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08-22-50 August 22nd, 1950 Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 p. m. with Mayor John No Kabler in the chair, and City Attorney John Moore, City Manager Chas. E. Black, and the following Council men present: R. J. Holland, W. A. Jacobs, Walter A. Roth, and J. L. Saunders a quorum being present. The minutes of the Council meeting held August 8th were approved as written. Councilman Saunders, at the request of R. B. Puckett, Realtor, asked the opinion of the Council as to leasing the ten acre tract of City owned land south of the City Limits, fronting on the Canal, on a long term lease, the Lessee to develop the land for a Yacht Basin. Mr. Saunders stated that in his opinion, if the Council is willing to lease the land it should be submitted to all Realtors in the City, to be leased under certain terms and conditions. After discussion by the Council that matter was referred to the Fact Finding Board for recommendation as to the ter~ of lease, price to be asked, and manner in which it should be presented. A resolution locating the west right-of-way line of that part of Ocean Boulevard abutting Lot l, Block l, Ocean Park, submitted by Attorneys Byrd & Whitley for their clients Frank and Ethel Prinn DeRice, was presented for approval by the Council, ~ '~ before being executed by the property owners. As heretofore the precedure has been for the property owner to present an executed resolution to the Council for approval a motion was made by Councilman Saunders, seconded by Councilman Holland, and unanimously carried, that the resolution be duly executed by the property owners, and then brought to the Council for adoption. Mr. John C, Freeman, local Manager of the Southern Bell Telephone Co,, appeared before the Council to pro~est the pro- posed increase in their Occupational license fee from $ 50.00 to $ 350.00. He claimed that such an increase was not fair nor Justified, and not in line with fees charged for other businesses. Mr. Freeman explained that the Telephone Co., was trying to keep rates low, furnish as many phones as possible, give good service, and pay their share of taxes, but he would like to be able to justify to their customers that they were paying a license fee c~nparable with other businesses. He asked the Council to c~nsider an adjustment of the proposed license fee. After consideration of other licen se fees, the Council felt that the proposed figure was too high in comparison-with fees charged other Companies, and it was agreed to reduce the proposed charge to $ 200.00 Mr. B. W. Schwetzer, District Manager of the Western Union Telegraph Co. also appeared before the Council to protest the proposed increase in their Occupational license fee from $ 25.00 to $ 200.00. He stated that their annual volume of Intrastate business would not exceed $ §,000.00, and he presented a schedule of license fees charhed by other cities of comparable size in the State of Florida. which showed the license fee char~ed to be about 1~% of their annual Intrestate business. He claimed that in view of the amount of business which his Company d~ in the City, and in compar- ison with fees imposed on other utilities, their license fee should nat be over $ 75.00. The Council considered Mr. Swetzer's protest, and a majorlt~ of the members agreed to reduce this proposed fee to $ 75.00 as requested. W. Spencer Pompey, a teacher at the Carver High School, appeared before the Council with reference to using the Colored Community Senter as a Class room during the coming school term. He stated that this would not interfere ~th the Youth Recreation program, and that the County School Board would pay the City for the use of the building, and furnish Janitor service. Mr. Pompey was requested to contact the School Board to determine Just what arrangements they would be willing to make, and report back to the Council. City Manager Black advised the Council that he had received an offer to lease one of the locker rooms on the east side of the Swimming Pool building, to be used for a shop, 2or possibly $ 75.00 per month, for one year, the Lessee to do the remodeling work necessary and deduct the cost from the rent. Mr. Black explained that the two locker rooms on the front of the building were not being used, and could be converted into store spaces, but he didi not feel this expenditure was warranted by the City at this time. Mr. H. B. Adams, from the audience, ~ffered to pay the City $ 1200.00 for a one year lease on one of the spaces, for a Real Estate office, and make all necessary alterations. Upon advi~e form the City AttoEaey that these rooms could not be leased by the City without advertising for bids, the matter was referred to the Fact Finding Committee for recom- mendations. A petition to change the name of N. E. 9th Ave., from 2nd., Str., to 5th Street, to Palm Trail, signed by property owners affected, was filed, and after consideration by the Coun~u .... cil the City Attorney was ~ustructed to prepare a reso- lution making this change, as requested. A request for a street light on the Corner of S. E. 4th St., and 7th Ave., filed by Clifford Baker, was approved upon motion of Councilman Saunders, seconded by Councilman Roth, ~ndunanimous- ly carried. No action was taken on the request of Mr. Baker for the paving of S. E. 4th Street from the Federal Highway to S. E. 7th Ave., City Manager Black explained that street roght-of -way had been dedicated on 4th Street, and only one-half of the right- of-way on 7th Avenue. He suggested that the property owners dedicate the balance of the right-of-way needed, and then ask the Council to consider paving this Street. With reference to Distributor's refund, on unused Punch Board stamps, City Nanager Black explained that Punch Boards were~not ~.now in use, having been declared illegal, and they were asking for a refund on stamps they had purchased. A motion was made by Councilman Roth, seconded by Councilman Saunders, that money paid for unused punch board stamps be refunded. Upon call of roll the motion carried, Councilmen Holland, Kabler, Roth and Saunders voting in favor of the motion, and Councilman Jacobs opposing. Councilman Jacobs explained his vote by stating that he felt the Distributors of Punch Boards should take their loss, as it was a speculative business on their part. Proof of publication of notice calling for objections to the confizm~ation of assessment roll on N. E. 1st Street Paving Improvements~ was read and spread upon the minutes as follows: LEGAL NOTICE All persons who 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 of Delray Beach Florida, has examined and approved said Assessment Roll, and that said City Council will sit on the 2~d day of August, 1950, in the Council Chambers in the City Hall of the City of Delray Beach, at 7:30 p. m. for the purpose of hearing objections to said Assessment Roll. ( Copy of Assessment Roll appears in full in the minutes of July 25th, 1950.) AFFIDAVIT OF PUBLICATION Delray Beach News Published semi-weekly Delray Beach, Palm Beach County, Florida. STATE OF FLORIDA COUNTY 0P PALN BEACH Before the undersigned authority personally appeared Nerritt B. Hilliard who on oath says that he is the General Nanager 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 ASSESSNENT ROLL in the matter of Construction, grading and paving of N. E. 1st St., in the Court, was published in said newspaper in the issues of August 3 and 10. Affiant further says that the said Delray Beach News 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 County of Palm Beach, 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 nor promised any person, firm or corporation any discount, rebatgz~commission or refund for the purpose of securing this advertisementfor publication in the said newspaper. (Signed) Merritt B, Hilliard Sworn to and subscribed before me this lSth day of August, 1950 (Signed) Nell E. MacMillian Notary PubliC, State of Florida at Large. My CommiSsion expires 0ct. 31st, 1983. Bonded by Mass. Bonding & Insurance Co. As no objections were received, the following Ordinance was brought up for first reading, and same was read in full: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA , LEVYING THE ASSESSMENTS AS SHOWN BY THE ASSESSMEA~ ROLL SUB- MITTED BY'BY TP~ CITY ENGINEER OF SAID CITY, CON- CEPJ~ING THE IMPROUEMENTS BY GRADING, CONSTRUCTION, AND PAVING OF N. E. 1ST STREET FROM N. E.1ST AVENUE EAST TO THE RAILROAD(FEC) Upon motion of Councilman Roth, seconded by Councilman H~lland, and unanimously carried, the foregoing Ordinance was placed on the first reading. Hearing for objections to the paving of N. W. Lst Street, from N. W. Sth Avenue to N. W. 8th Avenue was held. No,objections were filed, to this proposed Improvement, whereupon the following Resolution was introduced: RESOLUTION RESOL~ION OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE CITY NANAGER TO PROCEED WITH THE CONSTRUCTION 0F CERTAIN STREET IMPROVEMENT WORK ON N. W. 1st STREET, FROM N. W. 5TH AVENUE TO N. W. 8TH AVENUE. WHEREAS, the City Council of the City of Delray Beach, Florida, did on the 25th day of July, 1950, determine tp proceed with the grading and the paving of N. W. 1st Street, from N. W. 5th Avenue to N. W. 8th Avenue, to a width of twenty- two feet, (22') and NHEREAS, the Resolution providing therefore has been duly published as required by the City Charter, together with a notice of publication that objections to said improve- ment would be he~rd on this date, and WHEREAS, no objections have been made to such proposed improvement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that the City ~lanager be and he is hereby instructed to proceed with the grading and paving of N. W. 1st Street, from N. W. 5th Avenue to N. W. 8th Avenue, to a width of twenty-two(~2) feet, according to the plans and specifications heretofore filed with the City Clerk, and a copy thereof filed in the office of the City Engineer and kept open for the inspection of the public. PASSES in Regular Session on this the 22nd day of August, A. D. 1950. (Signed) John N. Kabler "~ayor ATTEST: Ruth R. Smith 'C'ity 'Ole~l~ SEAL Upon motion of Councilman Jacobs, seconded by Councilman Holland, and unanimously carried, the foregoing Resolution No. V69 was passed and adopted as read. An Ordinance to annex certain land in Section 18, north of West Atlantic Avenue , was presented by the City Attorney, and read in full as follows: ORDINANCE NO. G -102 AN 0RDIIQANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENTS AS SH0~VN BY THE ASSESSMENT ROLL SUBMITTED BY THE CITY ENGINEER OF SAID CITY, CONCERNING THE I3~PROVEMENTS BY GRADING, CON- STRUCTION AND PAVING OF N. E. 6TH STREET FROM NE. 8TH AVENUE TO PALM TRAIL, AND N. E. 8TH AVENUE FROM N. E. STH STREET TO N. E. 8TH STREET. A motion was made b~ Councilman Jacobs, seconded by Councilman Roth, that the foregoing Ordinance be placed on first reading. Upon call of roll the motion carried unanimous- ly. An Ordinance to annex a ten acre tract of City owned land in Section 21, Just south of the City Limits, was then presented by the City Attorney, and read in full as follows: ORDINANCE NO. G-lO7 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PALM BEACH COUNTY, DECLARING ITS INTENTION TO ANNEX TO TtLE CITY OF DELRAY BEACH THE FOLLOWING DESCRIBED TRACT OR P~RCEL OF LAND LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LYING CONTINGUOUS TO THE CITY OF DELEAY BEACH, TO WIT: ALL OF THE LOTS NINE (9~ AND TWENTY- FIVE (28), OF BLOCK TWO ~2) and THAT PART OF LOT TEN (10), BLOCK ONE (1), LYING SOUTH OF THE EXTENSION OF THE SOUTH LINE OF LOT TWENTY-FOUR BLOCK TWO (2), AND THE NORTH EXTENSION OF THE SOUTH LINE OF LOT TWENTY-FIVE (9.8), BLOCK TWO~'(9) OF TP~E SUB-DIVISION OF SECTION ~l, TOWNSHIP 46 SOUTH, RANGE 43 EAST;PROVIDING THAT SUCH TRACT OR PARCEL SHALL BE ANneXED TO THE CITY OF DELRAY BEACH AT THE EXPIRATION OF FIFTEEN DAYS FRON THE FINAL PASSAGE OF THIS ORDINANCE; AND FURTHER PROVIDING THAT THIS ORDINANCE SHALL BE PUBLISHED FOR TWO CONSECUTIVE WEEKS AFTER ITS FINAL PASSAGE. A motion was made by Councilman Jacos, seconded by Councilman Saunders, that the foregoing Ordinance be place on first reading. Upon call of roll the zcotion carried unanimously. Upon motion of Councilman Saunders, seconded by Councilman Holland, and unanimously carried, the Clerk was instructed to deposit $ 8,000.00 of the Beach Disaster Fund with the First Federal Saving and Loan Association. The following Ordinance was then brought up for second and final reading, the same was read i~ full: ORDINANCE NO. G-lO9. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSM~ENTS AS SHOEN BY THE ASSESSNENT ROLL SUBNITTED BY THE CITY ENGINEER OF SAID CITY, CONCERNING T3rE IMPROVENENTS BY GRADING, CONSTRUCTION AND PAVING OF N. E. 6TH STREET FRO~ N. E. 8TH AVENUE TO PALM TRAIL, AND N. E. 8TH AVENUE FRON N. E. ~TH STREET TO N. E. 8TH STREET. WHEREAS, the City Engineer of the City of Delray Beach Florida, has, in pursuance to the Charter of said City, submitted to the City Council for approval, a report o£ the cost, and the assessment roll for the construction, grading and paving of N. E. 6th Street, fro~ N. E. 8th Avenue to Palm Trail, and N. E. 8th Avenue from N. E. 5th Street to N.E. 8th Street, and NHEREAS, said report and assessment roll were approved by the City Council in regular Session on the llth day of July, A. D. 1950,and WHERF~S, due notice concerning said assessment roll was given by advertisement by the City Clerk, in acCordance with the City Charter of sais City, for the purpose of hearing objections to'said assessment roll, and WHEREAS, no objections to the confirmation of the above assessment roll were filed, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION l: The assessments as shown by said assessment roll w~'ic~ is annexed hereto and made a part of, are hereby levied against the property shown and in amounts shown on said assess- ment roll, said assessments to be paid in ten equal annual installments, together with interest at the rate of 8% per annum, the first installment becoming due and payable on August 22nd, 1950, and on the 22nd day of August for the ensuing nine years; and said special assessment levied shall be a lien from the date the assessmentbecomes effective, upon the respect- ive lots and parcels of land described in said assessment roll, of the same nature and to the same extent as the lien for general City Taxes, and shall be collectable in the same manner and with the same penalties and under the same provisioin as to sale and forfeiture as City Taxes are collectable. PASSED in Regular Session on second and final reading on this the 22nd day of August, A. D. 1950. (Signed) John N. Kabler Nayor ATTEST: Ruth R. Smith C'ity Cle~ SEAL 1st Reading --- August 8th, 1950 2nd " " 22nd, 1950 Passed and adopted- August 22nd, 1950 A motion was made by Councilman Saunders, that the foregoing Ordinance No. G-102 be passed and adopted as read. The motion seconded by Councilman Roth, and upon call of roll carried unanimously. The meeting then adjourned to a Special Meeting to be held Tuesday, August 29th, at 7:30 p. m. (Signed) Rdth E& !:Smith City Clerk APP ROVED: Mayor