01-27-47 JANUARY 27th, 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 Mayor M.M. DeWitt in the Chair, and City
Manager H.P. Edmond, City Attorney J.W. Nowlin, and the following CounciLmen
present: B.C. Butler, F.B. McNeece, J.B. Sm.~ith and C.J. White, a quorum being ·
present.
The minutes of the meeting of January 6th were presented and approved as
written.
The following appointments of Standing Committees for the year 19~7 were
recommended by Mayor DeWitt, who asked for the approval of the Council:
Finance and Ordinance Committee:
Councilmen B.C. Butler, C.J. White and J.B. Smith
Str.?ets and Lighting Comm~.'ttee:
CounciLmen C.J. White, M.M. DeWitt and B.C. Butler
Water Committee:
Councilmen DeWitt, Smith and McNeece
Sanitation Committee:
Councilmen Smith, McNeece and DeWitt
Parks and Beautification Committee:
Councilmen McNeece, Butler and ~nite
Planning Board:
H.A. Hubbard, R.C. Lawson, Kenneth Montgomery, Ssmuel Ogren and E.M.Wilson
Tax Adjustment Board:
E.M. Wilson, H.A. Hubbard and Kenneth Montgomery
Plumbing Examining Board:
George Pinckney, Plumbing Inspector
J.B. Smith, as Chairman of the Sanitation Committee
M.M. DeWitt, as Chairman of the Water Committee
F.B. McN~ece, as Chairman of the Parks and Beautification Committee
Paul ~ers, Plumbing Contractor
Eugene Elliott, Plumbing Contractor
Board of Electrical Examiners:
H.B. Adams, Electrical Inspector
Dan Meadows, Representative of Florida Power & Light Co.
CounciLmen C.J. White and J.B. Smith
R.C. Keen, Electrical Contractor
Raymond White, Electrical Contractor
JANUARY 27th, 19d7.
The appointment of the Zoning Board was postponed until a later meeting. The
term of Mr. C.W. Garner expired on Janua~~ 1st, 19~7, as a member of this Board,
and he had advised the Mayor that he did not wish to be reappointed on th is Board
for another year.
The appointment of the Golf Committee was also postponed until a later date.
In a motion made by CouncilmanWhite, seconded by Councilman Butler, and upon
call of roll unanimously carried, the recommendations of the Mayor were approved
by the Council.
The following Resolution was then presented, and same was read in full:
RESOLUTION NO. 600
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, AUT}DRIZING
THE APPO~.~TMENT OF A T~NNIS coMMITTEE AND
OUTLINING THE DUTIES OF SUCH CO~J~ITTEE.
WHEREAS the City of Delray Beach owns the municipal tennis courts which are
located on West Atlantic Avenue in Delray Beach, Florida, and
~HEREAS these tennis courts were formerly looked after and managed for the
City by the Delray Beach Tennis Association, and
WHEREAS the Delray Beach Tennis Association has turned the management and
custody of these tennis courts back to the City of Delray Beach, and
WHEREAS the City of DelrayBeach desires to have a committee to cooperate
with the Council in advising and assisting in the management of such tennis
courts.
NOW, THEREFORE, BE IT RESOLVED By the City Council of the City of Delray
Beach as follows:
SECTION 1. That the City Council hereby authorizes the creation of a
tennis committee consisting of three members, each of whom will be appointed
for a term of one year by the Mayor of the City of Delray Beach, Florida, and
confirmed by the City Council.
SECTION 2. That it shall be the duty of this Committee to recommend to
the City Council rules and regulations for the control of the municipal tennis
courts, fees to be charged for the use of these facilities and personnel to be
employed in the mauageme~t of the courts.
SECTION 3. The duties and privileges of this committee shall be advisory
only and shall always be subject to the approval and control of the City Council.
PASSED in Regular Session on this the 27th day of January. A.D., 19A7.
(Signed) M.M. DeWitt
President, City Council.
ATTEST: APPROVED:
RUTH R, SMITH (Seal) (Signed) N.M.MayorDeWitt
City Clerk
JANUARY 27th, 19d7.
A motion was made by Councilman McNeece, seconded 'by Councilman Smith,
that the foregoing Resolution No. 600 be passed and adopted as read, and
upon call of roll the motion carried unanimously.
Mayor DeWitt then appointed the following Tennis Committee to serve for
a term of one year, which appointments were approved by the Council:
Dr. E. Monroe Farber, Chairman
CLarence Etheridge
Robert B. Gracey
Mayor DeWitt further explained that the operation of the Tennis Courts
had been taken over by the City on January 1st, 19~7, and would be operated as
a City project, and that the above named Committee would act as an Advisory
Committee in the management of the Courts.
The following Resolution was then introduced, and same was read in full:
RESOLUTION NO. 601
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH,. FLORIDA, PROVIDING FOR THE
APPOINTM2~IT OF CERTAIN CITY OFFICERS ~tND EM- PLOYEES.
WHEREAS, the Honorable M.M. DeWitt, Mayor of the City of Delray Beach,
Florida, has recommended the appointment of ~ertain City officers and employees
to serve at the pleasure of the Council during the year 19~7, and
WHEREAS the members of the City Council have approved such appointments.
NO~, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray
Beach, Florida, that the following officers and employees are hereby appointed
to serve at the pleasure of the City Council during the year 19~7:
City Manager H.P. Edmond
City Clerk and Treasurer Ruth R. Smith
Police Chief R.C. Croft
Fire Chief John Gregory
Superintendent of Public
Works Wilson Harvel
City Attorney J.W. Now]in
Building and Electrical
Inspector H. B:'. Adams
Plumbing Inspector George Pinckney
Tax Assessor and Collector A.L. Greenwood
PASSED in regular session on this the 27th day of January, 19~7.
(Signed) M.M. DeWitt
President, City Council
ATTEST: APPROVED:
(Signed) M.M. DeWitt
RUTH R. SMITH Mayor.
City Clerk
(S~)
JANU^RY27th, 19~7.
After consideration of each appointm~at separately, a motion was made by
Councilman Butler, seconded by Councilman White, that the foregoing Resolution
No. 601 be passed and adopted as read, and upon call of roll the motion carried
unanimously.
Councilman Butler, as Chairman' of the Finance Committee, recommended that the
offer of Mrs. L.J. Nichols of $1,500.00 for the purchase of the West one-half of
Lot 13 and the East 33' of Lot 14 of Vista Del Mar Subdivision be rejected, and
that Cashier's Check for $150.00 which accompanied her proposal, be returned.
A motion was made by Councilman White, seconded by Councilman McNeece, that
the recommendation of the Finance Committee be accepted, and upon call of roll the
motion carried unanimously.
With reference to the six lots in Block 51, which adjoin the Athletic Field,
which were offered to the City by Attorney Hugh MacMillan, Councilman Butler re-
ported that the Finance Committee would not recommend buying these lots, as the
City has no specific need for them at the present time.
After discussion, Mr. Butler was instructed to contact Mr. MacMillan and
determine the cost to him of acquiring title to this property, the Council to
possibly offer to reimburse him for this expense.
Councilman J.B. Smith stated that the Junior Chamber of Commerce were in need
of scales to weigh fish during the coming Fishing Tournament, and it was not possible
to buy or rent them, and he asked if the City would loan scales which they own, to be
used during this Tournament.
Council agreed that they might borrow the City scales if it were permissable
under Resolution prohibiting the loaning of City equipment.
A letter from the State Board of Health was read, advising that improvem, ents
to the swimming pool, as outlined by them, must be started at once or the pool must
be closed.
Mayor DeWitt explained that the estimated cost of doing this work was approxi-
mately $8,000.00 ~nd there is no provision in the budget for an expenditure of this
kind.
City Manager Edmond stated that he had contacted a prospect for the leasing of
the pool, who would make the required improvements and operate the pool, providing he
could make a satisfactory lease with the City.
After discussion, and upon advice of the~ty Attorney, a motion was made by
Cour~cilman ~ite, seconded by Co~mcilman Butler, that City Manager Edmond be authoriz-
ed to advertise for bids for the furnishing of materials according to plans and speci-
fications approved by the State Board of Health, for the improvements to the swimming
pool, bids to be received not later than March'llth, 19&7. U~?on call of roll the
motion carried unanimously.
Mr. Edmond was instructed to ask for a temporary permit to operate the pool for
90 days, pending the receiving of bids for necessary materials to make the improve-
ments, in the meantime to contact the person interested in leasing the pool from the
City.
The following letter was then presented by Councilman Butler, and read in full:
THOMAS M. COOK & COMPANY
West Palm Beach, Florida
January27, 19~7
JANUARY 27th, 19~7.
City Council, City of Delray Beach
Delray Beach, Florida
Gentlemen:
It is our understanding that the City has available funds for the purchase of
bonds, over and above the Sinking Fund requirements, and we hereby offer firm,
all or any part of
$50,000 City of Delray Beach, Florida
Refunding 2½-5% Bonds
Due - July l, 1968
at 99 and interest.
We would appreciate your Council giving prompt consideration for the purchase
of these bonds.
Very truly yours,
THOMAS M. COOK & CO~ANY
By: (Sisned) E.W. jackson"
After consideration by the Council, and upon advice from the City Manager
that approximately $30,000.00 was available at this time for the purchase of
bonds, a motion was made by Councilman Butler, seconded by Councilman White,
that the City purchase $26,000.00 Refunding Bonds, due July l, 1968, at 99 ~nd
accrued interest. Upon call of roll the motion carried unanimously.
The following applications for licenses to sell beer and wine were pre-
sented:
The Great Atlantic and Pacific Tea Co., 50 S.E. 3rd Ave., M.A. Brannam,
Agent
Ruth's Lunch, South Federal Highway, between 9th and lOth Streets,
Mabel Ruth Douglas, Applicant
In a motion made by Councilman White, seconded by Councilman McNeece, the
above licenses were approved.
The following letter, signed by five residents of N.E. 9th Avenue, was
presented and read in full:
"The City Council,
Delray Beach, Fla.
Gentlemen:
The undersigned, as property holders in Delray Beach, Florida, on N.E. 9th
Avenue, between 3rd and ~th Streets, have discovered that Mr. Samuel Ogren is
running a rooming house, a boarding house and an apartment house in this A
zone. It was our understanding that there would be no rooming houses, rooms
to let, boarding houses, etc., within this A. Zone.
Since Mr. Ogren has been on the zoning board of Delray Beach ~d should know
the zoning code we would appreciate it if we could get immediate action.
JANUARY 27th, 19~7.
Sincerely yours,
(Signed) Leland Sterry
" W.T. Kraus
" S. Coey
" Henry V. Pope
27 January 19~7 " A.W. White
Delray Beach, Florida"
City Attorney Nowlin advised the Council that neither Rooming Houses,
Boarding Houses, nor Apartment Houses, as defined in the Zoning Ordinance, were
permitted in this Residence A district, whereupon Councilman White recommended
that a copy of the definitions of a Rooming House, a Boarding House and an Apart-
ment House, be sent to the complainants, and that they be asked to submit proof
that Mr. Ogren is engaging in any of these business from this location.
The request of ~. Raymond White, for a rezoning of the east half of
Block 81, from a Residence C Zone to an Apartment House Zone, was referred to
the Zoning Board for their recommendation to the Council.
A letter from Mrs. John D. ~Ouayle, was presented and read as follows:
"Box 596, Delray Beach, Fla.,
Jan. 2A, 19~7.
Members of the City Council,
Delray Beach, Fla.
Dear Council Members:-
Due to an error in my estimate of the value of my small cottage, instead
of its furnishings, my personal taxes amounted to $22.10 for 19~6.
For 19~5 I had no personal taxes. ~ taxes for 19~5 amo~n~ted to $3~.~3,
while this year, or 19~6, I had to pay $57.52.
An adjustment would be much appreciated.
Yours respectfully,
(Signed) (Mrs. John D.) Martha V. Quayle."
The letter was referred to Mr. A. L. Greenwood, Tax Assessor, for investi-
gation and recon~endation to the C~uncil at their next meeting.
The following communication was presented and read in full:
"Delray Beach, Fla.
January 16th, 19A7
Dear Sir's:
Please premit us, the Seventh-Day Adventist Church, the priviledge of
puti__ng up a tent, on 5th Ave. on the vacon~ lots of Mrs. Eliza Reynol's, Just
south of the two-storry building or in other words, ac_~cross from Rev. L.N.
Quince fruit stand. The size of this tent will be 75 x 100 and will seat
appro×im~tely ~50 people.
(Signed) Paster V.L. Roberts
Local Paster Gerald G. Wells
JANUARY 27th, 19&7.
P.O. Box 1902, Delray Beach
Please notify what to do.
P.S. Would like to begin services the seccond Sunday Night in February.
We garentee on the part_h of the Church perfect order, or will request
police to keep order for us on the outside."
Upon motion of Councilmmn McNeece, seconded by Councilman White,
permdt for the erection of a tent as requested in the foregoing letter, was
denied.
Building Inspector, H.B. Adams, was instructed to notify the owners
of a tent now located on West Atlantic Avenue, that same must be removed at
OMC e.
An application of Gussie Johnson for license to operate one taxi cab
in the City of Delray Beach was presented, and in a motion made by Councilman
White, seconded by Councilman McNeece, action was withheld until the next
meeting, to allow time for investigation of the applicant.
The following communication from Attorney C.Y. Byrd, together with
certificate of dedication signed by Cornelia B. Stevens, were presented and
same were read in full:
"C. Y. BYRD
Attorney-at-Law
Boyd Building
Delray Beach, Fla.
December 17, 19&6
Honorable M.M. DeWitt,
Mayor,
Delray Beach, Fla.
Dear N~. DeWitt:
I have discussed with Mrs. Cornelia B. Stevens on several occasions
the ten foot strip of land lying between Lots 8 and 9, and Lots l0 and ll,
of Seestedt-Stevens Subdivision, and she instructed me to prepare the enclos-
ed certificate of dedication--the original of which has been recorded in the
office of the Clerk of the Circuit Court, Palm Beach County, Florida.
Mrs. Stevens would appreciate if the City would keep this dedication
of land open for the purpose it was intended to be used for when originally
platted and accepted by the City on or about November 20, 1936, i.e. for
public street and alley purposes.
Trusting that you will call this matter to the attention of the
other City officials in order that all buildings and encroachments upon said
public alley may be kept off and that said alley will eventually be paved
and improved for the use ~d benefit of the owners of the other lots in said
subdivision, and the public generally.
/ 21
JANUARY 27th, 19~7.
There appears of record a deed purporting to convey a portion of said ten
foot alley lying between Lots lO ~nd ll, ~ich deed was given with the understand-
lng that it ~ould not be recorded unless the grantees named therein would dedicate
a like ten foot strip of land along the west line of Lot ll, and that the owner
of Lot 8 wc~uld like~,lse dedicate a like strip of land along the west line of said
Lot 8. No such deeds or dedications have been made by either of the owners of
the aforementioned lots, and the deed which ~rs. Stevens executed and entrusted
to the owners of Lots lO and ll has found its way to the public records, is in
her opinion void and does not in any way affect the original intended dedication
of said alley. Mrs. Stevens further contends that the consideration for which
she delivered said deed has failed and the City should disregard said deed and
not in any way attempt to abandon the present alley.
Mrs. Stevens and a majority of the lot o~ers in Seestedt-Stevens Sub-
division consider the ten foot alley--as now laid out and platted on said plat--
of great benefit and importance to all of said lots possibly with the exception
of the lots along which the alley borders, however, the use of said lands for
the benefit of a greater number of owners should be considered, and for that
reason the enclosed certificate of d&dication was executed ~nd recorded.
Your considerate attention to this matter will be greatly appreciated.
Very truly yours,
CYB:n (Signed) C.Y. BYRD
e~cl."
City Attorney Nowlin was instructed to check the status of the alley re-
ferred to, and report to the City Council at a later meeting.
A letter from the newly appointed Tennis Committee, making recommendations
regarding the rates and operation of the Tennis Courts, was submitted to the
Council, and read in full as follows:
"Delray Beach
Florida
To January 27th, 19~7
The Mayor and City Council
City of Delray Beach
Florida
Gentlemen:
The Tennis Committee of Delray Beach, composed of Dr. E. Monroe Farber,
Chairman, Clarence Etheridge, and Robert B. Gracey, and appointed by the Honorable
Mayor M.M. DeWitt, on January 25th, 19~7, respectfully submits the following
recommendations relative to the operation of the City Tennis Courts:
1. Rates: That the following rates be established for the use of the tennis
courts:
JANUARY 27th, 1947.
a. Adults $ .50 per hour
5.00 per week
25.00 per year
Also that an additional fee of 505 per hour per person be charged
for the privilege of reserving a court for singles play at such
times that all courts are filled after 3:00 P.M. Wednesday,
saturday and Sunday.
b. That children in Grade School or High School in the Delray-Gulf
Stream area, or resident children of equivalent age be permitted
to use the courts free of charge on Monday, Tuesday and Thursday
afternocns and Saturday mornings without charge.
That children sixteen years of age or over be perm~itted the use
of the courts at regular rates at any time. They shall not, how-
ever, be excluded from the privileges granted school children in
the next preceding sub paragraph.
That in special cases children of exceptional tennis ability be
permitted, upon the recomm~endation of the Tennis Committee and
the approval of the City M~nager, to enjoy the use of the courts
at any time at adult rates.
2. Personnel:
a. That the present Tennis Professional, Jack Boucher, be retained
as Tennis Professional for the balance of the Season to April
15th, 1947, at his present salaz-y of $65.00 per m~onth. His
duties shall include:
(1) Supervision of court maintenance.
(2) Enforcing of court rules.
(3) Supervision of Childrens' Clinics.
(d) Collection of Fees before 12:00 each day.
It is also recommended that the Tennis Professional, be authorized
to maintain the tennis equipment and raquet repair concession at the
courts during his period of employment.
b. That the Assistant to the Tennis Professional, Tommy Love, be
retained for the balance of the fiscal year at his present salary
of $75.00 per month. His duties shall include:
(1) Keeping daily records of court play.
(2) Collecting of fees, keeping necessary records
of finances, and making returns of same to the
City Manager.
(3) The assumption of the Tennis Professional's
duties during the Professional's absence.
23
JANUARY 27th, 19d7.
It is also recon~ended the.t Mr. Love be authorized to maintain the
cold drink concession at the tennis courts and the tennis equip-
me~t concession during the professional's absence.
c. That the court attendant, Willie Gent, colored, be retained
in his present position at a salary of $21.00 per week. His duties
shall include the maintenance of the tennis courts, the cleaning of
the Club House, and such sundry duties as may arise.
3. That general rules for the use of the courts be recon~nended by the
Tennis Committee and become effective when approved by the City
Manager. These rules shall be enforced by the Tennis Professional
and his Assistant.
Respectfully yours,
(Signed) DR. E. MONROE FARBER
E. Monroe Farber
Chairman."
After consideration by the Council, a motion was made by Councilman
%~ite, that the recommendations of the Tennis Committee be approved as sub-
mitred. The motion was seconded by Councilman McNeece, and upon call of roll
carried unanimously.
The following Resolution was then presented, and same was read in full:
RESOLUTION NO. 602
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA
PROVIDING FOR THE TIME OF HOLDING
REGULAR COUNCIL ~ETINGS.
'WHEREAS, the City Charter provides for the holding of Regular Council
meetings twice a month, and
WHEREAS, the Regular Council meetings have been held the second and
fourth ~ndays of each month, and
%~HEREAS, it is desired that the regular meeting dates be changed.
NOW, THEREFOre, BE IT RESOLVED by the City Council of the City of
Delray Beach, as follows:
Section l: The regular Council meetings shall be held in the City Hall on the second and fourth Tuesday of each month.
Section 2: The time of the regular Council meetings shall be held at lO:O0 A.M.
Eastern Standard Time, during the months of January, February, March
and April and at 2:00 P.M. during the balance of the year.
PASSED IN REGULAR SESSION on this the 27th day of January, 19~7.
(Signed). M.M. DeWitt
ATTEST: President, City Council
RUTH R. ~MITH M.M. DeWitt
City Clerk (SEAL) M.M. DeWitt, Mayor
JANUARY 2?th, 19~?.
Upon motion of Councilman McNeece, seconded by Councilman White, and unani-
mously carried, the foregoing Resolution No. 602 was passed and adopted as read.
The following Ordinance was then brought up for second and final reading,
and same was read in full:
ORDR~ANCE NO. C--23
AN ORDINANCE OF TIlE CITY COUNCIL OF ~IE
CITY OF DELRAY BEACH, FLORIDA, CALLING AN
ELECTION OF THE FREEHOLDERS, THEREDI, WHO
ARE QUALIFIED ELECTORS THEREIN, TO EITHER
APPROVE OR DISAPPROVE AN ORDINANCE GRANT-
ING TO FLORIDA P~ER & LIGHT CO~ANY, ITS
SUCCESSORS A~D ASSIGNS, AN ELECTRIC FRAN-
CHISE, A~D /MPOSING PROVISIONS AND CONDI-
TIONS RELATING THERETO.
'~HEREAS, the City Council on the 23rd day of December, A.D. 19&6, in pursu-
ance of the general laws of the State of Florida and of the Charter of the City
of Delray Beach, Florida, has passed and approved Ordinance No. G-19 which is set
forth in full as follows:
"AN ORDINA~CE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, GRANTING
TO FLORIDA POWER & LIGHT COMPANY, ITS
SUCCESSORS AI~D ASSIGNS, AN ELECTRIC FRAN-
CHISE, Aha] IMPOSING PROVISIONS A~D CONDI-
TIONS RELATING THERETO.
BE IT ORDAINED by the City Council of the City of Delray Beach,
Florida, as follows:
SECTION I. That there is hereby granted to Florida Power &
Light Company (herein called the 'Grantee'), its successors and
assigns, the right, priwilege or franchise to construct, maintain
and operate in, under, upon, over and across the present and future
streets, alleys, bridges, easements and other public places of the
City of Delray Beach, Florida (herein called the 'Grantor') and its
successors, in accordance with established practice with respect
to electrical construction and maintenance, for the period of
twenty (20) years from the d ate of acceptance hereof, electric
light and power facilities (including conduits, poles, wires and
transmission lines, and for its own use, telephone and telegraph
lines) for the purpose of supplying electricity to Grantor, and
its successors, the inhabitants thereof, and persons and Corpora-
tions beyond the limits thereof.
SECTION II. That Grantor hereby reserves the right at and
after the expiration of this grant to purchase the property of
Grantee u~ed under this grant, as provided by the Laws of Florida,
JANUARY 27th, 19&7.
in effect at the time of Grantee's acceptance hereof, including
Section 167.22 of the Florida Statutes 19&l, and as a condition
precedent to the taking effect of this grant, Grantee shall give
and grant to the Grantor the right to purchase so reserved.
Grantee shall be deemed to have given and granted such right of
purchase by its acceptance hereof~ which shall be filed with the
Grsntor's clerk ~thin thirty (30) days after this ordinance takes
effect.
SECTION III. That the facilities shall be so located or re-
located and so erected as to interfere as little as possible with
traffic over said streets, alleys, bridges and public places, mud
~dth reasonable egress from and ingress to a butting property. The
location or relocation of all facilities shall be made under the
supervision and with the approval of such representatives as the
governing body of Grantor may designate for the purpose, but no so
as unreasonably to interfere with the proper operation of Grantee's
facilities and service. Thst when any portion of a street is exca-
vated by Grantee in the location or relocation of any of its facili-
ties, the portion of the street so excavated shall, within a reason-
able time and as early as practicable after such excavation be re-
placed by the Grantee at its expense and in as good condition as
it was at the time of such excavation.
SECTION IV. That Grantor shall in no way be liable or responsible
for any accident or damage that may occur in the construction, opera-
tion or maintenance by Grantee of its facilities hereunder, and the
accept§nce of this ordinance shall be deemed an agreement on the part
of Grantee, to indemnify Grantor and hold it harmless against any and
all liability, loss, cost, damage or expense, which may accrue to
Grantor by reason of the neglect, default, or misconduct of Grantee
in the construction, operation or maintenance of its facilities here-
under.
SECTION V. That all rates and rules ~nd regulations establish-
ed by Grantee from time to time shall at all times be reasonable and
Grantee's rates for electricity~ shall at all times be subject to
such regulation as may be provided by law.
SECTION VI. That within thirty days after the first a~ni~ersary
date of this grant and within thirty days after each succeeding
anniversary date during the existence of this grant, the Grantee,
its successors and assigns, shall pay to the Grantor and its
successors a sum equal to the difference between (a) six per cent
of the amount of its gross revenues from the sale of electric energy
to residential and commercial customers within the corporate limits
of Grantor for the twelve calendar months preceding the applicable
anniversary date, and (b) the amount of any taxes, licenses or
other impositions levied or imposed by Grantor against Grantee,s
property~ business or operations for the preceding tax year.
SECTION VII. As a further consideration of this franchise, said
Grantor agrees not to engage in the business of distributing and
selling electricity during the life of this franchise or any exten-
sion thereof in competition with the Grantee, its successors and
as signs.
JANUARY 2?th,
SECTION VIII. That failure on the part of Grantee to comply
in ~ny substantial respect with any of the provisions of this ordi-
nance, shall be grounds for a forfeiture of this grant, but no such
forfeiture shall take effect if the reasonableness or propriety
thereof is protested by Grantee until a court of competent juris-
diction (with reight of appeal in either party) shall have found that
Grantee has failed to comply in a substantial respect with any of
the provisions of this franchise, and the Or~.ntee shall have six (6)
months after the final determination of the ~uestion, to make good
in default before a forfeiture shall result with the right in Grantor
at its discretion to grant such additional time to Grantee for compli-
ance as necessities in the case require.
SECTION IX. Upon the aunexation of any territory to the City
of Delray Beach, Florida, the portion of such utility that may be
located within the annexed territory or upon the public streets,
alleys, or public spaces thereof shall thereafter be subject to all
the terms of this franchise as fully as if an expressed extension of
this franchise were adopted to apply to such annexed territory.
SECTION X. That all ordinances and parts of ordinances, in
conflict herewith be and the same are hereby repealed.
SECTION XI. This ordinance shall take effect after it has been
approved by a referendum vote at an election held in accordance with
the provisions of the Charter of the City of Delray Beach, Florida,
and the laws of the State of Florida.
PASSED in regular session on second and final reading on
this the 23rd day of DECEMBER, 19&_6.
M.M. DE WITT
President of City Council
ATTEST: APPROVED:
RUTH SMITH M.M. DE WITT
City Clerk" ~Mayor
AND WHEREAS, the Charter of the City of Delray Beach, Florida, provides
that such an ordinance shall not become effective without referendum to the
people, at an election to be called and held in accordance with the provisions
of such Charter for the holding of bond elections.
BND WHEREAS, the Charter of the City of Delray Beach, Florida, provides
that issues of bonds must be approved by a majority vote of the qualified
electors of the m~nicipality, who are freeholders therein at an election
called by ordinance for that purpose and if a majority of the votes cast at
any such election shall be in favor of such bonds, then the same shall be issued.
NOW, TtIEREFORE, BE IT ORDAINED by the City Council of the City of Delray
Beach, Florida, as follows:
JANUARY 2?th, 19~?. /
SECTION 1. A special election is hereby called for Thursday,
March , 6 ~, A.D. 19~7, for the purpose of allowing the qualified electors
of said City who are freeholders therein to approve or disapprove the granting
of an electric franchise under the terms of the ordinance as set forth ~bove.
SECTION 2. All registered qualified electors of the C~ty of
Delray Beach, Florida, who are freeholders therein, and who, on the date of
the closing of the registration books for such election, is a registered
qualified elector and a freeholder, shall be entitled to participate in said
election, and the City Clerk shall make up and certify a list of the names of
all such qualified electors appearing on the registration books of the City who
are determined to be freeholders residing in the City of Delray Beach, Florida,
and who are also determined to be qualified to vote in such election and a
certified copy of such list shall be furnished to the inspectors an~ clerk of
the election at the voting place where the election is to be held.
SECTION 3. Said election shall be held on THURSDAY, MARCH 6 , A.D.
19d7, at DELRAY BOWLING ARCADE in the City of Delray Beach, Florida, between sun-
rise (6.:~0 A.M.) and sunset (.6:25 P.M.), the hour~ of which have been computed
and determined by the United States Weather Bureau, and which hours are hereby
adopted by the City Council of the City of Delray Beach,
SECTION &. That the official election ballot shall be a piece of
plain white paper and in form as follows:
OFFICIAL BALLOT
Special Franchise Election
City of Delray Beach, Florida
March 6,
AN ORDD~ANCE OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
GP~TING TO FLORIDA POWER & LIGHT
COMPANY, ITS SUCCESSORS AND ASSI~S,
AN ELECTRIC FRANCHISE, A~:D I~OSING
PROVISIONS AND CONDITIONS RELATING
THFRETO o
Mark X to indicate your preference.
FOR THE ORDINANCE ( )
AGAINST THE ORDINA~CE ( )
SECTION 5. The City Clerk, v~o is the Registration Officer of the
City, shall register all persons applying to her whose names are not already borne
upon the registration books, and who are qualified to vote in said election and
for this purpose the Registration Book of the City shall continue to be open at
the office of the City Clerk from 8:30 O'clock A.M. until &:30 O'clock P.M. each
day, Saturday afternoons and Sundays excepted, and the special registration of
electors provided for herein shall close not later than five days before Thursday
March 6, 19~7.
JANUARY 27th, 1947.
SECTION 6. That the required thirty days notice of said special franchise
electi on and registration of voters shall be given by publication thereof in the
Delray Beach News at least once each week for four consecutive weeks, such publi-
cation to begin after the d ate hereof and to end prior to March 6, A.D., 1947,
snd the Mayor is hereby authorized and directed, in bis name and in the name of
and in behalf of said City and said Council, to call such election by a proclama-
tion and notice to be published as hereinbefore directed for notice of said election,
which notice shall constitute the notice of election required by law to be published
by the City Council of the City of Delray Beach, Florida, and which proclamation shall
constitute the proclamation required of the Mayor of the City of Delray Beach,
Florida by law.
SECTION 7. This ordinance shall take effect thirty (30) days from the date
hereof.
PASSED on second and final reading on this 27th day of January . 1947.
(Signed) M. M. DE WITT
President of City Council
ATTEST: APPROVED:
RUTH R. SMITH (Signed) M. M. DE WITT
City Clerk Mayor
(SEAL)
A motion was made by Councilman White, seconded by Councilman Butler, that
the foregoing Ordinance No. G-23 be passed and adopted as read on final reading~
and upon call of roll the motion carried unanimously.
Proclamation of the Mayor of the City of Delray Beach, Florida, calling a
special freeholders election in accordance with the prtvisions of the foregoing
ordinance was presented and was spread upon the minutes, as follows:
PROCLAMATION OF MAYOR OF CITY OF
DELRAY BEACH, FLORIDA AND NOTICE
OF SAID CITY A~TD ITS CITY COUNCIL
CALLING SPECIAL FRANCHISE ELECTION.
NOTICE IS HEREBY GIVEN that under authority of the Charter of the City of
Delray Beach, Florida, and also the provisions of Ordinance No. 0-23 of the City of
Delray Beach, Florida, and om. der the power and authority vested in me, I, M.M. DeWitt,
Mayor of the City of Delray Beach, Florida, in my own name and behalf and in the name
and behalf of the City Council of the City of Delray Beach, Florida, do hereby call
and proclaim and give this notice of &nd proclamation of a special franchise election
to be held at Delray Bowling Arcade, which said polling place is the same place which
is used for voting at the general elections usually held in said City, in the City of
Delray Beach, Florida, on Thursday, the 6th day of March, 19~7, the polls to be open
at sunrise (6:~O A.M.) and close at sunset (6:25 P.M.), the hours of which have been
computed and determined by the United States Weather Bureau and adopted by the City
Council, for the purpose of submitting for referendum vote to the registered, quali-
fied, freehold electors of the Cj. ty of Delray Beach, Florida,~ who own property there-
in, the following Ordinance No. G-19 of said City, w~ich is as follows, to ~it:
JANUARY 27th, 19&?.
"AN ORDINANCE OF ~{E CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA,
GRANTING TO FLORIDA POWER& LIGHT
C0~ANY, ITS SUCCESSORS AND ASSIGNS,
AN ELECTRIC FR;~CHISE, AND IMPOSinG
PROVISIONS ~D CONDITIONS RELATING
THERETO.
BE IT ORDAINED by the City Council of the City of Delray Beach, Florida,
as follows:
SECTION I. That there is hereby granted to Florida Power & Light Company
(herein called the 'Grantee'), its successors and assigns, the right, privilege
or franchise to construct, maintain and operate in, under, upon, over and across
the present and future streets, alleys, bridges, easements and other public
places of %he City of Delray Beach, Florida (herein called the ~Grantor') ~nd its
successors, in accordance ~ith established practice v~th respect to electrical
construction and maintenance, for the period of twenty (20) years from the date
of acceptance hereof, electric light and power facilities (including conduits,
poles, %~ires and transmission lines, and, for its own use, telephone and tele-
graph lines) for the purpose of supplying electricity to Grantor, ~d its success-
ors, the inhabitants thereof, and persons and corporations beyond the limits
thereof.
SECTION II. That Grantor hereby reserves the right at and after the expira-
tion of this grant to purchase the property of Grantee used under this grant, as
provided by the Laws of Florida, in effect at the time of Grantee,s acceptance
hereof, including Section 167.22 of the Florida Statutes 19&l, and as a condition
precedent to the taking effect of this grant, Grantee shall give and grant to the
Grantor the right to purchase so reserved. Grantee shall be deemed to have given
and granted such right of purchase by its acceptance hereof, which shall be filed
~th the Grantor's clerk within thirty (30) days after this ordinance takes effect.
SECTION III. That the facilities shall be so located or relocated and so
erected as to interfere as little as possible with traffic over said streets,
alleys, bridges and public places, and with reasonable egress from end ingress to
abutting proper~y. The location or relocation of all facilities shall be made
'under the supervision and wit!~ the approval of such representatives as the
governing body of Grantor may designate for the purpose, but not sc as unreason-
ably to interfere %~th the proper operation of Grantee's facilities and service.
That when any portion of a street is excavated by Grantee in the location or re-
location of any of its facilities, the portion of the street so excavated shall,
within a reasonable time and as early as practicable after such excavation be
replaced by the Grantee at its expense and in as good condition as it was at the
time of such excavation.
SECTION IV. That Grantor shall in no way be liable or responsible for any
accident or damage that may occur in the construction, operation or maintenance
by Grantee of its facilities hereunder, ~.nd the acceptance of this ordinance
shall be deemed an agreement on the part of Grantee, to indemnify Grantor and
hold it h~rr.!ess against any and all liability, loss, cost, damage or expense,
which may accrue to Grantor by reason of the neglect, default, or misconduct of
JANUARY 27th, !9d7.
Grantee in the construction, operation or msdntenance of its facilities hereunder.
SECTIO~ V. That all rates and rules ~nd regulations established by
Grantee from time to time shall at all times be reasonable and Grantee,s rates
for electricity shall at all times be subject to such regulation as may be
provided by law.
SECTION VI. That within thirty days after the first anniversary date of
this grant and within thirty days after each succeeding anniversary date during
the existence of this grant, the Grantee, its successors ~nd assigns, shall pay
to the Grantor ~nd its successors a sum equal to the difference between (a) six
per cent of the ~ount of its gross revenues from the sale of electric energy
to residential and commercial customers within the corporate limits of Grantor
for the twelve c~endar months preceding the applicable anniversary date, ~nd
(b) the amount of ~xny taxes, licenses or other impositions levied or imposed by
Grantor against Grantee's property, business or operations for the preceding tax
year.
SECTION VII. As a further consideration of this franchise, said Grantor
agrees not to engage in the business of distributing and selling electricity dur-
ing the life of this franchise or any extension thereof in competition with the
Grantee, its successors and assigns.
SECTION VIII.~ That failure on the part of Grantee to comply in any sub-
stantial respect with any of the provisions of this ordinance, shall be grounds
for a forfeiture of this grant, but no such forfeiture shall take effect if the
reasonableness or propriety thereof is protested by Grantee until a court of
competent jurisdiction (with right of appeal in either party) shall have found
that Grantee has failed to comply in a substantial respect with any of the pro-
visions of this franchise, and the Grantee shall have six (6) months after the
final determination of the question, to make good the default before a forfeiture
shall result with the right in Grantor at its discretion to grant such additional
time to Grantee for compliance as necessities in the case require.
SECTION IX. Upon the annexation of any territory to the City of Delray
Beach, Florida, the portion of such utility that may be located within the
annexed territory or upon the public streets, alleys, or public, spaces thereof
shall thereafter be subject to all the terms of this franchise as fully as if an
expressed extension of this franchise were adopted to apply to such annexed
territory.
SECTION X. That all ordinances ~nd parts of ordinances, in conflict
herewith be ~nd the same are hereby repealed.
SECTION XI. This ordinance shall take effect after it has been approved
by a referendum vote at an election helf in accordance with the provisions of
the Charter of the City of Delray Beach, Florida, and the laws of the State of
Florida.
PASSED in regular session on second and final reading on t his the 23rd
day of December, 19~6.
- (Si ed) OE WITT
President of City Council
ATTEST: ~tPP ROVED:
M.M. DE WITT
RUTH SMITH Mayor "
C~ty Clerk
(SEA~)
JAniZARY 27th, 19&7.
NOTICE IS ALSO HEREBY GIVEN that the Registration Book of the City of
Delray Beach will continue to be open in the office of the City Clerk, who
is the Registration Officer for Delray Beach, from 8:30 o'clock A.M. until
&:30 o'clock P.M. each day, Saturday afternoons and Sundays excepted, to
enable all persons who are qualified to vote in such election to register, and
the special registration of electors provided for herein shall close not later
than five days before Thursday, March 6, 19~7.
All registered eual~fied electors of the City of Delray Beach, Florida,
who are freeholders therein shall be entitled to participate in said election.
Signed at Delray Beach, Florida, this 27th day of January, 19d7.
(Signed) M.M. DE WITT
Mayor of the City of Delray
Beach, Florida
CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA
By: (Signed) M.M. DE WITT
Mayor
City Manager F~mond advised the Council of a difference in valuations on the
19~6 Tax Roll of properties in the same vicinity, which vary from $3.&5 per front
foot to $18.10 per front foot, and asked the Council to authorize the equalization
of values in these sections.
1~6 Assessments based on 100' Depth
Delray Beach Esplanade $11.70 per front foot
Waterway Lane 3.~5 " " "
Seabreeze Park (Seabreeze Ave.) - - 11.78 " " "
Ocean Park (Salina St.) 12.66 " " "
Williamson-Diebel (Miramar Dr. ) - - 18.10 " " "
Nassau Park (Nassau St.) 1~.9~ " " "
Wheatley S/D (Nassau St.) 12.05 " " "
After discussion by the Council, a motion was made by Councilman White,
seconded by Councilman Butler, that the Tax Assessor be authorized to bring these
assessments in line with surrounding property, on the 19d7 Tax Roll, and upon call
of roll the motion carried mnanimously.
City Manager Edmond reported to the Council that all work had be en completed
on the City Docks, and that all dock spaces were in use. Also that the ditch had
been completed for the drainage of Nassau and Gleason Streets.
M~. F~mond advised the Council that the c~dle power of all lights on
Atl antic Avenue had been raised from 1OO cp. to 250 cp., and that eleven lights
had been added between the Federal Highway and Swinton Avenue, on a trial basis.
The following Resolution was then introduced, ~d same was read in full:
32
JANUARY 27th, 19~7.
RESOLUTION NO. 603
A RESOLUTION OF THE CITY CO~CIL
OF THE CITY OF DELRAY BEACH, FLORIDA,
ORDERING T~ CITY ENGINEER TO PREPARE
PLANS AND SPECIFICATIONS FOR STREET
IMPRDVEMENT WORK.
WHEREAS, the City Council deems it to the best interest of the City of
Delray Beach to cause that portion of S.W. Third Street from Swinton Avenue to
S.W. Fifth Avenue to be repaved to a total width of 18 feet, and to assess the
cost of such paving against the lands abutting thereon.
N~, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray
Beach, Florida, as follows:
SECTION 1. That the City Engineer be and he is hereby required to immediately
prepare plans, specifications and estimates of the cost for such paving for the
following proposed improvements, to-wit:
Re-paving that portion of S.W. Third Street from Swinton Avenue to S.W. Fifth
Avenue.
SECTION 2. That said plans and specifications and estimates of cost for such
pro_losed improvements when compiled by the City Engineer shall be filed ~_th the
City Clerk and a copy of said plans, specifications and estimates of cost shall
also be filed in the office of the City Engineer for public inspection.
ADOPTED by the City Council of the City of Delray Beach, Florida, this the
27th day of J&u~ry, 19~7.
(Signed) M.M. DeWITT
President, City Council.
ATTEST: APPROVED:
(Si~ned) N3TH R. S~TH (Signed)~ N.M. DeWITT
City Clerk. Mayor.
(SEAL)
Upon motion of Councilman Smith, seconded by Councilman Butler, unanimously
carried, the foregoing Resolution No. 603 was passed and adopted as read.
With reference to the application of Wilson's Food Stores, #6 East Atlantic
Avenue, for a license to sell beer and wine, City Attorney Nowlin advised that th~
Liquor Ordinance provides that the sale of beer and wine is prohibited between the
hours of 8 A.M. and & P.~. on Mondays through Fridays, ~thin three hundred feet of
school property.
City Attorney Nowlin also advised the Council that he had written to the
Florida East Coast officials complaining of the loud blowing of train whistles on
through trains, especially during the night, and that the Traffic Superintendent
had reported to him that he was passing on the word to the proper authorities to
tone do~.n their whistles.
JANUARY 27th, 19d7.
In a motion made by Councilman Butler, seconded by Councilman White,
unanimously carried, bills totaling $11,961.11, having been approved by two-
members of the Finance Committee, were ordered paid, subject to the approval of
the third member of this committee.
Mayor DeWitt advised the Council, with reference to the sale of the
$350,000.00 Water Revenue Certificates, that February 1st had been set as a dead-
line for the Equitable Securities Corporation of Nashville, TenneSsee, to accept
the certificates which have been validated by the Court.
Upon motion of Councilman Butler, seconded by Councilman McNeece, the
Clerk was instructed to deposit the $10,500.00 certified check which accompanied
their proposal to purchase the certificates, on February 3rd, unless they have
been heard from by February 1st.
City Manager Edmond presented an application of Mr. E. Anderson, for a
permit ~.o._c~nstruct a small office building on Lot ll, Block l, Osceola Park,
on the ~g~side of the South Federal Highway, stating that the building would be
lA' x 12', built of concrete, and_ would have a set-back of twenty-five feet.
After discussion by the Council, a motion was made by Councilman McNeece,
seconded by Councilman White, that perm.~t be denied, as it would not be in keep-
ing with construction on the Federal Highway~ a~d wo~uld establish a bad precedent.
It also would interfere with the widening of the Highway at some future time. Upon
call of roll the motion carried unanimously.
Council then~ourned.
'--'Mayor