08-24-48 AUGUST 24TH, 1948
Regular meeting of the City Cour~cil of the City of Delray Beach was held in
the Council Chambers at 7:30 P. ~;~. with ~ayor L. H. Brannon in the Chair, and
City Attorney John Moore, City Manager Charles E. Balck, and the following Council-
men present: M.M. DeWitt, John N. Kabler and Nell E. MacMillan, a quorum being
present.
Mr. J. Raleigh Fountain, representing the Co~n~nity Recreation Association,
addressed the Council, presenting an esttmsted budget and Recreation program for
the coming year, and stated thst their proposed budget had been drastically cut,
and they felt that the least amount they could operate on would be ~ 5,500.00.
Mr. Fountain explained that they had been operating on constirubitons during the
su~mmer, but he felt that while their program was approved wholeheartedly, this
source of revenue was exhausted. Petitions signed by 176 citizens, 60 of whom
are freeholders, and 166 children who have enjoyed the Youth program carried on
during the summer, were filed, the petitions reading as follows:
',We, the undersigned, approve and recommend for aporovat by the Honorable
City Council of Delray Beach, the adoption of some form of permanent Youth Recrea-
tion Program under trained leadership; the. organization and financing of same to
be provided for as the Honorable City Council sees fit: the purpose being to
provide orgaAized, wholesome recreation facilities for the youth of our community
of grammar and high school ages."
The decrease in juvenile delinquency since the Youth Center has been operating,
and the necessity of training teen-agers for worthwhile living, were stressed by
Mr. Fonntain, and he asked that the request of the Recreation Association be given
consideration by the City Council.
Mr. John K. NacNab, President of the Chamber of Commerce, then addressed the
Council, outlining the progress which has been made by the Chamber of Commerce,
its increased membership, and the services which they expect to give which ~ll
benefit the City as a whole; and asked for as much financial assistance as possible
from the City to carry on their program.
Mr. Ed. H. Pendergraft, President of the Jr. Chamber of Commerce, explained
their program for the coming year, which would require additional financial assJ. s-
tance from the City, includi~g their Softball program, Boat Races, and their Third
Annual Fishing Tournament.
As the Library Association had asked to be given until the following day,
August 25th, to file their armual report and budget for the coming year, a special
meeting of the Council was scheduled to be held at 3 P. M. on Wednesday, August 25th,
and representatives from the. Chamber of Commerce, Jr. Chamber of Commerce, Community
Recreation Association and Colored Recreation Association, as well as the Library
Association, were asked to be present at that time.
Mayor Brannon then announced publicly that request for financial assistance
from different organizations to carry on their programs for the coming year, amount
to ~ 16,374.00, and that much additional tax money would have to be included in the
operating budget of the City. He asked the cooperation of the citizens of the Town,
in order that Delray Beach might become the City we would like to see it in the
near future.
2O
AUGUST 2&TH, 19&8
Hr. Edgar Wortman of the Palm Beach County School Board appeared before
the Council to request the extension of City water service to the new High
School building which will be constructed this fall between De]ray Beach and
Boynton. Mr. Wortman stated that after making a survey they had found that
the Delray Beach water supply is nearer the school site than any other supply.
He explained that at least 35 pound~': pressure will be required for the type
of fixtures specified, but he could not extimate the amount of water which will
be needed.
Mr. Wortman further sta{ed that the School Board would be considered only
another customer, and would pay for the water used by the school. He asked that
water be fua'nished as soon as possible, at least upon completion of the school
building.
City Manager Black estimated the cost of pipe line extensions to the school
site to be $ 1~,000.OO to $ 20,000.00, stating that a 10 inch line would be
required from &th Street north to the City limits, and from the City limits an
8 inch line, or at least a 6 inch line would be needed to provied fire protection.
The question of beir~ able to obtain the pipe needed, and the possibility
of increasing service along the route of the new line were discussed, also the
possibility of State and County assistance in laying the water line beyond the
City limits, which Hr. Black extimated would cost apnroximately ~ 5,000.00.
The Council assured Hr. Wortman that a study would be made of the project
immediately, and he would be advised whether or not the City would be able to
furnish water for the new High School as he requested.
A letter from Mr. H. Zeder was presented by ~fr. J. N. Smits, local manager
of the Zeder Court Aoartments, which was read as follows, and ordered filed:
"~ Cambridge Boulevard
Pleasant Ridge, ~ichigan
August lO, 19~8
Honorable Council
City of Delray Beach, Florida
Gentlemen:
On J~ly 27 a proposal was placed before your meeting by my representative,
Mr. J. M. Smits, requesting permission to move the cottages of the Zeder Court
to a new location on the west side of Block 2~, and at the same time, to modernize
and improve these cottages. This request was not accepted and I am satisfied
that the Council was honestly attempting to take the wisest and fairest course
consistent with the public good.
I have no desire to continue the consideration of this project. However,
in view of some of the comments and opinions expressed at this meeting, as
covered by the De]ray Beach News of J~ly 30, I feel that some statements should
be made by us in the public interest.
Even in the best and most democratic of goverments, as I sincerely believe
we have in Del~'ay Beach, it sometimes happens that minority interest will receive
undue consideration because of the very volubility and emotionalism of their
expre s sion.
AUGUST 2&TH,
When this happens, it is possible that some proposition, that might be highly
beneficial, could be turned down because the emotionalism that is demonstrated
is taken as representing public opinion.
In the above-mentioned issue of the Delray Beach News there is an excellent
editorial which is quite pertinent. As it points out, "we here h~ve seen too
many examples of wise judgment and sound action go down the drain because of ill
advised unwarranted opposition from citizens, who after all, should not h~ve the
power to dictate to the council". I think it is well for all of us to recognize
the danger in giving too much ~eight to expressions from people, who, as this
editorial states, "sneer at platitude, c~ll truth trite, ridicule the good", and ,
I might add, express opinions before becoming acquainted with the facts. ~n order
that the reputation of the City Cottncil for its wisdom and soundness of judgment
may be preserved, I w~ld like to use our case as an illustration of how such
hazards must be guarded against.
Our offer to remove the cottages from their present site and to conpletely
rebuild them into modern attracti~ cottages complete with an efficiency kitchen,
bathroom, combination living room and b~droom, ample closet space, screened porch,
etc. was submitted at the request of certain De,ray citizens. They recognize, as
we do, that the Court as it now exists is not in keeping with other buildings in
the immediate vicinity. They feel that if we would be willing to do as proposed
a public service would be performed. This project would cost us approximately
g 50,000. You will recall that in ~r. Smits' letter of July 26th he stated that
"The owners have expressed their willingness to modernize, relocate, and remove
buildings", etc. That, Gentlemen, is the spirit with which we entered into this
proposal. We were willing to carry out any reaeonable program for the public good
and we went to considerable expense and effort to formulate the proposed project
for you consideration.
As a matter of interest I would like to recall the origin of the cottages.
!~ow many know that the place was started at the specific request of the city?
Back in the pre-boom days when people were coming to Florida with trailnrs and
tents, there was no particular place for them to park and,'as a result, they
parked on almost any vacant lot. The city council at that time asked our per-
mission to let them park on the oroperty. This we willingly granted and the city
went to the expense of puttin~ in a water hydrant and toilet facilities. After
about a year, it was suggested that, inasmuch as the city did not care to onerate
a tourist camp, we might cons'der building some cabins and thereby deriving some
revenue. As it seemed to be a good suggestion, this was done. Later a special
place for the trailers was set aside. As ti~ went on and the town grew, we heard
criticism in regard to the trailers; so we eliminated the trailers and sacrificed
this income to meet public ooinion. While all this may have no bearing on the
present case, it is pointed out to show how time br~ngs forth changes and how we
have always tried to meet new conditions. What was once considered an asset to
the town, since it brought in people and money, is now consi~!ered objectionalbe;
so we again offered to make changes that would, we felt, remove these objections.
When we considered that a number of fine citizens that now live in Delray and
are contributing to its growth, first learned about Delray by staying at the camp,
it would seem to be rather harsh to refer to the place as some did at your meeting.
Actually, through the efforts of Mr. Pinckney, our former manager, and also our
present manager, ~ir. Smits, the place is clean and orderly. We are continually
subject to inspections by the State Hotel Commission and have always passed their
inspections. Both men have especially stressed the importance of the type of
AUGUST 2& TH, 19~
tennants admitted and any t~at are found to be undesirable are not permitted to
stay.
Getting back to the editorial in the paper, how many that applauded
sneering insulting remarks knew what had been offered? Had they seen the olans
or were they just "agin it" due to the fact that, as some said the shacks had
paid for themselves and should be torn down? How many of th~ critics would
make such a financial contribution for the general welfare of the town? I do
not notice contributions of such magnitude to the campaign for the preservation
and beautification of the Ocean Beach Project.
In fac~ of the facts, isn't it resorting to u_r~fair tactics to call the
property a tourist camp? Whether apartments are built one on top of another
or joining each other or in separate units, it does not make one an approved
apartment and the other an objectionable tourist camp. We would be just as
strongly against a tourist camp within the city but fail to see how the new
plan has any features of a tourist camp.
The point I wish to make and wh~t I think can be learned from the editorial,
which was splendidly written, is that there are sound reasons for weighing the
merits of any proposal. However, if consideration is given to sneering wise
cracks that appeal to the "mob" and bring forth laughter that is interpreted
as public opinion, there is a danger of decisions which will be regretted later.
I realize that people are people and as such there will always be those who
are unmindful of the facts in expressing an opinion or of expressing for facts
that which is only an opinion
I have taken this time to point out what might haopen to a really important
proposition should such a minority demonstration be interpreted as public
opinion. One cannot help but feel that most of those expressing a critical
attitude towards our offer did so without having any true conception .of the,
proposal. They had not bothered to see the plans and I am sure did not know,
nor were they interested in knowing, the following facts:
(1) Present cabins were to be completely rebuilt. Only such material
as is usable would have been built into cottages.
(2) Each cottage would have been a complete unit with kitchen, bath, etc.
(3) New site w .uld face railroad only. None of the, cottages would be
on Fourth Avenue, First or Second Streets.
There would be no parking in the cottage area; separate parking
space would be provided.
(5) Attractive cottages would h~ve been appropriately landscaped.
(6) Valuable busiaess property would be vacated to permit building,
thereby enhancing value of su/'rounding property.
(7)No cottage was to have been placed closer than twenty-five feet
inside of sidewalk.
(8) The new olan allowed for easement to widen Southeast First Street.
AUGHT 2&TH, 1948
(9) Sidewalk would have been built on Third Avenue.
(10) We had expressed a willingness to give necessary easement on Fourth
Avenue and do our share to pave the street and build an eight foot
sidewalk. This would have cost us aDproximately ~2,OOO.
In conclusion, we again wish to clarify our offer which was to do what we
could to overcome some objections to the oresent setup. We went to considerable
expense and effort in planning radical char~es. }{ad you accented, what many of
us felt was our contribution to the city~ we would have gone ahead, although,
from a selfish personal standDoint, however, we are satisfied that the Droposition
was not accepted as we can now proceed with other plans which we feel will be
considerably more beneficial to us.
Thanlcing you for expressing your willingness to cooperate, I am,
Very truly yours,
(Signed) H. Haild Zeder
HHZ:br H. Haild Zeder"
A letter from th~ City Manager with reference to the drainage of the low
section of Nassau Street, and Gleason Street between Ingram and Shulson Streets,
was read as follows:
"August lA, 19&8
Hon. ~ayor and City Council
City of Delray Beach, Florida
C~nt].emen:
The attached copy of letter submitted by the undersigned to Droperty owners
on Nassau and Gleason Streets, regarding drainage, and the letters of approval
from George B. ~oss, Hans F. Wriedt, J. B. LeClere, A. L. Greenwood, Spencer H.
Logan and Philip Stevenson are submitted as evidence that more than 51~ of the
property owners in this section, from the standpoint of front footage, desire the
proposed drainage work to be done.
The property or, nets listed above own 5?0 front feet of a total of approximately
1078.8 feet. It is therefore requested that the Council consider a~nroval of this
project, to be financed from City funds and charged to the property owners on
Special assessment.
Respectfully,
(Signed) Chas E. Black
CHASE. BLACK
CEB:AD City ~anager"
Enc/
The form of letter sent to property owners who would be affected by this
drainage improvement was read as follows:
AUGUST 24TH, 19~8
Helen T. LeClere
A. L. Greenwood '- ....
Philip Stevenson
Rosa Marie & Hans Wreidt
Grace S. Weir
Wm. Wheatley
Geo. B. Moss
E. G. Hayes July 26, 1918
Geo. J. Blum
Spencer Logan
Vincent Giordano
Dear Sir:
SUBJECT: STORM DRAINS
In order to provide adequate drainage for the low section of Nassau Street
and Gleason between Ingraham and Shulson, the City would like to install 12, 18,
and 2& inch drains instead of the previously planned 6 and 12 inch drains.
The estimated cost of this drain and catch basin is $1A35.50, which will
run approximately $1.30 per front foot on the property effected.
The paving of Gleason Street on an assessment basis has been apDroved, but
this drain must be installed before the paving is done.
Since several of the property owners are away from Delray Beach at this
time, we are requesting aporoval of this project by mail instead of by the
usual method of advertising and holding public hearing.
It will be possible to do this drainage and street work at the present
time on a special assessment basis. The assessments may be paid when billed
or repaid, with interest to the City, over a ten year period.
A letter from you at an early date approving this project will enable us to
start an improvement which will greatly benefit your property.
Yours very truly,
(Signed) Chas. E. Black
CH~S. E. BLACK
CEB:AD City ManageP
Mr. Black explained that the paving of this portion of Cleason Street
had been approved, and all preliminary legal work had been done, so that the
paving work could be started immediately. He recommended that the storm drains
be installed by City forces and equioment, and contract be let for the street
construction work. The cost of both the storm drains and the street construction
are assessable against the abutting property.
Mr. Howard Cromer, being in the audience, asked that local contractors be
allowed to bid on both the drainage and the street improvement work if they
feel they can co the work within the City Engineer's estimated cost.
AUGUST 2~TH, 19A8
After consideration, Councilman Kabler recom"~ended that if a contractor could
bid on work and do the work within the City Engineer, s estimate of cost, he be
awarded the contract.
Upon motion of Councilman Kabler, seconded by Councilman De~¥itt, unanimously
carried, the City Attorne~~ was instructed to prepare the necessary Resolutions for
passage by the Council, to install a storm drainage sewer on Gleason Street between
Ingraham and Shulson Streets.
City Nanager Black advised the Council of a misunderstandinz on employees
vacation set-up, stating that the Ordinance provides that a pers~'on who has been
employed by the City for one year is entitled to a two weeks vacation with pay,
but it has been the custom to allow an employee who has been with the City over
a year a vacation amounting to i 1/6 days per month, and an employee of less than
a year, a seven days vacation. No record has been found to verify this procedure.
After discussion by the Council, a motion was made by Councilman DeWitt,
seconded by Councilman NacNillan, that the Ordinance be amended to provide that
vacations may be accumulated up to one month over a ~oeriod of two years, and an
employee leaving the City employ with less than 12 months service be reimbursed
at thc~ same ratio, the amendment to become effective October 1st. Upon call of
roll the motion carried unanimously.
The following Ordinance was then brought up for second and final reading,
and same was read in full:
ORDINANCE NO. 0-56
AN ORDINANCE OF THE CITY COUNCIL OF 7~E CITY OF DELR.IY BEACH, FLORIDA,
SECTION 31 OF O~DINANCE NO. G-Ii OF THE CITY OF DELRAY BEACH PERTAINI~C TO THE
CITY LICENSE FOR AUTOMOBIL~ FOR HIRE AND DRIVE-YOURSELF RENTAL SERVICE'. AND
FURTHER AMEh~)ING SECTION 270 OF ORDINANCE NO. G-il PROVIDING AN ADDITIONIL
PENALTY FOR NON-COMPLIANCE WITH THE LICENSE ORDINANCE OF THE CITY OF DELRAY
BEACN, FLORIDA.
BE IT ORDAINED by the City Council of the City of Delray ~each, Florida,
as follows:
SEC~ON 1. That Section 31 of Ordinance No. G-fl be and the s~me is hereby
amended to read as follows:
"SECTION 31. AUTOMOBILES FOR NIRE, DRIVE-YOURSELF RENTAL SERVICE.
First Five Automobiles ................................ ~ 100.00
For each additional five automobiles, the sum of $ 10.00 each,
and for any number of automobiles over ten, the sum of ~ 5.00 each."
SECTION 2. That Section 270 of Ordinance No. G-Ii be and the same is hereby
amended as follows:
"SECTION 270. Any person or persons and the members of any firm
or corporation violating Section i of this Ordiance shall upon
conviction be punished by a fine not exceeding TWO H!~NDRED DOLL.~RS,
or hy imprisonment for a period not exceeding ninety days, or by
both, such fine and imprisonment for each offense; and further
provided that unless a city license shall have been procured Prom
AUGUST 24TH, 19d8
the City Tax Collector of the City of Delray Beach, Florida,
within forty-five days from the date the same becomes due,
there shall be an additional penalty of twenty per cent of
the amount of said occupational license.
"For Bond Requirement, Refer to Ordinance 332, Book 5."
SECTION 3. This ordinance shall become ~.~ffective the thirtieth
day of September, A.D. 19&8.
PASSED in regular session on second and final reading on this
the twenty-fourth day of August, A.D. 1948.
St .ned)
( ~g . L. H. Brannon
President, City Council
"SEAL"
APPROVED:
ATTEST
(Signed) L. H. Brannon
(Signed) R.uth R. Smith Mayor
City Clerk"
Upon motion of Councilman DeWitt, seconded by Councilman Kabler,
unanimously carried, the foregoing Ordinance No. ~56 was passed and
adopted as read.
The followiag Ordinance was th~n brought uo for second and final reading
and same was read in full:
ORDINANCE NO. G- 57
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,
LEVYI~.~G THE ASSESSMENTS AS SHOWN BY THE ASSiStaNT ROLL SUBMITTED BY THE
CITY ENGINEER OF SAID CITY, CONCERNING ~ROVE~'~NT BY REPAVING S. W. THIRD
STREET FRO~ S%SkTON AVENUE TO S.W. FIFTH AVENUE.
WHEREAS, the City Engineer of the City of Delray Beach, Florida,
has in pursuance to the charter of said city, submitted to the City Council
for aporoval a report of the cost and the asse~asment roll for reoaving S.W.
Third Street from Swinton Avenue to S.E. Fifth Avenue, and
WHEREAS, said report and assessment roll were apnroved by the City
Council in regular session on the thirteenth day of July, A.D.1948, and
WHEREAS, due notice concerning said assessment roll was given by
advertisement by the City Clerk, in accordance with the city charter of said
city, for the ourpose of hearing objections to said assessment roll, and
%~qtEREAS, such objections as were heard were deemed insufficient
by the City Council of the City of De]ray Beach, Florida,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Delray Beach, Florida, as follows:
AUGUST 2~TH, 19&8
SECTION L. The assessments, as shown by said assessment roll which
is ao_aexed hereto and made a part hereof, are hereby levied against the property
shown and in amounts shown on said &ssessment roll, said assessments to be paid
in ten equal annual installments, t~m first installment bec~oming due and payable
on October l, 1948, and on the first day of October for the next ensuing nine
years; and said special assessment so levied shall be a lien from the date the
essessment become effective, upon the respective lots and parcels of land des-
cribed in said assessment roll, of the same nature and to the same extent as the
lien for ~neral city taxes and shall be collectable in the same ma~,ner and with
the sm:ne penalties and under the same provisions as to sale and forfeiture as
cit? taxes are collectable.
PASSED, in regular session on second and final reading on this the
twenty-fourth day of August, A.D. 1948.
(Signed) .L.H. Brarmon
President, City Council
"SEAL"
APPROVED:
ATTEST:
(Signed), L. H. Bra~non
(Signed) Ruth R. Smith Mayor
City Clerk
A motion was made by Councilman DeWitt, seconded by Conncilman Yabler, that
the foregoing Ordinance be oassed and adopted as read. Upon call of roll the
motion carried unanimously.
An Ordinance to amend the Zoning Ordinance to change the zoning restricti OhS
on part of Ocean Beach Lot 16 from a Special Apartment and Hotel District to a
Limited Business District, was bmou~ht no for first reading:
AN ORDI~NCE OF ~{E CITY OOI~CIL OF ~ CITY OF DELRAY
BEACH, FLORIDA, REZONING THE SOUTH ONE H~DRED A~D
FIFTY FEET OF THE WEST ~W~O HUNDRED FEET OF OCEAN BEACH
LOT 16, CITY OF DELRAY BEACH, FLORIDA, FROM A SPECIAL
APAR~IENT ~ND HOTEL DISTRICT TO A LIMITED BUSINESS ZONE.
Upon motion of Councilman MacMillan, seconded by Councilman DeWitt, unanimously
carried, the foregoing Ordinance was placed on first reading.
The following Resolution was then presented by the City Attorney, for con-
sideration by the Council:
RESOLUTION NO. 707
A RESOLUTION OF THE CITY COUNCIL OF ~ CITY OF
DELRAY BEACH, FLORIDA, ABANDONING AND VACATING THE
STREET OR ALLEi~AY BETWEEN LOTS 28 A~ 29 0~ THE MORTH
AND LOTS 34 AND 35 ON THE SOUTH IN SECTION 9, T~T,ISMIP
&6 SOUTH, RANGE &3 EAST.
City Attorney Moore explained that this alley, was shown on the original
plat as recorded by the Model Land Company, which was filed about 1898. In 1921
AUGUST 2&TH, 19&8
another plat was filed by new owners, which still showed thf_s alleyway. No
dedication of the alley was ever accepted, and the present owner of the property,
a purchaser from the Subdivider, was now asking that the. alleyway be abandoned
by the City, as it is a cloud on hi~.~title.
After consideration by the Council, a motio~ was made by Councilman
NacNillan, seconded by Councilmsn DeWitt, that the foregoing Resolution No. 707,
be passed and adopted as read. Upon call of roll the motion carried unanimously.
City Attorney Moore advised the Council that the Woman's 01ub had asked
that their lease on the Currie Nemorial Park be revised to provide that they
would not be required to furnish physical maintenance on the entire property.
Mrs. W. E. Hurst, President of the Woman's Club, explained that they had
asked for one-half of the tract on which to build their Club House, but they
were given the entire tract; that they intended to go ahead with the con-
struction of their Club House and the beautification of half of the oroperty
as quickly as possible, and eventually beautify and maintain the entire tract,
but that it is an expensive undertaking, and they did not want some future
Council to take the property away from them for lack of physical maintenance of
the entire park area.
The revised lease as prepared by the City Attorney, and approved by the
Officers of the Woman's Club, was read as follows:
LEASE
THIS LEASE ~ade this the 2&th day of August, 19&8, by and between the City
of De]ray Beach, a Nunicipal Corporation in Palm Beach County, Florida, herein
called the Lessor, and the Woman's Club of Delray Beach, Florida, a non-profit
Corporation under the ~.aws of the State of Florida, herein called the Lessee,
Witnesseth that for and in consideration of the sum of $. 1.00 this day
paid by the lessee to the lessor, and in further consideration of the covenants
herein contained on the part of the lessee to be kept and performed, the said
lessor does hereby lease to the sa'~d] lessee the following described property in
the City of Delray Beach, Palm Beach County, Florida, to wit:
That certain tract of land shown on the
plat of Osceola Park as recorded in the
Public Records of Palm Beach County,
Florida, and marked "Base Ball Field";
the same being bounded on the East by Dade
Street (Federal H~.ghway), on the West by
Boynton Street (Dixie Highway), and on the
North by a 20 foot alley and on the South
by a 20 foot alley.
to have and to hold same for the term of ninety-nine (99) years from this date.
This lease is made by the lessor for the purpose of enabling the lessee to
construct and m~intain thereon a building for the purpose of fua-nishing a meet-
lng place for the Woman's Club of Delray Beach and for maintaining the remainder
of said property as and for a public Dark to be known as "CURRIE NENORIAL PARK",
AUGUST 24TH, !9&8
provided, ~however, that nothing herein contained shall be construc~d.as requiring
the lessee to furnish physical maintenance on the above described property, but
that it is the intentions of the parties hereto that the above deecribed property,
with the exceotion of that space occupied by the building eforementioned and the
immediately surrounding property shall always be onen to the public as and for a
public park, to be known as "CURRIE ~E~ORIAL PARK". In the event that this property
should ever be used for any other purpose than for the construction and maintenance
of a Woman's Club building and other uses which are customarily incident thereto,
and for the purpose of maintaining a oublic park, then this Lease may be declared
terminated by the lessor by giving the lessee ninety days notice of such intention.
In the event this lease is terminated the lessee shall have the right to remove
therefrom any improvements placed thereon by the lessee.
The lessee covenants that it will make no unlawful, improper or offensive
use of the premises, that it will not assign this lease or sub-let any oart of
said premises, that it will use said premises only for the construction and
maintenance of a Woman' s Club Building and other uses customarily incident there-
to and for the reasonable maintenance thereon of a oublic park to be known as
"CURRIE ~ENORIAL PARK". The lessee further covenants that it will not use said
premises or any part thereof for business or commercial purposes.
IN WITNESS WHEREOF, the lessor has caused this Lease to be executed by its
~ayor and attested by its City Clerk and the City Seal to be affixed thereto and
the lessee has caused this lease to be executed by its President and attested by
its Secretary on the date first above written.
CITY OF DELRAY BEACH
B,y: .(Signed.) L. N. Brannon
~,~ayor
ATTEST:
(Signed) Charles E. Black (Signed) Ruth R. Smith
City Clerk
(Signed) Maurieta Nichols
LESSOR
"SE~L"
(Signed) John H. Adams WONAN'S CLUB OF DEL~AY BEACH
(Signed) Eleanor N. Gringle By: (Signed) Wilena E. Hurst
ATTEST:
· (Signed).Florence N. Brown Se cretary
LESSEE
STATE OF FLORIDA
COUNTY OF PALN BEACH
Before me, the undersigned authority, oersonally appeared L. H. Brannon,
Mayor, and Ruth R. Smith, City Clerk, to me well known to be the individuals
~UGUST 2&TH~ 19;~8
who executed the above foregoing lease on behalf of the City of Delray Beach,
and they acknowledged before me that they executed the same freely arid volun-
tarily as and for the act and deed of said City.
Witness n%¥ hand and official seal at Delray Beach, Florida, on th~s the
9%h day of September, 191,8.
(Signed) Alice Deaderick
Notary Public, State of Florida
at Large.
~y Commission expires April
"SEAL" 29, 1951
STATE OF FLORIDA
COUNTY OF PALN BEACH
Before me, the undersigned authority, personally appeared Wilena E. Htu~st,
President, and Florence N. Brown, Secretary, to me well known to be th~-" '? ....
individuals who executed the above and foregoing lease on behalf of the WOman's
Club of Delray Beach, and they acknowledged before me that they executed the
same freely and voluntarily as and for the act and deed of said Club.
Witness my hand and official seal at Delray Beach, Florida, on this the
21st day of August, 19&8.
(Signed) Helen L. DeNaris
Notary Public, State of Florida
at Large. Ny Commission
"SEAL" expires January 10, 1951.
A motion was made by Councilman De~;!itt, seconded by Councilman Kabler,
that the Pevised lease to the Woman's Club, for a term of ninety-nine years,
on the tract of land known as Currie Nemorial Park, be approved, and the
~ayor and City Clerk be authorized to execute same on behalf of the City of
Delray Beach. Upon call of roll the motion carried unanimously.
The Council was advised by the City Attorney that ~rs. Guetherman, who
had previously asked damages of $ 3,00&.OO for injuries claimed to have been
sustained by a fall on City property, had filed a new claim of $ 2,500.00.
Nrs. Guetherman, being in the audience, explained that she had been told
that the sidewalk on which she claimed she fell had been reported to the Police
Department several times as being in a dangerous condition, and nothing had been
done about it. She u~nderstood through her Attorney, that the City was willing
to settle with her now, otherwise she w%ld file a suit against the City for
$ 15,000.00 damages.
Nrs. Guetherman further stated that she fell on the actual sidewalk~ after
putting her money in a p~rking meter and turning to enter the store. She also
stated tht she knew the sidewalk had been in a dangerous condition for a long
time, as she had seen it herself a number of times.
AUGUST 24TH, 1948
Police Chief Croft stated that he had inspected the sidewalk with the former
City ~anager, and they had found a dent in the walk where it had sunk in the joint,
but no part of the walk protruded where a person co~ald stumble over it.
Councilman MacMillan and Councilman Kabler were in favor of paying Mrs.
Guetherman's Doctors bills only, but it was the consensus of opinion of the Council
that any damages claimed would have to be determined by a Jury.
Mrs. Geutherman then advised the Council that she intended to file suit for
~ 15,O00.00 against the City, and that she did not want any interference from the
Council or the City Attorney.
She was advised that there would be no interference, except the City's
rightful defense.
Continuation of sidewalk improvements and the grassing and beautifying of th~.~
Beach was discussed, Mr. Black stating that the replacement of the wooden curb
with a concrete curb on South Ocean Boulevard was oractically finished, and that
he planned to continue with the sidewalk construction at the north end of the Ben
as we.~. as the grassing of the shoulders and the landscaping of the banks, as soon
as possible.
Councilman Kabler recommended that a curb be replaced on South Ocean Boulevard~
west of the highway, where the sidewalk was set back without a curb.
Upon motion of Councilman Kabler, seconded by Councilman DeWitt, the City
Manager was instructed to draw specifications for constructing a curb from ~tlantic
Avenue south to Miramar Drive, on the west side of the Boulevard and for a distance
of approximately 350', the sidewalk to be extended to meet the curb.
Councilman Ifabler offered to pay for the cost of this work in front of his
own property on South Ocean Boulevard, and authorized the City Manager to deduct
this amount from his estimate of cost of the total cost.
Mayor Brannon advised the Council of an offer from Mr. Fred Beever, Plumbing
Contractor, to furnish and install twenty-five shower heads, if the City would
furnish the pipe connections.
City Manager Black then stated that Mr. Beever was trying to locate available
pipe for the City for this purpose. He also advised that fifty benches were being
built for use on the Beach, and that additional ste~os would be provided, all of
which would be painted and put in good condition.
The City Manager was authorized to have 100 palm trees planted on the Beach,
if they can be obtained from City property, or purchased and planted for $1,500.00,
also to work with local Nurserymen on the landscaping of the terraces to the Beach.
Councilman Kabler felt that this would be an over-all project, and should be
supervised by the Beach Committee.
In a motion by Councilman l~acMil!an, seconded by Councilman DeWitt, unanimously
carried, Mr. O. Welland was selected as a third member of the Beach Committee, with
the understanding that the Committee would meet with the City Manager and select
its own Chairman. '
AUGUST 24TH, 1948
City Attorney Noore advised the Co,~cil that the Circuit Court Judge had
r~led favorably for the City on a petition for a Declaratory Decree under 1947 _
Statutes did not apply to Municioalities. This wo~].d mean a saving to the City
of Delray Beach of several.thousands of dollars, on taxes a~d liens on property
which has been taken over by the State of Florida.
Mr. Noore agreed to check the current County tax foreclosure list before
starting his suit to foreclose on delinquent Tax Sale Certificates held by the
City, to avoid duplication and unnecessary ~pense.
The Council then adjourned.
(Signed) Ruth R. Smith
City Clerk