03-14-49SpMtg?8
~.~RCH 14TH, 1949
A Special Meeting of the City Council of the Cit~,~ of Delray Beach was
he!a~: in the City ~,a~a,%er's Office at 4:30 P. M. to open bids raceived for the
gred~lg ~d pav~g of N. W. 6th Avenue from West Arian,tic Avenue to 3rd Street,
with ~a~,/or J. L. Sanders in ~he C?,air, and City ~' ~ ! C
~a_.a ~er ,~ha.]....~ E. Black~ .
At:. ~z'ney Johz'~ ],,bore, and the follwoing Co~_lmen oresen~:: John Y, Eab!er
Waiter A. Roth, a nuormm being
The Clerk prese~ted proof of the publication of Invi*,atioa to Bid oa the
above street improvement, as follbws:
AFFID.~,VIT OF P~LICATION
Delray 9each k~ews
Published Weekly
Delray Beach, Palm Beach Cotmty: Florida
ST_A~ OF FLOR~A
COU?TY OF PA~f BEACH
Before the ~r~der~gned a uhhority persona~y appeared William K.
who om oath says that h~ is pao!msher of the De~ay Beach News, a weekly mews-
papep pmb!ished at Delray Beach La Palm ~ach County, Florida; a~ the attached
copy of advertise~at, being an Invitation To Bid in the ~tter of City of Delray
Beach was p~blished in saJ. d newspaper in the issues of March 4~ 1~ 1949.
Affiant further says that t~ said Delray Beach News is a newspaper publis-
hed at OeO'ay $each~ in ~ ''
oaza P~im Beach County, Florida, and that the .~aid news-
paper has heretofore beez~ co~tinuoasly published in said Pa~ Beach Co~ty, Florida
each Friday and has been entered as secorJ class mail matter at the post of Cite
in Delray Beach, ia said Pa~ Beach County, Florida, for a period of one year next
,o'~ced~ ng__ the first pablica+Jon oC t~ attached o)py of aave~' 'tzse~' . nt; and
affiant f~'~:hez-' s~ys that h~ has neither paid nor promised any person, f~m or
corporation any discount, rebate, co~mnission or ref~td for t~ purpose of securi~
this advertisement for publication in the said newspaper.
(Signed) v./i!l~m K.
$w'o~a to and snbscribed before me this lath day of March~ A. P. 1949
Notary r,~blic, State of Florida
at Large ~y co~ission ~xoires
July 27, 1952. Bonded by American
SEAL" Surety Co. of N. Y.
INVITATION ~ B~
Sealed bids will be rec .zvem by the City of De!ray Beach unt~ 4:30 P. ~
Eastern S~ d ' ' ~' _ ,
tab, dar Ti~ on Monday March 14 for t.ae fozlo~ zng street grading
paving.
Norht West S~mtb Avenue, fromm Atlaatic Aveame t~ North TM'~,es~ Th[rd Street
Descriptio~ of +~e work and s~cifications may be obtained from the City
Eaginee r.
MARCH 14TH, 1949
Bids must be accompanied by bi~ bond or certified check in the amount of 54
of the bid. 100~ P~rfor~a~ce Bond will b~ required with contract; Bond to cover
~ayment for all meterial arid labor.
(Signed)Charles ~. Black
CZty ~{anage r
March 4. and 11, !949"
Two bids were received in response to the foregoing Notice, as follows:
1. "13~ .~,~arch 1949
To: The Honorable Mayor and City Council,
City of De!ray Beach, Florida.
C~.ntle men:
I am pleased to subnt'xt to you the following bid for constr,~ctlon
of North West Sixth Avenue from West At!a~tic Avenue to North West Tb~ rd
Street, a distance of approximately nineteen-h,~-~d~d-and-eight feet.
(1,980'). The street is to be oaved according to specifications on file
in the City ~ganager's office.
~ price for this work is ~ 1.19 ~er s.suare yard, or a total stun of
approximately ~ 6,O57.10.
Cashier's Check for the amoant of ~ 325.00 is enclosed as my bi8 bond.
Yot~r consideration is a~preciated.
Very truly yours,
326 South West 3rd Avenue (Siga~d)Jack E. Carver
Delray Beach, Florida. Jack E. Carver"
"i~ ~arch 19~9.
To: ~ne Honorable Mayor and City Council,
City- of Delray Beach, Florida.
C~atlemen:
I propose to f~rr~ish and install forty feet (&O') of twenty-four
inch (24") galvanized culvert coated with asphalt~ said culvert to be
installed at the i.~,tersection of Norht ¥?est $~xth Avenue and Atlantic
Avenue if I am a~arded the paving contract f~or that Street.
The price f~r the above material and installation is .~ 200.00.
Very truly yours,
326 South ~est 3rd Ave. (Si.gned) Jack E. Carver
Delray Beach, Florida Jack E. Carver"
8O
L~RCH II_,~TH, 19/-,~9.
2.
To: City of Delray Beach
Attached check for three hundred sixty-eight dollars ~nd fity-one cents
(~368.51) coverir~ 54 of maximum bid for grading and paving North ~est Sixth
Avenue, from Atlantic Avenue to North '~!est Third Street.
To grade and oave to specification, as set forth in your invitation to
bid of Feb?uary 2~th; 4,852 Square Yards using loe~al rock as base and minimum
of two inches state specification rock for top~ir~g - $ 1.37 Per Scuare Yard
or $ 6,6/,7.24.
To use State specification rock through out - ~ 1.~7 Per Souare Yard or
~ 7,132. ~.
To place A~O lineal feet of 2~_./' galvanized asphalt coated drain pipe on
~_ntersection at Atlantic Avenue - $ 237.83.
Respectfully submitted,
(Signed) W. J. Snow
W. J. Snow"
The City Manager recommended the acceptance of the low bid submitted by
Jack E. Car~r, in the amount of $ 6,257.10, and u~on motion of CounciLman
Kabler, seconded ~y Comncilman Roth, ~nanimously carried, this reco~ndation was
was a~p.roved.
City Manager Black informed the Co~mcil that ~r. D. D. Carey was going
ahead with t~ construction of his Laundry and Dry Cleaning Plant at the corner
of N. E. 2nd Street and 3rd Avenue, and in view of an Ordinance recently oassed
restricting the location of such plants +m certain districts, he had asked for
a letter from t~ City stating that he would be given a l~cense to operate his
business in this location.
It was the consensus of opinion of the Council that l{r. Carey should ~
granted his license, as his building permit was issued several months ago and
specificied a building, for this business, and in emotion by Councilman Kabler,
seconded by Council~=~. Roth, unanimously carried, the City }~{anager was authorized
to write a letter to this effect, as reouested.
The extension of water pipe lines south of Seagate, for a distsnce of 13,000
feet, -was discussed and referred to the City Attorney for checking of agreements,
if any, made with ~r. and ~rs. H. A. Helm, who claim they own the pioe line, and
also with ~{r. Allabough, who extended that line aoproximatel? i 1/2 miles south
along Ocean Boulevard.
l~Vith reference to a pending s,~i.t pertaining to title to a tract of land ~nown
as that part of the W 3/~ of the N. E. 1/& of the N. E. 1/!~.~ of Section 18, lying
west of the Seaboard Railway right-of-way, City Attor~ey Moo~ advised the Council
that ti~e former owner of the land, ~{r. A. A. Rousseau, had intervened in the suit,
c!aLming he had tried to pay de!in~uent taxes on the land before the City fore-
closure in 1947, and had not been allowed to do so, having been told that no ~rop-
erty outside of the City limits wo~zld be included in the forec!os,~re suit. [~e
now offered to pay these taxes, if thc City would clear his title to the land.
?',.?~RCF, 14TH, 19/,,9
Attorney Moore recoa~nended that the City drop the s.ait upon 0ay~nt of the taxes,
together with Coua't costs, by ,.,Jr. Rousseau.
Mr. Moore also explained they the City had agreed with the Lake Worth Drainage
District in 1941~ to cancel a!l liens against property out of the City li~ts if
the Lake Worth Drainage District weald cancel ~' '
onelr liens aEainst property within
the City. In this case this had not been dorr~, but he felt that if these records
were checked there wauld be no do~bt that the Court wried decide against t~ City.
A motion was made by Councilman Kabler, seconded by Councilman Roth, that the
City Attorney be authorized +~ settle the sttit as he saw fit, upon paymon6 of del-
inquent taxes and costs, as reco.~,nmed by him. Uoon call of roll t~ motion carried
unanimously.
City Attorney Moo~ repor~eo to the Council t~t he had contac~em ovmers of
property in the east half of Block 98 in re~ard to a proposed alley through 6h~ s
Block, and that some were willing to deed 2' needed for the alle? if they would
not be assessed for the cost of t~ alley, and others were opposed to tb~ alley
under any circ~stances. Ha stated that owners of the store buildin:zs on the west
side of tb~ Block could put an alley tbro.~h entirely on the~:r own property if they
needed it, and recommended th~.t t~ project be tabled, which was agreeable to the
Council.
~r Frank ~.~ve''~
.... ,~ ~s, ~-ner of 17 lots in Sundy-Tembrook Smbdivision~ and
lots in Block 20 (Grove Park), on which there are c elznoueat ~
amounting to more than +~e va!ne of the property, aCa~ offered to deed these lots
to th~.. City and a~ply whatever allowance is mate to him on delinquent taxes on
other properties he owns. This w:-u!d save the ex-oense of foreclosure. ?~o lot,
bordar o~-'~ ~:.h": colored secfion, anJ w~,~ld form a 5uffe:. a~ma at that location.
City Attorney }~oOre ,est.i~ate(] the (' ~
coot of forec!os~e at approximately
per lot, and raco~r~ed'that ~,fi'. L~rS be.-Tive:n credit'for $'8.00 each for'6ha 21
lots, to be a~p;_zea on,~e~nquent taxes dr ldehs against other pro~.rty:wh~Ch
He did not consi(]er the lots ~'mrth mo.ce than tt~s to ~he City to be used as
After consideration, a motion ,was ms~e b.y Council:an Roth, seconded by Counci-
_¢~n Kabler, that a creo~,t- -'~ of 4~ 168.00 be ar:olie6 on ae~.z, nquent~ ~', Luxes on other
pro[~rty owned by Mr. Myers, and that deeds to the City covering Lots ,:~ through
35, 38 through 42, and 45 thro~Eh 49, Sundy-Tembrook ~ " .
_ ~uba~vision, and Lets 29
thro,~h 32, Block 4~> (Grove Park), be pl"eoared b,y .the City Attorney far ~,~r. ~yers
signatm'e. Upon ca~ of roll the motion carried uaat~mously.
The ler~( was irmtracted to strike Lots 26 and 27, Block 40, from tim list of
City ownedproperty being offered f c~' sale, in order to extend this buffer zone
wherever possible.
City Manager B~ck then smggested th:~t this land be leased by the City to a
N~'seryman, for possibly $ 50.00 a year, for a period of five years, ~itb an
option for renewal as lo~ as used for Nurse~- purposes.
~ Council referred this matter to the Zonin~ Board for c ms{te~stion of a
devlation from zoning restrictions necessary Lo allow the establishment of a
Nu~:~er,% at this location.
The Councii ~enadj~rned.~~
C~ty czerk
IT~ST: