05-18-48SpMtg ~^Y 18~{, 1948
.~ Special MeetJ_ag of the City Council of the City of Delra~7 ~each
was held in the Council Chambers at 3:30 P. M., together with officials o~
the Florida E~st Coast Railway Co. to dis~uss, tb~ re~,~est of the Co,aucti
that the railroad crossing at ~. E. 1st Street be ooened to traffic, aa~
for any other necessary business, with Mayor L. W. Brannon in the Chair,
and City ~.ttoraay John ~foore, City ~,~anager Charles E. Black, and the
fo!lo~.ng Council~e~ ~oresent: ~. ~. DeWitt, John N. Mabler and ~!ei! E.
~ac!~illan, a wuor.~ being oresent.
City ~.~anager B~ck advised the Council that ~r. E. B. ~icho!s bad
deeded a tra~t of land 10' X 10', describe8 as ~ast 10' of South 10' of
Lot 16, to the City fo~.' the purpose of drilling a test well in conn~ction
· with the water ~provement project. The lan~ was not use~ as the location
for a new well, and Yr. Nichols has req.aested that the deed be returned to
him.
Upon motion of Counci~an De~?itt~ secos~ded by Comnci!man I(abler,
mnanimousty carried, the Clerk was in~tructed to return the deed to this
property to ~tr. Nichols.
A proposed Resolution, orepared by tb~ County Eng,_heat's Office,
amthorizin~i the execution of Cult C'[a~ deeds covering certain tracts of
lan8 owned by the City to the State Road Department for the right-of-way
for the new State Road h~o. 9, was presented by the City Manager and read
in full as fo!lo~s:
SRD Vo. 46,~
Section 9322
State Road 9
Pa~ Beach Co~mty
~SO].UTION NO. 690
ON UOTION of Councilman ~.' !f. De'~itt, seconded by Councilman ~eil
E. ~ac~,[iilaa, t~e following resolution was adopted,
~,~, the State of Florida, by and through its component age~cy,
the State Road Department, proooses to construct and maintain State Road
t~o. 9, Section 9322-202 from Yamato to Lsntaaa, and
~AS, a portion of the right of way n~cassary for sai~] roa~ will
be req~red from lands now owned by the City of Delray Beach, as herein-
after described, and
?~REAS, the State Road Department having reoueste~ the City of Delray
Beach to execrate a cuit-claim deed in favor of the S~ste of Florida in and
to s~-:id ].ands, and said reqaest having been duly considered,
NO~%', THE~FO~, BE IT RESOLVED by the City Council of the Ci6? of Detray
Beach, ~at the request of the State Road Department be granted and the
~/~ayor and the City Clerk be and they are hereby authorized, directed and
enoowered to ~ke, execute and deli~r to the State Road DepFrtment a ~t
claim deed in favor of the State of Florida conveying all right, title and
interest that the City of Delray Beach has in and to those certain parcels
of land sitaate and being in the County of Pa~ Beach, State of Florida,
more partic~arly described as follows:
MAY 18TH, 19d8
That part of:
~ 1
of sE¼ of sE¼ a_ d
Township ~6 South, Range A3 East, mo~ particu-
larly described as: Commencing at the SE corner
of said Section 18, thence ~orth along the ~ast
section line 66A.~! feet, the~ce ~.~est 28.1~ feet
to tr~e POIN? OF BSGI I~.~., ther~ce ~lorth lA 30'
59" East 108.90 feet, thence North 199~.45 feet,
thence ~?est 15 feet, thence South 291.&1 feet,
thence Southerly on a curve tb the right hnving
a radius of 3719.83 feet an arc distance of 973.~5
feet to a point, thence South ~,°30, 59" ~?est
770.22 feet, thence East 311.20 feet to the ooint
of beginhing.
and
The East 15 fe~t of the E~. of the SE~ of the
of the ~ of Section 18, Township d6 South, Range
A~3 East.
Grantor hereby agrees that Grantee or any
highway authority to v~o.m said prope?ty
or any part thereof may be conveyed, may
use same as a right of ~y on which to
tablish, construct and ~intain a limited
access facility, as~ defined by Chapter 3~8,
Florida Statutes 19Al and Supoiement there-
to; and Grantor for the considerations here-
Lnabove mentioned, hereby grants and coneys
to Grantee and its successors and assigns
a~ abutter's rights and all rights of access,
ingress and egress to and from such li~ted
access facility ~ and from his re~ini~
oroperty along same, exceot such as ~y exist
under t~ resolution of ~e highway authority
designati~ and establishing same~ or any
amendment or modification thereof.
~ BE IT FURT'~R ~OL~D, {hata certified copy of this resolution
be delivered to the State Road Department.
STATE OF FLORIDA
as.
~OUNTY OF PALM_ BEACH
I HEREBY CERTIFY, that the foregoing is a true copy of a resolution adopted by
the City Co,zacil of the City of Delray Beach at a meeting of said Council held
on the 12th day of May A. D. 1948.
Witness my hand and official seal on this 19th day of May A. D. 194~-.
(Signed) Ruth R. Smith
City Clerk of the City of Delr~ y Beach,
SEAL"' Florida.
I~AY 18TH, 1948
County Co~missioner C. Y. Byrd, being in the audience, explained
that the County would be willing to trade Lot 1~, Section 20, or some
other County owned ~roperty, that could be used for a City dump, for
this tract through the present City d~p required by the State Road
Department, and recommended that these ~uit Claim Deeds be executed as
requested, and ~.at the City Co~ncil then request a trade from the Count~
for some avai!ab~]e property before it is offe~d for sale.
Mr. Byrd also explained that Atlantic Avenue would be the main access
road leading from the State Highway No. 9, and possibly Germantown Road
would co_~ect with the Highway at the south en~ of the City, and suggested
.that if the City considered other access roads would be needed, that the
City Manager contact M~. Buck Watson, Division ~ngineer of the State Road
Department at Ft. Lauderdate, to obtain a complete survey of the project
and work out the additional access roads the Council f~els are needed.
Councilman DeWitt stated that he considered it important that access
roads be ptaraned to prevent p~sent streets from becoming dead-end streets
by the construction of the ~ Highway, the roads to run parallel to the ne~
~ighway on State right-of-way.
After further consideration by the Council, a motion was made by
Councilman DeWitt, seconded by Comncilman ~ac~illan, that the foregoing
~esolution No. 690, authorizing the execution of auit Claim deeds to the
State Road Department be passed and adopted, subject to verification of
descriptions of the properties involved by the City Attorney. Upon call
of roll the. motion carried unanimously.
Letters from Dr. K. ~f. Davis and ~,!~'. H. A. Hubbard, declining to
serve on a Tax Advisory Committee, were read as follows:
May 14, 1948
l.~rs. Ruth R. Smith, City Clerk
City of Delray Beach
Delray Beach, Florida
Dear .!~rs. Smith:
I have just received your letter informing me that I have been appointed,
by the City Council on May llth, to serve as a member of a committee to
stud~ tax adjustment problems for the 19~8 tax roll.
Due to the fact that I will be unable to give sufficient time and study
to this matter, I do not feel it would be ~air to the other members of
the committee in the preparation of the tax roll.
I regret I will not be able to serve on this special committee.
Very truly yours,
(Signed) H. A. Hubbard"
MAY i~TW, 194~
"May 15, 19;~8
City of De!ray Beach
Delray Beach, Fla.
Ce ntleme n:
As to serving on this tax committee, I do not know enough of the Values
of property to ~ualify me for this important work. ~nd for that reason
! c~nnot accept the appointment on this committee.
Yo~rs truly
(Signed) K. w. Davis~ ~. D."
Upon motion of Co,lncilm~n DeWitt, seconded by Co~ncilman Kabler,
~nanimously carried, the foregoing resignations were acceoted with regret.
Council approved the recommendation of ),~ayor Brannon that ]~h-. S. Eugene
Burd and l~r. Roy Harvel be appointed to selu~e on this ~ommittee.
lfr. C. Y. Byrd, local representative for the Florida East Coast Railway
Co., Mr. J. ?~. Fox, representing the Receivers for the, Railroad, ~ir. Frar~
G. ~{anna, Trainmaster, and Mr. George H. Henderson, Local Agent for the Florida
East Coast Railway Co. were present to discuss with the Council the advisibility
of o~oening the N. E. First Street railroad crossinK for traffic.
Mr. Byrd al, vised the Council that the Receivers for the Railroad objected
to the opening of the First Street crossing due to the fact that it is in the
center of their freight yard. He stated that Ur. Fox had made a personal in-
spection of the other crossings in the City, and he had been instructed to
Oopose the opening of N. E. 1st Street, and it v~o~]ld have to be left to the
Courts to decide which is thr~ greater public need, under the circumstances.
}{e also stated that he would like to get with the City Manager and the Rail-
road Engineer to see if conditions could be imnroved at the existing crossings.
}~_~r. Fox then addressed the Council offering to improve the present rail-
road crossings to a greater width and smoothness, in an effort to improve the
crossing situation. ~{e stated that the crop, sings are in bad condition between
the rails, and as it is the duty of the railroad to maintain these crossings,
he promised to have them improved immediately. With reference to the opening
of N. E. 1st Street, ~r. Fox reminded the Council that he had considered this
with a former Co~ancil which had felt that this crossing wasn't needed as m,~ch
as l~lief for Atlantic ~lvemue. With this in mind the railroad has spent
several thousands of dollars in arranging its sidings and switches to relieve
congestion on Atlantic Avenue, which now extend over the First Street area.
M1TM. Fox offered to have an enEineerir~ survey made to determine what could
be done to f~n'ther re]_ieve Atlantic A~r~ue, but stated t~nt there had been a
great deal of onposition to the opening of N. E. !st Street from business neonle
on tho ~rlvate Street b~.tween .Atlantic Avenue land tst St~et,~ f~e~l~ng %h~' ~e~neral
~traffic would come off of .~tiantic A~enue' to go~'over'.Fir'st Street at~d~,'¢~Re'back
~h~'%am~.~y;~- ~ _~h~ough~%raffic 'on'that 'Cohrt~which is used by~ th~,m' f~o~ loading
'arid untoa~dihg on the ra~ilros~ s'idings would create a definite hazard. This Court
is on the railroad right-of-way.
MAY 18TH,
Uouncilman NacMil!an felt that this crossing was needed as a ~onvenience
for people livin~ in that section of th~ City, and also stated that the first
step in the expansion of a City is the opening of its Streets.
City ~anager Black stated that wk~en the warehouse areas are extended it ....
may be possible for the railroad to move its siding 'areas into other districts,
making it more practicable to o~en u~ F~.rst Street ~orth. ~t the present
time the business men who~would be affected are not in favor of omening this
Street to traffic, and it seemed more advisable to use N. E. and S. E. 2nd
Streets as cross-town thoroughfares. However, Mr. Black felt that it sheu!d
..azl~oad and t~e C~ty for future planning. He
be ke~t in n~ind by both the R '
also recommended that the railroad station be moved away from the center of
the town.
Councilman DeV~itt advised the Railroad officials that there are citizens
who are requesting the opening of N. E. 1st Street, and that eventually we
will need another business Street, which may be that 1st Street North will
develop as a business Street, and traffic will then ~ave to be directed along
that Street.
Councilman Kabler did not consider it ~ractical to o~en First Street at
this tim~, stating that he felt the railroad would work with the City if it
were practical, and at such time when a .greater amomnt of freight can be
handled in another district it will be a practical time to socure the co-
operation of the railroad in the o~ening of First Streets North and South.
Considering the hazard it would create, and cons.~_dering the Comet costs
vo!ved, and the dost of improving the Street approaches and maintaining
them, Mr. Kabier felt th,~t it should not o., ~ushed at this time.
City Manager Black then recommended that the Co~lncil try, through
suggestions and promotion, to get deve!o~ment of the freight yards awa~ from
the center of the town, stating that there is already a deve!o~ment eSnt~mplated
to th~+~south; and..t?]'~s wi~t attract~ others; also that the Florida Power and
Light Co. is arodous to move its warehouse ~way from that congested area. He
stated, however, that he felt that whenever First Street is opened and improved,
retail businesses will be established on that street.
Mr. Fox, when ouestioned as to Whether the railroad would be agreeable
at some future time to open this crossing_, without Court proceed~.ngs, stated
that he believed they would. The r~ilroad has ~one to a ~reat deal of expense,
he explained, to relieve the traffic hazard on Atlantic Avenue with th~~ ic]ea
in mind that that~ would stop any request for another crossing at this time.
~fr. Byrd then advz~em the Comncil that when an easmmeSt ~s condemmed it
becomes the pro~...,~_tj-=r ~ of the City to maintain at _~ts own expense, stating that
he did not consider it worth the expense involved for thais year or Dossibly
wa re ~ e u ~ e .
for several years to come, feeling that the ' '° area would eventuall.v
be moved, but stating that he did not think ?.. E. 1st street should be con-
sidered for a business district yet. He recommended that the N. E. 1st Street
crossing situation be held in abeyance until the existing crossings and
approaches have been improved.
A motion was made by Councilman ~ac[[illan, seconded by Councilman Kabler
thc,the matter be ~ost~oned, to be ~on~idered again in the future, and that
the Florida East Coast Railway Co. be requested to nroceed immediately on
improvement of their existing crossings. Upon call of roll the motion carried
u~nanimous ly.
~AY tSTH, 1948
The following six Resolutions, signed by owners of property fronting
on Fifth AYenue ~',~est, deeding 5' of their l~n~ for the coastr~ction of a
sidewalk, were thee presented and read as follows:
~SOLUTION NO. 691
A R~OLUTION OF T~ C~Y COUNCIL OF ~E C~Y OF DE~RAY BE~CH, FI~RIDA~ PRO-
VIDI~G FOR T~ CO~S~U~TION OF ~RT~IN SIDE~:.~ALKS IN SA~ CI~.
?~E~, a .need has arisen in the City of Delray Beach~ Florida,
for sidewalks to be constr~cted in that ~)art of ss id city generally in-
habited by colo~d person~ and
'~REAS, the City of Delray Beach, Florida~ desires to proceed
with certain side-~lk construction in ~e City of Delray Beach, said side-
wa~ constrmction to be made on a strip of land being five (5) feet in width
and lyi~ i~edistely East of the forty (40) foot right-of-way of N. ¥~. 564
Avenue and running paralltl to N. ~. 5th Avenue for a die. fence of two (2)
blocks from the Northeast corner of the intersection of N. ~?. 5th Avenue and
Atlantic Avenue, int~rsections excepted, A~ that strip of land being five(5)
feet in width and lyi~ i~ediately East of the fort~ (40) foot right-of-~y
of S. 7:. 5th Aven~e, and r~ning parallel 6o S. '% 5th ~ver~e for a distance
of two (2) blocks from the Southeast ~rn~r of the intersection of S. ~7. 5th
~venue and Atlantic ~lvenue, intersections excepted.
UOT, THE~FO~, BE IT RESOLVED by the City Council of the City of
Pelray B~ach, Florida, as fo~ows:
SECTION 1, That in consideration of the relincuishmcnt and con-
veyance to the City of De!ray Beach by the ~ro~rty owners of the above
described property, on ~ich a ~idewalk is to be constructed, the City of
Deh'ay Beach vdll make no special asmessments for benefits against the adjacent
property for the construction work to be d~ne, and said City will bear the
total cost of the construction ~c-reof. The City of Delray Beach also ag~es
that the set-back reouirement for fut~ construction will be no more than
5' from t~ sidewalk line.
SECTION 2. This ~solution shall he. come effective upon the proper
acceptance thereof by the owner ~ the hereinafter described property ~ieh
acceptance shall be signified by t~ execution of th~ consent and release
which is ~d~ a ~)art hereof.
SECTION 3. The oroperty effected b? this resolution is the '~est
five (5) fe~t of:
Lots 2 and 3, Block 28~ City of DRlray Beach, Fl~ida
(Signed) L. H. Bramnon
President, City Council
~T~ T: APPRO~D
(Signed) L. H. Bra~on
(Signed) Ruth R. S~th ~ayor
City Clerk
SEAL"
For sJd ia ~nsideration of +~e City of Delray Beach, Florida, eon-
strutting said sidewalk, and in the further cor~sideration of the ag~emant of said
~AY 18!TM, 1948
city to make no special assess--~ents for benefits against the property adjacent
to the above described strip of land for the construction'of said sidewalk
and for the city bearing the total cost of the c~nstruction %hereof, the
mnd~rsigncd owner hereby accemts tbs above resolution amd hereby re,se, re-
lease, convey and c~t-claim to the City of Delray Beach, Florida, for ~he
~se ~s a sidewalk, all of that portion of the above described proDerty as set
out in Sect,.on 3 of this Resolation.
W~ SES:
(Signed) ?~m. Robinson (Signed) w. B. Stewart (S~AL)
(Signed) Luster C. Albert ~igned) Hazel A. Stewart (SEAL)
STA~: OP PLO;¢i!L~
I H2~BY CERTIFY that on t~s day befo~ ~ personally appeared be~
~. B. Stewart and his wife, ~-~A~L A. Stewart to me ]~own to be the persons
described in and who ~xcutod the foregoing instr~ent and who acknowledged
before me that he executed the same.
~TIT}~S ~z ~nd and official seal at Delray B:-ach, Florida, on
this the llth day of May, A. D. 1948.
(Signed) Luster C. Albert
Nobary Public, S+mte of Florida
at lmrge.
My Co~ission Expires J~y 26, 1050
Bonded by American Surety Co. of ~'~. Y.
RF~SOU~UTIONS 692 THROUGH 696 SA~_~ AS ABOVE RESOLUTIOn[ '~'ITTM '!'HE EX~'PION
OF SECTION 3. The Property effected by this resolution is ~e ~{est five (5)
feet ~f:
RESOLUTION 692
~t ~1 ' w~ ~, Block 29, City of Delray Beach, Florida
(~igned) Earl Crowell~(Seal)
croton
RES OL~ION 693
Lots 1 and 2, in the North Half of Block 27, City of Delray ~each,
Florida.
(~igned) D. J. ,,Johnson,~tto'~ney-in-Fact
for Henriette Donaldson ,.
RES OLUTIO~[ ~O.
Lot 3, Block 28, City of D~lray Beac!~, Florida
(Signed) .'J,., A~ Stewart ....
~OLUTION NO. 695
Lots 50 to 33 inclusive, Block 29, City of Delray Beach, Florida
(Signed) Neil E. MacMillan
(~i~ned) .Nal!ie ~E. Mac~illan
~SOLUTiON 696
Lots 34, 39 and 40~ Block 29, City of Delray ~ach, Florida
(Signed.) Addi~ ~. S~d~
Upon motion of Connci~an Kab!er, seconded by CounciLman DeWitt, ~animously
carried~ ~ ~o~goi~ Resolutions ~os. 691 - 696, Inc., ~ere oassed and adopted
as read.
I~ a motion bE Co~qcilman ~ac}fi!!an, seconded b? Con~c~an Kabler,
~nanimously carried, Co~ci~an Kab!er ~s given authority to send night letters
to eight propert? owners in th~_s area, who have
them in regard to ~is ~roject.
Upon motion o~ Counci~an DeY~itt~ secoad~d by Counci~an Kabier,
carried, the City ~,.{anager was instructed to m~ve 6he bleacher~ at the Diamond
Ball Field to be used d~ring the s~_~er, with City forces.
~'?ith refer~nce +~ a~ Ordinance recently ~assed regulating the speed of all
boat~ passing through the Intraeoastai ~[ater-~ay to three miles ~er hour, the
Cou~'~c~ agr~d that this Ordinance was not intended to a~piy to small boats
ns~d by ~embers of th,s Boat Club, providi_~ tha? do not create a s~ficieat
wave to cause any damage, and ~rov~.d!nE the'~ do not crent~ a n~sance by not
~sing their ~der-water' ~flers.
?a~or Brannon advised the Cou~c~ that the lease pr~ared by the City
Attorney between !.he City of De~'ay Beach ~nd the ,~outh Florida Gladiola
Festival and Fair Association~ had been a~proved by that Association oroviding
the work "Eore" is inserted in the paragraph reading as ~o!lo~s:
"It is further agreed b~- and bnt~ee~ the parties hereCo tha~ in the ~vent
the above describ~d property is not used by th~ lessee for 6h~ puroose set
~orth above~ or if the lessor ~eeds a~',d ~ishes said propert,+~ ~or a "mo~" ~orthy
civic, public or charitable onroose, then this lease maTf be terminated by the
lessor by giving notice a~ set forth above."
The insertio~ of this word ~as aporoved by tH~' Co~nci!.
?AY 18TH, 19!~
Coo~ncilman MacMillan advised the Cou~cil that he and his brother
are willing to sell Lots 1 to 6,inciusive~, Block 51, which they own jointly,
to the City for the appraised value of ~ 1,500.OO, subject to the cancel-
lation of all i~?rovement liens or assessments sgaLnst the ~roperty,
amo,~nting to ~> 988.95, which would make a total cost to the City of ~2,488.95.
Councilman Kabler felt that this would not be accenting the appraisal
of the Realty Board of ~ 1,500.O0 on this nrooerty, which the Council voted
to accept at a previous meeting.
Cot~ncilman DeWitt then stated that the City ¢]efinitely needs these six
lots, in his o,~inian, but the question is the ~ethod of obtaining them. We
explained 6hat the former City Attorney, representing the City, bad been in-
structed to bid in this property at a State sale, at which time Mr. Mac~[illan
had bid against him and secured title to the property. The City had been
anxious to obtain these lots at that time, so that Block 51 might be used as
a public building
Coomcilman Mac~i!ian denied any knowledge of the City bidding on the
lots at the time he poa~chased t~iem, and stated that he was not ur~'!~ng the
C!.ty to buy the property from him, but he was only asking for a definite
decision as to whether or hot the City wanted Lhe lots.
k~o action was taken at this meeti~.
Council then adjoo~ned.
(Sisne ) uth S th
City Clerk