02-10-48 FF~RUJ~Y 10TH, 1948.
Regular meeting of the City Co%,~cli of the City of Delray Beach was held in
+~,e Council Chambers mt 7:30 P. M. with }t~yor L. H. Brannon in the Chair, and City
O~ ,~'
Manager Charles E. Black, ~nd the f ~lo~,~no Co~ci~en present: M. M. DeWitt, Jo~
~,~. Kabler, Neil E. MmcMil!an, and C. J. ~ite, a quo~ being present.
~ycr Brannon addressing. ~ -- o th~ ?~udience, stated theft he was pleased to have
so ~ e~tizens attend the Co~ci! Meetings, add it ~s allways glad to ~scuss a~
rotters ~.~ith the people of the City.
Mr. Alabough, representing property,' o~mers ~n B>rd Beach, c~plained to
the Co~mci]~ that he had deposited ~1,108.00 with the City Water Department on April
9th, 1947, ~.dth the ~.mderstanding that individual meters in B~d Beach would not be
read during the s~er months, and therefore no ~aintens~nce charge wo~d be ~de.
As this charge had recently been billed he asked that a re,md be ~de, ~o~ting
to approx~s, tely ~335.00, in accordance with an a~eement ~de with the fo~er C~ty
Manager at the time the deposit ~s ~de.
Mr. Alo~bough also s?ated ths~t he had been info, ed tbs. t the City ~s now
able to sell ~ter outside of the City lh~its, and asked that the C~ty ass~e the
billing and collecting of water bills inB~d Beach, relieving him of this responsi-
bility.
~eter d~.s~s~on ~ the Cou~cil, .a motion ~.~.s made ~j Counci~ Ms.~ilg. an,
seconded ~ Co:mci~:n' Kabler, tb~t the City Manager be ipstructed to contact
H. P. Edmond~ the fo,.er City M~.nager, and find out if such an a~ee~nt had been
~de between the Ci~ and Mr. A!abough, it being the consensus of opinion of the
Council th~.t if no definite arrgngene~t h~d been ~de to waive this mintenance
ch~ge, the residents of B,~d Beach should be required to pay this cP~rge the
as other resi~.ents of +~he City who put up a deposit in advance to cover their water
bills d::r~ng their absence from t~e City. UpOn ca].], of roll the motion ca,fed
~im.ously.
Mr. H. A. He~ ad~essed the Co~ci! with reference to an ameni~ent to
the Liquor Zonir, g Ordinance, ~hich v~s being presented for first reading at this
meeting, asking tb~.t as long as he had been given the assurance of the Council that
a liquor license would be ~anted to the Seagate Ca~ Club, he be ~nted a license
immediately upon the pa~ent of the ~.lance of the license fee, having deposited
~ . -
~75.00 ~.Jth the City on April 29, 1947, at which time the City a~eed to issue a
liquor license as soon as the necessa~r steps were %aken to ch~.n%e the zonipg re~-
lations to a!!o~.~ t~e sale of liquor at this !oc~tion.
Mrs. H. A. He~ stated theft the State Legislature had design,.ted this
particu!~r location as a Ca.~na Club District at the time this section of Seagate
~s taken into the City, but the fact. ~s brought out th~.t the fo~er Ci+.~. ~. Attorney
had ~led theft a Ca,ne. Club cou!d~ be opera, ted ~.dthout selling liquor, therefore
the liquor zoning rega!~,tions ~.rc~d ho. ye to be changed to allow the ~anting of the
license.
As the ~dinance could no~ come up for second read~ng ontit Febru~ ?~th,
~.nd would oot become effecti, ve ~ti! 30 days after ii~ final pa ...... ae on that date,
the Co~ci! felt that it ~.ro~d be impossi+,!e to iss:.~e a license before t:'.e Ordinance
beene effective.
· be. fo!lo~.~iog Ordinance was then brought up. .~o~_ first v~-~-~_ _:.~.......a, and s~e'
~s read in full:
FEBRUI%¥ 10TH, 19&8.
AN OR. DINfiNCE OF T~ CITY. COT~C!L OF. TH~.: CI_~f. OF DEL~._~Y
F~RIDA, DESIGNATING AND L~ITING T~] T~RITORY IN %~I~ I~-
I~.:T~NG LIQUOR. S SOLE IN THT~ CITY OF DEl,FAY BE~CN FLORIDA.
A motion ~.~as m?~de by Coach]man ]~ite, seconded b-~ Co,~c~!man n~.~++
' ~ ~ p~c~ if.s ~rs+ .~p~ ?.~ uoon ca~ o~ ro!]
the fore%oing Ord]n~nc~ be on
mo~ion n~ ' ~
.: rr~.d tmanfmously.
A motJ. on t.~.s ~hen made by Co~ci]man MaeMi!]an, seconded by Co,raciSm Kabler,
~ + ~ _ and
S e~o~-.te Club,
th .... a spec].a2 cecil be ~s. nfed to 47e ~- e~bana operated b~, M~.
M~s. H. A. He~, situated on t~e North 395~ of the North 1395~ of Section 21~
ship ~6 South, Range 43 Eas~, lying eas~ of 2he west righ~of-~y line of State
Road ~ ~0 (The Ocean Bm~evard), and that the ],~yor furnish them vJfh a letter
stating ~ha2 an ~di~ance to change 2~=~..~ __~{~uor~. zon~-g ..... restrictions fo al!~ the
issuance of a license at l~is loe~.tion, bad been placed on first reading, and that
license ~mu!d be issued as soon as the above ~d].~anee became effectf~ve. Upop .call
of roll the mot]on carried ~manimous!y.
Mr. ~vid Yates, ~,~nager of the M~icipal Pool, requested th~2 the Co,mci!
take some action to h~ve the s2reet l. igh~s on t~e S. W. corner of fitlanfic Avenue
and Ocean Boulevard turned on, s!a~fng t~o.t ~e had ~.de t~]= .... ree~mst, ~o the ~ lor~' da
Po~-~er ,~.: ..... Light Co. several t~es, but nothing ~ad been dcne, and this v~s - ,z~ ~ dark
and ~azardous corner at nigher.
City M~.~,_~er Black s~ated thz, t he ha<~ been iDfo~ed b~ the Florida Power ~.z L~jht
Co. l~t they were obtaining new cables ~_n order to replace these !igh+s and also
lights south on the Ocean~ou!evard, and the ~.fork shoed be completed in the ve~
near fut~m-e.
Mr. Black ~,~,s instructed to check i~to the matter further, in order to put
lights back in ~.~orkfng order as qu~ck!y as possible.
.~ ~o .... t~on of Mr ~ },[. ~fhis as Assistant Superintendent of ~blic !.forks
%~s read as follows:
"February 6,
I~. C. E. Black
Ci%y M~ager
Delray Beach, Fla.
Dear Sir:
May this letter se~e as ~ resi~ation to take ef~e~, on and after Febru~y
15, 19~8.
Ve~ %~ly yours,
(Si~ed) M. M.
M. M. ~iTHIS
Upon motion of Cour~c].~n Del,.fitt~ seconded by Coumcf~n ~ite, un~imously
carried, the foregoing resi~ation %~s accepted.
FEBRUARY 10TH, 1948.
The following letter from Mr. T. H. Popp, Building Inspector, was read:
"January 19~ 1948
City Council
Delray Beach
Florida
Gentlemen:
The following questions have arisen that I believe the Com~cil should answer
as they may involve legal aspects:
1. Should there be a time limit for building to be started and finished?
2. H~.~ long should a permit be valid?
3. In case builder decided not to build after securing permit and before
expiration date, is he entitled to refund?
A. If builder cannot build when he contemplates, can he get an extensf_on
of +,ime and will there be an ex'~'.ra char,e, or, should permit be can-
celed on application for an extension, a new one issued and charged
for same as a new ?ermit?
Respec tire!y,
(Signed) T. H. Popp
T. H. POPP
Building Inspector
THP: A"
Mr. Popp Was advised that the 1937 Edition of the Pacific Coast Unifo~ Build-
in~ Code had beep adopted By the City and included in our City Code. The City
~ '~ ' ' ~d~o~on of the Pacific Coast
Attorney ~.~s re%ues~ed to determine if the 1~4o E '*'
Uniform 5~flding Code ~,.ras a revision of the 1937 Edition. If so, all questions
in the forego~_ng letter would be ans~ered as t_hey were included in this 1946
Eqition.
The Council also ruled t~.t no rezm~d should be ~de on Building permits issued
but not used.
A letter from Mr. John B. Reid with reference to 1948 tax valuations on his
property in "The Village" was read as fo!lm,~s:
"February 3, !948
~. Charles E. Black,
Cf~ ty ~nager
De!ray Beach, F!ori~'~a
Dear ~.~. Black:
This letter is being ~.a-~tten you ~e!! J_n advance of tax assessments for
2o call your attention to the fact that as of J--mn~m~? 1, 1945, m~r pos.~.tion
so far as income is concerned is conp!~tely m~changed in The Village property
of the Del Ocean Company.
FEBRU.~RY 10TH,
Not a single !or has been sold and up to this time agrea! deal of money bas been
poured into the development :.~ith no return. ~.ring the past year we have ex?ended
close to ~$2OO,000.00 ~bro'~gh the insta!!atio,~ of streets, boulevards, parking lots
~,:~ +.~.~ construction of stores. T~e ~ *
..... ~rea~ bu~ of %hes~ stores are sti~ ~ vac~.nt.
It is, therefore, respectfully requested tb'~.t our present assessnent be mintained.
We are cor~ident that the City as a whole has been Benefitted i~easurab!y from the
elim~nation of the foyer s~mp 2hat existed in a very ~eat improvement Both from
the standpoint of health and appear'once. And ~ntil such time as the property has
Been brought from the red to black so far as expense and income are concerned
only fair that these factors receive t~e proper reco~ition from the City of De!ray
Beach.
Sincerely,
(Si~ed) John B. Reid
JO~ B. ~ZYD
~R/~"
Upon recommendation of Co~c~.~n ~+.e, ......... t~e fon,,~o~n~o .... ~ letter ~.~s referred to the
Tax Assessor and the Tax Assessment Adviso~ Board, for their fut~re consideration.
A list of surplus equi~ent pt~chased frown the Federal Works Agency, sbm~ng the
cost price of each item, and a list of surplus ecf~ent p~rchased from the U. S. O.
showing an appraised retail price for each item, this fi~..~re being appro:d~.te~
60~ above the co~t to the City, ~ere filed by the City ~.$mager, who e~!~,ined t~at
this particular equipment had been selected as ~ot being needed or sui+~!e for use
by the City.
After discussion by the ComicAl ~s to the best v~v of disposinz of t~is surplus
equi~en't~ a motion was ~de by ~o~nci~nan ~=~ seconded By Councilman ~c
Mi!!an, that the equipmen'~ ~ offered for sale to local chmvehes and civic or-
ganizations, and that a notice be published in t~-',e local nm.~spa~r in the issues
of Fsb~z !3th and JOth, t~t the equipment could be inspected in the U. ~. O.
bui!~ing b,~.~ these groups on Februa~ 2~rd and 24th, at w~ch..._ time sealed bids
wo,.~!d Be received, to be opened by t~e C~ty Council at a date to be detemniued~
~,~tb the provision that may or all bids co~d be rejected. Upon call of ro?_ the
mo~ion carried m~an~mously.
Any remaining equ'~pment on these lists wi!! be offered for sal~ to the public at
a !a~er date.
City ~mager Black advised the Co,meAl that operators of Taxi-Cabs had been
~o comply w~th the insurance requirement in our T~i-Cab ~din~nce, ~th the result
that t~i-cabs ~.~ere be~.ng operated ~,~ith no ins,~ance coverage, and without being
licensed.
After discussion by the Co~cil, the fo!lo~dng ~dinance ~ms presented as an eme~
gencv measure~ to become effective i~ed~?~e!v~ upoa ~ts. ~s~e~ ~ and adoption by
the Uo,zncf!~ and same was r~d in f,~! as follows:
FEB~.UARY 107~, 1948.
"ORDINAN~ NO. G-39
AN ~.GENOZ ORDINANCE OF THE CITY CODICIL OF THE CITY OF DE~Y
BEAC~, FLORIDA, A~ING SECTION 4, C}L~PT~'~ X OF T~ CITY CODE OF
DEL~tY BEACH, FLORIDA, RE~.TING TO T~ EEGUL~.TION OF T~I CABS
A~ ~f~R M~ VFY{IO~S.
BE IT ~DAI~ED BY T~ CI~ CO~CIL OF THE CI~ OF DE!~Y B~CH, FLORIDA, AS
F O~.OWS:
SECTION 1. That Para,apb a, Section 4, Chapter ~ of the City Code of the City
of De!ray Beach, Florida, be and s~me is hereby s~mended so as to read as follows, t~
wit:
"a. A!] taxi cabs and/or motor vehicles which are redacted by Sections 1
and 2 of tP~is Chapter shall be ~ns~'ed in a responsible Instance Company
to be approved by the City Clerk of this City, which ins%~ance shall cover
up to the s~ of ~5~O00.00 for ~uy (me ~ndividual~ $1C,000.00 for total
liability to all individuals involved and ~5~000.00 for property d~.ge ~.~hich
may inc~. from the operation of such vehicles. ~ch such vehicle so operated
in the City of De!ray Beach shal3~ be ins~ed for not less than said ~o~t~
or in lieu thereof, the ~mer ~ operator of said vehicle may post a b~d
~,ith the ait~ ~ of De!ray Beach, _Wlcri~, in the amoum~t of ~15,000.00 for
each ~xi cab so operated conditicned to iz~.de~i~v passengers for inj~~
sustained in the operation of said vehicle and conditioned to inde~i~ the
o~mer of property d~aged by such operation, ~.~hich bond shall be appr~ed
by the City. Clerk of the City of DeYra~~ Beach, Florida. If the taxd cab
and/or motor vebic!e ~s i~sured, the insurance shall be paid up to and in-
c!uding ~eptember 30t~ folle~.dng the dat~ of its issuance and the policy of
insurance shall be deposited with t~e City Clerk of the City of De!ray
Beach, Flori~."
SE~ION 2. This is an E~ergency Ordinance necessary for the prese~tion of
public peace and health and for the operation of the City of De~ay Beach,
F!ori~, and shall become effective i~ediately upon its passage on first reading.
PASSED on first and final readirg on this the 10th day of February, A. D., 19~8.
(Si~ed) L. H. Brazen
President of City Council
A PPP~O~D:
(Si~ned) L. H. Bra~on
~yor
ATTF~$T:
(Si~ed) Ruth R, Sm~.~_~
City Clerk
(SEAL) "
FEBR?t~fiqY 10TH, 19~8.
A motion ~..~s made ~7 Counc~.l~n ~ ' ~ ' ~;
,'.h~te, sec.~ndea Councilman l.t~c}~iJlan, that the
foregoing Ordinance be passed and adopted as read oD first and final reading, to become
effective i~edis, tely as an emergen(~y meas~re, and upon call of roll the motioo carried
~a~imously.
Cd. fy ~nager Black advised the Co, oil tho. t the coustr~%ction of two new ~lls bad
beer~ completed, and work on tP~e third ~s in progess, reco~ending that bids o~ p~ps
for the two coD~pleted wells 'be requeste~ at this t~e, stating ths. t better ~ter wo~d
be obtained from these new wells.
A motion was ~de by Co~ci~an DeMitt, seconded b~.~ Ccunci~n ~cMillan, t~t the
City M~ager be authorize~ to advertS, se for bids for f,s~ishing and inst~!i~g t~.~o su~
mersible ~otor deep ~-~e]l p?~ps, bids to be received ngt later tba~ !1 ~.M. o~ ~day~
Ms. rob !Cth, !9%2, accord~_ng to the specifications set up b~ ~ith ~: G~_l!espie, Engi-
neers for the water project. Upo~ call of roll the ~otion carried ~ani~ously.
A propose~ fo~ of ordinance to re~ls, te the licensing of p~cb boards i~ busi-
ness estab!is~ents in the Cit~' ~s referred to the City J!ttorney for study and reco~
mends, tion to the Coo~cil.
City M~nager Black then discussed ,~th t~e Co~ci! the adv~_ss~.b!lity of employing
a q,_mlified engineer or tax analyst to ~ke a so~e~.- of all impr~e~ property ~ith~
the City for the put?use of establishing au eq~mlized basis for future ta~ valuate, ohs.
· ~- ~yor Br~non ~ .....
o..~o ...... ths~t one member of the W~a~+~-~ Boa~.._ . one ~.~biteet, and
one Contractor be asked to consider this problem, and if possfble set up a "~rd-stick"
for ~king a s~ey without a ~eat des.! of ~pense, who co~d m~e their recommenda-
tions to the City Co, oil, and if feasfble a repute, bio e~gineer, or a tax analyst,
co~.d be employed for a period of possibly three months to make such a survey. This
would provide the Tax ~ssessment ~.dviso~ Board ~.~th a]~] info~?_t~on whibh they world
require to intelligently eq~mlize the ta~: valuations on impr~ements in the City.
Co~.mcf]~s.n Mabler reco~ended that t~e public be ~.dvised. through cite orgs~ni-
zatJons and the press, ths. t the Com~',cil ,~s endeavoring tc equalize .~!uations, not
to ~.se taxes~ an~' ask for their advice and suggestions.
A motion was then ms. de b~~ Co~ciLman DeSk, itt, seconded ~v Coonci~n Kabler, that
the problem of equ~.l~.zing v~l~.~s~tions on ~mprmzed proper~.y be su~.tted to the Civic
organizations ~dth s. thorough e~ls.~tion th~.t it is lookS.hZ to~.~mrd tho 19f~9 t~ tel]
preparation, s. nd not ths_t of the c~rent yes. r. Upon cal~ of roll. the motion carried
tm~imous!y.
~yor Brs. nnon then addressed the Co, oil, sts~ting t~.t at the present time it
impossible for a yo~g ~an to establish s. home in De!ray Beach ths. t he c~ afford, or
even rent a suitable home, ~iess be is ~a]thy. Mr. Brannon reco~ended th~.t the
City dispose of certain City m..med lots with the ~derstaning ths. t a person rece~.~ng
the lot wo~d. build a home ,~thi.n a specified time or forfeit ti. tle to the property,
to encc~age 'people to eo~e ~ere and establish their homes s~nd businesses, at the
same time relieving the Cit~ from the tax sto. ndpoint of plscing the property ~ck on
the ~x rolls.
~yor Brs. nnon asked the Cooncil to give this project serious ccnsider~.tiou,
be prepared to tsJ~e such a~ction at the n~xt m=.eting of the Co~c~.! if possible.
Co~mci~n M~cMJllan felt that the City sho~ld consider the d~sposal of property
for ~.~hdch they have no use, such as acquired b? foreclos~m-e ss. les.
F~RUARY lOTH, 19~8 ....
Councilman DeWitt stated that he :~,as in favor of selling any City owned property'
that the City can derive no benefit from, reserving any land thct could be used for
public parks.
F~yor Brannon asked the opinion of the Covmci! as to the adoptiop, of a policy
concerning the appearan~;e of members of the Council in any Court or orgamization in
w?~ich the interests of the City might be involved, in order that the Cot~cil or in-
di%-iduals might not be embarrassed. He asked if the Council felt that he, for ex,map!e,
should represent his clients before t}~e Ci~.u Court,- before the Board of Equalization,
or any other authoritF or board i~ ~.~bich the City is ~nterested.
~yor Brannon reco~ended that the Council go on record as requesting al] Attorneys
~.~bo are City Co~ci~en to refrain from any legal activity in connection w~.tb City
affairs.
Co,etOn MacM~!lan stated th'~t he ~,mu!d like to have the Co~c~! also give con
sideration to the fact that he earned his livllbood as a la~.Q~er, and if he ap~ared
before th~ City Co~L~t, he did not. seek favors from ~nyone because he ~ms a member of
the Ci~y o~ci!, but t~at s~hen he represented a cl3.ent ~n Co,~. he was working f~
his client, not as a Counci~sm.
It %.ms the ccnsensos of opinion of the Co~ci! that the question %~s a matter of
individual ethics, and shoed be left to the discretion of ~e~'' Counci~an or'Public
Of f ici. al. No act,.on ~.~s taken on the above request.
Bills totaling .::~025.2~ ~e~ ~,. a~pr~zed~ for pa~eu% ~-b~ect,=~.~ ~ to the appro~l of
the Finance Co~dt~ee, in a mote. on ~ Cc~ciL~an K~.bler, seconded by Co,etOn
L~ite, an~. upon ca!'~ of ro!] umanimously carried.
Co~c!l then
Cit? Clerk
A P PElf ~:
Mayor