09-14-48 SEPTEMBER 14, 1948
A Regular Meeting of the City Council of the City of Delray
Beach was held in the Council Chambers at 7:30 P.M. with Mayor
L/H. Brannon .in the Chair, City Attorney John Moore, City Manager
Chas. E. Black and the following Councilmen present: M. M. DeWitt,
John xl. Kabler, and Nail E. MacMillan, a Quorum being present.
Attorney E.H. Drew of the firm of Alley, Drew, Burns and
Middleton, addressed the Council, representing A. R. Thompson, owner
of lots 27 and 28, Vista del Mar Subdivision, with reference to the
newly established west boundary line of Ocean Boulevard in the vicin-
ity of this subdivision.
Mr. Drew explained that the plat of Vista del Mar was approved
by the City Council on October 20, 1925, mhich definitely established
the east boundary line of t~hat subdivision. He claimed that the boun-
dary line of Ocean Boulevard was an arbitrary line and that Mr. Thompson
was entitled to a fair value for his land already taken, and damage
to the remaining land, if any. He offered to meet with the Council
to adjust the matter, before taking any action to protect Mr. Thompson.
The matter was referred to the City Attorney for investigation,
and to determine the legal status in his opinion.
Mr. Lee Monroe, representing the colored Civic League, appeared
before the Council requesting the following street improvements in
the colored s action:
Paving SW 4th Ave. from Atlantic Ave. south to 3rd street.
Paving W~/ 1st St. from 5th Ave. to Seaboard Railroad.
Paving NW 10th Ave. from Atlantic Ave. mrth to 2nd Street.
The above requests were referred to the City Manager for check-
ing of street dedications, etc.
Mr. Edward A. Schellenberg, representing the Seagate property
owner's organization, addressed the Council requesting the installa-
tion of street lights in Seagate subdivision, lie explained that there
were poles for the lights and with the building in that section at
least six street lights were r~eded as a safety measure.
Mr. Schellenberg was instructed to meet with City Manager Black
and wc~k the mst advantageous locations for six street light instal-
lations.
A letter from Melville F. Riley Jr. and the Presbyterian Church
was re~d, requesting the City sell to them Lot 7, Block 2, Ocean P~ark
subdi vi sion.
After consideration, a motion was made by Councilman DeWitt that
this lot be put on the list of properties owned by the City, for
sale with a required base bid of $1,000. Upon call of roll the motion
carried, Councilmen DeWitt a~d Kabler voting in favor of the motion
antic ounci lman MacMil lan o pp os ing.
Mr. Dan Meadows, on behalf of the Presbyterian Church, pro-
tested the price of $1,000 and asked that the figure be set at 75%
of the assessed valuation, as c~ other City properties, lie felt that
for use as a parking lot only, $1,000 was too high a price.
SEPT BE 14, 1948
It was explained that Mr. Riley had set the price by offer-
ing to buy the lot from the City for his own use. He had now
offered to purchase the lot for use of the Presbyterian Church
and himself, who would bid Jointly for the land at the auction sale.
A tentative plat of Anderson Block, being a portion of Lot 2,
~ection 21, located on South Sw~nton Avenue, was presented for
approval. The plat showed only l0 feet for an alley whic~ the City
Manager felt should be at least 16 feet.
Upon motion of Councilman
and unanimously carried, the plat was approved subject to the
changing of the alley from 10 to 16 feet.
A petition was then read from three property owners, request-
lng that the name "Ocean Terrace" be assigned to the street running
east and west one block north of Nassau Street.
Upon motion of Councilman DeWitt, seconded by Councilman
Kabler, the City Manager and C~ty Attorney were authorized to check
the dedication of this street for public use and if found correct
the City Attorney was instructed to prepare a Resolution naming
the street "Ocean Terrace".
Tb~ City Engineer's estimete of cost of the Gleason Street
drainage project was filed with the Council in the amount of
$1435.~0 and the following resolution read:
RESOLUTION NO. 709
A RE6OLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH
0~DERING THE CON~TRUCTION OF STORM DRAINS 0N GLEASON STREET
FROM SHUL,~0N STREET TO INGRAHAM STREET AND BEGINNING ON GLEASON
STREET AND EXTENDING EASTWARD ON NASSAU STREET A DISTANCE OF
90 FEET, AND THE INSTALLATION OF WIVE NECESSARY CATH BASINS
IN CONJUNCTION WITH SUCH S~ORM DRAINS.
WH~P~EAS, the City Council of the City of Delray Beach, Florida
did on the 27th day of August, 1948, adopt a resolution ordering
%he City Engineer to prepare plans and specifications for certain
storm drains, and did also adopt a resolution on the 14th day of
September 1948, accepting plans, speciflcaticns and estimate of
cost of said improvement work, and ordered said plans and specifi-
cations and estimate of cost thereof to be filed in the office of
the City Clerk and a copy thereof to be filed in the office of the
City Engineer and kept open for inspection by the public,
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Florida, that it has determined to make the
following described improvement which the City deems to be n~ces-
sary for the safety and convenience of the public,to-wit,
Constructi_ng storm drains on Gleason Street from SSulson
Street to Ingraham Street and beginning on Gleason Street
and extending eastward on Nassau Street a distance of 90
feet, and the installation of five necessary catch basins
in conjunction ~lth such storm drains,
SEPTEmBeR 14, 1948
the total estimatedcost of which improvement is ~1,435.50.
BE IT FURTHER RESOLVED that the entire cost of such improvement
shall be assessed against the following described property in Delray
Beach, Florlda:
I, ots 6 to 15 inclusive of Nassau Park; Ocean Beach Lot 25;
the west 83.5 ft. of the South 130.38 ft. of 0ce4n Beach~
Lot 26; the west 275 ft. of Ocean Beach Lot 28; and Lots
1, 12 and 13 of Wheatley subdivision.
said benefits to be determined and prorated according to the front
footage of the respective properties as set forth immediately above.
BE IT FURTH~ RESOLVED THAT said special assessments against
the lots and land set forth immediately above which are specially
benefitted, shall be and remain liens superior in dignity to all
other liens, except liens for taxes, until paid, from the date of
the assessment upon the respective lots and parcels of land assessed
and which shall bear interest at the rate of 8 percent per annum
and ~hich may be paid in ten equal yearly installments with accrued
interest on all deferred paymentm Payment shall be made at the
same place that taxes payable to the City of Delray Beach, Florida
are paid; namely at the office of the City Tax Collector, and upon
the failure of any property owner to pay any annual installment due,
or any part thereof, or any annual interest upon deferred payments,
the City of Delray Beach may bring necessary legal proceedings by
a Btllof Chancery to enforce payment thereof with all accrued in-
terest, together with all legal costs incurred, including a reason-
able attorney's fee. The $otal amount of any lien may be paid in
full ~t any time with interest from the date of assessment.
IT IS ORDERED that the foregoing resolution be published two
times in the Delray Beach News, a newspaper published in the C~ty
of Delray Beach, Florida.
ADOPTED by the City Council of the City of Delray Beach, Florida,
on this the 14th day of September A.D., 1948,
/s/ L. H. Brannon
President, City Council
Approved:
/si B ann
Mayo r
Attest:
/~s/ Ruth R Smith
Uity Clerk
SEAL
A motion was made by Councilman DeWitt, seconded by Councilman
Kabler, that the foregoing resolut~n No. 709 be passed and adopted
SEPTEMBER 14, 1948
as read, and upon call of roll the motion carried unanimously.
An ordtnaD~e imposing an excise tax on the sale of tobacco
products was then brought up fo~ second and final reading and
the same was read in full as follows:
ORDINANCE NO. G-58
AN ORDINANCE OF ~HE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, LEVYING AND IMPOSING AN EXCISE TAX ON EVERY SALE AT RETAIL
OF ANY TOBACCO PRODUCT AS IN SUCH ORDINANCE E~/~INED: I~ FIVE THE
RATE AND AMOUNT OF SUCH EXCISE TAX AND PROVIDE FOR THE PAYMENT
THEREOF TO SUC"N CITY BY EVERY SE~LER OF ANY TOBACCO PRgDUCT; TO
PROVIDE FOR THE UTILIZATION B~ SUCH CITY OF THE REVENUES RESULTING
THEREFNOM: TO DEFINE VIOLATIONS OF THE PROVISIONS OF SUCH ORDINANCE,
AND TO PRESCRIBE PENALTIES THEREFOR: TO PROVIDE FOR THE SEVERABILITY
OF THE PROVISIONS THEREOF: TO REPEAL ALL ORDINANCES OR PARTS OF
ORDINANCES INCONSISTENT OR IN CONFLICT WITH THE PROVISIONS OF SUCH
ORDINANCE: AND FOR OTHER PURPOSES.
A motion wa~ made by Councilman MacMillan that the foregoing
Ordinance No. G-58 be passed and adopted as read. The motion was
seconded by Councilman Kabler and upon call of roll car~led unani-
mously.
A resolution setting up an amual budget for the fiscal year
1948-1949 as prepared by the City Manager, was presented and read
in full as follows:
RESOLUTION NO. 71 0
A RESOLUTION SY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
PALM BEACH COUNTT, FLORIDA, ADOPTING ITS ANNUAL BUDGET OF ESTIMATED
EXPENSES FOR THE FISCAL YEAR 1948-194, AND LEVYING A TAX ON ALL
PROP~RTIES WITHIN q~E CITY OF DELRAY BEACH FOR MAINTHNANCE AND
OPERATION, AND LEVYING A TAX ON ALL PROPERTY IN THE CITY OF DELRAY
BEACH FOR SPECIAL BENEFITS, AND LEVYING A TAX FOR A PAYMENT OF
PRINCIPAL AND INTEREST' ON BONDED INDEBTEDNESS AGAINST THE PROPERTY
LOCATED IN THE FORMBR CITY OF DELRAY, AND ALLOCATING AltD APPRDPRIAT~
ING SAID COLLECTIONS TM~REUNDER.
WHEREAS, the City Council of the City of Delray Beach, Palm
Beach County, Florida, has prepared its budget of estimated expenses
for the fiscal year 1948-1949, and has also determined the amount of
millage necessary to be levied on all of the property in said City
for the maintenance and operation of said City and for payment of
bonds and the interest thereon for the payment of which, under the
provisions of the City Charter, a tax should be levied against
that portion of said City which constituted the fore~ity of Delray.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City
of Delray Beach, Palm Beach County, Florida, that the following
budget of estimated expenses for the fiscal year of the City
commencing October 1, 1948 and ending September 30, 1949, is hereby
agreed upon and adopted, and the amount of money for all of the
respective purposes se~ forth below is ne4ded for the operation
SEPTEMBER 14, 1948
and/or maintenance of said City during the said fiscal year, and
t~ere is hereby appropriated to such respective purposes the
of money set opposite such respective purposes:
1948-1949
ANTICIPATED
PURP OS E: EXP.ENDI TU.R ES
Adm ini s trati on 31,837 · 00
Department of Public Safety )~;~,559.00
Departmen~ of Recreation 39,100.00
Department of Public Works 80,038.91
Mis cellaneous Department s 8,550.00
Donations 12,950.00
Miscellaneous Items _ _52,323.49
TOTAL $269,358.40
BE IT FURTHER RESOLVED that the estimated amount of revenue to
be used for maintenance which will be derived by said City during said
fiscal year from sources, ot~er than current tax levy, is as follows:
Delinquent Taxes 8,000.00
Interest & Fees 1,500.00
Uti lity Taxes 24, 000.00
Franchise Taxes 9,000.00
0ccupati onal Licenses 30,000.00
Fines and Forfeitures 6,000.00
Permits (Bldg, Plbg & Elec) 2,500.00
Swimming Pool Receipts 1,000.00~
Tennis Receipts 1,200.00
Golf Course Receipts 18,000.00
Dock Fees .3,000.00
larking Meter Collections........ ~ , ~0 ~ 0 2~ ~ ~
Sale of Cemetery Lots lO0.00
Sale of City P roper ty 3, 000. 00
Punchboard Stamps l, 500.00
Rental s l, 000.00
Transfer from WaterDepartment 20,000.00
i'35, O0.00
Tobacco Tax - 105 20,000.00
155,8oo. 00
and the amount of money ~t~ be raised by
taxation for.maintenance and operation is 113,558.00
TOTAL $269,358.40
BE IT FURTHER RESOLVED that there shall be and is hereby
appropriated for the payment of several items of expenditure
totaling the aggregate sum of $269,358.49 the revenues deprived
from the tax of ll mills which is hereby levied on all taxable
SEPTEMBER 14, 1948
property for operating purposes within the City of Delray Beach
being $10,323.491.43 for operation and/or maintenance expenses
of General Government, and also in addition, all revenues derived
by said City during said fiscal year from all other sources other
than the tax levy for current bond service and that part of coll-
ection of delinquent taxes levied for bond service, and
BE IT FuRTHER RESOLVED that there shall be and is hereby
appropriated for the payment of certain special benefits, to-wit:
Beach improvement, Youth Recreation and Public Library, totaling
$27,038,25, the revenues derived from the tax of 2 mills, which
is hereby levied on all taxable property within the City of Delray
Beach for the fiscal year 194B-1949, the assessed valuation of all
taxable property for such Special Benefit s within the City of Delray
Beach being $13,519,128.43; provided, however, that if such 2 mill
Special Benefit tax is declared illegal or invalid, that said 2
mills shall be added to the millage for operation and/or maintenance
expense of the General Government of the City of Dellray Beach, Florida.
It is found that the amount of money necessary to be raised for
bond debt service for bonds and interest which constitute an indebted-
ness of that portion of the City of Delray Beschh, which was formerly
the City of Delray, and that there is hereby appropriated for the
payment thereof, all revenues derived from the tax levy of 6 mills
hereby levied for that purpose for the fiscal year 1948-1949, upon
the taxable property in that portion of the City of Delray Beach
which was formerly the City of Delray, the assessed valuation being
~9, 570, 261. 25.
PASSED IN REGUA~ SESSION, ON THIS 14TH DAY OF SEPTEMBER, A.D.,
1948.
ATTEST:
s/ L.H. Brannon
resident, City Council
c/S/ Ruth R Smith
ity Cler~
SEAL AP PROVED:
/s/L. H. Brannon
Mayor
~ith reference to the millage provided for "Special Benefits"
City Attorney Moore s~ated that there ~as no specific instance
~ereby the millage as put in one place could be transferred to
another, therefore, in his opinion it was ~uestion~ble. However,
he believed it would stand for the purposes specifically set
forth. ~ If refunds had to be made they would only be on Homestead
Exempti on propertie s.
After further discussion by the Council, a motion was made
by Councilman De,itt, seconded by Councilman Kabler, that the
19 8
foregoing Resolution No. 710 adopting a budget and setting the millage.
for the ensuing fiscal year be adopted as read. Upon call of roll
the motion carried unanimously.
The following Resolution was then brought up and read as follows:
RES) LUTION NO. 711.
(Never wriDten - allocating one mill of operating
millage for certain projects, Creating a Revolving
Improvement Fund. ~
City Manager Black explained the purpose of the Nwolving
Improvement Fund to be established was to provide a fund for retaking
street and other improvements, which are assessable against the
abutting property. As the assessments are paid back with interest,
other improvements can be made. Mayor Brannon suggested that 50%
of this fund be set aside for disasters or emergencies casued by
storms, until a fund of $50,000 has been created.
Upon motion of Councilman DeWitt, seconded by Councilman
MacMillan, and unanimously carried, the foregoing Resolution
711 was passed and adopted, with the amendment to set up 1/2 mill
for a Revolv~rg Improvement Fund and 1/2 mill for a permanent
Disaster Fund.
The following ordinance was then brought up for second and
final reading.
ORDINANCE NO. G-59
AN ORDINANCE OF TME CITY COUNC~iL OF THE CITY OF DELRAY BEACH,
FLORIDA, REZONING THE SOUTH ONE HUNDRED AND FIFTY FEET OF
S~{E WEST TWO HUNDRED FEAT OF OCEAN BEACH L 0l 16, CITY OF
DELRAY BEACH, FLORIDA, FROM A S~ECIAL APARTMENT AND ~DTEL
DISTRICT TO A LIMITED BUSINESS ZONE.
WHEREAS, the %oning Board of the City of Delray Beach has
referred its recommendation to the City C~ncil of said City for
the following reclassification of zoning, and
WHEREAS, the property owners affected by such reclassification
of zoning, have been given due notice of such reclassification,
NOW, THEREFORE, BE IT ORDAINED by the City Council of the City
of Delray Beach, Florida, as follows:
Section. 1. That the south 150 feet of the West 200 feet of
Ocean Beach Lot 16, City of ~elray Beach, Florida, be and the
same is hereby rezoned from a Special Apartment and Hotel District
to a LimitedBusiness Zone.
Section 2. That all ordinances and parts of ordinances in
conflict herewith be and the same are hereby repealed.
PASSED in Regular Session on second and final reading on
this the fourteenth day of September, A.D., 1948.
/s/ L. H. Brannon
President of City Council
AP PROVED:
/s/ L.H. Brannon
Mayor
AT TEST:
6s/ ~uth R Smi th
ity Clerk
A motion was made by Councilman MacMillan, seconded by
Councilman DeWitt that the above ordinance No. G-59 be passed
and adopted as read. Upon roll call the motion carried unanimously.
A letter from Mr. Fred B. Scott mas read, requesting a change
in the Liquor Zoning Ordinance to allow the sale of liquor in the
Seacrest Hotel Garage,
Action was deferred on this request until the next meeting
of the Council, and the City Attorney was instructed to check the
distance of Mr. Scott's building from the Presbyterian Church.
The meeting then adjourned.
ATTEST:
d'ft y 'Cle ~k