04-27-48 APRIL 27th, 19!,8
Reg~iar meeting' of the City Co~ncii of the City of De!ray Beach was held in
the Council Charabers at 7:50 P M with Mayor L H Brannon in the Chair, and City
Attorney John Moore, City Manager Charles E Black, and the fo!lowing Councilmen
present: M M DeWitt, John N Kabier and Neil'~E MacMillar~, a qmorum being present.
Mr Andrew Bloetscher, owner of Lot 1, Southways, being part of Lot 28,
Section 9, addressed the Council a follows:
,~r Mayor, Mr City Manager
Gentlemen of the Comacil
Members of the Zoning Commission
I withdraw my petition for rezoning of the South of Lot 28, Delray Beach, Florida.
Further study, plus new information and facts not previously clear to me now
convince me that any rezoning at present of Lot 28 or any p~rt thereof, also
including any and all petitions now submitted arid being considered he~. tonight,
is not for the best interest of the major~ty of proerty o~ers affected.
I believe more harm than good will result should any part of this rezoning be
adopted a present.
I see no present ~rg~nt need for this rezoning. Therefore, in raima, ss to the
objectors, if in order please allow me to make a motion that the Cou~cil reject
at this time all petitions now before them pertaining to the rezoniag of any
part of~the North Delray between the Atlantic Ocean and the Canal.
The expressed rights of the majority concerned influence this ~uest.
Thank you.
(Signed) Andrew Bloetscher"
The following recommendations for changes in zonir~ restrictions were then
presented by the City Manager, and read in full:
"April 27, 19~8
Hon Mayor and City Council
City of Delray Beach, Florida
Re: Request for rezoning from Residence "A" to
Apartment Zone the following property:
The North 1/2 of Lots 28 and 29, and all of
Lots 26 and 27 of Model Land Company's Sub-
division of Section 9, Township !~6 South,
Range !,3 East
Gentlemen:
I ]
At the public hearing ~e_d on April 23rd, to consider the above recuest
for rezoning, the Zoning Board voted unanimously to make the following
recommendation to the City Council:
164
APRIL 27th, 1948
That the North Half of Lots 28 and 29 and all of Lots 26 and 27, with the
~oicep~ion of the East 150 ft of Lot 27 and the East 150 ft of the North
Half of Lot 28, be rezoned to Apartments, in compliance with the ree~est of
the petitioners.
Respectfully,
(Signed) King S Cone
King S Cone, Chairman
NSC:AD"
"April 27, 1948
Hon Mayor and City Council
City of Delray Beach, Fla
Re: Request for rezoning from kesidence "A"
to Apartment House, Lot 1 of Southways -
Section 9-46-43.
Gentlem~n:
Inasmuch as the Petition to rezone Ocean Boulevard frontage was denied at
the Public Hearing held on April 12th, the Zoning Board recommends that the above
request for rezoming be also denied.
Resmctf~l~,
(Signed~.King S Cone
King S Cone, Chairman
NSC:AD Delray Beach Zoning Board"
"April 27, 1948
Hon Mayor and City Co~mcil
Delray Beach, Florida
Re: Request for rezoning from Apartment House
to Limited Business, the following pro?erty:
Mrs Grace Weir - Lots 56, 57, 58, 91, 92 and 9~,
Block
Mr R C Lawson -- Lots 9, lO and ll, Block 125
~J N Stevens- Lots 17 and 18, Block ll7
Mr T H Popp - Lots 44, 45 and h6, Block 125
Gentlemen:
APRIL 27th, 1948
Inasmuch as the ~elray Batio has objectionable noise and odors, and the pro-
perty ba~k of it is undesirable for either an apartment or residence, we make the
following recommendation:
That only Lots 9, 10, 11, &4, 45 and 46, Bleck 125, be rezoned to
Limited Business and that it be included in AA1 Fire Zone.
Respectfully,
(Si~ned) King S Cone
KSC:AD King S Cone, Chairman"
"April 27, 1948
Hon Mayor and City Council
City of Delray Beach, Florida
Gentlemen:
With reference to the request for rezoning of that parcel of land of North-
west 2nd Street, adjecent to the Seaboard Airline Railway, from Residence "B" to
Industrial, your Zoning Board recommeds that this request be granted.
Yours very truly,
(Signed) King S Cone
King S Cone, Chairman
AD Delray Beach Zoning Board"
Mr W J Johnston, representing the Beach Taxpayer's League, addr~.ssed the
Council asking that no decision be made on the rezoning of properties on North
Ocean Boulevard until all members of the Laague had had an opportunity to study
the question, stating that people who had bought property for homes in this
vicinity should be protected. Mr Johnston felt that if a change were made it
should only change the West 1/2 of the Lots, starting 300' west of the Boulevard,
in order to protect homes already constructed on Ocean Boulevard.
Attorney J W Nowlin addressed the Council, agreeing with the suggestion of
Mr Johnston that the Apartment District be fixed as far back from the Boulevard
as possible, or at least 150' west of the west line of the established right-of
-way line.
Mr Nowltn also recommended that the zoning be changed to a Special Hotel
and Apartmemt Zone, rather than an Apartment House Zone allows several types
of businesses that would be undesirable in this section of the Beach.
Mr Seton Lindsay, Mayor of the Town of Gulfstream, urged the Council not
to allow businesses to locate in the northern end of the City.
Mr A B Clark, a property owner in this vicinity concurred in the opinion
of Mr Nowlin that an apartment zone should be at least 150' west of the west
right-of-way line of the Boulevard, or even a greater distance, in order to
maintain a residential district between the Boulevard and the apartment district,
rather than to allow apartment structures to set back 150' and still front on
the Boulevard.
APRIL 2?th,
Mr Nowlin further recommended that the height of apartment buildings allowed
in a Special Hotel and Apartment zone be lowered for this particular section. This
suggestion was not considered favorably by the Co,mcil.
After further consideration by the Council, a motion was made by Councilman
MacNtllan, seconded by Councilman DeWitt, that the recommendation of the Zoning
Board affecting Lots 26, 27, and the North 1/2 of Lots 28 and 29, Section 9, be
approved, after being changed to read as follows:
That the North 9/2 of Lots 28 and 29 and all of Lots 26 and 27, with
the exception of the East 200' of Lot 27 and the East 200' of the
North 1/2 of Lbt 28, be rezoned as a Special Hotel and Apartment ?~
District, in compliance with the request of the petitioners.
Upon call of roll the motion carried unanimously.
A motion was then made by Counci]mmn MacMillan, seconded by Councilman
DeWitt, that the request of Nr Bloetscher that his petition asking for a change
of zoning restrictions affecting Lot l, Southways, be withdrawn, be granted, and
upon call of roll the motion carried unanimously.
Upon advice of Mr Bruce Puckett, a member of the Zoning Board, that the
request for rezoning of a parcel of land at NW 2nd Street and the Seaboard
Airline Railway from a Residence "B" Zone to an Industrial Zone had not been
considered by the Zoning Board, a :motion was made by Councilman NacNillan,
seconded by Councilman DeWitt, that this request be referred back to the Zoning
Board for consideration, and upon call of roll the motion carried unanimously.
In a motion by Councilman DeWitt, seconded by Councilman Kabler, unanimously
carried, the recommendation of the Zoning Board was approved to change the zoning
restrictions of Lots &&, &5, and 46, Block 125, from an Apartment House zone to
a Limited Business Zone, the Council not approving of the changing of restrictions
on Lots 56, 57, 58, 91, 92, and 93, Block 133, Lots 9, 10, ll, Block 125, and
Lots 17 and 18, Block ll7 as requested in the same petition.
City Manager Black advised the. Council that the widening of SE &th Avenue
between the alley and SE 1st Street, and setting back the sidewalk, utility poles
owned by the American Telephone & Telegraph Co., and used ~a~ntly by the Southern
Bell Telephone and Telegraph Company and the Florida Power and Light Company,
would be over 5' from the curb line in the street right-of-way.
Mr Black stated that both Companies have plans for changing their lines,
putting cables undergromnd, and had asked that an extension of time be granted t o
move their poles from the street right-of-way back in the alley. He recommended
that for the time being, if the poles are allowed to remain in the Street, that the
Street marked for diagonal parking, and that the. Utilit~eCompanies be reeuired to
put up suitable guards to make the poles visible day and night.
Mr J A Greene, Distribution Plant Superintendent of the American Telephone
and Telegraph Company explained to the Council that they were planning on the
installation of a dial system in the City, and hope to move the poles during the
summer, but asked that they be allowed to leave the poles in the street for the
present, stating that all precautions would be taken by marking the poles to avoid
any danger. He further stated that if they were compelled to move the poles back
against the curb they would do so.
City Nanager Black then recommended that the Utility Companies be granted
this extension of time with the provision that the City assume, no responsibility
for damages due to the position of the poles in the Street.
APRIL 27th, 1948
After discussion by the Council action was deferred to allow time for more
study of the recuest, to be reconsidered at the next meeting of the Council.
City Manager Black advised the Co~cil that he had received two bids in
response to invitation for bids on the purchase of a 60,000 gallon water tank,
as follows:
"City of Delray
Bid for Brown Tank Co - $ 1,250.00 (One Thousand Two Huhdred and Fifty Dollars)
and request of 90 days to dismantle.
(Signed) C S Reese"
"April 26, 1948
City of Delray Beach '
Delray Beach, Florida
Attention: Mr C E Black, City Manager
We agree to pay you for your 60,000 gallon elevated tank located in Delray
Beach, Florida, in accordance with your Notice of Sale the Total Sum of
TWO THOUSAND ONE HUNDRED NINETY EIC~T DOLLARS & FIFTY CENTS ($2,198.50).
If we are the successful bidder, we will furnish you our insurance certificate
foz- Contractors Public Liability and ~orkmen's Compensation in the amount of
$50,000 - $100,000 and $25,000 Property Damage.
We thank you for the invitation to bid on this tank.
Yours very truly,
W~W:mj (Signed) W M Whitmire"
Eric:
A motion was made by Councilman MacMillan, seconded by Councilman Kabler,
that the high bid of ,~hitmire Tank Company in the amount of $ 2,198.50 be accepted.
When questioned by Councilman DeWitt as to whether the tank could ever be
of use to the City, the City Manager advised that it has not been~in operation
for a long time, and would reouire painting and other maintenance immediately.
Mr Black also stated that fire and emergency pumps will tie into the regular
mains and system.
Upon call of roll the foregoing motion carried unanimously.
A request for tentative approval of a building permit, filed by Mr James
A Blake, to construct two duplex efficiency apartments on the rear of Lots 4 and
6, Block 11, 0~eola Park, was presented by the City Manager, who stated that
Mr Blake operates a restaurant located on Lot 5. The building would be of con-
crete block stucco construction and would not be comnected by a driveway.
APRIL 27th, 1948
It was the consensus of opinion of the Council that Mr Blake might intend
to construct additional small buildings on the same lots in the future, which
would resemble a Tourist Court, which the Cduncil would not approve, and the
Building Inspector was requested to ask Nr Blake to reconsider his plans, to
construct one larger building, or to arrange his buildings in some way that
would not resemble a Court.
A letter from the Golf Committee was pressnted, and read as follows:
"April 27, 1948
City Council
Delray Beach, Florida
Gentlemen:
At a meeting of the Golf Committee held April 20, 1948, Mr Cleo Johnson was
hire~ as Greenskeeper by said Committee at a starting salary of $200.00 per month
with the understanding that Mr Johnson is to have a raise in salary at the end
of six months.
We, the Committee, ask the City Council to cooperate with the Golf Committee
in approving this porposition.
The Golf Committee also asks the approval of the City Council in lowering
green fees and membership dues for five months beginning May 1. The summer
rates to go into effect would be as follows: Green Fees - $ 1.O0 per day;
Family Membership - $40.00 (for five months); Single Nambership - $25.00 (5 months).
We appreciate your cooperation in these matters.
Sincerely yours,
GOLF CO~ITTEE
(Signed) F B McNeece, Chairman-
As the Council was not familiar with the status of the present Golf Club
Manager is also Greenskeeper, action was deferred, and the Clerk instructed to
ask the Golf Committee to meet jointly with the Council before Nay 1st, to go
further into the matter.
City Attorney Moore advised the Council that the Florida East Coast Railway
Company, throught their Attorney, had requested an opportunity of appearing before
the Council before condemnation proceedings are started to open the NE 1st Street
crossing to traffic.
A motion was made by Councilman Kabler, seconded by Councilman DeWitt, that
representatives of the railroad be heard on any Tuesday night within the next three
weeks, and upon call of roll the motion carried unanimously.
Mayor Brannon stated that he had received a complaint from Postmaster LeRoy
Diggans with reference to the ma~ing of parking areas in front of the Post Office
building, stating that cars could not tell where they were supposed to park. The
City Manager agreed to have' the parking spaces marked immediately.
APRIL 27, lq48
~ letter from the ~]_ray Reach Property Owners Orotective Association,
Inc., was presented, and read as follows:
"April 24, 194~
Honorable ~,[ayor ~- CiLy Comncil
City of Oe!ray ~each
Cigy Hall
De].ray Beach, Florida
~ nttese ~:
At the reg~ar r~eting of the qoard of Directors of ~.he Deiray ~each
Owners Protective ~sociation held oa April 20th~ the ~de!'sig~%ed ~;as instruct~d
to ¥;rlte a letter to the Co~cil su~.9]est~ng that a Zoning a~d P!a~ninE Board~
composed of s<~ven (7) mer~bers instead of five (~)~ be established: and further
that the whole matter of rezoaing be given careful study b~fore any over-all
rezoning is attempted. Smch an ~de?taking obviously ]"eq~res the anrvices
of a pe~son %~ained in sdch matte~s~ and th~ Board suggests that it might
be advisable to consult a Zoning Expert ~ith th~ view of taking up the matter
i~ its entirety.
(Signed) C. ?'~. Garn~r
Pre sida nt"
~c Clerk was instructed to acknowledge 6he letter, and ~nvite a re-
presentative to appear before the Co,~cil 6o explain ia m~ detaJ.! just what
they have in mind.
City ~,,~anager Black advised the Cou,'~cil %bat thc sunply of 5/8" and
water meters had been e~lausted, and aske~] authorizatio~ 6o order 1~ meters,
50 %o be shipped i~ediately~ and 50 in about four mo~lths~ at an approximate
p~'ice of ~ 18.00 each, sta-}ing that the money is available in the ~.~ater Revenue
Account, and the meters wi~ finally pay for themselves %hrot~h tapoing charges.
I motion %'~as made by Cornelian ~ab!er~ seconded by Co~nc!!msn De~;i~t %hat
%bis p~chase be made in ac~ordance ~ith reco~-Dndation of ,~r. P!ack, ~nd
call of roll the motion ca'~?i~?d ,lnani~aously.
I6 was suggested by the City !,~a~ager that the~'funds received from the ss!e
of the old '~ateITM storage tank be set aside to be used to~al'd the cost of
constructing .a s~aall building at t~ water olan% for hous~g the ch!op~aating
e~pment and test set~ and as a %¥o~-k shop for repaid'lng ~%ers, etc. ~
est~ted the cost of such a building wo,~d be about ~ 4,000.00. 51o action
was tsken b>~ the Council.
In a~ motion made by Co~ci~an De~fitt~ seconded by Co~ci!?asn Uacl{i!].sn,
unanimously car,'led, a list of City owned oropert~es, selected bi the Co~cil
to be considered for sale~ was turned over 6o the Cit3~ Attorney for verification
of the title, and to dete~min the best ~thod of disposal of the properties
m-~der the provisio~'~s of the City Charter.
April 27,
Two appraisals received from Real Estate ~r~.kers, on Lots ! - 6,
~nc!usive, Block 51, owned by ~ei! E. and Hugh E. Mac¥i!!an, and the ......
~F,Fest 1/2 of Lot 13 and a!! of Lot 14 Jess the "'. 17', V~sta Del ~Tar.
Subdivision: owned by the City of Deiray Beach, were read as follows:
"April 23~ 191~8
Mr. Charles E. B!ack~ City ~,$anager
Delray Beach
Florida
D~ar ~.,~r. BlacK:
I have your lc~tter of April 19 in regard to th appraisal of lots
in Block 51 and in Vista Del Mar subdivision.
In ~gard to Block 51, will state that we have not sold any property
in that section in recent years and it would be somewhat difficult to
place a value on this property. ~e lots in question are in what might
be termed "no ~n's land" anc] are on %~ border l~.na of the nngro section
of town. I% would be a~ost impossLble to sell them to whites a~d they
also are not open for sale to negros. Under the circ~staaces
~ 2.00 per front foot would perhsps be a fair value for the lots. If they
were one block further was% they.. ~. would be worth aons~derablv~ _ ~ more money.
In re~ard_ to the .portion of Lots !3 and 1~-~ in Vista Del ~ar subd.._v].s~ ' ~ on,
will state that this is an excellent location, but c],~e to the depth of th~
lots east and west being very shallow there would be very little room for
bui!dfng after the re~red set-backs we~ considered. We believe if the
property could ~ sold at a figure of between ~750 and ~1,000 that wo~d
be approximately the ~xim~ that co,~d be secured at the p~sent time.
Yours very truly,
(Signed) Frank P. Cracey
(Typed) Frank P. Grace?
FPG: fr
"&pti! 26, 1948
City of Delray Beach
Delray Beach, Florida
Attention: ~. Charles E. Black, City Manager
In accordance with your request of April 19th, we submit the following
appraisals on the two items of property:
Item H1 Lots 1 to 6, Block 51, City of De!ray Beach a tots! valeu
of
Item .Y2 The west bslf of Lot 13 and s~ of lot lA less the west 17 feet, in Vista Del Mar Subdivision:
It is very difficult to give an appraisal on this piece of prope~"ty
APRIL 27, 1948
due to the fact that it would only be of use to adjoining property~owners,
as there is not sufficient land to bu.z~,_d a house of Class "A" caliber on
same. ?~fe, therefore, aporaise this piece of pronerty at ~1,600.
Yours very truly,
~'OM~GO~RY ~ ADAM£
By: (Signed) K. R. Montgomery"
KF~,~: n
City ~.anager Black also filed a statement of delin~-uent taxes and
improvement liens against Lots 1, 4, 5 and 6~ Block 51, which would have
to be considered] in making a trade for other !~roperty.
As there was such a difference between the two appraisals, it was
~c~ded that the property owned by the City in Vista Del ~,'ar Subdivision
should be included in the list of properties to be offered for sale by the
City, and in the event a fair orice~ was /'ec¥~ived for these lots, the ]._o~s*
owned by l{r. lfacMillan in Block 51 could be purchased~ as it was the
consensus of opinion of the ~ouncil that these lots should be made par+, of
the Memorial Athletic Field.
A motion was then made by Councilman Kabler, seconded by Councilman
DeWitt, that the Realty Board be requested to make an aporaisal of lDts 1
to 6, inclusive in Block 5!, in an effort to ar ire at a reasonable value
of this property. Upon call of roll the-motion carried unanimously.
City Manager Black advised the Council that a short course for City
Managers would be given at the University of Florida on %_{ay 20 - 22, and
asking the Coua~t's opinion on his attending %his Course.
The Council felt that as much can be gained from lectures and discussions
durin~ these, Courses, 5~r. Black should be given the opportunity to attend,
and in a motion by Councilman De!~7itt, seconded by Councilman Mactfillar~ the
City ~anager was authorized to register for the Course, and ~ 50.00 was
appropriated for his expenses. '
A letter from ~tThe Naciremas Club", operating the ~egro Community
Center was p~sented and read as follows:
"The ~aciremas C!~b
Post Office Box 106~
Delray Beach, Florida
April 21, !97~8
The City Council
Delray Beach, Florida
Sirs:
For the past year the Naci~?emas Club, acting as trustee for the comm,iaity,
has purchased the furnishings ~'frOm 6he ~0 and has 6perated the Atlantic
Avenue I~O as a Come,Laity Center for Negroes.
In order to insure its operation for a year, as well as purchase the furnishinfs:
this club has conm~cted a city-wide financial drive, has had benefit affairs
A~RIL 2?,
and has made personal donations. Thirteen members of the club have made
personal loans ranging from fifty to one h,mnd~md dollars in order that
the furnishings could be ~urchased.
Even when these a~ ~aid, the club will be able. to o~erate the Center
for the ~ar ending A~rit !5, 19~.R, as 0!armed. nut it is th~ desi~
of the club to continue the operation of the Center, as it is felt that
the good which has c~ more than justifies and warrants its continuation.
~e feel that such a program, as is attem~ted by us~ makes for imoroved
citiz~nshi~ and allows the youths and grown-ups an opportu~ity for whole-
some social and civic ~mcreation.
At present we are in the midst of another financial effort, the purpose
of which is to renew our lease on the Center itself, pr~ide additional
facilities for e~ui~ment and program and to insure the continued services
of a ~aid worker ~o will suoervise, mlan and execute a worthwhile pro-
gram at the Center. To do this, tha Comittee on M~nagement, composed
of members of this and other leadir~ co~m-~,ity agencies has conservatively
esthete the cost for such at ~3300. ~is amount will ~ver only the
skeletal operation as cont~nuc~d effort will be made to augment these sar-
vices.
Because of such a growing need for such a ~rogram a~mng Negroes here,
because we' know you realize and appreciat~~ the responsibility entailed
in car~?!ng on smch a program and because we know of your inte~st
the co, rig welfa~'e of all the citizens of Delray Beach, we are asking
your consideration in raking your bu.d~et for this worthwhile ~rogram,
and accordingly sub~tting an estimated b~aget for your approval and
action for the next fiscal year~
Respectfully yours,
The ~anagement Coamittee
(Signed) S._ D. Spad~;, Chairman (~i~ned~.. o Lea l~onr~e.
Principal of Ca,er High Scheol President of Negro Civic ~ague
(Signed) C, Spencer ~om~ey (Signed) Rev. L. S. Johnson
President ~acir~mas Club ~rin~ sterial Alliance
(Signed) Wm. Roblns~r~ (Signed) Francis Bright
Chairman Comunity Recreational'Service President Woman' ~ Club
(Signed) ~,att'e ~,.iatthawson .~ongned) Vir~ie L. Nelson
Directress Atlantic Ave. Corn.miry Cer~ter Secretary Parent Teacher !ssocint[on
~Signed] O. F. Yomgblood (Signed) Lynn Brunner,
President Negro Voters League Business Y~nager, Bacuren~s
Chairman Finance Co~:mittee"
The Clerk was ins!ructed to re:~uest +2m Na~iremas Club, as well as the
newl;f formed Recreation Association to furnish information as to d~.fferent
organizations now fmnctior~ing thnt will be included in their budget, and a
specific budget of their new, ds for thc ne?~t fi'~:cal year, in order that
definite amount may be provided by the City in ~t's operating b~dget for
Upon motion of Comncilman. Dewitt, seconded by Councit~an Yabler,
unamimousl? carried, the City ~.,~ana~-e,r was instructed %o discuss the
raisin~ of rates charged at the ~unic~na]. Po!l with ~'r. Dsv~_d ~q~t~s,
T'~ Beach beautification program was then brought nD for consideration,
in ~ne w~t~ ~-
o~o.~s and sug--?st~ons ~reseatod to tba Cour~cil b~- a
fro~,~ tho Ki~anls Club at a recent
Co~%di~san DeWiLt i~formed the Council that ~e had heard ourse a little
opposition to %h~ o!an of raising the money for this Droject by a~'~
~i~tenance charge bei~g put on water bills, atari_rig that two C~vic organizat-
ions we~e r~o% ~animous!y ~o favor of this method.
Comaci~an Kab!er stated that Lbere were only two a!ternat]w'~s - !o add
a ma!nter~anae char~? on water bi!!s~ or to issue bonds after spr~rova! by a
special elec%~ on.
~.~ ..or Braan-~n then stated %bat the ad~Jitiona! charge on waLer
se~'med to be th~ only fesibi.:~ ?!a~ ~it~,out goi~]g into debt, sad in this
way the work co~_d ba carried on ss ~ast as the money was avai!sble. I6 was
estimated by the ~fiwanis Club Com~.ttee t~at approximata!y ~ 21,000.00 co,~!d
be raised over a period of six mor~ths, which wo~i~] fina~c~ the major
of ~J~eir beautiflca~o~ ~rogram.
Com~,ci~an DeCal'itt raised the ooin% thaL if the colored people ware
renuired to ~qe!p finance this project they might de,~a~d s port, on ~f 6he Beach
for thei~ use.
After thorough consi~]eratior, b?' the Council, a motion was made by Co[mci~.an
Kabler, seconded by Counci~an }~{acMi!lan, that %he City At!orn~'? be instructed
to ~>raparc an Ordinance to ba ad,',pted by the Council as an emergency m~asur~,
putting a charge of ~ 2.00 per month on each water bill, excepting the area
thc colored section to be designaLed by the Building Inspector, for ~ period
of six months, the money to be set aside in a seperate fund to be used for
repairing s~,orm damage on the Ocean Boulevard and Beach~ in accordance with a
plan submitted by the Kiwanis Club st~bject to the approval of the City
Upon call of roll the motion carried ~kna~'~imously.
The press was requested to stress the fact that this wa~ 6he on]~?
of obtaining f~a~ds for beautifying the Beach before the next tourist season.
& letter from the De!ray Beach Csrden Club was submittr, d by Coanci~an
Kab!er, pertaining to the beautiflcatior, of certain areas throughout the town.
~e letter was read in full as follows.
"April 22, 19L~
Mr. John Kabler
Delray Beach Real Estate Board
De!ray Beach, Florida
Dear ~f~-. Kab!er:
As C~airman of the 2aactlficat~_on Committee of the D~!ray Be~eh Gar~en
Club, I am listing below the sections of t~'n that we think should be ~mo~'oved.
~,~e have made this list with the help of Yike Blank. He h~s given approximate
APRIL 27,
, e×tim~tes and these e~timates are for exact replacements.
1 - Landscaping of Beach
2 - Help Delray _qaach Garden Club in maJ.nte.~]ance of F. E. C.
Rail road projects.
5 - Annual clean up week at beginni_~ of tourist
advertised so that empty lots will be cleared.
g - East Atlantic Avenue -
1 Royal Pa~ ~ 65.00
40 Hibiscus 200.00
5 - B ridge approach on East side - labor
to tr~m and clean ~p 25.20
s~ot sod with bitter root grass 15.00
~actor aa,-] operatsr to level and grade 10.00
Ton soil 11.25
6 - Triangle at ~.~arine ",~ay - City Dock
2 Carissa, replacement anti socJding .75.00
7 - ~.~ari~-~e Way
7 Royal ~s~s %o rep!ace hurricane
damages ~ ~ 65.00
Raa~ova st~p and reset 3 trees 150.00
8 - Cleaning up arid spraying trees on
~. E. 2nd and let Streets
9 - Entrance and exit to City
Landscape and s~ns 3~.00
10- R~placing sh~.~]bbery and clean[;ag
up island at Vista Del Mar
~ - Clearing lots co ~ndrews Avenue ~ezt
to Waters Apar%~ents
!2 - Ask County to fi~ t~p school grounds
13 - Del Ida Park circle at 5th St.
Or'ada~ level, fur~nish ton soil, spot
sod, furnish an~ plant 3 coco~-,ut
ha!ms ~06. P 5
!4 - ~adscape Gladioli Bowl
15 - Landscape 2th Stree. t Bridge when
built.
ReaDy'ct f,~lly submitte5
($ig~ad) Ellen ~fcC. Bakewell
Chairman of t~a Beautification
Committee"
'.~ motio~ was then ms~e by Councilman Yabler~ seconded by Councilman
De¥[itt~ that fha letter be filed for future refe~ace, and that the Garden
Cl~lb be notified that their thought an5 study are appreciated by the City
Council.
~e frei_].owing five Resolutions accepting the West rig~,-of-way of
the West bo~da~7 line of the Ocean 2oulevard, were then presented aa5
read, as follows:
~nRIL 27~.
CITY OF ~E!RAY B~JAC.. FLORIDA
~.,ooL lilO~, WO 663
~ t'T t
A ~.~OL; .I0~ OF T~ ,,.!~ COUMC~L OP ~ITY OF DET.,~A7 BEACH, FLORIDA,
"n ~'~ ~- ~ A~ ~ ~O~,~!NG
LOC~TT ,.~ ~'E ~tT ~I,,~, ..... OF WAY LINE OF THE O~.~,h BOULEV~P~:
ANY PO~TYO? OF ~HE OCEAN BO~VA~D L~ENG ~'~T THE~OF A~ ~ ~
THE CONS~UCTION OF ~maT t
N-IE~AS~ for many ~zc=al, s there has been considerable ,mcertai,lty as to
the exact location of the west right-of-way line of t~e Ocean Road, also
known as the Ocean Boulevard, i~ the fractional East half of Secth~n 16,
Township 46 South, Range 43 Yast~ as per plat thereof fi!~d in Plat Book 1,
oage 25 of the ~ouol~c records of Pa~ Beach County, Florida
~e.,~, a ]~ne to serve in tea" ~]ace, _ of thc: west bo~mda~~ line of qbe
Ocean Boulevard in Fractional Section 16~ mownsLip 4.2 South, ~ange 7-~3 East
and co~on!y known as the Brockway Survey Line has heretofore been establ~.shed
according to plat thereof on file in Plat Book 20 at page g of the public
records or ~aim ~ean~ Com~vy, Florida, which line has b.~en used for building
and zoning Dur~oses as the west ]_ine of the Ocean Bo,~evard, and
W~WEl"~.~ ~ , the City of Del?a>' Beach .now desires 6o proceed with certain
~+~e .. th~ Ocean Bo,~evard
....... t repairs and new street ' ' ~:idewa!k construction on
~ ~ ' e ~' rlgat-of-wav
and desires to ~ef~nzt~ly establish ,me location of the West ~' '
line of such Ocea~ Bou]mvard before ......
:~=,; ~,~.,= by tho City Co~r~cil of the City of De!ray
Beaeh~ as follows:
~ ~.- ~n hereby accepts arid desigqates
SECTION I~ That the City of ~,elr.j; Bean'
the above described line known as the ~roc~vay Su~wey line as shown on that
certain olat on file in Plat Book 20 at p~ge 7.:. of ~hn Public Reco~s of
Palm Beach County~ Florida~ as b-lng the west r~ht-of-way line of the Ocean
Road or Ocean Bo~evard ns ahown oq th~: plat of the fractional East half of
Section 16~ Township ~6 South: ~
~ ~,an=e ~3 East~ recorded in Plat ~ook 1, at
page 25 of the Public P.-scol'd::. of Palm Beach Couaty: Florida, ~_nsof;~' as the
same affects the property hereinafter describgd.
$b~TI~ ~, 2~ That the City of Del_ray Beach hereby aband:>~s ~nd vacates
all of that portion of the Ocean Road or Ocean Bo~evard ss per plat recorded
in Plat Book ! at page 25 of 5h¢ public records of Palm Beach. Co~mty, Florida~
located in %h~ hereinafter describ=d property 3nd lying west of 6he~ Broc~
Su~ey Line as shc~n in the plat therefor recorded in Plat ~ook 20 at page
~ of the public records of ?a~l~ Beach C~',~%2:
SECTION 5. That in consideraL!on of the reli~qu~_sbment of the adjacent
property own,~:}' of all claims to any of the hereinafter desclibed property
e]'ib,o~ ~ne City of Dell'ay
located East of the Broc]c~ay S~'vcy Line as above des ' ~
~each will make ~:~ special ass~--:~sments rot benef].ts against .::aid adjacent
pPoperty for %be proposed PepaiP, if~prow~ment arid constru~:.tion work
during th~ years 19A7 and
SECTION 4. This Resolution sbail beCome~eff~:ctive upon the proper
acceptance thereof by the owner of the hereinafter, described property~
acceptar~ce sha!], be signified by th,~- exe~'~tlon of the attached consent ~nd
r~] ease.
:~?RIL 27, 1%8
SECTION 5. The property affected by this Resolution is:
S 66.5h' of lot 2 and E 35' of lot 3 Nassau Park
S 2!.~5' of lot 1 and N 27.86' of lot 2 Nassau Park
PASSED in Regular Sessio~ on this the 27th day of .~pril, !9h7
(Signed) L. H..Brannon
President, City Council.
Approved:
(Signed) L. H. BrannOn
Mayor
A TT~S T:
(Signed) Ruth R. Smith
City Clerk
SEAL"
For and ~ consider~tioa of the aba~-~do~% by the City of Delray Beach~ ~
of that property described in Section 2 of the foregoing R~solutioa and in
further consideration of the agree~nt of the City of Delray Beach ~o make
ao special assessments for benefits aga~.nst the above described Droperty for
street improvement work on the Ocean Bo~evard during the !947-!94~ cor~struct-
ion program, the ~dersigned owners hereby accept the above Resolution and
hereby remJ_se, release arid ~mit-claim to the-City of Delray Beach, Florida
for use as a public street and sidewalk all of that portion oF the above
described Broperty as set out in Section 5 of this Resolution, which may be
located east of the Brockway Surw~y Line as shown in Plat Book 20, page h
of the pub]_ic records of Pa~ Beach County, Florida.
WI~SSES:
(Signed) Florence B Epler (Signed) Howard W. Cherry
Widower
(Signed) Ralph R. Epler (SEAL)
S Y;~TE OF. FLORIDA
COUNTY OF PALM BEACH
I HEREBY CERmIPY that on this day before me ~ersonal!y appeared
Howard H. Cherry to me kno~m to be the n~rsor,~:~ described in arid ~ho
executed the foregoing instrument and they acknowledged before ~o that
they executed the same.
WI~S %v hand and official saai at De!ray Beach, Florida on this
the 15th day of Yarch, 19h8.
(Signed) Wi~ian Harvel
Notary Public
Notary Public, State of Florida
at large.
}fy commission expires January 21,
1952. Bonded by American Surety
Co. of ~'. Y."
~,PRIL 2?, 1948
"CITY OF DELR~,Y BE^CH. FLORIDA
RESOLUTION NO 66J~.
(For items thro,~gh Section ;_!. - see Resol,ltion ~To.~ 663)
SECTION 5. 2~ne property affected by this Resolution is:
Ail of Beach Lot 30 in Fractional Section 16, Township 46
South, Range 43 East, Delray Beach, Palm Beach Comnty, Florida.
PASSED in Regu].ar Session on this the 27th day of April 1947.
(Signed) L. H. Brar~non
President, City
^ pprove d
ATTEST:
(Signed) L. H. Brannon
(Signed) Ruth R Smith Mayor
City Clerk
For and in consideration of the abandoment by the City of Delray B~,ach of
that property described in Section 2 of the foregoing Resolution and in further
consideration oD .the agreement of the City of Pal. ray Beach to make no special
assessments for benefits against the above described property for street im-
provement work on the Ocean Boulevard during the 1947-1948 construction program,
'the undersigned owners hereby accept the above Resolution and here. by remiss':,
release and o~it-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 ir, Section 5 of this Resol,ition, which may be located east of the Browkway
Survey Line as shown in Plat Book 20, page 4 of the public re~.or~s of Palm Beach
County, Florida.
WITNESSES:
(Signed) ~!ilson P. Patkso Jr. (Signed) Greenbow .Waury Jr
(Sial, ed) Louise S. ~'a~'y (S~^L)
STATE OF Virginia
CITY OF Richmond
I HEREBY CERTIFY that on this day beeore me personally appea~md Greenbow
and Louise S. Maury to me known to b~ the~per~ons described in and who executed
the foregoing instrument and they ack_~ow!edged the foregoing instrument and
they acknowledged before ~ that they executed the same.
WITNESS ~,~ hand and official seal at __on this the 16th day of
De cembe r 1947.
(SiEned) ~anc? ~?. Parker
Notary Public
My Coamis&ion expires: April 21,195].
APRIL 27, 1948
"CITY OF DELR~Y BE.~CH, FLORIDA
RESOLUTIOI~ NO 665
(For items through l~ see Resolution No. 663t
SECTION 5. The property affected by this Resolution is:
Ocean Beach Lots "Worth": South one-half of Ocean Beach Lot 13,
in Fractional Section 16, Township 46 South, Range 43 East, De!ray Beach,
Palm Beach Coumty, Florida.
PASSED in Regular Session on this the 27th day of April, 1947.
ATTEST (Signed) L. H. Brannon
President, City Coumcil.
(Signed) Ruth R. S~ith
City Clerk Approved
$E~L (Signed) L. H. Brannon
.Mayor.
For and in consideration of the abandoment by the City of Delray Beaah
of that property described in Section 2 of the foregoing Resolute.on and
in f~rther consideration of the agreement of the City of Delray Beach to
make no special assessments for benefits against the above described property
for street improv~nt work on the Ocean Boulevard duri.~ the
construction program, the ~dersigned owners hereby accept the anov~ Re-
solution and hereby revise, release and ~utt-c!aim to the City of De!ray 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
~y be located east of the Brockway Survey Line as shown in Plat Book 20~
Page & of the pubic records of Pa~ Beach Co~ty~ Florida.
WIT~S~:
(~igned) ~orge W. Talbor Jr (S~gned.) Dorothy G, ..Talbot (SEAL)
.[Signed) Wilbur E. Cook (Signed) ~orge W. Talpat' ~SEAL)
(Signed) Sarah R. Schio]_l
STA~ OF FLORIDA
CO~TY OF PA~ BEACH
I HE,BY C~T~Y that on +~is day before me oersona~y .appea~d ~orge
W. Talbot, Jr. and Dorothy C. Talbot, his wife, to ~ kno~ to be the persons
described in and who excuted the forgoing instrument and they acknowledged
before me that they executed the same.
WIT,S ~ hand snd official sea]_ at West Pa~ Beach on this the !lth
day of February, !9~.
(ai~ned)Wilbur E. Cook Notary Public
5{y commission expires: Nov. 12,!%2
Bonded by American Surety Co. of N. Y.
APRIL 27, 1948
"CITY OF DELR~Y BwAC~, FLORIDA
RESOLUTIO~ NO. 666
(For items through Section & - see Resolution ~'.,To. 663)
SECTION 5. The property a~°fect~,d by this Resolution is:
All of Beach Lot 30 in Fractional Section 16, Township 46
South~ Rang~ 43 East~ D~!ray Beach, Palm Beach Comnty, Florida.
P~SS~ in Regular Session on this the ?7th day of April, 19~g.
ATTEST (Signed) L. H. Brannon
President, City Cottncil.
(~igned) . Ruth R. Smith
City Clerk Approved:
(Si~7ied) L. H. Bra~lon
Ma 7o r
For and in oonsideration of the aban¢]oment by th~ City of De!ray Beach of
that property described in Section 2 of the foregoing Resolution and in further
consideration of the agreement of the City of De!ray Beach to make no special
assessments for benefits against the above described property for street imnrove-
ment ~.~ork one the Ocean Boulevar¢] during the 19;~7-1948 construction program,
undersigned owners hereby accept the above Rqsolution and hereby remise, release
and quit-claim to the City of Delray Beach, Florida~ for use as s public street
and sidewalk all of that portion of the above described property as :~et out in
Section 5 of this Resolution, which may be located east of the Brocl~ay Survey
Line as shown in Plat Book 20, page L of-the public records of ~alm Beach Couanty,
Florida.
%~I~tE$ SES:
(,.Signed) H. Ren Adams (Signed) J. H. Ru~in
(Signed) K R;. l~ontgomery (S~.g .ned) Laura V. Ruff in [SEAL)
STAtuE OF FLORIDA
COUITTY Ow P,~L~:? BEACH
I HEREBY CE~T!FY that on tb~s day before me personally appeared J. ~.
Ruffin and ~ura V. R~fin %o me known to be ~he p~rsons descr~.bed
who executed the fo~oir:g instrument and they acknowledged before ma that
qb, a}- executed %he same.
~!TA~S my hand and official :~eal at De!ray Beach on this the 17th
day of Anril~ 194~
Notary Public
My coa~ission exnires:
Jm!y 27, 1951
SE~L"
~PRIL 27,
"CITY OF DE!~Y BE~r,t', FLORIDA
P~SOLUTY'%~ NO. 667
(For items thro ?" ~ see Resolution No. 66~)
SECTION 5. ~e property affected by ~is Resolution is:
South 75 feet of the North lO0 feet of Beach Lot 2;~ in Fractional
Sec~ion 16: Town, ship &6 South~ Range 4~3 East, DeLmy Beach, Palm Beach
Co~mty.
P~SED in Reg~ar Session on this the 27%h dsy of April, 191~7.
(Signed)..L.H. Brannon
Presidea%, City
A T~S T App rove d
(Signed) ~uth R. S~,%h (Signed) L. H. Brar~non
City Clerk Mayor
SEAL"
For and in consideration of the abandom~nt by the City of De!ray ~each
of that property desc~-ibed iq Section 2 of the for~,go[ng Res,o!ut.~on a~nd
further consideration ~ %he~ ,~gr~emen% of qhe City of Qelrsy B~.acl~ %o make
not special assasar~n~,s f~,~" benefits a~mins%, 5he. _. above me,:' ~'cr[bed nroperti
for street improvement work on the Ocean Boulevard durir~ the !947-19~
construction program, the madersigaed owners hereby accept the above
solution and helmby ~mise, ~lease snd q~q-c].a!m to t~e Ciqy of De~ay
Beach, Florida: for use as a public street snd sidewalk all of tha% portion
of the above: described property as set out in Section 5 of qhis Resolution,
which may be located east of ~he BrocL~vay Survey Line as shown in Plat
Book 20, page ~4 of the nublic records of Pa~ Beach Cou~'~t, Florida. If the
proposed improvemonts have not been co~D!eted during the years 1947-!9~.8, no
assessments m-ill be made against this property in case ~hey are made in later
years.
~.rITN~S
(Signed) A. Deaderick (Signed) Lucf.!e M. Evans (SE~L)
STA~ OF FLORIDA
COUNTY OF PA~ BEACH
I HE~Y ~RTIFY that on ~hf.s day bafore me personally a~pearnd J. B.
Evn~s and Luci.!e ~.~. Evans: his ¥~ife, ~o me known to be the persons
describ~d in and who executed the foregoing ins~ru~ent and ~hey ack~ow!~dged
before me that they executed the same.
¥?ITN~S ~' hand and official seal at De!ray Beach, F!orida~ on ~.;his
the 5th day of l{arch~ !9~8.
(Signed) ~lice Deaderiek
Notary Public
Uy co~%ssion espires Auri! 29,1951
APRIL ??,
Upon motion of CounciL:tan DeTitt, seconded by Cotmci!m~n ?,'acMi~an~
unanimously carried, the five for~oi.~ Resolutions ?Io'.~. 663 - 667, ~nc!us]ve,
were adoped as read.
The following Ordinance was than brought up for sacond and final, read[ng~
and same was read in full:
ORDIN.~NCE NO.
AN ORD.,lANCE OF ~{E CITY COUNCIL OF ~E CITY
OF DE~.AY BEACW, FLORIDA, ~ZONING ~f~T .~r~NT!C
A~N~ FROM S?(I}ITON .l~gNI~ TO ~{F SEiBO~PK
LI}~ R~ILW~Y, 173 FEET NOR~ OF THE CEN~R LIi~
OF ~w ...... ~L!~IC I~L~ and 173 =~VT~.~ oea~.~,
CEN~'~'. LI~ OF !~ST .tT~NTIC i~, TO ~ SPECIIL
B~I~S ZOLa; p~O~rTnT~,~=. ~.,.., CERTAIN FRONT
SE~ACKS FOR BUILDINGS A~D S~f~LYS, O~D TI~
OF SUCH
A ~otion was ma~e by Cornel!man DeWitt, seconded by Councilman Macl{i!!an,
that the fora,going Ordiaance No. g-/4& be passed and adopted as read, and upon
ostl of roll the motion carried unanimously.
Aa ordinance to reg~ate the appearance, ca public streets of persons
dressed only in bathi~ suits was brm~ht up for second and final reading~
and read in full ss follows:
ORDIN~,N~ NO. G-45
~N ORDIN,'~NCE OF ~E CITY CO~CIL OF ~ CITY
OF DE~Y BEACH, FLORIDA, FROH~IT!?fG ~E APPEAP~NCE
ON ~E P~LIC S~gEE~, SID~,V~LKS ,~D AL~ OF ~T
PORTION OF ~!E CITY OF Dg~AY 2EACH, FL)RIDA LYING
'~T OF OCEAN BOI~EVA~ OF ANY PE~ON O~R THE ~GE
OF ~:'~L~ ~A~, CL~D IN ~. B~.~ING SUIT OR
U~ESS SUCH PERSON ~H~LL A~O ~,~R ADr'ITIOk!~L CLOTHING,
~ ~ROV~INC ~ PENALTY FOR THE VIOLATION CT THIS
O~BINA~.
Upon motion of Couaci~n 3fac}fi!lan~ seconded by Counei~sn Kabler,
~aa~ously car?ied, the foregoing Ordiaaqc~ No. g-45 was passed and adopted
as read.
~e following Ordinance, adopting a zoning map for the City of Delray
Beach, was then brought up for secend and final ~ading, and same was read
in full:
O~INANCE NO. G-46
~N ORD!NINgE OF T~ ~I~Y COme. IL OF T~ CITY OF
DELR~.Y BEACH ~ PLICING A~L PROPERTY ~ ~ CITY
OF DELRIY BEACH~ wLORIDA, ~ ~ %ESPECT~rE
DIS~IC~ AS I~I2A~D OM S~.ID ~.~P ~ PROV~ING FOR
~gTHOD OF CHANGING SUCH ZO~'~ING DIS~.IC~; l}~ ~PE.~LING
~ILL CO~LICT!Ng O~ANC~.
~poa motion of Councilmaa DeWitt, seconded by Co~nci~an ~abler, unanimously
APRIL 27, 1948
carried, the foregoing Ord~.nance No. G-g6 was passed and adooted as read.
An Ordinance requiring the registration, photographing and finger-
printing of certain public employees was brought up for second and final
reading, and same was read in full as follows:
ORDI,~TANCE MO G-47
AN O~DIN&NCE OF ~ CITY OF DE~Av BEACH, F~RIDA,
PROVID~G WOR THE ~G!S~TION, PHO~GRa~HING A~
FIN~RPRINmINC OF ALL ~~ IN SA~ CITY AT
NIGHT CLUB, ~ PLACE H~DLING L?UOR, BEER OR ~[I~
IN ~ FORM, PL~C~ OF ~E~.~, HOTEl, ROOMING
HOUSE~, AP&R~.~NT ~'OUS~, DELI~RY SERVICES,
RESTAtingS; A~ ~LL CADDIES, ~VSPAPER DEL~RY
BO~ OI~R T~ AGE OF SE~rE~EW, SPECIAL POLICE
OFFICE~, DOmeSTIC SERVA~a, TAXICAB DRI~, AND
~G MACHI~ OPERATOP~; PROVIDING ~AT ATL
DO)~TIC EI~PLO~ A~ E$~E$ IN ~&NY HOWL,
AP.&R~.g~T HOUSE, R~MING HOUSE, ~STAI~AND OR ASYf
O~R P~CE ~!~2~LING~F'DO~ A$~/OR DRI~S SHA~
~TISH ~ ~RT~ICA.~ THAT ~EY HA~ ~?O I~ECTIO[~,
CONTAGIOUS OR COL~[ICABLE DISEASE; PROVIDING FOR
T~ ISSU&NCE OF IDENTIFICATION CARDS ~ $A~ PEK~ONS;
ESTABLISHING A FEE FOR ~E ISSUAN~ OF EACH SUCH
IDENTIFICATION C&~ OR ~AL ~REOF .~D PROVIDING
PENALTI~ FOR ~ VIOLATION OF ~ OROI~A!~T~.
A~ motion was made by Co~ci~n MacMillaJ, seconded by Co~ci~an
Kabler, that the foregoing Ordinance No. G-47 be passed and adopted as read,
and upon call of roll the motion carried mnanimous!y.
Council then adjourned.
City Clerk
APPROVED
}~ayor