02-25-47 FEBRUARY 25th, 19&7.
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 M.M. DeWitt in the Chair, and
City Manager H.P. Edmond, City Attorney J.W. Nowlin, and the following Councilman
present: B.C. Butler and J.B. Smith, a quorum being present.
The minutes of the meetings of January 30th, February llth and February lath
were presented and approved as written.
City Manager Edmond,s recommendations as to the future policy of the City
with reference to street repairing and repaving were submitted to the Council as
follows:
"Honorable Mayor and City Council
Delray Beach
Florida
Gentlemen:
In regard to paving, maintenance, reconditioning and resurfacing of streets
in Delray Beach, I recommend the following:
1. New Subdivisions - The right of way ~uld be expected to be fifty feet in width.
Paving requirements to meet the present Ordinance.
2. Where it is recommended and desired to reconstruct a paving that does not meet
the minimum requirements of the City, the cost of this repaying to be assessed
to adjoining property owners.
3. ResurfacinE - It is recommended that certain streets that are sufficient in
width and on which the surface of said streets will not hold up under traffic
and is costing considerable expense for maintenance, that a retread be placed
on these streets at the expense of the City.
~. Reconditioning - A street that has deteriorated to such an extent that a re-
tread is not practical and it is necessary that the street be scarified and
sufficient rock added, the cost of this work to be assessed to the abutting
property owners.
It is therefore recommended that Ath Street from Swinton Avenue west to
S.W. 5th Avenue be rescarified, and the necessary rock added. This street to be
re-sealed at its present width and the cost assessed to the abutting property
owners.
It is recommended that S.W. ~th Avenue and S.W. 7th Street be retreaded
at City expense, as this surface is in such condition that additional rock and
rescarifying is not necessary.
Respectfully submitted,
( Signed ) H.P. EDMOND City Manager."
Councilman White then entered the meeting.
FEBRUARY 25th, 19~?.
Mr. Edmond further explained that the resealing of S.W. 7th Street and
S.W. ~th Avenue, leading to the Cemetery, would cost approximately $2,000.00.
After discussion by the Council,~ a motion was made by Councilman White,
seconded by Councilman Butler, that Mr. Edmond's recommendations for street
construction and improvement work be approved, and that he be instructed to
proceed with this work as outlined. Upon call of roll,he motion carried
unanimously.
The following Resolution was then introduced and same was read in full:
RESOLUTION NO. 607
A RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS
OF THE CITY ENGINEER FOR CERTAIN STREET IM~R0~E-
MENT WORK TO BE CONSTRUCTED ON THAT PORTION OF
S.W. THIRD STREET FROM SWINTON AVENUE TO S.W.
FIFTH AVENUE, AND ALSO THE ESTIMATED COST OF THE
PROPOSED IMPROVEMENTS WHICH IS SET FORTH IN SAID
PLANS AND SPECIFICATIONS.
BE IT RESOLVED by the City Council of the City of Delray Beach, Florida,
that plans and specifications and the estimated cost, amounting to $1,500.00
of the proposed street improvement work be accepted.
BE IT FURTHER RESOLVED That said plans and specifications of the City
Engineer be filed with the City Clerk of the City of Delray Beach, Florida,
and that the same shall be open to the inspection of the public, and that a
copy of said plans, specifications and estimates of cost shall be filed in
the office of the City Engineer for public in~o ection.
BE IT FURTHER RESOLVED THAT said plans and specifications and estimated
cost of the proposed improvements cover the following work, to-wit:
Re-paving that portion of S.W. Third Street from Swinton Avenue to
S.W. Fifth Avenue.
ADOPTED BY the City Council of the City of Delray Beach, Florida, this
the 25th day of February, 19d7.
(Signed) M.M. DE WITT
President, City Council
ATTEST: APPROVED:
(SiEned) EUTH R~ SMITH (Signed) M. M. DE WITT
City Clerk. Mayor
(S~m)
A motion was made by Councilman White, seconded by Councilman Smith that
the foregoing Resolution No. 607 be passed and adopted as read, and upon call of
roll the motion carried unanimously.
The following Resolution ordering the construction of S.W. Third Street
was then presented and read in full:
F~RUARY 25th, 19~7.
RESOLUTION NO. 608
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, ORDERING THE CONSTRUCTION
OF CERTAIN STREET IMPROVEMENT WORK.
WHEREAS, the City Council of the City of Delray Beach, Florida, did on the
27th day of January, 19~7, adopt a resolution ordering the City Engineer to prepare
plans and specifications for certain street improvement, and did also adopt a
resolution on the 25th day of February, 19~7, accepting plans, specifications and
estimate of cost of said improvement work, md ordered said plans and specifications
and estimate of cost thereof to be filed in the office of the City Clerk and a copy
thereof to be filed in the office of the City Engineer and kept open for inspection
by the public.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach,
Florida, that it has determined to make the following described improvement which
the City deems to be necessary for the safety and convenience of the public, to-wit:
Re-paving that portion of S.W. Third Street from Swinton Avenue to S.W. Fifth
Avenue, the total estimated cost of which improv~nent is $15OO.00.
BE IT FURTHER RESOLVED that the entire cost of such improvement shall be
assessed against aL1 lots and lands adjacent and contingent or bounding and abutting
on such improvement in proportion to the benefits to be derived therefrom, said
benefits to be determined and prorated according to the foot frontage of the res-
pective properties specially benefitted by said improvement.
BE IT FURTHER RESOLVED that said special assessments against the lots and
lands specially benefitted and adjacent and contingent or bounding and abutting
upon such improvement shall be and remain liens superior in dignity to all other
liens, except liens for taxes, until paid, from the date of the assessment upon
the respective lots and parcels of land assessed and which shall bear interest
at the rate of 8 per cent per annum and which may be paid in ten equal yearly
installments with accrued interest on all deferred payments. Payments shall be
made at the same place that taxes payable to the City of Delray Beach, Florida,
are paid; namely, at the office of the City Tax Collector, and upon the failure
of any property owner to pay any annual installment due, or any part thereof, or
any' annual interest upon deferred payments, the City of Delray Beach may bring
necessary legal proceedings by a Bill in Chancery to enforce payment thereof with
all accrued interest, together with all legal costs incurred, including a reason-
able attorney,s fee. The total amount of any lien may be paid in full at any
time with interest from the date of assessment.
IT IS ORDERED that the foregoing resolution be published once each week for
two consecutive weeks in the Delray Beach News, a newspaper published in the City
of Delray Beach, Florida.
ADOPTED by the City Council of the City of Delray Beach, Florida, on this
the 25th day of February, 19~7.
(Signed)~.M. DE W. ITT
President, City Council
ATTEST: APPROVED:
(Signed)_RUTH R.~ SMITH (Signed) M.M. DE WITT . .
City Clerk M~or.
( SEAL )
FEB~ARY 25th, 19~7.
In a motion made by Councilman Butler, seconded by Councilman Smith,
unanimously carried, the foregoing Resolution No. 608 was passed and adopted
as read.
A letter from the Delray Beach Zoning Board, with reference to the
extension of the City Limits to the west, and to the north and south along
the Federal Highway was read, as follows:
"February 25, 19~7
Honorable Mayor & City Council
Delr~y Beach
Florida
Gentlemen:
At a meeting of the Zoning Board held on Friday, February 21st, it was moved,
seconded and unanimously passed that the City Council take necessary steps at
the next Session of the Legislature to amend the Charter so as to extent the
City Limits from the present City Limits line, west to the west section line of
Sections 18 and 19, and the north City Limits line from the rock road (Atlantic
Avenue Extension) to the north section line of Section 18. Also to include an
area north and south of the present City Limits lines along the Federal Highway
between the F.E.C. Railroad and the Intracoastal Canal.
The Zoning Board feels that it is necessary for this extension to be made to the
present City Limits so as to protect the Golf Course property and North & South
Highway property by proper zoning and for. the future growth of the City.
Respectfully submitted,
(Signed) KING S. CONE
King S. Cone
HPE: CVB" Chairman.
A letter from the Delray Beach Planning Board, recommending the extension
of the City limits north and south approximately t~o miles, was presented and
read as follows:
DELRAY BEACH PLANNING BOARD
Drawer D
Delray Beach, Florida
February 13, 1947
City Council of Delray Beach
Delray Beach, Florida
Gentlemen:
The Planning Board discussed the advisability of extending the City limits North
and South of Atlantic Avenue along the Federal Highway and some lands East and
West of the Federal Highway approximately two miles North and two miles South.
This particular section of our city is rapidly filling up with small structures
and the approach to our city from the North and from the South is perhaps not as
well restricted as to the type of buildings as it should be.
57
FEBRUARY 2~th, 19&?.
Your Planning Board realizes that a goodly number of these buildings would
no doubt be exempt from taxes under the Homestead Act and also realizes that
maintenance and public services would have to be extended to those areas.
Your Board suggests that some thought be given to this matter before its
too late.
Very truly yours,
(Signed) H.A. HUBBARD
H.A. Hubbard, Chairman
HAH:kmh." Delray Beach Planning Board
After consideration by the Council, City Attorney was instructed to prepare
a Bill to present at the coming session of the Legislature, to amend the City
Charter as outlined above, to be considered at the next meeting of the Council.
A letter from the Delray Beach Kiwanis Club was presented and read as
follows:
February 12, 19~7
Honroable M~vor aud Council
City of Delray Beach
Delray Beach, Florida
Gentlemen:
The Kiwanis Club of Delray Beach owns Lots 20, 21, 22, 23 and 24, Block 51,
City of Delray Beach, against which there are unpaid City taxes. The State
and County taxes are paid in full.
It is the desire of the Kiwanis Club to use these lots strictly for Civic and
Charitable purposes and in order to surmount legal technicalities and the
possibility of having the property sold for City taxes, so that the Club would
feel free to build on and improve the property, it wQuld like to submit the
following proposition to the City.
1. That the Kiwanis Club deed the property to the City, without
cost to the City.
2. That the City lease the property to the Kiwanis Club for a
term of 99 years.
3. That said lease bear a clause to the effect that the lots can
only be used for Civic and Charitable purposes and that if they
are used for other purposes, that the lease shall be void.
&. That if the City desires to use any portion of the lots for
Civic and Charitable purposes, it shall have the privilege of
doing so, provided said use shall not interfere with the
activities of the Kiwanis Club in the use of said lots.
Your consideration of the above outlined proposition will be greatly appreciated.
Respectfu .lly,
(Signed) DR. E. MONROE FARBER DELRAY BEACH KIWANIS CLUB
E.M. Farber, Past Pres. BY:. (Signed) F.P. GRACEY
Co~m~ittee ....... . F.P. Gracey, Pres.
FEH~UARY 25th, 19~7.
The fact that this property lies in the buffer zone adjoining the
Athletic Field was brought out, and the proposal was taken under advisement
by the Council to be considered at a later meeting.
City Manager Edmond advised the Council that after a committee meeting
to discuss Charter changes, certain recommendations had been submitted to
the Finance and Ordinance Committee, and they would make their recommendations
to the Council. Mr. Edmond also stated that he would like to prepare a new
charter to accompany the proposed charter amendments, and give the people a
chance to vote on the City M~nager form of government, and in order to do
this it would be necessary to employ an extra typist, also stating that he
would need an extra typist to work on the 1947 Tax Roll, which would be ready
for typing in about a month.
A motion was made by Councilman White, seconded by Councilman Butler,
that the City Manager be instructed to go ahead with the preparation of a
new Charter for the consideration of the Council, an~ that he be authorized
to employ an extra typist to do this work. Upon call of roll the motion
carried unanimously.
The following letter was presented by the Clerk aud read in full:
"February 22, 19~7. ~
City Council
Delray Beach, Fla.
Gentlemen:
Providing that I receive your approval I a~ planning to make Door Mats
and possibly other small items which may be stamped out of sheet rubber.
I will stamp these small parts out of used or scrap truck aud airplane
inner tubes with the use of a small press which has for its power a one and a
half horse power electric motor.
I should like to use a part of m~ building located at 309 N. Federal
HiEhway, Delray Beach for this work which I am planning to do this summer.
This will not only give me better utilization of my building but will provide
me with an income during the summer months. Although this project may be
termed light mauufacturing on a small scale there will be little if any noise
and no smoke or dirt.
I trust that you will give this your favorable consideration.
Sincerely,
(Signed) JOHN BANTING"
Action was withheld on the above request, and Me. Edmond was instructed
to investigate the proposed business, as a manufacturing business cannot be
conducted in this Special Business Zone.
The following letter was then presented and same was read in full:
FEBRUARY 2 5th, 19&7.
"Fear uary 14, 19~7.
Mrs. Ruth Smith
City Clerk
Delray Beach, Florida
Dear Mrs. Smith:
Mr. Nichols would like for the Council to consider his request to put a new~
gable roof on his house on 13th Street. This house does not have the minimum
floor area required in this zone.
Very truly yours,
(Signed) J.W. NOWL~N."
Mr. H. B. Adams, Building Inspector, explained that the design of the build-
ing would be changed, and the floor area requirements would not be met. Mr.
Nichols could be given a permit to replace or repair his present roof, but by
changing the type of roof, the zoning restrictions would be violated, therefore
the request was denied.
Upon motion of Councilman White, seconded by Councilman Butler, the request
of Betty Ball, Pool Manager, for reimbursement of two weeks salary which she
claimed she paid for a substitute at the pool during her vacation, was refused,
with the understanding that in the future the City would take over the operation
of the pool, the concession and the apartment, all of which are part of her com-
pensation as Pool Manager, if it would be more agreeable to her, during her two
weeks summer vacation. Upon call of roll the motion carried unanimously.
The Clerk presented the following communication to the Council, which was
read in full:
"February 25, 19~7
City Council
Delray Beach, Florida
Gentlemen:
In making up the list of registered, qualified freeholder
electors for the referendum election on Ordinance G-19, pursuant to your
directives to me contained in Sections 2 and 5 of Ordinance No. G-23 and in
Section 2 of Resolution No. 60~ enacted February ll, 19~7, I have determined
that the following named persons are not qualified electors who are freeholders
residing in the City of Delray Beach, Florida, and who are qualified to vote in
said election.
Allen, N~omi Carsey, Juanita Croft, Dimple
Anderson, Alfred Carter, LeRoy Croft, W. V.
Blank, Mrs. John Cathcart, Mrs. W.J. Davenport, Sarah Alice
Bond, Annie D. Chandler, Mrs. Edith Davenport, Wm.
Bond, Eliz. W. Christman, Elva Davidson, Jane
Boone, Jessie Clark, Chas. W. Davis, Thelma
Boughton, Florence M. Clark, Georgia B. Davis, Vesta
Bryant, Dorothy R. Cleckley, John Henry Dieffenbach, Laura
Buck, Margaret Lyon Cleckley, Quince Edmunds, Elizabeth F.
Burk, Lisitta C. ' Cleckley, R.C. Edmunds, Richard E.
Burton, Bernardena M. Constans, Frank H. Ellingsworth, Catherine
Campbell, Charles Frances Cook, Ada M. Erickson, John A.
Carroll, Mrs. Mary E. Crocker, Doyle W. Foote, Evelyn C.
FEBRUARY 25th, 19~7.
Fountain, Nina (Mrs. H.C.) Holden, Harry W. Pearse, Roy
Fox, Mrs. Ira Hollarn, Aline J. Priest, Martha J.
Friedlander, LeRoy H. Hollarn, E.F. Roth, Paul
Ganson, George H. Horman, A.F. Ryder, Wilford
Genton, Mrs. V.A. Huber, Herman A. Smith, Clark
George, Alice M. Huber, Theresa Smith, Ellwood J.
Gibbs, Annie H. Jacoby, C.R. Sterling, ~H.J.
Gibson, Mrs. John J. Jacoby, Mrs. C.R. Tiers, Wm. G.
Goulais, Della S. Johnson, C.N. Walker, Wm. J.
Graul, Clara S. Johnson, Hattie Walter, Florence E.
Greist, Atha E. Josie, D. Walter, Frederick
Grubbs, Else G. Kirschbaum, Bertha Weedman, Josephine
Hagerman, Mrs. Ethel L. Lager, Gustav Williams, King C.
Harrison, Mrs. Roland Lane, Elsie M. Wilson, Robert
Harvel, Otis Earl, Jr. Lewis, Clara Zane, Geo. A.
Hedden, Mrs. Alwilda Lewis, Louise C. Zernow, Eliz. M.
Heeren, A. Merle Lewis, Nathan
Heeren, Ruth K. MartLn, Lawrence
Heisley, Howard Monroe, Leola or Leona
Helm, Henry A. Nelson, C.M.
Helvenston, Alice G. Newton, Nellie G.
Henderson, Viola Patton, Afrona B.
However, the names of said persons are contained on the Freeholders Lists of the
City of Delray Beach, Florida, in my official custody. In view of my determina'
tion, I propose to strike and purge such names from such Freeholder Lists unless
cause is shown why I should not.
Also pursuant to Section 2 of said Resolution No. 60~ I have included
the foregoing list of names in the notices published and posted by me pursuant
to said Resolution No. 60~.
Very truly yours,
(Signed) E~TH R. SMITH
RUTH SMITH
Registration Officer for
the City of Delray Beach,
Florida."
The following Resolution was then introduced:
RESOLUTION NO. 609
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, APPROVING, RATIFYING
AND CONFIR~d~G THE DETERMINATION OF THE REGIS-
TRATION OFFICER OF THE CITY OF DELRAY BEACH,
FLORIDA, TO INCLUDE THE NAMES OF CERTAIN PERSONS
IN THE NOTICES PUBLISHED AND POSTED PURSUANT TO
RESOLUTION NO. 60~ OF SAID CITY COUNCIL.
FEBRUARY 25th, 19~7.
BE IT RESOLVED by the City Council of the City of Delray Beach, Florida:
That the determination of the Registration Officer of the City of Delray
Beach, Florida, pursuant to Section 2 of Resolution No...604 of this Council,
to include the names of the following persons in the notices published and
posted pursuant to said Resolution No. 60~ , be and hereby is approved, ratified
and confirmed, said persons being as follows:
(Here appears same list of names as shown in letter
addressed to City Council by Ruth R. Smith, Regis-
tration Officer on pages 59 and 60 hereof.)
PASSED in regular session on this 25th day of February, 19~7.
(Signed) M. M. DE WITT
President of City Council
ATTEST: APPROVED:
(Signed) M. M. DE WITT
(SIGNED) RUTH R. S~4ITH Mayor
City Clerk
(SEAL)"
A motion was made by Councilman Butler, seconded by Councilman Smith,
that Resolution No. 609 be passed and adopted as read, and upon call of roll
~the motion carried unanimously.
A list of the foregoing names to be stricken from the Freeholder's
Registration List was ordered published in the Delray Beach News, and a copy
posted on the Bulletin board in the City Hall.
A letter from Mr. ~J.S. Willson of Palm Beach was then read, as follows:
"J. S. WILLSON
Building Construction
155 Worth Avenue
Palm Beach Feb. 15, 19~7
Mr. H.P. Edmond
City Manager
Delray Beach, Fla.
Dear Mr. Edmond:
In reply to your letter of January 31, ~7, I wish to say that I never contacted
any one in Delray trying to sell the said Rake. Mr. Waters got the rake by send-
ing out to my farm on Kramer Island for same. About two or three weeks later I
passed Mr. Waters on the streets of West Palm Beach and he said he would see that
I got check for same. Surely the City of Delray would not keep a piece of equip-
ment for over a year and half and then feel they were under no obligations. If
the City Council did not want the rake, ~hy was I not notified within a reason-
able time - I really think the City Council is very much under obligations and
would thank you for check covering same.
Very truly yours,
(Signed) J. S. WILLSON"
FEBRUARY 2 5th, 19~+7.
Mayor DeWitt explained that some time ago Mr. Faircloth had .offered the
City a tractor for use on the beach, and stated that Mr. Willson had a rake
the could be used with the tractor, that it could be tried out for any length
of time and the City would be under no obligation to pay for it. Later it
developed that ¥~. Faircloth was unable to get suitable tires for the tractor
for use on the beach, consequently the rake could not be used.
City Manager Edmond advised that this rake could be used with new equip-
ment which is ordered, and it would answer the purpose as well as any that
could be purchased now.
The matter was held in abeyance for further information.
The City Attorney presented an Act to be submitted to the Legislature to
bring Seagate Section "B" into the City limits, as follows:
AN ACT TO EXTEND THE CORPORATE LIMITS OF THE
CITY OF DELRAY BEACH, PALM BEACH COUNTY,
FLORIDA, AND TO PROVIDE FOR EXEMPTIONS OF
SAID ANNEXED TERRITORY FROM TAXATION FOR
PAYMENT OF EXISTING MUNICIPAL INDEBTEDNESS
OF THE CITY OF DELR~Y BEACH, FLORIDA, AND
TO PROVIDE FOR TAXATION OF SAID ANNEXED
TERRITORY.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
SECTION 1. That the present corporate limits of the City of Delray Beach,
Palm Beach County, Florida, be and the same are hereby extended so as to include
all that territory embraced within the following limits and boundaries, that is
to say: -
All that part of the Subdivision known as the plat of Seagate, Section
"B" which is not now in the City limits of Delray Beach, Florida, the
same being a resubdivision of the South d65 feet of the North 1675 feet
of Fractional Section 21, Township ~6 South, Range ~3 East, lying be-
tween the center line of the Intracoastal Waterway and the center line
of State Road No. AiA, being also a subdivision of a part of Government
Lot i of Fractional Section 21, Township ~6 South, Range &3 East, and
also a part of Tracts 5, 6 and 7 of Richardson's Subdivision of Govern-
ment Lot 2 of said Fractional Section 21, according to a plat thereof on
file in Plat Book 21, page 56, in the office of the Clerk of the Circuit
Court in and for Palm Beach County, Florida.
SECTION 2. That the above described territory hereby annexed to the City
of Delray Beach, Florida, shall not be liable for taxation to pay any portion of
the existing bonded indebtedness of the City of Delray Beach, Florida, or any
interest thereon or extension or refunding thereof.
SECTION 3. That the above described territory hereby annexed to the City
of Delray Beach, Florida, shall be liable for the operating taxes of the City
on such rate and basis as other lands lying within the territorial boundaries
of said City, however, no taxes whatsoever shall be levied on said above des-
cribed territory hereby annexed to the City until January l, 19~8.
FEBRUARY 25th, 19/~?.
SECTION $. All water mains and other water fixtures located on other than
private property in the territory described in Section i of this Act shall be-
come the property of the City of Delray Beach, Florida.
SECTION 5. This Act shall become effective immediately upon its passage and
its approval by the Governor or upon its becoming a law without the approval of
the Governor.
I~, RUTH SMITH, City Clerk of the City of Delray Beach, Florida, do hereby
certify that the above and foregoing is a true and correct copy of Resolution
duly adopted by the City Council of the City of Delray Beach, Florida, on the
25th day of February, A.D. 19&7.
(SIGNED) ~IJTH R. SMITH
(SEAL) City Clerk.
The following Resolution was then introduced:
RESOLUTION NO. 610
RESOLUTION ADOPTING PROPOSED ACT TO
INCLUDE A PORTION OF SEAGATE SECTION
"B", IN THE CITY LIMITS OF DELRAY
BEACH, FLORIDA.
WHEREAS the owners of that portion of Seagate Section "B" Subdivision
located in Fractional Section 21, Township ~6 South, Range ~3 East, now lying south
of the present City Limits of Delray Beach, Florida, have requested the City Council
to bring said lands into the territorial limits of the City; and
WHEREAS, the City Council deems it advisable to have said lands brought
into the City Limits; and
WHEREAS, the attached copy of a proposed Act to be introduced and passed
into law by the 19d7 Florida Legislature meets with the approval of the City Council.
NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray
Beach, Florida, in regular meeting assembled:
1. That the attached copy of a proposed act extending the City Limits
of the City of Delray Beach, Florida, so as to include the following territory:
All that part of the Subdivision known as the plat. of Seagate, Section "B"
which is not now in the City limits of Delray Beach, Florida, the same being
a resubdivision of the South ~65 feet of the North 1675 feet of Fractional
Section 21, Township ~6 South, Range ~3 East, lying between the center line
of the Intracoastal Waterway and the center line of State Road No. AiA, being
also a subdivision of a part of Government Lot I of Fractional Section 21,
Township ~6 South, Range ~3 East, and also a part of Tracts 5, 6 and 7 of
Richardson's Subdivision of Government Lot 2 of said Fractional Section 21,
according to a plat thereof on file in Plat Book 21, page 56, in the office
of the Clerk of the Circuit Court in and for Palm Beach County, Florida,
is hereby approved, and the passage of said proposed Act into law by the 19~7
Legislature is hereby endorsed.
FEBRUARY 25th, 19~7.
2. That the Members of the 19~7 Legislature from Palm Beach County
are hereby requested by the City Council to introduce and pass said pro-
posed Act into law.
3. That a certified copy of this Resolution, together with a copy
of the proposed Act, be mailed to the Honorable John R. Beacham, State
Senator, and to the Honorable Russell O. Morrow and the Honorable B.
Elliott, State Representatives.
PASSED in Regular Session on this the 25th day of February, 19~7.
(Signed)_M. M. DE WITT
President, City Council.
ATTEST: APP ROVED:
(Signed).M.M. DE WITT
(SI6~ED) NJTH R. SMITH Mayor.
City Clerk
(s~n)
A motion was made by Councilman Butler, seconded by Councilman Smith, and
unanimously carried, that the foregoing Resolution No. 610 be passed and adopted
as read.
City Attorney Nowlin advised the Council that on the tax foreclosure list
107 parcels were taken by the City. Of these there were 22 State owned lots,
and 9 lots on which there were delinquent State and County taxes.
Mr. Nowlin suggested that he be authorized to make a base bid of
the amount required to bid on the State owned lots at their sale to be held
on April llth, and that the delinquent State and County taxes be paid on the
9 parcels in the amount of $96.03.
After discussion by the Council, a motion was made by Councilman Butler
that the City Attorney be instructed to enter a base bid of $&55.00 for the
City on 22 parcels of land owned by the State, and also to pay the delinquent
taxes in the amount of $96.03 on the other 9 parcels. The motion was seconded
by Councilman White, and upon call of roll carried unanimously.
Mayor DeWitt stated that the tax assessment roll was out of .line in many
respects, and this condition should not be allowed to continue. He further
stated that he would like to add two members to the Tax Adjustment Board, the
Board to work jointly with Mr. Edmond and Mr. Greenwood, and try to get the
Tax Roll equalized, suggesting that Mr. Eugene Burd and Mr. King S. Cone be
appointed to serve on the Board, and that it be known as the Tax Assessment
Advisory Board.
A motion was made by Councilman Butler that the appointment of Mr. Burd
and Mr. Cone as additional members of this Board be confirmed. The motion was
seconded by Councilman Smith, and upon call of roll carried unanimously.
Bills totalling $7,783.66, having been approved by the Finance Committee
were ordered paid, in a motion made by Councilman P~ite, seconded by Councilman
Smith and unanimously carried.
Mr. Charles Senior, Manager of the Florida Power & Light Co., presented the
following Resolution for the approval of the Council, naming the Clerk and
Inspectors to serve on the Election Board for the Freeholder's Election to
FEBRUARY 25th, 19~7.
vote for or against the renewal of the franchise with the Florida Power & Light
Co., to be held on March 6th, 19~7:
Mayor DeWitt then appointed Mr. B.F. Sundy to serve as Clerk of the Election
Board, and Mr. King S. Cone and ¥~. L.F. Ranson to serve as Inspectors on the
Board, with Mr. Willard Waters as an Alternate. The appointments were confirmed
by the Council.
The Resolution was read in full as follows:
RESOLUTION NO. 611
A RESOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, APPOINT-
ING INSPECTORS AND A CLERK FOR THE REFER-
~NDUM ELECTION ON ORDINANCE NO. G-19 OF
THE CITY OF DELRAY BEACH, FLORIDA, SUCH
ELECTION TO BE HELD IN THE CITY OF DELRAY
BEACH, FLORIDA, ON THE 6TH DAY OF M~RCH,
19~7, AT DELRAY BOWLING ARCADE, DETRAY
BEACH, FLORIDA.
BE IT RESOLVED by the City Council of the City of Delray Beach, Florida:
That L.F. Ranson and King S. Cone are hereby appointed Inspectors, and
B.F. Sund~ is hereby appointed Clerk of the referendum election on Ordinance
No. G-19 of the City of Delray Beach, Florida, such election to be held inthe
City of Delray Beach, Florida, on the 6th day of March, 19&7, at Delray Bowling
Arcade, pursuant to Ordinance No. G-23 of the City of Delray Beach, Florida.
Passed in regular session on this 25th day of February, 19&7.
(SIGNm) ~. M. OE ~TT
President of City Council
ATTEST: APPROVED:
(SIGNED) M. M. DE WITT
(Si~ned) RUTH R. ~ITH Mayor
City Clerk
(S~)
A motion was made by Councilman Smith, seconded by Councilman White,
that the foregoing Resolution No. 611 be passed and adopted as read, and upon
call of roll the motion carried unanimously.
It was agreed by the Council that the salary to be paid to persons
serving on the Election Board would be $8.00, and no meals would be furnished.
A call of a Special Meeting to be held at 7:~5 P.M. on March 5th, to
prepare the ballot box for the election to be held on the following day was
handed to each Councilman, and also for a Special Meeting to be held at 8:00
P.M. on Thursday, March 6th, to convas the votes cast at the election. The forms
of notices were as follows:
FEBRNARY 25th, 19~7.
CALL AND NOTICE OF SPECIAL COUNCIL
MEETING
TO THE MEMBERS OF THE COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA:
I hereby call a Special Meeting of the Council of the City of Delray
Beach, Florida, to be held at 7:$5 P.M., on March 5, 19&7, at the City Hall, to
prepare the ballots and instruct the Election Inspectors and Clerk for the
Special Referendum Election on Ordinance No. G-19, to be held on March 6, 19&7.
Pursuant to such call I hereby give notice of said council meeting at the afore-
said time and place, and request your attendance.
Very truly yours,
(Signed) M.M. DE WITT
M. M. DEW ITT
Mayor of Delray Beach, Florida
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
Personally appeared before me, the undersigned authority for administer-
ing oaths, one, M.M. DeWitt, personally known to me, and who after being duly sworn
according to law, says: ~
I am Mayor of the City of Delray Beach, Florida. On February 25, 19~7,
I served personally or left at the usual place of residence of.each member of the
City Council of the City of Delray Beach, Florida, a copy of the Call and Notice
of the Special Meeting of the City Council of the City of Delray Beach, Florida,
to be held on the 5th day of March, 19~7 (in form hereto annexed).
(Signed) M.M. DE WITT
Sworn to and subscribed before M.M. De Witt
me this 25th day of Februar~
19~7, at Delray Beach, Florida.
CSigned) RUTH R. S~TH
Notary Public
State of Florida at Large
My commission expires: 2/12/51
CALL AND NOTICE OF SPECIAL COUNCIL
MEdiaTING
TO THE M~BERS · THE COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA:
I hereby call a Special Meeting of the Council of the City of
Delray Beach, Florida, to be held at 7:&5 P.M., on March 5, 19~7, at the City
Hall, to instruct the Election Inspectors and Clerk and prepare for the Special
Referendum Election on Ordinance No. G-19, to be held on March 6, 19~7. Pursu-
ant to such call I hereby give notice of said Council meeting at the aforesaid
time and place, and request your attendance.
Very truly yours,
(Si~ned) M. M. DeWitt
M. M. DeWITT
Mayor of Delray Beach, Florida
FEBRUARY 25th, 1947.
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
Personally appeared before me, the undersigned authority for administering
oaths, one, M.M. DeWitt, personally known to me, and who after being duly sworn
according to law, says:
I am Mayor of the City of Delray Beach, Florida. On February 25, 1947,
I served personally or left at the usual place of residence of each member of the
City Council of the City of Delray Beach, Florida, a copy of the Call and Notice
of the Special ¥~eting of the City Council of the City of Delray Beach, Florida,
to be held on the 5th day of March, 1947 (in form hereto annexed).
(.Si~ned) M. M. DeWITT
Sworn to and subscribed before M.M. DeWITT
me this 25th day of February.
1947, at Delray Beach, Florida.
(Signed) RUTH R. SMITH
Notary Public
State of Florida at Large
My commission expires: 2/12/~1
(SE )
TO THE MEMBERS OF THE COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA:
I hereby call a Special Meeting of the Council of the City of Delray
Beach, Florida, to be held at 8:00 P.M., on March 6, 1947, at the City Hall,
to canvass the returns and declare the res~alts of the Special Referendum Election
on Ordinance No. G-19, to be held on March 6, 1947. Pursuant to such call I
hereby'give notice of said Council meeting at the aforesaid time and place and
request your attendance.
Very truly yours,
(Si~ned) M. M. DeWITT ,
M. M. DeWITT
Mayor of Delray Beach, Florida
STATE OF FLORIDA )
) ss:
COUNTY OF PALM BEACH )
Personally appeared before me, the undersigned authority for administerin~
oaths, one M.M. DeWitt, personally known to me, and who after being duly sworn
according to law, says:
I am Mayor of the City of Delray Beach, Florida. On February 25, 1947,
I served personally or left at the usual place of residence of each member of the
City Council of the City of Delray Beach, Florida, a copy of the Call and Notice
of the Special Meeting of the City Council of the City of Delray Beach, Florida,
FEBRUARY 25th, 19d7.
to be held on the 6th day of March, 19~7 (in form hereto annexed).
(Signed) M. M. DeWITT
Sworn to and subscribed before M.M. DeW-ITT
me this 25th day of February,
1947, at Delray Beach, Florida.
(Si~ned) RUTH R. S$~ITH
Notary Public
State of Florida at Large
My Commission expires: 2/12/51
( s .AL )
City Manager Edmond presented the application of Stephen ¥~iller for a
building permit to construct a building in the rear of an existing building at
324 N.E. 6th Ave., stating that the proposed building would meet the building
code requirements of the Special Business District, but would not meet the Zone
"B" requirements which allow only two families on one lot. Council therefore
denied the request.
Mr. Lester Follett addressed the Council stating that he proposed to
establish a cold storage plant at an estimated cost of $150, OOO.00 to $200,000.00
if he could find a suitable location along the railroad, where he could have a
railway siding. He stated that he was considering some acreage in Section 18,
just south of the City dump, owned by Dr. W.C. Williams of West Palm Beach, and
asked the Council if they would consider building a road to this property if he
should establish his business there.
City Attorney Nowlin suggested that he purchase l0 acres south of
the City dump and exchange it for l0 acres of the property which has been used
for a disposal dump, which would be a better location for his business and would
also remove the unsightliness of the dump from West Atlantic Avenue.
Mr. Follett was asked to meet with Mr. Edmond and study all possi-
bilities which might be advantageous both to himself and to the City.
Council then adjourned. ~ ~~~
p~p~~ City Clerk -