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11-22-49 NOVE~BER 22ND , 19~+9. Regular Meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P.M. with Vice-Mayor Neil E. MacMillan in the Chair, and City Attorney John Moore, City Manager Charles E. Black, and the following Councilmen present: L.H.Brannon and Walter A. Roth, a quorum being present. Mrs. William Grimmig, operator of Marie's Pastry Shop, appeared before the Council, with reference to the license fee of ~50.00 set up in the License Ordinance for the operation of a Delicatessen Shop, and ~15.00 additional for a Bakery. She claimed that this fee was excessive and out of line with other licenses, and that one fee should cover both businesses when operated together. The complaint was referred to the City Manager for consideration by a co~mmittee to be appointed by the Mayor for study of a revision of the License Ordinance before the next fiscal year. Mr. James E. Rifi, owner of the Delray Beach Pladium, located on lots 15,16 and 17, Block 98, filed a complaint on the assessed v alua- tion of $37,565.00 placed on the 1949 Tax Roll covering this property. He stated that he had discussed this with ~. S.E.Burd, a member of the Tax Advisory Committee~ who informed him that the building had been assessed as being completed, when actually only approximately 50 feet was completed. Mr. Burd confirmed this statement, explaining that he had been unable to get in the building when figuring the assessment, but had assumed it was completed, but that the unfinished portion of the build- ing should have been assessed as a warehouse, the same as other build- ings in this block, which would reduce the assessment to about ~24~120.00 After consideration of 5@. Rifi's request for a reduction in the valuation of this building, and the effect it would have on the current budget, a motion was made by Councilman Brannon that the City Attorney be instructed to check on the legality of changing an assessment after the budget for the year has been set. The motion was seconded by Coun- cilman Roth, and upon call of roll carried unanimously. A letter from Joseph 0. Savoie, with reference to the opening of a road to two houses which he has built just north of Germantown Road, in Delray Manor Subdivision, was read as follows: November 16, 1949. Box 7~C Germantown Road, City. Dear Sir: I am writing this letter to notify you in regards of the entry to my two houses. I have 6 lots there numbers are of lots 63-64-65-66-67-68. I was at City Hall to see the City Officials last year and asked them if City would haul enough gravel so there would be a sufficient entry to the two homes. I would have to have an entry.~ I cOuldn't rent my two houses on account of entry not being there. This year is the same. Therefor I'm notifying City officials to come and investigate. Yours truly, (Signed) Joseph 0'Savoie. November 22nd, 19~9, cont. City Manager Bl~ck explained that there was no street there, which would mean grading and rocking, and he estimated the cost would be at least $ 600.00. Upon motion of Councilman Brannon~ seconded by Councilman Roth, unanimously carried, the City Manager was instructed to prepare an estimate of the cost of opening a street, on an assessment basis to furnish an entry to this property. City Manager Black advised the Council that he had inspected the building which the colored Recreation Association was consider- ing purchasing for a Community Center building, and found it to be useable, and that he was getting estimates on the cost of the found- ation, and planned to start work the following morning. He felt it could be completed for not over the ~2,500.00 agreed upon, and possibly within the next two weeks. Mrs. Mabel Brown thanked the Council for its consideration at a previous meeting of the nuisance from the operation of an automobile paint shop by E.B.Nichols, on the corner of the S.Federal Highway and First Street, stating that the condition had improved immediately. An owner of property in the colored section, addressed the Council, stating that he had been refused a permit to build an addition to an existing building on his property, and he asked the Council to reconsider ~the granting of a permit for this work. Mr. F.J~Schrader, Building Inspector, explained thmt this was a No.1 Residential District, which allows only single family const- ruction, that there were already two buildings on the property, but he could not be given a permit in further violation of the zoning regulations. He also stated that if allowed, all set-backs could be complied with, and the buildings would have to be approved by the State Hotel Commission. Mr. Schrader urged the Council to take some action to change the zoning in this section to allow more than one building on one lot, and buildings of less floor space, or to eliminate District No.1 in the colored section. He offered to work with the Zoning Board in studying such a change. A motion was then made by Councilman Brannon that the Zoning Board be requested to consider a reclassification of zoning in this section of the City, and that Mr. Schrader be asked to work with the Board. The motion was seconded by CouncilmanRoth, and upon call of roll carried unanimously. Another colored resident asked that Block 3~ be considered by the Zoning Board also, as he could not afford to build a house of the re- quired size, for rental purposes. City Manager Black advised the Council of an application for license he had received for a Water Taxi Service. He stated that the applicant would rent dock space at the City Docks and would operate from one to four sightseeing and transportation boats between Delray Beach and Palm Beach. He asked the approval of the Council on this type of business, and the amount of license to be charged. 11/22/49, cont. Councilman Brannon recommended that he be given a license for $1.00 for a year~ to see if the business will be successful~ and that a classification be included in the License Ordinance next year fixing a license fee. After further consideration~ a motion was made by Councilman Brannon~ seconded by Councilman Roth~ that this business be approved~ and a license granted at a fee of $30.00~ as provided in the License Ordinance for all businesses not otherwise classified. Upon call of roll the motion carried unanimously. Copy of a letter from Mr. George S. Brockway to the U.S.District Engineer in Jacksonville~ with reference to application for permit to construct a wharf and install mooring pilings in the Inland Waterway~ filed by J.W.Galloway and Zook Palm Nurseries~ was read as follows: November 16~ 1949 The District Engineer UoS.Engineer Office Jacksonville~ Florida Via Miami Beach Office Dear Sir: It is requested that a permit be granted to James W.Galloway and Zook Palm Nurseries, Inc.~ jointly~ to build a marginal wharf and install mooring piling in the Intracoastal Waterway at their properties at Delray Beach~ Florida. The project is located on the east side of the waterway just south of the right of way of Atlantic Avenue~ and within the cor- porate limits of Delray Beach. Mr. Galloway owns the land east of the right of way of the Intracoastal Waterway; and Zook Palm NurSeries, Inc.~ owns the fee to the Waterway right of way~ with the U.S.Government having an easement over its lands for canal purposes. The accompanying plan shows the proposed construction and the dredging areas. Your favorable consideration of this application is requested. Very truly yours~ George S. Brockway City Manager Black asked the wishes of the Council~ as to filing an objection with the Corps of Engineers, or approving of the permit, or letting it take its course, stating that he felt that any good dock- age would be a valuable asset to the City. Upon motion of Councilman Brannon~ seconded by Councilman Roth~ and unanimously carried~ the City Manager was instructed to endorse the application to the U.S.Engineer. 11/22/~9, cont. A letter from Byrd & Whitley~ Attorneys, representing Alfred B. Gawler, protesting an assessment for storm drains on S.E.lst Street, was read as follows: November 17, 1959 Mrs.Ruth R. Smith, City Clerk, Delray Beach, Florida. Dear Mrs. Smith: Our client, Alfred B. Gawler, has discussed with us the assessments which have been levied against his property in Block 101~ said assessments being as follows: $81.22 levied against S. 35.97 ft. of Lot 19,Block lO1; and $449.25 levied against Lot 20, Block lO1. Mr. Gawler informs me that the storm sewers as installed are of absolutely no benefit to his property in that the sewers fail to drain water from the street to the south of his apartment houses and unless there is a correction made in this situation~ he does not intend to pay the assessments, and has instructed us to take the necessary legal action to contest the assessments on the grounds that his property is not benefited by said storm sewers. I would appreciate if you would file this letter with the City Council and advise the Council that in order for a storm sewer assessment to be valid against abutting property there must be some benefit derived from the improvements covered by said assessments, and in this case there is no benefit in that the water standing in the street and sbout ~. Gawler's property is the same as it was before the storm sewer was installed, thereby proving that ~. Gawler's prop- erty is receiving no benefit. Trusting that you will give this matter your immediate att- ention and advise both the City Council and City Manager Black the contents of this letter. Very truly yours, BYRD & WHITLEY By C.Y.Byrd. City Manager Black explained that the grade of the street drops toward the alley and then rises, forming a low pocket which can not be entirely drained. This would be corrected with the proposed paving of this Street. He stated that Mr. Gawler's property was definitely benefited by the improvement. The letter was ordered filed until action can be taken on the proposed over-all paving improvement program. 11/22/~9, cont. Mrs. Mabel Brown~ owner of Lots l, 2~ and 3~ Block ll0~ also complained of the assessment against her property for this drainage improvement~ claiming that her property was damaged rather than benefited~ that she is assessed for the storm drains~ that her side- walk was damaged by the City during the installation of the drains~ and that she will also be assessed for the paving of the Street. City Manager Black then presented an estimate of the cost of paving S.E.lst Street from curb to curb~ from the Federal Highway west to 3rd Avenue a distance of approximately 1000' as follows: Estimated cost of paving - $ 6,500.00 Curb without sidewalk - 2~100 O0 additional Combined curb and sidewalk 4,800~00 " Total estimated cost of paving~ curb and sidewalk ~11~300.00 In some sections there is an existing sidewalk which is useable, Mr. Black stated~ which would reduce the cost of the project somewhat. Councilman MacMillan felt that the majority of property ov~ers affected should request this improvement~ as it would be assessed against their property, claiming that if the improvement is really needed there would be no trouble in getting a majority to request it. CoUncilman Brannon~ however~ urged the Council to consider this paving project~ and also the paving of S.E.4th Avenue from curb to curb~ from 1st Street south to 2nd Street~ feeling that the City needed this improvement immediately. He contended that such improve- ments would increase the value of the abutting property~ and must be done as an over-all project in order to benefit from the drainage improvement already made. Councilman Roth expressed the opinion that the paving of 1st Street from 3rd to ~th Avenues would benefit the shopping public~ also S.E.~th Avenue~ south of 1st Street to the Telephone Building~ but he did not feel that property from the Federal Highway to ~th Avenue would be benefited. It was the consensus of opinion of the Council that this project should be abandoned at this time. Councilman Brannon then moved that the City Manager be instructed to prepare an estimate of the cost of resurfacing and opening N.E.7th Avenue from Atlantic Avenue to 8th Street. With reference to this motion~ City Manager Black stated that Mr. A.Hofman would like to go ahead on his portion of the righ~-of-way, with the paving of N.E.Sth Avenue and 6th Street~ opening ~th Avenue to 8th Street, and 6th Street from the Federal Highway to 9th Avenue. Councilman Brannon then changed his foregoing motion to provide for the resurfacing of N.E.7th Avenue~to 5th Street~ then east on ~th Street to 8th Avenue~ and north on 8th Avenue to 8th Street. The motion was seconded by Councilman Roth~ and upon call of roll carried unanimously. A motion was then made by Councilman Brannon that the City Manager be instructed to prepare an estimate of the cost of resurfacing N.E.7th Avenue~ from Atlantic Avenue to 5th Street~ and opening 7th Avenue from ~th Street through to N.E.8th Street. This motion was seconded by Coun- cilman Roth~ and upon call of roll carried unanimously. An anouncement was made by Councilman Brannon that U.S.Senator 11/22/49, cont. Claude Peppery together with a member of the State Road Department, would be in this City in the near future in connection with a project for improving U.SoHighway No. i from Lantana to three miles south of the City~ to the full width of the right-of-way, complete with storm drains. A motion was made by Councit~man Brannon that an estimate be prepared of the cost of grading and surfacing S.W.~th Avenue from W. Etlantic Avenue to S.W. 2nd Street. The motion was 2nd by Council- man MacMillan~ and upon call of roll carried unanimously. City Manager Black advised the Council that this project had been on the agenda for improvement for over a year~ and he estimated the cost would be approximately $6~000.00. N.W.First Street, from ~th Avenue west to the Seaboard Railroad~ was also on the agenda for improvement as soon as possible. The City Manager also advised that street lights had been in- stalled in the colored section where no new equipment was necessary~ and estimate~ had been requested for four or five additional lights on West Atlantic Ave. Mr. Black stated that the cost of a rock sidewalk from 5th Avenue west to about 12th Avenue, would be approximately ~600.00~ and that Mr. C.Y.Byrd~ County Commissioner~ had promised to assist by furnishing rock for that purpose. Councilman MacMillan urged the installation of lights on ~est Atlantic Avenue at once~ as recommended by the Jr. Chamber of Commerce. A motion was then made by Councilman Brannon~ seconded by Council- --~ man Roth, that necessary steps to put a crushed rock sidewalk along the north side of West Atlantic Avenue, from 5th Avenue to 12th Avenue~ and that such lights as planned for that area be installed immediately. Upon call of roll the motion carried unanimously. A letter from Mr. John M. Stack~ with reference to the zoning of Lots 1:~,45,and 46, Block 12~, was presented and read as follows: 28 S.E.8th Ave. ~ Palm Square Delray Beach~9~or ida November 7, City Council and Zoning Board City of Delray Beach, Florida. Gentlemen: I am the owner of Lots 43 and 42, in Block 125 Delray Beach (formerly Linton) ~ Florida. I have been informed that the City has changed the zoning ordinance providing that Lots ~0+,4~ and 46 are zoned for business purposes. These lots were formerly zoned as residential lots only. ~ I purchased my property in 1933, relying upon the zoning ordinance~ which made my lots and other lots in the same neighborhood~ resident lots ~only. After purchasing this property~ I constructed a 11/22/49, cont. residence upon the same. The amending of the zoning ordinance to provide that the lots next to mine may be used for business pur- poses would be very detrimental to my property, and I desire that the City prohibit the use of Lots ¥+,45 and 46 for any business purposes and re-amend the ordinance to place these lots back in a residence zpning. I did not approve of the changing of the ordinance whereby lots ~:~:,~5 and 45 were changed to business and if I had been physical able at the time this came up, I would have appeared to protest the change. I would like to have this letter considered as a petition to the proper authorities asking that Lots b~+,~5 and 46 be re- zoned as residence lots only. Yours very truly, (signed) John M. Stack A petition signed by ten property owners in this vicinity was also filed, as follows: P E T I T I 0 N TO THE HONORABLE CITY COUNCIL~ DELRAY BEAOH:- We, the undersigned citizens and tax payers of Delray Beach Florida, residing on S.E.8th Ave.(Palm Square) hereby petition your board not to issue permits for any business purpose on any property located on S.Eo 3th Ave. (Palm Square) South of 150 feet from Atlantic Ave. (Signed) Lilly L. Hunter Annie H. Gibbs J. M. Stack B. T. Hume Wyndham R. Riker ~M. and Mrs. S.O.LeSueur ~s. T.W.Fields J.H.Fleming L.P.Teuscher L.R.Bellows &Mrs. L.R.Bellows Delray Beach, Florida November 7, 19~9. A motion was~mde by Councilman Roth that the letter and petition be tabled until a hearing could be held to consider this request. Although the Council was advised by the City Manager that this was a case of property owners requesting a change of zoning of prop- erty belonging to others, a motion was made by Councilman Brannon, seconded by Councilman Roth, that it be referred to the Zoning Board with a request for a hearing to be held, after the Board reconvenes on December 1st. Upon call of roll the motion carried unanimously. 11/22/~9, cont. City Manager Black stated that the Garden Club proposed to improve the' vacant property between the Jackson Store and the Pure 0il Station on East Atlantic Avenue by planting gladiolas, and they would also plant palm trees along the sidewalk in this block. He also advised that the Gladiola Fair Association intended to plant about lO,000 gladiolas on the Fairgrounds, to be in bloom during the Fair and Festival in February. The following letter, together with Resolution adopted by the Property Owners Protective Association, were read as follows: November 17, 19~9. Dear Mr. Black: At a meeting of the Board of Directors of the Property Owners Protective Association this enclosed resolution was passed. Will you please present it to the Council at their next meeting. Yours truly, (Signed) Dorothy Day Mitchell Vice-President. RESOLUTION RESOLUTION OF THE DELRAY BEACH PROPERTY 0~ERS PROTECTIVE ASSOCIATION. WHEREAS, the Delray Beach Property Owners Protective Association of Delray Beach is vitally interested in this community and adjacent territory, and WHEREAS, the City Council of Delray Beach has accepted as their project the improvement of Federal Highway No. l, South from the Town of Boynton Beach through the City of Delray Beach, and ~'fHEREAS, the Delray Beach Property Owners Protective Association is in accord with the City Council that said U.S.Highway No. 1 is in a deplorable condition and brings great discredit to the State of Florida~ now therefore BE IT RESOLVED: 1. That the Delray Beach Property 0wne~s Protective Association pledges their cooperation to the City Council in their effort to have the State Road Department of the State of Florida rebuild said U.S.Highway No. I through the area above mentioned. 11/22/~9 cont. 2. That the Delray Beach Property 0~,mers Protective Association requests the State Road Department to take such action as may be necessary to eliminate this discredit to Florida. 3. That through the City of Delray Beach said U.S.Highway No. 1 be repaved for sufficient width to afford four lanes of traffics that storm sewers~ curbs and gutters be built: and side%.ralks be rebuilt in connection with the improvement. 4. That a copy of this Resolution be immediately forwarded to the following: City of Delray Beach~ 21orida. This Resolution duly presented and passed at regular meeting of the Board of Directors of the Delray Beach Property 0vmers Protective Association on the l~tn day of November: 1949 at Delray Beach~ Florida. (Signed) M,~De~'l~tt President. (Attest): Dorothy Day Mitqhell Secretary. A motion was made by Councilm~ Brannon~ seconded by Councilman Roth~ that this Resolution be accepted with tha~zs~ and upon call of roll carried unanimously. Councilman Mac~[illan then moved that the City Manager contact the President of the Property 0%~ers Protective Association and obtain permission to make copies of this Resolution~ and that copies be sent to the same officials and organizations as the original Resolution of the City Council were sent to. Upon call of roll the motion carried unanimously. Upon motion of Councilman BraD~on~ seconded by Councilman Roth~ unanimously carried~ an application for Veteran~,s license to peddle general merchandise in the City~ filed bM Mr. George S. Mandell~ Ft. Lauderdale~ was refused~ as Mr. Mandell is not a resident of Palm Beach County. Proof of publication of two Proclamations of the ~,fayor calling a Primary Election to nominate candidates for the position of City Councilmen~ and calling a Special Election to vote for or against the City Charter~ were spread upon the minutes as follows: 11/22/49 cont. PROCLAt,b~TION BY THE I~$~YOR t'~IEREAS~ the Charter of the City of Delray Beach, Florida~ provides for a Primary Election to be held for the purpose of nominating candidates for the position of City Councilmen, and ~ff-~REAS~ pursuant to the provisions of the said Charter, the Primary Election for the year 1949 shall be held on Tuesday, November 22nd, A.D. 1949, between the hours of sunrise and sunset, N0~'I~ Tt~REFOP~E~ Ir J.L.SAUI~ERS~ as Mayor of the City of Delray Beach, Florida, do hereby call for such election to be held on Tuesday, November 22nd, A.D.1949, between the hours of Sunrise and sunset, at the Community Center Building, 15 S.E. Fourth Avenue, in the City of Delray Beach, Florida. All qualified electors of the City of Delray Be~ch, Florida, shall be qualified to vote in said election. Dated at Delray Beach, Florida, on this the ~th day of November, A.D.19~9. J. L. Saunders~ Mayor,City of Delray Beach, Florida. Publish November 10th and 17th, 1949. PROCL~-E~[ATION BY T~.. bT[EREAS~ the proposed Charter for t~e City of Delray Beach~ Florida~ provides for a Special Election to be held not later than December, 19~9, to vote for or against the adoption of said Charter, ~d t~,~REAS~ the qualified electors of the City of Delray Beach~ Florida~ are entitled to vote either for or against said proposed Charter~ which Charter is an Act entitled: "AN ACT T0 ~0LISH T~ P~SENT ~¥~NICIPAL G0~R~NT 0F TI~ C I~ 0F DELSEY BEACit~ IN T~ C OUN~ OF PALM BEACH AI'.~ STATE 0P PLORIDA~ AI~ T0 ESTABLISH~ ORGANIZE AI~ CONSTITUTE A ~,~[ICIPALI~ T0 BE i~i0~E~ AS "CI~ OF DEL~Y BE. ACH" IN TI~ C0tH~ OF PALM BEACiI STATE 0F FLORIDA; T0 PROV~E A C~RTER FOR SA~ CI~: F~ ITS TE~qITORIAL LINITS AND BOUND~IES: PROVIDE FOR ITS GO~RN[,~NT~ AI.~ P~SCRIBE ITS ~RISDICTION~ POt'~RS AI~ PRIVILEGES~ AI.~ PROVIDING A ~FEi~'i." NOW~ Tt-~F0~ I~ J.L.Sa~ders~ as Mayor of the City of Delray Beach~ Florida, do hereby call for such Special Election to be held on Tuesday~ November 22nd~ A.D. ,19~9, between the hours of s~rise and s~set, at the Comm~ity Center Building, !~ S.E.Fo~th Avenue~ in the City of Delray Beach~ Florida. 11/22/49 cont. Ail qualified electors of the City of Delray Beach~ ~?lorida~ shall be qualified to vote in said election. Dated at Delray Beach~ Florida~ on this the 8th day of November~ A.D. ~19~9. J. L. S~U/~ERS~ Mayor~ City. of Delray Beach~ Florida. Publish November 10th and l?th~ 19~9. An affidavit of the Clerk and Inspectors of the Primary Election and Special Election held this day~ was read as follows: ~'~FIDAVIT 07 CLEP~ A~ IL~SPECTORS 07 PRI~L'~RY ELECTIO~ TO BE HELD NOV~E~,~3ER 22~.~) ~ !9~9.. . STATE OF FLORIDA C0%~i~Y OF P2LM CITY OF DEL~IY BEACH Before me, an officer capable of administering oaths~ personally appeared Ben F. S~dy~ Clerk~ and lliss Miriam Brovm~ Mrs. Mamie Deaderick~ Pa~ E. Gringle~ Mrs. J.I.H~st, ~d L.F.Ranson~ Inspectors~ ?zho after being d~y sworn depose and say~ each for himself~ that they will perform the duties of Clerk and Inspectors at the Primary Election to be held in and for the Cmt~ of Delray Beac~ Palm Beach Co~ty~ Florida~ on the 22nd day of November~ 19~9~ and that said duties will be performed according to law~ and that they will endeavor to prevent fr~ud~ deceit or abuse in conducting the same. IN ?~ITNESS ~'~0F~ they have here~to prescribed their respective names: C~ (Signed) ~en .~. S~dy INSPECTORS (Signed) l~'~ilena E. H~st (Signed) paul E, Gr!ngle (Signed) ~,F ...i~anson (Signed) Miriam N. Bro%~ Sworn to and subscribed before me this the 22nd day of November~ A.D. ~ 19~9. SEAL (Signed) Ruth R. Smith City Clerk 1!/22/~9 cont. The certificate of the Clerk and Inspectors as to the votes cast and the results of the Elections~ was then read as follows: CERTIFICATION OF VOTES CAST AT PR!}'~RY Mayor and City Co. oil Delray Beach~ Florida. We~ the Clerk and Inspectors of today's Priory Election certify to the following resets: ~iCHIN~ N0. ~6359 }~CHIN~ N0, 563~ TOT~ Ab sent ee King S. Cone 93., 2 ..... 93 188 Robert Fleming James W. Galloway 136 2 1~8 286 R. J. Holland W. A. Jacobs 21~ 2 19~ 410 Jo~ N. Kabler ,270 3 26~ 538 Raymond C. McFadden 14~ ..... 2 13~ 282 James R. Nieder !7~ 3 l~ .... 332 Samuel 0gren 93 3 ,,. 8~ 180 TOT2~ VOTES CAST 102~ 8 Absentee For Charter Change 2~1 CLERK: ..... B,,F.Sundy . Against Charter Change 6~ I}~SPECTORS: Paul E, G, ringle Miriam N.,.Brown L.,P .Ranson ~Tilena E~ Hurst Mamie H, Deaderick 1!/22/~9 cont. A motion ~as made by Co~uncilman Brannon that t ~e six men receiving the highest nu~ber of votes be certified for the General Election to be held on December 6th~ and their names be placed on the ballot as candidates~ also that the same Election Board be appointed~ and voting machines be used for the General Election. He included in this motion that the result of the election on the Charter also be officially approved by the City Cou~cil. The motion ~as seconded by Co~u~cilman Roth~ and upon call of roll carried unanimously. Coo_ncilman Brannon suggested that the ballotting on the Civil Service and Pension Act be placed in a different location on the m machines if possible~ ~here they ~ill not be overlooked. Upon motion of Cou~cilman Brannon~ seconded by Co~n~cilman Roth~ unanimously carried~ plans for construction of a Service Station on the N. Federal Highway~ Lot 39~ McGin!ey and Gosman Subdivision~ were approved~ as all requirements would be complied with. Upon motion of Councilman Brannon~ seconded by Councilman Roth~ unanimously carried~ permit was approved for the repairing and remodeling of the Tenbrook Building~ located on Lot 2~ Block 77~ on East Atlantic Avenue~ according to plans filed ~,~ith the Building Inspector. Proof of publication of an Invitation to bid on furnishing materials and constructing a railroad crossing and approaches across the Florida East Coast Railway tracks at N.E.lst Street~ was presented and spread upon the minutes as follows: II',~fITATION TO BID The City of Delray Beach will receive sealed bids until l~:30 ?.l,f. rEST. November 22~ 19l~-9~ at the office of the City Engineer to furnish all materials and construct railroad crossing and approaches across the Florida East Coast Rail~,~ay at ~"'orth East First St, Plans a~d elevations for this project are on file in the office of the City Engineer. Construction of the crossing must be co-ordinated with authorities of ~e Florida East Coast Railv~ay by the contractor. The City of Delray Beach reserves the right to question the ability of any contractor to perform this ~,zork satisfactorily~ to reject any or all bids~ and to waive formalities. C!'i~f OF DELRAY BE?~CH C~iRLES E. BLACK City Manager. November 1~ 22~ 1949. 11/22/~9 cont. Two bids ~-~ere received in response to the foregoing notice~ as follows: t'i. J. Snow Post Office Box 72~ Delray Beach~ Florida. November 22, 1949. TO: CITY OF DELP~kY BEACH FROM: t'f. J. SNOW Please be advised I will pave to City specifications cross- ings and approaches to crossing on N.E.lst Street and F.E.C.Ry. for the sum of nine htmdred seventy-five dollars (,~97~.00). Respectfully submitted, (Signed) W.J. Snow. ) Jack E. Carver P.O.Box 1766 Delray Beach~ Florida November 22, 1949. The Honorable Mayor and City Council~ City of Delray Beach~ Florida. Gentlemen: Please accept this as my bid for the construction of railroad crossing and approaches at FEC Railway and North East First Street. ~ork is to be done as outlined by the City Manager and construction is to begin immediately. My price for this job is ~9~2.00. Very Truly yours~ (Signed) Jack E. Carver. A motion was made by Councilman Brmanon that the low bid~ sub- mitted by Jack E. Carver in the amount of ~9~2.00~ be accepted. The motion was seconded by Councilman Roth~ and upon call of roll carried unanimously. Proof of publication of Invitation to bid on furnishing one Dearborn Trash Loader for use on 19~9 Model Ford Tractor~ was presented and spread upon the minutes as follows: II~fITATION TO BID The City of Delray Beach will receive sealed bids until ~:30 P.~., E.S.T. ~ November 22~ 19~9, on one each front end heavy duty Dearborn Loader for use on standard 1949 model Ford Tractor. Loader to be complete with earth and tradh handling scoops. 11/22/~9 cont. The City of Delray Beach reserves the right to inspect equipment upon delivery~ to reject any or all bids~ and to ~.~aive formalities. CITY 0F DELRAY BE2CH CH/~RLES E. BL.~CK City Manager. November 1~ 1949. One bid was received in response to the foregoing notice~ from the Farmers' Implement and Supply Co. of Boynton Beach~ the only dealer in this area who handles this equipment~ in the amount of ~9 ~. 00. Upon motion of Councilman Brannon~ seconded by Co~uncilman Roth, unanimously carried this bid was accepted· Proof of publication of Invitation to Bid on the construction of a building for shop and storage of supplies at the City ~ater Plant~ was presented and spread upon the minutes as follows: INVITATION TO BID The City of Delray Beach will receive sealed bids until 4:30 P.~.[.~ E.S.T.~ Tuesday November 22~ 19~9~ for the construction of a building for shop and storage of sup- plies a~ the City ¥;ater Plant. Plans and specifications may be secured from the office Of the City Engineer upon payment of $2.00 or may be inspected at the engineer's office. The City of Delray Beach reserves the right to question the capabilities of any contractor to perform the work necessary~ to reject any or all bids~ and to waive for- malities. CItY OF DELi~Y BEACh! CHARLES E. BLf~CK November 1[~ 22~ 19%9. City Manager. Seven proposals were received in response to the above notice~ as follows: · '~' ~ 43?.00 1 Thieme Construction Co. - ,~ 2. Chapmae~ Brothers - q~ ~ 9~0.00 3. Triest Construction Co. - ',~ 930.00 ~. Thayer and Ennis, Inc. - ~ 67 051+. [0 %. ?~. M. ~'~at er s - ~ 860.00 6. James I. Sint~s - ~ $ 0[1.00 ?. Arthur E Lanz ~ ~ 740.00 (Copy of low bid follows:) Arthur E. Lanz Building Contractor Delray Beach~ Florida. November 22~ 19~9. 11/22~+9 cont. Mr. C. E. Black City Manager, City of Delray Beach~ Florida. Dear Sir: Bid on Shop and Storage Building City Water Department.- Furnish all material, labor~ tools and equipment to erect said building according to plans prepared by the City, dated November 11~ 19~9~ for the sum of Five Thousand Seven Hundred and Forty Dollars (~5~7~0.00). This includes septic tan]~ and fifty feet of drain field not sho~a~ on plans. Ail materials used shall be purchased locally~ and all sub-contractors and labor shall be local. By ~ A~thur E. Lanz. A motion was made by Councilman Brannon that the low bid, submitted by Arthur Lanz, in the amount of Q~5,7~0.00, be accepted, subject to the furnishing of a performance bond. The motion was seconded by Councilman MacMillan, and upon call of roll carried, Councilmen Brannon and Saunders voting in favor of the motion, and Councilman Roth opposing. ~Lr. Black explained that funds for this building were set up in the budget for the current year, and that it .had been badly needed for many years. The following Ordinance was then brought up for second and final reading~ and same was read in full: OPOINANCE NO. G-89 AN 0RDINAI~CE OF Ti-~E CITY COU~CIL OF~E CITY OF DELP~iY BE~CH ~ FLORIDA ~ PRESCRIBING SPECIFICATIONS FOR C0~CRETE BLOCY,~q A~ OT]~R ~'~DISONR¥ CONSTRUCTION It~ TI~ CI~i~Z OF DELP~Y BEACH~ FLORIDA, PROVIDING SEVER~ILI~Z CLAUSE~ ~YI~YD PROVIDING FOR A ~w~ · ~~ FOR T~E ¥IOLATION T~[EP~ 0F. That in order to provide more uniform specifications and specifications of a higher standard for concrete block and other masonry construction in the City of Delray Beach~ Florida~ it is therefore., ORDAI~YED BY T?~ CITY C 0U~,~C IL OF Ti~E CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1: That no concrete block or other masonry construction shall be used in the erection or construction of any building within the City of Delray Beach unless said concrete block or other masonry construction shall conform to the following specifications: 11/22/49 cont. Section 2. (a) l~,~I~I~'fO]I ~ijUIRi]I,~]i[TS: C~ompressive strengths, The average compres- sive strength of concrete block units laid up in the wall shall be 600 lb. per square inch of gross area. Absorption: Concrete block exposed to weather shall have a maxim~l absorption of lg lbs. of water per cubic foot of concrete. (b) Compression: In concrete block %~alls and piers subject to axial loads~ the average %uait compressive stress shall not exceed 100 lbs. per sq. in. for lime-cement mortar~ 1~0 lbs. per sq. in. for cement mortar. Shear: ~he %u%it shear in concrete block masonry shall not exceed one-tenth (I/lOth) the allowable unit compressive stress. Bearing: The unit bearing stress in con- crete block masonry supporting beams~ colun~s~ and other concentra- tions~ and the maximum~ stress in masonry walls and piers including stress due to calculated bending ~and eccentric loading: shall not exceed by more than twenty-five (2~) percent~ the allowable aver- age stress given in this Section. Concentrations: In concrete block walls~ reinforced concrete supporting members shall be provided under all load con- centrations~ ~,~hich when calculated over a length of wall not more than the actual bearing or more than twice the wall thic!maess and combined with other loads ~ould otherwise exceed the allowable compressive stresses of this Section. Thic!cness: Concrete block walls shall have a least thickness as specified elsewhere in the Section. The minimum thickness for masonry bearing walls shall be eight ($) inches and for masonry piers shall be not less than one-tenth (i/lOth) of the unsupported height. Section 3. ~SONRY ARC!~S: Load bearing masonry arches in wall or floor construction shall not be permitted except with the special permission of the Building Inspector and then shall be subject to such requirements as he may prescribe. Section ~. ~I!~0RCED i.~ISONRY: Such types of reinforced lintel and pier block construction as have been accepted by the City~ upon recom- mendation of a registered Florida construction engineer: may be permitted in lieu of the poured horizontal and vertical reinforce- ment specified in this Seetion~ but its use shall be linited to one-story residential construction~ conforming~with the general spacing requirements noted below~ and subject to such further re- strictions as the building Inspector may require. Section Second-hand brick~ stone~ block and other masonry units shall not be used in masonry unless they conform to the requirements of this Code~ are sound and c!ean~ and approved for use by the Building Inspector. 11/22/49 cont. Section 6. ~[TERiOR ~LLS~ LOf~ING-BE~YRING ~,~ FIRE ?.IAL I.~S: General: Masonry walls constructed of sol- id or hollow units or of poured concrete and used for all exterior and load-bearing or fire-separation purposes~ shall comply with the requirements of this section~ shall have a mini~n thicl~ness of eight (8) inches and shall be reinforced with a reinforced concrete framework in the wall so that there shall be not more than eighteen (18) times the wall thic~mess between any two horizontal members nor more t~an twenty-two (22) times the wall thic~auess between any two vertical members. No roof or other members shall be so placed as to develop any direct thrust against walls. Restrictions: Load-bearing masonry walls shall not exceed a total height above grade of forty (40) f~et~ exclusive of parapet walls and such walls which are forty (40) feet or less in height shall be considered as load-bearing unless specifically designed and constructed as part of a skeleton frame. Section Horizontal Hembers: Horizontal reinforced concrete members~ as part of the framework required in this Sec- tion~ shall be located at each floor and roof level and at such intermediate levels as may be required to comply with the maximum spacing of eighteen (18) times the wall thickness. Such members shall be continuous in all exterior loadbearing and fire-walls and shall comply with the requirements bel~ as to minimum dimensions~ areas ~d reinforcing. The reinforcing shall be divided to four (4) bars and shall be located in the corners two (2) inches from each face. Reinforcing bars shall be securely held in place by approved suspension wires. Splices shall not be less than forty (40) diameters. Changes in the level of horizontal members~ ~,~ith- in the allowed limits~ shall be made at vertical members and no inclined member shall be considered as replacing a horizontal one. Vertical Members: In one-story concrete block residential construction~ where the total wall height does not exceed 10 feet between the top of the footing and the bottom of the tie beam~ the distance bet~een vertical reinforced concrete members may be increased to thirty (30) times the wall thicPmess~ except at ~oints of concentrated loads as provided above~ and ex- cept that ¥" x 12" poured jambs shall be required for all open- ings wider than 6~ feet~ and for all corner openings. Building walls which have a height exceeding ten (10) feet shall have vert- ical reinforced concrete members at such points as may be necess- ary to comply With the m~imum spacing of twenty-two (22) times the wall thickness. In all cases where corner openings are used without corner support~ vertical members shall be provided adjacent to each such opening jamb. Such members shall be continuous from the foundation through the full height of ~e wall exclusive of any parapet ~,~all and they shall conform in dimensions~ area~ and reinforcing to the requirements below~ The reinforcing shall be divided to not less than four (4) bars for wall columms~ all of the bars in one (1) colmnn to be uniform in size and to be lo- cated at the corners two (2) inches from each face. Reinforcing bars shall be held in place by not less than one-fourth (1/4) inch hoops spaced not over two (2) feet. Splices shall be not less than 11Z22/~9 cont, twenty-four (2~) diameters and all such members shall be dowelled to the foundations with a number and area of dowels at least equal to the reinforcing required for the col~nn, ¥~en necessary~ such vertical members may be offset at horizontal members to avoid openings~ but the minimum spacing shall not be e~ceeded nor shall any such offset member be located over an opening~ in a load- bearing ~all below, Exceptions: Bonded corner block construction~ or approved corner pipe columns continuous from footing to tie beamy will be acce~ted as required vertical reinforcing, Section ¥, Size~ 0f ~.~el~be~s~ Horizontal ~d vertical members of the framework shall ~t least comply ~ith the require- ments of the following table: ~Ii'[FORCED C ONC?~ETE Total ?fall Horizontal ~embers Vertical i.lembers Height Hinimum Hinimum Minimum Mimimum Mim, Min, Dimen- Cross Rein- Dimen- Cross Rein- Exclusive sion Area forcing sion Area forcing of Parapet (inches) (Sq,In,) (Sq,in,) (inches) (Sq,in.)(Sq.in,) ~{inimum 8 96 0.98 8 96 1.0 Up to 20' 8 96 0.98 8 96 1.0 Over 20' 8 128 1.2 8 l~a+ 1.2 Horizontal members shall be considered adequate to support normal loads over wall openings not exceeding 6~ feet~ and corner openings not exceeding 4 feet~ provided that the top steel reinforcing area in cantilevered corner members shall be a minimum of 0,~9 sq,in, ~ere openings greater than above mentioned are to be used~ the hori- zontal member shall be investigated as a beam, Yfhere~ for architectural reasons or other~ise~ it is desirable to reduce the area of any member of the framework below the requirements~ the Building Inspector may grant such reduction~ provided that the area of concrete omitted shall be replaced by rein- forcing or structural steel in the ratio l:(n-1), Piers: ~fnen openings in walls are so arranged as to leave sections of wall ~hich are less~han two (2) times the ~zall thic!m~ess~ such sections shall be of reinforced concrete constructed as required for vertical members, Chases: The minimum a!lov~able depth for pipe chases in concrete block walls shall be one inch (1"), Wall Additions: ~ere new ~alls are co~muected to existing walls~ such connections shall be by means of a vertical reinforced concrete member. Proper provisions shall be made for possible settlement and for lateral stability o'f the v~al!. 11/22/49 cont. Section 9. P~L '.ZLLLS: Exterior concrete block panel walls in build ings of skeleton frame construction shall not exceed eighteen (18) times the wall thiclm~ess in height nor thirty (30) times the wall thiclmues~ in length~ and shall be bonded to the frame members by one inch (l") deep by three inch (3") mortar keys provided in these members or by two one-quarter inch (1/~") dowels every third c ourse. Section 10. P~w~PET 'JALLS. Masonry parapet walls shall be not less than eight (~) inches thick and if over 36" above the tie beam~ shall be reinforced with vertical reinforced concrete members as required for building walls which are less than twenty (20) feet high as specified in this Section and shall be coped with a reinforced con- crete member not less than thirty-two (32) square inches in cross- sectional area~ which coping shall be reinforced with not less than two ~. one-half (1/2) inch round bars placed at the mid-height and two (2) inches from each side. The reinforcing of the vertical members shall be well anchored in the coping. Section 11. GABLE W,~LLS. Gable wall~ which have an area in excess of fifty square feet shall have inclined members at %ue top of 64 sq. in. minimum area~ with two 1/2" bars. Section 12. Severability~, Each of the provisions of this ordinance are severable~ and if any provision shall be declared to be invalid~ the remaining provisions shall not be affected but shall remain in full force and effect. Section 13. RePealing provisions: All ordinances or parts of ordinances in conflict ~,;ith this ordinance are hereby repealed. Section 1%. Penalty. Any person violating any of the provisions of this ordinance shall be deemed guilty of a misdeameanor and upon conviction thereof shall be fined not exceeding Five Hund- red (~00.00) Dollars or by imprisonment in the City Jail not exceed- ing thirty (30) days~ or by both such fine and imprisornnent. PASSED in regular session on the second and final reading on this the 22nd day of November: A.D.1949. (SiNned ~_J. L. S aunde r s President~ City Council SEAL APPROVED: ATTEST: (S. iMne. d), ,,J.L. Saunders Ruth R. Smith ........... Mayor City Clerk 1st Reading~- October ll~ 19%-9. 2nd Reading - November 22~ 19~9. Passed and approved - November 22, 19~9. Upon motion of Councilman Br~nnon~ seconded by_Councilman Roth, unanimously carried~ the foregoing Ordinance ~o. G-ug~ was passed and adopted as read .... 11/22/49 cony. An Ordinance to provide for a gratis license for residents of the City who are sixty-five years of age or more~ was brought up for second and final reading~ and same ~as read in full as follows: ORDINA~'~CE N0. G-90 AI.! Ot~II.[~ki?CE OF TIthE CI~{ CObq~CIL OF Tit~ CIk~ OF ~ .... ~ PERT~Ii~?ING T0 BUSIi~!ESS~ I ~Oi~S~iOI~AL ...... P~ BV PROFiDIi~;~O TiiAT i~S- IDEllTS O? ~ !TY ~7~0 7~ oI~t~-FI~ .... ~o 0F A6E 0R 0'C:]R Si~llLL DE ~?~.PIED FROI, Z SUCH Z~IC~,~o::,S UP01~T THE ..i~'T'ROVAL 07 ~Z~:~] C I2~ C 0Ui~ZG IL. BE IT 0P~AI}~D by ~he C'+ z~Z Codicil o~ ~l~e City o~ Del~ay Beach~ Florida~ as follows: Section 1: That Section 26~ of Ordinance G-ii be~ and the same is hereby amended to read as follows: "That all co~"irmed cripples or invalids~ physically incapable of manual !abor~ and all United States Uar Veterans and widows who are dependent upon 'their o~u~ exertions~ shall be allowed to peddle ~,~it?~out paying a license~ using their o~.~ capi- tal only~ not in e~{cess of FI~E i~D DOLL~iRS~ and in tl~e Co~ty in ~hich they are permanent residents~ Pi{OV~ED~ such exemption shall be allowed o~y upon a certificate of the City Physician as to the disability therein named~ ~~-?~?~'~~~ I~0VIDIi~G that an actual bona fide resident of the City of Delray Beach ~ho is szxty-zzve (6~) years of~ age or over shall be e~{empted from payment of a~ business~ professional or occupational license of the City of Delray Beach~ ?lorida~ upon approval of the City Co~cil. This shall not be construed or meant to include transient persons~ begging ~d/or soliciting". Section 2: Ail Ordinances and parts of Ordinances in co~lict herewith are hereby repealed. Passed in regular session on the second and final reading on this the 22n~ day of i'lovember~ ~:i.D. 1969. (SiKned,,> J,L. S,a~ders AT.ST: President~ City Co~cil. Ruth R. Smith City Clerk (SiKned) J.L.Sa~ders Mayor 1st Reading - November 8~ 19~9. 2nd Reading - November 22~ 1949 Passed and adopted - l'lovember 22nd~ 1969. ~ motion was made by Cot~cilman Bra~on that the ~ ~oregomn~' ~ Ordinance Nc.G-90 be passed and adopted as read~ and upon call of roll carried ~animously. A letter from I.,[argaret and 2~drew Ryals~ asking that they be placed on the list of charity water acco~ts~ was read as follows: 11/22/49 cont. General Delivery Delray Beach~ ?lorida. City Council~ ~ear Sir: ~ father Andrew Ryals has been in the hospital and is not able to work. I am going to school and c~r~not support him and myself. I get a little ends and odds jobs and my friends are helping to support us. I'll appreciate your cancelling our ~ater Bill. Sincerely yours~ ~,~rgarett & ~kndrewRyals. Upon motion of Councilman Bral~non~ seconded by Councilman Roth~ u~animously carried~ the request was referred to the City ~anager for such action as necessary under our existing Ordinance. The meeting then adjourned. Ruth R~ Smith ' C~ty Cle~rk.