06-28-48SpMtg A Special Yeetin~ of th~ City Comm..c{.! of the City of De!ray 8eac!'~. was h~ld
i~ th~ Co,~nci_! Chambers at 9 A. !.[. ~t~'h~' r.?.~est of Co,~ci.!ma~ Ka?,!er, to
consider the proced~re of th,~ sale of CJ_ty o~..'~neO ?roperties, a~d fo~.' s~? other
necessary business~ with Vice-}..'ayor }..{. fi. De~ itt %n the Chair, and Cit.5; ~tt
Joh~ lJoore~ Cit~. )la~'~ager Charles ~. Black, a~d th.''~ fol!a';~i.,~g Co,~ ,~}{_}.me~
John ?. Yabler, a~d ~e%! E. ~[ac~{iilan~ a '-uo~.~'a helng
Vice-},~ayor De~1~!%~t explained t~}a~ th~.s list of ?Poverties had be~-n adw.~rt{sed
for ~ublic sale for a ~eriod of two we~-~ks~ a~-~d s~aled bids were received and
p:~b!ic].y o~,~ned on J,s~e 15th. The bi.ds rec~,~ived were all too low for the vsl~e of
the pronerties o~fered, and .w~lre rejected by the Council. ~t this ti~e s
l, geeti~g had been scheduled to be he!~ ~n June !7th at 2:30 P. ~?. ~ncl me~bers of
P.~}a!ty B~ard had been asked to ~-et with the Council, to establish min~.m ~rices
o~ th~se ?roperti~s, ~ich w~uld t~'~.e~ be listed with Real ~stata Brokers ,,'~ho wo..'~ld
be ask~,d to coooerate i~"~ t~ sale of the !a~'-~d.
Counc%l~an ~fabler ~uest[one~] the r~ethod of ~':sta~lishins t'oa ?r~.ces, and ~!so
askec] t~at it be determined if th~ nrices n.it on the different nro?~'d~es }and
apnroved by the Coat,cji.
?r. S. E. Bard, a mer0ber oe tho Tax ~dv!_sor? Cor~mittee, rec:'~m~ended that Tax
Vsiuations in the Assessor's office, ~e ~sed a~ a bs::!s for f!~ing selling nrices,
contendin? that t~e price~ set b the Cou~ci]_ s~d the N.e~!ty Board were o,~t of
!inv~ and too low compared with t}]a assessed va!uatioas of the properties, a~d that
sm'foreboding .properties would have to be red,iced to conform to these se].!i.n~ prices.
T~e ~nutes of th;: meetings of Jm~e 15th and 17th weYe checked at t~e ra'~est
of Mr. Kabler~ who stated that he did no'h think the e-~.ices placed on the ~,rooarties
by .the Council and the Realty Board had been accepted of°iciaily, as no r~otion h d
been made to a~prove this action.
Mr. R. Bruce Packett, ~Drese~ting-Dr.-~T.- L. Thermos, who had made a deposit on
the F,~n'chase of Lot 13, 2lock 9, Dell Park, in ~ood faith, stated that Dr. Thomas
had gone to considerable expanse in clearing the lot, in making plans for the
construct[on of a house on the !at,' and' that hb' considered it was too ]_ate for the
Com~cil to rescind its action.
~[r. Pa,zl E. C-tingle, a ~aer~b~r of t~ Realty Board, e:x~}!ained that the
Board had been called upon to help estab~sh these srices~ and they be.-~ acted in
faith in trying to ~ive fair appraisals for a ouick sale of the proeerty. }.fr. Crlag!e
explai~ed that he had secured bids on several of the properties owned by t',~e City,
a~d deposits ~d been made at the fixed erice, and he did ~ot feel that he sho,~ld
have to ask his clients ~o withdraw these bids ;~ade in good faith, bu~t thok~?ht
the City should go through with the sale of the ero~erties o~'~ which cleOosits had bean
made. Mr. Oringte offered to ~ive back receipts for deeosits which he hoc] nersons!ly
.made on fomr lots in Rosamor~t Park, which acljoin property he now
}ir. D. Welville Carr, as a member of the Realty Board, stated that h~: did not
aporove of this ~-~thod of saltin~ City owned r}roperty. The Realty Board hud not
appraisals ~f the lots, as they had bean asked %o fix a atica for a ~ick s~]_~, that
wo,x!d nat the ero~,,:~rty back aa the Tax R}i].. He reco~ended tha-k tho nronertv stilT_
for sale be withdr~w~ sad sold at nub!lc auction at a later d,~te. ?'r. Carr cli~{ ~ot
think the City s}'~ou!cl back o.~t of the contracts a!readM ~sade, as denos~ts ba,~ b~
made i~ good faith.
J[~E 2~TH~ 191.,8
City Attorney Uoore was riot of th~ o~.inion that th~ Commil sho~ r~sci~
~ He ~ ' ·
.... a....d no5 consider th,et d~+.~ the
t~ ~ owri ac .... .... ~ ....... or~ purchase of the m~o~ert~s
hgd bear~ accepted in error, but that the listing of the ~ro~rties wz~a the
Real Estate 2rokers had ~en done as an action of th:*
lfter further discussion, a motion was made by Co,znci~an Lacr,,~ztl n~ seconded
by Co~ci~an Kabler, that the City Atto r'?~,~y be asked ~ render an opinion to
the Counct! as to wh~.,ther a legal contrac5 had b~,cn made where devosits had' beon
made where deposits had been accepted, and that all other m'o~arties be with-
drawn from the mo~,~et zmtil this o~inion was re~m~u'ed. Also ~ ~ zLqtil
time as th~.s opinio~ of the Ci[;~r Attorney is rendered, the City' withhold from
oalxve~ng any de~ds. Upon call of roll the motion carried mnanira~us!y.
Iff. Ralph Prismeyer, who had made a deposit oq an offer to auto}rose certain
of *
~heoe City ovmed nroperties, offered to ret~rn his deposit ~ceiot
Combo':i! felt it sho~t!d rescind its former action.
Co~c52man [sbl~,r then stated th?. he felt that the v~ho!c: matter should be
w!thdrav:n, and new nriees ~t u~ for selling this pz"operty, based o~ th~ following
fa ct s:
1. The method of appraisal was no~.; correct.
2. Bi~o~r~rs clier'~ts were ~va~ ..... first p':"c:farar~c~. ,_
3. ~vo ~urchasars of fei'ed Lo r~.tuyer~ deposit
~,. There were member's of the Counc[! who did r~ot approve of th~ prices set,
or the listin~'~, of ~h:e property.. .
l~r. Kabir~r further stated ~ '-~ ~.. '
.... ;~,t if the City Atto~?ncv sao~d co~asider it legal.
he w u!d still vote against it on the basis of his own aa~'.'iect aa a Co,xr-~ci!man~
that he did not intend to see .... the CJtv,, lose baca. ~se of his o~n ~eg]i~'~:ca. ,'
A .S~ecia! bYeeting of the CitM Co,mci1 was thc, a scheduled f;o be l]e!d at !0
o'clock on Tuesday, ,!une 29th, a~ which *' a . .
u~., the City Attorney wot~!d render n~.s
con,~ract~ for the s~]~
opinion, as 'to the. legality of the .... entered, mnoo' * ..... of this
City owned l~roperty.
Upon motion of Co~mciLman Kablar seconded by Comaci~an 3,~aclJiilaq, uqanimouslv
carried, the Clerk was instructed to notify thr~ local newspaper of all meettn~ of
the City Co,mi!.
A letter from the Chamber of Cora~u~ce was read as follows:
"Chamber of Comm{~'cce
~c]
De!ray Beach, F].or~__~a
,June 29,
Honorable L. H. Brannor~ ['ayor
CJ.t~r of De!ray Beach
De!ray neach~ Fto~ida
IJonorable Sir:
At a meetir~g of the Board of Di~mctor~ of the Delray Reach Chamber of
+ !! stores close on ¥onday,
Co~'.w~¢:cee it was tmanimous!y voted to r~co~end tea. a
.ruly 5~ 197~,... in reco?r~itioa, .. of 6h.n 4th of ,Iu~y_~ ~b.~c,~ fa!,~. _. oa S~qd. ay. th~s year.
:...;e w:',~a~o~,~c,~u~. .... '~" ....... ~t if ,.YOU car~ se~ your. way:. clear to is:;,.t~ a r'~ron~t~.on._.
/
.!.U?FE ,°$T~, i?1..8
declaring JuCay 5 a holiday and would appreciate you. fur'nishf, n~ a copy of any
such oroc]_a~s+,{.o~l~ %f ~ ~ ~
/S'~ ~r,ed} Herbert
S ~.cr: ~..a r'y'~
" " n :~econded by Cou~,:~lman
A r,~otiori was ,'nade .by Commi.].r,mn !iack;~!:a, , , _
~.~u thc: Council comr~iy w~+h the request ~ %~ Chamber of Corm'r~e:rae~ and %hat
a Proc!amat[on be [ss~zed by the Ua~'or des~gr~at~ ~-,g ~.'onday, ,ful'.r 5th, as a
f-bliday. Upon call of roll the mot[on carried uqanimously.
The C}uncil was advised of a rnouest by J. T. I~,:facMurrian for a Spncla!
· ~,. ~,-~ ~ . . ·
P~rmi~ ~o co~is~ruct a s~or.m b~[azqS on .;..s~ .~5!an::lC ,~ven,..Le~ w}ich is 1. a a
Special Ausiness Zor}e¢ with ¢2 cci!lags, insteao ~.,~ !2~ ce!lings, as re~ired.
...... ..,eot Atlantic ~.venq~,
The advisibi!ity of cltamzing ~e zen%ag of '" ~
Business zone, to allow., construction si~i!ar +~ bmildings, already the~ was
discussed. Com~miLraan Nabler reco~endad thnt th~ zoning be kept as a Sr~ecial
Bus:ness District, and an excaotion made ia this case, and in all similBr cases
[n this vicinity.
Upon ~not[or', of Counci_lra~n !.~acMillan, seccnded by Comnc~]_~n Kab!er,
emero'eqcy wa..:, dcc!arad bM the Cern'mi. 1, snd ~r~ penuche% ~as ~ferred ~o th~
Zen!ne{ Roard for cnfisldaratinn, th~ Won4n~ Roard to b~ ~-ecue;-;ted fie also cea-
sider ~'~
,ue rezon%ng of :?est Atiant¢c Avenu~ as a whole to a Ceneral ~us~mess
Zone to conform to zoning on Atlas.tic 4.venue east of Swlnton Avemte. Upon call
of roll the moti..on carried mnanimous!y.
A fora of,:~¢a_ ~ ] notice, adv!s~rm ...... of the raeetf, n? of the Equalization go..ro
to be held on July 12th, v;a,: nre:~a~taa a:~ follows:
"]{oti~t{: is ~ereby given to oroperty miners in th~~ Cit? of De!ray ~'~aeh
assessments are now com~g_,ated for th~ year of !97~8. nwners rr,ay !~arn the
--~--- ~-- ~trl~.: office of the ~ax ;~ssessor~
of their a;,~,.;~smen,b by writin¢ to or ca]_l~n~ at ~' -
in ths~ City f-ra!l.
T¢ . Board of E~ualization will meet on %he second }~ondav 4n ,T,~v,
twelfth, ].94.8. Ail persons 6wn~.ag property , real or ~ersona!, in the O[[.Y of
Deiray Beach shall have the riEht to appear '~forc such Roard o¢ E¢:ua!i'zaL!on
and be heard by aooo[ntmnat, upon filin~ of a written comolaint with the C4+v
Clerk o~ or before the 2nd ,.,:~. da~. in Ja[~, and said ~ ~t'.c] sha]~ remain in sessfoa
from day %o da~ for as [~ng as ~ay be neee~:~sar~ to baar such com~].ain%s and ~o
eoua!ize and ravise such assessments~ r~'~'ovlded ~h :., the sa!o ~oard shall not be
reouired to remain in session for ].onma'r than shre~ s~lccessive days
~is notice is ?iven in comDiiance with Section 76 of the City Chartm~.
Tax ~SSOSSOF"
Upon motl on of Council, an Hac},{i].!a?-b seconded by Councflman ~r.bler~ ma,nimbus]%
carl-ied~ the Clkerk was instructed Lo n,lb~sh the notice as read.
JULY 2:3~ 1948
City Attorney ~/'oorn aav.ls .d [;~e Council *'-t he and Lr N~w!.ia ~ad been
stuu-~'-~-~g thn finanei~ of s Beach reconst~'~ction profram, and had deter~aed
that it co~d be wpr]~ed oLtt by the issuance of Revenue C~rtificates base~] on
6he ..... ~ncome fr'~m ..%!_lty Ta~es In this way an election w ,~3~ ~o~ ~ be _ u~red~
but Ce?tificates w~ld have to be is~lnd in the usual fol'm and b~ validated
by thn Courts.
After discussion by th~ Comncil, t~ City Attorney ~'ms instruc/~d to set
up the lethal, machinery for the i~susnce of Revenue Certificates as outlined, ~n
a motion by Councilman Uac!{i!!an~ secoaded by Councilmen Eablo~.~ and ~Don call
of roll ~animously car~'ied.
The City ~ttorney ~vas instructed to p~'epa~ the necessary Ordinance fo?
pa~sage at the r~ex6 meet{m~[ of t~~' Co.mcil~ to Di'ovide for a ~'e-re ,istration
of c~m!ified voters.
The City ~;anager was a~thorizcd to ,~m~o!oy a caroenter ~or one week~ or as
long as new, dec], to cor~struct rain sh~nlt~rs on t~ golf Course.
, City Clerk