02-11-47 FEBRUARY llth, 1947.
Regular meeting of the City Council of the City of Delray Beach was held
in the Council Chambers at lO:O0 A.M. with Mayor N.M. DeWitt in the Chair, and
City Manager H.P. Edmond, City Attorney J.W. Nowlin, and the following Council-
men present: B.C. Butler and J.B. Smith, a quorum being present.
The minutes of the meeting of January 27th were presented and approved as
written.
City Attorney Nowlin advised the Council that after a thorough check Of the
freeholders list of registered voters of the City of Delray Beach had been made
by the registration officer, and the Florida Power and Light Co., it had been
determined that the names of certain persons should be struck from this list as
being deceased, having moved from the City, or not now being property owners.
The following list of names to be stricken from the list of Freeholders was pre-
sented for the approval of the Council by the City Clerk.
The following Resolution was then introduced:
RESOLUTION NO. 60~
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF D~JRAY BEACH, FLORIDA, AUTHORIZING
AND DIRECTING THE REGISTRATION OFFICER OF
THE C[TY OF DELRAY BEACH, FLORIDA TO PUB-
LISH AND POST NOTICE OF THE DETERMINATION
OF SAID REGISTRATION OFFICER TO PURGE THE
FREEHOLDER LIST OF THE CITY OF DELRAY BEACH,
FLORIDA OF THE NAMES OF THOSE PERSONS DETER-
MINED INELIGIBLE TO VOTE AT THE REFERENDUM
~JW. CTION ON ORDINANCE NO. G-19 OF THE CITY
OF D~AY BEACH, FLORIDA TO BE HELD ON
MARCH 6, 19~7
BE IT RESOLVED by the City Council of the City of Delray Beach, Florida:
1. That the Registration Officer of the City of Delray Beach, Florida be
and hereby is authorized and directed to publish notice in the Delray Beach News,
Delray Beach, Florida, in the editions published on February l&th, 21st and 28th,
19&7, and to post notice at the door of the City Hall of Delray Beach, Florida of
the determimtion of said Registration Officer to strike from the Freeholders
Lists of the City of Delray Beach, Florida the names of the following persons:
Adams, John H. Bassie, Mary
Adderley, Frances Bain Berry, Gostie
Albert, Mary Lee Boyd, Frederic E.
Albert, William Boyd, Kathleen J.
Allendorph, Jennie L. Boyd, Mercy M.
Andre~s, Owen Brantley, Carlis
Armstead, Lee Brantley, Ruby M.
Baker, Doris Brown, Fred H.
Baker, Juanita Brown, Marie
Baker, Mamie Bruin, Mattie
Broker, W.C. Bryant, Dorothy A.
Baldwin, Joseph A., Jr. Bush, Natalie
Baldwin, Lulu Lee B~tler, R.V. Rev.
FEBRUARY llth,
Ball, J. Alwyn Carey, Burgess
Banks, Rosa Anne Carter, Lewis
Batch, Henry S. Carter' Viola
Clem, Clarence Krenz, Arthur C.
Colledge, A.H. Krenz, Emma A.
Cooke, Frederick W. Lamade, D. Wilson
Cowan, Wood M. Laster, Emerson
Crego, Frank Laster, Gladys
Cromer, Margaret Lofton, Pearl
Dawson, Jeanette B. Long, Lillie Mae
Deese, M.D. Mansfield, Jennie
Deese, Mrs. M.D. Milton, K.J.
Dixon, Charlie Miller, Mary B.
Douglas, Amie Monroe, Olive
Drumm, Florence V. Montgomery, Andy
Dru~n, Lloyd A. Montgomery, Corinne
Edmonds, Onyx Moore, Bessie D.
Fillebrown, Phyllis K. Myers, Philip
Fillebrown, W.Y. McColly, F,C.
Fitch, Mrs. AeS. McColly, Lizzie
Floros, Peter J. McIntyre, Mary M.
Floros, Vivian R. McIntyre, Robert E.
Foote, Mrs. E.B. Nagle, Michael
Footman, Charlie Nathan, Mabel
Fountain, H.N. Neale, Mrs. C.C.
Freeman, James Nell, A.L.
Fuller, Harriett W. Nelson, Alfred F.
Gadson, Demo Nichols, Insie Viola
Gaines, Julius Nu~in, Eliza
Ganson, Curtis B. Ostro, Bernice M.
Garrison, Maxine W. Page, Edward T.
Gathright, Alice M. Palmer, Ezekial
Gathright, Richard E. Parker, Edith E.
Gay, Katherine S. Parks, Alex
Gaylard, Roy Parks, Erskine
George, Edward N. Parks, R~bie M.
Gilbert, Roberta Paschall, Mary
Green, Catherine Pearcy, Sarah C.
Grisby, Anthony Peirsol, Ruth D.
Grisby, Niston Peirsoll, W.S.
Harding, w.11 a Phoenix, Georgianna
Hardwick, Will Platt, Edna W.
Harris, Emma Platt, Mizell
Harris, Margaret E. Priest, Joe L., Jr.
Hemenway, Estalla Priest, Margie
Hill, Annie C. Prince, Mrs. Kate
Hofman, Anna Redmond, Chas. J.
Hogins, Dave Rehr, Paul A.
Holiday, Sauella Rehr, Louisa H.
Hollman, Anna M. Riker, Annette R.
Hollman, Geo. H. Riker, Lafon
Howenstein, Helen R. Riley, George H.
Hubbard, H.A. Ritter, R.W.
Hubbard, Joanna C. Robinson, Will
FEBRUARY llth, 19&7.
Iverson, Lester Rugg, Emma
Jenkins, Alex Rugg, Otto E.
Jenkins, Magnolia Russell, Willard
Johnson, Carrie Satterfield, Marion G.
Johnson, Robert Saxton, Robert H.
Jones, Ella Schnabel, Paul
Jones, Fred Scott, Willie
Jones, Sadie Shields, Frances
Josey, Dollrel Shields, Herbert
Ketler, Harry Singer, Frieda
Keys, Hattie Ruth Smith, Allen
Smith, Dan W.
Smith, Eddie
Smith, Emma
Smith, Lot L.
Smith, Margaret C.L.
' Smith, Viola
Spells, Jerry
Stanley, F.W.
Swan, J. Lee, Jr.
Taylor, Beatrice
Taylor, Joe
Titus, Robert B.
Titus, Violet L.
Troup, J.L.
Turpin, Gertrude M.
Upchurch
Wagner, Richard A.
Waldrep. Elma M.
Wallace, J.W.
Washington, Caroline
Watkins, Elmore
Weeks, Myrtle A.
Weinerman, M.N.
Wetmore, Seward
Wilson, Florence
Wilson, L.S.
Wilson, LeRoy
Wilson, Pearl
Wiss, Grace V.
Wood, Emily R.
Wood, H. McGuire
Wuepper, J,S.
Wuepper, R.H.
Yardley, Julia P.
Youngblood, Arthur
Youngblood, Lucille
Zeder, John A.
and to thereby notify said persons that their names will be sticken if they do
not show cause to said Registration Officer why their names should not be stricken.
FEBRUAR~ llth, 19&7.
2. That said Registration Officer is further authorized and directed
to add to the foregoing list of names to be published the name or names of m~y
other person or persons who the said Registration Officer from time to time
hereafter determines to strike fro~ said Freeholder Lists.
Passed in regular session oN this llth day of February, 19d7.
(Signed) M. M. DE WITT
President of City Council
ATTEST: APPROVED:
(Signed) RUTH R. ~MITH (Signed) M. M. DE WITT
City Clerk Ma~or
Upon motion of Councilman Butler, seconded by Councilman Smith and
unanimously carried, the foregoing Resolution No. 60A was passed and adopted
as read, a list of the names to be stricken from the registration list to be
published in the Delray Beach News in theissues of February 14th, 21st and
28th, and a list to be posted on the bulletin board in the City Hall.
The following Resolution was then presented by the City Attorney, and
same was read in full:
RESOLUTION NO. 605
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DEIRAY BEACH, FLORIDA, AUTHORIZING THE CITY
ATTORNEY TO INSTITUTE ~24INENT DOMAIN PROCEEDINGS
FOR THE ACQUIT OF CERTAIN REAL PROPERTY IN
LOT 9 OF SECTION 20, TOWNSHIP &6 SOUTH, RANGE &3
WHEREAS the City of Delray Beach now has a right-of-way for street pur-
poses along S.W. Fourth Street from Swinton Avenue to S.W. Third Avenue, which
is 25 feet in width and
WHEREAS the City Council deems it to the best interest of the City of
Delray Beach to acquire an additional 25 foot strip immediately south of said
right-of-way so that the width of S.W. Fourth Street can be increased to 50
feet.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray
Beach, Florida, as follows:
SECTION 1. That the City Council of the City of Delray Beach hereby
authorizes the acquirement by eminent domain proceedings of the North 25 feet
of Lot 9 of Section 20, Township &6 South, Range &3 East, less the West 332.2
feet thereof as per plat recorded in Plat Book 1 at page & of the public
records of Palm Beach County, Florida, for the purpose of using said property
as a street.
FEBRUARY llth, 19~7.
Section 2. That the City Attorney is hereby authorized and directed to
immediately institute eminent domain proceedings for the purpose of acquiring
said real property.
PASSED in Regular Session on this the llth day of February, 19~7.
(Signed) M.M. DeWITT
President, City Council
ATTEST: APPROVED:
(Signed)
(Si ed) m rH or.
City Clerk.
A motion was made by Councilman Butler, seconded by Councilman Smith, that
the foregoing Resoluti~nNo. 605 be passed and adopted as read, and upon call of
roll the motion carried unanimously.
With reference to the street improvement work to be done on S.W. 3rd Street,
City Manager Edmond stated that in his opinion the cost of the reconstruction of
this street should not be assessed against the abutting property, or at least some
portion of the expense should be borne by the City, as the paving of the street had
originally been paid for by the property owners, and the pavement had gone to pieces
from lack of care and maintenance by the City.
Councilman Butler contended that the rebuilding of streets had been assessed
to property owners in Dell Ida Park and other sections of the City, and it would
not seem fair to make an exception of this particular street.
Councilman Smith agreed with the City Manager that the property owner should
not be penalized because the City had failed to maintain the street which they had
paid for once.
Councilman White entered the meeting during the discussion, and suggested
that a policy might be adopted for all future street construction work, possibly
that the City would bear 50% of the cost of the rebuilding of neglected streets,
and new streets be assessed 100% against the abutting property.
Mayor DeWitt stated that a definite policy should be established before any.
action on the resurfacing of S.W. 3rd Street was taken, and asked that the matter
be tabled until the next meeting, in the meantime Mr. Edmond and the Street Committee
could determine a policy to be used for all future street improvements, clearly
defining "reconditioning" and "reconstructing".
City Manager Edmond presented a plat of Nichols Second Addition, from S.W.
2nd Avenue to S.W. ~th Avenue, dedicating S.W. 6th Street, running through the center
of the Subdivision, as a public thoroughfare. Mr. Edmond stated that Mr. Nichols had
agreed with the property owners adjoining this Subdivision, that if they would con-
tribute $1,200.00 toward the paving of this Street he would pay the balance of the
cost. Only $600.00 had been raised, and Mr. Nichols had turned this amount, together
with his check for $2,000.00 over to the City, and asked that the Street be paved by
the City and according to City specifications. Mr. Edmond estimated the cost of the
work would be approximately $2,100.00.
After consideration by the Council, a motion was made by Councilman White that
the plat and dedication be accepted, also the proposition submitted by Mr. Nichols
.for the paving of S.W. 6th Street, and that any portion of the $600.00 contributed
by surrounding property owners not used for the construction of the street, be re-
turned to them, and that Mr. Edmond be authorized to proceed with the work at once,
FEBRUARY llth, 19~7.
securing the rock and renting the necessary equipment for the work. The motion
was seconded by Councilman Smith, and upon call of roll carried unanimously.
City Manager Edmond submitted for the approval of the Council a sketch
of a caterpillar tractor with a front end loader, and bulldozer blade that can
be attached, which could be purchased complete for $7,115.00, ~hich he explained
would save the City considerable money and equipment in cleaning the beach, could
be used at the garbage disposal dump, could be used to load trash and rock, and
would be heavy enough to be used on street construction work.
After discussion, a motion was made by Councilman White, seconded by
Councilman Smith, that the City Manager be authorized to receive bids, and to
place an order with the lowest and best bidder for this equipment according to
the machine outlined, complete with blade and loader. Upon call of roll the
motion carried unanimously.
City Manager Edmond advised the Council that about eight years ago au
agreement with the churches had been made whereby they would be charged only the
minimum fee for water used at their church property. This agreement was cancelled
by Ordinance No. G-7, authorizing the issuance of Water Revenue Certificates,
passed and adopted August 12th, 19~6, and since that time all churches have been
billed for the amount of water used.
It was the consensus of opinion of the Council that the churches should
be allowed to pay only the minimum fee, and City Attorney Now]in was instructed
to prepare a Resolution whereby the Water Department would be reimbursed from
the General Fund of the City for the difference between the minimum charge and the
amount of water used.
City Attorney Now]in was also asked to prepare an Ordinance requiring
property owners to put all garbage and trash in containers, in both residential
and commercial districts, if there is no existing law making this necessary.
The following letter from Mr. J. W. Nowlin was read and ordered filed:
J. W. NOWLIN
Attorney at Law
Delray Beach, Fla.
February 5, 19~7
Hon. City Council
Delray Beach, Florida
Gentlemen:
On December 17, 19~6, Mr. C.Y. Byrd, Attorney, wrote to the Hon. M.M.
DeWitt as Mayor of the City of Delray Beach, stating that Mrs. Cornelia B.
Stevens had recorded a .dedication for a l0 ft. strip of land lying between
Lots 8 and 9 and Lots l0 and ll of Seestedt-Stevens Subdivision and asking that
the City keep the dedication of the land for public street and alley purposes.~
I find from the public records that Mrs. Stevens if the owner of this strip inso-
far as it is located between Lots 8 and 9, but that she has heretofore deeded her
interest in the strip between Lots l0 and ll to Mr. & Mrs. Hamilton H. Roberts.
This deed contains a clause that it is subject to whatever rights the City of
Delray Beach has in and to said l0 ft. strip of land. It is my opinion, however,
that on the date this deed was executed that the City of Delray Beach did not have
any interest in this property because this strip had not been dedicated to public
use nor had it ever been conveyed to the City of Delray. Beach.
FEBRNAR~ llth, 19~7.
Since Mr. Byrd advises that the certificate of dedication has already been
filed in the office of the Clerk of the Circuit Court of Palm Beach County, Florida,
I do not see the necessity of the City taking any further steps in this matter at
this time. If the City should decide to use this strip as au alley or a street,
then the question will have to be decided as to whether or not Mrs. Stevens had
the right to make this dedication which has now been recorded. Until such time
as the City desires to use this property, I see no necessity of going further into
this matter.
Very truly yours,
(Si~ed) J.W. ~0~
J.W. Nowlin
JWN/d" City Attorney
Mr. C.Y. Byrd, a County Commissioner, and Mr. J.M. Boyd, County Engineer,
addressed the Council, presenting a sketch of the proposed bridge to be built
across the Intracoastal Canal on Atlantic Avenue. Mr. Boyd explained that the
County proposes to build a four lane bridge with sidewalks on either side, with
an additional span to the east to provide for the passage of water at high tide,
to prevent flooding. Atlantic Avenue will be widened from Andrews Avenue west to
a width of forty feet. Construction of storm s ewers, or drainage of Atlantic
Avenue will be worked out with the City. They contemplate building a detour bridge
at the foot of N.E. 1st Street for use during the construction of the new bridge.
The project is estimated to cost about $300,000.00.
In accordance with instructions from Mr. Nowlin, City Attorney, that portion
of the minutes of the meeting of December 23rd, 19~6, reading as follows:
"A letter from the Florida Power & Light Co., explaining certain phases of
the foregoing Ordinance,~ was presented and read as follows, this letter to be
incorporated with and made a part of Ordinance No. G-19."
was corrected to read as follows:
"A letter from the Florida Power & Light Co., explaining certain phases of the
foregoing Ordinance, was presented and read as follows, this letter to be attached
to Ordinance No. G-19."
The Clerk presented a letter from Dr. W.C. ~lliams, Jr., which was read in
full as follows:
W. C. WILLIAMS, JR., M.D.
305-7 Harvey Bldg.
West Palm Beach, Florida
Fear uary 5, 19~7.
M~yor and Couns_il of Delray Beach
Delray Beach
Florida
Dear Sirs,
This is your notice effective as of this date that I a~ cancelling all easements
given to the city of Delray Beach concerning South half of block 140, Delray
Beach. Therefore I am asking that you remove all shrubbery and anything else
FEBRUARY llth, 19~7.
you have placed on this property. I am also requesting that you refill the
ditch you dug across the south end of this property running east and west and
that you also repair the private street which you dug across while making this
ditch.
Very truly yours,
(Signed) W. C. WILLIAMS, JR.
W. C. Williams, Jr.
acting for Ethel Sterling
WCW/lm" Williams.
City Attorney Nowlin was instructed to determine whether or not Dr.
Williams could cancel easements given to the City, and report his findings to
the Council.
The following letter was then presented and read in full:
MONTGOMERY & ADAMS
Realty
152 North Federal Highway
Delray Beach, Florida
February ~, 19~7.
City of Delray Beach
Delray Beach, Florida
Gentlemen: Att.e~tion of Ma~or M.M. DeWitt
At the recent annual meeting of the Delray Beach Property Owners Pro-
tective Association a resolution was passed favoring the organization of a
central committee of civic clubs and other organizations.
A temporary committee of the above association was appointed to look into
this matter closely before proceeding further. This committee has held two
sessions and interviewed twelve local organizations. It is their idea to re-
quest all civic clubs, the City Council, the American Legion, etc., to have a
representative on this committee, that representative being the Presideat of
each club.
As you are doubtless aware, from time to time matters of real importance
occur in our community, and others will occur, such as a new bridge, the deepen-
ing of the canal, raising the grade of Atlantic Avenue, Florida Power & Light
franchise, etc., and these matters would be submitted to such a committee rather
than to each individual club.
The name suggested for this committee is the Central Committee of Civic
Clubs of Delray~ Beach, Florida. Meetings will be called whenever in the opinion
of the chairman, thereof, it seems necessary to discuss any pertinent matter with
which the community is confronted, then each one is to report back to their club
or association the opinion of this general committee. In this way it should give
us a uuity of action which we do not have at present. Please understand that
this committee is to have no power other than to pass upon and recommend or re-
ject any question submitted to them for their action.
FEBRUARY llth, 19&7.
We would like to have you, as President, bring this suggestion before your
membership and, if favorable, write Mr. Frank Seeley, Jr., temporary Secretary,
c/o Box P!~.!.~ or telephone him at 680 giving him the name of your appointed alter-
nate. A meeting of these members willthen be .called to form the permanent com-
mittee.
Very truly yours,
(Signed) K.R. MONTGOMERY."
Mayor DeWitt stated that with the approval of the Council he would like to
appoint Councilman B.C. Butler to serve on this proposed Committee as a representa-
tive of the City Council. The appointment was confirmed by the Council.
The request of the Delray Beach Woman's Club for permission to use the Band
shell in the City Park on the afternoon of February 27th for the presentation of a
Fashion Show in connection with their Garden Tour to be held on that date, was
granted by the Council.
The following letter from Dr. John W. Williams was read, as follows:
"Feb. 10, 19&7
Delray Beach, Florida.
City Council,
Delray Beach, Florida.
Gentlemen,
Authorization is desired to establish an office for the practice of
medicine in a residential or apartment zone of the City of Delray Beach. No suit-
able office space is available in the business zone. I have no definite location
in mind at this time but a location within two blocks of the business area is de-
sired. It is planned to use an existing building or construct something suitable.
An early reply would be appreciated.
Sincerely yours,
(Signed) JOHN W. WILLIAMS
John W. Williams, M.D."
After considerable discussion by the Council as to the advisability of per-
mitting any .businesses to be conducted in a residential zone, the matter was re-
ferred to the Planning Board and the Zoning Board for their consideration and
recommendation to the Council, especially as to whether or not it might be ad-
visable to allow professional businesses to be conducted in Apartment House and
Rooming House Districts. Dr. Williams was also asked to advise them, if possible,
of any proposed locations he might be considering.
With reference to the request of Mrs. Martha V. Quayle for an adjustment of
19&6 Personal Property Tax paid by her on an incorrect assessment, Mr. A.L. Greenwood,
Tax Assessor, after verifying her claim, made the following recommendation to the
Council:
Report on letter from Mrs. Martha V. Quayle regarding over-payment of Personal
Property Tax for year 19~6:
Called on Mrs. Quayle Jan. 30, 19~7 and obtained corrected Personal Property
Tax Return for 19~6, which shows an aggregate taxable value of $75.00 after deducting
FEBRUARY llth, 19&?.
all exemptions. In view of the above, Mrs. Quayle should have paid 15 mills on
$75.00, or $1.13, for operation and maintenance and 11 mills for Debt Service,
or $.83, making a total of $1.95, instead of $22.10 paid on original incorrect
return. This should make a refund of the difference between $22.10 and $1.95,
or $20.15, to be in order.
A.L. GREW~WOOD
Tax Assessor and Collector."
A motion was made by Councilman White that the assessed value of personal
property be corrected, and that a refund of $20.15 be made to Mrs, Quayle, as
recommended by Mr. Greenwood. The motion was seconded by Councilman Smith, and
upon call of roll carried unanimously.
Council approved the granting of a Beer & Wine license to Thomas Kemp,
operating Kemp's Paradise on N.W. 5th Avenue near 1st Street, in a motion made
by Councilman White, seconded by Councilman Smith, and unanimously carried.
The application of Gussie Johnson for a license to operate a Taxi-Cab in
the City of Delray Beach was tabled.
Bills totaling $57,057.79 were approved for payment, subject to the
approval of the Finance Committee.
Mr. H.B. Adams, Building Inspector, presented an application of John Man
Sweden for permit to construct a warehouse and work shop on the rear of Lot 5,
Block 92, the building to be erected ll feet back of the existing building on
the front of the lot.
As the proposed construction met all requirements of the Building Code,
the granting of Building Permit was approved by the Council.
The application of Howard Smith, owner of Lots 20 and 21, Block 5, Dell
Park, for permission to change the lot lines to provide for two 70' x 100' lots
facing on N.E. 2nd Avenue instead of two 50' x 140' lots facing on N.E. llth
Street, was referred to City Attorney Nowlin to make the proper designation of
the proposed lot lines before consideration by the Council.
City Attorney Nowlin advised that he had received a letter from the
Attorneys for the Equitable Securities Corporation and Stranahan, Harris and
Company, stating that ¥~. Geo. N. Bullard would be in Delray Beach in the near
future to confer with the Council regarding their proposal to purchase the
Water Revenue Certificates.
Mr. Bullard, being in the Council Chambers at this time, addressed the
Council, stating that last October there seemed to be an impression that he was
helping finance the Taxpayer's suit against the validation of the Water Revenue
Certificates, and that he would like to make it clear that neither he himself,
nor Equitable Securities Corporation, nor Stranahan, Harris & Co. had ever con-
tributed toward aiding this group of citizens.
Mr. Bullard then stated that since making his. proposal in October to take ·
the first two hundred maturing bonds at a price of 96.13, the bond market had
changed considerably, and they were now able to buy bonds much cheaper. He now
proposed to .purchase two hundred bonds at 95, which would make the interest cost
approximately 2.~J.%. That would mean buying the bonds at 96.13 and the difference
FEBRUARY llth, 19~7.
would be returned to him from Water Department funds.
Mayor DeWitt asked the Council if they would be interested in less than the
whole $350,000.00, whereupon Co~cilman White stated that it would be necessary
to determine just what could be accomplished with a smaller amount of money.
After discussion by the Council, City Attorney Nowlin suggested that Mr.
Bullard submit his proposition in writing for the Council to study, putting a
time limit on his proposal for an acceptance or rejection by the Council. Mr.
Bullard agreed to do this, the proposal to be considered at a later meeting.
Council then adjourned.
Cit~
Clerk
APPROVED: ~ f/