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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: