05-11-48 ~^Y llTH, 1948
Regular ~eting of the City Council of tho City of Belray Beach wss held
in the Comqcil Chambers at 7.'30 P. M. with ~ayor L. H. Brannon in the Chair, and
City Manager Charles E. ~lack, City Attorney John Moore, and the following
CounciLmen present: ~. ~.~. Dewitt, John ~. Mabler and Neii E. Mac~.~illan, a
~uorum beLug p~sent.
Mr. Wm. M. Norrison, Publisher of the Delray Beach.'~ews, oresented the
following letter from ~r. Edward J. Herbert of New York City, enclosing a check
in the amount of ~ 12.OO in payment of prooosed water maintenance charge to
be added to each water bill to obtain fmads for a Beach BeautiFio~tion orogra~:
"~,~ay ~,
Editor
Delray Beach News
Delray Beach, Fla.
Dear Sir:
Being a regular subscriber of the Delray Beach News and receiving notice
that my subscription has run out, I am enclosing my check to the amount of ^3.00
for another year' s subscription as Mrs. Herbert and I enjoy getting our copy
of the paper each week and look forward to its archival.
At the p~sent writing, Mrs. Herbert and I are not residents of~Delray Beach
but we certainly are admirers of your little town which w~ consider to be one
of the b~st along the entire Atlantic Coastline of Florida. We hsve visited
them all for the purpose of finding ~ place where we can erect a ~ermanent home
at some future date and I am happy to say t!~'~at d~ing my last trip to Florida,
which was in the latter part of November, we purchased a lot in Seagate, on the
ocean boulevard.
It is our intention to build a home there this stammer, the plans of which
are now being drawn by yo~r local architects, Pope & Blake. This b~ing the csse
we feel that we are at least half residents of your beact~.ful little city which
I notice from your April 30th edition is to be made much more beautiful by the
beautification plan under way for the beach.
I notice from ~ story appearing in the oa~er that in order to carry out
this work there was to be an emergency charge ~f'~,2.00 a month on all water bills
to pay for its cost. My only disappointment is that we do not get a water bill
at this time so we co~ld help contribute towards such a splendid elan by con-
tributing $2.00 for the next six months in order to overcome this def~ciency.
However, I am enclosing my check to the amount of ~12.00 as my contribution
toward the proj~ct. In your story you do not mention to whom the check is to be
made out, so I h~ve left that part of my check blank and ask you to kindly fill
in the correct name of the committee or oerson who is in charge of making this
collection.
I have never spent ~12.O0 more willingly than the check that is enclosed as
I know that I will get more than ~12.OO worth of enjoyment out of the beach this
coming winter.
If you care to publish the fact that here is one person that appreciates
the ~lan of beautifying the beach and is willing to kick in his "12 bucks" to
help out, even though he does not have a water bill, you are at liberty to do so.
~Y '!iTH, 194~
Thanking you for ?~7our kind cooperstion, I am,
Yours very truly,
(Signed) Edward J. Herbert"
By a unanimous vote of the Council ~',~h". !{~rb~r~'s c-hack was acceoted with
appreciation.
On ?.>¢~ha!,f of the Golf Committee, City Manager Black explained to the Council
that this Committee recommended that the rental fee for the Club House be raised
from ~. 5.00 per night plus janitor service, to a minimum of ~. 15.00 per night plus
janitor service, or ~ 25.00 includQ]g this service.
The Comm?!'.tee also recommended that they be authorized to set up a liouor
bar in the Club House under the supervision of the Manager, which their felt would
enable them to obtain a Man~ger at less expense, and possibly the City could
share in the profits. They also felt a b~r would suit the wishes of a majority
of the golf players.
l,~r. F. B. McNeece, Chairman of the Golf Committee, then addressed the Council
and explained that the Club House had been damaged on different occasions, and
if the r~:ntal fee could be raised the building could be properly supervised and
protected.
Councilman ~acMillan considered a fee of $ 25.00 wo~ald be to high.
Mayor Bra~Ynon suggested that a reasonably low rental fee be maintained, but
that a cash bond be required to be posted, and if no damage was done the bond
would be retu/~ned.
MI'. McNeece stated that this would be agreeable to his Committee, providing
the attendant' s fee could be raised to % 10.00, to insua-e putting the Club ~ouse
in shape for the next day' s play. UI~. McNeece also advised the Co~mcil that if
there were any objections against the operation of the bar it would br~ taken out
immediately.
A motion.was then' made by Councilman De%~itt, seconded by Councilman Kab!er,
that the recommendations of the Golf Committee be accepted~ whereby the Club
House rental would be left at ~ 5.00 per night, the Attendant's fee raised to
~ 10.00~ and a cash bond of .~ 25.00 would be recuired to be posted, to cover
any possible damage to the. building or eOuioment, the bond to be returned if no
damage was caused; and the City Attorney be instructed to check into the poss-
ibility of acquiring a liquor bar license in the name of the City or the )Zanager
of the Club.
Upon call of roll the motion carried unamimously.
Mr. R. P. Todd addressed the Council with reference to his request for a
Builoing Permit to construct a double garage and apartment on the rear of two
lots which he contemplated purchasing on N. E. 10th St., stating that he had
been informed by the Building Inspector that a house would have +~ be built on
the front of the lots before a permit could be issued for the construction of
a garage apartment on the back of the lots.
NAY llTH, 19~,8
~r. Todd then explained that his business was bringing flowers in from
the North and storing them over ni?ht, and taking them~ to ~iami or other
Cities the following day. He planned to install a c~eep freeze refrigeration
system in one part of the garage, where his flowers could be preserved over
night and loaded on his truck bo be delivered the next day, claiming that no
business would be conducted there, that he did no business in this City, and
it would merely be an overnight storage space.
Several members of the audience complained that they considered this
would be conducting an integral part of a business in a residential zone,
and threatened to bring an inju~ction against Mr. Todd if he were allowed to
carry out his nlans.
A motion was then m~de by Councilman ~£abler, seconded by Councilman
l.~acNillan, that if the proposed building met all reo~irements as to floor space
the permit be issued, but with the understanding that it would not be used
for business purposes.
Mr. Todd contended that no business would be involved, that he would be
merely parking his own truck in his own garage during the night.
l{ayor Bramnon explained to l{r. Todd that the City must have zoning laws
and must enforce these laws, and suggested that he obtain a location where
there could be no complaints about his doing this type of business.
Roll call was then taken on the foregoing motion, Councilman Brannon and
DeWitt voting "No", and Councilman Kabler and ~acNillan voting in favor of the
motion. The motion was therefore lost.
City Nanager Black presented plans filed by J. L. Croft and Paul Sanderson,
for a proposed store and apartment building to be constructed on the W. 50' of
Lot 15, Block 117, ~ust east of the Firestone Service Station on East Atlantic
Avenue, stating that they were asking only tentative approval of the plans
before proceeding further. They planned to build three stores facing Atlantic
Avenue, with apartments above. A service alley would be provide8 on the south,
and garage space for tenant's use. The sto~s would be built first and the
apartment and garages added at a later date.
After consideration by the Council~ a motion was made by Councilman DeWitt,
seconded by Councilman ~ac~illan, that permit be approved in accordance with
the plans sub~!itted, subject to the approval of the State Hotel Commission, and
upon call of ~oll the motion carried unanimously.
City Nanager Black advised the Council that he 'had learned that the Zoning
Ordinance requires a 20' set-back for buildings on the north oortinon of West
Fifth Avenue, in a Buisiness ~l District, which will vitally affect the area on
which the sidewalk project is in .orogress.
After discussion, a motion was made by Councilman Kabler, seconded by
Councilman ~ac~illan, that the City Attorney be instructed to draw a corrective
Ordinance to waive this requirement in the area involved in the sidewalk oroject,
to require only a 1O, set-back fmom the Street right-of-way line. Upon call of
roll the motion carried unanimously.
UAY llTH, 1948
The City ~ana~er then advised the Council thet ~,{r. W. T. Jebb of
Jamica Square had asked for fire orotection to be furnisloed by the City of
Delta? Beach, oarticularly duriag the time he will be away and his prooerty
is closed, but recuested that any agreement made with him be secondary to
any future adgreement made with the Town of Gulf Stream.
~r. Black sug~lested a fee of ~ 25.00 per run, plus a fee for volunteers
called out, plus reimbursement for any e~uipment damaged or destroye~ on his
premises, but stated that he was presenting the re~uest to the ~ouncil ~.thout
re commendation.
Fire Chief Gregory, when ouestioned, stated that his Department could
handle it if given the authority by the Comncil, but reminded the Council that
other areas outside 6f the City limits will re'~uest the sam~ service. In this
particular case fire hydrants could be reached, but in other cases more
e~uipment woold be needed.
Councilman DeWitt recommended that a y~arly fee be required, otherwise
the City would be morally obligated to give service to this section, with no
assurance that any revenue w,.~ld be returned, ex. cept in hhe case of fir~.
Com~.cilman Kabler felt that the fee should be high enough to be almost
prohibitive.
After further consideration the request was tabled.
A letter from t.{r. W. B. Stewart, owner of a five acre tract of land in
Section 8, located at,he N. E. corner of N. IV. 8th Ave. and 4th Street, was
read as follows:
"~ay 3, 1948
Attorney John Moore
Post Office Building
Delray Beach, Florida
Dear Sir:
In 19~5 I purchased a ten acre tract of land in the city of Delray Beach.
About three months after the deeds were delivered to me, a message reached me
through your city attorney at that time (~r. Nowlin) that five (5) acres of
the newly acquired land adjoined the. white section or was included in the white
Z one.
I was asked if I would sell the five acres in question to the city since
they would object to my using it for personal reasons. I agreed with the ~nder-
standing that I could use the other five acres for building purposes.
Since that time I have sold, in good faith, several lots to people of my
race. These people bought those lot~ for building purposes. In fact, there is
one house already completed in this tract.
Now, the ruestion at issue is: Why was a land owner, who incidentally
purchased three lots from me in this same tract, denied permission to build?
If the city excluded Negroes from b~ilding there, it means that our taxes are
being paid in order to keep title to the City' s land. This property in question
is adjoining the Negro school and is undesirable as a white settlement.
MAY llTH, 1948
I am asking you to search you~~ council minutes for 1945 and find
a record Of this deal. I also request that, if there are no reasons other --~
than zoning, people who own oroperty in this tract be a!losed to build in
keeping with the promisq made to me when I readily agreed to sell some of
my property '~to~ the city in order that this same, thin~ might not occur.
I feel that there has been some mistake and that the owners oS° pro?ertj-
that area w~!! be given the right to build.
The following concerns another m~tter. I'was informed through a local
committee of Me~ro citizens that the city of Delray ~each wants to widnn
Fifth Avenue, N.W. I own 150 feet frontage there,. I am advised that the
city wants the ~roperty owners to deed five (5) feet of their land in order
that the sidewalk ~fght be moved back.
Under the existing laws ag the city, one must begin new construction
ten (lO) feet back from the sidewalk, ~{~nen the new sidewalk is ~ut in,
uuader the existing law, a new building ~ust be started 15 feet from the
now existing sidewall<. That would throw the entire block out of line so
far as buildi.~gs are concerned. Now, I am ~erfectly willing to deed 5 feet
across the entire frontage for the purpose of widening the street. My
only request is that the matter of building lines be looked into. It is
impractical to move the existing stores, and if new ones conform to the
law, we shall have a zig-zag business section -(several buildings 5 feet
from the walk, and several 10 feet back, then more 5 feet back.)
I urge you, sir, to take these matters up with your council, and you --_
may be assured of my wholehearted cooperation.
Re spe ctfully yours,
(Signed) W. B. Stewart"
Mr. Black explained that on checking the minutes of the Comnci].. for
1945, no direct approval of allowing the building of colored residneces on
this piece of property was found, and the property fal is within the ~qnite
Police Zone.
The City Manager was instructed to determine how long the existing
colored residence now located on the tract has been built, and also determine
any dealings of the City with Mr. Stewart, if possible.
Nr. Edwin P. Scherer then addressed the Council, recommending that an
Ordinance be oas~ed Drohibiting the construction of street imorovements, or
of~,any destructive or constructive work during the tourist season, stating
that plans shoul¢] be made to do all work during the summer months, or that
work be delayed until after the winter season.
It was the consensus of opinion of the Cou~.cil that the City should not
be limited by an Ordinance of this kind, especially in case of an eme~gency,
but that a policy might be adopted that unnecessary work would not be done
during the Tourist Season.
City Manager Black advised the Co~mcil that the matter of a change in
assessments on improved properties had been tabled at the last meeting,
to be reconsidered at this meeting.
;
M"Y !ITH,
Councilman }~acMi!lan reco'~mended that a committee of five be a~_ointed
to study the tax oroblem from every angle, on aL1 property both vacant and
improved, for recommendation to the Council.
Comucilman DeWitt than called to the attention of the Council the fact
that such a ~ommittee had considered m~imDroved property last year, and they
were familiar with all land values. He also stated that it was the intention
of the Council to go through with the improved property valuations 'this year..
Considering the time involved, )~(r. De~tt sug;.~ested using the same Committee,
stating that there is a great deal of detail work involved, which the old
Committee has already done. ~e explained that the?- have maps of Orevious
assessments and new assessments, and have a knowledge of the Cleveland 9~an,
which is recognized as the best workable plan available.
Councilman MacMillan felt that it should be passed aromud among the citizens
of the City, suggesting that the Council name three persons to ser~e on a
Committee, and each Property Owners Association be requested to name one-rep-
resentative to serve with them.
Councilman Kabler thouzht ~his wo~ld be an excellent idea.
Mayor Brannon then recommended Mr. W. A. Jacobs, Mr. H. A. Hubbard,
and Dr. ~. M. Davis be apoointed to serve on such a Committee.
A motion ~as then made by Councilman Mac~illan, seconded by Councilman
DeWitt, that the recommendation of ~,{ayor Brannon that ~Yr. W. A. Jacobs, ~r.
H. A. Hubbard, and Dr. K. I~. Davis be appointed to serve on a Committee to
study tax valuations on all property, both vacant and improved, and recommend
to the Council how much intense they considered should be made, if any, on
over-all tax valuations. Upon call of roll the action carried unanimously.
~.~r. A. L. Greenwood, Tax Assessor, stated that in order to e~ualize
valuations on improved propertY, es, it would have to be. done by tape measure,
and would reouire a .~reat amount of time. As to the inconsistency of present
valuations he felt that he had as good a picture as could be obtained on that
but he was advised by }gayor Brannon that the Council wanted public opinion on
the matter, and that it might be possible to sell the public the idea of in-
creasing assessments.
Upon motion of Councilman Kabler, seconded by Councilman DeWitt, unanimousl?
carried, bills totaling ~ 28,195.60 were apnroved for payment, subject to the
approval of t~m Finance Committee.
City Manager Black presented a letter from the Realty Board, which was
read in full as follows:
"May ll, 1948
City of Delray Beach
Delray Beach, Fla.
Gentlemen:
Replying to your request for an appraisal on the lots listed below, we submit
the following appraisal:
~AYZllTH, 1948
Item 1 - Lots 1 to 6, Block 51
City of De!ray Beach- .~_~ 1,500.OO
Item 2 - ~est Half of Lots 13 and Lot 1~, less
the West 17 feet, Vista Del Mar
Subdivision, Delray Heach- ~ 3,500.00
Respectfully submitte d)
(Signed)' H~rley D. Gates
(Signed) John A. Thayer
(Signed) R. BruCe Puckett
)~embers of Delray Beach
Board of Realtors"
The values placed on the properties as outlined in the foregoing letter
were accepted by the Council as fair and ecuitable appraisale.
With reference to a proposed exchange of these two properties between
the City and Councilman MacMillan, Mayor Bra,~mon explained that he felt t~e
City needed the Lots in Block 51, which adjoin the ^th~etic Field, and
perhaps would be able to buy them at a future date, in the meantime Oeading
foreclosure might be held off on this particular .property.
The following Resolution was then oresented, and same was read in
full:
RESOLUTION NO. 668
A RESOLUTIO~,T OF T~E CITY COUNCIL OF ?ME CITY OF DELRAY BEACH, FLORIDA,
LOCk, TING THE ~ST RIGHT OF ~'TAY LINE OF .~f~ E OCEAN BOULE~I~RD, AB.~MDONING
ANY PORTION OF ~E OCEAN BOUI~VARD LYING i,~EST THEREOF A~ PROVIDING FOR
THE CONSTRUCTION OF CERTAIN S~ET It~ROVE_$,~NTS.
~HEREA,_,~ 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
Century, 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 according to pla% 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 bnilding and zoning purposes as the west
line of the Ocean Boulevard, and
WHEREAS, the City of Delray Beach now desires to proceed with certain
street repairs 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 eonstruction Is"
commenced.
WAY llTH, 1948
NOW, T~REFORE, BE ~T RESOLVED by the City Council of the City of
D~lray Beach, as follows:
SECTION 1. That the City of ~elray ?each h~reby accepts and
designated the above described line known as the Brocl~ay 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 nlat
of the fractional East half of Section ~t~ Township 46 South, Range 43
East~ recorded in °lat Book 1, at page 25 of the Public Records of Palm
Beach County, Florida, insofar as the same affects the property herein-
after described.
SECTION 2. That the City of Delray Beach hereby abandons and
vacated all of that portion of the Ocean Road or Ocean Boulevard as per
plat recorded in Plat Book 1 at page 25 of the public records of Palm
Beach County, Florida, located in the hereinafter described property and
lying west of the Brockway Surve.y Line as shown in tha ~lat thereof re-
corded in Plat Book 20 at page 4 of the public records of Palm Beach
County, Florida.
SECTION 3. That in consideration of the relincuishment of the
adjacent property owner of all claims to any of the hereinafter described
property located East of the Brockway Survey Line as above described, the
.City of Delray will make no special assessments for benefits against said
adjacent property for the proposed repair, improvement and construction
work to be done during the years 1947 and 1948. In the event these im-
provements cannot be comoleted during the years 1947-194~, no assessment
will be made against the property and owner at such time as these imorov-
em~nts are made.
SECTION 4. This Resolution shall become effective uoon the proper
aa'ceptance thereof by the owner of the hereinafter described property, which
acceptance shall be signified by the exec~tio.n of the attached consent and
re lea se.
SECTIO~ 5. The aroperty affected by this Resolution is:
South 59.~ feet of Beach Lot 2& in Fractional Section 16, Township
~6 South, Range 43 East, Delray Beach, Palm Beach CountM, Florida.
PASSED in Regular Session on this the llth ~ay of May, 194B.
(Signed) L.. H. Brar~non
~resident, City Co.~ncil.
A TT~S T: Approved:
~Signed) Ruth R. Snith (Signed) L. H. Brannon
City Clerk ~.~a yor
SE^L"
~Y 117~, 19&8
For and in consideration of the abondonment by the City of Delray ~each
of that oroperty described in Section 2 of the foregoing Resolution and
in further consider,~tion of the agreement of the City of Delray Beach to
make no sDecial assessments for benefits against the above described ~ro~erty
for street improvement work on the O~?~s~ Bo~!~d during the 19~7-19~
construction ~rogram, the undarsigned ~wners hereby accept the above Re-
solution and hereby remise, ralease and quit-cla~ to the City of Delray
Beach, Florida, for use as a public street and sidewalk all of that portion
of the above described ~roperty as set out in Section 5 of this Resolution,
which may be located east of the Broclc~ay Survey Line as shown in Plat
Book 20, Page & of the public records of Pa~ Beach County, Florida,
the proposed im~rovements have not been completed du~ing the years 19A7-
1948, no assess~nts will be made against this property in case they ~re
made in later years.
WI~S:
(Signed) Bev~qy B JqrdaQ, , (Signed) Karl K. Lobr~n (SEAI~
($ig~d] A!ice ,,,~ade~ick ~('Signed) Bethia J. Lohram
STATE OF: Florida
COUNTY OF: Palm Beach
I HE~E~Y CERTIFY that on this day before me personally ~ooeared
KARL'K. LOHRI~N and BETHIA J. LOHR~L~M, his wife, to me know to be the
persons deecribed in and who executed the fore~oin~ instru~nent and they
acknowledged before me that they execrated the same.
'..?I~ESS my hand and official seal at Deiray Beach, Florida on
this the 10th day of ~ay, 19A8.
(Signed) Alice Deaderick
Nor~ ry Public
F4Y co~aission exsires:
April 29, 1951,
Bonded by American Surety
SEAL" Co. of N. Y.
Upon action of Comnci!man DeWitt, seconded by Councilman Ksbler,
unanimously carried, the foregoing Resolution Mo. 668 was passed and
adopted as read.
The following twenty-one Resolutions, signad by owners of property
in Blocks 27, 2~, 29 and 30 fronting on ~est Fifth ~venue, by ~ich they
donated 5' of their property for construction of a sidewalk, were pre-
sented:
~ESOLUTION NO. 669
A RESOLUTION OF ~E CZTY COUNCIL OF THE CITY CF DEI~RAY BE~ICH, wLORIDA ,
PROVID~IG FOR TH~_~ CONSTRUCTION OF CERTAIN SIDEi~i~ALKS IN S~ID CITY.
W!~EREAS, a need has arisen in the City of Delray Beach; Florida,
for sidewalks to be constructed in that part of said city generally
inhabited by colored persons, and
T~EREAS, the City of Delray Beach, Florida~ desires to proceed with
certain sidewalk construction in the City of Delray Beach, said sidewalk
construction to be made on a strip of l~nd bein~ five (5) feet in width and
lying immediately East of the forty (;~O)feet ~ight-of-way of N. W. 5th
~venue and running Dar~!lel to N. ~. 5~.b ~venue for a distance of two (2)
blocks from the Northeast corner of the intersection of N. ~%'. 5th Aw~nue
a~'~d Atlantic Avenue, intersec~-'~.:ons exce~%ed~ , A~ that str~ of lane] being~
five (5) feet in width and l'~?ing .... ~m~d~atelv~ Ea~ of tho fortk (~.0) foot
right-of-~ay of S. W. 5th ~venue, an~] ru~r~ing parallel to S. '~. 5th Avenue
for a distance of two (2) blocks from the Southeast corner of the inters~ction
of S. ~.~. 5th Ave~ue and Atlantic Avenue, inters~ctions excented.
NO~~, THEREFORE, BE IT ~.~ESOLVED b~; the City Council of the City of
Delray Beach, Florida, as follows:
SECTION 1. That in consideration of the rellneuishmcnt and con-
veyance to the City of Delray Beach by the property owners of the above
described property, on which a sidewalk is to be constructrd, the City of
Delray Beach will make no special assessments for ben, fits against the
adjacent property for the construction work to be done, and said City will
bear the total cost of the construction thereof.
SECTION 2. 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 exectuion of the consent and release
which is made a part hereof.
SECTION 3. The property effected by this resolution is the %~est
five (5) feet of:
Lot 5, in the South Half of Block 27, City of Delray
Beach, Florida.
(Signed) L. H. Brannon
President, City Council
ATTEST APPROVED
(Signed) Ruth R. Smith (Signed) L. H. Brar~non
City Clerk Mayor
SEAL"
For and in ~onsideration of the CitF of Delray Beach, Florida,
Constructing said sidewalk, and in the further consideration of the agree-
ment of said city to make no special asses~ments for benefits against the
property adjacent to the above described strip of land for the construction
thereof, the undersigned owner hereby accepts the above resolution and hereby
remise, release, convey and ouit-claim to the City of Delray Beach, Florida
for the use as a sidewalk, all of that portion of the above described property
as set out in Section 3 of this Resolution.
WITNESSES:
S ned) NeiZ (,Si n d)
~isg~d) Lester C. Albert (Signed) ~,e !~onroe, Trustee (SEAL1
(Signed) L. B.. Bruruner, ~ustee(SEAL)_
S TA~ OF F~RIDA
(Signed) Sam l{oore, Trustee
COUNTY OF PA~ BEACH
I }~REBY ~RTIFY that on this day before me personally appeared
Pa~ Jones, ~e l~onroe, L. B. Brunner ~nd Sam Moore, ~ustees, to me
known to be the oersons desc~bed in and who executed the foregoing in-
str~nent and who acknowledged before me that they exechted the same.
l~I~S my hand and official seal at Delray Beach, Florida,
on this the 3rd day of ~!ay, A. D. 1948.
(Signed) Neil '~ac~illian
Not'a~7 Public, State of Florida
at Large
Yy Co~ission Expi~s: October 31,1949
Bonded by American Surety Co., of N. Y.
SEAL"
~SOLUTIOUS 670 ~ROUGH 689 SA~ AS ~0'~ ~'I~VH THE EXCEPTIO~ OF
PROPERTY EFFEC~D, SECTION 3.
~SOLUTION 6?0
The West 100 ft. of the South 25 ft. of Lot 6, in the
· South Ha~ of Block 2?, City of Delray Beach~ Florida
(Signed) Henry l~ilton
(Signed) Viola l~ilton
~SOLUTION 671
~e West 67.5' of the South Half of Lot ? in the
South Half of Block 2?, City of Delray Beach, Florida
(Signed) Thomas Kemp
(Signed) Julie E. Ke~p
R~OLUTIOM 672
'The West 50 ft. of Lot 8 in the South Half of Block
2?, City of Delray Beach, Florida
(Signed) Rebecca Smith
~'~.~AY llTH, 19~8
RESOLUTION ~'~0. 673
The North 50 ft. of Lot &, Block 28, City of Delray Beach,
Florida.
(Signed) Lillian Anderson
RESOLUTIOn' NO. 67~
The North 50 ft. of Lot 5, and the South 2/4.? ft. of
Lot &, Block 28, City of Delray Beach, Florida
(Signed] C~,orge Goidwire
(Signed) Maggie Golciwire
P~$OLUTION UO. 67 5
The ~lerth ~.&.7 ft. of Lot 6 and the South 2&.? ft. of
Lot 5, Block 28, City of De!ray Beach, Florida.
(Signed). Ji~aie Howard
.(Signed) Lucille Howard
RESOLUTION NO. 676
Lots 28 and 29, Block 29, City of Delra?£ Beach, Flsrida
(Signed) Rina Reed
.RESOLUTION NO. 677
Lots 37 and 38, Block 29, City of Delray Beach, Florida
(Signed) Prinae Farrington
(Signed) Arnua B. Farrington
RESOLUTION NO. 678
Lot &&, Block 29, City of Delra>~ Beach, Florida
(Signed) Prince Thomas
(Signed) Sally Thomas
RESOLUTION NO. 679
Lots 45 and /~6, Block 29, City of Delray Beach, Florida
(Signed) Lemon Ivey
(Signed) Tessie Ivey
RESOLUTION NO. 680
Lots 42 and &3 of Block 29 ~ City of Delray Beach,
Florida
(Signed) Isaih Grove
RESOLUTION NO. 681
The South 50 ft. of the North 250 ft. of tb~ l~est
]243.75 ft. of Block 29, City of De!ray Beach, Florida
.(~igned) JohnrJie Hardiman
(Signed) Rosa Lee Hardiman
RESOLUTION NO. 682
South Half of Lot 5, Block 30, City of Delray Beach, Florida
(Signed) Ethel ~ackey
RESOLUTION NO. 6~3
North Half of Lot 5, Block 30, City of Delray Beach, Florida
(Signed) Aaron Char!ow
(Signed) Louise Charlow
P~ESOLUTION NO. 68&
Ali of Lot A, Block 30, City of De]ray Beach, Florida
(Signed) ~yrtle Williams
(Signed) John Williams
RESOLUTION NO. 685
The South ~3.25 ft. of Lot 3, Mlock 30, City of Delray Beach,Fla.
(Signed) Gilbert ~icCray
(Signed) Poste!la ~cCra~y
RESOLUTION NO 686
The South 5 ft. of Lot 1, Block 30, and The North
71.5 ft. of Lot 2, Block 30, City of Delray Beach, Florida
(Si~ned) D. ,J, osie
(Signed) Janer Josie
L~AY llTH, 1943
R~OLUTION NO. 687
T~e North 33.25 ft. of Lot 1, Block 30, City of De!ray
Beach~ Florida
(S±gned) Robert Lee Williams
(Signed) Ella Bell Williams
RESOLUTION NO.
The South 3~.25 ft. of the North 71.5 ft. of Lot 1,
Block 30, City of Delray Beach, Florida
(Signed) Lee Ed~mrds
(Signed) Willie Mae Edwards
KESOLUTION NO. 689
Lot Eight (8), Block Thirty (30), City of Delray Beach,
Florida
(Signed) Thomas Kemp
(Signed) Julia ~. Kemp
A motion was made by Councilman MacMi]2an, seconded by Council~an ~Zabler,
that the foregoing Resolutions P~solutio~s ~os. 669 to 689, inclusive, be
passed and adopted as read, and uoon call of roll the motion carried unanimously.
Councilman Kabler then asked the approval of the Council to start work on
the prOject, skit:ping the property of those who had not signed the Resolutions
releasing the 5' needed for the construction of this sidewalk.
A motion was made by Councilman ~.(ac~%iilan, seconded by Councilman Kabler,
that work be started as previously outlined by the Council, on the ~roperty
where agreements have been signed, other properties to be skipped. Upon call
of roll the motion carried unanimously.
In a motion by Councilman De?~itt, seconded by Councilman ~acliillan, unan-
imously carried, the City Manager was instructed to inform officials of the
American Telephone and Telegraph Co. that their utility polls which are in
the street right-of-way on S. E. ~th Ave. must be mov~d back a safe distance,
or into the alley.
The City Attorney was instructed to obtain rates on liabilit~z insurance
which would protect the public if injured on City property.
City Manager Black recommended that rates at the Municipal Swimming Pool
be raised from 10~, per person to 15¢ for children and 25¢ for adults, to become
effective on May l?th, 1948.
In a motion by Councilman MacMillan, seconded by Councilman DeWitt,
unanimously carried, the recommendation of the City lganager was accepted.
MAY llTH, 1948
The following Ordinance was then brought up as an emergency measure
and same~ was read in full:
ORDINANCE NO. G-48
AN E~RGENC¥ ORDI~ANCE OF THE CITY COI~CIL OF
CITY OF DE~AY BEACH, F~R i_A, F!~ INO ~E A~OUNT
OF ~IN~NAN~ A~ SERVICE CH~R~ FOR EACH
TAP NO~7!NSTAC~D OR HF~AF~R INSTALLED DI~G
T~ THIS E~GENCY ORDINAN~ ~}~INS EFFEC~I~ IN
TH~ CITY OF DE~AY BEACH, F~RIDA.
W~EAS, the emergency situation created by the h~rieane of
September 16 and 17, 1947, ~till exists in ~he City of Delray Beach,
Florida, insofar as the prese~ation of oublic pro~rty is concerned,
and,
?~E~AS, it is necessary for the preservation of the public
beach of said city, for the damage caused by said h~rJ. cane to be
reparied as soon as possible, and for the public beach to be restored
as nearly as possible to its former condition, and
W~, it has been ascertained that the oart of the public
beach which was planted with shrubs~ trees or grass, withstood the
hurricane much better than that part which was ~lanted, and
I'~H~EAS, it is necessary to raise additional revenue
such restoration, repair, protection and preso~ation of the oublic
beach,
NOW, T~FO~, BE IT O~AI~D by the City Co~c~ of the City
of Delray Beach, Florida, as fo~ows:
SECTION 1. The~ shall be an e~rgency ~intenance and service
charge of ~2.~ per month for each tap now ins~lled or that m~y here-
after be'installed on the ~ter ~ins of the City of ~lray Beach, Florida,
which sha~ be due and payable monthly at the t~e that bills for water
se~ice are due and payable to the City of De!ray Beach, beginning with
the month of J~e, 19g8, and due and payable on or ~fore the 10th day
of said month and continuing thereafter for a period of six months.
SECTION 2. The failure to pay such emergency ~intenance and
service charge shall be ~nsidered the same as the non-pa~ent of a bill
for water used by the cons~er and water se~ice will be discontinued as
provided by the C~neral Water Ordinance of the City of Delray Beach,
Florida, provided, however, that when the City Nanager ascertains that
any person is financially ~able to pay the emergency ~intenance and
se~wice charge~ as above orovided, such person shall be exempt from such
payment.
SECTION 3. This is an emergency ordinance and shall take effect
~ediately upon its passage on first reading.
P~SED in Regular Session on first and final ~adi~ on this
the llth day of ~ay, A. D., 1948.
(Signed) L. H. Brannon
~T~gT: (Signed) Ruth R. S~th President, City Co~nc~
City Clerk APPRO~D: (Signed) L. H. Bra~on
~AY 11~{, 19A8
~ motion was made by Councilman Kabler, seconded by Councilman Mac~llan,
that the foregoing Ordinance 5To. O-&~ be nassed and adopted as read, and unon
call of roll the motion carried ~animously.
Co~ci~n DeWitt then explained that he did not consider ~his the be~t
way of raising the f~ds needed, but it see~d to be the only way it co~d
be done so that the Beach beautification work could be carrY, ed out this s~er
and be ready for next season~ stating that so~ improvements must be made on
the Beach or we would lose tourist.
Co~cilman Kabler s~gested that both Property Owners Associations be
asked to consider the plans as submitted by the Citizens Committee of the
Kiwanis Club, and make reco~endations if any, as the Co~r~cil intends ~o use
these plans temporarily as to the %~e of construction for the project, feeti~
that the most utility at the least expense would be provided in this way.
Councilman )~acMi~an ~cor~ended that a s~!l fee be set up %o be paid
to ~'[r. Robert A. Blake who prepaid the dra ings, to work with the City ~tanager
as Consult~g Architect.
After consideration b)z the Council a motion was made by Counci~n DeWitt
seconded by Counci~an ~gac~{illan~ that a fee of ~ !00.OO be paid %o ~{r. Blake
for his services and advise on the Beach project~ as Cons~ti~ Architect.
Upon call of roll the motion carried ~an~ously.
The following Ordinance was then broth% up for first ~ading, and same
was read in full:
AN ORDIN~_~C~ OF T~ CITY COUNCIL ~ TF~
CI~~ OF DELqAY BEACH, FLORIDA,
s~~o~ (2) OF PA~~ (~) OF
SECTION 7 OF C~{AP~R ~X OF ~ CIa"CODE
OF DELRAY BEACH, ~LORID~ ~LaTINC ~ ~E
~C~=~T!ON O~ ZONING.
A motion was made by Counci~an DeWitt, seconded by Counci~n MacS'illan
that the foregoing Ordinance be placed on first reading, and unon call of ro~
the motion carried ~animously.
~s a ~su!t of complaints received from boat owners at the ~acht Basin as
to damage caused to their boats by the excessive rate of speed of boats Dassir~
through the Intercoastal Canal, the following Ordinance was brought u~ as
emergency measure, and same was read in full as follows:
AN E~,~;E~CY ORDINAl!CE OF THE CI~ COUNCIL OF
T~ CI~ OF ~EIP. AY 9EAC!~, FLOR~fl, P~PUL~TING
~E ~XI~%f SP~D OF ,aLL CRAFT O°Eq.'%TED IN T~
IN. COASTAL WA~AY IN ~E CIW
DE~Y BEACH, F~RIDA, FRO~ ,~ DISTANCE ~00 F~T
SOU~ OF ~E ~N~R LI~ OF ~E E~ST
A~Nr~ BRIDGE TO ~ DISTANCE 1/~00 FEET SOr~T~t OF
T~ CEN~R LINE OF SA~ EAST ATLANTIC A~%~!~
Bq~GE, ~5T F~'I'~R °ROV~INC A PENALTY FOR
VIOLATION OF ~IS O~DYNANCE.
~AY llTU, 19A8
It being the consensus of opinion of the Council that the speed
of boats should be regulated north of the Atlantic Avenue bridge as
well as south of the Bridge, the Ordinance was amended to read as
follows:
ORDI~A~!U~ NO. ~9
AN E~RGENCY OR. DINA~C~ OF THE CI~ C?~CIL OF THE CI~ OF ~ELR~Y
3EACP, FLOR~A, ~Of~L'~Tl~t~ ~ !..{AX~."~ SPEED OF ALL CRAFT OPER~D
IP~ '~ IN~RCO.~TAL WA~RWf~Y IN T~ CITY L~{I~ OF DEL~Y BEACH,
FLORIDA , FRO~'! A DISTA;iCE ~00 FEET SOUTH OF T~ CEN~R LII~ OF T~
E~ST ATLA?TTIC AVE~T~ BRIDGE TO A D~T,!WCE 1400 FEET NORTH OF ~
CEN~R LINE OF ~E EAST ATL~?TIC A~k~ ~E!DGE, A~ FT~R PRO-
VIDING A PENALTY FOR VIOLATION OF THIS ORDINAN~.
¥~AS, an emergency situation exists in the City of Delrsy Beach,
due to damage caused to the seawall and docks of said city in the
Intercoastal ~Vaterway, because of craft traveii~ at excessive rates of
speed, and
WHE~AS, said damage to the seawall and docks will be greatly in-
creased in the event of further occurrences of craft traveling at ex-
cessive rates of speed,
NO'g, ~REFO~, BE IT ORDAIS~D by the City Council of the City
of Delray Beach, Florida, as follows:
SECTION 1. The maxim~ speed of all craft operat~g ~ the
Intercoastal Wate~ay in the City of De!ray Beach, F!Drida, from a
distance !4~ feet south of the center line of the East Atlantic Avenue
Bridge, to a dis~.ance 17~00 feet north of the centar line of the East
~tlantic Avenue Brid~e, shall be three (3) miles per hour.
SECTION 2. Any person or persons and the members of any firm
or corporation violating thi~ ordinance shall, uoon conviction, be
p~ished by a fine not exceeding ~5~.00, or i~Drisonment for a period
not exceeding 90 days, or by both s~ch fine ~d imprisomment for each
offense.
SECTION 3. This is an emergency ordinance and shall take effect
~ediately upon its passage or first reading.
PASSED in Reg~ar Session on first and final reading on this the
llth day of May, A. D. 1948.
(Signed) .L.H. Brannon
President, City Counc~.
AT.T: Ruth R. S~th APPROVED
City Clerk
(Signed) L. H. Bramnon
SEAL" Mayor
~AY ~.~.TH~, 1948
A motion was then made by Court, cji_man ~e~itt~ secon~e~ by Councilmao
Yac~i!~.an that fha foregoing Ordinance ~o. G-7~9 bm Dassed and adopted as
amended, as an emergency measure to become effective i~ecliately, and u~on
call of roll the motion carried ~ar~i~ously.
The City !~.tanager was instructed to have approDriate signs erected alo~
the shore line to i~form boat owners of this ne~ regult~tion, a coo~r of the
Ordir~ance to be sent to the Co~t~ander of the U. S. Coast Guard in th~s Dis!rict.
CD~cil the adjou~"ned.
(Signe~) ~uth R.
City Clerk