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09-26-509/25/50 SEPTEMBER 26TH~ 1950. Regular meeting of the City Council of The City of Delray Beach was held in the Council Chambers at 7:30 p.m. with Mayor John N.Kabler 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 meetings of the Council held September 12th and 18th were approved as written. City Manager Black advised the Council of a request by property owners for the paving of S.W.~th St. from Swinton Avenue west. He stated that the street is in a very bad condition, but the owner of the property on the south has not dedicated his portion of the right-of-way. He recommended that the street be paved on the present right-of- way of 25' to a width of 15' or 20' instead of 22', from Swinton Ave. to SoW.$th Ave. Upon motion of Councilman Roth, seconded by Council- man Holland. and unanimously carried, the City Manager was authorized to try to contact the owner of the property on the south with reference to obtaining this additional right-of-way~ and also to prepare an estimate of the cost of paving the street to a width of 18' on the present right-of-way of 2%'. A letter from the Chamber of Commerce regarding the organization of a Community Chest in this City, was read as follows: September 22, 1950. Honorable Mayor and City Councilmen City of Delray Beach, Delray Beach, Florida. Gentlemen: The Chamber of Commerce has been investigating the feasibility of organizing a Community Chest for Delray Beach~ since the question has been raised year after year~ Mr. Vaden, Chairman of the Chamber's Community Chest Committee, contacted various groups and organ- izations recently to get their reaction. These groups were in favor of the proposal, providing the Chest was well organized and properly managed. However, to be successful~ a Community Chest must have the support of a large portion of the citizens. 9/26/~0 Therefore~ the Board of Directors of the Delray Beach Chamber of Commerce respectfully request that the Community Chest question be brought before the voters and be included on the November ballot. Your careful consideration of this matter will be appreciated. Respectfully submitted, DELRAY BEACH CHAMBER OF COM~RCE CHARLES SENIOR Charles Senior, President No action was taken on the suggestion of the Chamber of Commerce~ as a majority of the Council did not favor a Community Chest at this time. George W. McKay~ representing the colored citizens~ addressed the Council with reference to the continuation of the paving of N.W. lst St. from 8th Avenue to the Seaboard Railroad, as originally requested. It was explained that the City Council had tried to serve the most thickly populated area, and as funds are limited, only a portion can be paved at a time. At a later date streets will be paved or extended where needed. City M~nager Black also stated that S.W.~th Ave. from Atlantic Ave. south to ~rd Street has been requested~ and later N.W.10th Ave. from Atlantic Avenue north to 2nd Street both of which will be placed on the priority list as funds become available. Mr. McKay also complained that motorist disregard the traffic light at the corner of West Atlantic Ave. and 5th Ave.~ making it dangerous for school children crossing at that corner. He asked that a Patrolman be stationed there, or a school patrol be organized to caution motorists. He was instructed to work with the City Manager and the Chief of Police in correcting this condition~ the Council suggesting that either a "School" sign be placed on that corner~ or that traffic be allowed to move on a green light only~ instead of making a right hand turn on a red light. 9126150 With reference to a bathing beach for colored citizens it was suggested that the County be asked to help in providing a location, or there was a possibility of making a lease with an owner of a long stretch of oce~u front property south of the City Limits. Upon Motion of Councilman Holland. seconded by Council- man Jacobs, and unanimously carried, the following building permits, for new construction or alterations on the Federal Highway, were approved, subject to final approval of the Building Inspector as to compliance with Building Code and Zoning requirements: 1. A Service Station for the Gulf 0il Co., on the northwest corner of the N. Federal Highway and ~th St. Application filed by C.& R.Enterprises. 2. Application for permit to remodel canopy over gas pumps, at the Cities Service Station, on the southwest corner of the S. Federal Highway and ~th St. 3. Application for permit to build an addition to the Sunoco Service Station on the N.Federal Highway and ~th St., filed by Doherty & Snyder Motors, Inc. $. An addition to the Faircloth Buick Co. building at 213 N. Federal Highway, to extend to the alley in the rear. With reference to the appointment of an Auditor to audit the City books for the fiscal year ending September 30th, 1950, City Manager Black recommended that Mr. Frederick Dunn- Rankin, who has audited our books for several years, be reapp- ointed, as he felt he had always made a very thorough audit. Councilman Jacobs! however, felt that different firms should be given an opportunity to bid on this work, although the City Attorney advised it was not required under the City Charter~ and upon motion of Councilman Saunders, seconded by Councilman Jacobs, and unanimously carried, the City Manager was instructed to advertise for bids in one issue of the local newspaper. City Manager Black explained that due to the grading of the Street, water stands in low places on S.E.lst Street between 5th Ave. and ~th Ave., where a storm drain was recent- ly installed, and recommended that temporary catch basins be installed to connect with the sewer line. 9/26/50 Mr. Black also recommended an extension of the storm sewer line on Sth Ave., from the alley north to Atlantic Ave., to drain the corner of East Atlantic Ave. He estimated the cost would be approximately $215.00 at the corner of S.E.~th Ave. and 1st St., and approximately $351.00 at East Atlantic Avenue and ~th Avenue. After consideration, a motion was made by Councilman Saunders that the City Manager be authorized to proceed with this work as he recommended. The motion was seconded by Councilman Jacobs, and upon call of roll carried Unanimously. Attorney L.H.Brannon, representing Dr.W.S.Carper, addressed the Council, with reference to a tract of land of approximately 15 acres, in Section 18, which the City believed they owned and had leased to the Police Benevolent Association for a Rifle Range and Club House, but which had later developed to be owned by Dr. Carper. Mr. Brannon, on behalf of his client, offered to exchange this land for a five acre tract of City owned land Just south of Atlantic Avenue, east of the Seaboard Railroad, with the provision that the City would set a minimum valuation on the property until he had developed it or disposed of it; or follow the recommendation of the Zoning Board in changing the zoning of Lot 35, Block 13, Del Ida Park, which Dr. Carper owns, to a Business zone; or sell the property in Section 18 to the City for $3500.00. Mr. Brannon contended that the City leased the land to the Police Benevolent Association, who had spent their money and labor on the property, and he felt the City was obligated to live up to its lease. He also believed that the property was near enough to the Golf Course to become valuable to the City as highly restricted residential lots in the future. After a discussion of each proposition, Mayor Kabler advised Mr. Brannon that the Council disfavored the exchange of land; that they would not change the zoning on Dr.Carper's lot, and they felt that $3,500.00 was an excessive ~rice to ask for the fifteen acre tract of land in Section l~. City Attorney Moore advised the Council that if Dr. Carper should bring a suit against the City to obtain possession of the land, the City could bring betterment proceedings in an alternate suit, whereby the Police Benevolent Association would be compensated for the improvements they have made in good f~ith on the property. Councilman Jacobs suggested that an offer of $150.00 an acre be made to Df.Carper, or that the five acre tract of land the City owns be given to the Police Benevolent Association and this amount of money contributed to them toward rebuilding. After further consideration by the Council, a motion was made by Councilman Holland, and seconded by Councilman 9~26~5o Jacobs, that an offer of $2,250.00 be made to Dr. Carper for the tract of land in Section 18, with all taxes paid to date of transfer, and that he be given until October 15th to accept or reject the offer. Upon call of roll the motion carried unanimously. The following Ordinance was then brought up for second and final reading, and same was read in full: ORDINANCE NO. G-lO9 AN ORDINANCE OF TEE CITY COUNCIL OF TEE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, MAKING IT UNLAWFUL FOR ANY PERSON WHO IS A MEMBER OF THE COMMUNIST PARTY, OR A~Z OTHER PERSON, GROUP, OR ORGANIZ&TION AS HEREIN* AFTER DEFINED IN SECTION::.$ . OF THIS ORDINANCE, TO REMAIN WITHIN THE CORPORATE LIMITS OF THE CITY OF DELRAY BEACH LONGER THAN $8 HOURS WITHOUT REGISTERING WITH THE POLICE DEPARTMENT; TO REQUIRE ALL SUCH PERSONS, GROUPS AND ORGANIZATIONS CIRCULATING OR DISTRIBUTING PRINTED OR WRITTEN MATTER TO FULLY ADVERTISE SUCH MATTER IN A NEWSPAPER TEN DAYS PRIOR TO SUCH DISTRIBUTION~TO REQUIRE ALL SUCH PERSONS, GROUPS AND ORGANIZATIONS HOLDING MEETINGS TO NOTIFY T~ CHIEF OF POLICE OF SAME AT LEAST TEN DAYS PRIOR TO SUCH MEETING; MAKING IT UNLAWFUL FOR ANY PERSON, GROUP OR ORGANIZATION TO ADVANCE Ah~D PROMOTE IDEAS OF FORCE, VIOLENCE, TREACHERM, DECEIT, ESPIONAGE, SABOTAGE, TERRORISM, CREATION OF FEAR, DESTRUCTION OF MORALE AND BY ANY OTHER ACTS OR DOINGS WHATSOEVER; PROVIDING PENALTIES FOR THE VIOLATION OF THIS ORDINANCE; PROVIDING FOR THE SEPARABILITY OF THE PROVISIONS HEREOF. WHEREAS, it has come to the attention of the City Council of the City of Delray Beach, Florida, that the Communist Party, its officers and members, are actively engaged in secret meet- ings, distribution of literature and other activities that ad- vance and promote ideas and objectives contrary to the be~t interests of the United States, its people and the citizens of the City of Delray Beach, Florida: NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA: Section l: That it shall be unlawfUL1 for any person, who is a member of the Communist Party, or any person who is a member of any group or organization as hereinafter defined in Section $ of this Ordinance, to remain within the corporate limits of the City of Delray Beach without first registering with the Identification Bureau, Police Department of the City of Delray Beach, within forty-eight ($8) hours of the effective date of this Ordinance or taking up residence in the City, giv- ing his name, address and occupation~ and permitting a photograph 9126150 to be taken by said Department. Section 2: It shall be unlawful for any person who is a member of the Communist Party~ or any person~ group, or organization as hereinafter defined in Sect- ion ~ of this Ordinance, to engage in the circulation or distribution of any printed or written matter of any Communist organization~ or of any person, group, or organization as hereinafter defined in Section ~ of this Ordinance~ without first advertising the full printed or written matter in a newspaper of this City at least ten (10) days prior to such circulation or distribution. Section 5: It shall be unlawful for any member of the Communist Party, organization~ group~ affiliate, or any person,, group or organization as hereinafter defined in Section ~ of this 0rdinance~ to hold any meeting with- in the corporate limits of the City of Delray Beach~ Florida without having first notified the Chief of Police of said City of the time and place of such meeting at least ten (10) days prior to such meeting. Segtion ~: It shall be unlawful for any person, group~ or organization to advance or promote ideas or objections contrary to the United States of America by means of force, violence~ treachery~ deceit~ espionage~ sabotage~ terrorism~ creation of fear~ destruction of and by any other acts or doings whatsoever. Section ~: Any person violating the provisions of any section of this Ordinauce shall~ upon conviction therof, be fined not more than Five Hundred Dollars ($~00) or by imprisonment at hard labor on the streets or other works of the City of Delray Beach for a term not exceeding sixty (60) days, or by both such fine and imprisonment, in the discretion of the municipal judge. Every violation of~ or non-compliance with~ any of the provisions of any section of this Ordinance shall be and constitute a separate offense~ and shall subject every person guilty thereof to all of the penalties here- inabove prescribed. Each day that such violation shall continue shall also constitute a separate offense. Section 6: If any phrase, clause, sentence, para- graph or section of this Ordinance shall be adjudged in- valid'or unconstitutional by any court of competent jur- isdiction, such judgement shall not affect~ impair or invalidate any of the remaining phrases~ clauses~ sent- ences~ paragraphs and sections of this Ordinance, but shall be restricted and limited in its operation and effect to that portion of said Ordinance which was directly 9/26/50 involved in the controversy in which such Judgement was rendered. PASSED on first reading on this 29th day of August, A.D. 1950. PASSED AND ADOPTED on second and final reading this 26th day of September, A.D. 1950. John N, Kabler Mayor ATTEST: (Signed) Ruth R, Smith City Clerk Councilman Jacobs objected to the passage of this Ordinance. He claimed that this problem should be handled by the National Government; that many of these so-called Communists were American citizens, and that we were attacking their rights as citizens. He was opposed to pushing undesirables from one comm?~nity to another, as the Ordinance provides, and to making a person's innocent family suffer for his wrong thinking. He believed that this group of people were fanatics, and that they were hysterical at the present time, but he had no fear of their attempting to overthrow the government of this Country. Mayor Kabler then explained that Municipalities have some local responsibility in taking care of this situation. He felt that every community in the Country should pass such an Ordi- nance, that it will provide excellent propoganda if the people of every City in the United States are firm against Communism. A motion was made by Councilman Roth, seconded by Council- man Saunders, that the foregoing Ordinance No.G-109 be passed and adopted on final reading. Upon call of roll the motion carried, Councilmen Holland, Kabler, Roth and Saunders voting in favor of the motion, and Councilman Jacobs voting against it. City Attorney Moore was instructed by the Council to prepare final Ordinances to complete the annexation of certain land in Section 18, and a tract of City owned land in Section 21. The following Ordinance was then brought up for second and final reading, and same was read in full: ORDINANCE NO. G-110 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING ORDINANCE N0.G-7~; PROVIDING AN INCREASE OF TWENTY-FIVE CENTS TO THE 9/26/5'0 MINIMUM CHARGE PER MONTH; PROVIDING NO PENALTY FOR DELINQUENT PAYMENT OF WATER BILLS; PROVIDING THAT ALL WATER IN EXCESS OF THE MINIMUM SHALL BE SIXTEEN CENTS PER THOUSAND GALLONS ~LERE WATER IS FURNISHED WITHIN THE CITY LIMITS OF THE CITY OF DELRAY BEACH~ AND FURTHER PROVINING FOR THE TESTING OF WATER METERS. WHEREAS~ due to the growth of the City, it is necessary for the City of Delray Beach, Palm Beach County, Florida, to make improvements to the City Water Plant, and other water facilities, and WHEREAS the income derived from the present rates charged for water used is insufficient to accom- plish such improvements, NOW, THEREFORE~ BE IT ORDAINED by the City Council of the City of Delray Beach, Florida as follows: Section l: That Section ~ of Ordinance No, G-?$ be, and the same is hereby amended to read as follows: "A monthly minimum charge will be made, payable monthly, varying according to the size of the meter; and allowing a fixed amount of water without excess, charged for the different sized meters, as set fourth in the following schedule: Size of Minimum Amount of Water Meter Charge Allowed per per Month Momth 3/~" $2.25 5 M. Gallons l" 2.7% lO M. Gallons 1-½" 3.7% 20 M. Gallons 2" $. 7% 30 M.Gallons All in excess of the minimum shall be 16¢ per thou- sand gallons where water is furnished within the City limits of the City of Delray Beach, Florida, and shall be 30¢ per thousand gallons where water is furnished out of the City limits of the City of Delray Beach, Florida." S..ection..2: That Section 5 of Ordinance No.G-7~ be and the same is hereby amended to read as follows: "Upon application for water service, and payment of deposit as required by this 0rdinanae, water will be turned on as soon as practical. All bills for water shall become due and payable on the first day of each month; and if said bill is not paid on or before the 20th day of the month, the water may be cut off without further notice. Water will be cut off at any time reques- ted by consumer and guarantee of payment deposit refund- ed upon settlement of all back charges. ~" 9~26~50 Meter shall be removed by the Water Department without delay whenever water is cut off, either by request, or the consumer, or by the Water Department for non-payment of charges, or for other reasons, and a charge of One Dollar and fifty cents ($1.50) shall be paid before the meter shall be again installed. That any person, firm or corporation using a water meter may have the same tested for accuracy by the City of Delray Beach by requesting such test from the City Manager. and by depositing the sum of One Dollar and fifty cents ($1.50) with the City Manager to ,cover the cost for such testing. If such test reveals that the said meter is accurate, said sum of One Dollar and fifty cents ($1.50) shall be retained by the City; if such test reveals that said meter is inaccurate and to the detriment of the user, the City Manager shall have a new meter installed for such water user, and said sum of One Dollar and fifty cents ($1.50) will be returned to the person deposit- ing same." Section ~: That Ordinance No,G-?~ shall in all ether respects remain unchanged. PASSED in regular sexsion on the second and final reading on this the 26th day of September, A.D.1950. John N, Kabler Mayor ATTEST: Ruth R, Smith City Clerk 1st Reading--September 12, 1950 2nd Reading--September 26, 1950 Passed and Adopted--September 26, 1950 Councilman Jacobs asked that an explanation as to why the rates are being raised be inserted in the Ordinance, and upon motion of Councilman Jacobs, seconded by Councilman Saunders, and unanimously carried, the foregoing Ordinance No.G-110 was passed and adopted with this amendment. A Joint meeting of the Bond Committee and the City Council was scheduled to be held in the City Manager's office at 7:30 p.m. on Thursday, September 28th. The N.E.2nd Avenue Drainage project, which is next on the priority list of improvements, was then discussed. City Manager 9/26/50 Black recommended that he be authorized to employ a Consulting Engineer to make a survey of the territory and establish a drainage district, who could also assist on a plan of assessment, and on the crossing under the railroad. He suggested Mr. George S. Brockway of West Palm Beach, whom he felt has more data on surveys in this City than others. Upon motion of Councilman Holland, seconded by Council- man Roth, and unanimously carried, the City Manager was authorized to proceed according to his suggestions. The deposit of an additional $5.000.00 with the First Federal Savings & Loan Association was authorized, to be marked as a Surplus Fund to be set aside for Jail Improvements, upon motion of Councilman Jacobs, seconded by Councilman Holland, and unanimously carried. An Ordinance to amend the Occupational License Ordinance, pertaining to fee charged for branch Real Estate offices, was then brought up for first reading, and read in full as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH ~ FLORIDA, AMENDING SECTION 210 OF ORDINANCE G-11, OF CHAPTER III OF THE CITY CODE, PERTAINING TO REAL ESTATE AGENCY OR BROKER. A motion was made by Councilman Holland, seconded by Councilman Roth that the foregoing Ordinance be placed on first reading, and upon call of roll the motion carried unanimously. Upon recommendation of the City Manager, and on motion of Councilman Jacobs, seconded by Councilman Holland, and unanimously carried, the City Attorney was instructed to prepare an Ordinance to amend the Occupational License Ordinance with reference to "Laundries", as follows, the flat fee of $100.00 considered to be excessive: Laundries employing over 2 and less than 5 ...... ~l~.O0 " " " 5 " " " 10 ..... $30. O0 " " " 10 " " " 20 ..... $75.00 " " " 20 " " " 30 .... $100. O0 A letter from Mrs. Eileen McKinney, Acting Principal of the Elementary Schools, was read as follows: 9/26/50 Delray Beach School Delray Beach, Florida September 16, 1950 City Council of Delray Beach c/o Mr. Charles Black, City Manager Delray Beach~ Florida. Dear City Council: You have seen evidence of the improvement of public property on our school grounds as a result of county-wide cooperation in the project initiated by local citizens under the leader- ship of the Exchange Club. I realize that the city is not in a financial position to contribute a large cash donation to this enterprise. However, I would appreciate your considering the possibility of furnishing water for the project only. Would you be kind enough to consider the following plan: Send to the Board of Public Instruction a bill for water based on themonthly average of the past five years which would be a fair estimate of the water necessary to maintain and operate the school based on past records; allow the city to assume responsib- ility for the extra water used during this school year only or during the inception of the ground improvement project in order to give the Exchange Club a fair op?ort~mity to get grass started. You would be interested to know that the following organizations have already, contributed 5 ~prinklers, 150 feet of hose, use of roller, tractor, fertilizer spreader, 2 trucks~ daily labor, ~500 sq.ft. sod, 100 sq. Yds. top soil; while the County School Board has provided cash and the use of tractor~ labor~ grass cutting machine for the whole block every two weeks, 2000 lbs. fertilizer, labor of school custodians~ personal time and attention of the County Supervisor of Maintenance, a member of the Board of Public Instruction~ and the Superintendent of Public Instruction, as well as that of the faculty and principal, all of whom ~re supplied at the expense of the County Board~ which simply does not have enough money in the bank to supply every school in the county with enough equipment, labor~ and supplies to keep school grounds in the shape members of the Board desire. Since you are in the same position~ you can appreciate the fact that the School Board cannot obligate itself to pay bills with an appropriation act passed by the state legislature when the state fails to send to the Board cash promised by such a legis- lative act. 9/26/50 ' You are in the position to relieve this situation some- what by being aware of the fact that Florida counties are not receiving lO0~ of the allotment intended for them in the 19%7 school law, encouraging the participation of local citizens in the continuation of the improvement of public property using their own money, time and effort, making it possible for the School Board to continue to support the project, as it has been doing, to the limit of its financial and physical capacity, enticing winter visitors with children to remain in Delray because they are satisfied with local school's appearance upon first impressions. This request for you to furnish only the extra amount of water necessary for the continuation and success of the ground improvement project comes to you from me personally~ who as principal is in a position to understand the limit- ations under which you and the county are forced to operate. The request does not originate in the Superintendent's office or in a meeting of the School Board. However, I feel that both groups will approve of my suggestion. The Super- intendent and the School Board will hear of it for the first time when they receive carbon copies of this letter to be mailed at the same time as the original sent to you. For your protection and that of the School Board~ I am not in a position to make the contents of this letter public. I should like to express my appreciation to the City Council for the very fine cooperation the school has always enjoyed from the City. I have been informed thru the PTA of the Plans for observance of National Children's Day in our city and realize what a fine contribution you are making toward the school's program of education good citizens for desirable community living, a task which requires cooperative effort on the part of all adults whether they are employed to do so or not. Since my request originates in my office, I shall offer to guarantee that water for yard improvement is used conservatively. This means that I shall personally in- spect and supervise the placing of sprinklers~ the length of time they run~ and shall turn off the water myself when necessary after the custodians have left the grounds. I shall make every effort to compromise between the de- mands of the Garden Club and the Exchange Club for more water and the city's and county's demands for less, at the same time keeping the grass alive. 9/26/50 Thank you for understanding. Yours very truly, Mrs. Eileen S. McKinney, Acting Principal, 1950-51 After discussion o£ the project undertaken by the school and Civic organizations, and in consideration of the fact that water is donated to Churches by the City, a motion was made by Councilman Jacobs, that this request be granted for the current school year. The motion was seconded by Councilman Holland, and upon call of roll carried unanimously. Upon motion of Councilman Roth, seconded by Councilman Jacobs, and unanimously carried, license to sell beer at 519 W. Atlantic Ave. was approved, subject to verification of distance from a church or school. A letter and form of Resolution submitted by Attorney Harry A. Johnston, County Attorney, pertaining to the cont- rolling of traffic over a portion of State Road AiA, or Ocean Boulevard, was referred to the Fact Finding Committee for study and recommendation. Upon motion of Councilman Holland, seconded by Council- man Saunders, and unanimously carried, action was deferred until the next regular meeting on several applications for "gratis" licenses, filed by persons over 65 years of age, submitted by the Tax Collector for the approval of the Council. The Tax Collector was instructed to issue free licenses to disabled Veterans who can furnish proof of disability. The meeting then adjourned. Ruth R, Smith City Clerk