02-08-49 FEBRUARY 8TH, 19&9
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 J. L. Saunders in the chair,
and City Attorney John Moore, City Manager Charles E. Black and the following
Councilmen present: L. H. Brannon, John N. Kabler, Neil E. MacMillan and
Walter A. Roth, a quorum being present.
Ur. Charles W. Vogler, representing the Delray Beach Riding Club, of which
he is a member~ addressed the. Council and explained that their organization is
imcorporated as a non-profit corporation. He presented a copy of their Charter
for verification by the Council. He stated ~hat they have approximately forty
members whose object is banding together was to promote interest in horseback
ri~.~ng among residents and visitors, and to provide opportunities for engaging
in this healthful, wholesome sport.
In promoting this worthwhile objective, they believed they had made a sub-
stantial contribution to the recreation opportunities of the community, thus
making Delray Beach a more desirable place for a home or vacation stay. These
recreation activities oF the Club have not required e~pensive investments on
the part ~ the tax-payers as have many other worthwhile sports activities.
Dr. VoEler further stated that in line with their purposes, on January 30,
19~9, the Club sponsored a Horse Show in the City Park under the direction of
Col. Z~ck Miller of the world-famed lO1 Ranch. More than 1200 residents and
visitors enjoyed this unique show. For the Hundreds of children who were present
it was probably the high point of the winter' s recreation events. This type of
enertainment is expensive to provide, he explained, and altho,3gh it returned no
profit to the Riding Club, th~ undertakL~g was worthwhile for the pleasure it
brought to the spectators, and the interest in riding and appreciation of horse-
manship which was aroused.
The members of the. R~ng Club wished to express regret that some in authority
seemed to wish to make a political football of tl~eir wholesome, activities. They
likewise deplored the type of journalism displayed by one cf the. local papers in
reporting a portion of this apparent controversy in which they had been inadvert-
ently involved. He resented any implications whatsoever which reflect unjustly
upon the Riding Club.
Dr. Vogler also stated that in view cf the community benefit from the Riding
Club's recreation Mrogram, they respectfully requested the City Council to follow
its usual custom and remit to the Club the $ 30.00 license fee which it paid in
connection with the Horse Show mentioned.
Upon motion cf Councilman Brannon, seconded by Councilman Roth, unanimously
carried, a refund of the. $ 30.00 license fee paid by the. Riding Club was authorized.
City Attorney Moore advised t~ Council that he had received a list of prop-
erties on which delincuent taxes will be foreclosed shortly. The property involYad
primarily is property bought through the State of Florida, on which there are un-
paid City taxes going back to 1926 or before. In figuring interest at the usual
rate, it would amount to more than the total taxes in most cases. He asked the
opinion of +dae Council as to using the same method of figuring interest as used on
the previous foreclosure list up to a certain time. This in his oninion would
benefit the City more and save forecl~ing on the. property.
After consideration, a motion was made by Councilman MacMillan, seconded by
Councilman Kabler, that the interest on delinquent taxes and liens be figured on
the same basis, and ~he same time limit be allowed for payment, as used on the
last foreclosure list. Upon call of roll the motion ca~ied unanimously.
FEBRUARY 8TH, 19;~9
City-Attorney Noore. then retired from the meeting to attend a meeting being
held by the Charter Committee.
Councilman Roth recommended that d].rectional signs be placed on Atlantic Avenue
and at the Post Office corner, directing people to the Post Office, in order to
relieve the blocking of traffic.
The question of appropriate signs directing tourist to the Beach as well as to
the Post Office, b~!ng placed along the highway and &tlantic Avenue was discussed.
Nr. Evensen, Secretary of the Chamber of Commerce offered to consider the matter
with his Board of Directors, and also to assist City Manager Black in making a
survey to determine what procedure Would be best to direct visitors in the town.
Upon recommendation of Nayor Saunders, and approved by the Council in a motion
by Councilman Brannon, seconded by Councilman Roth, Mr. Kabler was appO~:minted to
serve on the Gladiola Festival and Fair Committee as a representative of th~ City
Council.
The following letter from the South Florida Gladiola Festival and Fair Assoc-
iation, Inc., was presented by the City Nanager, and read in full:
"8 February 19&9
Nayor and City Council,
Delray Beach, Florida
Gentlemen:
The South Florida Gladioli Festival and Fair Association wishes to take this
means to again thank the City of Delrsv Beach for the splendid cooperation and
consideration shown to us last year during the Fair, Because of your help, we
were able to produce for Delray Beach a program of great value both to our City
and South Florida.
We hope the coming Fair will surpass the. former in educational advantages,
enertainment and exhibits and trust that you will be able to furnish us with the
same wholehearted cooperation and assistance, thus assuring the public that the
City of Delray Beach is behind this Association in this worthwhile undertaking.
With your help, we will again succeed.
Re spa ct fully,
(S~igned) R. C...Lawson
President, South Florida
Gladioli Festival and Fair
RCL/gml Association, Inc."
~r. Black explained that the land had already been cleared for the Fair by the
City, the same as was done last year. The City had furnished two special police
for night duty last year to Euard exhibits and grounds after the close of each
session until mc~ning, at a cost of $ 100.OO.
A motion was m~de by Councilman MacMillan, seconded by Councilman Kabler, that
the letter be answered, expressing the Council's gratitude to the Association for
their services, and pledging 100% cooperation within the limits of their ability.
Upon call of roll the motion carried unanimously.
FEBRUARY 8TH, 19&9
A letter from the Delray Beach Public Library Association was then filed
by the City Manager, and read as follows:
"February 8, 1949
~h'. Charles E. Black
City Ma nager
City Hall
Delray Beach, Florida
Dear Mr. Black:
Sometime ago we discussed the problem of moving the Library' s' books and
furnishings to one of the J. B. Reid stores in the Village. The building in
which we are moving is the one immediately east of the Kiddy Kampus shop. It
will be necessary to effect the moving on Tuesday, February 15th.
Therefore, we are calling upon your kind cooperation to furnish as many men
as possible in order ~hat this job may be done in a short time. We would apprec-
iate it, very much, if you could have a crew at the Woman's Club Building around
8 A. N., Tuesday, Feb~.uary 15th. Mr. Hubbard has arranged ~ith Mr. Garner to
use one of his trucks.
We hope that this is not an imposition and we are sure that you realize the
difficulty we are in at this time. I would appreciate it if you would give me ~
a ring, confirming your willingness to help us on the 15th, or let us know if
this is impossible so that we can select another day. We must be out of the
Woman' s Club Building by the 17th and leave it broom-clean condition.
Than]ling you for your cooperation, I am,
Very sincerely yours,
DET~RAY BEACH PUBLIC LIBRARY
ASS OCIATION
(Signed) John A. Thayer,
JAT: cbm President"
The request was referred to the City Manager, with instructions to provide
labor and equipment needed and use prison labor if possible, with one or two
City men, and to work it out as economically as possible.
A communRcation from Mr. M. Ross Watson, with reference to the frame construc-
tion shed on the Galloway property on East Atlantic Avenue, was ~ad by the City
Manager as follows:
"January 29, 1949
~r. Charles Black, City Manager
City Hall
Delray Beach, Fla.
Dear ~r. Black:
Replying to your favor of January 26th concerning our construction shed on ~r.
Galloway' s property on East Atlantic Avenue.
FEBRUARY 8~, 19&9
This shed was erected and building permit was taken out for the construction
of proposed moving picture theatre and stores by Nr. Galloway sometime during this
year of 19&8, however, due to no fault of Ur. Galloway or myself, construction of
these buildings has been postponed and such postponoment has caused considerable
expense to Mr. Galloway.
This matter has been thoroughly discussed and it is hope that construction can
be started on the proposed buildings within the next thirty days, if not, it is
anticipated by both Ur. Galloway and myself, that we will have more definite plans
concerning this proposed construction on February 26th, which is about thirty days
fr~n this date. You may expect to hear from us as to exactl.v what it is believed
Will be and can be dor~.
After all, both Mr. ~atloway and the writer have devoted considerable time and
money to this problem and are more anxious to carry it through to completion on a
satisfactory basis to the City and the citizens than anyone else here. We feel
quiet sure that we can expect and hsve the City authorities' cooperation in our
efforts to create something wbrth.'While and so badly needed as a moving picture
theatre. I believe and hope that the above arranqement is in accord with your re-
suest of January 26th and will meet with your approval, as certainly the City nor
the citizens want to throw any more expense on ~Ir. Galloway nor do anything but
help towards such a worthy project.
Yours very truly,
URW:jeh (Signed) ~.~. Ross ~atson
co: Ur. James Galloway
Delray Beach, Fla."
After consideration by the. Council, action was deferred on the Council's re-
Guest that the building be removed, for the present tim.
City Manager Black then advised the Council that he had an application from
a young .man for a position, to transfer plans of construction during 19&8 to the
assessment sheets, and also to make spot surveys and checks of dimensions, etc.
for assessment records. He would not make any assessments, merely provide footage
figures f~ assessment purposes, Nr. Black estimated it would not take over one
month, and no salary had been discussed. As the Council had voted to have the
Tax Advisory Board hear complaints during the month of Narch, this information would
be necessary f~r them to kmve by that time.
After ~urther discussion by the Council, a motion was nade by Councilman Brarmon
seconded by Councilman Roth, that th~ City Nanager be authorized to make this employ-
ment, if~ after going further into the cost, and the benefit to be expected from
the service, he finds it necessary and feasible. Upon call of roll the motion carried
unanimously.
A jaint meeting of the Council and the Golf Committee was scheduled to be held
in the City Nanager's office at 7:30 P. N. on Tuesday, February 15th, to discuss
future operating policies at tb~ Golf Course.
The following Ordinance was then brought uo for first reading and same was read
in full:
FEBRUARY 8TH, 19A9
AN ORDINANCE OF THE CITY 00UNCIL OF ~E CITY OF DELRAY BEACH, FLORIDA
REQUIRING ALL BUILDINGS IN ALL BUSINESS ZONES BE SET BACK A MINI~U~
OF TEN FEET FROM THE RIGHT OF WAY LINE OF ABUTTING ARiD IN~DIATELY
ADJACENT STREETS; PROVIDING, HO~q~VER, THAT SUCH SETBACK REQUIRE%~NTS
SHALL NOT APPLY TO ATLANTIC AVENUE, SIXTH AVENt~ (U. S. Highway No. 1)
BRONSON AVENUE, Sf~iNA AVENUE, PALM AVENUE AND PAL~ STREET.
A motion was made by Col~cilman Brannon, seconded by Councilman Kabler,
that the foregoing Ordinance be placed on first reading, and upon call of roll
carried unanimously.
An Ord'~nance to ~mendt ~the Zoning Ordinance, pertaining to side yard and
set-back requirements, was brought up for first reading, and read in full as
follows:
AN ORDINANCE ~F THE CITY OOUNCIL OF THE CITY CF DELRAY BEACH, FLORIDA
AMENDING PARAGRAPH l, SUB-SECTION 3, OF SECTION 5 OF CHAPTER XX IN~ THE
CITY CODE OF DELRAY BEACH, FLORIDA, PERTAINING TO SIDE YARD A~) SET
BACK REQUIREMENTS.
Upon motion of Co~ncflman MacMillan, seconded by Councilman Kabler, ~nan-
imously carried, the foregoing Ordlrmnce was placed on first reading.
An Ordinance to amend the Liquor Ordiuance, with reference to the filing
of aoplications for licenses to sell liquor, beer or wine, was oresented for
first reading, and same was read in full:
AN ORDINANCE CF THE CITY COUNCIL OF THE CITY CF DELRAY BEACH, FLORIDA,
AME~OING SECTION 6 OF CHAPTER 8 OF qHE CITY CODE OF SAID CITY PERTAINING
TO APPLICATIONS FOR INTOXICATING LIQUORS, WINES, AND/OR BEER.
A motion was made by Councilman Kabler, seconded by Councilman Brannon,
that the foregoing Ordinance be placed on first reading, and upon call of roll
carried unanimously.
In a motion by Councilman Brar~non, seconded by Councilman Kabler, unanimously
carried, a license to sell beer and wine at the Ben Air Hotel was approved,
subject to the approval of the City Attorney, and. verification of the distance
from the Public School property.
Proof of publication of notices calling hearing for objections to the con-
firmation of assessment rolls on the paving of Gleason Street between Ingraham
and Shulson Streets, and th~ 8onstruction of storm drains, were filed and spread
upon the minutes as follows:
~FFIDAVIT OF P~BLICATION
DE!RAY MEACM NE~,~
P ub'tished Weekly.'
Delray Beach, Palm Beach County, Florida
STATE OF FLCHIDA
COUNTY CF PALM BEACH
Before tae undersigned authority personally appeared WillY. am K. Morrison
FEBRUARY 8TH, 191~9
who on oath says that h_~e is publisher of the. Delray Beach News, a weekly newspaper
published at Delray Beach in Palm Beach Comnty, Florida; that the attached copy
of advertisement, being a Notice of Assess.~nt Roll in the matter of City of Delray
Beach was published in said newspaper in the issues of Jan. 28. Feb. 2. 19~9.
Affiant further says that the said Detray Beach News is a newspaper published
at De!ray Beach, in said Palm Beach County, Florida, and that the said newspaper
has heretofore been continuously published in said Palm Beach County, Florida, for
a period of one year next preceding the first pub].ication of the attached copy of
advertisement; and affiant further says that h_~e has neither paid nor promised any
.person, firm or corporaf~on any discount, rebate, commission or refund for the
purpose of securing this advertisement for publication in the said newspaper.
(Signed) Wi!l. iam K. Morrison
Sworn to and subscribed before me this 8t__~h day of February , A. D., 19~9.
(Signed) Kathryne P. Norrison
Notary Public, State of Fl~dda
at Large. My commie§ion expires
July 27, 1952.
Bonded by American Surety Co.
SEAL" of N. Y.
NOTICE
All persons who may be interested in the oroperty affected by the Assessment
Roll as set forth below are. hereby notified that the City Comacil of the City of
Delray Beach, Florida, has examined and approved said Assessment Roll, and that
said Ci.ty Council will sit on the 8th day of February, 19&9 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 Assessm~.nt Roi1.
RUTH R. SMITH, City Clerk
ASSESSMENT ROLL '
Paving Improvement on Gleason Street between Ingraham and Shulson Streets,
Delray Beach, Florida
Des cription Front As se s sment Total
Footage Per. Ft. Assessment
N ½ of Muck Lot 159, less the S 100' 2OO' ~ 2.36509 $ ~73.O2
~ 100' of N ~ of Muck Lot 159 100' " 236.51
Lot l, less N 5', Wheatley Sub. 90' " 212.86
Lot 12, Wheatley Sub. 95' " 22/,.6~
Lot 13, less N. 5' Wheatley Sub. 95' " 22&.68
S 100' of Ocean Beach Lot 28,1ess E 210' 100' " 236.51
E. 30' of Lot ll, Nassau Park 100' " 236.51
E. 30' of Lot 10, Nassau Oark 100' " 236.51
W. 8&.&6' of Ocean Beach Lot 26 130.38' " 308.36
Ocean Beach Lot 25 159.&' " 377.00
TOTAL. $2,76g. 6~
Jan 28 and Feb 4
FEBRUARY 8TH, 1949
AFFIDAVIT OF PUBLICATION
DEFRAY BE ~ CH NEWS
~ublished Weekly
Delray Beach, Palm Beach County, Florida
STATE OF FLOR~A
COUNTY OF PAD~{ BEACH
Before the undersigned authority personally appeared William K. Morrison
who on oath says that h_~e is pGblishe~ of the Delray Beach News, a weekly news-
paper published at Delray Beach in Palm Beach County, Florida; that the attached
copy of advertisement, being a Noti ce of Assessn~nt Roll in the matter of City
df Delray Beach was published in said newspaper in the issues of Jan. 28, Feb.
19 +9.
Affiant further says that the said De]may Beach News is a newspaper published
at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper
has heretofore been continuously published in said Palm Beach County, Florida.,
each Friday arm has been entered as second class mail matter at the post office
in Delray Beach, in said Palm Beach County, Florida for a period of one year next
preceding the first publicatiSn of the attached copy of advertisement.; and
affiant further says that h_~e has neither paid nor promised any person, firm .or
corporation any discount, rebate, commission or refund for the purpose of securing
this advertisen~nt for publication in the said newspaper.
(Signed) William K. Morrison ....
Sworn to and subscribed before me this 8th day of February, A. D., 1949.
(Signed) Kathryne P. Morrison
Notary Public, State of Florida
at Large, My commission expires
July 27, 19~2. Bonded by
(SEAL) American Surety Co. Of N. Y.
NOTICE
Ail 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 8th day of February, 19~9
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.
RUTH R. SMITH, City Clerk
ASSESSMENT ROLL
Construction of Storm Drains on Gleason Street from Shulson Street to
Ingraham Street, and beginning oa Gleason Street and extending eastward on
Nassau Street a distance of 90 feet, and the installation of five necessary
catch basins in conjunction with such Storm Drains
FEBRU~RY 8TH, 1949
AS SESSI,~NT ROLL
De scription Front As se s sment Total
Footage ?er. Ft. Assessment
W 15' of Lot 5, All of Lot 6 and E
20' of Lot &, Nassau Park 70' $1,4&59 $ lO1.21
W 30' of Lot 9 a~d E 30' of Lot 10,
Nassau Park 92' " 133.02
W 38' of Lot 9 and E 30' of Lot 10,
Nassau Park 68' " 98.32
E 30' of Lot ll, All of Lot 12, and W ½
of Lot 13, Nassau Park 105' " 151.82
E ½ of Lot 13, All of Lot l&, and W ]3,.5'
of Lot 15, Nassau Park 89.5' " 129.~1
E 35.5' of Lot 15 and W. 19.5' of Lot
16, Nassau Park 35.5 "
Ocean Beach Lot 25 159.&' "
W ~&.~6' of Ocean Beach Lot 26 130.3~' " 18~.52
S 100' of Ocean Beach Lot 28, Less E.210' lO0~ " 1~.59
Lot l, less ~,7. 5' Wheatley Sub 90' " 130.13
Lot 12, Wheatley Subdivision 95' " 137.36
Lot 13, less N. 5', Wheatley Sub 95' " 137.36
TOTAL ~ .$ '~,633.55
Jan 28 and Feb &"
The following Ordinances, confirming assessment rolls on ~he above improv-
ements, were brought up for first reading, and read in full as follows:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY B~ACH, FLCRIDA, LEVYI~G THE ASSESSmeNTS AS
SHOWN BY THE ASSESSNENT ROLL SUBMITTED BY THE CITY
ENGINEER OF SAID CITY, CONCERNING INPROVE~NT BY
PAVING GLEASON STREET BE~:EN INGRAH~J,~ AND SHULSON
S TREE TS.
AN ORDINANCE OF THE, CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLCRIDA, LEVYING THE ASSESSS~NT ROLL SUBU_.ITTED
BY THE CITY ENGI~ER OF SAID CITY, OONCERNING THE IBPROVE'
~ENT BY THE CONSTRUCTION CF STOR~ DRA~S ON GLEASON STREET
FROM SHULSON STREET TO INGRAHAM STREET, AND BEGINNING ON
GLEASON STREET AND EXTENDING EASTWARD ON NASSAU STREET A
DISTANCE OF 90 FEET, AND "THE INSTALLATION OF FIVE
NECESSARY CATCH BASINS IN CONJUNCTION WITH SUCH ST!%RM DRAINS.
A motion was made by Councilman MacMillan, seconded by Co.~cilman Roth that
the forgoing Ordinance be placed on first reading, and upon call of roll the
motion carried unanimously.
Councilman Kabler suggested that bills be mailed to property owners advising
them that the liens could be paid in full now as well as in ten installments,
whereby they would save interest.
City Manager Black asked authorization of the Council to purchase 1/2
million cigarette stamps from the American Decalcomania Co. ~ 95¢ per thousand.
He explained that it takes several months to get delivery of these stamps.
FEBRUARY 8TH, 1949
A shipment of 1/2 million is due to be delivered in a few days, which were
purchased from the Meyer-Cord Co. $ $ 1.10 per thousand, which ~ill not last
for the remainder of the year.
Upon motion of Councilman Brannon, seconded by Councilman Roth, unanimously
carried, the City Manager was instructed ~-to place sa order for 1/2 million
cigarette stamps @ 95 ¢ oer thousand, as he recommended.
The press was asked to give some publicity to the danger of private cars
foll~ving fire trucks to a fire, as it causes serious traffic congestion, and
could result in less of life and property.
The following Resolution, ordering construction of street paving on N. W.
6th. Avenue, was presented and read in full:
RESOLUTION NO. 722
A RESOLUTION CF ?HE CITY ~COUNCIL CF THE CITY OF DE RAY BEACH,
FLORIDA, ORDERING THE CONSTRUCTION OF CERTATN STREET ]I~ROVE-
~EN~'WOR~ ON N. W. 6TH AVE~U]E, FROM ~?~ST ATLANTIC AVE, N[RE TO
N. W. 3RD STREET.
~HEREAS, the City Council of the City of Delray Beach, Florida, did on
the 25th day of January, 1949, adopt a Resolution ordering the City Engineer
to prepare plans and specifications for certain street improvement work, ~nd
did also adopt a Resolution on the 25th day of January, 1949, accepting plans,
specifications and estimate of cost of said improvement work, and ordered said
plans and specifications and estimate of cost thereof to be filed in the office
of the City Clerk, and a copy thereof to be filed in the office c~ the City
Engineer, and kept open for inspection by the public,
NOW, T~EREFORE, BE IT RESOLVED by the City Council of the City of Delray
Beach, Florida, that it has determined to make the following described improve-
ment which the City deems to be necessary for the. safety and 'conver~!ence of the
public, to-wit:
Grading and paving N. W. 6th Avenue, from West Atlantic
Avenue to N. ~. 3rd Street, to a width of twenty-two(22)
feet,
the total estimated cost of which improvement is $ 7,256.10.
BE IT FURTHER RESOLVED that the entire cost of such improvem~nt shall be
assessed against the following described property in Delray Beach, Florida:
East 75' ofS. 100( of Block l0
N. 35' of S. 135' of E. 75' of Block l0
N. 177' of S. 312' of E. 135' of" "
S. 50' of N. 300' of E. 135' of " "
S. 50' of N. 250' of E. 135' of " "
S. 50' of N. 200' of E. 135' of " "
S. 30' of N. 150( of E. 135.6' of" "
S. 30' of N. 120' of E. 135.6' of" "
S. 30' of N. 90' of E. 135.6' of " "
S. 30' of N. 60' of E. !~5.6' of " "
N. 30' of E. 135~6' of Block 10
FEBRUARY 8TN, 19A9
S. 1/2 Of o. 1/2 of Block ll, less the W. 50' of S. 135'
N. 1/2 of S. 1/2 of Block ll
Lot 50' x 100' in S. E. corner of N. 1/2 of Block ll
S. 50' of N. 256' of E. 153' of Block ll
S. 53' of N. 206' of E. 153' of " "
E. 85' of S. 170' of N. 1/A of " "
E. 85' of S. 220' of N. 1/d of " "
N. 1/2 of Block 11, less the W. 200' of N. 135', and less W. 135' of
N. 153', and less the E. 85' of the N. 1/~ of Block
Lot 1, Block 12 Lot 16, Block 12
Lot 12, " " Lot 17, " "
Lot 13, "~" Lot 18, " "
Lot 14, " " Lot 19, " ~"
Lot 15, " " Lot 32, " "
W. 50' of S. 150' of Block 18
N. 50' of S. 200' of W, t55' of Block 18
N. 50' of S. 250' of W. 135' of " "
S. 50' of N. 362' of W. 135' of " "
N. 50' of S. 350 ~ of W. 135' of " "
S. 100' of N. 362' of W. 135' of " "
S. 50' of N. 162' of W. 135' of " "
S. 62' of N. 112, of W. 152' of " "
W. 100' of N. 50' of Block 18
S. 66' of W. 135' of Block 19
N. ~0' of S. 106' of W. 135' of Block 19
S. 50' of N. 200' of S. 1/2 of " "
S. 100' of N. 150' of S. 1/2 of " "
N. 50' of S. 306' of W. 135' of " "
Lot 16, Block l~
Lot 15, Block 19
Lot l&, " "
Lot 13, " "
Lot 12, " "
Lot ll, " "
Lot 10, " "
Lot 9, " "
N. 50' of W. 135' of Block 20
S. 50' of N. 100' of W. 135' of Block 20
S. 50' of N. 150' of W. 135' of t, ,,
S. 50' of N. 200' of W. 135' of " "
S. 50' of N. 250' of W. 135' of '" "
S. 50' of N. 300' of W. 135' of " "
N. 38' of S. 297' of W. 135' of " "
N. 50' of S. 259' of W. 135' of " "
N. 7~' of S. 209' of W. 135' of " "
W. 155' of S. 137.5' of Block 20
said benefits to be determined and prorated according to the front footage of
the respective properties as set forth i.~mediately above.
FEBRUARY 8TH, 19&9
BE IT FURTHER RESOLVED that said special assessments against the lots and
lands set forth immediately above which are specially benefitted, shall be and
remain liens superior in dignity to all other liens, except liens for taxes,
until paid, from the date of the assessment upon the respective lots and parcels
of land assessed and which shall bear interest at the rate of
annum, and which may be paid in ten equal yearly installments with the accrued
interest on all deferred payments. Payment shall be made at the same place that
taxes are payable to the City of Delray Beach, Florida, are paid; namely at the
office of the City Tax Collector, and upon the failure, of any oroperty owner to
pay any annual installment due, or any part thereof, or any annual interest upon
deferred payments, the City of Delray Beach may bring necessary legal proceedings
by a Bill in Chancery to enforce payment thereof with all accrued interest, to-
gether with all legal costs incurred, including a reasonable Attorney's fee. The
total amount of any lien may be paid in full at any time with interest from the
date of assessment.
IT IS O~DERED that the foregoing Resolution be published two times in the
Delray Beach News, a newspaper published in the City of Delray Beach, Florida.
ADOPTED by the City Council of the City of Delray Beach, Florida, on this
the 8th day of February, A. D., 19h9.
(Signed) ~J. L. Saunders
President - City Council
ATTES T: APPROVED
(Signed) Ruth R. Smith (Signed) J. L. Saunders
City Clerk MAYOR
Upon motion of Councilman l~acNillan, seconded by Councilman Brannon, unan-
imously carried, the foregoing Resolution No. 722 was passed and adopted as read.
· The Clerk was ir~tructed to find out the amount of the base bid which would
be required to purchase the S. 50' of the N. 162' of the ~. 135' of Block 18,
which is now owned by t~ County, and will be assessable for its portion of this
street paving.
An Ordinance to regulate the conduct of auction sales in the City was brought
up for 2nd and final readirg, and read in fu].l as follows:
ORDINANCE NO. G-66
AN ORDINANCE OF TIE CITY COUNCIL OF ~HE CITY OF DELRAY BEACH, FLORIDA
PERTAINING TO AUCTIONS AND AUCTIONEERS, DEFINING SA~E; REQUIRING THE
POSTING OF A BOND ~HEREFOR, SPECIFYING ~E ~ANNER OF CONDUCTING
SALE, PROHIBITING AUCTION SALES IN CERTAIN PLACES AND ON CERTAIN HOURS
AND DAYS, REQUIRING A LICENSE THEREFOR, AN) REQUIRING THE YSABELING OF
EACH ARTICLE SOLD AND PROVIDING ~ PENALTY FOR VIOL~.TION ~EROF.
BE IT ORDAINED by the City Council of the City ~of Delray Beach, Florida, as
follows:
FEBRUARY 8TH, 19~9
SECTION l: AUCTIONEER DEFINED
For the purpose of this Ordinance, an auctioneer is defined to be any pers?n
who shall sell or offer to sell any goods, wares, or merchandise, livestock, vehicles
of any description or any personel property of whatsoever nature, or any real estate
or interest +Jnerein, at any store, stand or other place within the city by public
outcry for gain or profit, or who shall advertise, or in any way hold himself out
as an auctioneer for public patronage, or shall receive fees or commission for his
services.
SECTION 2: BOk~) REQUIRED.
Before any license is issued to any person to engage in the business of an
auctioneer, t~. applicant for such license shall execute and deliver to the city
a bond of a surety company authorized to do business in the State cf Florida in
the sum of one thousand dollars conditioned on the faithful observabe of the pro-
visions of this article by the applicant and approm~.d by t~e 0ity Counc il.
SECTION 3: EXCEPTION AS TO CARRIERS AND Wk~EHOUS~EN.
Nothing in this ordinance shall be construed to aoply to any common carrier or
public warehouseman selling unclaimed or undelivered freight or goods where the
same is held for freight or storage charges, or to aoply to any sale made under
the laws of the United States, the State of Florida or the City requiring or per-
mitting any. property to be sold at public auction.
, SECTION ~: NANNER OF CONDUCTING SALE.
Each article offered for sale at auction shall be sold as offered, if a bid
be made by more than one bona fide bidder, before another article is offered for
sale, and without an reasonable delay. No by-bidding by the owner, or anyone
acting for or representing the owner, shall be permitted to bid at any such auction,
and there shall be no reserved price on any such article; provided, however, that
seller may have a by-bidder or puffer, or a reserve price may be placed on any
article if such fact is mad~known to the bidders when such article is offered for
sale at auction.
SECTION 5: SALES IN STREETS AND PUBLIC PLACES PROHI~ITED:
It shall be unlawful for any auctioneer or other person to offer for sale,
or sell at public auction or public outcry, any goods, wares or merchandise or any
livestock or vehicles of any description, or any other oersonal property, or any
real estate or interest therein, upon any street or oublic place ~.n the city.
SECTION 6: APPLICABILITY OF ORDINA~CE:
This ordina~ce shall aoply to all sales at public auction of diamonds or any
other orecious and semiprecious stones or imitations thereof, watches, clocks,
jewelry, gold, silver plated ware, glassware, or leather ~ods, china, porcelain
and art objects conducted in the city, by any person, except as hereinafter oro-
vided and shall apply regardless of whether the goods and wares so offered for
sale are in fact the property of those offering them for sale at public auction
or the property of others for whom the auctioneers act as agents; provided however,
that nothing contained in this Ordiaa~ce shall apply to judicial sales by any ex-
ecutor or administrator, nor the sale by the holder of personel security render a
contract allowing public sale in default of nayment of debt.
FEBRUARY 8TH, 19&9
SECTION 7: LICENSE -- REoUIRED.
Any person in the city engaged in the business or occupation of operating
and conducting an auction shop and desiring to offer for sale any of such goods,
wares or merchandise at public auction, enumerated in Section 6 hereof, shall
obtain a license from the tax collector of the city allowing and permittir~g
such person to coaduct such auction sale within the city.
SECTION 8: LICENSE--PAYI~NT OF FEE AND BOND REQUIRED.
No such 'license, as is required by Section 7 of this Ordinance, shall be
issued by the tax collec-tor unless and until the applicant therefor shall have
first paid the fee prescribed hereinafter and shall have filed with the tax
collector a surety bond in th~ sum of five thousadd dollars, the payment of
which shall be secured by good and solv'~nt surety to be approved by the city
manager, such bond to be payable to the governor of the State of Florida, and
conditioned upon the conduct of such sale in accordance with the provisions of
this Ordinance and freed from any fraud, deceit or deception. Such bond shall
also prvide upon its face that upon the violation of any of the terms of this
Ordinance in the conduct of such auction sale, or in case of fraud, deceit or
deception any person injured or damaged by t_he violation of the provisions of
this Ordinance, or by such fraud, deceit or description ~ay sue and recover
upon such bond in the name of the governor of the State c~ Florida for the use
and benefit of such person and for the amount of the damage or loss sustained
by reasoa thereof up to the amount of such bond.
SECTION 9: LICENSE--TRANSFE_RABILITY; CANCELLATION.
The license required by Section 7 Of this Ordinance shall be non-transferable
and shall provide upon its face that the smme me? be cancelled by the city
mision upon evidence being submitted to the commission of the perpetration of
fraad, deceit or deception by such licensee, his agent, servant or employee in
the conduct of such business.
SECTION lO: LICENSE--TO SPECIFY LOCATION AT WHICH AUCTION IS TO BE CONDUCTED
The license required by Section 7 of this O~inance shall specify the location
within the. city at v~ich such auction is to be conducted and it shall be unlawful
for any licensee, his agent servant or employee to conduct ~ny such auction any
place within the city other than that specified in such license or without having
first paid such license fee and obtained such license.
SECTION 11: PROHIBITED HOURS AND D~.~YS OF SALE.
It shall be unlawful for any licmnsee, his agent, servant, or employee to
conduct any such auction sale as is mentioned in section 6 of this Ordinance,
between the hours of 8:00 P. ~{. and 8:00 A. ~. or upon Sundays or legal holidays.
SECTION 12: FALSE REPRESENTATION
It shall be unlawful for any person confnc%ing any such auction sale as
described in section 6~ of this Ordinance, or his agents, servants, or employees
to make any false representations or statements as to the ownership, character,
quality or price of the property offered for sale with intent to induce any
person to purchase hhe same.
FEBRUARY 8TH, 19&9 4
SECTION 13: TAG CONTA~ING DESCRIPTION~ NATURE~ QU.~LITY~ _ETC.; TO BE ATTACHED
TO ~fERCHANDISE.
No person shall offer for sale or sell at ~ublic auction within the city any
diamond or other precious or semi-precious stories or imitations thereof, watches,
clocks, jewlry or glassware unless there is securely attached to each of such
articles a tag or label upon which shall be olainly written or printed in English
a true and correct statement of the kind and quality of the metal or other sub-
stance of which such article is made or composed and the percentage or karat of
purity of such metal. La case such articles are plated or overlaid, then such tag
or license shall contain a true statement of the kind of ?late and the percentage
of purity of such plating and the kind of match, iai or nmtal c~vered. When precious
or semiprecious stones are offered fcr sale or sold, such written statement shall
set forth the true name, weight, quality and fineness of such stones, and imitat-
ions shall be described as smch. When watches and clocks are sold, the true names
of the manufacturers shall be stated in writing and no part of the movements or
mechanism thereof shall be substituted or contained false or misleading names or
trade marks, nor shall secondhand or old movements be offered for sale 'in new cases
without a true statement to that effect. Such tag or label shall remain securely
attached to every article of merchandise, and shall be. deli~red to the purchaser
thereof as a true and correct description and representation of the article sold,
and shall be deemed prima facie evidence of intenet to defraud in case such written
statement be not a true and correct description and representation of such articles
sold.
SECTION 14: FALSE BIDDERS AND CAPPERS.
It shall be unlawful for any person to act or to emoloy another to act as a
b,~-bidder, or what is commonly k~own as "capper" or "booster", at any auction sale,
or to make or accept shy false or misleading bid-, or to pretend to buy or sell any
such aforesaid articles sold or offered for sale at any 'such auction.
SECTION 15: LICENSES.
(a) Auctioneers, each .~ 50.00
(b) Auctioneers, --T~enty dollars per day for the
period of such auction sale.
(c) Auctions, Jewelry, Glassware, Leather Goods,
China and Art Objects per Day ..... $ 20.00
SECTION 16: PENALTIES:
Any person, firm, partnership or officers of a corporation violating any of
the provisions of this Ordinance shall be pun~iished by a fine not exceeding the
sum of Five Hundred Dollars (~500.00), or by imprisonment in the City jail for a
period not exceeding ninety days or by both such fines and imprisonment at the
discretion of the Municipal Judge.
SECTION 17:
The provisions of this Ordinance shall not apply to any person, firm or
corporatiom who is presently duly licensed by the City of Delray Beach, Florida,
to conduct an auction basiness in this City, until the beginning of the next
ensuing fiscal yea~'; to wit, October l, 19&9 to October ~, 1950, at which time the
provisions of this OrSinance shall aoply to anyone who is presently licensed as
aforesaid.
FEBRUARY 8TH,
FIRST READING the 25th day of January, 19&9.
SECOND READING AND PASSAGE the 8th day of February, 19~9.
(Signed) J. L. Sau_nders '
President, City Council
ATTE$T: APPROVED:
(Signed) Ruth R. Smith (Sign. ed) J..L.S.a. und. ers
City Clerk Mayor"
A motion was made by Councilman MacMillan, seconded by Councilman Brannon,
that the foregoing Ordinance No. G-66 be passed and adopted, after changing the
words "City Commission" to City Council". Upon call of roll the motion carried
unanimously.
Councilman MacMillan suggested that the Shuffleboard Association park their
cars in the parking area near th .~ Band Shell rather than on Atlantic Avenue,
to relieve traffic congestion on Atlantic Avenue.
Councilman Brannon urged the completion of the City parking lot on North
Oces~'~ Boulevard'in order to increase the tourist capacity on the ocean front, and
tourist's trade for this season.
It was explained by the City w ~e~
~anao -~ that the County had promised to furnish --~
the rock for the parking lot, but their rock pits were. exhausted for the time
being. As soon as the rock became available the parking lot could be completed.
The Council considered the expense of buying the rock needed from a private
pit and completing the lot so that it can be used as quickly as possible.
The City M~ager was authorized to go ahead and finish the parking lot and
try to keep the cost within the estimate of ~ 750.00.
Miss Dorothea GalvLn addressed the Council with reference to a small' con-
crete block building recently constructed on East Atlantic Avenue just east of
the Bridge. She urged the passage of an Ordinance to restrict the size of
buildings, and also asked that permits f~r all buildings on Atlantic Avenue
east be r~ferred to the City Council for approval.
Upon motion of Coun~lman Brannon, seconded by Coun~lman MacMillan, unanim-
ously carried, the matter was referred to the Zoning Board for consideration
and reconm~ndation back to the Cou~cil.
Councilman Brannon again recommended that water rates be raised from 10¢
to 1AC per thousand gallons for City oustomers and from 2~¢ to 30¢ for customers
outside of the City. This wo,~ld provide a de0reciation fund for th~ .reolacements
of water plant equipment, in view of the r~pid Erowth of ~the City;-which.is
beyond the anticipated figure. ~
Councilman Mabler agreed with Mr. Brannon, that funds must be set up to
make replacements of water equ~mment, and also to provide for extensions of the
water system and addit tonal improve~nts.
FEBRUARY 8TH, 19A9
Oogmci]Jnan MacMillan expressed his oppositi6n to increasing water rates under
the minimum of ~OOO gallons. ~e considered i~ important, however, to set up reserve
funds in the' water departraent, and favored raising the rates on water used oYer the
minimgm, which would apoly to the "luxury" use of water.
City Manager ~lack felt that the recommended raise would not increase small
home owners over 40¢ a month, even when using water for sprinkling. },~r. Black
also explained that the ~commended sinking frond for water plant replacements is
6 [~rcent on the value of the water system. The present value of our Water Plant
is approximately $ 400,000.00 which would require a s~mking fund of $ 24,000.00 a
year. Th!. s figure he believed to be high considering water ne ins and other facil-
ities which do not have to be replaced by growth. He estimated that the suggested
raise with t~he present number o£ customers, would provmae a s~nking fund of between
$ 11,000 and $ 12,000.00 a year, which ~uld be sufficient at this time.
A motion was then made by Councilman Brannon that the City Attorney be in-
Structed to ~repare an Ordinance setting the water fee, above the minimum, at 1~¢
for City customers and 30¢ for non-City customers, the maintenance charge of 50~
per month to be abolished, and the minimum charge +~ be ~ 2.00; the Ordir~ance to
be passed and 5ectme effective as soon as possible.
The foregoing motion was seconded by Councilman Roth, and upon call of roll
carried unanimously.
Upon motion of Councilm~n Brannon, seconded by Cou_nc~lman Roth, unanimously
carried, the City Manager was instr~'~cted to p~rchase fifty additional adirondack
chairs to be placed in the most strategic location on the beach, both in the
pavilion and on the walks along Ocean Boulevard providing the funds are. available.
The City Manager was also instructed to b~ve the step railings leading to the
Beach stained with a quick drying oil stain, to i~orove their appearence.
In a motion by Councilman Brannon, seconded by Councilman MacMillan, ~manimously
carried, bills totaling $ 27,117.A5 were aoproved for payment, subject to approval
of the Finance Committee.
City Manager Black advised the Council that the Swi~!ng Pool was operating
again and its use had increased greatly. He suggested that the C~ty f,~nish tickets
or punch cards to regular ~customers, and also recommended that the Pool be operated
by the City for the. rest of the season to determine the revenue it would bring in,
before considering leasing it. These suggestions were agreeable to the Council.
There being no more business to come before ~he Co3~ncil,~the meeti~hadjourned.
City ~ler~
ATTEST