04-12-49 !09
APRIL 12TH, 1949
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 $. L. Saunders in the Chair,
and City Manager Charles E. Black, City Attorney John Moore, and the following
Councilmen present: L. H. Brannon, John N. Kabler, Neil E. MacMillan, and Walter
A. Roth, a quorum being present.
Dr. E. M. Farber, Chairman of the Tennis Committee, asked that the following
report from that Committee be read:
"April 12, 1949
City Council
City Hall
De~ray Beach, Fla.
Dear Sirs:
The tennis committee wished to make a report of the seasons activities and
offer some suggestions for your consideration.
The past season was the best season we have ever had both financially and
otherwise. Our courts were supervised by Tomy Love and Hawthorne Bissel, the
professional. The fantastic i~ncrease in the tennis interest is largely due to
the tireless efforts of Mr. Bissel. He has talked tennis, lived tennis, sold
tennis, until our six courts co~ld not accommodate all the players who wished to
play. During the season Mr. Bissel and his wife arranged many tournaments which
were well attended. The City Championship Tournament was the~ climax to this
suceessfkul season and was completed this week.
The children have had several team matches in additon to their free tennis
clinic every Tuesday afternoon from three to six o 'clock.
One exhibition match was held in March, and the third annual Gulf Stream
Jr Tennis Tournament will be held in May.
Tommy Love has been the efficient court manager, collecting court fees and
supervising the maintenance of the courts and generally looking out for the City's
interest.
As to the suggestions--we offer these:
First: We would like the city to write Mr. Bissel a letter giving him the
position of tennis professional at the city courts with all con-
cessions during his winter here of 1949-1950.
Secondly: We would like the city to build a concret island between courts
#2 and #3-- 12' X 30' with a pipe framework covered with canvas.
Also, to provide suitable outside chairs for this island for the
confort~of both players and spectators. To make room for this
island the east fence must be moved. We suggest that this fence
be moved far enough to allow for the construction of two additional
courts. Although these courts may not be built at present the space
could be kept for future expansion without mo~tug the fence again at
some later date.
110
APRIL 12TH, 1949
Third: We would like permission granted for Mr. Bissel, his wife and small
son to use the old club house center room for living quarters. Cutting a new
doorway and installing a sink would facilitate this.
Lastly: We would suggest Tommy Love's salary be raised-from twenty dollars
per week to twenty-five dollars per week during the months Mr. Bissel is here.
Hopeing this meets with your speedy approval we remain-
The City Tennis Committee
(Si~ned) Dr. E. Monroe Farber
Dr. E. Monroe Farber
Chairman-
Herbert Sweet
Clarence Etheridge"
Dr. Farber asked that the Council act on the first request at this meeting,
as Mr. Bissell was leaving in a few days for the summer.
After consideration, a motion was made by Councilman Mac~t[llan, seconded by
Councilman Kabler, that the recommendation of the Tennis Committee that Mr. J "--.
Hawthorne Bissell be given the position of Tennis Professional at the City Courts
during the 1949-1950 winter season, together with all concessions, be approved,
and upon call of roll the motion carried unanimously.
It was agreed that the other recommendations of the-Committee would be con-
sidered within the next few weeks.
A letter from Mr. L. D. Lanier, as President of the Delray Riding Club, was
then read, as follows:
"March 22, 1949
City Council
Delray Beach
Florida
Gentlemen:
The Delray Riding Club , a non-profit corporation, 'Ss desirous of establishing
a permanent location within the City of Delray Beach. It has come to our attention
that Lot 20, Subdivision of the City of Delray Beach, is owned by the City and is
at the present time of no apparent use to the City.
This property is ideally located for the purpose of developing a pasture and the
establishRent of a Club house and other needs of the Riding Club. It is believed
that the Riding Club will be an asset to the City of Delray Beach and will offer
one more ~ttraction for our winter visitors.
It is requested by the Delray Riding Club that this property be leased to the
Riding Club for a period of five years with an option to renew. It is perfectly
agreeable with the Club that in the event the Club ceases to use the property
that the lease become null and void.
Yours truly,
(Si~ned) L, D, Lanier, Presidgnt
Delray Riding Club
APRIL 12TH, 1949 ·
City Manager Black explained that this tract of land is located in the
southwest section of the City, close to the Seaboard Railway, and will not be
needed by the City in the immediate future. He recommended that it be leased
to the Riding Club for a reasonable length of time.
Upon motion of Councilman Brannon, seconded by Councilman Roth, unanimously
carried, the Council agreed to lease the above described tract of land to the
Riding Club for a period of five years, with an option for renewal contingent
upon whether the City will need the property at that time.
Mr. J. L. Croft, of the Flamingo Taxi Service, appeared before the Council,
requesting a temporary permit to move their small office building from its
present location, to the South 50' of Lot 6, Block 101, across the street on S.
E. 5th Avenue. He explained that the building must be moved at once, as work
would be started ~,,,ediately on the c~nstruction of a new building on their
present location.
A motion was made byCouncilman Brannon, seconded by Councilman Mac~iillan,
that a temporary permit be granted to move the above building immediately, so
that their business would not be stopped. Upon call of roll the motion carried
unanimously.
Mr. C. R. Jacoby, and Mr. O. T. Thames, representing the Standard Oil Co.
appeared before the Council with reference to their previous request for a
special permit to remodel and construct certain additions to their Service
Station, located at the corner of Atlantic Avenue and the Federal Highway, which
request had been referred to the Zoning Board for recommendation.
The recommendation from the Zoning Board, that this special permit be de-
nied, was then read, as follows:
"March 29, 1949
Hon. Mayor and Members of
the City Council
Delray Beach, Florida
Gentlemen:
At a meeting of the Zoning Board held yesterday afternoon, the following
recommendations to the Council were unanimously approved:
1. An application for a Special Permit to complete the construction of
a building on Lot 9, Block 27, was approved. The Zoning Board feels
that in all instances adherence to existing regulations is necessary in order
to obtain final results that were in mind at the time the regulations and Ordinances
were adopted. In this instance, however, a condition exists that would necessitate
making a special zone, or rezoning a part of colored town. In view of a definite
lack of trend in this section, the Board felt that at this time it would not be
expedient to attempt rezoning.
2. The Board voted to recommend that the request of Mr. C. A. B. Zook to
move his frame building on the south side of Atlantic Avenue, east of
the Canal, back 40' from Atlantic Avenue, ~o:~clear ~.necessary abuttments for the
new bridge, be denied. It was the Beard's conviction that any improvements on
this property that would postpone or delay uniform adherence to the set-back,
would be undesirable.
112
APRIL 12TH, 1949
3. The. Board voted to recommend that a special permit be denied the
Standard 0il 6o..to extend their building on the N. E. corner of Atlantic
Ave. and the Federal Highway, on the_north and east sides; feeling that the
buildings effected would not ,.meet the requirements of the present building
regulations in that section.
Very truly yours,
(Sizned) Ruth R. $~it~
RUTH R. SMITH
City Clerk"
A letter from Mr. R. Bruce Puckett, a member of the Zoning Board, was
presented, and read:
"April 11, 1949
The Honorable Mayor, and other
Members of the City Council,
City of Delray Beach,
Florida.
Re: Application of Standard 0il Company
for structural alteration at Atlantic
Avenue ~nd East Sixth Avenue. .....
Gentlemsn:
The above application was taken up by the Zoning Board at a meeting which I
was unable to attend because I was recovering from pneumonia which put me
in the hospital. Therefore, I am taking this means of expressing my views
in the matter for your consideration.
I favor approval of the application for the following reasons:
1. It is my understanding that it is the policy of the Council
to work equity and avoid undue hardship upon an applicant
where that is possible in the public interest.
2. This Station was built before the present zoning and set
back ordinance was Adopted in 1938. Furthermore, this
applicant got a permit from the City of Delray Beach a
few months ago and went to an expense of several thousand
dollars to install new piping, tauks and pumps conforming
with existing set back and not with the ordinance passed.
in 1938. If they now had to remove these pumps, tanks
and pipes, a substantial loss would be sustained.
3. The alteration will not be made to that part of the structure
~ consisting of the islands and over-hang where the pumps are
located but would be to the building that is more than 20 ft.
back from the property line.
1.13
APRIL 12TH, 1949
4. This property is a very shallow lot and it would be
physically impossible to move the Station'~back oT-.' its
present location.
5. The main purpose of the alteration is to modernize and make
more attractive the existing enclosed structure and I believe
it is in the interest of the public to have that done and
eliminate what is now an out-of-date eye sore.
6. It is my understanding that the State Highway Department
and the County Commissioners do not intend to make a four
lane highway out of U. S. #l in Delray Beach. Our County
Commissioner expressed at a Council Meeting during the past
year that the plan is to have a three lane highway by paving
the shoulders. Furthermore, when the super highway is
constructed cut by the Seaboard Railway a great deal of
traffic will be taken off .~. S. #l, which will certainly
make unnecessary any fttrther widening in the futur~?, The
great bulk of the traffic on U. S. #l will be shifted to
the super highway.
Your attention is called to .the fact that during the past year the Council
has made at least two other exceptions on set backs, namely, permission
was given for substantial structural alteration to the Arcade Tap Room
and to the building of Mrs. Irene Moore, both located in the congested
shopping district on Atlantic Avenue. In view of these precedents and the
precedent that was created by the permit that was issued to this
particular applicant which was part of their overall plan, I believe it
is in the interest of equity and fairness that the application be approved.
Very truly yours,
(Signed). R, Bruce Puckett
RBP/vw R. BRUCE PUCKETT"
Mr. Jacoby then addressed the Council stating that they were only asking
for a permit to cover a lubrication room on the north end of their property,
and to build new rest rooms on the east. The present building would not be
enlarged, only cleaned and .painted. He explained that if the permit were n6t
granted the property would continue to operate as it is, and be an eye-sore on
this corner. The existing building is set back as required, enly the pumps and
canopy are in violation of the set-back regulations.
Mayor Saunders advised the Council that every Service Station along the
Highway would want to remodel, and if this permit were granted he felt that
any other request should~be granted also.
It was the consensus of opinion of the Council that the Zoning Board had
not considered this request thoroughly enough, and upon marion of Councilman
Brannon, seconded by CounciLman Roth, it was referred back to the Zoning Board
for reconsideration at a meeting to be held with the Council on Wednesday, April
13th, at 4 p. m., representative of the Standard Oil Co. to be invited to attend
the meeting.
Councilman Kabler, however, considering the improved appearance of these
Service Stations along the highway if they were allowed to remodel their premises,
was in favor of granting this permit at this time, and others as they were requested.
1'14
APRIL 12TH, 1949
The following letter from Mr. Seton Lindsay, Mayor of the Town of Gulf
Stream, was presented and read in full:
"March 31, 1949
Mr. C. E. Black,
City Manager,
Delray Beach, Florida.
Re: Fire Protection Contract - Delray
Beach - Gulf Stream.
Dear Mr. Black:
After discussing with you on March 3Otb the matter of negotiating a con-
tract between the City of Delray Beach and the Town of Gulf Stream, whereby
the City of Delray Beach by and through its Fire Department will respond to
fire calls and give fire protection to the properties within the limits of
the Town of Gulf Stream, I have conferred with the other members of the Town
Commission of the Town of Gulf Stream, and they have authorized me to con-
tinue negotiations and, if possible, to bring about a contract with the City
of Delray Beach for a period of five to ten years. The Town of Gulf Stream
would pay to the City of Delray Beach the sum of % 500.00 annually, on or
about January first of each year, as au annual stand-by fire protection fee;
said $ 500.00 to cover five fire dalls annually for services 6f the Delray
Beach Fire Department within the Town of Gulf Stream, and for all additional
fire calls which necessitated any part of the Delray Beach Fire Department
equipment to be driven to and used within the Town of Gulf Stream, the Town
of Gulf Stream would pay the City on the basis of ~ 1OO.O0 for each additional
such fire call or calls.
Upon a careful review of our Town Records, I ~ that for the past several
years there has been only one fire call from the Town of Gulf Stream for assist~ ~
ance, and upon ~rther investigation over a period of ten years, there has not
been more than three fire calls.
In accordance ~rith your suggest'Lon, the Members of the Town Commission
of the Town of ~lf Stream will be pleased to meet with members of the City
Council of the City of Delray Beach on April 12th, or at such other time as
you may find it convenient to hold such a joint meeting.
Very truly yours,
(Si~ned) Seaton .Linds~y
Mayor, Town of Gulf Stream"
The Council considered the terms offered by Mr. Lindsay, the period of
time to be covered by a conbract, and also the advisablility of purchasing an
additional fire truck, toward which the Town of Gulf Stream might pay a portion
of the cost.
Councilman Kabler was opposed to entering into an~ contract for such service,
and recommended only au agreement between the City of elr~y Beach and .the Town
of Gulf Stream, to go to their assistance in case of a fire, at the discretion
of the Fire Chief, the charge to be only the actual cost to the City.
APRIL 12TH, 1949
Mr. Lindsay was agreeable to a short term contract, and also agreed to pay
any additional insurance premium to extend insurance coverage, if necessary.
A motion was then made by Councilman MacMillan, seconded by Councilmon
Brannon, that the City agree to enter into a contract with the Town of Gulf
Stream for a period of one year, for a flat fee of $ 500.00 payable in advance,
plus a charge of $ 100.O0 per hour per fire, subject to priority rights of the
City of D~lray Beach, present liability insurance coverage to be extended to
include this territory, if necessary.
Upon call of roll the motion carried, Councilman Brannon, MacMillan, Roth
and Saunders voting in favor of the motion, and Councilman Kabler opposing.
Mr. William Deaderick, from the audience, advised the Council that he had
seen a notice of a proposed Bill before the Legislature which would limit the
time a railroad train could block any road or highway, to five minutes. He
suggested that a Resolution be adopted by the Council, backing up the promoter
of the Bill.
A motion was made by Councilman Brs.unon, seconded by ~ouncilman Roth, that
such a Resolution be d~awn~ commending the representative who proposed the Bill,
and endorsing it by the City Council. Upon call of roll the motion carried un-
animously.
Mayor Saunders presented a copy of a survey prepared by the Chamber of
Commerce, showing certain hotels, apartments and restaurants which will remain
open during the summer, if a proposed smmer advertising p~ogram is carried out.
Mr. Evensen, Secretary of the Chamber of Commerce, stated that they had
almost raised their quota of $ 2500.00 for this program, without any solicitation,
that he felt that the merchants would back the program wholeheartedly, and that he
expected the Fund to be oversubscribed.
Mayor Saunders, however, expressed his disappointment with the survey, stating
that the accommodations were mostly apartments and Trailder Parks, and restau-
rants on the Highway. He feared that if we did encourage tourist to come here we
would not be able to take care of the.
Councilman Brannon felt that more accomodations would stay open to serve
tourist if we could bring the people here, and that whatever would be spent
for an advertising program would be gained through increased business.
City Attorney Moore then advised the Council of the present rent control
Act, which provides that all buildings built and completed before February 1st,
1947, are subject to rent control, even though previously decontrolled. By
renting an apartment or hotel room at a reduced rate to enco:~rage summer tourist
business, a per~,nent ceiling rate would be established from then on. He ex-
plained that only by action of the Municipal authorities, and the ap'~roval of the
Governor, could a City be decontrolled.
A letter from the Delray Beach Realty Board, with reference to this rent
control situation, was read as follows:
"April 12, 1949
TO THE HONORABLE MAYOR and
COUNCIL OF TH~ CITY OF DELRAY BEACH,
Florida.
APRIL 12TH, 1949
Gentlemen:
At a meeting of the Delray Beach Board of Realtors held on April 8th,
a resolution was unanimously adopted as follows:
Be it resolved that the Delray Beach Board of Realtors go qn record as
favoring the de-control from 0PA Rent controls for the City ofDelray Beach
and that the City Council be advised accordingly and asked to take the nec-
essary steps for the accomplishment of this purpose.
We will appreciate any action taken in connection with this matter and
promieeyou our fullest cooperation.
Respectfully yours,
DELRAY BEACH BOARD OF REALTORS
By (Signed) Paul S, Gringle
PEG zm Secretary"
A motion was made by Councilman Brannon, seconded by Councilman MacMillan,
that the City Council take such steps as necessary to request the Governor to
abolish rent controls in this City, and that a delegation from this City present
the request to the Governor. Upon call of roll the motion carried unanimously.
It was the consensus of opinion of the Council that the possibility of
decontrolling rents be determined before going ahead with plans for a summer
advertising program, although Councilm~u Kabler stated that he felt the merch-
ants were greatly interested in such a program and would back it by their con-
tributions, and he felt that in fairness to these merchants the City should
show its good faith in the venture and appropriate the additional $ 2500.00
ne eded.
Councilman MacMillan stated that while he was not against a summer adver-
tising program, he would rather spend that amount of money on Golf Course
improvements, which w~ll show results when completed.
Councilman Brannon urged the Council to continue with plans for summer
advertising, believing it would be money well spent if only a little business
, were gained by it, and he felt that after the required publication of notice
pertaining to our request for ~he decontrolling of rents, we could get the
Governor's approval in a day's time.
Councilman Roth also favored going ahead with the program.
Councilman Brannon then moved that the City match, up to $ 2500'~00, sub-
script~ions raised by the Chamber of Commerce, providing the decontrolling of
rents in Delray Beach is accomplished. Upon call of roll the motion carried,
Councilman Brannon, Kabler, and Roth voting in favor of the motion, and Council-
man MacMillan and Saunder opposing.
City Attorney Moore ~.dvised the Council that the Florida East Coast
Railway Co., through their Attorney, had asked to have a meeting with the
Council with reference to the proposed condemnation of the N. E. 1st Street
crossing. He had advised him that the City intended to go through with the
opening of this crossing; but recommended that a hearing be granted, feeling
trey might be more cooperative at this time, which could result in a saving of
time and money to the City.
APRIL 12TH, 1949
A motion was made by Council~,.an MacMillan, seconded by Councilman Brannon,
that the City Attorney proceed with condemnation proceedings, and decline to
hold a meeting with the Railroad Company.
Councilman Kabler, Roth and Saunders felt that the Council should meet
with the railroad officials, and Councilman Brannon withdrew his objection.
A motion was then made by Councilman Kabler, seconded by Councilman Roth,
that the City Attorney be authorized to inform Florida East Coast Railway
officials that the Council would meet with them at 7:30 P. M. on Tuesday, April
19th, in the Council Chambers. Upon call of roll the motion carried, Counct~mau
MacMillan opposing the motion, all other Councilmen voting favorably.
City Manager Black presented a r~qdest from the Tennis Committee that
$ 250.00 be set up in the current budget for the Junior Tennis Tournament be
turned over to them at this time, and upon motion of Councilman Brannon, seconded
by Councilman Roth, unanimously carried, ~ae request was granted.
Upon motion of CounCilman Brannon, seconded by Councilman MacMillan, an
offer to purchase one or two lots which are o,~med by the City in Westside
Heights, just south of the Colored American Legion Home, was declined.
The following letter from Mr. A. R. Bates, offering to purchase Lot 26,
Block 40, was read:
"March 31, 1949
City Council
Delray Beach
Florida
Gentlemen:
I have recently purchased Lot 13 and the North ten feet of Lot 14, Grove Park,
Block 40, City of Delray Beach. I am very desirous of purchasin~g~the lot directly
West of Lot 13 which is Lot 26. It is my understanding that %his lot is owned
by the City of Delray Beach and it is being held by them for use as a buffer be-
tween the white and colored sections of town.
If the Council will see fit to sell this lot to me I will be happy to accept
title to the property subject to the restriction that the use of it will in no
way conflict with the City's policy of maintaining a buffer in that area.
I will appreciate being advised on this matter.
Yours very truly,
(.Signed) A, R. Bate~
A. R. Bates"
A motion was made by Councilman Brannon, seconded by Counc~lm~_u Kabler,
tha~ this offer be declined, and that the City retain all lots they own in this
block be established a buffer zone along the colored line. Upon call of roll
the motion carried, Councilmen Brannon, Kabler, Roth and Saunders voting in
favor of the motion, and Councilman MacMillan not voting.
118
APRIL 12TH, 1949
Recommendations of the Zoning Board as to certain requests which had
been referred to it were read as follows:
"March 29, 1949
Hon. Mayor and Members of
the City Council
Delray Beach, Florida
Gentlement:
At a meeting of the Zoning Board held yesterday afternnon, the following
recommendations to the Council were u~animously approved:
1. An application for a Spedial Permit to complete the construction of
a building on Lot 9, Block 27, was approved. The Zoning Board feels
that in all instances adherence to existing regulations is necessary in order
to obtain final results that were in mind at the time the regulations and
O~di~ances were adopted. In this instance, however, a condition exists that
would necessitate ms_king a special zone, or rezoning a part of colored town.
In view of a definite lack of trend in~ this section the Board felt that at
this time it would not be expedient to attempt rezoning.
2. The Board voted to recommend that the request of Mr. C. A. B. Zook
to move his frame buildimg on the south side of Atlantic Avenue, east of the
Canal, back 40' from Atlantic Avenue to clear necessary abuttments for the
new bridge, be denied. It was the Board's conviction that any improvements on
this property that would postpone 8r~delay uniform adherence to the set-back,
would be undesirable.
3. The Board voted to recommend that a special permit be de~ied the
Standard Oil Co. to eEtendtV~their buildi~g'gn the N~! E..c0r~.~of
Atlantic Ave. and the Federal Highway, on the north~ and east sides; feeling
that the buildings effected would not meet the reqdi=ementS ~f the present
building regulations in that section.
Very truly yours
(Si~ned) Ruth R, Smith
RUTH R. SMITH
City Clerk"
Upon motion of Councilman Brannon, seconded by Counci~m~n Mac~llan,
unanimously carried, the first two recommendations were approved, the third'
having been disposed of earlier in the meeting.
Two requests for additional street lights were filed by the City Manager,
as follows:
1. At the corner of N. W. 6th Ave. and 1st Street.
2. At the corner of S. E. 3rd St. and 1st Avenue.
Mr. Black stated that lights were needed arc,both locations, and by motion
of Councilman MacMillan, seconded by Councilman ~Kabler, he was instructed to
take necessary steps to have lights inst~lled.
i19
APRIL 12%H, 1949
Upon motion of Councilman Brannon, seconded by Councilman MacMillan, unan-
imously carried, the City Manager was instructed to order a traffic light
immediately for the corner of the N. Federal Highway and 8th Street, aS this
will become an-exceptionally dangerous corner with the completion of the 8th
Street bridge.
An appropriation of $ 50.00 was authorized for the City Manager to attend
a short course Tor City Managers to be held at the University of Florida in
Gainesville, May 5th thro ~gh 7th, in a motion by Councilman Brannon, seconded
by Councilman MacMillan, unanimously carried
City Manage~r Black advised the Council that since purchasing the Michigan
Crane from the ~edersl Government the City had no use for the ,~m_~_~ Hydro-Crane,
and recommended that it be sold.
Upon motion of Councilman MacMillan, seconded by Councilman Brannon, the
City ¥~nager was authorized to advertise for bids on the above equipment,
reserving the Sight to reject any or all bids.
A Resolution prepared by Attorney J. W. Nowlin, with reference to vacating
a 10' alley in Seestedt-Stevens Subdivision, was then presented and read as
follows:
"RESOLUTION NO. 731
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING
AND ABANDONING THE ALLEY BETWEEN LOTS 8 AND 9 AND BETWEEN LOTS 10 A~D 11 IN
SEESTEDT-STEVENS.
,JHEREAS There is now located between ~ots 8 and 9 and between ~ots 10 and
11 Of Seestedt-Stevens Subdivision a ten foot alley which has never been used
by the City of Delray Beach, and
WHE~ a request has been made by Hamilton H. Roberts and wife, the owners
of Lots 10 and 11, and Darlington Davenport, the owner of Lots 8 and 9 of said
Subdivision that such alley be vacated and abandoned, and
WHEREAS the City Council has determined that the said 10 foot alley will
serve no useful purpose,
NOW THEREFORE, Be it Resolved by the City Council of the City of Delray
Beach, Florida, that the alley located between Lots 8 and 9 and between Lots
10 and 11 of Seestedt-Stevens Subdivision be and the same is hereby vacated
and abandoned.
PASSED IN regular session on this the 12th day of April, 1949
,.,(Signed) J, L, Saunders
P~esident, City Council
APPROVED:
ATTEST: '
(Si~ned) J. L, Saunders
(Signed) Ruth R, Smith. Mayor
City Clerk
SEAL"
APRIL 12TH, 1949
A motion was made by Counci!m~n Brannon, seconded by Councilman Roth, that
the foregoing Resolution be passed and adopted as read, subject to the approval
of the City Attorney, and upon call of roll the motion carried unanimously.
The City Attorney stated that the above Resolution was correct as to form.
Public hearing was held to receive objections to the construCtion of storm~
drains on S. E. 4th Avenue, from the alley south of Atlantic Avenue to 1st
Street, and east on 1st Street to the Federal Highway.
No objections were filed to the above improvement, and the following
Resolution was intorduced:
"RESOLUTION NO. 732
A RESOLUTION OF THE CITY COUNCIL OF T~E CITY OF DELRAY BEACH,
FLORIDA, AUTHORIZING THE CITY ENGINE~ER TO PROCEED WITH THE
CONSTRUCTION OF STORM DRAINS ON S. E. 4TH AVENUE FROM THE ALLEY
SOUTH OF ATLANTIC AVENUE TO S. E. 1st STREET, AND EAST ON S. E.
1ST STREET TO THE FEDERAL HIGHWAY, AND THE INSTALLATION OF NINE
NECESSARY CATCH BASINS IN CONJUNCTION THEREWITH.
WHEREAS, the City Council of the City of Delray Beach, Florida, did on
the 22nd day of March, 1949, determine to proceed with the construction of
storm drains on S. E. 4th Avenue from the alley south of Atlantic to S. E.
1st Street, and east on S. E. 1st Street to the Federal Highway, and the in-
stallation of nine necessary catch basins in conjunction with such storm drains,
and
WHERrieS, the Resolution providing therefor has been duly published as re-
quired by the City Charter, together with a notice that objections to said
improvement would be heard on this date, and
WHEREAS, no objections have been made to such proposed improvement,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray
Beach, Florida, that the City Manager be and he is hereby instru6ted to pro-
ceed with the construction of storm drains on S. E. 4th Avenue from the alley
south of Atlantic Avenue to S. E. 1st Street, and east on S. E. 1st Street to
the Federal Highway, and the installation of nine necessary catch basins in
conjunction with such storm drains, according to plans and specifications
herefore filed with the City Clerk, a copy of which is filed in the office of
the City Engineer and kept open for the inspection of the public.
PASSED in Regular Session on this the 12th day of April, 1949.
(Si~ned) J. L, Saunder~
Presidnet - City Council
APPROVED:
ATTEST:
· (Si~ned) J. L. Saunders
(Si~ed) Ruth R, Smith Mayor
City Clerk
SEAL"
APRIL 12TH, 1949
A motion was made by Councilman Brannon, seconded by Councilman MacMillan,
that the foregoing Resolution No. 732 be passed and adopted as read, and upon
call of roll the motion carried unanimously.
The following Resolution was then presented and read~ in full.
RESOLUTION NO. 733.
APRIL 12TH, 1949
Councilman Brannon then brought up Civil Service and Pension Acts, for
the approval of the Council, which he stated had been revised according to
information he had gained at the recent public' meeting. These Acts, he ex-
plained, had been prepared as two Bills, separate from the Charter, to be
voted on individually.
Mr. Brannon explained that a provision had been included whereby an
employee can be dismissed if his services are no longer needed because of
change of work, or abolishment of the position, which must be approved by
the Civil Service Board, but without right of appeal.
He also clarified the point that employees are not required to par-
ticipate in the Pension System, but in order to receive any benefits they
must participate for a period of five years after the enactment of the Bill.
He urged the Council to pass on the Bills immediately in order to present
them to the Legislature now in session. People would have an opportunity to
study the Acts further before the election is held.
The Council felt that they themselves had not studied the Bills care-
fully, and as there was not t~me to appoint a Committee to make a though iL j
study of them, they agreed to act as a Committee, and report at the next
meeting to be held on April 19th.
A copy of the two Acts was then given to each Councilman, and a copy
sent to the Property Owners Protective Association and the Beach Property
Owners Association for their consideration before April 19th.
In a motion by Councilman Kabler, seconded by Councilman Roth, unan-
imously carried, bills totaling $ 34,051.78 were ordered paid, subject to
the approval of the Finance Committee .....
The meeting then adjourned..~~Cit~ Cl~erk~ ~'~~
ATTEST: