05-24-49 MAY 24TH, 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 J. L. Saunders in the
Chair, and City Attorney John Moore, City Manager Charles E. Black, and the
following Councilmen present: L. H. Brannon, John N. Kabler, Neil E. Mac-
Millan and Walter A. Roth, a quorum being present.
At the request of the Council, City Manager Black reported on a recent
conference between Florida East boast Railroad officials and Councilmen
Kabler and MacMillan, and himself with referenc~ to the railroad crossing at
N. E. 1st Street.
The railroad agreed not to~ contest the opening of the crossing, but they
proposed that the City bear the expense of building the crossing and one-half
of the cost of signal protection. Mr. Black explained that the main expense
of the crossing would be the installation of filler rails, necessary to keep
dirt away from the tracks, the cost of which the City was also asked to bear,
at a total estimated cost of ~approFtmatelt ~ 900.00. A counter proposal had
been mad~ to the Railroad Company that the City bear only the cost of the
crossing, including the filler rails, and that the railroad bear the full
expense of the signal protection.
After consideration , a motion was made by Councilman Brannon, seconded
by Councilman Roth, that the City offer to bear the expense of opening this
crossing up to $ 600.00, providing it is o?ened within the next ninety days.
Upon call of roll the motion carried unanimously.
The City Manager was instructed to inform the Florida East Coast Railway
Co. of this official action of the Council. ~_~
In a motion by Councilman Brannon, seconded by CouncilmanKabler, unan-
imously carried, the City Manager was instructed to take immediate action to
expedite work on N. E. 1st Street street improvements, east and west of the
tracks, prior to the opening of the cross~m~, the cmst to be assessed against
the abutting properties.
An application for permit to build a Service Station on the N. W. corner
of the North Federal Highway and Fifth Street, on Lots 29-31 inclusive,
Hofman Addition, filed by James Doherty, was approved, subject to the approval
of the Building Inspector as to plans and set-back requirements, upon motion
of Councilman Mac~llan, seconded by Councilman Kabler, and unanimously carried.
Upon motion of Councilman MacMillan, seconded by Councilman Roth, and
unanimously carried, permission was granted the Garden Club to hold a Zenia
Show on some Saturday in June in front of the Delray Book Shop on East Atlantic
Avenue, from 8:00 A. M to 5:00 P. M., only~ouquets of cut flowers to be sold,
to help defray ex~.enses.
Mayor Saunders then invited County Commissioner C. Y. Byrd, and County
Engineer J. M. Boyd, to sit at the Council table, as they had been asked to
come to ~is meeting to answer questions relative to the proposed Atlantic
Avenue bridge construction.
The following letters and messages received pertaining to this project
was read by the Mayor:
i51
y~t¥ ~T~, 19&9
1. Letter from ~. H. H. Hively, President of the Chamber of Commerce.
2. Letter from blr. M. M. DeWitt, President of the Delray Beach Property
Owners' Protective Association, addressed to Mr. Nively.
3. Telegram from Charles S. Moore.
Telegram from Mr. and Mrs. Charles B. Houston.
5. Telegram from P~rcell C. Tiernan.
6. Letter from Dr. W. B. Bunch.
?. Letter addressed to Delray Beach News from Thomas M. ~oykin.
Mr. C. Y. Byrd then addressed the Council, offering to explain plans for the
const~u~ction of the Atlantic AvenUe Bridge. He called attention to the original
plan to build this bridge before the 8th Street bridge, which would have necessi-
tated a temporary vehicular bridge at Atlantic Avenue. In accordance with the
wishes of the people, expressed at a public hearing, the plans were chan~ed and
it was decided to mb~ild the 8th Street bridge f~rst, to be used during construct-
ion of the bridge at Atlantic Avenue, eliminating ~the expense of a temporary
vehicular bridge at that location. He stated that no i~nds are now available
for a temporary bridge, unless financed by private individuals.
Mr. Byrd stressed the fact that there was ro great fear of loss of business,
as the bridge construction will not start until~ April 1st, 1950, when most of the
shops on East Atlantic Avenue are closed for the sunnier. The 8th Street bridge
will be opened by Labor Day or shortly thereafter, and traffic over this route
will be e~stablished by the ne~t spring.
When questioned as to the possibility of steel and materials being assembled
by the County during the winter, and contracts,'~let without these factors, Mr.
Byrd explained that the bridge would be built by the State Road Department From
f~nds provided by a Bond Issue, the County only furnishing the right-of-way, and
engineering assistance. He did say, however, that contract would be let as soon
as possible, so that the Contractor would be able to place orders for steel and
materialS, and work could be started by April 1st, 1950, without delay.
Mr. J. M. Boyd, County Engineer, then addressed the Council and audience,
further explaining that the planning of the bridge construction had been figured
out so as to prevent as much traffic loss as possible. He felt that the bridge
might be finished before the next s~ason. By letting the contrect this fall, with
the provision that no work will be done that will interfere with traffic on the
present b~idge before April tst;~The~ contractor can assemble his materials, and
be ready to start construction ~ that date. A temproary foot Bridge will be
provided for the use of pedestrians going to and from the beach during construction.
Mr. Boyd explained the structure of the bridge, as a four lane bridge, ~0'
in width, with a sidewalk on each side. Sidewalks,~cOming off of the west end of
the bridge will connect with steps that will go down a retainin~ wall to the
present ~idewalk. 10' extra space will be allowed in front of the Boyd Building
to allow for parking ~pace, making the bridge approach 50' at this point. The
height of the new road above the ores~nt level will decrease ~ro~ /~' at the east
.end of Eelly's Cocktail Lounge to,~ormal street, level~ at the west' en~ o~f~ the '~'
~Boy~ building. Approachea~ %o the bridge Will be~&~)"~ide, which will allow f~ur
lanes of traffic, or 'two traffic lanes with parking on either side.
Mrs. Grace S. Weir, owner ~of ~the Boyd Building, complained of the certain
loss of tenauts in her building by raising the street above its present level and
necessitating going down steps to reach the stores. She asked the Council for
definite assurance that the additional 10' in the width of the Street at her
building could be used for parking. She a~so asked that "~Lover's Lane", a 25'
lane running from Palm Street through to Marine Way, be paved and opened for
public use, to provide some parking space for her tenants.
MAY 247H, l~J9
?he Council was advised by the City Attorney that it would b~ wi~e for
them to study these requests in detail before making any definite committments.
A motion was then made by Councilman Brannon, seconded by Councilman Mac-
Millan, that in order to avoid -any further'doubt as'to a tempo~ary~ vehicular
structure at Atlantic Avenue, the Council conm~end the County Commissioners
and the Delray Beach Property Owners' Protectve~Association on the stand they
have taken in this respect. Upon call of roll the motion carried unanimously.
Mayor Saunders thanked Mr. Byrd and Mr. Boyd for coming to'this meeting
and clarifying points which had been brought up.
Mr. Byr~ then asked that Mr. Black be allowed to cooperate with the County
Engineer in stipulating the right of way east of the bridge. Knowing that
some p~operty owners fear their damages will exceed their benefits, he asked
the ~ cooperation of the City administration and the City Manager in working
out these problems. As to the property owners, he explained that if they felt
their property was greatly damaged, they would have recourse in Court, although
he hoped this WoUld ~not: happeD.
The following letter from the Chamber of Commerce was read and ordered
filed:
"May 24, 1949
Mayor Jack gaunders
Delray Beach, Florida
Dear Mayor Saunders:
Due to the time elapsed in effecting rent decontrol in Delray Beach, the
Chamber of Commerce will not place its summer advertising in ~ffect this year.
Therefore, we will~ not use the $2500.00 appropriation which the City of
Delray Beach approved for advertising purposes and it is our hope that this
money may be used for civic improvements, or, for improvements of the Golf
Course and the beach. '
The Chamber of Commerce Wishes to express its sincere appreciation to the
City Council for their cooperation in promoting Delray Beach as a summer and
winter resort.
Respectfully,
Delray Beach Chamber of Commerce
(Signed) E. L. Evens~n, , ", ,~
ELE:A .~ E.L. Evensen, Secretary-Manager"
MAY 24TH, 1949
City Manager Black advised the Council that he had investigated the dis-
count allowed Punch Board distributors in the City of West Palm Beach, and
found that 5% discount was allowed for the affixing of stamps on the boards,
by which the City had gained the cooperation of the distributors in reporting
violators, and the problem of policing the boards had been practically elimin-
ated.
Councilman MacMillan was opposed to allowing this discount, as he felt the
dealers in these boards were m~king enough profit without increasing it. No
action was taken on the matter.
A letter from the office of the Housing Expediter in Washington, D. C.,
with reference to the removal of rent controls'in this City, was read as follows,
and ordered filed:
"May 20, 1949
City of Delray Beach
Delray Beach,
Florida
Attention: Mr. John Moore, City Attorney
Gentlemen:
On May 19, 1949, I received a copy of the resolution adopted on April 26, 1949
by the Governing Body of the City of Delray Beach, Florida, for the decontrol of
that city. In accordance with the Housing and Rent Act of 1949, a public hearing
was held which resulted in a finding that there no longer exists such a shortage
of rental housing accommodations as to require rent controls.
The resolution was signed by the President of the City Council and approved by
the Governor of the State of Florida. Based on this resolution, I have today
issued amendments to the rent regulation, copies of which are enclosed, re-
moving Federal rent controls from the City of Delray Beach, Florida, effective
May 20, 1949.
'Sincerely yours,
(Signed) Ed Dupree
Enclosure ED DUPREE
Acting Housing Expediter
CC: Honorable Fuller ~arren
Governor of Florida"
It seemed apparent that all rents were decontrolled, although Mr. Kenneth
Montgomery, President of the local Board of Realtors stated that he had con-
tacted the National Board of Realtors as to the cancellation of the Veteran's
Preference Clause, and would report to the Council regarding their reply.
The following letter from the Jr. Chamber of Commerce Softball Committee
was then read:
MAY 24TH, 1949
"May 17, 1949
To: The Mayor and
Members of the City Council
Delray Beach, Florida
Gentlemen:
It is hereby requested that the shower facilities at the Delray Beach
Municipal Tennis Courts be made available to the Delray Beach Softball
League during the 1949 season.
Respectfully yours,
SOFTBALL CO~ITTE~
Jr. Chamber of Commerce"
Upon motion of Councilman Brannon, seconded by Councilman MacMillan,
and unanimously carried, permission was granted for ~he Softball League to
use the showers at the Tennis Courts, providing they will be responsible for
their working order while in their use.
An offer from J. B. Davis, to purchase the east 20' of Lots 46 and 47,
Sundy-Tenbrook Subdivision, which join his property on the west,~W&~ tabled,
the Council feeling that this property should be keot as a buffer zone be-
tween the white and colored sections.
Mayor Saunders was asked to write a letter of commendation to the Tennis
Committee for their fine work in b~inging the Jr. Tennis Tournament to this
City, which was such a success, and for their plans to hold a State Tennis
Tournament here in September; also to advise the Committee that their re-
quests for certain improvements to the Courts were discussed at a financial
meeting of the Council, and would be further considered when the budget for
the next fiscal year is prepared.
Upon motion of Councilman MacMillan, seconded by Councilman Brannon,
unanimously carried, the Council agreed to loan the bleachers at the Ball
Field to the °oftball League, if it was found that the City has jurisdiction
over them.
The City Manager was asked to investigate the origin of the Memorial
Athletic Conm~ittee, its present membership, and to whom they are responsible.
City Manager Black reported that the rake attachment for the Ford
Tractor, to be used in cleaning the beach, had been tried out and found to
work successfully in raking up seaweed. The problem would be in disposing
of the seaweed. He recommended that the rake be purchased at a cost of $ lA?.
50, as one man ~uld then be able to keep the beach clean, which he is not ~
now able to do. The rake could also be used in other places.
A motion was made by Councilman MacMillan, seconded by Councilman Kabler,
that the City Manager be authorized to purchase such a rake, subject to com-
pliance with legal technicalities, and that he use his own discretion in dis-
posing of the seaweed.
155
MAY 24TH, 1949
On motion of Councilman Kabler, seconded by Councilman MacMillan, the City
Attorney was instructed to offer $ 100.00 for the purchase of Lot 15, Block C,
Homewood Subdivision, which is the only privately owned lot in the area of the
Golf Course extension.
City .Manager Black advised the Council that mosb of the work had been
done on the new section of the Golf Course that could be done with the bull-
dozer, and it was now ready for the rough grading, although the ground is too
dry at the present time to work on.
Mayor Saunders reminded the Council that Mr. Mike Blank had offered to
build one hole at actual cost, if allowed to do it in his spare time, in order
to learn what the exact cost would be. He estimated the cost,however, would be
from $ 2500.00 to $ 3000.00 for operating the machinery.
A motion was then made by Councilman MacMillan, seconded by Councilman
Roth, that the $ 2500.00 which will not be used by the Chamber of Commerce for
a summer advertising campaign, be made available to the Golf Committee, to be
used toward the construction o£ one hole on the Golf Course e~tension, or as
they see fit, Mr. Black to meet with the Committee to work out the details. It
was suggested by Mr. Black that it might be wise to build Number 12 hole first,
which runs along Atlantic Avenue, to give au appearance of progress from the
highway.
The following Ordinance was then brought up for second and final reading,
and same was read in Full:
ORDINANCE NO. G-75
AN ORDINANCE OF THE CITY C UNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, DIVIDING UHE SAID CITY INTO FOUR DIRECTIONAL SECTIONS;
PROVIDING FOR A UNIFORM NUMBERING SYSTEM FOR ALL BUILDINGS
LOCATED WITHIN SAID CITY; REPEALLNG ORDINANCES OR PARTS OF
ORDINANCES IN CONFLICT HEREWITH AND PROVIDING A PENALTY FOR
THE VIOLATION THEREOF.
That in order to provide a uniform numbering system for buildings located
'within the City of Delray Beach, Florida, it ~_s hereby
ORDAINED by the City Council of said City as follows:
Sectio[l: That the City of ~elray Beach, Florida, is hereby divided
into four (4) Sections, namely, North-east (NE), North-west (N~), South-
east (SE), and. South-west (SW). The focal point and dividing lines for such
directional segregation of said City shall be the intersection o£ Atlantic
Avenue and Swinton Avenue; That section which is bounded by North Swinton
Avenue on the East and West Atlantic Avenue on the South is hereby designated
as the Norht-West Section; that section which is bounded by North Swinton
Avenue on the West and East Atlantic Avenue on the South is hereby designated
as the North ~ast section; that section which is bounded by South Swinton
Avenue on the East and West Atlantic Avenue on the North is hereby designated
as the Southwest section; that section which is bounded by South Swinton
Avenue on the West and East Atlantic Avenue on the North is hereby designated
as the South-east section.
.56
MAY 24, 1949
Section 2: That any building located on property lying adjacent to the
Avenues (except Atlantic Avenue) in said City and which .face East, shall have ~
even numbers and any such building facing West shall have odd numbers; that
any building located on property lying adjacent to Streets or other roadways
including Atlantic Avenue, in said City, and facing North have even numbers; '
any any such building facing South shall have odd numbers.
Section 3: Any Avenue, street, road, lane, alley-way, court, terrace,
boulevard or other roadway running in a diagonal direction from the :fOC~ .~
point, as set forth in Section I hereof, shall have even numbers on the
left side of such avenue, street, road, lane, alley-way, court, terrace,
boulevard or other roadway, and shall have odd numbers on the right side of
such avenue, street,-road, lane, alley-%,ay, court, terrace, boulevard or
other roadway.
Section 4: That, using the dividing lines of Swinton Avenue and Atlantic
Avenue, numbers of h~ildings in each Section, as specified in Section i here-
of, located in said City shall start with Number i for the first twenty-five
(25) feet, and shall have the next higher number (odd or, even as t~e case
may be) for each additional twenty-five (25) feet going away from said focal
point; at each block intersection thereafter, going away from said focal_
point, building numbers shall be the sum of one (1) for the first twenty
five (25) feet and shall have the next higher number (odd or even as the
case may be) for each additional twenty-five (25) feet plus one hundred (100)
for each such intersection.
Section 5: T~at any buildings located in the rear of any other building ~-~
which faces an avenue, street, road, lane, alley-way, court, terrace, boulevard
or other roadway shall take the number of the front building and add one-half .
(1/2).
Section 6: That the Building Inspector establish and maintain a map of
the City of Delray Beach, Florida, reflecting the numbers on buildings as
hereinabove provided.
Section 7: That all ordinances or parts of ordinances insofar as
they may be inconsistent or in conflict with the provisions of this ordinance,
be, and the same are hereby repealed.
Section 8: That any corporation, firm, agent or person violating any ~.-
section or sections of this ordinance shall be deemed guilty of a misd~emenor
and subject to a fine not to exceed One Hundred Dollars ($100.00) or by
imprisonment for term not to exceed ninety days (90), or by both such fine
and imprisonment within the discretion of the Municipal Judge.
PASSED in regular session on the second and final reading on this the
24th day of May, A. D. t949.
(Signed) J, L, Saunders
President, City Council
ATTEST: APPROVED: J TM
~Signed) Ruth R, Smith (Si~ned) J. L. Saunders . '
City Clerk MayOr',
SEAL"
MAY 24TH, 1949
Councilman Brannon recommended that Section 8 of the above Ordinance be
amended to provide for a fine of One Hundred Dollars, instead of Five Hundred
Dollars, stating that such fine might be imposed, and it was unreasonable.
A motion was then made by Councilman MacMillan, seconded by Councilman
Brannon, that the foregoing Ordinance No. G-75 be passed and ~.dopted on final
reading, and upon call of roll the motion carried unanimously.
The City Engineer advised the Council of the completion of Street Paving
~Inprovement on N. W. 6th Avenue, and filed assessment roll covering same, as
follows:
Front Assessment Total
~ Pron~rtv Owner Footage per ft. Assesmen$
Block 10
E 75' of S 100! of Block L.L. & Annie Youngblood 100' $ 1.68 $ 168.00
N 35' of S. 135' of E 75'
of Block Ozie F. Youngblood 35' " 58.80
NL177' of S. 312' of E 135'
of Block 0zie F. Ymmgblood 177' " 297.36
S., 50' of N. 300' of E. 135' ·
of Block Willie C. Scott 50' " 84.00
S... 50' of N. 250' of E. 135'
of Block Susanna Williams 50' " 84.00
S.~ 50' of N. 200' of E. 135'
of Block Minnie Newman 50' " 84..00
S.. 30' of N. 150' of E. I35.6'
' ~"' of Block Viola Taylor 30 ' "50. ~+0
S.. 30' of N. 120' of E. 135.6'
of Block Lewis & Hattie Fashaw 30' " 50.40
S.. 30' of N. 90' o* E. 135.6'
of Block Leon & Rebecca Hayes 30' " 50.40
S. 30' of N. 60' of E. 135.6'
of Block Stella Gaines 30' " 50./+0
N. 30' of E. 135.6' of Block Jim Thompson, Jr. 30' " 50.40
Block 11
S. ½ of S. ~ of Block, less
W. 50' of S. 135' James Monroe 153' " 257.04
N.~ ½ of S. ½ of Block Lee Monroe 153' " 257.04
Lot 50' x 100' in S. E.
corner of N ~ of Block Harrison Edmonds 50' " 84.00
S. 50' of N. 256' of E. 153'
of Block Alex Edmonds 50' " 84.00
S. 53' of N. 206' of E. 153'
of Block Alex Edmonds 53' " 89.~0~.
E. 85' of s. 170' of s. 170'
of N. ~ of Block James Kerr ~0' " 50.40
E.~85' of S. 220' of N. ~
of Block Pearl Lee Roberts 50' " 84.00
N.~ of Block less~ W. 200'
of N. 135' and less W.
135' of N. 153', and less
E. 85' of S. 80'. Mary Lee Nathan Albert 73' " 122.64
MAY 24TH, 1949 Assess Total
Front ment Assess
-~' ~ ~' DeScription Property Owner Footage per Ft. Ment
B16cE 12
Lot 1 Estella Bowleg 140' $ 1.68 $ 235.20
Lot 12 R.C. Cleckley 42.1' " 70.73
Lot 13 Ethel Mae Pittman 25' " 42. OO
Lot 14 Ethel Mae Pittman 25' " 42.00
LOt 15 Ethel Mae Pittmau 25'~ " 42.00
Lot 16 Ethel Mae Pittman 25' " 42.00
LOt 17 B. Symonette 51.1' " 85.85
Lot 18 Minnie Newman 50' " 84.00
Lot 19 Big "G" Corporation 50' " 84.00
Lot 32 Jessie Muse 135' " 226.80
Block 18
W. 50' of S. 150' of
Block Henry & Hazel Clem 150' " 252.00
N. 50' of S. 200' of
W. 135' of Block Lucille Campbell 50' " 84.00
N. 50' of S. 250' of
W. 135' of Block Milton Hepburn 50' " 84.00
S. 50' of N. 362' of
W. 135' of Block Neil & Nellie M., MacMillan 50' " 84.00
N. 50' of S. 350' of
W. 135' of Block Aaron G. Charlow, Jr. 50' " 84.00
S. 100' of N. 262' of
W. 135' of Block Marian & Blanch Williams- 100' " 168.00
S. 50' of N. 162' of
W. 135' of Block Neil & Nellie M. MacMillan 50' " 84.00
S. 62' of N. 112.' of
W. 152' of Block Pearl Fletcher 62' !' 104.16
W. 100' of N. 50' of
Block Hattie B. Pope Davis 50'. " 84,00
Block 19
Approx. So. 66' of W.
135' of Block Mary Nesbitt 66' " 110.88
N. 40' of S. 106' of W.
135' of Block Mary Keyes 40' " 67.20
S. 50' of N. 200' of S.
1/2 of Block Ellen & John Frazier, Jr. 50' " 84.00
S. 100' of N. 150' of
S. 1/2 of Block Jack & Iredena Davis 100' " 168.00
Approx. N. 50' of S.
306' of W. 135' of
W. 135' of Block Mary Nesbitt 50' " 84.00
Lot 16 Hattie Scott 38.25 " 64.26
Lot 15 Estell Moore 38.25 ' " 64.26
Lo~ 14 Carl & Rebecca Wilson 38.25' " 64.26
Lot 13 " " " 38.25' " 64.26
.59
MAY 24TH, 1949
Front Assessment Total.
Description Property Owne~ Footage per Ft, Assessment
Lot 12 Sylvan C. & William Rolle 38.25' $ 1.68 ~$ 64.~6
Lot 11 Sylvan C. & William Rolle 38.25' " 64.26
LOt 10 7th Day Adventist Church 38.25' " 64.26
Lot 9 7th Day Adventist Church 38.25' " 64.26
Block 20
N. 50' of W. 135' of
Block James & Viola Smith 50' " 84.00
S. 50' of N. 100."' of
W. 135' of Block John Frazier 50' " 84.00
S. 50' of N. 150' of
W. 135' of Block Arthur Martin 50' " 84.00
S. 50' of N. 200' of
~. 135' of Block Laura Baker 50' " 84.00
S. 50' of N. 250' of
W. 135' of Block Dano & Celie Godsen 50' " 84.00
S. 50' of N. 300' of
W. 135' of Block Bessie James & Eana Richards 50' " 84.00
N. 38' of S. 29q' of
W. 135' of Block Atha Lee & Elizabeth Wilson 38' " 63.84
N. 50' of S. 259' of
W. 135' of Block George Scott 50' " 84.00
N. 74' of S. 209' of
W. 135' of Block Anthomy Heard 74'~ " 124.32
Approx. W. 135' of S. 137.
5' of Bio k Carnell & Juanita Miller 137.5' " 231.00
3,615.7' $ 6,074.38"
A motion was made by Councilman Brannon, seconded by Councilman MacMillan,
that the foregoing Assessment Roll be approved, and that a hearing be called for
objections to the confirmation of said roll, to be held on June 14th, 1949.
A conference was then held with Cj W. Hill, R. C. Keen, R. J. McLaughlin,
and E. J. Barrows, Electrical Contractors, as to proposed rules and regulations
for giv:'Lng examinations to applicants for Electrical Contractors licenses; and
the method of selecting questions to be asked, the time examinations will be held,
and the fee to be charged. No definite action was taken at this meeting.
City Clerk
ATTEST: