs, improvements and extensions to said Golf course; NOW, ~I~i~EFOR, BE IT RESOLVED by the City Council of the City of Delray Beach, ~lorida: SECTIONi It is hereby ascertained, determined and declared: (al That the ~ity of Delray Beach, Florida, (herein after callea the "City") now owns, operates and maintains a [unicipsl Golf course, (hereinafter called "Golf 'Course"), nad has for several years last past, owned, sperated and maintained said. Golf ~ourse. (b) T-at there is no indebtedness at the present time against said Go%f Course. (c) T~at, according to the provisions of the City Charter of the City of Delray Beach, Florida, ( the same bein~ P~7~ 6 Chapter ~.~_, Special Acts of 19~9, Florida LegislatUre), the City is authorized to construct Golf ~Course improvements, and to defray the cost and expenses of such improvements by the issu- ance of spec~R1 tax revenue certificates, and ~ the City is expressly authorized to pledge all or any part of the revenue derived and/or to be derived from the levy of an excise tax on cigarettes, or other tobacco oroducts, and to pledge all or any part of the revenue derived a~d./or to be derived from ~ne levy of any franchise tax, and to pledge all or any part of the revanue derived and/or to be derived .From the levy of a ~unicipal utility tax upon utility services rendered in the City, toward th8 pa~ent of the principal and interest on such special tax revenue certificates; and pass all Ordinances and Resolutions necessary to accomplish such pledge, and notwithstand- ing any other law, general or special now or hereinafter enacted, the City shall not have th8 right to repeal or rescind any, Ordinance or ~eso!~tion imposing taxes pledged to the pa~ent of interest on any of the special tax reve~ue cel~ti~icates issued here- under, and any such taxes shall automatically continue in force, until there shall be a sufficient s~ of money on hand to pay the principal and interest on all such outstanding certificates for w~ch such taxes wmre pledged. Notwithstanding any other lay, general or special, now or hereafter enacted, the City shall not have the righ~t to reduce any of th8 rates or amountsof such minicioal taxes pledged to the~em~9~- pa~nent of principal or interest of certificates or grant exemptions from the payment of such taxes~ ( except to the extent, wi~hinthe limi- tations and in them~nner that might be reserved in the Resolutions 8uthorizing such co~tificates) as long as any certificates issued hereunder are outstanding and fund s sufficient fop the payment of the principal and inter-sst thereof are not on hand. Provided, however, that when all tax revenue certificates issued under the authority of this Act have been paid off, or when a sufficient amount of money to pay the principal thereof, together with interest thereon to maturity has been accumulatedand is secured to the use of the revenue certificate holders~ ~nd th~n, and in either event, the taxes as levied may cease and determine. That the ~et revenue derived by said City from the levy of municipal utilities tax upon utility services rendered in the City, is as follows: From Octeob~rl, 19[~6 to and including September30, 19l~7-- ~ 20, 363.81 i~rom October 1, 19~7 to and including September 30, 1948 25, 284. 22 ~rom Oc~ooerl, 19~8 to and including September 30, 1949 29 , 833.33 That the revenue derived by the City from the levy of a ~unicipal utilities tax upon utilities services rendered in the ,City has not been pledged , either~ in whole or in part by ~he City, on tb~e payment of any outstanding bonds or obligations of said City, That the estimated net revenue from the ~unicipal utilities tax upon utilities services rendered in the City in each fiscal year hereafter is in excess of the amount to become due in such fiscal year for the principal and interest on the revenue certificates hereinafter provided for. (d) That said revenue certificates hereinafter provided for shall be payable solely out of the revenue derived by the levy of a munici~pl utilities tax upon utility services rendered in the ~ity. (e) That ~t was necessary and ad~isable, in order to meet the increased need and~demand of said Golf ~ourse, to make repairs, improvements and extensions therto, consisting of the following: (1) Installing and watering syste~ and pump s~rinklers. (2) Reconstruction of Club House. (3) Grading and planting of fairways and greens. (~) Laying out, and installing of additional holes, fairways, traps and greens. SECTION 2: For the purpos~ of financing t~e cost of repairing, improving and extending said Golf Course, there shall be issued negotiable Special Ta× Revenue C~rtificates said .City (hereinafter called "Certificates") in the aggregate principal amount of FORT¥-TW~O THOUSAh~D DOLLARS ($42,o00.00~ which certificates shall be dated June 26, 19~0, and shall be in the ~enominationof One T~ousand Dollars (~ 1,o00.00) each, and numbered I to ~2 inclusively, and sha]! bear interest until paid, at the rate of three ~er cent (3Po) per ann~n, interest payable D~cember 26, 19.~0~ and s~m~-annual!y the reafter, on the 26tb Uay of June and the 26th day of December of each year, and shall be payable as to both interest ~.nd principal in lawful money of the UniteU States of America, at the office of the City .Clerk of City of De]ray Beach, Florida, in t~e City Hall of s~td .City, ~d shall mature serially in numerical order on June 26th of esch year, as follows: Year Amount Zg~l $ '4000 bo 1952 4o0o: co 1953 ~oo¢,ioo 195L ~oeo oo .~o~c~ ~000 O0 ~9~6 4ooo.oo ~9~'~ ~oco. ,,~o ~9~8 ~0c0. o0 z9~9 ~ooo.oo ~96o oooo.oo Said cert~flaates shall be callable for redemption on or after June 26t~, 19~3, prior to m~turitg, ~t the option of sai~ City In th~ inverse n~eri~al order of issuance. ~q~rr,~x.~.. ..~: The certificates shall be signed by the Mayor of said City a~ attested by the City glerk, amd shall hsve impressed thereon tNe corporate seal of ssid CitF'. Interest falling due om the cePtificates on and prior to the maturity thereof shall be represented by ampronpiate interest to be attache~ to the certifl, cates, which coupons shall be signed with the facsimile signature of said Mayor and City Clerk. SECmTC~ 1~: ~h ~ ~_e certlf~oates and !:he cc.n~:,ons to toe si:tackled and Lhe endorsement to appeaP on ~:,e t>a~ thor. of, shall be !n substsntia~',,.~z~ the followiryg ~ C~tiflcste~ ........ OF PI,OR!DA CITY OF DELRi~Y BEAC~ SPECIAL TAr i::EVE~rE r,~r.b _,~. ~ l, OOC. O0 The ~i~y of Delta. Beach !n Palm ~)each Count~ Plorida, for ~a].ne received, hereby promises to pay to bearer, so!e].y from the Pevenue hePeinafter ~,.~e' the s~m of One ~ ss ........ :ed, =housand Dollars ( ~. 1,000.00) on the 26th day of June ag__, arid to pay solely fr3m said revenue, interest c.n said s~ until paid, at the rate thpee oep cent (3~{) oer ann~,.~a~a~e, payable December 26th, s~nd semi-annually thereafter o~:: the =.6tm dsy ..,~ June a~d Decembem of each year, with inter, est due on and prior to the msturity thereoe pa?able only on the presentation snd surrender on the a~mexed _~nterest coupons ss they severally become due. Both p.~m~pa~..-~-'' ' and inter est hereon are payable in lawful money of the Unitad States of America st the office of the City Clerk of the City of De!ray Beach, in Delray B~.ach, Plorida. That only Cer~ificstes nt~bered 13 to ~2 inclusive , are callable for redemption on or after ~ , ~une 2dth, 1953, and prior to maturity, at the opt.~on of the City, in f~verse n~mrical order of issuance on any !ntere. st payable date, at the price of par a~d aocrued interest thereon to the date so fixed for ~demption T~is ~Certificate is one of ~n issue of ~ of like tenor a~d effect, e~cept as to mat~rity, ~nd redemptio~ issued pursuar~t tO the ~onstitutio~ and Laws of Florida, and ~ Resolute. on adopted by the ~itN Council of said City on ~arch 26th, 19~0,'~ for the p~rpose of paying the cost of repairing improving and extending the Go~f Course and Golf Course facilities. of said City. T, is certificate and the issue of which it is a part, are payable solely, as to both principal and tntel.es~ from the revenue derived by the City from the levy of a ~,iunuvipal utilities tax upon utility servises rendered in said ,£ity. Each successive holder of this Certificate and of the coupons hereto attached is conclusively presumed to forego and renouncehis e~.uities in favor of subsecuent holders for value without notice and to agree f. hat this Certificate and each of the coupons hereto attached may be negctiated by delivery by any pc?son having possession therof, howsoever such posssesslon may h~Ve been accuired, and that any holder who shall have taken this Certificate or any of the coupons from any persor~, for value, and without notice therby, has accuircd absolute title thereto,free from a~y defence enforceable against any prior holder and free from all equities and claims of ownership of any such holder. The ~ity Of Delray Beach shall not be affected by any notice to the contrary. it. is hereby certified and recited that all ~'~.,,~., conditicns and things required by the Constitution and Laws of Florida, and by the Charter of the City to happen, e~ist and be Derfor~ned precedent to and in the issuance of this Certificate have happened , exist and have been perfo:~med as so required. IN WIT.~ESS WHEREOF, the City of Delray Beach ahs caused this Certificate to be executed by its ~.'.~ayor, and attested by its Oity ~'Clerk, with the corporate seal of said City hereunto affixed, nad has caused the interest coupons hereto attached to be executed by its ~ayor nad City Clerk by their facsimili signatures, all as of this 26th day of June, A. ~. 19~0. M.~ yo r ATTEST: City Clerk (Foden of Coupon) $ 15.00 On tile 26.th day of .., tlae City of De!- ray Beach, Palm Beach Cou~-~y~ Florida,'will pay to bearer, solely out of the revenues specified in the attached certiffcate unless said Certificate whall have been properly cai!ed for redemption, the sum of Fifteen Dollars, (~ 15.00) in lawful money of the Unites States of America at the office of the 'City Clerk of the City of Delray Beach, in Delray Beach, Florida, being interest due tha~ay on its Special Tax Revenue Certifi- cates, date~ June 26th, 1950 end n'~bered . Number AT?EST: .... ~yor (Form of Validation Certificate) Validated and confirmed by d~'~ tee of the Circuit Court of the Fifteenth Judicial Circuit in and for Palm Beach County, F].orida, rendered on the day of ,A. D. Cl~k oF the Circuit .Court Palm Beach County, Florida. Section ~: The City hereby covenants and agrees with e~ch successive holder of the Special Tax ?~evenue Certificates herein authorized and the coupons thereto attached, that it will pay into a special fund, which is hereby created and designated "Special Ta~ Revenue Certificates S~king Fund", amo~.~nts of money sufficient to provide for the pa)n~ent of the interest on and the principal of said Certificates. Sect!on6: That, while any of the Special Tax Revenue Certificates issued hereunder shall be outstr~di.,~, the City covenants and agrees not to issue anYother obligatioo, s /7z'¢ payable from the revenues derived from the levy of the man!cipa! utilities tax upon utility services rendered in the City which will have priority over, or equality with, the Certificates herein authorized. Section ?: T at no taxes shall ever be levied an~ no moneys shall ever b~ taken or diverted from any funds of the City for the payment of the principal and interest on the Specila Revenue Tax Certificates issued hereunder, except as hereintofore provided. Section 8: That the Certificates herein authorized shall be hereafter sold at either public or private sale for such price or prices as the City Council shall determine, and such sale shall be confirmed by mot!oh to be passed by the City Council. Section 9: That, as attorney for the City, John ~oc. re, is hereby authorized and directed to take appropriate pro~eed- Ings in the Circuit Court of the Fifteenth Judicial 'Circuit of Florida, in and for Palm Beach ~Sounty, for the validation of said Certificates., and the ~oyor and. City Clerk are author- ize~ to sign any pleadings in such proceedings for and. in behalf of the Council of the City of Delray Beach. Section 10: That, if any section, paragraph, clause, or provision of this Resolution shall be held invalid or unenforceable for any reason, the invalidity or unenforcesbiltty of such section, paragraph, clause or provision, shall not affect the remaining provisions of this Resolution. Section 11: T~ts Resolution passed and adopted this 28th day of ~arch, A. D. 19~0. (Signed) John N. Kabler Attest: ~ayor (Signed) Ruth R. Smith City Clerk SEAL was read, and on motion of Councilman Roth, seconded by Council- map. Saunders, and ny upanimous vote passed and. adppted, and the Resolotion is hereto attached and made a pert of these minutes. The above Resolution shall be designated as Resolution No. The meeting was adjourned upon motion o£ Councilm~n Saonders, seconded by Councilman Jacobs. Ruth R. Smith APPROVED: E~y' ~lerk. Nayor