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11-28-50 NOVEmbER 28TH, 19~0. Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at ?:30 p.m. with Mayor John N. Kabler in the Chair, and City Attorney Jo~hn 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 2~th~ November ?thy 14th~ l?th~ 18th~ and 21st~ were approved as written. City Manager Black explained a request by th~ Exchange Club~ sponsors of a Circus to be held on March 19~ 19~1 for the benefit of the Seacrest High School Band~ to use the Gladioli Fair ~ and also that the license fee be waived. Grounds for tn.~ Circus~ After consideration by the Coomcil, a motion was made by Councilman Holland~ seconded by Councilman Saunders~ that the Ex- change Club be granted permission to use the Gladioli Fair Grounds for their Circus, and that the license fee be paid, and later re- turned to them as a donation by the City~ providing the Fair Grounds are left in a clean condition. Upon call of roll the motion carried unanimously. Mr. Arthur A. Harcus~ Auctioneer~ again appeared before the Council to request the reconsideration of an amendment to the Ordinance regulating Auction Sales to extend the closing hour to ll o'clock p.m., which the Council voted against on November 14th. He stated that other merchants near his location would like to stay open if he did~ and they would all profit by his business. He agreed to abide by all other provisions of this 0rdinance~ if allowed to remain open during the evening. Mr. Marcus further stated that he had spent a great deal of money with local merchants for signs~ fixtures~ electrical work~ etc~ to improve the building and the lighting of his store~ that he did not intend to open his business for this season only~ but planned to stay in business~ and build his home here. Mayor Kabler, and Councilmen Roth and Saunders had not changed their opinion as to refusing to amend the Ordinance to extend the closing time to ll o'clock~ Councilman Jacobs was will- ing to grant Mr. Marcus' request~ but Councilman Holland felt that the Ordinance is strictly discriminatory and illegal~ that if an Auction Sale is allowed to be held until 8 o'clock it should be allowed ~mtil ll o'clock~ especially in view of the fact that Mr. Marcus had agreed to comply strictly to the provisions of the Ordinance. As three Councilmen had expressed their unwillingness to grant Mr. Marcus' request~ there was no further action taken. Attorney J.W.Nowlin appeared b~fore the Council~ asking the approval of a replat of Martha's Vineyard Subdivision, lying between N.E.6th and 7th Streets~ between 8th Ave. and Palm Trail. He explained that the original plat showed six lots with a ~0' street running through the center~ from east to west. Since i?.E.6th Street has been paved from 8th Ave. to Palm Trail~ this Street is not needed~ and the owner has replatted her property showing eight lots with a ~' utility easement east of the lots which front on $th Ave. Upon motion of Councilman Saunders: seconded by Council- man Roth and unanimously carried~ the replat of Nartha's Vineyard was approved as submitted. Proof of publication of Invitation to Bid on furnishing one 1A s Ton Heavy Duty Truck for the Golf Course~ was presented by the Clerk and read as follows: 11/28/50 Two bids were received in response to the above notice~ which were read as follows: November 25, 1950. City of Delray Beach Florida Gentlemen: We submit herewith the following bid: i - l½ Ton Heavy Duty 1951 Chevrolet Truck with 750-20 8 Ply Tires~ 9 Ft. Steel Alloy Platform Body~ 7" hoist~ l0 Guage Steel on Platform~ Stake Sockets Sides and Ends. We will deliver truck for $14~0.50 Body Installed 720. Total $2170.50 Very Truly yours~ ADAMS CHEVROLET COMP~,~Z (Signed) By A.J.Adams. 28 November, 1950 City of Delray Beach~ Delray Beach~ Florida. Gentlemen: We will furnish to the City of Delray Beach one new 6 cylinder 13~" WB, 95HP, l½ Ton Cab & Chassis with 9' steel platform body complete with 7" double arm hoist~ helper springs, 7~0 8ply tires front and dual rear, oil bath air cleaner~ Oil filter and rear view mirrow for the sum of TWO THOUSAND T~=~tEE HUNDRED SEVENTY FIVE DOLLARS. It has been our experience that with a body 9' long that a 7" hoist will operate and give more satisfactory service than will the 6" hoist. Should you desire 8 cylinder Ford motor add ~31.00 to the above price. Trusting that we may be favored with this order~ we are~ Yours very truly~ DELRAY BEACH MOTORS~ INC. (Signed) R.E.Lee~ Sales Manager. Upon motion of Councilman Saunders, seconded by Councilman Holland, and unanimously carried, the bid of the Adams Chevrolet Co. in the amount of ~2,170.50 was accepted, as the lowest and best bid. The following letter from the Zoning Board, with reference to a request filed by Jay R. Shattuck for a special permit to remodel and construct additions to the Beach Shack on So. Ocean Boulevard, without complying with front set-back requirements, was presented and read: 28 November 195© To the Honorable Mayor and Members of the City Council City of Delray Beach, Florida. Gentlemen: Your Zoning Board met in the City Manager's Office at lO:O0 A.M. November 22nd, 1950 with the following members present: Chairman Kenneth Jacobson~ King Cone and Garland Thayer. Others present were Mr. C.Y.Byrd representing Mrs. Edith G. Slane, Lawyer Jim Nowlin, City Attorney John Moore, City Manager Charles E.Black, Building Inspector Ralph Hughson, and Mr. Jay Shattuck. The meeting wax called to discuss further the request of Mr. Jay Shattuck to construct a two story building on the present found- ation of the temporary structure of the "Beach Shack" located on South Ocean Boulevard, in Ocean Park S/D, Lot 2, Block l~ property owned by Mrs. Edith G. Slane. This Foundation is on the Brockway Line at the west edge of the sidewalk and does not comply with 10' minimum set-back Ordinance. After much discussion, Mr.Cone recommended that the 10' minimum set-back Ordinance not be enforced in the Business Zone on the Ocean Boulevard when the owners of the effected property have agreed to accept the Brockway Line as the property line. The motion was carried with Mr. Jacobson voting in the negative due to the fact that the recommendation did not contain a clause limiting the Business District between definite points. Very truly yours, CITY OF DELRAY BEACH ZOilING BOARD (Signed) Helen Long By-Helen Long, Secretary When questioned as to the legality of a motion passed by two members of a five member Board, when only three members are present, City Attorney Moore advised that a majority of a quorum present can transact business. Mr. J.R.Shattuck again stressed the fact that this particular lot is shallow, that the taxes are high, being business property, and he felt they should be allowed to utilize the entire lot, as the highway is wide at this point and there is no pedestrian traffic. The Council discussed at length the recommendation of the Zoning Board to grant an exception to the 10' set-back on So. Ocean Boulevard, if the property owner of the affected property had signed an agreement to accept the new Brockway Line as the property line. The majority of the Council felt that it was their duty to consider what would be best for the City in the future, believing that if one exception were made it would be impossible to hold the Brockway line. Mayor Kabler agreed that the future of the City should be con- sidered, but he also felt that the City has a moral obligation to Mrs. $1ane, owner of the property, who has given land to the City. A motion was then made by Councilman Jacobs, that the above recommendation of the Zoning Board be disapproved. The motion was seconded by Councilman Holland, and upon call of roll carried, Coun- cilmen Holland, Jacobs, Roth and Saunders voting in favor of the motion, and Mayor Kabler not voting. The following Ordinance, pertaining to the sale of beer in packages, to conform to the same hours of sale as intoxicating liquors and wine, was brought up by the City Attorney, and read in full: After discussion by the Council as to the fact that this Ordinance would prevent Grocery stores from selling beer after 8 p.m., a motion was made by Councilman Roth that the proposed Ordinance be tabled. The motion was sec- onded by Cmmcilman Saunders, and upon call of roll carried unanimously. An Ordinance to amend the Occupational License Ordinance No. G-Ii with reference to fee to be charged for Laundries, was brought up for first reading, and read in full as follows: AN ORDINANCE OF THE CITY COUY~CIL OF THE CITY OF DELRAY BEACH~ FL0ttIDA~ REPEALING SECTION 17 OF ORDINANCE NO. G-ii, AND A~,.DdNDING SECTION 151 OF CHAPTER III OF THE CITY CODE OF THE CITY OF DELRAY BEACH~ ?LORIDA~ PERTAINING TO THE OCCUPA- TIONAL LICENSES FOR LAUNDRIES. Upon motion of Councilman Holland, seconded by Councilman Saunders, and unanimously carried, the foregoing Ordinance was placed on first reading. The following Resolution was presented bM the City Attorney, and same was read in full: RESOLUTION NO. 782 A RESOLUTION OF THE CITY COU/fCIL OF T~[E CITY OF DELRAY BEACH~ FLORIDA~ EXTENDING ITS APPRECIATION TO T~ BOND C0~.~[ITTEE AND TO H.A.HUBBARD~ YfH0 ABLY ASSISTED SAID C0~ITTEE IN EFFECTING THE BOND RE- FU~DING PROGRAM OF THIS CITY. %~fHEREAS: the City of Delray Beach, has, at the present time, $1,119~000 General Revenue Bonds outstand- ing, and ?~{EREAS~ the Council of this City appointed a Bond Committee composed of Charles A. Crane, B.C.Butler, and John Moore to investigate the feasibility of issuing re-funding bonds and PfHEREAS~ due to the diligence of said Bond Committee, which was ably assisted by H.A.Hubbard, valida- tion proceedings have been instituted to re-fund the present bonded indebtedness, and %fHEREAS~ it is estimated that a saving to this City of over one-quarter of a million dollars will result from said re-funding bond validation, NOW~ THEREFORE: BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: That this City hereby extends its sincere apprecia- tion to the bond Committee, and to H.A.Hubbard, for their ef- forts and diligence spent on the entire refunding program, and for the resulting saving to the City of Delray Beach, Florida. ADOPTED by the City Council at a regular meeting on this the 28th day of November, A.D.19~O. (Signed) .John N,Kabler Mayor ATTEST: (Signed) Ruth 2. Smith City Clerk (SEAL) Upon motion of Com~cilman Jacobs, seconded by Councilman Saunders, and unanimously carried, the foregoing Resolution No.782 was passed and adopted as read. An Ordinance to amend the Zoning Ordinance with reference to certain portions of The Village, was brought up for first reading, and read in full as follows: ORDINANCE NO. G- ll6 AN ORDINANCE OF THE CITY COUNCIL OF TtTE CITY OF DELRAY BEACH~ FLORIDA~ RE-ZONING PART OF BLOCK "C" FROM SPECIAL HOTEL AND APARTI~ENT ZONE TO LIMITED BUSINESS ZONES RE-ZONING PART OF BLOCK "N" FROM RESIDENCE "A" DISTRICT TO SPECIAL HOTEL f~ND APART- MENT ZONEsRE-ZONING PARTS OF BLOCKS "D" AND "M" FROM RESIDENCE "A" DISTRICTS TO SPECIAL HOTEL A~'~ APARTmeNT ZONES; P~E-ZONING PARTS OF BLOCKS "E" AND "L" FROM RESIDENCE "A" DISTRICTS TO SPECIAL HOTEL AND APART~.~NT' ZONESS ALL OF JOHN B. REID'S VILLAGE SUB-DIVISION IN THE CITY OF DELR&Y BEACH~ FLORIDA~ A~ PROVIDING A SEWERABILITY CLAUSE. Upon motion of Councilman Holland~ seconded by Councilman Roth, and unanimously carried, the foregoing Ordinance was placed on first reading. A Resolution authorizing the cancellation of 19~8 and 19~9 City taxes for debt service in Hofman Addition, which taxes were left off of the tax rolls in error, in cases where a certificate has been issued by the Tax Collector stating that all taxes had been paid, was presented by the City Attorney, and read in full as follows: RESOLUTION NO. 783 11/28/5o A RESOLUTION OF THE CITY COUNCIL O? THE CITY OF DELR.~Z BEACH~ FLORID&~ AUTHORIZING Tt£1 CITY T~( COLLECTOR TO C22'[CEL CERTAIN 1948 AND 1949 DEBT SERVICE T~-MXES AGAINST CERTAIN PROPERTIES IN HOF- ~N ADDITION SUB-DIVISION OF THE CITY OF DELRAY BEACH~ FLORIDA~ AND OTHER TAXES OR SPECIAL ASSESS- ~'~NTS UPON THE APPROVAL OF THE CITY CO~CIL. BE IT RESOLVED by the City Council of the City of Delray Beach~ Florida~ as follows: SECTION 1: That the City Tax Collector is hereby authorized to cancel the 1948 and 1949 debt service taxes levied against property in Hofman Addition Sub- Division of the City of Delray Beach, Florida, where the City has issued a certificate reflecting that the 1948 and 1949 debt service taxes have been paid~ and the person re- ceiving such certificates has, in good faith, acted upon the same to his detriment. SECTION 2: That~ upon the approval of the City Council, the City Tax Collector shall cancel any tax or special assess- ment levied against properties in the City where the City iss- ued a certificate reflecting that there were no unpaid taxes or special assessments upon such property and the person rec- eiving such certificate, has acted, in good faith~ upon the same to his detriment. ADOPTED by the City Council of the City of Delray Beach, Florida, on this the 28th day of November, A.D.19[O. (Signed) John N. Kabler Mayor ATTEST: Ruth R. Smith City Clerk (SE L) A motion was made bM Councilman Jacobs, seconded by Coun- cilman Saunders, that the foregoing Resolution No.783 be pass- ed and adopted as read~ and upon call of roll the motion carried unanimously. Mr. H.Ben Adams then presented a certificate which had been signed by the Tax Collector in September 1947, stating that there were no delinquent taxes or special assessments against lots 13 and 14, Block 82. He stated that he had since sold these lots~ and the new owner had recently been billed for a lot Clearing assessment dated September 26th, 1940. He asked the Council to cancel these assessments, as provided by Resolution No. 783. Upon motion of Councilman Jacobs, seconded b7 Councilman Saunders, and unanimously carried, the Tax Collector was inst- ructed to cancel the assessments for Lot Clearing against Lots 13 and 14, Block 82, as requested. City Attorney Moore advised the Council that Dr.Carper was ready to transfer title to the tract of land in Section 18, of approximately fifteen acres, to the City, as previously agreed, but he was not willing to furnish title insurance. After consideration, a motion was made by Councilman Holland authorizing the payment of title insurance covering this land, by the City, and completion of the transaction. The motion was second- ed by Councilman Saunders, and carried unanimously. A letter from Mr.S.J.Humphries, Division Supervisor for the Railway Express Agency, with reference to occupational license fee, for the current year, was read as follows: November 14, 1950. The City Council, City of Delray Beach, Delray Beach, Florida. Gentlemen: Representing Railway Express Agency, Inc. in the official capacity of Division Supervisor having jurisdiction over all of our offices South of Jacksonville on the Florida East Coast Railway, I request audience at your meeting of November 28th to petition the Council to re-amend its recently amended ordinance, raising our Occ- upational License Tax from ~0.00 to ~100.00, back to the ~0.00 figure. Our tax in your city has been increased 300% since 1946 while our business has fallen off in number of shipments handled 61%. Similar license costs at 13 other cities near the size of Delray Beach average only 836.6~ the highest being 8~6.25 and the lowest ~2N.O0. Nine of the 13 are larger in population than Delray Beach. Very truly yours, (Signed) S.J.Humphries~ Division Supervisor. 11/28/5'0 ,,/~,.~ M~. Humphries appeared before the Council with a list of figures prepared by his office~ comparing license fees charged in thirteen Tokens of thi~ size~ which showed fees charged were from ~2~.00 to ~6.2~, according to the popu- lation and amount of business in different Towns. He asked the Council to reduce the license fee to ~0.00, the amount of the fee last year. After consideration, a motion was made by Councilman Ruth, seconded by Councilman Jacobs, that the license fee for Express Companies be reduced to ~?~.00, and the City Attorney was instructed to prepare such amendment to the License Ordinance. Councilman Jacobs outlined to the Council a proposed Special Exhibits Booth to be set up at the Gladioli Fair, and offered to prepare an exhibit to depict the historical growth of the City by pictures of early settlers~ first buildings erected, and pictures of outstanding buildings at the present time. He would also prepare a political history of the City~ beginning with the incorporation of the Town in 1911~ the union with the To~na of Delray Beach~ and giving the names of the City officials for each year. He offered to assume responsibility for the preparation of this display in the City Booth~ and also to furnish copies to the Chamber of Commerce, 'the Library, the Y'ublic School Library~ and the Junior Chamber of Commerce. Upon motion of Councilman Holland~ seconded by Council- man Saunders~ and unanimously carried~ the Council authorized a City Booth as explained above, and placed Mr. Jacobs in charge. %Vith reference to the installation of additional street lights previously authorized by the Council, City Manager Black advised that in laying out this project the Florida Power and Light Co. had found that six of the lights would require an additional run of electric circuit beyond their 300' contract of amount to be installed without charge. This would amount to from ~3%.00 to ~7%.00 per light. Mr. Black explained that by installing additional lights in between the present lights and the lights authorized~ this additional charge would be saved, and the City would gain extra lights which will soon be needed. He filed a letter from the Florida Power & L~ght Co,, asking authorization for the installation of these'additional street lights, as follows: FLORIDA ~0~R & LIGHT COMPANY Delray Beach, Florida November 24~19~0 Charles E. Black City M~nager Delray Beach, Florida. SUBJECT: AUTHORIZATION FOR ADDItIONaL STREET LIGHTS. ! ll/aS/fO Dear Mr. Black: Referring to our conversation today relative to install- ation of additional street lights, wish to advise expense to the city will be eliminated if the following Authorizations~ as listed below~ are made; - S.M. IO Ave. and 1st Street - Need Authorization for One (1) Additional Light. S.W.12 Ave. and 1st Street - Need Authorization for One (1) Additional Light. N.W. 8 Ave. in front of Carver School-Need Authorization for Two (2) Additional Lights. N.W.~th Ave. & 3rd St.-Need Authorization for One (1) Addit- ional Light. N.W.2nd St. and N.W.13th Ave.-Need Authorization for Two(2) Additional Lights. S.E.lOth St. at 4th and 5th Avenues-Need Authorization for Three (3) Additional Lights. Trusting this is the desired information, Very truly yours, CHARLES SENIOR ~NAGER (Signed) By: Edith C. Crane Councilman Jacobs requested that a project also be prepared for the lighting of the south portion of S.E.3rd Avenue, which he and Mr. Black has inspected and approved. After consideration by the Council, a motion was made by Councilman Holland~ that the installation of additional lights as listed by the Florida Power & Light Co. be approved, together with street lights on the south portion of S.E. 3rd Avenue. The motion was seconded by Councilman Saunders~ and upon call of roll carried unanimously. Upon motion of Councilman Saunders, seconded by Councilman Jacobs, and unanimously carried~ gratis building~ plumbing and electrical permits were authorized for the colored American Legion for the construction of their building on Lots 23 and 24, Block Bt Westside Heights, which was leased to them by the City. A memorandum from the City Attorney, enclosing two bids rec- eived from Title Companies for abstracting the pending foreclosure list for the City, was filed as follows: ~MORAND~ TO THE CITY COUNCIL RE: City Tax Foreclosure abstracting costs. Gentlemen: This is to advise that I requested that the four Abst- racting Companies located in West Palm Beach, Florida, sub- mit sealed bids to the City of Delray Beach, advising the unit cost of abstracting the pending foreclosure list for the City of Delray Beach, Florida, specifying the parties to be notified and named in the foreclosure suit. Only two bids were received. They are attached hereto. Mr. Percy Hopkins, Vice President of the Palm Beach Abstract & Title Co. advised that he did not wish to make a bid because of possible entanglements with the Palm Beach County Bar Association. Mr. Rickards of the Security Abstract & Insurance Co. of West Palm BeaCh, Florida, advised that due to the pressure of business he was unable to submit a proposal to the City of Delray Beach as of 3 o'clock p.m., Wednesday, October 18th, 1950. The bids were opened by the undersigned, Mr. Black, the City Manager, and }~s. Deaderick, the Tax Assessor. I would recommend that the low bid per unit cost be accepted. Very truly yours J0~ MOORE City Attorney (Bids) GUARDIAN TITLE & ABSTRACT CO. 329 First Street West Palm Beach, Florida Telephone 2-02~9 October 16, 19~0 Mt.Charles Black, City Clerk Delray Beach, Florida. Dear Sir: In Your contemplated city foreclosures, we can furnish ! - fJ ll/2S/ 'O a search of title holders~ mortgagors~ mortgagees and lienors and any other persons who would have to be notified of the foreclosure proceedings for a per unit cost of ~' . Very truly yours~ (signed) Harold Ezzes, President. ATL2NTIC TITLE COMPANY 116 South Olive Ave. West Palm Beach~ Florida October 17, 19~0 Mr. Charles Black City Manager Delray Beach~ Florida. Dear Sir: Mr.J.M.Moore~ City Attorney has advised us that information is required in connection with a proposed foreclosure of delin- quent tax certificates and it is necessary that he be furnished with the name of apparent record title holder, and also a list of the liens~ which have been filed for record~ affecting some 175 parcels of land. We will be willing to furnish such information~ based upon our charge of $7.%0 per parcel and our search will include the name of the record title holder and all liens of record affect- ing said lands except for taxes and improvement liens. Our search will not be certified, nor be construed in any way to represent an opinion of title. Respectfully submitted~ (signed) Walter W. Percy~ Vice President A motion was made by Councilman Saunders, that the low bid of the Guardian Title and Abstract Co. of West Palm Beach~ as low bidder at $3.~0 per description, be accepted. The motion was seconded by Councilman Holland~ and upon call of roll carried unanimously. A request by Byrd & Whitley~ for the rezoning of the East 200' of the N ½ of Lot 28~ Section 9~ fronting on Ocean Blvd. at N.E.$th Street~ was referred to the Zoning Board for recommendat- ion~ upon motion of Councilman Saunders~ seconded by Councilman Holland, and unanimously carried. Copy of the request follows: BYRD & WH I TLEY Attorneys at Law Byrd Building l0 S.E.4th Ave. DELRAY BEACH~ FLORIDA September 13, 1950 The Honorable Mayor and City Council~ Delray Beach, Florida. Re: The East 200 feet of the North half of Lot 28, Section Township 46 South~ Range 43 East. Gentlemen: The East 200 feet of the North half of said Lot 28 fronting 200 feet on the south side of Eighth Street and 135 feet on the west side of Ocean Boulevard is zoned as Residence "A" District. On behalf of our client, Mt.Paul J.Glanton~ owner of said property~ we hereby request the City Council to re- zone same from Residence "A" District to Apartment House District. As you !auow, Eighth Street between Federal Highway and Ocean Boulevard has, by legislative enactment, been made a State Highway and the approaches to the new Eighth Street Bridge, Eighth Street between Federal Highway and the Ocean Boulevard has become one of the principal and busiest traffic arteries in the City, and it is reasonable to expect that the volume of traffic over this street will continue to increase. We respectfully submit that it is not logical to main- tain Residence "A" zoning on property located at the inter- section of two state highways--one of which carries all of the traffic over one of the only two bridges available in this area. It is our position that the character and status of the property adjacent to Eighth Street, between Federal Highway and Ocean Boulevard~ has so completely changed since the opening of the Eighth Street bridge that it is inconsis- tent to attempt to continue Residence "A" zoning district on any of said property. 11/28/5o Your attention is also invited to the fact that except for the two hundred feet immediately west of Ocean Boulevard all other property along Eighth Street~ from Ocean Boulevard to the Federal Highway~ is zoned for apartments or business. It is obvious that changed circumstances and conditions have rendered the 200 feet along Eighth Street~ adjacent to Ocean Boulevard~ undesirable as Residence "A" property~ that it cannot be sold or improved for that purpose~ and that the pract- ical result of such zoning is to actually make said property not usuable~ not salable and valueless. In view of the above it is respectfully requested that the East 200 feet of the North half of Lot 2!3 be rezoned from Resi- dence "A" District to Apartment House District. We will be glad to appear before you or the Zoning Board at any time for the purpose of making a further presentation on behalf of our client. Very truly yours~ BYRD & ~{ITLEY (Signed) By: Rhea Whitley P.S. We will be glad to forward our check for any charges in connection with the consideration of this application. R.W. The meeting then adjourned. Ruth R, ~mit~ .... City Clerk