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12-08-49SpMtg DECE~ER Sth~ 1949. A Special Meeting of the City Council of the City of Delray Beach was held in 'the Council Chambers at 4:30 p.m. with Mayor J.L.Saunders in the Chair~ and City Attorney John ~o re~ City Manager Charles E. Black~ and the following Co~ci~en present: Jo~ N Kabler~ Neil E ~acmmllan~ and Walter A. Roth~ a quor~ being present. City Attorney ~oore rendered his final opinion on the ~alidity of the Ci~i! Service Act~ stating that ~fter studying de~isions such cases~ where separate issues were voted on at a General Election~ he found that they were treated as a Special Election~ and shoed not be considered as a p~rt of the General Election being held~ therefore~ in this case where ~2 votes were cast "For" the Civil Service Act~ and 353 votes were cast "Against" it~ this wo~d mean that the Act had carried. Howe~er~ he reco~ended that it be submitted to the Co~t for a final decision and declaratory judgment~ in ~iew of the wording of the Act itself. Upon motion of Co~cilman MacHillan~ seconded bM Co~cilman Roth~ unanimously carried~ the reco~endation of the City Attorney was accepted. When questioned as to whether or not laborers working bM the ho~ would come ~der this Civil Service Act~ City Attorney Moore agreed to give his opinion on that matter at the next meeting of the C o~cil. The following telegram from U.S.Senator Claude Pepper~ with reference to obtaining Federal aid for the restoration and preser- vation of the oce~ front~ was presented by the City Attorney~ as follows: AAO A.UZA33~ GOVT ~ PE~LA!~L~ FL0 19~9 Dec 8 AM 8 23 JOHN M00~- C I~ff ATTORI'~Y DEL~Y BEACH FL0- THIS YfILL C01,K~Ii~,,~ OUR TELEPHOI~ COR~ERSATION 0F THIS DATE _~VISIi[G YOU Tih%T Ti~ ~COi~[STRUCTiON FIi[ANCE CORi-~ORATION C~e{ ~,L%iG~ FOUR PERCENT LOANS Ui: TO FORTY YE~S TO CiTY OR TO P~LIC EROSION DISTRICT TO PROTECT P~LIC B~ACH AGAINST EROSION. ENGINEERS CAN I,iAi~ AVAILA3LE FIFTY PERCEHT OF COST ON COOPEi%"~TIVE BEACit EROSION SUR~SY TO A ~,~HiCIPALITY. IF SURWEY IS Ai~PROFED BY JASHI}[GTON iJOULD Ti'E~N Bi] ['SCESSARY TO GET AUTHORIZATION TO PROCE~ WITH CONSTRUC'fION OF PRO.CT. IF AUTHORIZATION IS SECUiq~D F~3DERAL ¥~ILL G~iNT 0I~ THIi~ OF COST OF CONSTRUCTION. IT IS SUGGESTION THAT YOU ~i~D Ti~ OTi~i~ CITY OFFICIALS SHOULD ACT II.~'EDIATELY BZ APPLYING TO DISTRICT ENGil'FEER IN JACKSO[,~ILLE IT IS ~'.'~ UNDE~IST~dfDING Ti-L~T IT trILL 2PPRO~OIt'~[TELY Ti~E }[Oi(THS TO GET SURLY U}~E~t'ff~f i~LEASE ~V!SE ~,~ THROUGH ~ TALLAiLiSSEE Oi~FiCE OF YOUR D~CISION IN THIS I~,~tTTER AS ! lfAifT TO COifTIiYD~ TO ASSIST YOU T!~ FIGHT TO PROTECT YOUR Bk'2~Yf~'~ BEACi~S FROH T~2~ RAVAGES OF EROSIOlf~ CLAUDE PEri'ER USS- 12/8/~9 cont. The construction of groins, or solid breakwater walls, were not favored by the Council, and upon the suggestion of Mr. Black, the City Attorney ¥~as requested to ~ite to the U.S.Goverl~ment [~ngineers with reference to obtaining information on methods of combating the washing out of the Beach from year to year. Councilman Kabler recommended that a file be compiled~ cons- isting of reports and data on materials and methods of preventing beach erosion. ?~. E.H.Scott, part o~aler of the Seacrest Hotel, located on the corner of East A~lantic Avenue and Ocean Boulevard, addressed the Council, stating that he was anxious to clear the cloud on the title to this property caused by encroachment of the building on land east of the established Broc!cway Line. He offered to move the wall on the east side of this property to within ~' of the southeast corner of the hotel porch, on a line angled from this point to connect with the Brockway line on the north line of the hotel property, also agreeing to buid the wall from the front gate of the hotel, rotu~ded on the corner to this point ~' east of the porch. He then offered to deed all property outside of this wall to the City, providing the City would grant a quit-claim deed to all property west of the wall. Mayor Saunders felt that, inasmuch as the City could not condemn and pay for the property back to the Brockway line, ~. Scott was being very fair in making this offer, as about 7' would be gained by the City on this corner. City Manager Black suggested that the Seacrest Hotel be given a right-of-way by the City to use that portion of land east of the Brockway line until such time as the Hotel is torn do~m and rebuilt, and in the interim taxes be assessed only on the property lying west of the Brockwmy line. Councilman MacMillan was in favor of asking the Seacrest Hotel to deed all property east of the southeast corner of the porch, angled to the intersection of the Brockway line with the north bozuudary line of the Hotel property~ and granting them a ~' easment east of this line, as long as the building stands, on which they could construct a wall. After further discussion, a motion was made by Councilman Ifabler that the City enter into an agreement with [~. Scott whereby he will deed to the City all land lying east of the following line: Beginning at the southeast corner of Lot 16 where it intersects the Brockway line, running northeast in a straight line to the southeast corner of ~e porch of ~e Seacrest Hotel, thence N~ approximately, along said porch to the ?[E corner of said porch, thence appro:~imately N~f to the ~ corner of Lot 16, v~ere it intersects the Brockway lines the City in turn to quitclaim all land west of 'this liner and grant a ~' easment lying east of the porch, as long as'~e porch shall be in existence~ to be used only as a yard or for the erection of a wall. The motion was seconded by Councilman )~ac~dil!an, and upon call of roll carried unanimously. ~. Scott agreed to consider this arrangement, smd also to allow the City to use this ~' easment for sidewalk purposes, if in the future it becomes necessary to widen the Boulevard at this corner. 12/3/49 cont. Upon motion of Cottncilman Roth, seconded by Co~u~cilman Satu~ders, and ~a~animously c~rried, it was agreed to give 2rthur Lanz until December l~th to furnish performance bond in connection ~.zith contract for Re construction of building at the ['/ater ~lant, ~'~ ~ ~ sub j ec t ~,zhich ~.Tas a~,,zarded to him as low bidder on ~ov~,~er 22nd~ to the furnishing of this bond. Upon motion of Cotu~cilman t(abler~ seconded by Cova~cilman ~[acMillan, unanimously carried, the City Attori~ey was instructed to prepare a 'i]uit-Claim deed covering Lot 14~ Block $~ Del Ida ~ark~ which was included in City foreclosure deed dated June, 19~?, in error~ as the Cozuaty of Palm Beach had taken title to this pro?erty in ~'~ovember of 1946. Councilman i~acl.lillan reported that the State Road Department had included in its 19~0 tentative budget, repairing of the U.S. ~:~ighway t,~o. 1 through this City to a width of ~0' without ctu'bs or storm sewers. City Manager Black advised that a tract of land had been sold to Billy Priest by the City~ by metes and bounds, where no Streets were dedicated. He in turn in selling off lots, had sold an end lot ~ere a street will come through. He suggested that the City either bny this lot from the purchaser~ or trade it for another lot ~ich the City o~a~s. Upon motion of Councilms~ ~abler, seconded by Councilman Roth, unanimously carried, the City l.[anager was authorized to work out such deals~ and submit them to the Council in final form for approval. City ~,ianager Black stated that he proposed to plat all City o~.med land, so that it can be determined where streets ~,~ill be needed in the future, to avoid selling a street right-of-way as in this case. The meeting then adjourned. Ruth R. Smith City Clerk.