01-13-47 JANUARY 13th, 19&7.
Regular meeting of the City Council of the City of Delray Beach was held in
the Council Chambers at 7:30 P.M. with Vice-Mayor B.C. Butler in the Chair, and
City Manager H.P. Edmond, City Attorney J.W. Nowlin, and the following Council-
men present, F.B. McNeece, J.B. ~$mith and C.J. White, a quorum being present.
The minutes of the meeting of January 6th were presented and approved as
written.
Mr. Eugene Elliott, representing the Lions Club, requested permission from
the Council to hold a parade on the night of January 20th in connection with
the opening of their Gladiola Fair and Festival to be held from January 20th to
25th, the parage to be on Atlantic Avenue from the Athletic Field to the Ocean.
He also asked the Council for permission to decorate the street with flags and
banners if they should desire to do so.
After consideration by the Council, a motion was made by Councilman White,
seconded by Councilman Smith, that permission be granted to the Lions Club to
hold a parage as requested, at 7:30 P.M. on the night of January 20th, and to
decorate the streets if they wish to. Upon call of roll the motion carried unani-
mously.
City Manager Edmond presented a letter from Attorney Hugh MacMillan of West
Palm Beach, offering to sell to the City six lots in Block 51, which adjoin the
Memorial Athletic Field on the north, for a net price of $3,176.12. Mr. MacMillan
stated that the lots should be owned by the City, and asked that they make him an
offer.
Upon recommendation of Councilman White, Mr. Edmond was instructed to ask Mr.
Mac~.tllan for time to have the Finance Committee look over the lots and make their
recommendation to the Council at their next meeting, before making a decision.
Upon recommendation of the City Manager, Council authorized the installation
of Street lights on the following comers:
S.W. 1st Avenue and S.W. 3rd Street
S.W. 2nd Avenue and S.W. 3rd Street
S.W. 1st Avenue and S.W. ~th Street
S.W. 2nd Avenue and S.W. ~th Street
Councilman White then recommended that the lights on the beach be increased
in candle power, stating that the lights are so far apart that they are not
sufficient. Mr. White moved that the power be increased from 100 cp. to 200 cp.
on Ocean Boulevard. The motion was seconded byC ouncilman McNeece, and upon call
of roll carried unanimously.
Councilman McNeece suggested that Mr. Senior of the Florida Power & Light Co.
be asked to make his recommendation to the Council at their next meeting as to
which would be better to increase the lighting of Atlantic Avenue, to increase the
candle power of the present lights, or to fill in the sockets not now being used.
City Manager Edmond advised the Council that a petition had been filed by
property owners, requesting the improvement of S.W. 3rd and ~th Streets, between
Swinton Avenue and S.W. 1st Avenue. Mr. Edmond stated that 3rd Street had been
paved, but had gone to pieces on account of lack of maintenance. He estimated the
January 13th, 19~?.
cost of repairing this Street from Swinton Avenue to S. W. 5th Avenue would be
approxdmately $1,000.
A motion was made by Councilman White, seconded by Councilman Smith, that
Mr. Edmond be authorized to proceed with the rebuilding of S.W. 3rd Street, and
that the cost be assessed against the abutting property. Upon call of roll the
motion carried unanimously.
In a motion made by Councilman White, seconded by Councilman McNeece and
unanimously carried, the City Attorney was instructed to start condemnation
proceedings to obtain the necessary property on the south side of &th Street
for a right of way for street improvements, from Swinton Avenue to S.W. 3rd
Avenue.
City Manager Edmond advised the Council that new truck equipment was badly
needed in the Sanitary Department, stating that they had two dump trucks, both
in poor condition. One truck is used continually for beach streets, leaving
only one for all other work. He stated that he had been offered a 19~6 two ton
Chevrolet dump truck, which had been driven only 11,000 .miles and seemed to be.
in perfect condition, for $1,800. He asked Council for their authorization to
offer $1,700. for this truck, for immediate delivery.
Mr. Edmond also recommended the purchase of one new trash truck and one new
dump truck, in addition to this used dump truck. They would then be able to s ell
the two dump trucks now being used in the Sanitary Department. He also asked
Council approval of the purchase of a pick-up truck for the Water Department.
After discussion, it was the consensus of opinion of the Council that the
purchase of used equipment would not be advisable, and Mr. Edmond was authorized
to advertise for bids, for earliest possible delivery, on whatever new equipment
was needed.
The Clerk presented proof of the publication of a notice calling for bids
on the purchase of the West 1/2 of Lot 13 and the East 33' of Lot 14 of Vista
Del Mar Subdivision, which proof was spread upon the minutes as follows:
NOTICE
The City Council of the City of Delray Beach, Florida, will receive sealed
bids for the purchase of the West one-half of lot thirteen (13) and the East
thirty-three (33) feet of Lot fourteen (1~), Vista Del Mar Subdivision, which
bids will be received up to 8 P.M. Monday, January 13, 19~7. A certified check
for 10 per cent of the amount of the bid must accompany the bid. The successful
bidder shall pay the balance of his bid in cash within ten days from notification
that his bid has been accepted, whereupon the City will convey such property to
him. No abstract of title will be furnished, and the City reserves the right
to reject any and all bids for this property.
CITY OF DELRAY BEACH, FLORIDA
ATTEST: By: M.M.. DeWitt, Mayor.
RUTH M. SMITH
City Clerk
Dec. 20.
AFFIDAVIT OF PUBLICATION
Delray Beach News
Published Weekly
Delray Beach, Palm Beach County, Florida
7
STATE OF FLORIDA )
COUNTY .OF PALM BEACH )
Before the undersigned authority personally appeared E.F. PETERM~N, ~ho
on oath says that he is Publisher of the Delray Beach News, a weekly newspaper
published at Delray Beach in Palm Beach County, Florida; that the attached copy
of advertisement, being a Notice of bids in the matter of Purchase of Lots in
the Court, was published in said newspaper in ~he issues of
Dece.mbe. r 20, 1~6.
Affiant further says that the said Delray Beach News is a newspaper published
at Delray Beach, in said p~lm Beach County, Florida, and that the said newspaper
has heretofore been continuously published in said Palm Beach County, Florida,
each Friday and has been entered as second class mail matter at the post office in
Delray Beach, in said Palm Beach County, Florida, for a period of one year next
preceding the first publication of the attached copy of advertisement; and affiant
.further says that has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper.
<signed)
Sworn to and subscribed before me this 20thday of Dec. A.D., 19~6.
(Si~,ed) H~Z~ V. S~OW
(SEAL) Notary Public
(Stamp) Notary Public, State of
Florida at Large. My
commission expires
February ~, 19~9. Bonded
by American Surety Co. of
N.Y.
One bid was received in response to the foregoing notice, from L.J. Nichols
in the amount of $1,500.00.
This offer was referred to the Finance Committee for consideration and
recommendation to the Council.
Proof of the publication of a Notice to Contractors for bids for the construction
of a ditch for the drainage of Nassau Street was presented and spread upon the min-
utes, as follows:
"NOTICE TO CONTRACTORS"
The City of Delray Beach, Delray Beach, Florida, c/o City Clerk, will receive
sealed bids until 8:00 P.M., January 13, 19~7, at which time the bids will be
opened to the public, by the City Council, for the construction of a drainage
ditch according to plans on file in the City Engineer's Office.
The City Council reserves the right to accept or reject any and all bids.
M.M. DeWitt,
Mayor.
AFFIDAVIT OF PUBLICATION
Delray Beach News
Published Weekly
Delray Beach, Palm Beach County, Florida
January 13th, 19~7.
STATE OF FLORIDA )
COUNTY OF PALM BEACH )
Before the undersigned authority personally appeared E.F. Peterman, who
on oath says that he is Publisher of the Delray Beach News, a weekly newspaper
published at Delray Beach, in p~l_~ Beach County, Florida; that the attached
copy of advertisement, being a Notice to Contractors in the matter of Drainage
Ditch in the Court, was published in said newspaper in the issues of
Januar~ lC, 17~7.
Affiant further says that the s aid Delray Beach News is a newspaper pub-
lished at Delray Beach, in said Palm Beach County, Florida, and that the said
newspaper has heretofore been continuously published in said Palm Beach County,
Florida, each Friday and has been entered as second class mail matter at the
post office in Delray Beach, in said Palm Beach County, Florida, for a period
of one year next preceding the first publication of the attached copy of adver-
tisement; and affiant further says that has neither paid nor promised auy
person, firm or corporation any discount, rebate, commission or refund for
the purpose of securing this advertisement for publication in the said news-
paper.
(Signed). E.F. ?mvm mN
Sworn to and subscribed before me this 13th day of Jan., A.D., 19~7.
(Signed) HAZEL V. S~OW
(SEAL) Notary Public '
(Stamp) None
The following three bids were received in response to the foregoing notice:
Troup Bros. & R.M. Sands - $ 12.00 per hour with maximum of $525.00
Harvel & Woolbright - $ 20.00 per hour with maximum of $600.00
Nike Blank Nurseries - $380.00 for completed ditch.
After consideration by the Council, a motion was made by CouncilmanWhite
that contract be awarded to N~ke Blank Nurseries as the lowest bidder, in the
amount of $380.00. The-motion was seconded by Councilman Smith, and upon call
of roll carried unanimously.
Mr. H.B. Adams, Building Inspector, presented an application for apermit
to constm~ct a Help-Yourself Laundry on the west side of South Federal Highway
Just south of the Delray Awning Co., between 3rd and ~th Streets. Mr. Adams
explained that twenty new Westinghouse machines would be used, and there would
be no outside clotheslines. The building would be built 26, back from the
highway, and parking space would be provided in the rear of the building for
customers use.
It was explained that a blue-print and plot plan must be filed with the
application before Council can approve the granting of permit, but ~. Adams
was given the assurance of the Council that the application will be approved
as soon as this requirement is met.
The following petition, signed by fifty-three citizens of Delray Beach,
was presented and read by the Clerk:
January 13th, 19~7.
"Realizing the excellent benefits to the community of Delray Beach to result
from the bringing of national attention to this area as a result of the SOUTH
FLORIDA GLADIOLA FESTIVAL AND FAIR, do hereby petition the City Council to make
provisions for our city, as host, to enter an appropriate float in the parade
which will initiate the festivities. We believe that failure for the host city
to enter such a float would be in poor taste and show lack of interest and co-
operation."
City Manager Edmond stated that floats which were used in the New Year's Eve
parade in N~ami could be purchased from $250.00 to $~50.00, and possibly one could
be bought for less than that.
The fact was brought out that there was no Publicity Fund included in the
budget for this year, and no funds were available for an expenditure of this kind.
After consideration, a motion was made by Councilman McNeece, seconded by
Councilman White, that the City should not enter a float in the parade, and upon
call of roll the motion carried unauimously.
Council expressed itself as being agreeable to the sponsoring of a float by any
local civic organization, in the name of the City of Delray Beach, if they should
desire to do so.
The following Ordinance was then brought up for second and final reading, and
same was read in full:
ORDINANCE NO. G-22
AN ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
PLACING CERTAIN PROPERTY IN LIMITED
BUSINESS DISTRICT.
BE IT ORDAINED BY THE CITYCOUNCILof the City of DelrayBeach, Florida, as
follows:
SECTION 1. That the following described property in the City of Delray Beach,
Florida, is hereby placed in limited business district as defined by the City
Zoning Ordinance, to-wit:
Lots l, 2, 3, ~, 5, 6 and 7, Block l, Ocean Park; al~ lots
on the south side of Atlantic Avenue from the Ocean Boulevard
to Gleason Street, extending from Atlantic Avenue to a line
lO1 feet south thereof; all that certain property lying be-
tween Andrews Avenue and the IntracoastalWaterwayand lying
North of Atlantic Avenue and south of aline 150 feet north
of and parallel to Atlantic Avenue.
SECTION 2. All Business buildings erected on the above property shall have
their main entrance on Atlantic Avenue or the Ocean Blvd.
PASSED in Regular Session on second and final reading on this the 13th day
of January, 19~7.
(Signed)M.M. D~Witt
President, City CoUncil
ATTEST: APPROVED:
(Signed) M~M. DeWitt
RUTH ,R. SMITH Mayor.
City 91erk
January 13th, 19&7.
After consideration, a motion was made by Councilman White, seconded by
Councilman McNeece, that the foregoing Ordinance No. G-22 be passed and adopted
as read, s~d upon call of roil the motion carried unanimously.
An application for license to sell beer and wine, filed by Wilson's Food
Stores #2, located at 6 East Atlantic Avenue, was presented and referred to the
City Attorney for checking as to the distance from school property.
The following letter from City Attorney Nowlin was presented and read:
"January 2, 19~7.
City Council
Delray Beach, Florida.
Gentlemen:
At your request I have investigated the use of the Episcopal .Church Rectory
at No. & N.E. Second Street to ascertain whether or not it was subject to City
taxes for 19&6. I find that it has been used for church purposes since sometime
in October, 19&5, and therefore the 19&6 tax assessment should be cancelled.
Very truly yours,
(Signed) J.W. NOWLIN".
A motion was made by Councilman White, seconded by Councilman Smith, that
the taxes referred to in the foregoing letter be cancelled on the 19&6 Tax roll,
and upon call of roll the motion carried unanimously.
Mr. A.L. Greenwood, Tax Assessor, reported to the Council that he had made
a check of the personal property owed by Charles Wick III, l~ ated in his
photography studio in the Boyd Building, and had found that the value of his
property had been over-estimated, as most of his equipment is second-hand, and
he carried only $1,000. worth of insurance. The permanent improvements, ~hich
have become a part of the building, were included in the original valuation
figure. Mr. Greenwood recommended that the assessment be reduced from $2,000.
to $1,000.
A motion was made by Councilman White that this assessment be corrected on
the Tax Roll, and that a corrected bill be rendered to Mr. Wick. The motion was
seconded by Councilman McNeece, and upon call of roll carried unanimously.
City Attorney Nowlin advised the Council that he had checked into the status
of the deed to the Municipal Pool, and found that a pavilion at least 2~t x 2~,, and
two bath houses at least 12' x 12' must be maintained on the property.
Mr. Now]in also stated that he had checked the title to the City Park and
found that there are no restrictions on that property.
The following Ordinance, amending Occupational License Ordinance No. G-il,
was brought up for first and second readings as an emergency measure, and same
was read in fn] 1 as follows:
ORDINANCE NO. G-21
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AMENDING CERTAIN SECTIONS OF ORDI-
NANCE NO. G-il, PROVIDING FOR OCCUPATIONAL LICENSES IN THE
CITY OF DELRAY BEACH, WHICH ORDINANCE ALSO CONSTITUTES
CHAPTER III OF THE CITY CODE OF DE~RAY BEACH, FLORIDA.
January 13th, 1967.
WHEREAS au emergency exists in the City of Delray Beach, Florida due
to the fact the license ordinance of the City of Delray Beach, Florida does
not contain provision for licensing of certain occupations and it is necessary
for the preservation of public peace and safety and the proper operation of
the municipality that this ordinance be passed as an emergency ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the City of
Delray Beach, Florida, as follows:
SECTION 1. That Ordinance No. G-11 of the City of Delray Beach, Florida
is hereby amended by adding thereto immediately following Section 83 the follow-
ing Section: "83-A. General Building Contractor - - $50.00."
SECTION 2. That Ordinance No. G-11 of the City of Delray Beach, Florida
is hereby amended by adding thereto ~m~.ediately following Section 218 the follow-
ing Section: "218-A - SCHOOLS: Private School - - $25.00
Nursery and/or Kindergarten, up to and including
15 pupils $10. O0
Nursery and/or Kindergarten, over 15 pupils - - - $15.00
SECTION 3. That Sections 127 and 128 of Ordinance G-11 of the City of
Delray Beach, Florida, are hereby amended to read as follows:
127. HOTELS, APARTMENTS, ROOMING OR LODGING HOUSES:
1 to ~ rooms $ 5.00
5 to 9 rooms 10.00
10 to 19 rooms 15.00
20 to 29 rooms 20.00
30 to 69 rooms 35.00
50 to 69 rooms 50.00
70 to 89 rooms 65.00
90 to 109 rooms 80.00
110 to 129 rooms 95.00
130 to 1~9 rooms 115.00
150 to 199 rooms 150.00
200 and over 185.00
128. NO~.: The word rooms in the above section in this
ordinance shall be construed to mean those rooms
which are offered for the accommodation of the
public.
SECTION ~. That Sections 1, 2 and 3 of this Ordinance shall amend
Ordinance G-ii and shall become a part of the City Code of Delray Beach, Florida.
SECTION 5. This is an amergency ordinance and shall take effect upon its
passage on first reading.
PASSED in Regular Session on first and final reading on this the 13th
day of January, 1967.
N.M. DeWITT
ATTEST: President, City Council
RUTH R. S~ITH APPROVED:
City Clerk.
M.M. DeWITT
(SEAL) Mayor.
January 13th, 19~7.
Upon motion of Councilman White, Seconded by Councilman McNeece, and unani-
mously carried, the foregoing Ordinance No. G-21 was passed and adopted on final
reading, as an emergency measure.
The City Attorney then presented the following Ordinance for first reading,
and same was read in full:
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, CALLING
AN ELECTION OF THE FREEHOLDERS THEREIN,
WHO ARE QUALIFIED ELECTORS THEREIN, TO
EITHER APPROVE OR DISAPPROVE AN ORDINANCE
GRANTING TO FLORIDA POWER & LIGHT COMPANY,
ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC
FRANCHISE, AND IMPOSING PROVISIONS AND
CONDITIONS RELATING THERETO.
A motion was made by Councilman McNeece, seconded by Councilman White, that
the foregoing ordinance be placed on first reading, and upon call of roll the
motion carried unanimously.
Mr. Edmond reported to the Council that he had had a conference with an
official of the Seaboard Railway with re2erence to the railroad crossing on West
Atlantic Ave., who had informed him that traffic gates and signal lights were
impossible to get at the present time, and possibly would not be available for
a year or two. They were not in favor of providing a watchman at this crossing
as it would require twenty-four hour duty, or three shifts.
Mr. Edmond stated that they have moved the rail from the south Side of
Atlantic Avenue back two car lengths, and they propose to relocate the siding
over parallel to the present siding along the Pacific Lumber Co. building so
that parking can be 50' to 75' east of the present paved road, instead of west
of it. This will be some improvement until guard rails and traffic signals can
be installed.
Councilman McNeece asked that they be requested to slow down their trains
in the meantime, until gates and signals can be installed.
Councilman White requested the City Attorney to write to the Florida East
Coast Railway advising them that there has been a great improvement in whistle
blowing and the speed of trains on their railroad, but there are three trains
that have not made any improvement during the night, one southbound, and two
northbound.
Bills totaling $9,017.82, having been approved by the Finance Committee,
were ordered paid.
Vice-Mayor Butler announced that all committees would be appointed the same
as last year, and that any necessary changes would be made at the next meeting.
At the suggestion of Councilman McNeece, the City Attorney was instructed
to check into the Charter and determine whether separate committees are necess-
ary.
The appointment of a Committee to work into the possibilities of making
certain changes to the City Charter at the coming session of the Legislature,
was referred to Mayor DeWitt.
January 13th, 19h7.
With reference to the Election Board pay for their services at the Primary and
General Elections, a motion was made by Councilman White, seconded by Councilman
McNeece, that they be paid $8.00 per day for these particular elections, and that
Mr. Edmond be reimbursed for amount he had advanced to Mr. A.J. Caraker.
Council then adjourned. ~~ ~~~
' Cit~ Clerk
Mayor