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03-09-48 MARCH 9TH, 1948. Regular meeting of the City Council of the City of Delray Beach was held t, the 0ouucil Chambers at 7:~30 P. M' with Mayor L. H. Branno~ in the Chair,. and City Attor- ney John Moore, City ~Manager Charles E. Black, and the following Councilmen present: M. M. DeWitt, ~ohn N. Kabler, Neil E. MacMillan, and C. J. White, a quorum being ~present. Members of the audience were given the opportunity to present any matters they might desire to the City Council at this time. Mr. O. D. Priest, Jr. addressed the Council, stating that his request for the. rezoning of' the W. 25' of the S 140' of Block 12 and the E. 25' of the S. 140' of Block 4, on West Atlantic Avenue, had been considered by the Zoning Beard on March 5th, at which time they decided to give more study to the matter and call another hearing of property owners to consider the changing of all of West Atlantic Avenue to the Seaboard Railway to a Business Zone, excluding the areas which would become City Streets. Mr. Priest asked the Council to reconsider his request and grant him a Special Permit to build a store building on the above described property, so that he would not be held up longer, stating that the question would ul~timately come back to the Council for final action. The following letter from the Zoning Board, asking the Council to have a pro- posed Ordinance prepared, embodying certain points for the rezoning of West Atlautic Avenue, was then read: "March 9, 1948 REZONING WEST ATLANTIC AVENUE 150 FT. NORTH AND SOUTH, SWINTON TO SEABOARD FROM "B" ZONE TO BUSINESS. Anticipating normal expansion and a favorable majority opinion by affected property owners at a public meeting to be held March 23rd, WE REQUEST THAT AN ORDINANCE BE DRAWN and placed in our hands in time for reading at that meeting embodying the following requirements: A. SETBACK 53 feet from center of Atlantic Avenue. B. BUILDINGS shall conform to requirements of our most rigid fire zone. C. SIDEWALK 10 feet mast be layed abutting all property improved in accordance with standard (City) specifications. Include curb of proper elevation. ~. D. That portion of property between curb and present right of way must be deeded to the City for improvement, or maintained by the property owner as prescribed by the City. E. Floor level or elevation of all buildings must be above that as set by the City and where fill is required the entire property must be brought up to the re- quired elevati~. To be specified in this ordinance. F. No 'improvements be made on property where approved intersection streets may be located. Title to all such property to be acquired by City. G. Alley way 16 ft. be provided by all property owners. A suggestion to our City Council: Building codes or zoning regulations should include sc~e regulation as to the m~,,~ elevation in floor levels. Losses of many thousands of dollars would have been avoided had they been in force in the past. Should the Hon.-City Council so desire, this Committee will be glad to meet with them in joint session at a time they might designate. (Signed) King S. Cone KSC:AD" City Manager Black explained that the Zoning Board did not care to consider a spot zoning change at this time, but preferred to consider the rezoning of West Atlantic Avenue as a whole. The fact was pointed out that if the foregoing suggestions were approved Mr. Priest would not be allowed to construct a building at this location as it would interfer with the extension of N. W. 7th Avenue when it is extended through frc~ N. W. 1st Street to West Atlantic Avenue. City M~nager Black explained that the above letter from the Zoning Board merely made suggestions, and was not intended to make recommendations to the Council, and that a public hearing of all property owners on Vest Atlantic Avenue from S~ AvenueAvenue to the Seaboard Railway had been called, to be held at 2 P. M. on Tues- day, March 23rd, after which hearing the Zoning Board will be able to make its recommendations to the Council. Mr. O. D. Priest, Sr. addressed the Council, stating that when the zoning was changed from a Business Zone to a Residence "B" Zone, he owned from 3,000 to 4000 feet of property fronting on West Atlantic Avenue, approximately' three blockx deep, and he had not been notified that this change was being made. ~2 contended . that as this zoning change had been made illegally, the property should revert back to its former classification, and permit be granted without further/delay. City Attorney John Moore, when questioned as to whethsr or not the Council would have the right to issue a Special Permit in a Residential zone, advised that in his opinion it would. Councilman Kabler then stated that he would be will~ng to issue a Special Per- mit rather then hold up Mr. Priest further, when the outcome seemed obvious. As to the question of the lot at the interesection of a future Street, he did not favor condem~ng the property, as there are more blocks in this same condition, which he '~i~ not feel it would be practical for the City to condenm and pay for at this time, not for ~robably the next ten to twenty years. ~A~CH : 9TH, 1948 Mr. Pti.est agreed to abide by the requirements of the Zoning Board as to set- backs to conform to future construction, provide a parking area in the front of his building, and to provide for an alley in the rear of the property, but stated that he would not deed a~y property to the City. A motion was then made by Councilman Kabler, seconded by Councilman MacMillan that Special Permit be issued to Mr. Priest, subject to his meeting the legal recom- mendations of the Zoning Board. Councilman DeWitt advised the Council that heretofore requests for Special Per- mits had always been referred to the Zoning Board, before being granted by the City Couneil~ stating that in his 6pinion the Council did not have the authority to grant this permit before it had been to the Zoning Board. He further stated that if he _were a member of the Zoning Board, and the Council failed to let it function, he would resign. Councilman Kabler disagreed that t~:e Council would be going over the head of the Zoning Board by granting this Special Permit. City Attorney Moore then stated that he believed the Council could grant a deviation from zoning regulations for one particular place, ~t that he would like to check further before giving a definite opinion. The foregoing motion was then amended as follows: That a Special Permit be granted to Mr. Priest, subject to his meeting the legal recommendations of the Zoning Board, and subject to the legality of the authority of the Council to grant the permit before it had been considered by the Zoning Beard which would be deter- mined by the City Attorney by Wednesday, March 10th. Upon call of roll this motion carried unanimously. A petition signed by nine property owners in Block 4, Del Ida Park, request~mg the enlargement of the water main which supplies this Block, was read as follows: "PETITION Delray Beach~ Florida March 5, 1948 The Honorable Mayor & City Council Delray Beach, Florida Gentlemen: We, the undersigned, owners of improved properties located in Block 4, Del Ida Park S/~, Delray Beach, Florida; do hereby ~petition the Honorable Mayor and City Council to: ~ Replace the present one and a half inch water main which has been in service since 1924 with a four inch main. The present main is very unsatisfactory. Pres- sure it too Iow to supply the need of persons living in this block. It is, as you no doubt know, located in an alley in the middle of the block, supplying houses fronting south on Dixie Blvd., and north on Lake Court. Your early attention to this matter will be very much appreciated~ Signed: Fred H. ~.~,~ Robert L. Britt Catherine E. Strong Gladys S. Senior Mrs. John Hurst · Emma F. Moore H. Ben Aa~m~ Jessie W. Carpenter (Mrs. R. L) L. D. Neal " Mr. Fred H. Link addressed the Council, explai~:~ that the present 1 ~ water main, which was laid in 1924, is now supplying 13 homes, and it is very inadequate. He asked for immediate relief. City Manager Black stated that he was entirely in agreement with the request~ but that he did not have sufficient 4" pipe on hand; however he believed it could be obtained if cast iron pipe were used. This improvement was included in the over- all water improvement plan, but he was in foavor of doing it in addition to the water plan if possible, together with certain other minor improvement'~s to give better service to different locations, which would be normal operating improvements. Upon motion of Councilman DeWitt, seconded by Councilman Eabler, unanimously carried, the City Manager was authorized to purchase pipe, from arm~ surplus if possible, which would be needed for this appreximately 1200' of water main to con- nect with the 10" main at Swinton Avenue. Mr. H. A. Hubbard, representing the Delray Beach Public Library Association~ then addressed the C~mncil, presenting a letter from this Association which was read as follows: "March 9, 1948 The Honorable Mayor and City Council Delray Beach, Florida Gentlemen: Since the granting of its charter in 1939, the Delray Beach Public Library has steadily grown in importance and usef~lBess to the community. During the past sev- eral years the circulation and services of the library have steadily increased. Dur- ing the past month, the circulation was 2230, a gain over last year of over 200. We now have 1,008 additional paid members with 312 on the "free list." Further, we have 9,000 books on the shelves of your public library. Our library furnishes good rea~ng for pleasure, stimulates study and research, and helps to make possible literary and scholarly achievements. For many year we have been the grateful temants of the Delray Beach Womanls Club which has generously given us the use of the entire downstairs of its building. It is impc~ant from the standpoint of the Wom~n's Club and the Library Association that the library acquire a new building. The library needs space for its activi- ties and its books and the Woman's Club deserves the opportunity of either usimg this building exclusively or if deemed advisable by that organizatiem, to dispose of this valuable co,~,ercial site. MARCH f~gTH, 1948 The city Owns some vaca~% property which would be ideal as a building site for a new public library.. At a recent meeting of our Board of Directors, we u~- an~mously ~oted to ask the city to set aside as our first choice the lots abut- ting the present USO building site. Since the library is largely financed by the city government, it requests your .consider~tion of lease for this property on some basis which is satisfactory to the council. The Directors of the library feel that once a building site is acquired, the general public will support our efforts in erecting a new library building. We respectfully request your early consideration of our public library and assure you that we are eager to attain a library of which the c~ity may well be preud. Respectfully yours~ (Signed)John A. J.~ A. Thayer, Presidem$ Delray Beach Public Eibrary Association JAT: mc" Mr. Hubbard stated that the Library'S present facilities are now be~_~g used to capacity, and the Board is interested in starting ~-~ediately to raise funds - for a new building. As stated in the letter, these two City owned lots, Just south of the Civic Center Building, located in the center of the town, would be ideal location for a new Library building. Mr. Hubbard asked the Council for their consideration and decision so that they drive could be started as soon as possible. After consideration by the Council, a motion was made by Councilm-n MacMillan seconded by Councilman DeWitt, that a lease for 99 years on Lots 8 and 9, Block 101, be granted by the City to the Delray Beach Public Library Association, for the purpose of building, maintaining and operating a suitable Library building, with the restriction that if the building ceases to function as a Library, the property will revert back to the City. Upon call of the roll the motion carried unanimously. Mr. Hubbard thanked the Council on behalf of the Library Association, assured the Council of their cooperation at all times. A letter from Mr. Frant Meyers, owner of Lots 29-35 inc., Sundy Tenbrook Addition, was read as follows: "March 9, 1948 Non Mayor and C~ssioners of Delray Beach, Fla. Re: 1927 Paving Lien, Lots 29-35 inc. Sundy and Tenbrook Addition. Gentlemen: The above lots were purchased at Murphy Sale and we find that they are assessed for back taxes from 1928 and a 1927 paving lien. As the assessed valuation on these lots, according to your City books, ranges from $50.00 to $80.00 per lot (lot size 43' x 70') it would not- be practical nor profitable for us to make the additional investment required to clear them. However, should you find it to your advantage to cancel the paving lien, we would pay all back taxes due and put these lots on an active basis. Enclosed you will find a copy of billed taxes and liens against these and other lots, owned by us, in this same subdivision. Very truly yours~ (Signed) Frank Meyers" Mr. Meyers explained that 1927 paving improvements referred to in his letter were now gone, and the present ~alue of the property does not warrant spendS-om that amount of mo. ney. Mr. Meyers was advised that no adjustments had been made for other property owners in s~m~lar cases, but upon motion of CouncAlm-~ DeWitt, seconded by Council- man White, the request was tabled, and the City Attorney was instructed to determine the l~gality of the liens under the statue of l~m~tations, before any action was taken. City Manager Black presented an application for a building permit, filed by Mr. Fred A. Beever, to construct a two ~mit.' concrete block store building., with possibly one apartment above on Lot 32, Hof~A~ Addition, the N. E. corner of the North Federal Highway and N. E. 5th Street, stating that all requirements of the Zo~g Ordinance and Building Code would be complied with. A motion was made by Coundilman MacMillan, seconded by Councilman DeWitt, that permit be granted as requested, upon filing of plans and specifications with the Building Inspector. Upon call of roll the motion carried unanimously. City ~'~anager Black presented a report of the Zoning Board, as to the requests for zoning changes which were considered at meeting held on February 5th, 1948~ which letter was read as follows: "March 9, City Council City of Delray Beach Gentlemen: Application for rezoning Lots 21, 22, 23, Block 11, Dell Park, Delray Beach Florida, was not favorably considered. Application for rezoning Lots 22, 23, 24, Block 119, Township 46 South, Range 43 East, Delray Beach, Florida, was not favorable considered. Application for rezoning the North west corner of Block 164, Cindy of Delray Beach, less the North 110 feet, was favorably considered, provided no objections were raised by Messrs. Shirk and Bower after they had been properly contacted. The attached letter from Mr. Shirk stating his position, which is concurred in by Mr. Bower, would seem t o indicate that rezoning is not favorably consider~ at the present time. Yours t_rul~_, (Signed) CHas. E. Black CHAS. E. BLACK City Manager CEB :AD" MARCH :.9~, 1948 As no recommendations were made by the Zoning Board, for granting any of the zo~g changes requested, no action was taken by the Council. With reference to the petition filed by property owners in Dell Park, requesting that the property changed from a Residence "B" District to a Residence "A" District u~der the master rezoning plan adopted May 27th, 1947, be changed back to a Resi- dence "B" District, Mr. Black explained that 170 property owners would be affected and the petition contained only 16 signatures, which is less than 10% of the prop- erty involved, therefore the Zoning Board felt it would not be justified in calling a public hearing. However, Councilman Kabler recommended that a formal request, accompanied by a fee of $15.00 be filed, and property owners be notified that a hearing would be held. City Attorney Moore reco~.ended that a c~plete rezoning map be brought up to date, and a public hearing be called, notice to be published in two issues of the local newspaper. This would establish a legal zoning map, and any changes to be made thereafter would require specific notices mailed to property owners affected. A motion was made by Councilman MacMillan, seconded by Councilman White, that the City Attorney check the validity of the master zoning map adopted May 27th, 1947, and report back to the Council as to its legality. Upon call of roll the motion carried unanimously. City ~lanager Black ~commended to the Council that Fire Zone No. 1 be extended west on Atlantic Avenue to the Seaboard Airline Railway, and Fire Chief Gregory approved this suggestion, as being in line with the anticipated development of this Street. A motion was then made by Councilman DeWitt, seconded by Councilm~n MacMilla~ that the recommendation of the City M~,ger and Fire Chief that Fire Zone #1 be extended west en Atlantic Avenue to the Seaboard Airline Railway, 140' north and south of Atlantic Avenue, be approved, and upon call of roll the motion carried unanimously. City M~r~ger Black then presented a tabulation of the votes received in a recent poll to select a Golf Committee among Golf Club members, as follows: F. B. McNeece -18 votes Mrs. Allen Spencer -20 votes Wil!erd M. Waters -17 votes Mrs. C. E. Butts -16 votes Upon motion of Councilman MacMillan, seconded by Councilman DeWitt, unanimous- ly earried, the four members of the Golf Club receiving the highest number of votes were accepted by the Council as a Golf Committee, the fifth member to be appointed at large. Mayor Brannon then recommended the appointment of Mrs. M. M. DeWitt as a fish member to serve on this Committee, ~t Mrs. DeWitt, being in the audience, declined as accepting the appointment, and the recommendedation was withdrawn. Councilm~n MacMillan suggested that Mr. Charles Crane be appointed on the Committee, stating that he is interested in golf, and has time to devote to the improvement of the Golf Course. As Mr. Crane is not a year round resident of Delray Beach, Mayor Brannon recom mended the appointment of Mr. C. J. N~_nson. A motion was then made by Councilman White, that the Mayor's recommendation that Mr. C. J. Manson be appointed to serve as a fifth member of the Golf Committee be accepted. The motion was seconded by Councilman DeWitt, and upon call of roll carried unanimously. The Golf Committee was empowered to take over the physical assets and run the Golf Course in an advisory capacity, making its recommendations to the Council. A c~nplaint filed by Mr. T. Armour, as to why assessments on the John B. Reid property should not be increased, ~en his taxes have been raised with no additional improvements, was read and ordered filed. City Manager Black asked the approval of the Council of the sale of certain surplus, obsolete or worn out City equipment, stating that he would like to advertise for sale two Burroughs adding machines, one duplicator, and one shop built greens 'tractor which is unservicable. Upon motion of Councilman White, seconded by Councilman Kabler, unanimously carried, the City Manager was authorized to offer the above mentioned surplus arti- cles for sale, bids to be received from March 15th through March 22nd, and to be opened by the City Council at 8 o'clock P. M. on Tuesday, March 23rd, the Council reserving the right to reject any or all bids. Upon recommendation of the Mayor, the City Attorney, in cooperation with the Police Department, was instructed to investigate a reported nuisance caused by the confining of dogs on a vacant lot on the Northeast corner of N. E. 5th Avenue and 1st Street. The following Resolutions were presented, and same was read in f%~ll.' "CITY OF DEIRAY BEACH,FLORIDA RESOLTUION NO. 651 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LOCATING THE WEST RIGHT OF ~AY LINE OF THE OCEAN BOULEVARD, ABANDONING ANY PORTION OF THE OCEAN BOULEVARD LYING WEST THEREOF AND PROVIDING FOR THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS. WHEREAS, for many years there has been considerable uncertainty as to the exact location of the west right-of-way line of the Ocean Road, also known as the Ocean Boulevard, in the fractional East half of Section 16, Township 46 South, Range 43 East, as per plat thereof filed in Plat Book 1, page 25 of the .public records of Palm Beach County, Florida, and WHEREAS, a line to serve in the place of the west boundary line of the Ocean Boulevard in Fractional Section 16, Township 42 South, Range 43 East and commonly known as the Brockway Survey Line has heretofore been established ac- cording to plat thereof on file in Plat Book 20 at page 4 of the public records of Palm Beach County, Florida, which line has been used for building and zoning purposes as the west line of the Ocean Boulevard, ~and MARCH . 9TH, 1948 WHEREAS, the City of Delray Beach now desires to proceed with certain street re- pairs and new street and sidewalk construction on the Ocean Boulevard and desires to definitely establish the location of the west right-of-way line of such Ocean Boulevard before such construction is commenced. NO~, TMEREFORE, BE IT RESOLVED by the City Council of the City of Delray B~ach as follows: SECTION 1. That the City of Delray Beach hereby accepts and designates the above described line known as the Brockway Survey Line as shown on that certain plat on file in Plat Book 20 at page 4 of the Public Records of Palm Beach County, Florida, as being the west right-of-way line of the Ocean Road or Ocean Boulevard, as shown on the plat of the fractional East half of Section 16, Township 46 South, RanEe Z~ East, recorded in Plat Book 1, at page 25 of the Public Records of Palm Beach County, Florida, insofar as the same affects the property hereinafter des- cribed. SECTION2 . That the City of Delray Beach hereby abandons and vacates all of ~hat portion of the Ocean Road or Ocean Boulevard as per plat recorded in Plat Book 1 at page 25 cf the public records of Palm Beach County, Florida, located in the hereinafter described property and lying west of the Brockway Survey Line as shown in the plat thereof recorded in Plat Book 20 at page 4 of the public records of Palm Beach County, F16rida. SECTION 3. That in consideration of the relinquishment of the adjacent property owner of all claims to any of the hereinafter described property located East of the Brockway Survey Line as above describe~, the City of Delray Beach will make no special assessments for benefits against said adjacent property for the proposed repair, improvement and construction work to be done during the y.ears 1947 and 1948. SECTION 4. This Resolution shall become effective upon the proper acceptance thereof by the owner of the hereinafter described property, which acceptance shall be signified by the execution of the attached consent and release. SECTION 5. The property affected by the Resolution is : Ocean Beach Lots "North": North 100 feet of Ocean Beach Lot 11, is Fractional Section 16~ Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. PASSED in Regular Session on this the ~th day of March ,, 1948. (Signed) L. H. Brannon ATTEST: President, City Council (Signed) Ruth ~. Smith Approved.: City Clerk (Signed) L. H. Brannon SEAL Mayor For and in consideration of the abandonment by the City of Delray Beach of that property described in Section 2 of the foregoing Resolution and in further MARCH 9 TH, 1948 -consideration of the agreement of the City of Delray Beach to make no special ,, assessments for' benefits a~ainst the above described property for street improve- ment work on the Ocean Boulevard during the 1947-1948 construction program, the undersigned owners hereby accept the above Resolution and hereby remise, release and quit-claim to the City of Delray Beach, Florida, for use as a public street and sidewalk ~11 of that porition of the above described property as set out in Section 5 of this Resolution, which may be located east of the Brockway Survey Line as shown in Plat Book 20, page 4 of the public records of Palm Beach County, Florida. WITNESSES: (Signed:)Max~e D~mry TALBOT PROPERTIES, INC. By (Signed) George W. Talbot Jr. (Signed:)Margaret J. Bremer President Attest: (Signed) Wilbur E. Cook Secretary STATE OF FLORIDA COUNTY OF PAI2~ BEACH I HEREBY CERTIFY that on this day before me perscmal~ appeared George W. Talbot, Jr. and Wilbur E. Cock to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same, as President and Secretary respectively of Talbot Properties, Inc., a Florida corporation. WITNESS m~ hand and official seal at West Palm Beach on this the llth day of Febr .uar~, 1948. (Signed) Max~e Drury Notary Public, S~ate of Florida at Large. My co~aission expires October 17, 1951. Bonded by American Surety Co. of N. Y." "CITY GF DELRAY BEACH, FLORIDA RESOLTUION NO. 652 (For items through Section 4 - see Resolution above.) SECTION 5. The property affected by this ResOlution is: South 100 fe~t of the East 210 feet of Beach Lot 28 in Fractional Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. PASSED in Regular Session on this the 9th day of March, 1948. (Signed) L. H. Brannon ATTEST: President, City Council (Signed) Ruth R. Smith Approved: (Signed) L. H~ Brannon SEAL May~r For and in consideration of the abandonment by the City of Delray Beach of that property described in Section 2 of the foregoing Resolution and in further considera- tion of the agreement of the City of De/ray Beach to make no special assessments for benefits against the above described property for street improvement work on the Ocean Boulevard during the 1947-1948 construction program, the undersigned owners hereby remise, release, and quit-claim to the City of Delray Beach, Florida, for use as a public street and sidewalk all of that porition of the above described property as set out in Section 5 of this Resolution, which may be located east of theBrockway Survey Line as shown in Plat Book 20, page 4 of the public records of Palm Beach County, Florida. WITNESSES: (Signed) H. D. Gates THE HILDRETH TRUST Henry A. Hildreth Trustee (Signed) W; ~. A~s ..... Alma E. H. ildreth Trustee Under agreement and Declaration of Trust dated November 1, 1929 STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me personally appeared the Trustees of THE HILDRETH TRUST to me known to be the persons described in and who executed the foregoing instrmaent and they acknowledged before me that they executed the ~sl~e e WITNESS m~ hand and official seal at Delray Beach on this theSday of Feb. 1948. (Signed) Harley D. G~ates Notary Public, State of Florida at Large My commission expires July 27, 1951. SEAL Bonded by American Surety Co. of N. Y." "CITY OF DELRAY BEACH, FLORIDA RESOLUTION NO. 653 (See Resolmtion No. 651 for copy through Section 4.) SECTION 5. The property affected by this Resolution is: The South 32.23. feet, more or less, of that~part of Beach Lot 19, lying between Ocean Boulevard and Saline Street, and The North 25.29 feet, more or less, of that part of Beach Lot 20, .ly~g between Ocean Boulevard and Saline Street, in Fractional Section 16, Township ~6 outh, Range 43 East, Delray Beach, Palm Beach County, Florida. PASSED in Regular Session on this the 9th day of March 1948. ~igned) L. H. Brannon ATTEST: President, City Council (Signed) L. H. Brannon (Signed) Ruth R. Smith Mayor City Clerk Seal Approved. For and in consideration of the abandonment by the City of Delray Beach of that property described in Section 2 of the foregoing Resolution and in further consideration of the agreement of the City of Delray Beach to ,~ke no special assessments for benefits against the above described property for street improve- ment work on the Ocean boulevard during the 1947-1948 construction program, the undersigned owners hereby accept the above Resolution and hereby remise, release and quit-claim to the City of Delray Beach, Florida, for use as a public street and sidewalk all of that portion of the above described property as set out in Section 5 of this Resolution, which may be located east of the Brockway Survey Line as shown in Pl~t Book 20, page 4 of the public records of Palm Beach County~ Florida. WITNESSES: (Signed) A. L. Greenwood (Signed) Houston R. Harper (Signed) S. A. Bart°n (Signed) Mertyl R. Harper STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me personally appeared Houston R. and Dorothy R. H~.arper to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the s~e. WITNESS my hand and official seal at Delray Beach, Florida on this the 10th day of February, 1948. (Signed) Ruth R. Smith Notary Public SEAL" My commission expires Feb. 12, 1951. "CITY OF DELRAY BEACH, FLORIDA RESOLUTION NO. 654 (See R~solution 651 through Section 4.) SECTION 5. The property affected by this Resolution is: The North 57.75 feet of Lot 1~, Nassau Park, in Fractional Section 16, Township 46 °outh, Range 43 East, Delray Beach, Palm Beach County, Florida. PASSED in Regular Session on this the 9th day of March 1947. ATTEST: (Signed) L. H. Brannon President, City Council (Signed) Ruth R. Smith City Clerk Approved: (Signed) L. H. Brannom SEAL Mayor For and in consideration of the abandonment by the City of Delray Beach of that property described in Section 2 of the foregoing Resolution and in further consideration of the agreement of the City of Delray Beach to make no special assessments for benefits aga~st the above described property for street improvement w~rk on the 0o~ Bo~ard durinK %he 19/+7-19/+8 construction lprogr~m~ the u~ders1~ned o~ners herel~y accept the above ~solutton ~nd herebF re~_ise~ release ~ud quf~-cl~m to the 01ty of Delr~F Beach~ Florld~ for use as a public street sidewalk all of that portion of the above described property as set out in Sectio~ 5 of this RAsolution, which may be located east of the Brockway Survey Line as shown in Plat Boo~ 20, page 4 of the public records of Palm Beach County, Florida. WITNESSES: (Signed) Paul E. Gringle (Signed) Charles Wenderoth, Sr. Widower (Signed) Miriam J. Jurney STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me personally appeared Charles Wen- deroth, Sr. to me known to be the person described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal at Delray Beach on this the 22nd day of December, 1947. (Signed) Miriam J. Jurney Notary Public, State of Florida at Large My commission expires November 6, 1951. SEAL" Bonded by American Surety Co. of N. Y. "CITY OF DELRAY BEACH, FLORIDA RESOLUTION NO. 655 (For items through Section 4, see Re. solution N0~ 651) SECTION 5. The property affected by this Resolution is: Ail of Beach Lot 29 in Fractional Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. PASSED in Regular Session on this the 9th day of March, 1948. (Signed) L. H. B~annon ATTEST: President, City ~ouncil Approved; (Signed) Ruth R. Smith (Signed) L. H. Brannon City Clerk Mayor SEAL" For and in consideration of the abandonment by the City of Delray Beach of that property described in Section 2 of the foregoing Resolution and in further consideration of the agreement of the City of Delray Beach to make no special assessments for benefits against the above described property for street improve- merit work on the Ocean Boulevard during the ~947-1948 construction program, the undersigned owners hereby accept the above R~solution and hereby remise, release and q~it-claim to the City of De]may Beach~ Florida, for use as a public street and sidewalk all of that portion of the above described property as set out in Section 5~ of this Resolution, which may be located east of the Brockway Survey Line as shown in Plat Book 20, page 4 of the public records of Palm Beach County, Florida. WITNESSES: (Signed) Carl McCoy (Signed) Rhoda Corwtn E/ugh Pickens (Signed) Imogene McCoy (Signed) Douglas E. Pickens STATE OF OHIO COUNTY OF CLINTON I HEREBY 'CERTIFY that on this day before me personally appeared Douglas E. Pickens and Ehoda Corwin Klugh Pickens to me Enown to be the persons describe~ in and who executed the foregoing instrument and they acknowledged before me that they executed the same. __~ WITNESS my b~nd and of£icial seal at New Vienna, Ohio on this the llth day ~of December 1947. (Signed) W. H. Holmes W. H. HOIMES, Notary Public My commission expires Mar. 11, 1949 SEAL" "CITY. OF DELRAY BEACH, FLORIDA RESOLUTION NO. 656 (See Resolution 651 through Sectice~ 4) SECTION 5. The property affected by this Resolution is: South one-half of Lot 14 and the North 15.5~feet of Lot 15, Ocean Beach Lots "North", in Fractional Section 16~' Township 46 South, Range 43 East, Delray Beach Palm Beach County, Florida. PASSED in Regular Session on this the 9th day of March, 1948. (Signed) L. H. Bratmon ATTEST: President, City Council Signed) Ruth R. Smith Approved: ity Clerk (Signed) L. H. Brannon -~-- Mayor ~ SEAL For and in consideration of the abandonment by the City of Delray Beach of that property described in Section 2 of the foregoing Resolution and in further consideration of the agreement of the City of Delray Beach to m~ke no special assessments for benefits against the above described property for street improve- ment work on the Ocean Boulevard during the ~947-1948 construction program, the undersigned owners hereby accept the above Resolution and hereby remise, release and quit-claim to the City of Delray Beach, Florida, for use as a public street and sidewalk all c~ that portion of the above described property as set out in Section 5 of this Resolution, which may be located east of the Brockway Survey Line as shown in Plat Book 20, page 4 of the public records of Palm Beach County, Florida. WITNESSES: (Signed) A. E. Plastridge (Signed) L. A. Wagner (Signed) S. A. Barton (Signed) Pearl A. Wagner STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me personally appeared Pearl A. and L. A. Wagner to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. · WITNESS my hand and official seal at Delray Beach, Fla. on this the 31st day of January, 1948. (Signed) A. E. Plastridge Notary Public, State of Florida at Large My commission expires May 11, 1948. Bonded by Mass. Bonding & Ins. Co. SEAL" "CITY C~ DEIRAY BEACH, FLORIDA RESOLUTIGN NO. 657 (See Resolution 651 through Section 4.) SECTION 5. The property affected by this Resolution is: North 100 feet of Beach Lot 32, less the west 125 feet, in Fractional Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County~ Florida. PASSED in Regular Session on this the 9th day of March, 1948. ATTEST: (Signed) L. H. Brann~ President, City Council (Signed) Ruth R. Smith Approved: (Signed) L. H. Brannon City Clerk Mayor SEAL" ~ROH 9TH, 1948 , For and in 'consideration of the abandonment by the City of Delray Beach of that property described in Section 2 of the foregoing Resolution and in further con- sideration of the agreement of the City of Delray Beach to make no special assess- ments for benefits against the above described property for street improvement work on the Ocean Boulevard during the 1947-1948 construction program, the undersigned owners hereby accept the above Resolution and hereby remise, release and quit-claim to the City of Delray Beach, Florida, for use as a public street and sidewalk all of that portion of the above described property as set out in Section 5 of this Resolu- ti,n, which may be located east of the Brockway Survey Line as shown in Plat Book 20, page 4 of the public records of Palm Beach County. WITNESSES: (Signed) Rhea Whitley (Signed) Wm. H. Robbins (Signed) Dorothy R. Bryant (Signed) Lucie M~ Robbins STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me personally appeared Wm. H. Robbins and Lucie M. Robbins to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the samee WITNESS m~ hand and official seal at Delray Beach on this the 4th day of March, 1948. (Signed) Dorothy R. Bryant ' Notary Public, ~ate of Florida at Large My commission expires December 14,1949. Bonded by American Surety bo. of N. Y. SEAL" The foregoing seven Resolutions, having been approved by the City Attorney, were passed and adopted as read, upon motion of Counc~m-- MacMillan, seconded by Councilman Kabler, and unanimously carried. Councilman White advised the Council tha~t he had received a request for the installation of a street light just north of the American Legion Home on N. E. 5th Ave., stating that property owners had complained of promiscuous parking on the street and in their yards~ and recommended that in view of the activites in the American Legion Home, this light be installed as requested. Upon motion of Councilman DeWitt, seconded by Councilm-u Kabler, unanimously carried~ the City Manager, in connection with the Florida Power & Light Co., was instructed to provide the requested facilities for light at this location. The following Resolution was then introduced: MARCH 9TH, 1948 "RESOLUTION NO. 658 A RESOLUTION OF THE CITY COUNCIL, CITY OF DELRAY BEACH, REQUESTING THE P0~T OFFICE DEPART~NT OF THE GOVE~NT OF THE UNITED STATES OF AMERICA TO BUILD A NEW POST OFFICE IN THE CITY OF DELRAY BEACH, FLORIDA: WHEREAS, the present Post Office in the City of Delray Beach, Florida is antiquated, dilapidated and inadequate to properly handle the normal volume of business and persons calling at said post office, and is grossly inadequate to handle the volume of business and persons calling at said Post Office during the winter months, and WHEREAS there exists a serious traffic congestion twice a day in the general area of the ~ost Office, because of its location, as well as its inadequacy to pro- perly handle the volume of business and number of persons calling, as aforesaid, and WHEREAS, numberous towns and cities in the State of Florida of smaller size then the City of Deltas.~ Beach have received Post Office buildings, NOW THEREFORE, be it resolved by the Ci. ty Council of the City of Delray Beach, Florida: 1. That the Post Office Department of the Government of the United S.~tates of America~ cooperate in every way possible with the City of Delray Beach, Florida~ in securing a new Post Office for this city. ADOPTED BY the City Council of the City of Delray Beach, Florida, this the 9th day of March, A. D. 1948. (Signed) L. H. Brannon President, City Council APPROVED: ATTEST: (Signed) L. H. Brannon Mayor (Signed) Ruth R. Smith City Clerk SEAL" A motion was made by Councilmmn DeWitt, seconded by Councilman ~hite~ that the foregoing Res61uti~n No. 658 be passed and adopted as read, and that copies be mailed to U. AS. Senators Claude S. Pepper and Spessard L. Holland, Congressm~n Dwight Rogers, Post Nas~e~ General Jesse Donaldson, and local Post Master LeRoy Diggans. Upon call of roll the motion carried unanimously. The following Resolution was then presented, and same was read in full: ~CH 9TH' 1948 ~ "RESOLUTION NO. 659 A RESOLUTION OF THE CITY COUNCIL, CITY OF DEIRAY BEACH, REQUESTING THE FLORIDA EAST RAILWAY TO OPEN A RAILROAD CROSSING ON NORTH EAST FIRST STREET IN THE CITY OF DELRAY BEACH, FLORIDA: WHEREAS, there presently exists a serious traffic congestion on Atlantic Avenue, which is the main thoroughfare in the City of Delray Beach, Florida, runni~ East and West, because there are no railroad crossings existing either one block north of the crossing on Atlantic Avenue, or one block south of the crossing on A+.~tic Avenue, thereby necessitating traffic moving from the business district of the city to the Northwest and from the business district of said city to the South- west~ to use Atlantic Avenue, and WHEREAS, the City of Delray Beach closed a crossing formerly open one block south of Atlantic Avenue, to-wit South East 1st Street, and by so closing said crossing, allowed the Florida East Coast Railway to use said opening as part of its depot, N~J, THEREFORE, be it resolved by the City Council of the City of Delray Beach, Florida: 1. That the Florida East Coast Railway open a railroad crossing on North East 1st Street in the Cit~ of Delray Beach, Florida. ADOPTED BY the City Council of the City of Delray Beach, Florida, this the 9th day of March, A. D. 1948. (Sig~ed) L. H. Brannon President, City Council ATTEST: APPROVED: (Signed) Ruth R. Smith (Signed) L..H. Brannon City Clerk Mayer SEAL" A motion was made by Councilman '~ite, seconded by Counci~w~u MacMillan, that the foregoing Resolution be passed and adopted as read, and upon call of roll the motion carried unanimously. An Ordinance to regulate the licensing of punch beards was then brought up for first reading, and same was read in full: AN ORDINANCE GF THE CITY COUNCIL OF DELRAY BEACH, FLORIDA, LEVYING, ASSESSING, AND IMPOSING A TAX UPON THE SALE AND USE OF TRADE AND AMUSF~ MENT/BOARDS WITHIN SAID CITY; PROVIDING FOR THE PUNCH ~CH 9TH~ 1948 COLLECTION OF SAID TAX AND FOR OTHER PURPOSES; PRESCRIBING PENALTIES FOR THE VIOLATION HEREOF; AND REPEALING CONFLICTING SECTION OF ORDINANCE. A motion was made by Councilman MacMillan, seconded by Councilman White, that the foregoing Ordinance be placed on its first reading, and upon call of roll the motion carried unanimously. Upon motion of Councilman Kabler, seconded by Councilman MacMillan, unanimously carried, the City Manager was instructed to furnish to the newspaper for publica- tion the .week in advance of each regular Council meeting, an agenda of the next Seeting of the Council, to be printed ~as a news item, at no expense to the City. Councilman DeWitt, as Chairman of the Finance Committee, asked the approval of the Council of a bill in the amount of $369.18, to Elton Harvel, for construction work on the sidewalk project on the east side of Ocean Boulevard, stating that this work had not been approved by the Council, and he considered it too much for the Finance .Committee to handle. After consideration by the Council, a motion was made by Councilman MacMillan, seconded by Councilman White, that the payment of this bill be approved, and upon call of roll the motion carried unanimously. A letter from the Lake Worth Drainage District, with reference to outstanding County Tax Sale Certificates on property recently acq~red adjoining the Golf Course, was read as follows: "Ma~ch 2, 1948 Mr. M. M. DeWitt Delray Beach, Florida Dear Marshall: I checked the State and County taxes at the Courthouse this morning on the land which this District deeded to the City of Delray Beach on March 13, 1945. Under the agreement between Mr. C. H. Dodson, the City o~ Delray Beach and this Dis- trict this land was to be deeded to the City of Delray Beach subject to State and County and Lake Worth Drainage District taxes subsequent to the 1943 levy and subject to all other taxes and the ~deed recites this. As far as I can find at the Courthouse all state and County taxes are paid on this land thru 1943. Subsequent to 1943 .the~ounty certificates have been pur- chased by Mr. Gringle on certain of the lands covered by this deed. The lands covered by this deed should have been exempt from County taxes after they be- came the property of the City of Delray Beach and no County tax should have been extended against them. It seems that the responsibility lies with the City to see that a proper return of tax ~xempt lands owned by it is made to the County assessor otherwise the tax is extended. I would suggest that you have .your City Attorney check wit~ the assessors office and see what kind of a return was made to the County assessors office for 1944, 1945, 1946 and 1947 as to lands owned by the City of Delray Beach which were to be exempt from taxes of the County. If you can show that proper returns were made and the extension is the fault of the assessors office you might work out some adjustment. Otherwise it looks like the city would have to pay in the money to redeem these certificates to the Clerks office or purchase and as- signment of them from Mr. Gringle and have them cancelled. If you need more information let me know. Sincerely (Signed) W. W. Thomson General Manager" At the suggest'ion of City Attorney John Moore, the matter was held in abeyance until a check can be made of City re~ords, and a further check made of records in the Court House. Mayor Brannon asked the approval of the City Council of a plan to declare the first week in April as Clean-Up Week, and aoliciting the cooperation of property owners in cleaning up rubbish and debris from vacant lots, which was beccme a fire hazard. The fact was brought out that the Property Owners Protective Association was work tng on such a program, and it was suggested that the City work in connection with 'this Association, and also ask the Civic Organizations cooperation in publicizing the plan. After discussion~, a motion was made by Councilman DeWitt, seconded by Counci]m~ White, that the ~a~or's recommendation be approved, plans to be made in connection with the Property wners Protective Association for a general clean up campaign in the City, and that a Proclamation be issued by the Mayor accordingly, when a date has been determined. Upon call of roll the motion carried unanimously. ~yer Brannon further suggested that a proper notice be published in the newspaper that a permit would be issued by the Fire Department for burning rubbish, etc.~ on Vacant lots, under the supervision of the Fire Department. Councilman DeWitt, referring to a recent article in the local newspaper regarding City finances, published by .Councilman John N. Kabler, asked Mr. Kabler what he had in m~ud that he could do to cut down expenses of the City. In view of the article in the paper he assumed that Mr. Kabler had made a study of the problem and might have some suggestions to ~e. Councilman Kabler replied that he h~d brought up the subject at two previous meet- ings of the Council because he was worried about it, and he thought that it should be the problem of every Counc~,~ as well as h~m~elf. Councilman DeWitt explained that he understood that Mr. Black, as City Manager, was in charge of the operation of the City, and that he felt that he was operating the City as economically as possible. He considered it a direct reflection on the City Council, to which Mr. Ka~ler replied that the entire operation of the City shouldn't be put on the City '~nager, that the City Council must cooperate with him. MAROH 9TH, 197+8 Mayor Brannon then suggested three possible solutions that the Council might consider: 1. Raising assessed valuations on real estate in the City. This has been done in other Cities, and as a result the income from taxes has been greater. 2. As an alternative we could raise the millage for the coming year on the present assessments, thereby increasing taxes and raising more revenue, which would cause serious complaint on the part of the tax payers. 3. Salaries could be reduced in line with the suggestions carried out in this article. Mayor Brannon further stated that the comparison in expenditures over a peri~ of from four to eight years ago was very unfair. The City has grown and the cost of operating the City has had to increase with this growth. Mayor Brannon then stated that as a Councilman he could not see that an emer- gency existed, or that we should cut salaries in view of the rising cost of living. We could not recommend the adoption of a different policy of assessing for the com- ing year than has been in effect, unless it is determined that a need does exist. As a member of the Council, Mr. Brannon stated that he did resent the inferences in the article published in the newspaper. As Mayor, he would not recommend a change in tax valuations which had been set up by the Tax Assessment Advisory Board, and he w~o_ld never recomnend that the Council cut salaries of employees who are n~r underpaid as a whole. Councilman Kabler did not recall winking a suggestion that salaries be cut. Councilman White then asked Mr. Kabler what he considered unnecessary expenses, stating that he would be Just as ready to cut them out as anyone. Councilman Kabler did mot answer this question. Councilman MacMillan then complimented Mr. Kabler on putting the advertis~ame_nt in the paper, stating that it had caused the Council to put considerable thought on the question. The C~ouncil had accepted the responsibility to think about these things, and for that reason he felt that Mr. Kabler should be complimented on arous- ing this interest in the finances of the City. Councilman DeWitt explained {hat at the request of the Mayor had called a meet- ing of the Finance Committee, and they had found that the City was operating within its budget. More money was spent over the first four months than could be spent accordingly over the entire fiscal year, but this is a normal expenditure because the City was getting ready for the tourist season. Just as soon as the season is ended the budget will level off. The budget had been figured close, but in his opinion there was no cause for worry. Every Municipality has to study its finan- cial picture. Cities are constantly going to the Legislature seeking financial aid for operation costs. Mr. DeWitt stated that he co~sidered an article of this kind harmful to the growth and progress of the towni He suggested that possibly garbage and trash could be collected only once a week, the Police and Fire Depart- ments could cut down their forces, the radio equipment could be thrown out, if that was what the people wanted. The Council had gone on the assumption that the people wanted an active town, an up and coming town, and they wanted to give them that. City Manager Black, when asked if he knew of ar~ unnecessary expenditures where cuts could be made, stated that he had already made some cuts and was planning on m~king more wherever possible. Councilman Kabler then explained that he had had no cooperation from the Coun- cil of a study of the financial condition of the City. No one could tell accurately how much revenue can be collected for the rest of the fiscal year. There is no assurance that employees will continue to be employed for the rest of the year. Mayor Brannon, in answering Mr. Kabter, stated that on both occasions the ques- tion of financies had been brought up by him he had been assured that the conditic~ was normal for this period of the year, and that unless some emergency arises we would be able to continue to operate for the next seven months. Mr. Brannon also: stated that he was critical of the apparent unfavorable publicity the article given the City of Delray Beach. With reference to the item set up in the budget for the sale of City property, which Mr. Kabler stated he did not approve of as an item of revenue to be used for operation, Councilman DeWitt explained that the City could either anticipate the sale of City owned property, obtained through tax foreclosures, or increase the millage to offset it. Mayor Brannon then stated that the Council should go on record as assuring the citizens of Delray Beach that our financial affairs are in-the usual order for this period of the year, that the City is not in bankruptcy and does not expect to be. The press wes asked to report this meeting as %horoughly and clearly as possible for the enlightenment of the public, semoving any thought that a charge had been made. Councilman Kabler suggested that the Council hold ,a public meeting to dis- cuss fully the financial condition of the City, and asked the Co~ci~ if it con- sidereal such search into the financial conditio~ of the City would publish the truth, to which Councilman DeWitt inquired if he would doubt the authenticity of the audit, that he had in m~,nd publishing the next audit report. Councilm~n ~bite advised Mr. Kabler that nothing had ever been hidden, a~y- one was permitted to look at the audit at any time. Councilman DeWitt further stated that no figures should be printed that are not authentic, that he would never take it upon himself to publish any figures other than the Auditor's figures, which have been certified. An Auditor is em- ployed for that purpose. In a motion m~de by Councilman MacMillan, seconded by Councilman Kabler~ unanimously carried, bills totaling $21,624.66 were approved, subject~to the ap- proval of the Finance Committee. City ~_~_ger Black then advised the Council that he had already put several ~;hanges in effect which are saving from $100.00 to $200.00 a week. As instruc- :bed by the Council all requisitions must be spproved through his hands, and all promiscuous buying of supplies and equipment by Department Heads was being ,,3topped. Already a change in the amount of bills could be seen. MARCH 9TH, 1948 The Council expressed confidence in Mr. Black's ability to operate the City economiCally, and felt that there had been no criticism intended on his part. Council then adjourned. APPROVED: Mayor