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11-14-50 NOVEMBER i~TH, 19~0. 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 Chas.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 October 8th through October 23rd, were approved as written. Councilman Jacobs pointed out that Section 78 of the City Charter clearly states that on all purchases or trans- actions involving an expenditure of $500.00 or more, compet- itive sealed bids must be obtained, except that the purchase of some particular article~ not on the open market, may be made upon written recommendation of the City Manager, approved by resolution of the City Council. He asked that the public be informed of this Charter provision. The City Attorney presented an amendment to Ordinance No. G-66, pertaining to Auction Sales, which he read in full as follows: AN ORDINANCE OF THE CITY COUNC IL OF THE CITY OF DELRAY BEACH, FLORIDA ~NDING SECTION ll, OF ORDINANCE NO. G-66, PERTAINING TO THE HOURS OF CON- DUCTING A~ AUCTION SALE BE PROVIDING THAT NO AUCTION SALE MAY BE MADE BET~EN THE HOURS OF ll:O0 P.M. ~D 8:00A.M.~ OR UPON SUNDAYS OR LEGAL HOLIDAYS. Attorney J.W]Nowlin, representing several merchants in the City, appeared before the Council with reference to the above Ordinance. He explained that the merchants were not opposed to the closing hour, although they would prefer that sales close at 8 o'clock, but they felt that the public is misled by the display of merchandise under brilliant lights, and they felt that the Council should protect the public from spending more than they intend to, and from buying merchandise which is misrepresented. He proposed the following amendments to Ordinance No. G-66, which he believed the merchants would approve: (To be inserted before the last sentence of Section 13) "In case the auctioneer offering for sale at auction any of the articles described in Section i hereof~ shall state the value of the same, such stated value shall be evidenced in writing on tne tag or label delivered to the purchaser as is hereinafter provided for such delivery~ or it shall be stated on a sales ticket or other memorandum of sale delivered to the purchaser." (The following Section 18to be added) "If any provision, sentence, clause or section of this Act, or any part thereof, shall be adjudged to'be invalid, such judg- ment shall not affect, impair, or invalidate the remainder of any other section, or part hereof. It is further expressly declared that it is the intention of the City Council of the City of Delray Beach to enact such remaining portions or sections thereof with- out including herein such invalid provision, sentence, section or clause." Mr. J.B.Smith, a local Jeweler, also addressed the Council. He claimed that if an auctioneer is made to operate honestly he can not exist. He urged the Council to provide for the tagging of all merchandise, which would make him responsible for the value placed on each article he sells. Mr. W.M.Pitts, also a local Jeweler, informed the Council that he had appraised a great deal of the merchandise sold at auction last year, and practically all of it had been misrepresented. He urged the Council to prevent this from happening again. Mayor Kabler felt that anyone believing the Ordinance was un- reasonable should initiate action against the City in Court. Councilman Jacobs recommended that the 11 o'clock closing hour be granted, and that a provision be included in the Ordinance that merchandise will be redeemed if unsatisfactory or misrepresented, as Mr. Marcus had agreed at a previous meeting. He felt that the fee to be paid ~as good revenue for the City, if the business is operated legitimately, and according to provisions of the Ordinance. After further discussion by the Council, a motion was made by Councilman Roth that Ordinance No. G-66 be amended to provide that the closing hour for auction sales be extended to $ o'clock only, and that the recommendations of Mr. Nowlin, as listed above, be incorporated in that Ordinance. The motion was seconded by Council- man Saunders, and upon call of roll carried unanimously. Mr. Robert P. Gracey, representing the Property Owners Pro- tective Association, filed the following letter with the Council, which was read in full: DELRAY BEACH Property Owners Protective Association, Inc. Delray Beach, Florida October 26, 19~0 Honorable Mayor Kabler Members of the City Council Delray Beach, Florida Gentlemen: Last March the Property Owners Protective Association was assured by Mr. Black that the resurfacing of North East 8th Street from the F.E.C. Railway to North Swinton Avenue was next on the agenda of City road repairs. So far nothing has been done about this and the road is very rough. We would like to call your attention also to the gulleys that were left on Northeast 4th Street where it crosses the Federal Highway - these are deep enough to brea~ the springs of an automobile. Similar conditions exist in crossing the F.E.C. Railway at Northeast 2nd Street and Northwest 2nd Street. With the season at hand and the town soon to be full of winter residents and visitors we feel that these crossings should be taken care of and leveled before any accident occurs. Yours truly, (Signed) B.C.Butler, B.C.Butler, President. With reference to the improvement of N.E.Sth Street, from the Florida East Coast Railroad to Swinton Avenue, City Manager Black advised that this project had been re- ferred to the Board of County Commissioners, who had ad- vised him that it would be put on their list for street improvements. Mayor Kabler referred this request to the Fact Find- ing Committee to follow through. Upon motion of Councilman Saunders, seconded by Coun- cilman Jacobs, and unanimously carried, the City Manager was instructed to repair the paving at the corner of N.E. 4th Street and the Federal Highway, with City forces, leveling off the hollows in the pavement. The City Manager was also instructed to prepare a report on the cost of repaving N.E.3rd Street, west of the Highway for approximately one-half block. Mrs. George M. Lapham then addressed the Council, with reference to the cleaning of lots throughout the City. She urged the Council not to cut do~m trees and shrubbery on vacant lots, except where necessary, contending that it would leave a homely, flat community, and would drive away the birds which make their nests there. Mayor Kabler explained that the problem at this time is the Australian pines, which are a breeding place for rats. City Manager Black then submitted his survey of the lots in the ~each area which are in need of clearing, stating that the greatest problems are piles of weeds and debris, and fallen and dead trees. A motion was made by Councilman Roth, and seconded by Councilman Holland, that the City Manager be instructed to send out notices i~nediately, according to his survey, ad- vising property o~.mers that if their lots are not cleared, the City will proceed to have same cleared, and assess the cost against the property. Upon call of roll the motion carried unanimously. ~ /& 2-il/i¥/~o Councilman Holland advised the Council that he had con- tacted Dr. W.S.Carper in regard to a tract of land owned by him in Section 18, which the City leased to the PoliCe Bene- volent Association, believing it was City owned land; and that he was now willing to deed this land to the City for 32,700.00. After consideration, a motion was made by COuncilman Holland, seconded bM Councilman Roth, that this offer be accepted, Dr. Car- per to furnish title insurance, and taxes~ if any, to be pro- rated to date of closing. Upon call of roll the motion carried unanimously. City Attorney Moore advised the Council that their lease to the Police Benevolent Association is still effective, although the property was not owned by the City at the time the lease was made· The following recommendations of the Traffic Committee were submitted by Councilman Holland, Chairman of this Co~'aittee, for approval of the Council: 1. Prohibit parking on pavement on Salina Street~ to permit cars to pass and make a turn. 2. Prohibit parking on East Atlantic Ave., from Fed- eral Highway east to 20' east of the alley, on both sides. 3. Trim pine trees and clear City owned lot in Block 109, to provide parking space for City employees. Remove parkway north of City Hall in order to widen the alley, and move two poles in alley back out of the alley~ to make room for fire trucks going in and out of the Fire Station. Also move sidewalk east of City Hall building back off of the street R/W, and prohibit parking on this corner of the alley. Also move sidewalk abutting Davis property~ south of the City Hall off of the Street R/W, at expense of the property owner~ the City to remove the old sidewalk and pave the Street up to the curb line. This will widen the Street for this entire block. Prohibit parking on S.E.4th Avenue~ from Atlantic Avenue, south to alley, as follows: Prohibit parking for one car space at corner of Atlantic Ave.~ mark one loading space at rear entrance of Drug Store, and prohibit parking for one car space at corner of alley, on both sides, cars to be allowed to park in remaining spaces. 6 Install traffic light at corner of E.~.lst St and 2nd Ave. 7. Rock area in Block 37, ~0' deep the length of the Blocky for the loading and unloading of colored farm labor. 8. Prohibit parking in alley north of Atlantic Avenue, between N.E.~th Ave. and 4th Avenues. il/i4/No A motion was made by Councilman Jacobs~ seconded by Co~acilman Saunders~ that the foregoing recommendations of the Traffic Committee be approved. Upon call of roll the motion carried~ Councilmen Holland~ Jacobs~ Roth and Saunders voting in favor of the motion and Councilman Kabler opposing the recommendation to prohibit parking on Salina Street~ con- tending that this is a one-way Street~ and only used by the ow~ners of property on that street~ and it is therefore un- reasonable to require these property o~ers to park off of the street. The City Manager was instructed to obtain figures on the cost of rocking certain areas in the business district on N.~. and S.W. ~th Avenue~ for approximately I ½ blocks sou~h and two blocks north of Atlantic ~venue~ to allow off-the-street parking~ to e~timate the amount of rock needed~ and also re- port if the rock can be obtained from the County without cost to the City. Councilman Jacobs complained that the street lights which have been approved for the colored section have not yet been installed. City Manager Black agreed to again contact the Florida Power & Light Co. in reference to the installation of these additional Street lights. ~. Black also reported that the Street lights approved by the Council~ ~ at S.E.~th Ave. and 10th St. would cost app- roximately ~O0.00 additional, as there is no electric cir- cuit within 300' of this corner. This matter was referred to Mayor Kabler and Councilman Jacobs~ to take up with the Flor- ida Power & Light C~. Councilman Holland suggested that vacant lots be obtained by the City~ to be used as privately operated~ City sponsored~ parking lots~ to relieve traffic congestion in the business area. He suggested putting parking meters on such lots~ and possibly granting the operator a free license and the proceeds from the meters. It was the opinion of the City Attorney that the City could not operate parking lots without a provision in the Charter~ nor could it grant a free license to an operator of a City sponsored parking lot. The Traffic Committee was instructed to report on avail- able lots for parking purposes at the next meeting~ when this matter will be again discussed. Recommendations from the Zoning Board on requests for Special Peri, its which were referred to them~ were read as follows: 11/14/50 CITY OF DELRAY BEACH Delray Beach~ Florida 13 November 19[0 Honorable Mayor and Members of the City Council of the CITY OF DELRAY BEACH Gentlemen: Your Zoning Board met in the City Manager's Office on November lO~ 19[0 at lO:00 A.M. to consider the request referred to us from your last regular meeting. Chairman Kenneth Jacobson~ J.K. McNab~ Garland Thayer and King Cone were present. [Application of A. George to construct store buildings on E.4th Avenue~ from the Palm Finance Company south to the alley without setting back the required distance of lC' from the prop- erty line. After consideration we recommend that this permit be granted under the same conditions as the one recently granted for the erection of the Palm Finance Company building. Also~ under Ordinance No. G-lO1 modifying and amending side street set-backs this is not a violation. 2. Application of Jay R. Shattuck for permit to remodel "The Beach Shack" located at 6 South 0CeanBoulevard~ by erecting a two story building on the present foundation which is on the property line. We feel that we cannot make a recommendation until the resolu- tions and agreements made with the property owners after the '~7 hurricane are clarified definitely establishing the build- ing line in relation to the established Brockway Line. This is with reference to Resolution No. 640. Very truly yours~ DELRAY BEACH ZONING BOARD (Signed) Kenneth Jacobson~ Kenneth Jacobson~ Chairman Upon motion of Councilman Saunders~ seconded by Councilman Roth~ and unanimously carried~ the recommendation of the Zoning Board that permit be granted to A.George to construct a store building on S.E.4th Ave~iue, in Block 93, from the existing build- ing south to the alley~ was approved. With reference to the request of Jay R. Shattuck for permit to remodel his Beach Shack without complying with front set-back requirements~ which request the Zoning Board had referred back to ii/i¥/~o the Council~ City Attorney Moore advised that the Resolution signed by Mrs. Slane~ o~mer of this property~ merely accepted a new property line in place of the old property liner and does not give the property owner permission to build up to that property line. He further stated that until the Council has a recommendation from the Zoning Board it would not be able to rule one way or the other. Upon motion of Councilman Roth~ seconded by Councilman Saunders~ and unanimously carried~ this request was referred back to the Zoning Board~ and the City Attorney was asked to meet with them when they reconsider it. Proof of publication of Invitation to Bid on the prepar- ation of surveys~ plans and_ estimates for a proposed storm sewer project on N.E.2nd Avenue, by qualified Civil Emgineers~ was presented and spread upon the minutes as follows: INVITATION TO BID The City of Delray Beach will receive sealed bids until 4:30 P.M.E.S.T. on Tues- day~ November 14, 19~0~ from qualified civil engineers for the preparation of survey~plans and estimates for a proposed storm sewer pro- ject in the City of Delray Beach~ Florida. The major area to be drained is in the vicinity of North East Semond Evenue and North East First Street. The engineer must be experienced in the preparation of assessment schedules for such projects and capable of advising the City Council regarding same. The City Council reserves the right to reject any or all bids and to waive formalities. (Signed)~ Charles E.Black, City Manager~ Publications November 2 and 9~ 1950. Two letters from Engineering firms were received in response to the above notice~ both recommending that the Council select an Engineer according to his qualifications~ to do the work according to established fees. The letters were read as follows: ii/i¥/No SMITH AND GILLESPIE Engineers P.O.Box 10~8 Jacksonville~ Florida October 31, 19[0 Mr. Charles E. Black City Manager Delray Beach~ Florida Dear Mr. Black: This will acknowledge your communication of Oetober 27, 19[0~ which is titled "INVITATION TO BID". We understand this co~maunication to state that the City of Delray Beach is requesting sealed bids for professional engineer- ing services. Please be advised that no qualified and reputable profess- ional engineer will "bid" on his professional services. This is contrary to standard practice and is prohibited by the Canon of Ethics adopted by and controlling the members of all professional societies and organizations. Engineering services of the character contemplated by your City are professional in nature and can no more be evaluated on a bid basis than could this practice be used in the employment of attorneys, physicians, or the members of any other profession. We are greatly interested in serving the City of Delray Beach in the capacity which you desire, but we are unable to conform to your request to submit a bid for these services. We will be very happy to meet with you and your City Officials and to present our qualifications and experience as an indication of our ability to provide you with the professional service you desire. We would also inform you as to the fees which will be invol- ved in these services. These fees willy of cour~e~ be in line with the established schedules of engineering fees adopted by the recog- nized engineering societies and which are customarily based on the percentage of the actual cost of the work on which the services are rendered. We will be glad to meet with you for this purpose at a date convenient to the City upon receipt of reasonable advance notice of such date. Yours very truly~ SMITH AND GILLESPIE (SIGNED) ~'Yylie W. Gillespie GEORGE S. BROCKWAY Civil & Consulting Engineer Guaranty Building West Palm Beach, Florida. November 8, 1950 Hon. Mayor and City Council City of Delray Beach Delray Beach, Florida Gentlemen: This letter is written in reply to your invitation to submit a proposal for engineering services in connection with the proposed storm sewerproject in the City of Delray Beach, Florida. We note that the area to be drained is limited to the vicinity of Northeast Second Avenue and Northeast First Street. In order that the work proposed to be done at this time may become an efficient and economical part of a future overall system, it would be advisable to extend the scope of the survey and design to some distance to the north and south of the designated area. It is impractical to quote a fixed fee for the services to be rendered, because the nature and amount of such services are unknown at this time. If we assume too large a project, then the fee will be too high. On the other hand, if we assume too small a project, we will have to render a service for an inadequate fee. In either event, the City or the Engineer will be penalized. Many governing bodies of municipalities are perplexed about the proper fee for engineering services. This is under- standable, as they have no opportunity to appraise the infin- ite care and precision of detail which a reputable engineer- ing firm must devote to the design of each project. Emphasis is too often placed on the price rather than on the quality of the engineering work. This is especially true when several proposals are solicited. Yet the high standard of engineering design and supervision should never be lowered, because the health and safety of human beings depend on the security of the construcrion of public works. A lowering of this standard results in careless design and supervision, and also brings about shameful waste of construction funds. It further imposes a higher maintenance rate on the completed job. Experienced administrators know that engineering costs represent but a small percentage of a project total. Public officials should insist on complete, expert, engineering service on all projects for which they are responsible. Engin- eering other than the best is expensive. We maintain an adequate organization of Registered Engin- eers, Land surveyors and Draftsmen, of wide and varied technical experience. Each engagement, therefore, receives the attention of men who are experts on the particular problem involved, and who strive to provide a permanent investment for the owner, at the lowest possible cost. From its years of experience, this firm has learned to operate economically, resulting in corres- pondingly moderate fees. We propose to make all necessary surveys, preliminary and detailed construction plans, obtain approval from the State Board of Health, prepare specifications and cost estimates, assist the City in obtaining bids from qualified contractors, analyze such bids and assist the City in awarding a contract for the work. When a contract for the work is awarded, we will lay out the work, super- vise the construction, prepare monthly and final estimates of the work, and assist the City in the preparation of an equitable assess- ment schedule, for a fee in accordance with the enclosed schedule, based upon the amount of work to be done. If the above outlined services are not all required, we will be glad to adjust our proposal to comply with the requirements of the City. We appreciate the opportunity of submitting this proposal, and hope it will be given favorable consideration. Very truly yours, (Signed) George S. Brockway. Enclosure: Schedule of Minimum EnEineerinE ~ees The following schedule of basic minimum fees shall apply to general engineering services for construction work. Cost of Construction Amount of Fee ¢ 2F,ooo.oo ........ z0% ~ 25,000.00 to $ 50,000.00 8.0~ $ 50,000.00 to $ lO0,000.O0 7.0% $100,000.00 to ~ 200,000.00 6.6~ $200,000.00 to $ 300,000.00 6.)~ $300,000 O0 to $ b~o0,o00 O0 6.2~ $500,000 O0 to $ 600,000 O0 5.8g $600,000 O0 to ~ 700,000 O0 5.6~ $700,000 O0 to $ 800,000 00 5.~ $800,000 O0 to $ 900,000 O0 5.3~ $900,000.00 to $1,000,000.00 5.25% These basic fees include engineering services for pre- liminary investigations, surveys, studies and reports, prep- aration of complete detailed plans and specific~tions~ detailed estimates of quantities and costs~ assistance in award of construction contracts~ general supervision of construction~ including surveys to control lines and grades~ checking and approving shop or working drawings submitted by contractors~ consultation and advice to the client during construction~ approval of periodic and final estimates for contractor's payments~ and assistance in pre- paration of assessment rolls. On projects which involve an unusual amovmt of pre- liminary investigations and study~ and where the prelimin- ary investigations are required to consider several alt- ernate plans or designs for meeting the needs of the assig- nment~ the Engineer may be required to secure specialists or technical consultants. In such cases~ the fees for these consultants~ if paid by the Engineer~ will be added to the fees shown above. The use of such specialists is not con- templated in the scope of services included in the basic fees. This schedule does not include work exceeding one million dollars construction cost. Any project amounting to more than one million dollars construction cost will involve particular features which will require that the Engineer and the client negotiate an appropriate fee based on the particu- lar scope of services desired and the character and nature of the work to be performed. Mr. Black recommended that the Council interview both of these firms~ with others if they desired~ and select an Engineer. After discussion by the Council~ a motion was made by Councilman Roth~ seconded by Councilman Jacobs~ and unanim- ously carried~ that Mr. George S.Brock~way of West Palm Beach be approved as Consulting Engineer for this project~ as he was located nearer~ and possibly had surveys in his files which could be used. The following resolution was then presented~ and same was read in full: RESOLUTION NO. 780 A RESOLUTION OF THE CITY COU~CIL OF THE CITY OF DELRAY B,~.AC~:~ ~LORID~-~ AUTHORI~ING THE CASHING OF $ 1~00 TREASURY SAVINGS NOTES~ ~HICH M~TURED JULY 1ST~ 19~7. BE IT RESOLVED BY THE CITY COUNCIL OF T~ CITY OF DELRAY BEACH~ FLORIDA~ as follows: It is hereby authorized that the following Treasury Savings Notes, Series C, dated July 1st, 19~, and which matured July 1st, 1947, be cashed: One $ ~00 Note --No. C66~84 One ~l,O00 Note --No. C7469~2 PASSED AND ADOPTED by the City Council of the City of Delray Beach, Florida, this 14th day of November,A.D.1950. (Sinned) John N.Kabler Mayor ATTEST: (Signed) Ruth R, Smith City Clerk (SE~m) Upon motion of Councilman Roth, s~conded by Councilman Jacobs, and unanimously carried, the foregoing Resolution No.780 was passed and adopted as read. An Ordinance to annex a certain tract of land in Section 18, was brought up for second and final reading, and same was read as follows: ORDINANCE NO. G.-!13 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH~PALM BEACH COUNTY~ FLORIDA~ A2~N~KING THE FOLLOWIi?G DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PALM BEACH COUNTY~ FLORIDA~ .,~,~D LYING CONTIGUOUS TO THE CITY OF DELRAY BEACH~ TO-WIT: FOR A POINT OF BEG- INNING~ START AT A POINT ~YHERE THE CENTER LINE OF ~EST ATLANTIC AVENUE (DELRAY WEST ROAD) (AS CONSTRUCTED THROUGH SECTION EIGHTEEN (18), T0¥~SHIP FORTY-SIX (46) SOUTH, RANGE FORTY-THREE(~3) EAST) INTERSECTS THE EAST LINE OF THE t;[EST QUARTER OF SECTION EIGHTEE~:~ (18), TOWNSHIP FORTY-SIX (46) SOUTH, ~RANGE FORTY-THREE (43) EAST; THENCE RUN NORTH ALONG THE EAST LINE OF THE ~fEST QUARTER OF SAID SECTION EIGHTEEN (18) TO A POINT THIRTY-THREE FEET(33') NORTH OF THE EAST - ~,~[EST CENTER LINE OF SAID SECTION EIGHTEEN (18); THENCE EAST ALONG A LINE THIRTY-THREE FEET (33 ') NORTH OR ~'E~D P~tRALLEL TO THE SAID EEST - WEST CENTER LINE TO A POINT OF INTERSECTION WITH T~ ~¥EST RIGHT-OF-WAY LINE OF TiIE E-4 CANAL; THENCE RUNNING SOUTH~STERLY AND SOUTHERLY ALONG SAID %'~ST RIGHT-OF-¥~tY LINE OF E-~ CANAL TO THE CENTER LINE OF %¥EST ATLANTIC AVENUE; ,THENCE SOUTH- ~'~SSTERLY ALONG SAID CENTER LINE OF YfEST ATLANTIC A-~NUE TO THE POINT OF BEGINNING; AND FURTHER PROVIDING TiIAT Ti'~E BOUNDARIES OF THE CITY OF DELRAY BEACH SHALL BE RE-DEFINED SO AS TO INCLUDE THE_,~IN THE 'ABOVE DESCRIBED TRACT OR P_~JICEL OF LAIO. '~tEREAS by Ordinance No. G-lO6 the City Council of the City of Delray Beach, Ylorida, declared its intention to annex to the City a tract of land as more particularly described in ii/14/ o Section 1 hereof, and ~IEREAS no objections were filed to said intention of annexation, as required by Section 185 of the City Charter of the City of Delray Beach~ NOW Ti~E~FORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida as follows: Section l: That the City Council of the City of Delray Beach, Palm Beach County~ Florida, hereby annexes to said City the following described tract or parcel of land located in Palm Beach County, Florida, and lying contiguous to said City, to-wit: For a point of beginning, start at a point where the center line of West Atlantic Avenue (Delray West Road) (as constructed through Section Eight- een (18), Tovmship Forty-Six (~6) South, Range Forty-three (~3) East, intersects the East line of the West quarter of Section Eighteen (18), To~mship Forty-six (46) South, Range Forty-three East; thence run North along the east line of the West quarter of said Section Eighteen (15) to a point thirty-three feet (33~) North of the East- West center line of said Section Eighteen (18); thence East along a line thirty-three'feet (39~) North of and parallel to the said East-West center line to a point of intersection with the West right-of-way line of the E-4 Canals thence running southwesterly and southerly along said West right- of-way line of E-4 Canal to the center line of West Atlantic Avenue; thence southwesterly along said Center line of West Atlantic Avenue to the point of beginning. Section 2: That the boundaries of the City of Delray Beach, Florida, shall be so re-defined as to include therein the above described tract of land. Section 3: That, if any word, plzrase, clause, sentence or other part of this Ordinance shall be declared illegal by a Court of competent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on the second and final reading on this the 14th day of November, A.D.1950. (Signed) John.N. Kabler Mayor ATTEST: RUTH R. SMITH CITY CLERK 1st reading -October 24, 1950 2nd reading -November 15, 19~0 Passed and adopted November 14,50. //m~ ii/i¥/~o A motion was made by Councilman Saunders, seconded by Councilman Jacobs~ that the foregoing Ordinance No.G-113 be passed and adopted on final reading. Upon call of roll the motion carried unanimously. The following Ordinance, confirming assessment roll on rocking alley through Block lO1, was brought up for final read ing~ and same was read in full: ORDINANCE NO. G-11~ AN ORDINANCE OF THE CITY COU~fCIL OF T~ CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESS- MENTS AS SHOWN BY THE ASSESS~/~NT ROLL SUBMITTED BY THE CITY ENGINEER OF SAID CITY~ CONCE~ING THE GRADING AND ROCKING OF THE ALLEY TI~ROUGH BLOCK 101, ~HERE NOT PREVIOUSLY ROCKED. t'fHEREAS, 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 of the cost and the assessment roll for the construction of a grading and rocking improvemnet of the alley through Block 101, where not previously rocked, and ~'Y~EREAS~ said report and assessment roll were approved by the City Council in regular session on the 10th day of 0ctober~ A.D. 19~0~ and ~'fHEREAS~ due notice concerning said assessment roll was given by advertisement by the City C!erk~ in accordance with the City Charter of said City~ for the purpose of hearing objections to said assessment roll, and YE~EREAS~ no objections were received to the confirmation of said assessment roll, NOW~ THEREFORE~ BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH~ FLORIDA, as follows: Section 1. The assessments, as shown by said assessment roll which is annexed hereto and made a part hereof, are hereby levied against the property shown and in amounts shown on said assessment 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 November l~th, 19~0, and on the l~th day of November for the next ensuing nine years; and said special assessment so levied shall be a lien from the date the assessment becomes effective~ upon the respective 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 pen- alties and under the ~ame provisions as to sale and forfeiture as City taxes are colle6table. ll/l¥/ O Passed in Regular Session on second and final reading on this the l~th day of November, A.D. 1950. (Si~ned) John N,Kabler Mayor ATTEST: ][Signed) Ruth R,Smith City Clerk (SEAL) Upon motion of Comncilman Roth, seconded by Council- man Jacobs, and unanimously carried, the foregoing Ordinance No. G-11~ was passed and adopted as read on final reading. Upon motion of Councilman Jacobs, seconded b? Councilman Saunders, and unanimously carried, the following candidates for the Primary Election to be held on November 21st~ who were tentatively approved by the Council at a special meeting held on November 7th, were officially approved. The candidates ~ ' ~ Wilena E. Hurst, 0.D.Priest, Jr., Walter were Robert ~lemzno~ _ A. Roth, Jack L. Sam~ders~ and Henry A. Snider. The following Election Board to serve at the Primary Election, was also approved by this motion: King S. Cone Clerk ~s. Ellen Larey Inspector Miriam Brown " Cecil Farrar " L.F.Ranson " J.J.Johnson " Mamie M.Deaderick " Councilman Roth, Chairman of the Fact Finding Comuittee, recommended to the Council that S.E.2nd Avenue, from 6th St. to 10th St., be paved, as requested by petition signed by property owners who would be affected, together with S.E.7th and 8th Streets, from 2nd to 3rd Avenue. A motion was made by Councilman Holland, seconded by Councilman Saunders, that the recommendation of the Fact Find- ing Committee be approved~ the position of these improvements on the Priority List to be determined later. City Manager Black reminded the Council that three pro- jects had already been scheduled, when funds become available~ S.W. 4th Ave.~ from Atlantic Ave. south to 3rd Street~ N.W. 1st St. from otb Ave. to the Seaboard ~{ailroad, and N.W.lOth Avenue from Atlantic Ave. to 1st St. Upon motion of Councilman Saunders, seconded by Council- man Roth, and unanimously carried, the City Attorney was inst- ructed to draft a resolution thanking the Bond Co~nittee for their work on the refunding of City indebtedness. The following letter from Mr. W. Speelman~ owner of property in Del Ida Park~ was read: SPEELP~N & LAG~RDN~ INC. b~olesale Bulb Importers Box 897 Delray Beac~ Florida. November ~, 19~0. City of Delray Be~ch City Hall Delray Beach~ Florida. Attention: City Manager Dear Sir: I herewith am returning notices of taxes due as I do not consider that my property is any longer in Residence Zone A. Upon my return this fall~ I found a "building" had been placed directly across the street from my house which I do not think belongs in this zone. I made no immediate complaint since I naturally assumed this building to be a contractor's shed and that a house was to be built on this property. I am not too well posted on the different zones but before making any more improvements on my house~ I would like very much to know what guarantee I have that my property will remain in "A" zone. In the sunm, ler I am away from Delray for about four months and upon ~ return I would hate to see a hot-dog stand or some similar building next to my door. As I have a chance to sell my home~ I will appreciate an early reply. Yours very truly~ (Signed) ~.J.Speelman. After consideration~ a motion was made by Co~u~cilman Jacobs~ that the City Attorney be instructed to write a letter to ~.F.H. Link~ asking him to move the shed on Lot 2~ Block ~ Del Ida Park within a reasonable time~ to conform with zoning regulations. The motion was seconded by Councilman Saunders~ and carried unanimously. The Clerk was instructed to return 19~0 tax bills to Mr. Speel- man~ assuring him that there is no change in zoning contemplated in that vicinity. A letter from ~. L.S.Dinsbier~ offering to deed to the City a 20' right-of-way at the corner of S.E.7th Ave. and ~th St.~ was read as follows: LESLIE G. DINS~IER Attorney and Counselor at Law Theatre Building East Aurora~ N. Y. November lst~ 19%0. City of De!ray Beach~ Delray Be~ch~ Florida. Gentlemen: A few years back I owned some property on the South- east Fourth Street from the Federal to the Canal. I have sold this property with the exception~ I believer of a 20 or ~0 ft. strip which I believe is now being used as Seventh Avenue from Southeast Fourth Street north to the north line of the property which I o~,med. I realize this is in the street and is of no benefit to me and if the city would be interested in accepting a deed at no expense to me I would be ~lad to turn it over to them at no charge. Awaiting word from your I am Very truly yours~ (Signed) Leslie G. Dinsbier. Upon motion of Councilman Saunders~ seconded by Council- man Roth~ and unanimously carried~ the above offer was accept- ed by the Council~ subject to approval and proper negotiations by the City Attorney. A letter from the Golf' Committee was then ready as follows: Joe Rose Motors Telephone 426 Delray Beach~ Florida. October 2[th~ 1910. A request for equipment~ Mr. Black~ Dear Sir: The golf committee is very much in need of a new truck~ open bod~ on 1½ ton chasis. Also the tractor is too light for the job it has to do. We feel that t~e city would save money with this new equipment~ and do a much better job on the new course. Thanking you again~ (Signed) Joe Rose. //~ il/14/~o It was explained by the City Manager that the current year's budget for the Golf Course included ~3~000.00 for new equipment~ and that a new truck is badly needed~ preferably a 1~ ton chasis cab with platform bed~ and also a Ford type tractor~ as the Worth- ,ington Tractor they are using is too small. After discussion by the Cot~cil~ a motion was made by Council- man Saunders~ seconded by Councilman Roth~ that the City Manager be authorized to advertise for bids on a truck on!y~ at this time. Upon call of roll the motion carried unanimously. The meeting then adjourned. (Si~nqd) Rut~ ,B~ S~i_t_th City Clerk"