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08-08-50 August 8th, 1950 Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:50 P. N. with Nayor John N. Kabler, City Attorney John Noore, Cith Manager Chas. E. Black, and the following Councilmen present: R. J. Holland, W. A. J~cobs, Walter A. Roth, and J. L. Saunders, a quorum being pres ent. Councilman Jacobs objected to the last sentence in the second paragraph on Page 5 of the minutes of July 28th, pertain- ing to the._agreement of the Council to enforce the front set-back requtrementof 10' for new buildings on Atlantic Avenue. By consent of the Council this sentence was stricken, and the min utes of that meeting were approved. An application for permit to erect two car ports, filed by C. N. Johnson, owner of Lot 1. Block F. in the Village, was presented by City Manager Black, who explained the car ports would be constructed of pipeS, covered with awnings, and could be taken down in case of a storm. Nr. Johnson p~nned,:~to erect one on each side of his building,~ They would be entirely on h~s property but would not comply with side set-back~ requirements, although there were no buildings on either side with which they would int erfere. After consideration, a motion was made by Councilman Saunders, and seconded by Councilman Holland, that a temporary permit be granted for the erection of two car ports as requested. Upon call Of roll the motion carried unanfmously. Mr. Garland Thayer, a builder of a house on. N. E. 8th Street and 2nd Avenue, located on Lot 27, Block ll, Dell Park, appeared before the Council to protest the assessment of this building on the 1950 Tax Roll, as he claimed it was not finished until January ~.~, 1980, when the F'. H. A. passed on the building as completed and ready for occupancy. City Manager Black explained that the final electrical inspec- tion had been made in November of 1949, and the Inspector had report- ed at that time that the building was completed. Mr. Black further explained that the Building Department is setting up a term for construction of buildings, and asking the builder to obtain an extension to his permit if the building is not completed by a fixed date. The Building Department will also issue on Occupancy permit, which will be a final check on the compleX; tion. Mr. Thayer was asked to furnish the Council with a copy of the FHA completion report, and also a ststement of the items that were unfinished on January 1st, 1980, before any action can be taken. Mr. Garland P. Thayer, on behalf of the Police Benevolent Association, inquired as to the status of the land on which their · .~ building is located, in Section 18. He was advised by the City Attor~. ~ ney that about 1/10 of an acre of this land lies within the Lake Worth Drainage District, and the remaining 14 1/10 acres, on which the Police building is located, is owned by W. S. Carper. He sug- gested that the Police Benevolent Association negotiate with Mr .Carper, or his Attorney, Mr. L. H. Brannon. Mr. Ralph Hughson, Building Insped tot, presented an app- lica$ion for building permit, filed by 0. D. Priest Jr., for construction of a Theater Building on West Atlantic Avenue, between 6th and ?th Avenues, in the south one-half of Block 12, and stated that the plans and specifications were in order and set-backs would be complied with. City Manager Black, However, advised the Council that the building would abutt the street right-of-way if 7th Ave., is ever opened through to Atlantic. Ave., A motion was made by Councilma~:.Saunders, seconded by Councilman Roth, that permit be approved, subject to final approval of the Building Inspector. Upon call of roll the motion was carried unanimously. Report of the Youth Center Program for the fiscal year 1949 -1950 was filed as follows: YOUTH CENTER PROG~ City of Delray Bezch, Florida. Report of the Fiscal Year of 1949-S0. FORWARD: This report is not designed to cover the Mouth Center program in detail, but is a brief outline of the activities during the fiscal year, accompanied by an estimate of next year's budget.needs. SCHEDULE: The Center's schedule during the past year has Men- erally called for 21 to 24 hours a week while s~hool is in session. During the summer months it is oper- ating 33 hours a week. These hours are, of course, flexible, as special activities such as dances and mov es necessitate extending the time on various occasions/ All school recognized holidays are also noted and there is a demand that the Center is open. ATTENDANCE: Anew registration of all teen-agers was initiated during Ju~e. At present there are approximately 200 registrants.This is a considerable increase over last year's registration. The average daily attendance has been in the vicinity of 70-.~5 with special affairs drawing from 89-160. Looking at the all-over picture, there has been a steady growth in attendance and interest through~ut the year. ACTIVITIES: The basic program includes participation in 10 or 15 table games, dancing, table tennis, movies, golf, swimm~ ing , baseball, soft ball, basket ball, boxing, record playing reading and other miscellaneous activlties.D~ring the summer months the County Recreation representative, Coach Frump, coordinated the county program with the Youth Center. This wor~ed very success fully and was beneficial to both programs. The Youth Council has played an important part in the planning and carrying out of many of the Center's a ctivities and s~ial affairs. EQUIPMENT: The efficiency of the program has been greatly im- proved by the addition~and replacement of various equipment throughout the year. The following were some of the more im- portant items purchased or contributed : Four Foot Crosley deep freeze unit ( used for ice cream and cana. y); 12 Case CocoCola vending machine; Stromberg Carlson console radio, (contributed) athletic equipment; RCA 45 RPM record player tc use in con- Junction with amplifying system: and records. LK~DERSHIP: The administration of the program during the past year has been under the direction of three directors: Maurice W. Squirrell, Mrs. Dick McMurray and James Fletcher, the present director. Mrs. Jerri Frump is assistant director. Mrs. Frump and mr. Fletcher both have had teacher training and experience on the field of handling youth. Mr. Whitney Powers of West Palm Beach is employed as Tennis professional and holds a tennis clinic once a week. FINANCES: Between the time of Mr. Squirrells resignation in January and the employment of Mr. Fletcher as Director in April, the centerwas under the direction of Mr. McMurray, assistant director. This limitation on personal resulted in the saving of a considerable sum which had been allocated in the budget for salar ies. It is reflected in an estimated three hundred dollar sum which will be reamining in the budget at the end of the present fiscal year. SUmmARY: Youth particitation in the Center's activities has been very gratifying and the steadily increasing interest ~n the programis indicative of its success. Those who ha~e been actively en gaged in the supervision of the Center express their appreciation to the City Council, Mr. Black, the City Manager, and otherswho have so cooperative in assisting them in carrying out the mots successful program. The Council-appointed youth recreation Committee feels that much progress has been made in this, the second, year of the cites youth recreation program and looks forward to the continued success of this community pro,lect. It was the hope of the commt~tee that the program might be expanded next year to meet the needs of lower age groups and that the problem of more adequate and suitable quarters for the program be considered by the Council. However, in view of present unsettled world conditions and increased demands for funds for other vital city projects, the committee now feels that it is wiser to continue operation of the program on much the same basis as in the past two years. The Attached estimated budget for next year has, thereforg, been drawn for what the committee feels is the absolute minimum requirement for operation of the program. It is $500.00 less than the total amount budgeted for this year. 8/8/5o Respectfully submitted, Marion N. Brown, Secretary DELHAY BEACH YOUTH RECREATION ~0~ITTEE Marshall ~_miltom, Chairman Mrs. John I. Thieme Mrs. E. B. Nocols A1 Avery ERAFT OF PROPOSED BUDGET FOR FISCAL YEAR 1950-51 Leadsrship . Center Director 9 Months @ $ 150. $ 1,350 3 " " 200. 600 Assis tand Director 12 " " 100. 1,200 Equipment, MateriAlS and SU~pli.es 400 ' cente~ 8~me's, ~r'~pair and replacement, radio phono equipment, office supplies, and misc. . ~M, ovi es_:~ 350/ Film Rental and operating e~pense Dances and Misc Entertainment 600. ,, - TOTAL BUDGET $ 4,500. The Council agreed to consider the appropriation requested when making up the budget for the coming year. The following telegram from Dorothea Galvin, pertaining to occupational license fee for a Branch Real Estate Office, was read~. "Request consideration and reduction in license fee be given branch Real Estate office. Present fee same as main office. County makes no charge for branch office." No action was taken on Miss Galvin§ request, as the Council felt that a branch office constituted a separate business and should be licensed the same as the original office. The following letter from Jack Carver was then read: "Mr. Chas. E. Black City Manager Delray Beach, Florida. Dear Sir: I am writing you in 2eference to the possibilities of securing a lease on a small tract of land on the City Wa~er Plant Property. I desire this land for the purpose of erecting a small asphalt plant for making cold mix cement. The plant itself is small, and mounted on wheels, where it could be moved on short notice. I would appreciate your bringing it before the City Council, and if agreeable to lease me the property, what the rate would be. I would like an area of ab out 100' by 150t. Bile I fe~l sure there wouSd be no complaints for the residents nearby, I would be willing, if given the lease, to vacate the property on fifteen days notice. Thanking you for your consideration, I am Very truly yours, (Signed) Jack E. Carver" City Manager Black explained that this operation would not interfere with the Water Plant functions, but the property is surround edby residential property, and there might be objections. No action was taken by the Council on the request. A letter from Anderson & ~a~'~, Inc., with reference to the encroachment of an apartment building located on Lots 3 and 4, Blockl04, on an alley west of the building, was read,as follows: Mr. Charles E. Black August 2, 1950 City Manager Delray Beach, Florida. Sub~.e0t: Encroachment building belonging to Leslie T. Plautz and Georiga E. Plautz located at 306 S. E. 5th Ave., Delray Beach, Fla--s~td encraachment into alley west of this property shown on attached Location Survey. In connection with the re-financing of the above property of Mr. and Mrs. Plautz we find the above condition as you will note from the Location Survey. We are Mortgage Loan Correspondents for Acacia Mutual Lif Insurance Company, of Wash- ington, D. C. and they require Title Insurance on all Real Estate on which we place mortgages. Since this slight encroachment constitutes a matter to which the Title Compauv would have to take exception in their Title Policy we would &h~atly appreciate it and I ~.~n~w Mr. and M~s. 8/8/50 Plautz would also, if your Honorable City Commission would pass a motion at their next regular meeting with regard to the specifi fic piece of property and the encroachment; said motion to be worded a as follows: "That the encroachment may c~ntinue so~ long as said building exists in its present location and u~it the removal thereof or substantial alterations therein along the lines of said encraochment, in which event the building shall be confined with in the lot lines." Although we have quite a number of satisfactory mortgage clients in Delray Beach I believe this is the first time we have hsd to ask ~he cooperation of the city authorities in clear- ing up an encroachment of this k~nd. We have had the same type happen in West Palm Beach, Palm Beach and Lake Worth and we have found the City authorities always willing to give us this cooperat ion. As we remember it the encroachment referred to here~t~ goes out into an alley that is not paved. We note from the map that the alley is 16 ft. and therfore should this alley ever be paved there would still be ample room for vehicles to pass. V[hen the above motinnhas been recorded in the Minutes of the Meeting of the City Commiss.~on please send us a copy of the motion stating that it is as excerpt from the City Comm- ission meeting of the date ha.Id and certified to by the Clerk o~ the City of Delray Beach. Assuring you again of our appreciation of your cooperation and that of the Honorable City Commission of Delray Beach, we are, Yours very truly, (Signed) Anderson & ~arr 0. B. Cart-President A motion was made by Councilman Holland that the request be denied, Councilman Roth seconded the motion. City Attorney Moore suggested that the encroachment be allowed to continue until the City Council, at some future time, deems it advisable to remove it~ in view of the fact that the allley has not been opemed. Cauncilman Roth and Holland then withdrew their motion, and made the following amended motion- "That the encroachment may continue so long as the said building exists in its present location and until the removal thereof or substantial alter~ ations are made therein along the lines of said encraochment; or until such time as this or any future City Council of this City shallddeem it advisable that said encroachment shall be removed." Upon call of roll the amended motion carried unanimous ly. · he following Resolution was then introduced: RESOLUTION NO. 768 WHEREAS, the apartment building owned by Leslie T. and Georgia E. Plautz, located on Lots 3 and 4, Block 104, known as 306 S. E. §th avenue, City of Delray Beach, Florida, encroach- es stightly on the alley in the rear of said building, and WHEREAS, this alley has been dedicated, but as yet has not b~en opened for public use, N0~¥, THEREFORE, BE IT RESOLVED bN the City Council of the City of Delray Beach,Florida, that said encraochment may continue so long as said buitding exists in its present location and until the removal thereof or substantial alterations are made therein along the lines of said encroachment; or until such time as this or any other future City Council of this City shall deem it advisable that said encroachment shall be removed. Passed in regular session on this the 8th day of August, 1950. ( Signed) John N. Kabler M~yor ATTEST: Ruth R. Smith City Clerk SEAL Upon motion of Councilman Holland, seconded bN Councilman Roth, and unanimously carried, the Foregoing Resolution No. 768 was passed and adopted as read. A report from the Colored Youth Recreation Association, together with their tentative budget for the coming year, were read as follows: Teentown Community Center Naciremas Club Box 1813 Delray Beach, Florida. 31, July, 1950. Office of the City Manager City of Delray Beach, Delray Beach, Florida. Attention of Mr. C. E. Black, City Manager May We express our thanks and appreciation to,you, the City Council and all the administrative officials of the City for the aid you have and are tendering us in recreation. The $ 2400.00 given us for program in 1949 and the more than $ 3300.00 given us for building Teentown, along with the five acre tract dedicated us for a park for our use, have mere than given us a start in improving the recreational and civic life of those who live in our area. The operation of Teentown, since its official opening and use 19 June, along with the more than $ 500.00 spent by the Naciremas in furthering the completion of the center- erect- ing a concrete floor for the front porch, labor costs for putting on the siding, a~c., coupled with the fact that such operation must continue until such a time as the funds from the City come in, have put a serious strain on on our program and financeS. We have kept the plac~ open and have conducted and are trying to carry on a fitting ba~ improperly supervised program, due to lack of funds and a regular worker to supervise and plan the pro- gram, Indeed, it has been only through the special assessment of the Club Members that the program has succeeded as well as it has. We will continue to assess ourselves, for we know that the cal- ibre of leadership andthe type of program we are trying to provide merit the continued support of the city. With the above considerations, we are herewith submitting our budget for the coming fiscal year, which applies only to yhe operation and improvement of Teentown. However, we would ap- preciate your especial consideration of beach and bathing facilities for our group. This is a matter of urgent momen$, now that the beach facilities, heretofore enjoyed by us , are denied to us. Respectfully yours, The Naciremas Club. (Signed) C, Spencer Pompey, President Budget for operation and Improvement of Teentewa~.Community Center. October 1st, 1950 --September 30, 1951. MAINTANANCE: $ 570.00 Janitorial Service $ 300.00 Light & Water 150.00 Janitor Supplies & Toilet Supplies 120.00 PROGRAM AND OPERATION ~208.00 Salary for Worker 1200.00 Program Supplies 520.00 Weekly Films 416.00 Repairs & Inciden- tals 72.00 CAPITOL OUTLAY & IMPROVEMENT 1260.00 Ceiling of Center & Erection of top & screening of front porch s/s/so $ 500.00 Roofing of Center lS0.00 Water Cooler (Electric) 260.00 Building & surfacing of two tennis courts 350.00 TOTAL $4,038.00 Teentown COmmunity Center Management Committee S. D. Spady, Chairman C. Spencer Pompey, Executive Secty. Upon motion of Councilm~n Saunders, seconded by Councilman Jacobs, and unanimously carried, the report was accepted, and the Council agreed to consider the request for appropriation at the budget meeting. CLty Manager Black presentes a letter from the Gulf 0il, Corporation, pretesting the 1950 Tax valuations placed on their personal property in this City, which letter was read as follows: June 23rd, 1950 Mrs. Alice Deaderick Tax Assessor, 1950 Tax Assessments City of Delray Beach, Gulf 0il Corporation. Florida. Dear Sirs: This is to acknowledge receipt of your confirmantion of our tax assessments for 1950. First, we would like to adwise that we are no longer re- sponsible for payment of taxes on this service station property located at Atlantic Avenue and Blackmer Avenue described as N. 75' of W. 135.5 ft. of Block 29. Our lease on this property was cancelled as of July 14, 1949, and we are not responsible for taxes after that date. According to ou~ in- formation, Mr. M. M. May should pay taxes at this location. With reference to the personal property assessmentof $ 2,200, we wish to file protest against this assessment for the following reasons: 1. The appraised values are not consistent with cost of equipment of todays prices. They exceed actual cost. 2. The assessed values do not represent true full cash values. 3. The adjustment to nearest $ 100 should be made on total assessment and not on each location of personal property. Our personal property returms for 1950 in the amount of $990 was based on the Indiana Price Schedule which is widely used by taxing authorities for assessing this type of property. For your information, in recent years private appraisal engineering firms have scientifically established slightly higher assessmentson leased equipment than represented by the IndianaS~hhdule. The following appraisal firms have established the listed price on the items of equipment enumerated below: TYPE EQUIPMENT Geo. C. Ehrenborg C.M. Cleminshaw FULL VALUE Full Value Computer Pump $ 90.00 $~ 110.00 Lifts Roll-on 150.00 150.00 1/2/ Horse Power Air Compressor 50.00 45.00 l~ H. P. Air Corn- pres s or 100. O0 100.00 Grease Rack 25.00 30.00 These values were decided on after these firms spent considerable time in making a scientific survey into actual cost of equipment and the resale value of same. Your assessment on underground tanks were acceptable to us as they more nearly represent the full cash value than any of the other equipment itBms enumerated in our returns . We would like to point out that in the assessment for equipment for U. S. Highway No. l, you have listed two 30- gallon lube containers and other miscellaneous equipment for an appraised value of $ 300.00 Also, that with the other service station, you have included with one grease rack, o~her miscellaneous e~uipment at $300.00. We wish to advise that we do not own any miscellaneous equipmqnt at these locations. Any containers, Transmission Guns or miscellane- ous equipment is owned by the Dealser. Therefore, our return of $ 20.00 for the two 30- gallon Lube Containers and for $ 25.00 for the Grease Rack, should be the correct amount to use in this instance instead of the $ 300. listed for both locations. Your appraised value of $ VS0. for a Lift is entirely out of line, inasmuch as we can purchase Lifts today at $377. each. Grease Racks can also be purchased for $67.50. We formally request th~ at you present this appeal to the Equalization Board for their proper consider ation , as we feel that the $ 2,200 assessment, placed against our equipment, should not exceed $ 990. Yours t~uly, (Signed) C, T. Annandale Tax Manager. Mr. Black felt that the values placed on the 1950 Tax Roll were n not inconsistent with today's prices. They wets arrived at in accordance with price schedules set up by the Equalization Board, and their assessments are in line with all other Companies. Upon advice from the City Attorney that the City is obliged to assess on the basis of cash value, not on their book value, a ~otion was made by Councilman Roth, seconded by Councilman JacObs, that the request be denied. Upon call of roll the motion carried unanimously. As required by the City Charter, City Manager Black pre- sented a tentative budget for the coming fiscal year, outlining certain changes which would have to be considered by the Council., and a budget meeting was scheduled ?t'o be held on Thursday August 10th, at 7:30 p. m. to go over the proposed budget in detail. Mayor Kabler explained thmt $ 2,000.00 -- $3000.00 could be set aside for revenue from the sale of Golf Course Revenues Certificates, to be used for lot cleaning, and appointed a Committee consisting of Councilman Saunders and himself to go over the City and pick out lotsbadly in need of cleaning. He also suggested that a policy be set up to do this work by con- tract instead of with City crews. Application for permit to erect an awning car shelter, filed by WM. B. Taylor, owner of the Caravel Arms Apartments, located at 719 N. E. 1st Street, the shelter to consist of pipe framework with an awning top, was presented by the Building Inspector. Upon motion of Councilman Saunders, seconded by Councilman Roth, and unanimously carried, temporary permit was granted as requested, subject to approval of the Building Inspector. An application for permit to alter and extend the buliding located on Lots 17 and 18, Bloc~ llS, on the So, Federal Highway, filed by Breland's Garage, to provide a grease rack and washrooms on the south s~de of the building, and extend the canopy over the pump islands for the same distance, was considered. As the existing pump islands and canopy do not meet front set-back requirements, these additions would be altering a non- conforming building, and a motion was made by Councilman Roth, seconded by Councilman Holland, that this application be referred to the Zoning Board for recommendation, upon payment of the required fee of $ 5.00.. Upon call of roll the motion carried unanimous: ly. An application for permit to construct a 14 room Hotel building on Lots 6~%- 10, inclusive, B~.k l, Ocean Park Subdivision, filed by John N. Kabler, was presented by the Building Inspector, who stated that the plans showed all set- backs in compliance with zoning regulations, Upon motion of Councilman Roth, seconded by Councilman Holland, and unanimously carried, permit was approved, subject to the final approval of the Building Inspector. The Clerk presented proof of publication of a notice calling for objections to the confirmahion of Assessment Roll on the paving of N. E. 6th Street, from 8th Avenue to Palm Trail, and N. E. 8th Ave., fromN. E. 5th Ave., to N. E. 8th Street, which proof was spread upon the minutes., as follows: LEGAL NOTICE. All permonsYWh~o may be interested in the property affected by the Assessment Roll as set forth below are hereby notified that the City Council of the City o~ Delray Beach, Florida, has examined said Assessment Roll, and that said City Council will sit on the 8th day of August,195.0, in the Council Chambers in the City Hall of the City of Delray Beach at 7;00 p. m. for the ~®a~&aE purpose of hearing objections to said Assessment Roll. ( Assessment Roll in full appears in the Minutes of July, ll, 1950) AFFIDAVIT OF PUBLICATION DELRAY BEACH NEWS Published Semi-weekly Delray Beach, Palm Beach, County, Florida. STATE OF FLORIDA PALM BEACH COUNTY Before the undersigned authority personally appeared Merrttt B, Hilliard who on oath says that he is General Manager of the Delray Beach News, a semi-weekly newspaper published at Delray Beach, Palm Beach County, Florida: that the attached copy of advertisement, being a Assessment Roll in the matter of Construction, grading and paving of N. E. 6th Str., in the Court, was published in said newspaper in the issues of July 20 and 27. Affiant further says that the said Delray Beach News is a newspaper published at Delray Beach, in said County of Palm Beach, Florida, and that said newspaper has heretofore been continuousl published in said Palm Beach County, Florida, each week and has been entered as second class mail matter it the post office in Delray Beach, in said Palm Beach County , Florida, for a period of one year next preceding the forst publication of this attached copy of advertisement; and affiant further says that he has neither paid nor prom- ised any person, fir~ o~ corporation any discount, rebats, commission or refund for the purpose of securing this adver- tisement in the said newspaper. ( Stgned) Merritt B. Hilliard Sworn to and subscribed before me this 18th day of August, A. D. 1950. (Signed) Neil E. MacMillian ~'ota~y Pub'lic, gate' of Florida at Large, My commission expires Oct. 31st, 1953 Bonded by Mass. Bonding & Insurance Co. Objections were called for in accordance with the above notice, but none were received, whereupon the following Ordinance was presented for first reading, and same was read in full: AN ORDINANCE OF THE CITY COUNCIL OF THE CTTY OF DELRAY BEACH, FLORIDA, LEVYING 2HE ASSESSMENTS AS SHOWN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY ENGINEER OF SAID CITY CONCERNING THE IMPROVEMENTS BY GRADING~, CON* STRUCTION AND PAVING OF N. E. 6TH STREET FROM N. E. 8TH TO PALM TRAIL, AND N. E. 8TH AVENUE FROM N. E. §TH STREET TO N. E. 8TH STREET. ~ motion was made by Councilman Saunders, seconded by Councilman Roth, that the fo~going Ordinance be placed oK first reading, and upon call of roll, the motion carried unanimous ly. The following Ordinance to amend the Occupational License Ordinance was then brought up by the City Attorney for first reading, and same was read in full: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE G-11, AS AMENDED , OF CHAPTER III OF THE CITY CODE OF THE CITY OF DELRAY BEACH, FLORIDA PERTAINING TO BUSINESS, PROFESSIONAL OR OCCUPA* TIONAL LICENSES IN SAID CITY, AND FURTHER PRO- VIDING A REPEALING CLAUSE. City Attorney Moore explained that a Municipality can not levy a tax on a Company engaged in foreign and interstate commerce, such as the Southern Bell Telephone Co. and the Western Union. However, this Ordinance provides for a license fee covering their intrastste businessonly. 8/8/ o Upon motion of Councilman Roth, seconded by Councilman Holland, and unanimously carried, the Foregoing Ordinance was placed on first reading. An Ordinance to amend Ordinance No. G-§8, pertaining to penalty to be charged on delinquent occupational licen- ses, was brought up fpr first reading and same was read in full as follows: AN ORDINANCE OF THE CITY COUNCIL 0F THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION ~ OF ORDINANCE G-88 BY PROVIDING A PENALTY OF TEN PER CENT OF THE COST OF SAID OCCUPATIONAL LICENSE IF THE SAME IS NOT PROCURED WITHIN FORTY-FIVE DAYS FRON THE TIME SAID LICNESE BECOMES DUE. Councilman Jacobs objected to the 10% penalty for a period of 48 days, but after consideration by the Council a motion was made by Councilman Roth, seconded by Councilman Saunders, and unanimously carried, that the foregoing Ordinance be placed on first reading. Councilman Jacobs then brought up the question of abol- ishing the penalty charged on water bills after the 10th of the month. He claimed that the cost of keeping accounts of penalties due would amount to as much as the penalty, that it was not legal, and he did not think it could be collected. The Council,discussed the possibility of raising water rates, to be in line with surrounding cities, and then abol- ishing the penalty chargeon delinquent bills, and the City Manager was instructed to obtain water rates charged by nearby Towns as comparative figures. A request made by Mr. Clifford Baker, for the installation of a street light at the corner of S. E. 4th Street and 7th Ave., was referred to the Street Light Committee for investigation and report at the next meeting. A petition to changethe name of N. E. 9th Avenue to Banyan Road, signed by twenty-five property owners, was filed. Councilman Jacobs was in favor of maintaining the numbered Streets and Avenues, while the other Councilmen favored changing the name to Palm Trail rather than Banyan Road, as it practically connects with Palm Trailnorth of 5th Streeh. The City Manager was a~ked to contact the signers of this petitionand ask them to re-petition the Council to change the name of N. E. 9th Avenue to Palm Trail. An appraisal from the Realty Board, regarding the ten acre tract of land owned by the City of Delray Beach, which lies Just south of 'the City limits, fronting on the Canal and running west across the Federal Highway, was read as follows: 8/8/50 DELRAY BEACH BOARD OF REALTORS Delray Beach, Florida. August ?th, 1950 Mrs. Ruth R. Smith City Clerk Delray Beach, Florida. Dear Mrs. Smith: In response to your request of July 26, asking the Delray Beach Board of Realtors to appraise the tract of land south 'of the City Limits running from the Canal to S. E. 4th Avenue, an appraisal has been made by four members of the Board of Realtors, as follows: Tract l: That land east of the Highway- $ 12,500 Tract 2: " " west of the Highway- 5t000 $ 17,500 The Appraisal Committee also recommended that this land be taken into the City Limits prior to sale, so that the City may receive tax benefits on improvements placed thereon. The Committee also recommended that the property be carefully zoned prior to sale. If the property is not taken in to the City Limits the Committee urges that the restrictions be placed on the property prior to sale. Respectfully, ( S igne d) W. H. Sweet, President City Attorney Moore advised the Council that a release should be secured from the Veterans of Foreign Wars on that portion of this land which the City leased to them in 1947, before any disposition is made of the property. A motion was then made by Councilman Roth, seconded by Councilman Jacobs, that the Council consider a lease , but not a sale, of the property. Upon motion of Councilman Saunders, seconded by Councilman Jacobs, and unanimously carried, the City Attorney was instructed to start legal proceedings to annex this land in the City Limits. A letter from M. Henry Gordon, with reference to the drainage situation on N. E. 2nd Avenue, especially near the Delray Machine and Supply Co., was read as follows: 8/8/50 August 7, 1950 Mr. C. E. Black City of Delray Beach, Florida. Dear Mr. Black, Your attention is respectfully called to the situation which develops on N. E. 2nd Avenue,with particular reference to that part immediately in front of the Delray Machine & Supply Company, whenever there is an ~ordinate amount of precipitation. Prior to the paving of N. E. 1st S~e~, from N. E. 1st Avenue to N. E. 2nd Avenue, and the laying of gutters there- in, the water~:frequently rose high but did not reach the front door of my establishment. Now, However, my situation is much more seriousas, after a heavy downfall of rain, the water rises to a point where it actually impede~ front entrance traffic and threatens to flood the interior of the shop. I am at a loss to understand why no provision was made for drainage when the aforementioned paving of N. E. lst., was done. Irz view of this seeming negligence I am forced to advise you that I will be forced to hold the City of Delray Beach responsible for any damage that may occur to the building or contents thereof due to high water conditions that result from inadequate drainage. Very truly yours, (Signed) Henry L. Gordon President The letter was ordered filed, as the drainage of N. E. 2nd., Ave., is the next project on the priority list for ira- p rovement s. A letter from Frank M. Seely, Agent for the owner of the building in which the Civilian Defense office is located, at the corner of East Atlantic Avenue and S. E. 7th Ave., was read. Mr. Seely asked that some assurance be given the owner of the property that the City will assume all liability in connection with this office while located on his property. The City Sttorney was instructed to work out an arrange- merit with Mr. Seely to protect the owner of the property while it is being occupied by a City office. Upon motion of Councilman Roth, seconded by Councilman Holland, and unanimously carried, bills totaling $ 2, 678. 57 were approved ~r payment, after approval of the Finance Committee. The meeting then adjourned. (Signed) Ruth R. Smith City Clerk