03-23-48 MARCH 23RD, 1948
Regular meeting of the City Council of the City of Delray Beach was held in
the Council Chambers at 7:30 P. M. with Mayor L. H. Brannon in the Chair, and City
Attorney John Moore, City ~nager Charles E. Black, and the following Councilmen
present: M. M. DeWitt, John N. Kabler, Neil E. MacMillan, and C.. J. White, a quo-
rum being present.
The audience was given the opportunity to address the Council.
The following Resolution was then introduced:
"RESOLUTION NO. 660
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,
INSTRUCTING TAX COLLECTOR TO DELIVER TAX LIEN CERTIFICATES TO THE CITY
ATTORNEY FOR COLLECTION OR FORECLOSURE.
BE IT RESOLUVED by the City Council of the City of Delray Beach, Florida,
that the City Tax Collector shall deliver to ~the City Attorney all tax lien certi-
ficates owned by the City and in the custody of said Collector, for collection or
foreclosure.
ADOPTED by the City Council of the City of Delray Beach, Florida, this the
23rd day of March, A. D. 1948.
(Signed) L. H. Brannon
President, City Council
APPROVED:
(Signed) L. H. Brannon
Mayor
ATTEST:
(Signed) Ruth R. Smith
City Clerk
SEAL"
A motion was made by Councilman DeWitt, seconded by Councilman MacMillan,
that the foregoing Resolution No. 660 be passed and adopted as read, and upon
call of roll the motion carried unanimously.
The following Ordinance was then brought up for first reading, and same was
read in full:
AN ORDINANCE ~ THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA~
DESIGNATING THE TERRITORY TO BE INCLUDED IN FIRE ZONES I, II AND III
AS PROVIDED BY SECTION 2, CHAPTER II OF T;~E CITY CODE OF ~EIRAY BEACH,
FLORIDA, AND DIRECTING THAT SUCH PROPERTY BE DESIGNATED ON THE FIRE
ZONE MAP OF THE CITY OF DELRAY BEACH, FLORIDA, AND REPEALING ORDINANCE
NO. G-13 OF THE CITY OF DELRAY BEACH, FLORIDA.
Upon motion of Councilman DeWitt, seconded by Councilman Kabler, unanimously
carried, the foregoing Ordinance was placed on its first reading.
MARCH23RD, 1948
City Attorney Moore then read the recommendations of the Zoning Board for
the rezoning of West Atlantic Avenue, who asked that the recommendations, if
approved by the City Council, be incorporated into an Ordinance to be adopted
by the Council.
"March 9, 1948
REZONING WEST ATLANTIC AVENUE 150 FT. NORTH AND SOUTH, SWINTON TO SEABOARD FR~
"B~ ZONE TO BUSINESS.
Anticipating normal expansion and a favorable majority opinion by affected prop-
ertl owners at a public meeting to be held March 23rd, WE REQUEST THAT AN (RDI-
NANCE BE DRAWN and placed in our hands in time for reading at that meeting embody-
ing 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 must be layed abutting all property improved in accordance
with standard (City) specifications. Include curb of proper ~svation.
- D. That portion of property between curb and present right of way mast 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 mast be above that as set by the City
and where fill is required the entire property mast be brought up to the re-
quired elevation. To be specified in this or~t~ance.
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 some regulation as to
the minimum~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 Commlttee will be glad to meet
with them in joint session at a time they might~designate.
(Signed) King S. Cone
ESC:AD"
The Council carefully considered each item separately, and arrived at the fol-
lowing decisions:
MARCH 23RD, 1948.
150' north and south of the center l f~e of Atlantic Avenue which is now zoned
for Residence "B" construction, shall be changed to a Special Business Zone.
A. Approved as submitted.
B. Approved as submitted.
C. Sidewalks to be constructed 43' from center line of Atlantic Avenue and
10' wide, the elevation to be estimated by City Engineer, to include curb
at this established line.
D. Omit
E. Floor level 'to be 2" or more above sidewalk elevation.
F. Omit
G.Alley to be worked out from rear set-back, to conform to the alley-way
already established.
The City Attorney was instructed to draw up an Ordinance embodying the foregoing
provisions, for the consideration of the Council at its next regular meeting.
City Attorney Moore advised the Council that in his opinion the master rezon-
ing plan as adopted on May 27, 1947, would not stand up in Court, and recommended
going ahead with a new comprehensive zoning plan.
A motion was thegn made by Councilman White, seconded by Counc~lm~u DeWitt~
that the City Clerk be instructed to request the Zoning Board to make adjustments
which they consider necessary on the present zoning map and reCommend a new over-
all zoning plan for the City, to be considered by the Council, considering any
requests for zoning changes at this same time. Upon call of roll the motion carried
unanimously.
Mr. H. B. A~=~, forme~ Building Inspector, inquired as to the legality of the
present zoning map, and he was informed that there was some doubt as to its valid-
ity. Mr. Adams then stated that in his mind the property owner ~s being put on
the spot, the Council making it necessary for him to go to Court to test the valid-
ity of the zoning map, stating that it isn't right to Juggle the zoning of people's
property around.
City Attorney Moore stated that he believed it would be quicker to adopt a
whole new rezoning plan that would be legal without a doubt than to force a test
to be made through the Courts.
Mayor Brannon then called a Special Meeting of the City Council, together with
the Zoning Board for Wednesday afternoon at 5 o'clock, to m~ke a further study of
a new Master rezoning plan, so that recommendations can be made to the City Council
and a hearing called as soon as possible.
MARCH 23RD, 1948.
Mr. John Thieme, representing the Service League of the Lutheran Church,
addressed the Council, asking what could be done to keep parking space open around
their Church on Sunday mornings, stating that Catholic services were being held in
the Theatre before and during the hour of their services, and it was impossible
for Lutheran church members to park their cars near their own charch. Mr. Thieme
was asked to discuss his problem with Father Kellaghan and try and work out an
agreeable soluti~.
Mr. Gringle then addressed the Council inquiring as to the possibility of ob-
taining a vendor's license for a client, to sell ice cream and ice cream products
on Ocean Boulevard a distance of 1500' north and south of Atlantic Avenue, also
asking that a space be marked off and reserved for the vendor's trucks. Mr. Gringle
felt that this would be a much needed service to bathers, as it was especially bad
for children to have to cross the Boulevard to buy ice cream, etc. He asked that
the Council give his client the exclusive right to se~l from this location, as he
planned an expenditure of several thousands of dollars for his trucks and equip-
ment. He stated that nothing would be sold from the Beach, and the vehicles would
be parked in a section to be designated by the Police Department from 11 in the
morning until 4 in the afternoon.
Mr. Gringle was informed that the Council was unable to give any~e an exclus-
ive right to commercialize the Beach, as it would be against the provisions of the
- -original grant of the land to the City, and that all businesses must be conducted
west of the highway, which in this ease would be of no advantage to bathers. No
action was taken on the request.
A letter from a group of colored citizens was then read, as follows:
"317 N. W. First Street
Delray Beach, Florida
March 23, 1948
To the Honorable City Council and Mayor
Gentlemen Sirs:
we the undersigned committee representing the Colored Hospital Fund, are writ-
ing to acknowledge and accept the offer made to us by the City Manager, Mr. Black,
for a lease of ninety-nine years at one dollar ($1.00) a year on the lots described
below:
Lots 1 to 6 and 19 to 24, Block "B"
Westside Heights, Delray Beach (13-61)
(Signed) Wm. Robinson, Chairman
Benjamin Williams
Joseph Baldwin, Jr.
Jesse Nelson
T. Delancy"
Mayor Brannon advised Mr. Robinson that it would be necessary for his group to
incorporate as a non-profit organization before it would be able to solicit f~nds.
MARCH 23RD, 1948
City Manager Black informed the Council that Gulf Stream Hospital, must include
ten beds for colored patients in its proposed plans, and Mr. Robinson was requested
to contact Mr. James Ritterbusch with reference to the plans for a proposed hospi-
tal by the Gulf Stream Hospital Corporation regarding any provision being made for
colored patients. The request was held in abeyance until this information could be
obtained.
Mr. Robinson then inquired as to the Council's plan for draim~ge of the colored
section of the City.
City Manager Black stated that he had obtained a contour map of the entire City
to be use~ in laying out a proposed drainage system, and from that he can determine
what the City wants to set up on the drainage problem.
Councilman Kabler suggested that a drag line be set aside for a month, and be
used to deepen the existing ditches and culverts installed.
The problem of where to drain the water was discussed, it being the consensus
of opinion that the most satisfactory way would be to drain east to the Intracoastal
Canal, Mayor Brannon recommending that this project be given priority for the next
thirty days before the rain~ season starts.
Councilman Kabler asked that the City Manager determine, for the next Council
meeting the cost of draining this area, installing culverts and digging ditches
where necessary, with the hope of borrowing a drag line when the work is ready to
be done.
With reference to the proposed sidewalk on West 5th Avenue, City Manager
Black advised the Council that he was ready to recommend going ahead with the pre-
paration of Resolutions to be turned over to the colored Association, to obtain
signatures of property owners who are 'willing to donate 5' of their property on which
to build this sidewalk.
Mr. Wm. Robinson, speaking on behalf of these property owners, stated that some
buildings would have to be moved, which the owners were not agreeable to do. There
are some store buildings now located on City property so they would not be able to
give five additional feet for a sidewalk.
Mr. Black then suggested that the City keep the streets in repair and not con-
struct the sidewalk, if the people are not willing to give the 5' needed for the
sidewalk, further stating that 2nd St. and N. W. 8th Avenue were now in good con-
dition and could be used by the school children.
Counci~n Kabler stated that he thought the City was expecting too much in
asking the people to give the land and pay for the walk- too, suggesting that the
Council consider whether or not it is of sufficient public interest for the City
to invest in, under the same arrangement as the Ocean Boulevard project. He
asked if there was any way funds could be obtained for this work, to be put on
next year' s budget.
MARCH 23RD 1948
A motion was then made by Councilman DeWitt, seconded by Counc~lm~n Kabler, that
the City Attorney be instructed to prepare a Resolution instructing the City Manager
to estimate the cost of bu~ lding a sidewalk on the east side of 5th Avenue two blocks
north and two blocks south of Atlantic Avenue, and also submit a plan for financing
the project.
City Attorney Moore, with reference to the request that he check the statute of
limitations governing improvement liens stated that he had found that there is no
limitation. · This request was made relative to 1927 paving liens against property
purchased by Mr. Frank Meyers of Lake Worth, in the Sundy-Tenbrook Subdivision.
The following Ordinance was then brought up for second and final reading, and
same was read in full:
"ORDINANCE NO. G-42
AN ORDINANCE OF THE CITY COUNCIL OF DELRAY BEACH, FLORIDA,
LEVYING, ASSESSING AND IMPOSING A TAX UPON THE SALE AND
USE OF TRADE AND AMUSEMENT PUNCH B0~RDS WITHIN SAID CITY:
PROVIDING FOR THE COLLECTION ~F SAID TAX AND FOR OTHER
PURPOSES; PRESCRIBING PENALTIES FOR THE VIOLATION HEREOF;
AND REPEALING CONFLICTING SECTION OF ORDINANCE.
BE IT ORDAINED BY THE CITY COUNCIL of the City of Delray Beach, Florida, as
follows:
SECTION 1. DEFINITION; Trade Boards and Punch Boards for amusement purposes
and as used herein are defined to be and to include Trade Boards, Charlie Boards,
Punch Boards, Jar Deals, Pull Tabs, Raffle Books and the like, used for the dis-
tribution of merchandise of prizes or credit or anything of value in the City of
Delray Beach.
SECTION2. OCCUPATIONAL TAX; There is hereb~ levied and assessed against each
person engaging in the business of distributing such trade boards and punch boards
for amusement purposes, an occupational tax of $50.00 for each year, beginning the
22nd day of April, 1948.
SECTION 3. DISTRIBUTOR DEFIED: A distributor of such trade boards or punch
boards for amusement purposes is defined to be any person, firm, or corporation
who engages in selling or distributing or conveying such trade boards to another
person, firm or eorporation within said City of Delray Beach for ultimate use by
the public.
SECTION 4. OPERATOR DEFINED: An operator is a merchant or other person dis-
playing such trade boards or punch boards for amusement purposes in his place of
business' or another building or enclosure~ and offering to sell therefrom punches
or tickets to its consumers or patrons, nyone attempting to sell the whole of
such board rather than individual punches or tickets shall be considered a distri-
but or.
SECTION 5. DUTY OF DISTRIBUTOR: It shall be the duty of the distributor of
trade boards for amusement purposes to affix tax stamps issued by said City of Del-
ray Beach, said tax stamp to have serial number affixed on the tax stamp in ~ink
which serial number shall correspond with the serial number of the trade board, or
punch board for amusement purposes. Each distributor shall be issued a number by
said City of Delray Beach and the distributor dispensing said trade or amusement
board, shall affix his number issued by said City of Delray Beach on the back of
said board in indelible ink. Tax stamps shall not be placed on any trade board
or punch board for amusement purposes not bearing the number of a distributor as
aforesaid. Tax stamp or stamps shall be securely affixed to said trade boards and
punch boards for amusement purposes being glued thereto, and those stamps shall
not be transferred from one board to another. It shall be unlawful for any dis-
tributor to distribu~, or any operator to offer for public use, any such boards
which does not contain the proper stamp or stamps, properly affixed, as herein
provided. Such board or boards displayeclfor~public use, shall always be subject
to inspection by the City of Delray Beach. Any such board or boards being so dis-
played for the public use without the proper tax stamps affixed may be immediately
confiscated as evidence of the illegal operation thereof.
SECTION 6. DUTY TO REGISTER: IT shall be the duty of each distributor to
register his name, fictitious, corporate, and real, along with his occupation or
business with the Tax Collector of said City.
SECTION 7. TAX ST^MP ON BOARDS: Each board or punch board for amusement
purposes displayed for sale by a distributor, or b y an operator or merchant or
other person in his place of business or other place, whereby the public or con-
sumers or patrons are permitted to purchase punches or tickets thereon, shall
have affixed thereto the tax stamp of the City of Delray Beach, on the face of
the board or other conspicuous place thereon according to the following schedule:
TRADE BOARDS
One-cent stamp for each 100 holes or tickets, with a minimum of 55, and an addi-
tional 55 for each 500 holes or fraction thereof.
AMUSEMENT BOARDS
55 Boards up to 750 holes or tickets $ ~ .50
55 Boards from 750 to 1500 holes or tickets 1.00
Each additional 100 holes or tickets .15
10¢ Boards up to 750 holes or tickets 1.00
10¢ Boards from 750 to 1500 holes or tickets 2.00
Each additional 100 holes or tickets .25
25¢ Boards up to 750 holes or tickets 1.75
25¢ Boards from 750 to 1500 holes or tickets 3.50
Each additional 100 holes or tickets .50
50~ Boards up to 750 holes or tickets $2.50
50~ Boards from 750 to 1500 holes or tickets 5.00
Each additional 100 holes or tickets 1.00
$1.00 Boards up to 750 holes or tickets 4.00
$1.00 Boards from 750 to 1500 'holes or tickets 8.00
Each additional 100 holes or tickets 2.00
Ail other types not specified, $10.00 up to 750 holes or tickets plus $2.00 for
each additional 100 holes or tickets.
Any person displaying a board for sale without having the tax stamp affixed
'shall be guilty of violation of this Ordinance. The displaying of a trade board
for sale, or the possession of a board which has been punched, and upon which the
tax stamp is not affixed shall be prima facie evidence of the violation of this
Ordinance for any board taxes hereunder to have displayed on it United States
Currency.
SECTION 8. REGULATIONS AS TO TAX STAMPS: The tax stamps to be affixed shall
be of the form and size as may be designated by the City of Delray Beach, Florida.
Such tax stamps shall be sold by the City Tax Collector of said City of Delray
Beach to registered distributors only and shall be sold in quantities of not less
than $100.00 valuation. Ail moneys .collected from the sale of such stamps shall
be paid into the Treasury of the City of Delray Beach, Florida.
SECTION 9. UNLAWFUL TO USE BOARDS FOR GAMBLING: It shall be unlawftLl and a
violation of this Ordinance to use such trade boards for gambling or wagering
purposes, or for any purpose other than as a trade board or amusement board.
SECTION 10. UNLAWFUL FOR MINORS TO PLAY: It shall be unlawful and a viola-
tion of this Ordinance to permit any minors to purchase punches or tickets from
said trade boards or amusement boards, and' any operator or merchant permitting
same personally, or by or through any agent or employee, shall be punished as
hereinafter provided.
SECTION 11. PENALTY FOR VIOLATION: Any person, firm, or corporation who
shall violate any of the term~ of this Ordinance shall, upon conviction thereof,
be punished by a fine of not more than $500.00, or by imprisonment for a term
not exceeding 60 days, or by both such fine and imprisonment in the discretion
of the Municipal Judge.
SECTION 12. THIS C~DINANCE shall take effect 30 days from its passage on
second and final reading.
SECTION 13. SECTION 26 of Ordinance number G-Ii of the City Council of the
City of Delray Beach, Florida, be and the same is hereby repealed.
PASSED in Regular Session'on second and final readong in this 23rd day of
March, 1948.
(Signed) L. H. Brannon
President of City Council
AT~EST:
(Signed) Ruth R. Smith APPROVED:
City Clerk (Signed) L. H. Brannon
Mayor
SEAL"
MARCH 23RD 1948
Mayor Brannon, in commenting on the foregoing Ordinance,~ stated that he felt
that by prohibiting children to use Trade Boards the City would not only be elimi-
nating a lot of pleasure on their part, but would be m~ ~ing potential criminals of
the children who played them. He suggested that the age limit be lowered to allow
children to use Trade Boards,
Councilman White stated that in his opinion gambling for Trade was the same
as gambling for money.
Mayor Brannon then suggested that bingo games and bookmaking establishments
be licensed, stating that according to law b~ngo is illegal and cannot be licen-
sed, but that by this Ordinance an attempt is being made to license something pro-
hibited by law, that Punch Boards are contrary to law if considered gambling. Mr.
Brannon recommended that Bingo games and Bookmaking establishments be made legal
and licensed under this Ordinance, as it is purely a revenue producing Ordinance.
Councilman White suggested that the people be given an opportunity to vote
on the Ordinance, to find out if they were in favor of it, stating that he did
not believe they would approve of it.
Councilman MacMillan w~s not in favor of licensing charitable organizations
that operate Bingo games.
Councilman Kabler was of the opinion that Punch Boards will be used in the
City anyway, and the City should profit by it.
Mayor Brannon then stated that as children are the biggest users of Trade
Boards, by eliminating them the profit will also be eliminated.
A motion was made by Councilm~n DeWitt, seconded by Councilman White, that
the foregoing Ordinance No. G-42 be passed and adopted as read, and upon call
of roll the motion carried unanimously.
A letter from Mr. Lester Follette regarding delinquent City taxes against
Lot 7 Block 89, which reverted to the City by foreclosure a few weeks after he
had purchased it from the former owner, was read. Mr. Follette asked that he
be permitted to pay the delinquent taxes to the City and receive a Quit-Claim
Deed from the City f~r the lore
It was the consensus of opinion of the Council theft Mr. Follette shoed
be given preference in buying the lot if and when a sale of City owne~ property
is held, at a minimum price to be determined by the Council. The delinquent
taxes could not be accepted at this time as the City has taken title to this
property.
A petition filed ~ the Delray Civic League, bearing 34 signatures, was
p~-esented by the City anager, and same was read as follows:
"March 11, 1948
TO THE OFFICERS AND MEMBERS OF THE CITY COUNCIL:
DELRAY BEACH~ FLORIDA.
GENTLEMEN:
We the undersigned property owners of Delray Beach, Florida, located and living
in the area North of Atlantic Avenue and between N. W. 5th Avenue and N. W. 7th
MARCH 23RD, 1948
Avenue have regularly used N. W. 7th Avenue as far as it extends as a designated
street and the intervening property that would be a part of N. W. 7th Avenue were
it designated as a street, for a public highway, and the only street leading from
N. W. let Street to West Atlantic Avenue. We also wish to state that N. W. 7th
Avenue is the only outlet from N. W. let Street to West Atlantic Avenue, and has
been so used for more than twenty years.
Having been reliably informed that continued use of property without interference
for more than twenty years as a street or highway gives it the status of a public
highway; therefore, we hereby petition and pray the Honorable Mayor of the City
to establish the right-of-way and dedicate a through street on N. W. 7th Avenue
to connect West Atlantic Avenue and N. W. let Street as that constitutes the only
practical ingress and egress to the first above described area.
We do further more pray and petition the officers and members of the City Council
that they be alert concerning and take prompt actions to prevent any move on the
part of any parties to block this necessary street or thoroughfare ~S½ of N. W.
7th Avenue between West Atlantic Avenue and N. W. 1st Street) so that it cannot
be used as a street or thoroughfare.
Respectfully submitted,
(Signed) Here appear 34 sigaaturee"
The City Attorney was instructed to check the authenticity of the statement
that "continued use of ~roperty without interference for more than twenty years
would give it the status of a public highway" before any action was taken by the
Council.
Councilman Kabler filed with the Council copies of letters and figures from
several Municipalities, proving that the figures he published in "Page 2 of an
Open Book" referred to the Budget years 1946-1947 and/or 1947-1948, and not from
four to eight years ago, as he claimed was erroneously reported.
A report of the proceeds from the sale of surplus U. S. 0. equipment was filed
by the City Manager, as follows; who stated that this completed the sale of all of
the equipment designated for sale, with the exception of two electric grills.
"REPORT OF SALE OF S~H{PLUS U.S.O. EQUIPMENT
A~erican Legion Post No. 65 $ 80.00
Delray Beach Public Library Assoc. 63.30
First Baptist Church 99.50
Cason Memorial Methodist Church 4.50
Walter A. Roth 50.00
A. Waldie Holroyd 75.00
Receipts from Auction Sale held
on March 15th 858.90
$1,231.20"
Mayor Brannon then complimented the City Manager on the manner in which he
disposed of this equipment, and also requested that aletter of thanks be written
to Rev. John R. Martin for his capable work in conducting the auction sale.
MARCH 23RD, 1948
The Clerk was also instructed to write a letter of appreciation to Rev. Charles
0. Farrar for his work as Chairman of the Delray Beach Recreation Association, and
for preparing a complete and comprehensive report of the work of the Association
which was filed with the Council on January 27th.
A letter from-Mr. C.Y. Byrd regarding his acceptance of the west right-of-way
line of Ocean Blvd. was read as follows:
"December 6, 1947
Mr. H. P. Edmond,
City Manager
Delray Beach, Florida
Dear Mr. Edmond:
Enclosed herewith is form resolution handed me by Mr. Kabler in reference to
my ocean front property, upon which my home is l~cated.
I have executed the resolution and I am forwarding it to you with the under-
standing that at such time as the City decides to remove my wall, sidewalk and
curb -- which I constructed at my expense, that the work will be done in a neat
manner, and some adjustment wil] be made with me for the wall and sidewalk either
in the nature of a new inexpensive wall and a replacement of a like sidewalk by th
City, at its expense.
Very truly yours,
(Signed) C. Y. Byrd
CYB:H
encls. "
"March 13, 1948
Mr. C. E. Black
City M~nager
Delray Beach, Florida
Dear Mr. Black:
I call your attention to a letter which I wrote Mr. Edmond on December 6th
enclosing properly signed resolution with reference to the east property line
of my home property on North Ocean Boulevard.
Noti~having heard from any of the City officials, I would appreciate if you
would return to m~ office the executed resolution, as the conditions upon which
it was mailed to the City have not been acted upon, nor have I been advised what
the City contemplates doing withreference to my present wall and sidewalk.
Very truly yours,
(Signed) C. Y. Byrd
CYB:H
encl."
MARCH 23RD~ 1948
The Council was advised that this Resolution was not passed at that time,
but Mas returned to Mr. Byrd to obtain the signature of his wife, and it has not
been returned for Council acceptance.
Mayor Brannon informed the Council that Mr. J. B. Evans, owner of Lot 24,
had added a clause to the Resolution si~ned by him stating that if the work c~
establishing the west right of May line affecting his property Mas not done this
year, he Mould not be assessed for the Mork during the next year, or two years.
This was agreeable to the Council, and a motion was made by Councilm~B Kab-
ler, seconded by Councilman De~itt, that a proper Resolution be dra~n up o~iving
all property owners affected this protection for a definite period of time.
Upon call of roll the motion carried unanimously.
A motion was made by Councilman MacMillan, seconded by Councilman DeWitt,
that the City M~nager file for record in the County Court House, all Resolutions
approved by the Council in regard to the acceptance of the Ocean Boulevard west
boundary line. Upon call of roll the motion carried ~nanimously.
City ~ana~er Black read a request for the paving of S. E. 2nd Ave. from 1st
to 2nd Street, si~ned by o~ners of property on the west side of the Street, who
were willing to pay for 1/2 of the cost of the paving.
Mr. Black Mas instructed to prepare an estimate of the cost of paving this
street~ and to advise the petitioners that if the cost of construction were de-
posited Mith the City, the pavin~ Mould be don~ by the City.
The Clerk presented the following proof of publication of an Invitation
for Bids on certain surplus equipment, which proof ~as spread upon the minutes
as follows:
"NOTICE OF SALE
Sealed bids will be received by the City of Delray Beach during office
hours from ~arcb 15th to March 22nd, inclusive on the following listed surplus
or obsolete equipment~
2 Adding machines, Burroughs
1 Mimeograph Machine,' Speedoprint
1 Shop Built Tractor,~ Model "A" Ford Powered
This equipment may be inspected by contacting the office of the City Manager.
Bids will be opened by the City Council at 8:00 o'clock p.m. on March 23rd,
Bids $~st be accompanied by cash or check in the amount of 10% of the bid. The
Council reserves the right to reject any or all bids.
Chas. E. Black
City Manager
March 12,19, 1948"
"Affidavit of Publication
Delray Beach News
Publishes Weekl~
Delray Beach, Palm Beach County, Florida
STATE OF FLORIDA
COUNTY OF PAI~ BEACH
NARCH 23RD 1948
Before the undersigned authority personally appeared H~oward Berg, Jr. who
on oath says that he is ~.~ of the Delray Beach News, a weekly newspaper
published at Delray Beach in Palm Beach County, Florida; that the attached copy
of advertisement, being a Notice of Sale in the matter of City .of De/ray Beach~
in the C~urt was published in said newspaper in the issues of
March 12. 19.1948.
Affiant further says that the said Delray Beach News is a newspaper pub-
lished at Delray Beach, in said Palm Beach County, Florida, and that the said
newspaper has heretofore been continuously published in said Palm Beach County,
Florida, each Friday and has been entered as second class m~il matter at the
post office in Delray Beach, in said Palm Beach County, Florida, for a period
of one year next preceding the first publication of the attached copy of ad-
vertisement; and affiant further says that hehas neither paid nor premised
any person, firm or corporation any discount, rebate, commission, or refund
for the purpose of securing this advertisement for publication in the said
newspaper.
(Signed) Howard Berg, Jr.
Sworn to and subscribed before me this 19th day of March A. D. 19 48.
(Signe~H~zel V. Snow
Notary Public, State of Florida
at Large
My commission expires February
4, 1949.
Bonded by American Surety Co.
of N. Y.
SEAL"
Four bids were received in response to the foregoing notice, as follows:
7 Bank Adding Machine $26.00 Neil E. Mac~iillan
9 Bank Adding Machine 15.00 Neil E. MacMillan
Small adding Machine 32.50 J.L. Patterson
Large adding Machine 30.00 J.L. Patterson
7 Bank Adding Machine 20.00 Cyrus Curtis Cummings
1 Duplicator 25.00 Delray Beach Property
Owners Protective
Association, Inc. "
A motion was then made by Councilman DeWitt, seconded by Councilman White,
that the high bids be accepted on this surplus equipment offered for sale by
the City Manager, and upon call of roll the motion carried, Councilman Brann~a
DeWitt, Fabler, and White voting in favor of the motion, and Councilw~u Mac
Millan not voting.
City Manager Black reported to the Council the condition of certain streets
which he considered it necessary to resurface or rebuild, as follows:
MARCH 23RD, 1948
1. Seabreeze Avenue - Recommend patching at a cost of approximately $50.00
unless property owners insist that the level of the street be raised.
2. N. E. 1st Street, from the railroad west for one Block. The Street is
gone and should be rebuilt and assessed to the abutting properties.
3. S. W. 4th Street from Swinton to S. W. 2nd Avenue. The Street is now
only 20' wide and right-of-way is needed to pave it to the required
width of 40'.
The City Manager was instructed to check the policy recently adopted by the
Council with reference to street resurfacing and rebuilding work, and the City
Attorney was instructed to foll~ through condemnation proceedings started by
the former City Atiorney, to obtain the 20' on the south side of S. W. 4th St.
needed for this street construction.
City A~anager Black advised the Council that it would be necessary to tn-
stall two additional high-lift pumps to put water in the new storage tank, stat-
ing that at the present time there is one pump which can pump only 1500 gallons
of water per minute, and during the last two days 2500 gallons of water have been
used per minute. Mr. Black explained that no provision was included in the water
construction program for these pumps, but the additional mains and storage tank
would be useless without the pumps to put the water in them. He recommended
that plans and specifications be prepared at once in cooperation with Smith and
Gillespie, Engineers, which could probably be ready within two weeks, at which
time he would bring their recommendations before the Council for approval and
bids could be requested.
A motion was made by Councilman DeWitt, seconded by Councilm~n MacMillan
that the City ~nager be instructed to follow through the preliminary steps
necessary to install these pumps, and have his recommendations ready for the
next meeting of the Council. Upon call of roll the motion carried unanimously.
Mr. A. F. Ranson, Superintendent of the Water ~lant, advised the Council
that during the last few days the water was being pumped at peak capacity, and
the storage was dangerously low, as well as the ground storage tank. He urged
that the people be asked to use water sparingly especially during the hours
from three until seven in the afternoon.
Mayor Brannon asked that newspaper-publicity be given to the fact that dur-
ing the last two days the water supply has diminished to a point where it is
dangerous from a fire hazard standpoint, and that the people be asked to curtail
sprinkling and using water unnecessarily. As soon as the newwells are function-
ing this ccmdition will be remedied.
Bills totaling $61,605.50 were approved for payment, subject to the approval
of the Finance Committee, in a motion by Councilman MacMillan, seconded by
Councilman Kabler, and upon call of roll unanimously carried.
Mr. A. L. Greenwood, Tax Assessor, submitted a request to the Council~ filed
by~ Mrs. Howar~ Buck, that she be granted an allowance for Homestead Exemption on
her 1947 taxes, as she claimed the application was not filed during the proper
time due to the serious illness and death of her husband.
After consideration by the Council no action was taken on the request, as
the Council felt it would be setting a bad precedent to allow exemptions so late
after the Tax Roll had been set up and approved.
Council then adjourned.
City Clerk
APPROVED:
Mayor