03-08-49 MARCH 8TH, 1949.
Regular meeting of the City Co,~ncil of the City of Delray Beach was held
in the Council Chambers at 7:30 P. ~. ~ith ~ayor J. L. Saunders in the Chair,
and City ~anager Charles E. Black, C±ty Attorney John Moore, a_n~ the following
Count. linen present: L. H. Brannon, John N. Kabler, Nell E. ~ac~i!lan, and ~alter
A. Roth, a quorum beir~ p~sent.
Dr. R~. ~. ~illi~m$, o~ner of Lot 10, Block 3, Seagate Section A, located ~t
the corner of Seagate Drive and Bucida Road, addressed the Council. He explained
that he had purchased ~his lot intending ~o build a home, but upon coming to Delray
Beach recently he found that an apart~'~mnt house had been built directly across the
street, and tenants from this apartment were using his lot as a harking lot~ as
well as parki~ on Bucida Drive, ~hich spoiled the beautiful drive it had been, and
even dampened his spirits ~n tryir~ to fLnd a buyer for his lot.
It was explained to Dr. %~illa~as that a~ar!ment house owners are required to
provide parkirg space for each tenant in their building, that the space had been
provided in this case, but had been grassed ~nstead of being rese~ved for a parking
area.
After discussion by the Council, a motion was made by Councilman Kabler,
seconded by Councilman Roth, that a form letter be mailed in each such specific
case that arises, explaining the Ordinance which requires apartment owners to pro-
vide parkLqg space for tenents, and asking that every attempt be made 6o comply
v~_th the Ordinance, without requiring the_. City to take measures to force compliance
with the Ordinance. Upon call of roll thc: mbtion carried mnar~ously.
Mr. Peter Rosenzweig then addressed the Council, stating that he felt the
requirement of 896 square feet for buildings in Residence "B" Districts along the
railroad and in certain undesirable sections, was too high, as houses of this size
could not be built cheap enough to b~ rented for a reasonable price. He asked that
the square footage requirement for c~nstruction ~n Residence "B" zones within 500'
of the railroad be reduced to 720 s~'ua!~ feet so that a house could be built for
~ 8%000.00 or less, which would provide lower rentals.
Mr. Rosenzweig also asked the Council to consider allowing the construction
of an ooen structure on the side of a building in a residential zone, to within
2' of the property line.
The two foregoing requests were referred to the Zoning Board for consideration
and recommendation back to the Council.
Mr. Frank ~yers, owner of a ten acre tract of land in Section 17, bordering
on the north City limits, and lying just west of the. colored school, asked approval
of the Countil to develop this tract of land as a colOred Amusement Park. He ex-
plained that his plans, if approved, were to build picnic grounds, a swi~ing pool,
merl%f-go-rounds, small train rides, boat rides, and a dance floor, to cater to teen-
agers and children. He intended %o sell no liquor, and to allow no gambling, but
he did plan to sell soft drinks and food.
Mr. t{yers further stated that there was a street within one block of his land~
and a street right-of-way up to his nroperty, which would need graveling and later
hard surfacing.
It was the consensus of opinion of the Council that a project of this kind
would be worthwhile in this s.~.ction, if oroperly controlled; however, it was
brought out by the City Attorney that it would be ia conflict %vith the present
Residence "C" zoning, and upon motion of Councilman Brannon, seconded by Councilman
~cMillan, the request was referred to the Zoning Board for immediate consideration,
and recommendation to the Couancil.
MARCH 8TH, 1949.
William Robinson, representJ_ng ~Jae colored Civic Committee, appeared before
the Comaail, complaining of bad water pockets just north of West Atlantic Avenue.
He asked that these pockets be connected with the drainage ditches along Atlantic
Ave hue.
City ~,~anager Black explained that the low spots between 5th and 6th Avenues
-would be drained by a culvert under the pavement now being constructed on N.
6th Avenue~ but that the other areas would have to be drained by ditches.
Upon motion of Cou~acilman Brannon, seconded by Councilman Roth, unanimously
carried, the City ~.,~anager and the Street Committee were instructed to study the
drainage of thts section as soon as possible.
5~r. Robinson also c~nplained of the condition~existing on S. E. &th .~venue,
from ¥~est Atlantic Avenue south to 2nd Street. He was advised that the paving
of this street was scheduled to be started as soon as funds became availab~te.
Councilman Brannon then explained that one Street would be improved oho at
time, and as assessr~.nts weI~ collected from that pro.~ct another would be started,
which would gradually improve the entire colored section.
~r. Robinson then complained of the lack of sanitary facilities in the
colored section, and asked that no building permits be issued in the futu/~e with-
out provision being made for these sanitary facilities.
The City Manager stated that the County Health Deoartment would enforce the
installation of sanita~? facilities whereever water is available, ar~ s~ge'sted
that representatives of the Civic Committee contact the County Health Department
in an effort to imorove this condition. He also stated that he had received a
shipment of 2" pipe which will take care of the extension of some water lines in
this section.
After discussion of this situation b" the. Council, it was agreed that a
letter whould be enclosed with water bills, explaining that all new buildings
in the colored section would be required to provide sanitary facilities, and
all other property owners would be reouired to install such facilities within
a yeaz~ from the date water is made .. ~ available to their property.
T['m City Manager presented an agreement betwee~ the City and tb,~ Florida
?ewer & Light Go., gra~-t~.~ ?~mi~.sion for the City to put a control circuit
three of their poles for controlling two new w.~ter oumn!.~,~f ststions~ ahd a Stan-
dard Large Power Agreement for th~ ~e~ water '~umnf. ng station at S~.~' ,E. 7th Street
and the Florida East' CoAst Railroad, ~:hicb a~reements had been apb,roved by the
City Attorney as ho form and corPectness. He asked t~e~Comncil' to authorize
the signi~ of the agreements.
A moji. on was made by Cou_acitn:an Braa~on, seconded by Councilman ~.~ac~,~ii]an,
that the City enter into these agreements with the Florida Power & Light Co.,
and that ~]e Mayor and City Clerk be authorized to execute same on behalf of the
City. Upon call of roll the motion carried unanimously.
The following letter from the Delray Beach ~ub!ic Library Association was
presented by the Mayor, and read in full:
"March 5, 1949
Honorable }.~ayor and City Com~cil
Delray Beach, F].orida
Ce nt!e~,n:
As you well know, the L~brary is now h~used in temporary head-quarters,
MARCH 8TH, 19~9
~due to the sale of the Woman's Club Buiid~ng. Your Council generously allowed us
~ 10,OO0--g 4,~,'O of which was to be
~ u~eo for !~.br&ry mainte~a.'~ce during 19/4~ and
the balance ~ be placed in the Library's New B~xild~ag Fm~d.
~,~e ?a vc~ been negotiatirg with several loaning agencies re,~ardlng the financing
w~n~.:~l'~ w~ll ~robablv ~s% near~ $75,000 to build
of ~e new public library build~g, -' ~ _
and properly equip, to meet the needs of this growing ~unity.
In order ~ smke an attractive proposition ~ any lending agency, we should
offer a balance sheet wh~_ch wo~d show the assets of the library. We believe that
if the Com~cil is ~iling to deed us the la~ which t[~ey ha~ alread3.? leased us,
it world show an attracti~ asset. We would be agreeable +m the clause whic~ now
exists on o~ lease ~at the b~ilding wo~d have ~ be ~der constr~lct.ion vd. thin
a two year period.
We also earnestly request theft the balance of the $i0,000, promised us b~z the
City for this year, be ~ven %o us at t~s time, ~6,O00 of which would be definitely
ear~rked for the new b~lding. This would further ~crease o~' assets and be an
attractive factor in borrowing money fm' a long period.
We request that you gi~ this yo,~r earliest possible action, as we a~ most
a~ious ~ get this fine new b~lding render construction at the ear,est ~ossible
date.
~anking you for your ~nsideration and your continued cooperation, I am, in
behalf ~ the Board of Directors,
Yo~s ~ry tr~y,
DEL~Y BEACH PUBLIC L~RARY ASSOCIA~ON
~igned) John A, Tha~r,
JAT: cbm P~ side nt"
Comacil~n Brannon felt that ~der the p~sent status the Library Association
is s public organization, but that by turning t~e pro~rty over to them there
~ a confl~ ct with the State ~w in assessing taxes for tn~ suppo~ of s orivate
organization.
Mm'. Matt Cracey, a member of t~ Library Association, addressed t~e Council,
stating that they felt that ~ the land was owned by the Libra~ Associatio~, their
assets would be inc~ased, and they ~ould be able to show a sound proposition
to a Finance Company in negotiating for a loan for the construction of a ~brary
b ~il~ rg.
It was explained to Mr. Gracey that a 99 year lease, such as they now have~
wo~ld be as good an asset as a deed to the pro~rty, as the ~nd could be mortgaged
for a period up to 99 years.
A moron was then ~8e by Council~n MacMillan, ~conded by Counci~an
Bra~on, that the balance of $ 6,000.00 over the contribution ~ ~de for oper-
ati~ ex~nses of the Library for the c~rent year, be t,~rned over to the Library
Association at this ti~, to be ear-~rked for their "Building F~nd", and that
the deeding of the pro~rty be discussed at a later date, ~ necessary. Upon call
of roll t~ motion carried ~an~ously.
Mr. Gracey was asked to ~ his organization obtain a plan, or plans, from
mortgage Core, hies for the financing of t~ coastr~ction of a Library building,
the Co~c~ would then go over ~ch plans with them.
~ARCI~ 8TH, 19;-~9
City Manager Black presented a tentative plat of a tract of ]and in Section
17, to be known as Priest's Addition to Atlantic Park Gardens, which showed the
layout of streets mr~d alley widths to be in compliance with requirements,
though the construction of the streets was not provided for. The land lies be-
tween 13th and 15th Avenues.
Upon motion of Councilman Bra_~.on, seconded by Councilman Roth, ,lnanimously
carried, the plat was approved, subject to verification of the payment of all
City taxes to date.
City Manager Black presented a letter from the De]~.ay Beach Garden Club,
with reference to tl~ use of sidewalks by local merchants for the displaying of
merchandise, which letter was read in full as follows:
The Council discussed the use by merchants of their own property, and also
the use by them c~ the portion of the sidewalk which is a public thoroughfare,
after which a motion was made by Councilman Brannon, seconded by Councilman
Mac~[illan, that an Ordinance be p~pare..d suitable to control this s~tuation in
the City, as soon as the City Attorney has had an opportunity to. stbdy the
matter and ~nform the Council on it. Upon call of roll the motion carried mn-
animously.
Councilman. Bramnon also reco~.nded that a clause be included in this
proposed Ordinance to prohibit unsightly posters of any sort from being displayed
in the City.
The f oll~ing letter form County Commissioner C. Y. Byrd, with reference to
the extension of N. E. 2nd Aven ue to the new school buildin~ be-'_,_ng constructed,
was read and ordered filed:
~IIARCH 8TH, 19/~9
"Febraury 25, 191~9
Mrs. Ruth M. Smith, City Clerk
Delray Beach, Florida.
Dear Mrs. Smith:
Yo,n' letter of February 23rd enclosing certified cooy of Resolution No. 723
which was adopted by the City Council, requesting that the Board of County Commiss-
ioners designate N. E. Second Avenue in the City of De]ray Beach, Florida, as a
County R~-md and extend said avenue %o the new D~]may-Boynton Hiyh School, and
secure the necessary right-of-way for such extension, received,
I will oresent the Resolution at the next regular meeting of the Board of
County Co~missioners and will advise you what action the Board takes on the same,
but I would like to state that such a program as e×tending this County Road and
s,'~curing the rights-of-way is rather expensive and may necesitate the floating of
a bond issue, in order that the road may be carried north to Boynton, as has been
reouested by the City officials of the City of Boynton.
In the event it is necessary to float a bond issue for the construction of
this new road, the Board of County Commissioners will need the aid and assistance
of all of the officials of the City of De 1 ray Beach and the City of Boynton Beach.
I can assure you that I will give t~s matter my full cooperation and will
urge upon. the Board of County Commissioners to do all it can to assist in bri~ing
about the construction of this much needed road to the new school.
Very truly
(Signed,..) ,C. Y. Byrd
County Commissioner,
Fourth District, ~alm
CYB:H Beach County, Florida"
A letter from a temporary resident of the City, suggesting that an Ordinance
be oassed to prohibit camping, or loitering,on the public beach, was referred to
the City Manager and Chief of Police for consideration.
A letter from t~ Triest Construction Co., Inc. was oresented by the City
Marmger and read in full as follows:
"~Jarch 8, 19&9
City Council
City of De!ray Beach, Florida
Gentlement:
We have made an offer to the Junior Chamber of Commerce to construct approx-
imately 195 lineal feet of board fence, six feet high along the west side of the
present soft ball field at ~o cost to the City or a~y sponsorin.(~' orgahi~ation,
providing we are ~iven for indefinite use 30 linesl feet of this fence for advet-
ising purposes. We propose to accept a donation of material from Ocean City Lumber
Company, and paint~ng services from Walter Roth, painting contractor, in return for
which we are givi-ag them a prorata share of the adve~tixing space.
kZ~RCH 8TH, 1949
Our offer includes maintance of the f~.nce so long as it is needed and so
long as we may be allowed to use the advertising space.
Pti.or to pi'oceed~.r~ with this expenditu/'e amou~-~ting to some ~500.00 we
desire your approval and sanction of such a plan carrying with it your ass,~rance
that we may be allowed to use the advertising sQace for an indefinite ueriod of
time under this arrangement.
It is GU/' u_u~derstan¢]ing that the Junior Chamber of Commerce will offer the
remainder of the advertising space for sale to local firms as a source of income
to be used by the Junior Chamber of Commerce for Civic Improvement Projects,
including the sponsoring of soft ball games.
Yours very
TRIESTE CONSTRUCTION CO~, INC.
O~T:w (Signed) .C.. W. Trieste; President"
~iss Dorothea Galvin, from the~ audience, contended that the signs would
be seen from Atlantic A~eaue, even though they were on the i?~s~de of the fence,
a.~d c~?itized the Jr. Chamber of Co~Gerce as well as the City Council, for con-
sidering the approval of such a project at, this time when an effort was being
made to prbhibit adverti~i_~g signs of all kinds.
Upon motion of Councilman Brannon, seconded by Councilman Kab!er, unan-
imously carried, the matter was referred to the Garden Club, the Property
Owners Protective Association, and the Athletic Committee, for their consider-
ation with the Co~t~ci!, these organizations to be asked to also consider the
construction of th~ fence and the advertising signs further with the Jr. Chamber
of Commerce. Upon call of roll the motion carried mnanimously.
Mr. ~. P. ~ize, a member of the Athletic Committee, being in the audience,
stated that this Committee had disct~ssed the possibility of outting shrubbery
around the entire field, and suggested t~:at the Jr. Chamber of Commerce meet
with them to discuss this angle.
City ~.~.anager Black asked the Cou~-~cil to consider a recom~mndation of the
Chief of Police that Liquor Package Stores be allowed to remain open until !0
P. M., instead of be~_ng r~quired to close at 8 P..~., whicI~ v~uld keep this
business in the City du.~i~ the evening, ~ud also ke¢;D local bars from selling
bottled liquor after hours, in violation of the !aw.
After discussion by the Couacii, the re,_]uest was tabled until the next
meeting, Mayor Sau_~de'i.'s feeling tha~ the request should come from the Package
Store owners themselves.
A cor.~munication from ~ayor Saunders, as a member of the 19&9 Red Cross
F,mnd Campaign Co~nittee for Delray Beac'~, was read as follows:
"March 3, 19/+9
Mr. C. E. Black, Manager
City of Delray B~ach
Delray Beach, Florida
Dear }~. Black:
As a member of this year's Red Cross Fund Campaign Co~alttee for Delray
Beach, it becomes my pleasant duty to br~.ng to your attention the oDoort~nity
MARCH 8TH, 1949
for yo,~' organizabion to again participate in the very necessary and noble work
of the Red Cross. As Mayor, I have designated the period of March 4th thru the
15th be set aside this year, for this p&rpose.
!~e are asking that your organization appropriate, from your treasury, as
large an amount as is possible for you to give, making your check payable to the
American Red Cross, and forwaz~ing it to our Fund Campaign Chairman, in the en-
closed envelope.
~ay I suggest that you do not conduct a solicitation among the members, as
every member of your organization ~ill be asked to give thru his place of business
or his home, individually.
Assuring you of the gratful appreciation of suffering humanity for your
help, and also of our thar~ks for your cooperation, I am
Yours since r~ly,
(Si~ned~ J. L. Sao~ders
Mayor Jack L. Saunders
Campaign Headquarters
34 N. E. 1st Avenue
Delray Beach, Fla."
A motion ~as made by Coo_acilmmn Kabler, seconded by Co~nci]~nan Brannon,
-- that a donation ba made by the City, in the same amount as was made last year,
and upon call of roll the motion carried mnanimously.
City Manager Black then advised the Coo_ncil that the budget figure set up
for the Current year for Police mniforms would not cover the cost of uniforms
needed, due to the increased cost of clothing. He asked a~thorization to spend
approximately ~ 200.00 additional in order to provide the uniforms needed at this
time.
In a notion by Councilman Roth, seconded by Councilman Bra_~non, un,~nimous!y
carried, the additional expenditure for Police uniforms was authorized.
A letter from Mr. Charles D. Thompson, addressed to the Mayor's Office,
was read by ~ayor Saunders as follow, s:
The Mayor' s Office
Delray
Dear Sirs:
Twice during the past month my children have tried to purchase train tickets
to De!ray from Massachusetts. Each time they were informed that trains did not
stop at De!ray, and thor they must get off at ~;est Palm Beach.
Is De!ray that unimportant to A. C. L.?
Sincerely,
(Signed) Charles D. Thompson"
~ARCH ~TH, 1949
The above letter was referred to the Chamber of Co~mnerce, with the request
that they investigate this situation.
~he City l.:~anager was instructed to contact officials of the Florida East
Coast Railroad with reference to the faulty operation of the traffic gates at the
Atlantic Avenue crossia~ of their tracks.
A motion was then made by Councilman Brannon, seconded by Councilman Mac-
Millan, that immediate steps be taken toward conden~aation of the N. E. First
Street crossing of the Florida East Ccast tracks, and that an Ordinance be drawn
prohibiting the blocking of any crossing in the City of Delray Beach for a period
of .over ten minutes. Upon call of roll the motion carried unanimously.
Councilman Kabler exoressed the opinion that the Coutr~cil and the Chief of
Police should study the traffic oroblems which will confront the City in the
next five to ten years, and decide which streets will need to become thorough-
fares, preparing an over-all plan, with concrete draftings, and then tell the
railroad what they will have to 8o. He felt that if the railroad realized the
general public was back of such plans, they would then work with the Council.
City Attorney Moore explained to the Council that a list of properties
on which there are delinquent City taxes had been turned over to him by the Tax
Collector for foreclosure, and he had found there were about 15 parcels of land
on which there were no Tax Sale Certificates. In some of these cases receipts
dating back ten or more years had been foaad, and he asked the approval of the
Council to omit these certain parcels from this foreclosure list.
A motion was made by Councilman Brannon, seconded by Co~cilman ~acMillan,
that on those accounts where there are no Tax Sale Certificates, the City Atto-
rney be authorized to strike same from the foreclos,~re ]_ist. Upon call of roll
the motion carried unanimously.
The following Ordinance was then bro,&sht up for second and final reading,
and same was read in ~11:
ORDINANCE NO. G-72
AN ORDINANCE OF TF~ CITY COUNCIL OF THE CIT~ OF DELRAY ~EACH, FLORIDA
REZONING TF~ EAST ONE - HALF OF BIDC~ 95 ^~ TH~ ~ST ONE - HALF OF
BLOCK 105 F~OM A P~SIDENCE B ZONE TO AN APARtmeNT HOUSE ZONE.
WHEREAS, the Zoning Board of the City of Delray Beach has referred its
recommendation to the City Council of said City for the following reclassif-
ication of zoning, and
~RE~S, the property owners affected by such reclassification of zoning
have been given due notice of such reclassification, and
I¥HEREAS, a public hearing was held to hear objections, if any to such
proposed change,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray
Beach, Florida, as follows:
MARCH ~TH, 1949.
SECTION 1. That the East one - half of block 95 and the west one - half of
block 103~ b~ the same is hereby rezoned from a "Residence B" zone to an"Apartment
HO~lSe" zone.
SECTION 2. 151at all ordinances and parts of ord'!nances in cor~flict herawith
be and the same are hereby repealed.
SECTION 5. ~]y person, firm or c~i~,rporation violating any- nrovision of this
ordinance, shall be punished by a fine not exceeding 3500.00 or by imprisonment
the city jail for a period not exceeding 90 days~ or by both such ~_ne and im-
~orisonment in the discretion of the ~aicipal Judge.
Passed and adopted br the City Council of the City of De!ray qeach, F!o?ida,
on this the gth day of ~.~arch, A. D., 1949.
(Signed) J. L. Saund~3rs
President, City Co,~ncil
ATTE$T: APPROVED:
(,S~ned) F?ath R. Smith (Signed) J.. L.. Saunders
City Clerk ~fayor
SEAL"
tat Resding- February 22, 1949
2ad Reading -March 8, 1949
Pass,~d and adopted - March ~, 1949"
Upon motion of Councilman ~oth, seconded by Co~oncilman Kabler, unanimously
carried, the foregoing Ordi~mnce No. G-72 was passed and adopted as read.
An Ordinance to amend the Zoning re~!at~.ons ~vith reference to the establ~_sh-
ment of a La~zadry or Dry Cleaning Palnt, was presented for second and final ~eading,
and read in full as follows: ~
ORDINA~CE NO. C-7~
~N ORDI~i~NCE OF T~E CITY COUNCIL OF ~HE CITY OF DLER3~Y BEACH, FLORIDA~
PROHIBITING THE OPER~TION OF ANY COi~%~RCIAL DRY CLEANING PLANT OR ESTAB-
LISH};~ENT, OR LANUDRY IN THE CITY OF DELRAY BEACH, FLORIDA, E%CEPT IN AN
INDUSTRIAL OR M~NUFAC~]RING ZONE ONLY; PROVIDING THAT THE FOREGOING SHALL
NOT APPLY TO VALET-TYPE DRY CLEANING EQUIO~NT, ¥~TEREBY O~E SUCH PIECE OF
EQUIP~NT MAY BE OPERATED IN ~NY ONE BUILDING, OR LA~DRYETTES; AND PRO-
VIDING TH]{ PENALTY FOR TH~ VIOLATION ?HEREOF.
BE IT ORDA!h~D by the City Council of the City of Delray Beach, Florida,
as follows:
SECTION 1. That no commercial dry cleaning plant, or establishment, or
laundry shall be ~aintained or operated from any place of bus~ness, location,' or
establishment in the City of Delray Beach, Florida, unless the same shall be in
an industrial zone or manufacturing zone; provided, however, that the forgoing
provisions shall not apply to small so-called Valet-type dry cleaning equipment
wherein one of such sieces of equipment may be maintained in any establishment,
providing such maintenance and operation does not conflict with other zoning
~ARCH 8T~-;, 19~+9
ordinances or fire zones in th~? City of Delray Beach, Florida. And f~%her
provided that such foregoing provisions shall not apply to any lamr~dryette
wherein or whereby it is customary for any customer to serve himself.
SECTION 2. Any person violating any of the provisions of this ordlnace
shall, upon cor~viction thereof, be pmaished by fine not exceeding $500.00 or
by imprisonment for a p~riod not exceeding, ninety ~ays, or by both such fine
and imprisonment, in the discretion of the ~unicipa! Court.
PASSED i~ regular session on second and final reading on this the gth day
of March, A. D. 1949.
(Signed) J. L. Saunders
President, City Coo_ncil
ATTEST: APPROVED:
(Signed) Ruth R.. Smith (.Signe. d) J. L. Saunders
City Cl~rk Mayor
1st Reading - February 22, 1949
2nd Reading - March 8, 1949
Passed and adopted - March 8, 1929"
A motion was made by Councilman Brannon, seconded by Cou~]ci!~an
that the foregoing Oro~na.~ce No. G-73 be passed and adopted as read, and upon
call of roll the motion carrie~ mnanimously.
The following Ordinance was then brought up for first r ~am~ng:
AN O~INA~CE OF ~E CITY COUNC~ OF ~E CI~f OF DELRAY BEACH,FLO?~A;
P~TAINING TO WATER SERVICE IN S~ID CITY; DESCRIBING ~ MINIM~ SI~
OF ~A~R ~R ~ BE ~,e~n DESCRIBING T~ MON~LY ~I~I~.~{ CHARGE WHICH
SHALL BE M.~E FOR DIFFERENT SIZ~ OF ??A~ ~IETE~ Aka' FIXING THE COST
PER ~O[BA~ GALLONS OF w ~R
..~A USED ~ EXC~S OF SA~ ~,~IN~; DESCRI-
BING !~EN SA~ WA~R CHARG~ SHALL BE PAYABLE A~ DELIN~NT,
LT~T~r~
F~T~ PROV~I~G FOP. T~TE D~CONTINUAN~ OF ~'rA~R SERa, ICE;
I~R; PROV~ING PENALTI~ FOR THE VIOLATION ~EOF; SETT~G FOR~
i~OD OF DE~M~IN'G A CHARITY LIST FOR ~A~R.; A~ ~PEALING ALL
O~INANCE$ IN COnfLICT
City Manager Black s~gested that t~ Turn-On charge as provided for in
$eotioa 5, be raised to ~ 1.50 to off-set the loss ia abolishing the maintenance
charge, ~d also reconnect that Seetioas 9, 10 and 11 apply only 6o ha~ship
cases~ ~lowances to o~aaizations and churches which are granted free water up
~o the minim~ of 5000 galloas~ to ~ set up by the year~ ss designated b~l: the
Upon motion of Co,maci!~a Branno% seconded by CounciLman Kabler, ..manimous!y
carried, the foregoing Ordi~nce was placed on first reading, incorporati~ the
two changes as above reco~peaded by the City Manager.
The following Resolution was then oresented~ and same was read in full:
~.~ARCH 8TH, 1949
RESOLUTION NO. 727
A RESOLUTION OF T[~E CITY COUNCIL OF THg CITY OF DEIzXAY ~EACH, FLOR~A,
SP CI~ ~CA ION A~D ESTI~A~ OF CoS~ OF
~QUIRING PLANS, E ~r T ~ S ~ ~
BY ~E CgqS~UCTION OF A STO~.[ D~IN OM S. E. 7~TH ~]¥~, FROM EAST
~ANTIC ~W~ ~ S. E. 1ST S~T, A~ E~DIN~- EAS~??~RU ON S. E.
1ST S~{EET TO ~qE FEDER~ HIG~?'fAY.
L'HE}~AS, the City Co~cil deems it to the best interest of the Cit[f of D~lray
BeaCh to c~struct storm drains on S. E. /4%b Ave~,le, from East Atlantic Avenae
S. E. 1st Street, a~-~d east on S. E. tst Street %o the Federal Highway, and %o assess
the cost of such sto~Y,~ drains aga~.nst the ia~ds especially be~]~fited the~'eby,
NO~.¥, T~FO~, BE IT ~SOLVED by the City Cou~ci! of the City of Delray
Beach, Florida, as follows:
SECTION t. That the City Engineer be required to sub~t plsns, specifications,
and e~t~ates of cost of such imDrove~s.:~at 5o be ~de, and that the sa~e shall be
p~ced on file ~'~ th~ office of the City E~]gineer.
Passed ar~ adopted by the City Cou~cil of the City of Delray Beach, Florida,
on this the 8th day of March, A. D.,
(Si~ne.d) J. L. Sanders
President- City Cou~cil
AT~S T: APPRO~D:
~igned) Ruth R. S~th (Signed) J. L. Sam~ders
City Clerk ~{a yor
SEAL"
A motion was made by Co~ciL~n Mac~fillan, seconded by Co,maci~an
that the foregoing Resolution ~o. 727 be passed a~d adopted as read, arid upon call
of roll the motion carried ,mnan~ously.
In a motion by Counci~n Br'a~%aon, seconded by Co~m~]cilman Roth, u~a~imously
carried, bills totaling ~ 17,666.45 were approved for payment, subject to the
approval of all members of the Finance Committee.
Upon mo%ion of Councilr~n Yabler, seconded b~z Cou~ci~an Brannon, ~nanimously
carried~ lice~se to sell beer ar, d wine at 13 N. ~¥. 5th Avan,~e to be operated as
Hot Dog Hovel, Ed%ar W. Jones, applicant, was aopro~d, subject to checking of the
distaace from the r~ea~st church or school buildir~g.
A letter from ~r. T. L. Jackson, with reference to the ca~ce!!ation of certain
~provemeat lie~] assessme~,ts asainst Lot 3/+, Block 6, Dell Park, was read as follows:
"February 12,
City Co~cil of Delray Beach,
% John Moore, City Att'y
De~ay Beach~ Fto~da
76
NARCH 8T~, 19~,.9
Gentlement:
On February 10, !9&9, we pard !7135.18 to the City of Delray Beach, which
was for all back taxes to date, interest and fees, plus attorney's fees of ,~,
on Lot 6, Block 34, Dell Park, De!ray Beach, Florida.
It is our understanding that with the above paid the City Comnci! will
cancel the improvement lien against the above mentioned property upon reco.~n-
endation of the City Attorney, therefore we are notifying you of the full payaent
of back taxes on this particular lot so that you may p~sent this fact to the
City Co,mncil for their approval of cancellation of the improvement liens.
Thanking you in advance for your co-operation, I am
Yours very truly,
(Si~ned). T. L. Jackson
MJ"
P.S. The, Tax Sale Certificates for 1927 and 1928 are numbers 3591 .5 7358."
A motion was made by Councilman !fac~illan, seconded by Comacilman Brannon,
that the Improve~ie.~t Lien Certificates be cancelled, as requested, upon approval
of the City Attorney as to their validit3. Upon call of roll the motion carried
unanimously.
Councilman Brannon then moved that a General Revenue F~%d be set up, to the
extent of $ 200,000.00 and revenue from the sale of Cigarette stamps after
October !st, 19;.9, be pledged as the means of repayment for this fund, Revenue
Certificates to be issued and sold as soon as practical, at the lowest rate of
interest obtainable. The fund w~'~u!d be used as designated by the Council for
the s~Lrfacing and drainage of City streets, all of which imorove~ent would be
assessable against the abutting properties. The motion was seconded by Council-
man Roth.
M/~. Brannon explained that as the Cigarette Tax is a luxury tax, and a naw
tax this year, he felt this ~venue could be better soared, and should be put to
a good permanent use. The excessive expense of re~airing streets would be saved
by such a pro~ra¢, and as assessments were repaid a fm~d would be created for
street repairs as t, hey a~f.~e.
Councilman Kabler was in favor of doing this work now, and saving the
exhorbit~nt expenditure for street repairs every month. ~
Councilman NacNillan, however, did not wish to vote on the motion without
more knowledge of the program, and the validity of pledging this particular
revenue for the repayn~nt of Revenue, Certificates.
Councilman Brannon then amended his foregoing motion as follows - To
instruct the City Attorney to immediately look into the possibility of pledging
any source of revenue for the repayment of such Revenue Certificates, and then
be adgised as to the legality, and also to instruct the City !~{anager to contact
bond~;ag houses as to the procedure other Cities have followed in sir.~lar cases.
The motion was sec.ndem by Co,~ncilman ~{acM~ilan, and upon call of roll was unan-
imodsly carried.
Councilman MacMillan recommended that the possibility of refinancing the
City's bonded indebtedness be studied at this time, and that a Committee be
~,~ARCH 8TH, 1949
appointed for this purpose, to include Mr. Charles A. Crane, a retired bondsman,
as a member.
l~ayor Saunders recommended the appointment of a Committee to consist of the
City Manager, the City Attorney, Mr. B. C. Butler, and ~r. Charles A. Crane as
Chairman, to study the refinanci, ng of the City' s bonded indebtedness, which rec-
ommendation was approved by the Council.
Counci]3nan Roth urged the Co.macil to consider the purchase of a suitable
corner lot for the construction of a Fire Station, as the present Fire Station,
located on an alley, is inadequate and hazardous.
The City Manager was then questioned as to the condition of other City
buildings and offices. He explained that the jail quarters are disgraceful, at
times being over-crowded to a point where not space for a matress on the floor is
available. Office space in the City Hall is inadequate for efficiency, and a ~ ~
building at the water plant to house meter testing equipment, materials, tools,
etc. is badly needed. ~e agreed that the Fire Station should be moved to a better
loc ation.
After discussion by the Co~mcil, the City ~anager was instructed to ~re~ar~
an estimate of the cost of a building needed at the ?~ater Plant, and also an
estimate of the cost of protection for fire trucks at another location.
An offer from }.{r. Frank ~.,{yers to deed seventeen lots owned by l'~im in Sundy-
Tembrook Subd~.~ision, on which there are delin~uent taxes and liens, to the City,
and apply his ecity in these lots on delinquent City taxes on other n~ropert~s
he owns, which would save the City the cost of forec].osure, was ~ferred to the.
City Attorney, and the. City ~f~nager for consideration.
The Co~mcil then adjourned. ~~~.~t~~/~
- ' i ~ ' ~itv Cl~rk ''
ATTESTs..~~a~