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05-23-50 MAY 23rd, 1950 Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at ?:30 P. M. with Mayor John N. K~bler in the chair, and City Attorney John Moore, City Manager Charles 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 meeting held May 9th were approved as written. A letter from a Co~nittee of the Delray Beach Property Owners Association, with reference to the installation of additional street lights, was read as follows: Nay 12th 1950 Mr. Charles E. Black, Manager City of Delray Beach, Delray Beach, Florida. Dear Sir: At a recent meeting of Delray Beach Property Owners Association, Committee comprising J. B. Evans, Chairman, Mrs. William Krause and George W. White were appointed to view streets between the ocean and the Canal which either had no lights or which were poor- ly lighted and report our findings to you as Manager of the City of Delray Beach with the request of the above mentioned Association that lights be supplied street or streets listed below. 1. We find there are no lightson Nassau Street or Miramar Drive but after taking it up with the residents of these streets we find they prefer doing without lights rather than have light poles strung along in front of their houses. For this reason we recommend that lights do not be installed on either of these streets. 2. We find there is not a single light on Gleason Street and inasmuch as this is now more or less of a thoroughfare for traffic and there are now quite a few horses on.this street, with more being built, WE recommend light, s. be installed on this street as soon as .possible. 3. We find that in most places the ocean Boulevard is poorly lighted and we recommend additional lighting be...supplied this hea~i'ly t"~avel'ed street. From time to time needs of the Beach Section will be brought to your attention but only such needs as are deemed to be practical and within the means of the City to be granted. Will you kindly let me have your re-action to this request in order the same may be passed on to the Ass ociation. Respectfully yours, (Signes) J. B. Evana Chai'rman Councilman Jacobs recommended the installation of street lights on S. E. Ath Avenue also, which is entirely built up and where there are no lights from §th Street south to 10th Street. The request was referred to Councilmen Jacobs and Kabler for investigation and report back to the Council. The Clerk was also asked to furbish a breakdown of the cost per month for street lights during the fiscal year. The following letter from Donald Scott Sharpe, requesting permission to build a private dock on City owned property at the foot of Thomas Street, or on the south side of the Yacht Basin., was read : May 22nd, 1980 Mr. Charles E. Black, City Maa~ager City of Delray Beach, Florida. Dear Mr. Black: I have recently purchased Lot 34 in OCEAN BEEEZE ES- TATES. This lot is located on the East side of SF~BREEZE Avenue, 79 ft. South of THOMAS Street. On it I propose to build a residence for my own use. I own a 40 ft. Power Cruiser for which ~ would like to procure dockage close to my new home. It is my understanding that the South Side of the Yacht Basin c~ntiguous to OCEAN BREEZE ESTATES in owned by the City. I refer to a strip between Basin Drive, where it runs in an East and West direction, and the Basin itself. The City also owns a strip approximately 28 ft wide at the West end of Thomas Street on the East side of the Basin. It is here that I would ask permission from the City to build a Dock at my expense, for my use. In case .this could not be arranged, as a second choice, I would request permission from the City to bulls such a Dick on the South side of this Basin; along side one which is already there, and to the West of it. I would ask that, having invested my money in the construction of such a Dock I be given a reason- able time, such as five years, for itsexclusive use. I am basing this request on the assumption that this Yacht Basin was originmlly planned for the use of Property Owners in OCEAN BREEZE ESTATES, in which my property, as pointed out above, is located. Attached you will find a rough sketch show- ing the area to which refer, as well as the loca- tion of the Dock eequested. Any thing you can do to expedite the granting of this request by the City will be greatly appreciated. Sincerely (Signed) Donald S, Sharpe. lll4 E. Atlantic Ave., Delray Beach, Florida. Upon motion of Councilman Holland, seconded by Councilman Saunders, unanimously carried, the request to construct a Dock on City property, with exclusive use of same for a period of five years, was denied, upon advice from the City Attorney that one person could not be given exclusive use of City prop- erty except by lease. The request was referred to th Planning Board for study of the adoption of a policy for use in the future pertaining to all City owned Canal Frontage, and also a possible request by an owner of Canal front property for permit to build mooring space abutting his own property. Mr. Dave Davis, operating as DavisDisplays, at 4480 S. W. Terrace. Miami, appeared before the Council, and explained a proposition to place trash receptacles on City streets. He outlined a form of contract under which he would furnish the re ceptacles, to be placed in locations selected by the City , and sell advertisements, preferably to local business concerns to be painted on the outside of the cans, for which the City would receive a permit £ee. The cans would be attractive whiteenameled galvanized receptacles, would be maintained by his Company, and would be removed by him in case of a He would also furnish liability insurance in the amount of $ 50,000.00 and property damage insurance in the amount of $ 5,000.00 Mr. Davis offered to plce three or four receptacles on the streets for a probationar~ period of time, for public approval. City Manager Black considered the proposition advantageous for the City, as the cost of trash receptacles, plus their maintanance and replacement, would be saved, and permit fees would be added revenue. After consideration, a mo,Sion was made by Councilman Holland that Mr. Davis be allowed to p~e several of his receptacleson the streets for a probationary period , to determine public reaction. The motion was seconded by councilman Saanders, and upon call o~ roll carried unanimously. A~letter from W. C. Burton with reference to~ the rear set-back requirements affecting his property located at the south east corner of East Atlantic Ave., and Bronson Ave., was read as follows: May 20,1950 To the Honorable ~ouncil Property 90'0" x and 101 ' ~" Zoning Board S E Corner City of Delray Beach Atlan$ic & Brins0n Florida Gent lemen: While in Delray Beach during the Month of April, it was my privilege to contact Mr. Black and Mr. Schrader several times relative to restrictions on above indicated property. Due to the enforcement of the "off-Street" parking Ordinance, I was very much interested in buildings lines, as so much of the property had to be reserved for the off- street parking, the remainder of this particular lot was greatly reduced. When we left Delray Beach the later part of the month, I was honestly of the opinion that I was correct in that the five foot set-back from the rear or south line of the property and the five soot set- back from Bronson or the west line of the property was in absolute'accordance with approvedregula- tions on file in the City offices. It was indeed a severe surprise to have Mr. Lawson advise me by phone last Thursday that the set-back from the south line was ten and not five feet. It is our intention to improve at once the rear part of the property with a four unit, one bedroom apartment building Next year we expect to improve the front part with thr~e or four stores with three apart- ments above and have an attractive patio between. With the five foot set-back from the rear line for the apartment b building it would havr enabled us to ~erect the stores witha depth of thirty five feet and maintain a beautiful patio between, which we believe will be of attractive appearance to Delray Beach. We also believe that stores having depth of thirty five feet are of greater ~mprovement value than those having lesser depth. Also, in respect to this particular lot, the property immediately to thesouth, with the exception of a sixteen foot strip reserved for a private drive,is the property of the Presbyterian Church for the use of parking cars of the congregation. It is becoming more important for all churches to have adequate parking facilities for the use of their members as parking problems are becoming more involved each year. It therefor appears that this property will remain as open property for many years to come and our hating our building five feet ~o~th of our south line would in no wise interfere with the usefulness of their property. We therefor request your august body to review this property and g~ant us the privilege of a five foot set back from our south line with the five foot setback already granted from Bronson. Very t~uly yours, (Signed) W. C. Burton 217 Bompart Ave., Webster Groves 19. Mo As Mr. Burtons request was for permission to deviate from zoning regulations, a motion was made by Councilman Roth, seconded by Councilman Holland, that it be referred to the Zoning Board for consideration and reco~-~endation. Upon call of roll the motion carried unanimously. It was explained by the City Attorney that a special permit did not constitute a zoning change, therefor the Zoning Board was able to act on such requests, without an emergency being declared. A request from Dr. Chas. E. Vogler for permission to keep two horses on the City owned land on West Atlantic Ave., which is leased to the Gladioli Fair Association , during the summer, was considered. Mr. Lawson, President of the Fair Association, stated that they were willing to allow not more than three horses on the grounds, providing the City Council approved. 5/ /5o Upon motion of Councilman Saunders, seconded by Councilman Roth, unanimously carried, the Council granted this request, with the provision that the grounds are kept in a sanitary condition, and no objections are filed from the property owners in that vicinity. Councilman Jacobs stated that he favoredthe motion with the understanding that sanitary laws will be strictly adhered to. A letter from the Garden Club was then read, as follows: May 20th 19§0 Mr. JohnN. Kabler Mayor Delray Beach, Florida. Dear Sir: The last few years the Delray Beach Garden Club has been endeavoring to beautify certain sections of the City. Our first pro- Ject wa~ The Fla. East Coast Ry. Station. We raised $ 2300 for that project and have added to that from time to time for rep~Aoement and maintainance which is more than we can continue to do, as much as we would like to do so. Since then we have secured enough money to cooperate ~ith the City in planting palm trees on Atlantic Ave., and planting a cor~er where the benches are by the R. R. As Delray Beach is growing and being extensively advertised for winter visitors as a beautiful ocean-side city with golf course and other vacation advantages, isn't it the responsibility of all of us to see that these things are kept up in return for the business brought to our It is our suggestion that you bring before the Delray Beach City Council the ne~d for a park c~issioner and an item in the City budget to enable him to carry on his work. Hs will then be able to maintain these assets to their resort city namely the golf course, the grounds around the railroad atation, the parkway featured down the center of some streets and the palms along the ocean front from Atlantic Avenue. You would find aPark Commissioner would be very busy and a great help to the City. Yours very truly, (Signed) Paisley S. Rockwell Pres. The Garden Club. (Note): List projects for budget Policy on Civic Club Improve- ments Mrs. T. G. Rockwell 327 N. E. 9th Ave., Delray Beach, Fla. City Manager Black e~$ained the City had been fur- nishing water for the railroad beautification, and that the Garden Club had not previously suggested turning this project over to the City. Mayor Kabler, and the Council as a whole, believed that the City should assist the Garden Club with beautification projects, which are of great benefit to the City, but that they should discuss such matters with the Council before undertaking them, if they w~ll laterneed financial help. A motion was made by Councilman Saunders, seconded by Councilman Rott~, that the City Manager be instructed to prepare a list of present City obligations on Garden Club pro~$~! ~ and to ,.vise the Club that in the future any projects WhiChlth~ey undertake which they .expect the City to assume responsibility for after a certain time, must be cleared through the Council, in order to budget the expense involved each year. Upon call of roll the motion carried unanimously. The following letter from Attorney Paul E. Gringle was read: May 19th, 1950 Mr. Charles E. Black City Manager Delray Beach, Florida. Dear Mr. Black: I expect to be out of the City on May 22nd 23, 24, 25 and possibly 26th of May. Mayor John N. Kabler has advised me that the City Council has appointed Daniel H. Murphey Jr., as acting Munucipal Judge during my absence. Mayor Kabler asked me to inform you that the following Councilmen took this action. John N. Kabler, WalterA. Roth, and Robert Holland. I trUst this in accordance with the City Chart er. Sincerely, ( Signed) Paul E. Gringle. Municipal Judge. City of Delray Beach, Florida As Daniel H. Murphy is not a resident of this City, upon. advice of the City Attorney, he would not be qualified to serve as Acting Municipal Judge. Councilman Jacobs recommended the appointment of W. E. Wilcox as replacement Judge, but under the City Charter, he would also be disqualified to ssrve unless no Attorney is available. A motion was made by Councilman Holland, seconded by Councilman Roth, that Attorney John H. Adams be appointed to serve continuously as Replacement Judge, in the absence of the Municipal Judge. Upon call of roll, the motion carried unanimously. Office hours for the Water Department were then discussed Councilman Jacobs contending that it was an inconvenience to the public to close the office door at 2 p. m. espacially between the first and 10th of the month, wen water bills are due. City Manager Black explained that anyone ~.ishing to pay a bill after 2 p. m. is taken care of through his office, which is open at all times, and that the doorsare closes to enable office employees to workmiwithout interruption, otherwise extra clerks would be needed. No action was taken on the matter. Upon motion of Councilman Roth, seconded by Councilman Saunders, unanimously carried, the closing of all offices in the City Hall on Tuesday, May 30th, in observance of Memorial Day, was approved. Invitation to Bid on roof repairs for the Community Center Building was read as follows: INVITATION TO BID Sealed bids will be recieved until 4:30 p. m. EST, Tuesday May 23rd., 19§0 on roof repairs for the Community Civic Center Building (USO Building) on SE 4th Ave., Delray Beach, Florida. Specifications are on file in the office of the City Engineer,City Hall, Del~ay Beach, Florida. The City Council reserves the right to require bidders to provecapability to perform work; and torequire postingof bond for faithful perform- ance. The Council also reserves the right to reject any and/all bids and to waive formalities. or CITY OF DELRAY BEACH, CHARLES E. BLACK City Manager May ll 2nd 18, 1950 The DELRAY BEACH JOURNAL Published Weekly Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH: Before the undersigned authority pets on, ally appeared ROBERT L. BRITT, who on oath says that he is EDITOR of the Delray Beach Journal, a weekly newspaper published at Delta y Beach, in Palm Beach County, Florida;~ that the attached copy of advertisement being a Legal Notice in the matter of INVITATION TO BID- City of Delray Beach Community Civic Center Roof Repairs in the Court, was published in said newspaper in' 'th~ issues of May ll, 18 1950. Affiant further says that the said Delray 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 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 period of one year next preceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid no~ 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) Robert L. Britt Sworn to and subscribed before ms this 29th day of May, A. D. 1950 (Signed) Harry J. Morgan Notary Public, State of Florida at large. My commission expires February 2, 1953 Bonded by American Surety Co., of N. Y. AFFIDAVIT OF PUBLICATION DELRAY BEACH NEWS Published weekly Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared I~tr~L~M K. MOREISON who on math says that he is Publisher of the Delray Beach News, a weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement being a INVITATION TO BID in the matter of the City of Delray Beach in the Court, was published in the issues of May 11~-18', 1950 ...... Affiant further says that the Said Delray Beach News is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each Friday, and has been entered as second class mail matter at the post office in Delray Beach, in said Palm Beach County, Florida, for a period of one year next pre- ceding the first publication of the attached copy of advertisement: and affiant further says that he has neither paid nor promised any person,firm or corpor- ation any discount, rebate, commission or refund for the pur- ~ ~.pose of securing this advertisement for publication.in saidnewspaper. Sworn to and subscribed before me this 26th day of May A. D. 1950. (Signed) SEAL Kat!!ryn P. Morris on Notary Public,- State of Florida at large. My commission expires July 2?th, 1952. Bonded by American Surety Co., of N. Y. Three bids were recieved in response to the foregoing notice, as follows: 1. B. &. C. Roofing Co. ~ -- Apply a Tenkote AIu~in'um c6'ating ov'er present roof. Roofing to be sealed at edges with Aluminum Plastic. All valleys to be smaled and dormers flashed. Guaranteed for ten years not to wear off ........ $ 44V.00 2. Boynton Beach Roofing Co., " ~. 'Remove old roofing, then apply JohnsManville Bonded Roof with copper flashing and d~ip edge. New boards includedw~re necessary ............ $ 1,049.00 b. American Asbestos Co., products spread over all surfaces of the present roof. Ten year guarantee .......... 595. O0 3. TropiCal Roofing Co.Trim slate from all eaves and gable ends, m~ere fastened to facia. Nail down all buckles in present roof. Aply one layer of 30~ feltwith nails and tin tags, over entire roof. Install galvanized eave drip at all eaves and gable ends. Install galvanized iron at all valleys and flash where nec- essary at dormers and other roof and wall intersections. Apply Barrett's S. I. S. roofing with Anchor Brand asphalt or Barrett's S. I. S. cement mopped solid under entire width of sheets, nailing upper 17" of sheets with nails and tin tags ........ $ 1,125. O0 Ten year bond furnished for addition- al scm of 65.00 As it was believed that the building might be demolished within a ten year period, a motion was made by Councilman Holland that the low bid of B. & C. Roofing Co., to apply TBnkote Alumi- num coating over the present toff for a to~A1 cost of $ 44V.00 be accepted. Councilman Saunders seconded the motion, which carried unanimously. A petition signed by three property owners in Block' lO1, requesting th paving of the alley running north and south Eh~ugh that Block, was read as follows: May 12th, 1950 TO: The Cicy Council Delray Beach, Florida. We, the undersigned, do ,hereby ask the Council of Delray Beach to pave the existing des~.~ated alley between S. E. §th Ave., and S. E. 4th Ave., entering said alley between the U S 0 and the City Hall running south to S. E. 1st Street. (Signed) Charles J. Wick II Mrs. Elsie Davis Louis Tenneralli City Manager Black Explained that a majority of property owners affected had signed the petition, and that the alley h~dpreviously been paved about half way north of First Street. He recommended the rocking of the remaining portion of the alley, on an assessment basis, to provide a rear entrance for business buildings. The following Resolution was then introduced: RESOLUTION NO. 756 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTIMATE DE COST OF ROCKING THAT PORTION OF ALLEY RUNNING NORTH AND SOUTH THROUGH BLOCK lO1 WHICH IS NOT NOW ROCKED. WHEREAS, the owners of a majority of the frontage of lands liable to be assessed for the rocking of that portion of the alley running north ans south through Block lO1 which has not been rocked, have petitioned the City Council for such improve- ment, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That the City Engineer be required to submit plans, specifications, and estimate of cost of such improvement to be made, and that the same shall be placed on file in the office of the City Engineer. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this 23rd day · of May A. D. ~.950. ( s John N. Kabler ATTEST: Mayor Ruth R. Smith City 'Clerk SEAL Upon motion of Councilman Roth, seconded by Councilman Saunders, unanimously carried, the foregoing Resolution No. 7§6 was passed and adopted as read. The rocking of the alley running north and south through Blockll4 was then brought up. the City Manager explaining that this alley had previously been paved a short distance from each end, but a strip of approximately 200' in the center had never' been opened. He recommended the rocking of this short portion, so that the alley could be used. The following Resolution was then presented: RESOLUTION NO. 757 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REQUIRING PLANS, SPECIFICATIONS AND ESTIMATE OF COST OF ROCKING THAT PORTION OF ALLEY RUNNING NORTH AND SOUTH THROUGH BLOCK 114 WHICH HAS NOT BEEN ROCKED. WHEREAS, the City Council deems it to the best interest of the City of Del~ay Beach, Florida to rock that portion of the alley running north and south through Block 114 which has not been rocked, and to assess the cost of such rocking against lands especially benefited the reby. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That the City Engineer be required to submit plans, specifications, and estimates of cost of such improvement to be made, and that the same shall be placed on file in the office of the City Engineer. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 23rd day of May A. D. 1950. (Signed) John N. Kabler ATTEST: Mayor Ruth R. Smith ' '~ity C'lerk SEAL A motion was made by 0ouncilman Holland, seconded by Councilman Jacobs, that the foregoing Resolution No. 757 be passed and adppted as read, Upon call of roll the motion carried unanimous ly. Mayor Kabler then advised the Council that he had received a request from Mr. Scott M. Loftin, one of the FloridaEast Coast Railway ~o to have the rate of speed for trains through the City from §5 miles per hour north of N. E. 2nd Street and and south of S. E. 2nd Street, to 4§ miles per hour. He stated thqt the present rate of speed was slowing their train scheduled down. M~yor Kabler recommended that this request be granted, with the provision that it would be strictly adhered to. He believed that the City would need the cooperation of the railroad when it becomes necessary to run a storm sewer line under the tracks at N. E. 2nd Street, as well as other projects, and with this in mind he felt the City Council ahould grant their request, at this time. The Council discussed the increased danger at the N. E. 2nd., 4th and 8~h street crossings by an increase in speed, and also the fact that trains have been passing the 8th Street crossing at 60 to 70 miles per recently, in violation of present Ordinance. They also felt that if the rate of speed were increased to 45 mph. signal lights or traffic gates should be installed at these crossings. No action was taken on the request at this time. The followin~ letter from the Planning Board, with reference to a request filed by J. C. Hughes for permission to,construct a boat slip in the N.1/2 of Lot 10, Block 1 0sceola Park, was read andordered filed for future reference. May 23rd, 1950 Mr. John N. Kabler, Mayor City Hall, Delray Beach, Florida. Dear Jack: In reply to your request of 16 May 1950 regarding the future zoning of the property in the general area in which Mr. Joseph Eughes has made a request for rezoning, the Delray Beach Planning Board reports the following: The Planning Bolrd has had the above area under study and consideration along with t~s over all planning, and find's that it's general plan for this area cinicides with those ~commendations of the Zon- ing Board for the Zoning of this property. In reviewing the property zoning on the Inland Waterway, it was found that there is at pres- ent over 1200 feet of property fronting the Waterway which is zoned for limited business. Considering this in relation to the small amount of total Waterway frontage in Delray Beach, it is Telt that all property on the Waterway not presently zoned as limited bus- iness should be reserved for the future development of residential and apartment zoning. Thereforg,the Delray Beach Planning Board recommends that no additional property on the Inland Waterway be zoned for business. Yours very truly, (Signed) James I. Sinks Cha irman Delray Beach Planning Board. The question of licensing and innoculating dogs, picking up unlicensed dogs, was discussed, and refer~e~o the City Manager to work out a plan for handling this problem. The following Resolution was then brought up by the City Attox-ney, and same was read in'full: RESOLUTION NO. 758 A RES0~UTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA INSTRUCTING THE CITY ATTORNEY TO INSTITUTE FORECLOSURE PROCEEDINGS FOR COLLECTION OF TAX SALE CERTI* FICATES, TAXES, AND /OR SPECIAL ASSESSMENTS LIENS HELD BY THE CITY OF DELRAY BEACH, FLORIDA, AGAINST ALL PROPERTY IN SAID CITY, UPON WHICH TAXES ARE DELINQUENT AND UNPAID FOR THE YEAR 1946 AND/OR PRIOR YEARS. WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that it for the best in~erest of the City to collect its delinquent tax liens and/or special assessment liens against all of the property in the City of Delray Beach, Florida, upon which City taxes are unpaid for the year 1946 and/or prior years, and WHEREAS, the Charter of the City of Delray Beach, Florida, provides that the City Council may, by Resolution, instruct the City Tax Ugllector to deliver any one or more tax lien~certiftcates and/ or s~ecial assessment liens owned by the Cityand in the cus- tody of said Collector, to the City Attorney for collection, and inst~ct said City A~torney to pro- ceed with the foreclosure of such certificates and/or liens. NOW, THERFORE, be it resolved by the City Council of Delray Beach, Florida, as follows: SECTION 1. That the City Tax Collector is hereby instructed to deliver to the City Attorney all tax sale certificates and/or special assessment liens owned by the City of Delray Beach, Florida, and in the custody of the City Tax Collector against all property in the City of Delray Beach, Florida, upon which City taxes are unpaid for the year 1946 and/or prior years. SECTION 2. That the City Attorney is hereby instructed to institute f~re~losure proceedings for the collection of said ta~rtificates and/or special ~sessmen~liens when said tax sale certificates and/or special assessment liens are delivered to him by the City Tax Collector. PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, on this 2~rd day of May A. D. 1950. ( Signed) John N. Kabler Mayor ATTEST: Ruth R. Smith City Clerk. SEAL A~motion was made by Councilman Ho~h~, seconded by CouncilmanH~lta~d, that the foregoing Resolution No. be passed , unanimously carried, adopted as read. Mr. Clifford Baker, Realtor, representing Mr. Donald S. Sharpe, whose written request for permission to build a private dock at the foot of Thomas Street, on City owned property, had been considered earlier in the meeting, appeared before the Council He stated that the Florida Navigation District owned sout~ half of this Yacht Basin, which included a strip of land abutting the north line of BasinDrive. He asked if the Council would object to his trying to obtain permission from the Florida Navigation District to build a private dock on this land for his client. The Council had no objections, as the City owned land was not involved. A letter from Mr. Kenneth J. Ganaway, representing Dairy Queen of Palm Beach, was read as follows: 5/s /5o / City Manager Black was instructed to advise Ganaway that permit for a Dai~yQueen building could not be approved at this location unless all zoning restrictions as to the size of the building, were complied with. The meeting then adjourned. ( S igne d ) Ruth R. Smith City Clerk AP P ROVED: Mayor