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07-12-49200 JULY 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 J. L. Saunders in the Chair, and City Attorney John Moore, and the following Councilmen present: L. H. Brannon, John N. Kabler, and Walter A. Roth, a quorum being present. A report and financial stntement of the 1949 Gulf Stream Jr. Tennis Tournament was read by Mayor Saunders, who thanked the Tennis Committee for their work in making the Tournament a success, on behalf of the City Council. Their request for an increase in thelr donation for the coming year was ordered filed, to be considered in the prepar- ation of the 1949-1950 budget. "City Council Delray Beach, Fla. Gentlemen, In view of the fact yo~! were so kind as to appropriate ~250.00 for the annual Gulf Stream Jr. Tennis Tournament we feel that a report is due you from this committee. This years' tournament was the largest of the three that we have held. In 1947 there were 67 entries~in 1948 87 entries and this year there were 113 entries. They came from as far north as St. Augustine and as far south as Coconut Grove. The Professional and Business Woman's Club took care of the housing of 58 boys and girls, a most noteworthy project. Enertainment was planned by t~elocal youth groups. In general, everyone had a fine time. Dick Holroyd, a boy who began his tennis, and grew up on our courts, won the main event, the Jr. Boys' Singles Champon- ship. The other winners and their pictures may be seen in our scrapbook. The trophies according to the players, were the finest ever e×hibited in a Jr. Tennis tournament held in Florida. The trophies were secured from J. B. Smith & Son at a very sub- stantial discount. Following the tournament letters wer~ sent to: a) All players in the tournament; b) all who helped with the tournament; and all t~ people who furnished housing facilities. Winners were sent official pictures of their event and the mayor of Delray Beach, ~r. Jack Saunders, who presented all the trophies, was thanked for his services and given a set of official pictures of all the winners. JULY 12TH, 1949 The results of this tournament carrying a Delray Beach date- line was found in most of the large newspapers of Florida and the American Lawn & Tennis Ass. This Jr. tournament is second in size only %o the Orange Bowl tournament in Miami. We believe the city has made a wise investment in The Gulf Stream J~. Tournament and wish to suggest that the amount set aside next year be $300 instead of $250. It will be noted on enclosed financial report that we had a begining balance of $28.40 and a net balance of $19.~8, a slight deficit in this years tour- nament. The recipts came only from the City of Delray Beach, the players and the sale of surplus balls. The City Tennis Committee at this time wish to request again that in the new budget, funds be set aside for a few improvements at the courts suggested in a previous letter. The details were given in this letter, the main points being the construction of a cement island, equipped with a canvas type top, over pipe frame- work to give our many visitors some place to sit and relax. Barring hurricanes, it will require very little to condition the courts for this seasons play. This usual expenditure or at least most of it could be used on the shelter project. Tennis, golf, swimming, polo and riding are some of Delray Beaches greatest assets. We should all try in support and improve these sports as they will repay great dividends. Yours truly, (Signed) Dr. E. Monroe Father Dr. E. Monroe Farber Chairman City Tennis Committee Gulf Stream Jr. Tennis Committee: City Tennis Committee: Dr. E. M. Farber Chairman Dr. Farber Chairman Herbert Sweet Herbert Sweet Robert Gracy Clarence Ethridge. F. D. Giles Sargent Collier" Financial Report of The Gulf Stream Jr. Tennis Tournament for 1949 Balance December 31, 1948 $28.40 Receipts: City of Delray Beach $250.00 Sales of surplus balls 26.76 Entry Fees 227.50 504.26 Total 532.66 JULY 12TH, 1949 Expenditures: Southern Tennis Ass. ~ues $ 10.00 Balls 116.40 Acme Cab Co. 15.00 Trophies 173.88 Photographs 40. O0 Stamps 10.00 Printing 136.60 Bank Charge 1.10 Colored boy labor 10.00 Total Expenditures $ 512.98 June 30, 1949 Balance 19.68" Hayer Saunders advised the Council of a request from the Animal Rescue League of West Palm Beach, through their local representative Mrs. Dwight Bradshaw, that wired enclosure pens be provided near the Police Station to keep stray dOgs and cats, which will be picked up by the Animal Rescue League each Friday. Hr. Saunders recontmended that this request be granted, and that prisoners care for the animals, suggesting that they could possibly be fed from scraps from prisoners meals. He stated that an existing Ordinance provides for a pond for stray animals. Upon a motion of Councilman Brannon, seconded by Councilman Kabler, an appropriation up to $ 100.00 was authorized to pro- vide suitable shelter for stray animals, the material to be furnished by the City, and the Firemen to be asked to build such pens. The following letter From Mr. Annie Ho Gibbs, owner of the S. 50' of the No 313.61' of the We 125' of Block 133, with ref- erence to the opening of Lover's Lane for traffic, was read: "532 4th Ave. W. Hendersonville, N. Co July 2, 1949 Mayor Jack Saunders Delray Beach~ Fla. Dear Hr. Saunders- There has Come to me from an authorative source a statement that when construction of the new Atlantic Ave. bridge is begun a street will be opened on 'the strip of land described as "Lovers~ Lane" in Palm Square, in order to give access to Marine Way (forma!y Canal St.). ~en Palm Square was laid out this strip of 25ft was designed as "Lovers' Lane" and was to be used only as a walk, not a drive. JULY 12TH, 1949 It was with this understanding that the present property owners bought and built there. If a street is out there, several properties will be damaged greatly. It will cause my home to be undesirable as a residence because traffic will come within five feet of it. Such an additional street is not needed as S. E. 1st St. parallels it less than 300 ft south, giving all the access to Marine Way that is necessary. If additional access is desired to accommodate the business places in the Boyd building, why should not Mrs. Weir (the owner) open up a street on her property at the rear of the building? There is abundant room for it. Why should we owners of adjoining properties have to be damaged in order to accommodate beer trucks and other commercial vehicles when at no expense to the city or damage to anyone they can reach their destination by driving 250 ft. f~rther to a street now open? Palm Square is one of the prettiest residential sections in Delray Beach. If "Lovers' Lane" is opened to traffic it will mean the destruction of several trees and much shrubbery now on it, thus destroying its beauty. Mr. Gibbs spent much labor and considerable money in years past (when the city neglected it) planting grass, w~tering and cutting it to bring it to its present condition. It has always been a source of pride to us and everyone living in Palm Square is loath to see it destroyed. I am writing you at length knowing that such a plan will have to be passed upon by you and the Council. I am sure you will apprec- iate knowing the facts in the case and hope you will use your in- fluence to veto such a plan. Wishing Mrs. Saunders, you and the boys a pleasant summer, I am Very truly yours, (Signed) Annie H. Gibbs (Mrs. Ammon R. Gibbs)" On motion of Councilman Roth, seconded by Councilman Brannon, unanimously carried, the above letter was ordered riled. An application for Building Permit, riled by 0rlo Billings, for the construction of a two ear garage with apartments above, on the N. 65' of Lot 15, Block 67, was approved as submitted, subject to the approval of the Fire Chief and the Building Inspector, in a motion by Councilman Brannon, seconded by Councilman Roth, and unanimously carried. A proposed agreement prepared by the Trustees of the Florida Ea~ Coast Railway Company, pertaining to the opening of the N. E. 1st Street railroad crossing, was read by the City Attorney as follows: 2O4 JULY 12TI{, 1949 "THIS AGEEEMENT, Made in duplicate this day of .~ A. D. 1949, by and between SCOTT M. LOFTIN an~. MAR~I ,R~s Trustees of the property of Florida East Coast Railway Company, and .not individually, hereinafter called Trustees, and CITY OF DELRAY BEACH, a Florida municipal corporation (Address: Delray Beach, Florida). hereinafter called the Second Party. WITNESSETH: That the said Trustees, for and in consideration of the covenants and agreements herein contained to be performed and kept by the Second Party, do hereby give and license unto the said Second Party the right and privilege to use as a croSsing for public street crossing purposes only, that part of the right of way and property of said Railway in the City of Delray Beach, Palm Beach County, Florida, at the location described as follows: A parallelogram shaped parcel of land 60.0 feet wide northerly and southerly extending easterly and westerly across the right of way and tracks of Florida East Coast Railway Company at NE 1st Street in Delray Beach, Florids, the longitudial center line of said parcel of land being located 3757 feet more or less southwesterly from the Railway's Mile Post No. 316 from Jacksonville, Florida, said right of way of the Railway having a total width of 100.0 feet at this location, being 50.0 feet in ~-- width on each side of the center line of' the Railway's northbound main track. All as shown colored yellow upon blueprint of part of the ~ Railway's plan Corr. File 317-26 dated June 14, 1949, at- tached hereto and made a part hereof. TO HAVE AND TO USE the said rights, privileges and licenses solely unto the Second Party until terminated as hereinafter provided. In consideration of the rights, privileges and licenses here- by given by the Trustees unto the Second Party, the Second Party covenants and agrees with the Trustees as follows: 1. That said crossing shall be used for public street cross- ing purposes only across the Railway's right of way and tracks, and no pipe, wire, rail or other line or structure shall be placed in or on said right of way crossing without the previous consent in writing of said Railway Trustees. 2. Second Party, at its expense, shall furnish material and labor for, and construct the portions of said crossing extending from the limits of the right of way of the Railway on each side of its existlng tracks to the ends of ties in said tracks, and shall furnish and place the required rock and asphalt materials ' in the portion of said crossing over the ties and between the rails in said existing and any future tracks of the Railway. The Rail- way shall furnish and install the new ties, track rails, rails to form flangeways and other track material required in said existing tracks, Provided, however, that Second Party shall pay not to 2O5 JULY 12TH · 1949 exceed ~600.00 towards the expense, of materials and labor for such installation. Second Party, at its expense· shall maintain said crossing except the said portion thereof located over the ties and between the rails in said existing or future tracks, which portion of crossing shall be maintained by and at the expense of the Railway. The approaches in said crossing on each side of the Rail- way's tracks shall be constructed and maintained by Second Party with grade not exceeding 2.~. and all work in connection with such construction and maintenance by Second Party shall be performed under the supervision of an authorized representative of the Rail- way in a manner and with materials subject to his apDroval, and Second Party agrees to reinburse the Railway for all cost of such supervision. 3. If to comply with any ordinance, regulation or requirement of th? City of Delray Beach it becomes necessary hereafter to modify or change the number· elevation, alignment or otherwise modify or change the location of said Railway's tracks· works or operation on its right of way or modify or change the elevation, alignment or" location of said crossing across the right of way and tracks of the Railway, all cost and expense of any nature whatsoever that may be required by such changes· modifications or additions by the ~re- sence of said right of way and crossing shall be paid for solely and entirely by the City of Delray Beach and the maintenance and operation of such right of way anti crossing under such modified or changed conditions shall be borne solely and entirely by the City of Delray Beach and such changes· modifications or additions may be accomplished only in accordance with pain and specifications approved by the Railway, and the execution of the work under such plans and specifications shall be subject to the supervision· in- spection and approval of t~ Railway. 4. Second Party agrees to relieve the Railway from assessments or other charges of any kind whatsoever against the Railway at any time for any public improvements installed on or adjacent to said crossing or arising out of the existance of said crossing. 5. Second Party, at its expense· will install and maintain any necessary drainage facilities required on account of the loc~tion and existence of said crossing, such installation· the adequancy thereof for the drainage required and the maintenance thereof are to be subject at all times to the approval of the Railway's autho- rized representative. 6. Second Party shall not take any action that will prevent .or tend to prevent the operation of trains over said crossing. 7. The provisions and stipulations of this agreement are a part of the consideralion of the licensing of the above privileges and crossing· and in the event the Second Party shall fail to comply with any of the covenants and conditions, then this license shall be void and said described crossing shall terminate, with full right on the part of the Trustees and Railway to re-enter and repossess the same if they shall elect to do so. 206 JULY 12~H, 1949 8. Second Party hereby grants unto Florida East Coast Hail- ~ ~ way Company and its Trustees all necessary permits for the in- stallation, construction, erection, repair and maintenance of any of the facilities, work or fixtures mentioned or contemplated in and by this agreement, and Florida East Coast Railway Company or its Trustees shall give Second Party forty-eight (48) hours' notice of intention to perform any such installation, construction, repair, erection and maintenance. 9. This agreement is terminable by the Trustees, or their sucessors or the assigns of the Trusteeship Estate, at their option, upon the discharge of the Trustees as such, any fixed. period of time or any other thing herein to the contrary notwith- standing, and in the absence of such cancellation, all rights of said Trustees hereunder shall inure to the benefit of their successors or the assigns of the Trusteeship Estate. 10. It is further mutually understood and agreed by and between the parties hereto that at the termination or the cancel- lation of this agreement, for any cause, or upOn:'termination of Second Party's use of the crossing herein licensed, Second Party shall remove, at its entire cost and expense, all improvements placed by it upon the said Hailway's right of way and restore the ground to its original condition. 11. Second Party agrees to pay, upon the execution and de- .... livery of this agreement to it, the full amount of documentary stamp taxes now or hereafter required to be affixed to this in- strument under the laws of the United States of America, State of Florida, or both. 12. Trustees shall not be required to provide at their expense any crossing protection other than that provided in Section 351.03 Florida Statutes, 1941. IN WITNESS UHEREOF, the parties hereto have caused these presents to be duly execut0d in duplicate, each the day and year first above written. Signed, sealed and delivered SCOTT M. 'LOFTIN and JOHN W. MARTIN in the presence of: as Trustees of the property of Florida East Coast Railway Company (SEA1,) As to Trustees By Trustee CITY OF DELRAY BEACH, a Florida municipal corporation (SEAL By As to Second Party Mayor Attest: " City clerk" 2O7 JULY 12TH, 1949 The Council objected to that portion of Section 2 ~hich provides that the City of Delray Beach shall reimburse the rail- road for the cost of supervision of the construction and maint- enance of approaches on each side of the Railwav's tracks by their authorized representative, as this would increase the cost to the City over ~ 600.00, as previously set up by the Council. Portions of other Sections were also objectionalbe, e~pecially Section 12, providing that the Trustees shall not be required to provide at their expmse any crossing protection other than that provided in Section 351.03. Florida Statutes, 1941. Councilman Brannon opposed entering into any agreement with the Railway Co., stating that the State Law required them to do the work and make the crossing safe for traffic. Upon advise of the City Attorney that the Trustees of the Railroad would probably make the City condemn the crossing rather than open it without any agreement, a motion was made by Council- man Brannon that the City Attorney be authorized to telephone the Trustees of the Railway, and request an amended agreement to pro- vide for the payment of $600.00 only, and the construction of the approaches and paving between the ties, by the City; the Railway Co. to build the crossing, maintain it and equip it for safety. The motion was seconded by Councilman Kabler, and upon call of roll carried unanimously. The following Ordinance was then brought up for first and final reading as an emergency measure, and same was read in full: ORDINANCE NO. G-79 AN F~RGENcY ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~END1NG SECTION 203 OF ORDINANCE 296, REGARDING FEES FOR BUILDING PERMITS, AND PROVIDING FOR A PENALTY FOR THE VIOLATION THEREOF. WHEREAS, this Ordinance pertains to the daily operation of a Municipal Department in the City of Delray Beach, Florida, it is ' Ordained by the City Council of the City of Delray Beach, Florida, as follows: Section l: That Section 203 of Ordinance 296 be and. the same is hereby amended to teas as follows: "Any person desiring a permit shall in addition to filing an application therefor, pay to the City of Delray Beach before such permit is issued a fee as required in this Section as follows:" "Less than ~20.00 ................................... No Fee $20.00 to and including $100.00 ..................... $1.00 More than $100.00, to and including $400.00 ......... 2.00 More than ~400.00, to and including ~700.00......... 3.00 More than 00.00, to and including .00 JULY 12Ttl, 1949 Each additional ~1,000.00 or Fraction, to and including ~15,000.00 ..... ~2 00 Each additional ~1,000.00 or ~~'~'~'' ..... ' including ~50,000.00.. ........................... 1.00 Each additional ~1,000.00 or fraction exceeding ~50 000 00 0 50" In the event any person shall construct or erect any build- ing without first securing a permit and. paying a fee to the City of Delray Beach as above required, then, and in that event, such person shall pay a sum double the foregoing fees. The payment of such double fees, however, shall in no way modify or repeal in any respect any other provision concerning the violation of this Ordinance or the Building Code of the City of Delrav Beach, Florida· PASSED on first and final reading on this the 12th day of July, A. D. 1949. (Signed) J. L. Saunders President, city Council APPROVED: SEAL" (Si. gned) J. L. Saunders ATTEST: Hayor .(Si~ned) Ruth R. Smith City Clerk" Councilman Brannon felt that this was not the time to increase building permit fees, as it might discourage some people from build- ing. He agreed, however, that t~~ Building Department was operat- ing m~re efficiently than in the past, and at an extra expense· Councilman Kabler stated that in his opinion a man will get more protection under the present Building Inspector, and he con- sidered this a practical step to cover the cost of operation of the Building Department, if the proposed fees are reasonable for the price of the building· A motion was then made by Councilman Roth, seconded by Council- man Kabler, that the foregoing Ordinance No. G-79 be passed and adopted as read, and upon call of roll the motion carried unanim- ously. The following Ordinance was then presented for first reading, and same was read in full: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DE~RAY BEACH, I~ORIDA, RATIFYING, VALIDATING AND CONFIP~IING ALL DEED HESTRICTiONS CONCERNING Ptt0PERTY LOCATED IN S~AGATE SUBDIVISION OF DELRAY BEACH, FLORIDA. JULY 12TH, 1949 Upon motion of Councilman Brannon, seconded by Councilman Ro%h, unanimously carried, the foregoing Ordinance was placed on first reading. Upon motion of Councilman Kabler, seconded by Councilman Roth, unanimously carried, bills totaling $ 50,836.98 were approved for payment, subject to approval of the Finance Committee. The meeting then adjourned. · City' Clerk ATTEST: