05-25-48 MAY 25TH_, 1948
Regular meeting of the City Council of thc City of De!ray ~each was held
in the Cooz~cii Chambers .-~t 7:30 P. ld. with ~ayor L. H. Brannon in the Chair,
and City Attor~ey John ~{oo~, City ~ana~er Charles E. Black, and the following
Counci~aen pres~nt: )..~. }g. De~?~itt and John N. Kab!er, a ~uor~ being ~resent.
~[r. F. B. McNeece, Chairman of t~ Golf Co.~ittee, submittal, for the
a~Drovai of the Cou~c!l, a contract with ~fr. Ralph Stewart as Golf Professional
and ~anagar of the Golf Co~se Co~tr..' Club House for a t~rm of one year from
this date, which was read ;~s follows:
"~IS CO~TRf~C~, ~,~ade and entered] into this 24th day of ~{ay, A. D.
1948, by and ~tween the Cit~ of Delray Beach~ Fiori.da~ a t~u~icJ, ual Florida
Corporation, party of t[~e first part, hereinafter referred to as ~,~e City, and
~LPH S~'~TART, party of the secon tart,
~.'I~Sf~l:~: For and in consiteration of One Dollar (gl. GO) in hand
paid each ~ the other, t~e receipt whereof is hereby acknowleclge5, ~n~ for t[~e
further consider:-~tio~ of the mutual ~romises and b~nefits he~in contained, it
is mutua~ly agreed by and between the parties hereto as follows:
1. Ralph Stewart co~enants and ~grees with the City t~at he w~ !1 act
in capacity as Golf Professional and ~,{anager of the Go~ Co,se Co,retry Club
House located at the Delra~' Beach Municio~l Go~ Course, for a period of twelve
(12) months, from ~ay 25, 1948 to ~ay 25, 1949.
.2. The City agrees that all concessions at t~e Co~lt~ Club Wouse
shall be operated and maintained, an~ the profits defied therefrom shall be
ke~t by Ralph Stewart, ~rovidec] however, ~.hat this shall aop!y only to those
concessions which are ooertted during ih~ regular hours that the Co,mt~f Club
House is ~<ept teen for g~lfing purposes, and she ! qot aon!y to any concession
operated aftr~r such ho~..s when the Country Club House is rented by the City,
and that any fees collected by Ralph Step, art for his services as Golf Professional
shall also be ke:~t by him.
3. Ralph Stewart oow~na~ts and agrees to purchase the car]dy carts now
owned and operated bM the City of Delray Beach, from said City at the Drice
equivalent to 50~ of the original costs of such carts.
4. Ralph Stewart f~-ther covenants and agrees with the City that he
will ooerate and maintain the Co,try Club Hous'~ to the satisfaction of the Golf
Committee and the City Co~ncil, and +~at he will contract with and Gay all em-
ployees for the operation of and the cleaning of said Co,try Club House¢ exceot
that he shall not be responsible %r ~e cleaning of +~e Country Club House when
said Club House is ren~d by the City after the regular g'3lfi~ houtrs, as afore-
said in n~ered paragraph 2.
5. 'Raloh Stewart further covenants and agrees with the C~ty that he
will hire some responsible oerson, at his own expense, to assume his duties ~nd
obligations between the present date and September 15, 1948, such ~erson hired
to be acceptable to the Golf Co~ittee and the City Council.
6. It is expressly ~derstood and agreed by and between the parties
hereto that Ralph Stewart ~ill receive no compensation or remmneration from said
City, and that all profits or comoensation derived or received by him will be as
'- a result of th~~ concessions ooerated by h~ and by his earnings as a Golf ~ro-
fe ssional.
7. It is f~-ther exoressly a~reed by and between the ,arties hereto
that the City will receive all ~reens fees and all membershio dues from the
~Y 25~H, 1948
members of the Del:ray ~esch Golf Association's, said fees and d,aes to be collected
by Ralph Step,wart and transferre~ to ihs City D~nager of the City of ~elray ~eac~
Florida.
',I~ the parties hereto have se6 their ~'~ands and seals
the day and ~ar first above written.
CItY OF qELR~Y BEtC~', FLOt{IDA
qY: (Si~ned) L. ~. Brannon
~ayor
AT ~EST:
(Signed) Ruth R. Smith
(Si~ned] A. L. Greenwood City Clerk
(Signed) S A Barton (S~;ned] Ra!oh ~tewart
BY: ~!lan Stewart ~ttoraey in ~act.
APPROVED
(Signed) John ~oore"
After consideration, a motion was made by, Co:mci!"~mn D~- ~+.+~ .... , seconded by
Councilman 7,(abler, that the contract be ao~roved as recoa~ended by the Golf
Co~ittee, and that the ~yor and City Clerk be instructed to execute same on
beha~ of the City. Upon call of roll the motion carried ~animously.
~r. }~fc~leece explained to the Co~c~l that the construction of three rain
shelters on the ~lf Course would cost approximately ~ 1,O00.OO,and that the
l~er dealers would be ~iling to furnish t~m material, amo~ting to about 50%
of this cost, if t~ City could furnish the labor to build the~'p. He asked if
the City could spare one laborer to work with ~r. Cleo Johnson, Greenskeeper,
to construct the shelters. He ~%her stated that Contractors est~ated~the
cost of construction alone would be ~ i75.00' ~r shelter.
After discussion, a motion was m~de by Co'<nci~an DeWitt, seconded by
Council~n Kabter, that the City f:]rnish one laborer for two weeks to work ~ th
Mr. Johnson to construct the rain shelters. Upon call of ro~ th motion c
carried ~animo usly.
~.~r. ~,[cNeece then advised the Council that the ?en's City Championship
Golf Tour~a~ent had just been finished, and th cu~ would be awarded on S~nday
~ ~ay 30th. He invited the Council ~nd City officials to come out for the nresen-
tation, and 8sked 6he }:~%yor Lo present th~ cup to the wirmer of the Tournament.
The ~'~ayor ~na~':~ked~,r ]~cNeece and stated that he ~ould be h~Dpv to be khel~.
The Clerk was .instructe~:~ %o vllrite ~[r. vial, owner of a coY'~er lot at Andrews
Avenue and Vista Del !far Drive, reouesting him ~:~ have fha !o~ cleaned off, as
i6 has ~rown un ~',~%h bushes and trees to such an extent as to create a nuisance ,
and hazard 6o adjoining propert>?, it being understood that the City can clean
the lot and assess the cost against tha oroDerty if not taken care of by the owner.
~'.'~.'~Y 25r~, !9l~.8
?~r. ~. ~ruce Puckett, from the audience, advised the Council that Yr. Charles
Crane of the Br~ach Property ~hers Lea;'~ue had worked on a plan to spot lots in the
City which needed c!ear~in?, ant suggested that the City Manager obtain his ilst if
pos~ib]_e, in an effort to clean off ce~tain lots that are ~sight~v, esoecia!].y in
public ~laces.
~e City Manager was instructed to check further into the possibility of c!aa~-
ing off these mnslght!y lots.
City ~anager Bl~ck advised the Co~anci! of +~e need for a sickl~ bar mower to
use on the Golf Course tractmr, stati~ that ttn~ tractor co~d be used with this
extra e~uip~nt on ro~h areas in City Parks and for road sho,~lders, as well ss
oa the Golf Comrse, explaining that-the small Grsvely mowers will take care of
small areas, in the parks, ets., but are not ~ufficient for large areas. ~e
cost wo~ld be a:o~roxim~tely ~ 315.00 for a hand model an.~: lift, arid ~ 415.00 for
a hydra,lc lift.
Correct,an De~.?itt reeo~mended that one man ooerate the machine at all tin, es,
' ~ - ~nd road
and that the sam~ macho_ne ~y be nsed on Ci+~z Parks, 6~e Athletic Wield,
shoulc~ers, as well as on the Golf Course.
l~[r. Black also stated that he had recieved offers from two c~cerns 6o sell
com,!ere new Tractors with sick]_e bar, mower, broom and bla~]e, on ti~ payments,
and that he fa!t a co~pleie new ~it weald be most satisfactory.
After discussion by the Co~acii, ~[r. ~!ack was amthorized to try to b~ the
sickle bar he new, ds for the present Golf Course Tractor on terms, with a p~rtia!
payment down, th: balance to be enid after October 1st.
?~ith refe~mae~.to a street repair progrt, m~ City }~[anager Black advised the
Coat, ct! t~st the Ru~in Construction Co. of [':est Pa~ Beach would le~! and re-
surface 18' streets for an average of :~ 1.00 'ocr fo~t, ~r~d 24' streets for ~ !.30
per foot, oroviding they were g~_ven a contract for at least * 2,500.00.
Co~c~.~an [[abL::~r s~gested that the stretches that can be resurfaced and
~de t:~ last for another year be wo-~'ked on n:~w. feeling that the City can not
borrow the money ~ carry out a ~mplete ~rofram, and m~st do only what can be
mone with the present budget.
City ?anager Black further advised the Comnci! that for oiling the Streets
~ne will either have to hire the e~uipment or purchase one of the tractors he
ment~.oned, with which he could scarify and rework the streets and spread] oil on
them, which would Aast for pos:~ibly two yc~ars, lie felt that the City Should
either borrow the money needed~ a~-*ainst next year' s budget, or wait ~til October
1st to do the work.
Upon lmco~aeadation of Mayor ~ra~noa, the City ~anager was instructed to
in~te two or three Road Contractors to meet at a pubic meetin~ with the Co~ncil,
to try and ~ork out '~ elan whereby the street resurfacinf pro,ram co~d be carried
out this s~er, the cost to be included in next year's budget.
Uoon motion of Co~mcilman ~abler, seconded b.v Counci~ D~Witt, ~anJ~ously
carried, the City [~ana~er was instructed to oublish Notice of Sa]_e of certain City
owned property, bids to be received ~til 4 P. M. on Jmne 15th, to be opened by
the City Co,~ncii at 7:30 P. ~. o~ J~a~ 156h. 1948. Bids m,~st b~ accom,anied by
certified check or money order in the am~:~un6 of 5~ of th~ bid, and the City Co~ncil
will reserve the right to waive a~y or all bids. The ~otice was orc~ered to be
published in the Delray Beach News in the issues of l~[ay 2Rth, ,Irene 7~.th and J~e l!th,
!9748. .
!~.~AY 25TH, 1948
~Jith referenco to the printing of th~ City Ch,~rter and bringing the City
Code u~ to date, which was started several months a~o, the C~.ty Yanager was
instr.~cted to coatiame with the ~r~ntiag of the Or~]!naaces to correct the City
Code~ but to hold th~ printing of th,~ ~ity Charter in abeyance, pending a re-
port from the Co~ittee working ca th~ drafting of a new City Charter.
The City ~[anager was instructed to have the heads removed from ~arking
meters on si~e streets, which are not bein~ used~ and h'~e them stored d~r~'i~
the s~er months, leaving the meters in o~eration only on the main blocks of
~t!anfic ~venue.
A lefter fro~ ]¥[r. Samuel Ogren with reference to an agreeme~t ~de with
W. B. Stewart of ~est PaL~ 7each, re{~rd]ng a five ac~ tract of land north
of N. ?~. &th St. as ~fh .{~enue, ~s read as follows:
"]~ay 25, !9~8
The Delta? Beach City Co~cil
De!ray Beach, Fi~.
~at!emen:
?{hen I was connected with the city as tax asse~sor I dis~'~overed one day
that a colored man bM the name of St~arf, who I ~mderstood is ~riaci~al of a
West' Pa~a Beach Colored School had ~urchased a !0 acre strip Ndrth of north
4th Street. Since this placed him in the white s~c~sion I ca,ed the attention
to the eomacil at that t~e. They, and the city at~.orney~ Jim Now!ia, instrumted
ma to deal v~th him. Afar so~ discussion his accepted ~ro~osal of mine that
he would deea the city the ~st five acres if he were allowed to ~ut on a colored
subdivision of the West half of five acres. The city accepted this and acee~ted
his dead for the East Five ac~s. T~ colored sub-division wo~d be i~ediately
north-east of the colored school.
Yours ~ery truly,
(Signed) Samuel Ogren"
~e City Attorney was instructed to determine how the existing Police line
can be ~established to ~ermit the construction of colored residences in this
tract, fn accordance with th~~ agreement made with Mr. Stewart by th~~ Cit~.
A request for the rezoning of Block 80 from an Apart~ent ]{ouse District
to an Industri~! District, filed by ~r. C. ~. Garner, was ores~nted bM the City
Yanager~ as follows:
,,May 24, 194~
To
T~?e C],ty Council of Delra~ Beach,
C~ntlemen:
¥[e hereby mske applicstion to h~e that ~ortion of Block 80 lying west of
the right of way of the FEC Ry. changed to conform to the zoning requirements
of adjoining blocks abmtting the rs~lroad ~ight of wa~, that is. t6 Industrial
~!Y 257~, i9/~8
At the time a cha~e to industrial was beiq? monsidered for these blocks
. ~h~ cnan_e~ and thought +hat was d:-ne. ~ow
facin.a the railroad we agreed to ~ a ' .~
we are =ur~risc~ to learn that all the oro~erty but ours -~s zoo.co for industry,
and ours is designated "Apartment". That~ of course~ rend~rs our prou,erty
salable, for no or~e is goin~ to build apartments right next to the railroad
tra c k.
A ne~ed local industry is c~nsid~rin~ the purchase of the ~ro~e~y; they
c'~ ~m e~c6 buildings thereby increas~n~ the tax revenue to the city; but of
conrac thav~ w~]] ..... only ta~.e it ~mder an "~"=~"~,._=~=..~ zoning.
Since this is ir~ +~e nature of a correet~.on of a former edict, an~ not a
new request for rezonin~ in ~ ~ ..
oh~. ordinary sense, we hooe you can ~zive this i~med-
late favorab!a consideration.
York's very tru]_y~
De_,_ra;~ L,~ber ComDany
( _~ . ~ ~. Garner
President"
Mr. Garner, ~ing present, ez~lainad Lhat he be!loved this was
Apartment House 9istrict on ~qe zoning ~ throug/~ an error in colorin~ ~hc ma~,
as the ~a~.~ ~oard had rcco~'nded t~t the entire area along the west side of
the railroad, includin~ ~lock 8~, be estab!ishad as an Indastrial area, and he
had never been notifie~ that this Block w~uld be changed later to an Aoart~cent
~touse zone. Mr. C~rner asked theft, as it was obviously an error in making the
zoning may, the Coaacll pass an emergency Ordi. nance at this meet~_na to correct
the error.
It was the consensus of o~iaion of the Oo~qcil that no cha~e should be made
w~tno~t referri.~ it to the Zon~_ng Board.
A motion was then ~ade by Couac!~aa De!~itt~ seconded 5y Counc~an Kab!er,
that an emergency meeting7 of th~ Zonin~ Board be called, to be held
on ~%dnesday~ t~ay 26~h~ to consider this ~,~uest for a cha~e in zoni_ ?;.
call c,f roll the mo%ion carried mnanimously.
The following Oral!nan':ce was then broufht u~ for s.~cono and ,final readJng~
and same was read in full:
T~ ~T ~
S~ ~~w (2) OF PA~A'7~P}{ (c) OF S~CT~ON 7 OF CF~P~ Y~ OF ~E CT~Y CODE
OF 9ELRAY B=ACH, FLOR~A, P~LAT~IG TO ~ P~C%%ATION OF ZO}IINa.
BE IT ORD.~I~D vY ~E .... CITY C~INCIL of the C~*v~. of Delray_. Beach, Fqor~da,~_ ~ _
as follows:
SECTION 1. That sub-paragraph (2) of ~aragraph (c) of Section 7 of Chapter
MX of the City Code of ~elray Beach, Florida, b~: and th~ same is
hai"eby amended %o read ~s fo~ows, to-wit:
"One two-family dwelling may be constructed on one lot,
vrovided thc two ~mits of such dwelling are separated
by an ,~pierced ~son~y fire wall, and further orovidad
that such lot shall contain a ~nim,~ of 7500 souare feet"
~J[AY 2 5TH, 19L.~8
P~SiED_.~n Regular.. Session on second and final r~amznge 7. on this the
25th day of.,,~.~a ~' .¥~,
Co~ci~nan Kabter sta~eo that he was o~oosed
lot instead of a 50' lot wou~ be re-uired to con~;tr~ct a duplex building,
prohibiting t~m b~zilding of a duolex bt~ildiaz in a "B" Zone.
M~'. P~ckett, a member of the Zoning Board, stated that he did not t~ink
the Zoning Board
, zea_zzea it wo~d be ~r~just +o many people, and believed the
Ord.inaaca shoed not be rnasscd wi/hoar further study.
No action was taken on the foregoing Ordinarme, and it was referred back
to the ZoninE Board to be reconsidered at the emergency meetiaE
~,~ay 26th.
The following Ordinance ~s then brought up for first ~ading, ~n5 same
was read in full:
AN ORDIN~.NCE OF 17{E CITY COI~ICIL OF ~ CITY
OF DELP~IY BEACH, FI_O~:~ID/%, .REZONINO LOTS FORTY-
FO~m (g&), WORTY-FI~ (~5) ~TD FORTY-SIX (/~6),
BLOCK ONE H~D~D ~NTY-FI~ (1~5) OF ~ CI~
OF DEL~Y BEAC~t, FIDRIDA~ FRO~.{ AN _~PAR~?T
A motion was made by Counci~an DeWitt, seconded by Co~mcilman ~sb!er, that
the forego~mg Ord,_hence be olsced on f~rst rea4~ng, and uoon call of roll carried
mnsnimously.
~he following Ord~.na~ce was then presented for first
rea _~i~g~ and same was
read in full:
AN O~:tDIN~?~ OF T~ CITY COL$1~IL OF THE CITY OF
DEfrAY BE,!CH, FLORID,q, ~EZONINO T~ NORTH H~LF
(N ~/e) O~ LOT ~',~¥TY-~mHT (eS) LmS 'r~ E~ST
~'?O H~D~D FEET (E. 200) T~REOF, ~%~.~ T~ NORTH
HtLF( t/e) OF LOT mT
?~.~TY-SIX, .~.~ LOT ~NTY-SE~N (27) ~S ~E
EAST T?O H~IE'~D FEET (E. 200' ) ~EREOF, OF SECTION
~o-~:-~n ~6 SOt, TH 2A~g~E &3 =:A~T, FRO~.~
~SIDE~!CE "A" Z.0~] ~O SPECI.~L HOTEL ~
DISTRICT
Upon motion of Co~ci~an DeWitt, se ~.:.ndea by Co,clean Kabler, mnanimously
carried, the foregoing Ordinance was placed on first reading.
In a motion by Co~ci~an DeW[.tt, seconded by Counci~an Kabier, bills
tota~ng ~ 58,570.33 were approved for ~ayment, stibject to the aporova! of the
Finance Co~i~.tee.
Co,mil then adjourned.
(Signed) Ruth R. S~ith
City Clerk