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03-11-47 MARCH llth, 19&7. Regular meeting of the City Council of the City of Delray Beach, was held in the Council Chambers at lO:OO A.M. with Mayor M.M. DeWitt in the Chair, City Manager H.P. Edmond, City Attorney J.W. Nowlin, and the following Councilmen present: B.C. Butler, F.B. McNeece and J.B. Smith, a quorum being present. Proof of the publication of a notice calling for bids on materials and equipment for improvements to the Municipal Swimming Pool was read, as follows: "MATERIALS AND EQUIPMENT FOR IMPROVE- MENTS TO SWIMMING POOL, D~U.RAY BEACH, FLORIDA Invitation for Bids Sealed bids will be received by the City of Delray Beach, Florida, at the office of the City Manager, City Hall, Delray Beach, Florida, until ten o'clock A.M., E.S.T., March llth, 19&7, at which time they will be opened and publicly read, for materials and equipment for improvements to the Municipal Swimming Pool in the City of Delray Beach. Principal items of equipment and materials are approximately &OOf cast iron pipe and fittings in sizes 3", &" and 6"; 200' steel pipe and fittings in sizes 2" and 2½"; chlorinator, complete; vacuum pump primer; ventilating fan; motor control switch; two (2) Thorpe strainers; and other miscellaneous items. Specifications and bid Forms are open to public inspection at the office of the City Manager, Delray Beach, Florida, or may be obtained from Smith and Gillespie, Consulting Engineers, Post Office Box lO&8, Jacksonville, Florida, upon request. Bids will be considered on any or all items specified. The owner reserves the right to reject any or all bids and to waive informalities. CITY OF DELRAY BEACH, FLORIDA, By /s/ H.P. EDMOND, City Manager." AFFIDAVIT OF PUBLICATION Delray Beach News Published Weekly Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared E.F. PETERMAN, who on oath says that he is Publisher of the Delray Beach News, a weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement, being an Invitation for Bids in the matter of Swimmin$ Pool 9~ Delra~Beach, Florida in the Court, was published in said news- paper in the issues of Feb. 21, 28, March 7, 19&7. MARCH llth, 19&7. Affiant further says that the said Delray Beach News is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each Friday and has been entered as second class mail matter at the post office in Delray Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of secur- ing this advertisement for publication in the said newspaper. (Signed) E.F. PETERMAN Sworn to and subscribed before me this llth day of Mar.. A.D. 19A7.. (Signed) HAZEL V. SNOW Notary Public (SEAL) Notary Public, State of Florida at Large. My commission expires February ~, 19A9. Bonded by American Surety Co. of N.Y. Three Bids were received in response to the foregoing notice, from the following Companies: Crane & Co., West Palm Beach, Florida American Boiler Co., Miami, Florida Wallace & Tiernan Co., Inc., of Newark, N.J. Upon motion of Councilman Butler, seconded by Councilman McNeece, and unani- mously carried, the bids were turned over to the City Manager for tabulation, to be considered at the next Council Meeting. City Manager Edmond stated that he had been advised by the Seaboard Airline Railway that the installation of traffic signal lights at the West Atlantic Avenue crossing of the SeaboArd railroad tracks has been approved by the Federal Govern- ment and the State Highway Department, and an order had been placed for the pur- pose of this equipment. A plat of a proposed Subdivision in the colored section, to be known as Sunnyside Park, was presented by the City Manager for the approval of the Council. This property liens north of S.W. 5th Street between S.W. 4th Avenue and S.W. 5th Avenue. Mr. Edmond explained that they were providing for a 25' street and a 25' alley, and the lots would be approximately 51' x 128', which would meet all requirements. After discussion by the Council, a motion was made by Councilman Smith that it be called to the attention of the Planning and Zoning Boards before being accepted by the Council, and that the tax records be checked to see if all City taxes have been paid. The motion was seconded by Councilman Butler, and upon call of roll carried unanimously. The following communication from Mrs. Robert J. Stager was presented and read: "Gentlemen: There are a number of us living in this district who would like to have our garbage collected. We can't keep burying it on our lots and maintain any lawns, MARCH llth, 19~7. nor do we all have cars to transport it to the City dumps. We live south of town only one block from the City limits in the Silver Terrace section. Our own home is on Wilson Ave. one block south of S.E. loth St. But there are several families in this small Section to whom garbage dis- posal is a problem. Is there any way we can be included on a garbage disposal route? Sincerely, (Signed) MRS. ROBERT J. STAGER R.F.D. #1 Delray Beach, Florida." Upon advise of the City Attorney, Council denied the above request, as the City Charter does not permit this service outside of the City limits. A letter of application from Mr. Jeff Modie for the position of Golf Professional at the Municipal Golf Course was read, as follows: "Brookhaven, Ga. March, 5th. Mr. H.P. Edmonds, City Mgr. DelrayBeach, Fla. Dear Mr. Edmonds:- In a recent communication, Mr. Fred McNeece advised me that you had suggested that I forward to you a formal application for the position of Golf Professional at your Delray Beach Country Club. Recalling our very pleasant conversation in your office last November in connection with this subject there appeared to be some uncertainty in your overall plans for your golf set-up, at that time, which seemed to stand in the way of any definite decisions. I refer particularly to the matter of living quarters for your Professional and how this would affect your decision as to whether you would want a year round man or merely a Pro. for your winter seasons. Please regard this letter as my application, as requested, and advise me as to decisions reached by you andy our committee at the earliest possible moment. With all good wishes for you and yours, I remain. Very truly yours, (Signed) JEFF MODIE Boc 268." The application was taken under advisement by the Council, until a de- cision has been made as to the future course of operation of the Golf Club, at which time it will be considered. The application of Mr. Cameron Trent of Lake Worth will also be con- sidered at a later meeting. At the suggestion of Mr. Edmond, Mayor DeWitt appointed the following committee to work with him on establishing the future policy of operation of the MARCH llth, 19&7. Golf Course: Councilmen C.J. White, F.B. McNeece and J.B. Smith. The request of Mrs. Ada Martin for the cancellation of a 19~6 personal prop- erty tax assessment against stock and equipment in a laundry formerly operated by her, which laundry was destroyed by fire on February 17, 19~6, was denied. The assessment was made as of January 1st, 19~6, at which time the stock and equipment was there, therefore, the Council had no authority to cancel the assessment. Councilman White then entered the meeting. The following letter from the Delray Beach Public Library Association was presented and read in full: "March 10, 19~7 RE:- PUBLIC LIBRARY Mr. H.P. Edmond, City Manager, City of Delray Beach, Florida. Dear Sir:- During the past several years the directors of the Delray Beach Library Association have been giving considerable thought to the selection of a site for a building - or a building itself - to permit the expansion of its facilities and to thus serve the public more efficiently. War conditions with attendant building restrictions, lack of labor and many other factors including, obviously, lack of funds have made it impossible to pro- gress with the idea of a new Library building. To-day, the Public Library is more than ever an important public institution, growing in influence and scope and necessity to the community. The Library needs more room for its expanded activity as a cultural center; more reading rooms, more stalls, a lecture room, conference room, reference section etc. At present, it is the grateful tenant of the Woman,s Club and, as such, is dependent upon that organization for its home - which is, even now, too small for the various activities of the Library. Should the Woman's Club expand - or decide to alter, expand, or sell its building the Library would find itself in a most critical position. It is my understanding that the U.S.O. building will be returned to the City at an early date. A preliminary analysis of the building indicates that it lends itself, in both site and facilities, ko the ideal permanent home for the Public Library. With an additional fifty feet of ground, now owned by the City, we believe that the present U.S.O. building would be perfect for library purposes. It is reasonable to assume that, in the near future, the Public Library would logically become a completely city-owned and city-operated institution. With the foregoing facts in mind and in behalf of the directors of the Delray Beach Public Library Association, I do respectfully request that the City of Delray Beach dedicate the present U.S.O. building and additional fifty feet MARCH llth, 19~7. of ground to the use and service of the Delray Beach Public Library. Very truly yours, DELRAY BEACH PUBLIC LIBRARY ASSOCIATION (Signed) JOHN A. THAYER President." The consensus of opinion of the Council was that the building now occu- pied by the U.S.O. would be the logical location for the Library, and after checking the lease with the U.S. Government covering the building, it was foum~ that the lease could be cancelled by written notice given thirty days prior to June 30th. Upon motion of Councilman McNeece, seconded by Councilman White, the City Attorney was instructed to start proceedings to cancel this lease with the U.S. Government. A letter from Mr. Wm. L. Christenson, with reference to the extension of the City limits north to include all of Section 9, was read as follows: "WM. L. CHRISTE~SON Palm Beach, Florida March 8, 19~7. H.P. EDMOND ~ ESQ. CITY MANAGER, DELRAY BEACH, FLA. DEAR MR. EDMOND: RE: EXTENSION PROPOSED FOR CORPORATE LIMITS OF THE CITY OF DELRAY BEACH SEVERAL VALUED CLIENTS AND MYSELF ARE THE OWNERS OF ACREAGE IN SECTIONS ~ AND 9, TWP. A6S PJ,3E, PALM BEACH COUNTY WHICH WE ARE RELIABLY INFORMED ARE INCLUDED IN THE AREA PROPOSED TO BE ADDED TO THE CORPORATE LIMITS OF THE' CITY OF DELRAY BEACH. WE SHALL BE GREATLY INTERESTED TO LEAR ON WHAT BASIS IT IS PROPOSED TO TAKE THESE LANDS INTO THE CITY OF DELRAY BEACH IF ACCEDED AND AGRW. W.D TO, AND WHAT THE APPARENT NECESSITY IS FOR IT. SOME OF THESE PROPERTIES WERE PURCHASED FOR SPECIFIC PURPOSES AND ON THE OTHER HAND SOME OF THE LAND IS NOT FIT FOR ANY POSSIBLE USE AT THE PRESENT TIME BEING SWAMP LAND OF NO COMMERCIAL VALUE AND WITHOUT ROAD FOR INGRESS OR EGRESS.~ IF SUCH ENTRY IS AGRW. W.D TO, ON WHAT BASIS OF TAXATION AND ASSESSED VALUATION DOES THE CITY OF DELRAY BEACH INTEND TO SET UP FOR THESE AREAS, AND WHAT BENEFITS WILL ACCRUE TO THE LAND. AWAITING YOUR RESPONSE WITH INTEREST, I AM, VERY SINCERELY YOURS, (Signed) WM. L. CHRIST~SON WM. L. CHRISTENSON." MARCH llth, 19&7. The foregoing letter was referred to the City Manager for answer, it being understood that all territory to be taken in the City would not be taxed for debt service. The following Ordinance was then brought up for second-and final reading and same was read in full: ORDINANCE NO. G - 25. AN ORDINANCE supplemental to Ordinance No. G-7 adopted August 12, 19&6, so as to cancel the authorization of the issuance of a portion of Water System Revenue Certificates, Series 19~6, as provided by said Ordinance No. G-7. WHEREAS in and by Ordinance No. G-7 adopted by the City Council of the City of Delray Beach, Florida, on August 12, 19~6, provision was made for the issuance of Water System Revenue Certificates, Series 19~6, of said city, to the amount of $350,000 for the purpose of paying the cost of improving and extending the water- works plant and system of said city, and by reason of changes in economic condi- tions and the immediate needs of said city for funds to pay the cost of improve- ments and extensions to said waterworks plant and system it is determined that the amount of said Water System Revenue Certificates, Series 19~6, should be re- duced to the principal amount of $200,000, and that the authorization for the issuance oT the balance of said Certificates should be revoked and rescinded; NOW, THEREFORE, Be It Ordained by the City Council of the City of Delray Beach, Florida, as follows: Section 1. That the amount of Water System Revenue Certificates, Series 1946, of the City of Delray Beach, Florida, authorized by Ordinance No. G-7, adopted by the City Council of said city on August 12, 19~6, is hereby reduced from $350,000 to $200,000 and that certificates numbered 201 to 350, inclusive, as authorized by said ordinance shall not be executed, issued or delivered, and all authorization for the issuance of certificates numbered 201 to 350, inclusive, as set forth in said Ordinance No. G-7, is hereby revoked and rescinded. Section 2. That nothing herein shall be construed to impair or restrict the reservation in said Ordinance No. G-7 whereunder said city may under specific conditions issue additional certificates and obligations ranking on a parity with the Water System Revenue Certificates, Series 19~6, to the amount of $200,000. Section 3. That this ordinance shall be published one (1) time by caption immediately after its adoption on the second and final reading in the Delray Beach News, a newspaper published and having general circulation in the City of Delray Beach, Florida. Adopted on first reading February 28th. 19~7. Adopted on second readinM March llth, . 19A7. (SIGNED) M. M. DeWITT APPROVED: President, City Council (Signed) M.M. DeWITT Mayor ATTEST: (Signed) RUTH R. SMITH~ , (SEAL) City Clerk," MARCH llth, 1947. "ORDINANCE NO. G-25 AN ORDINANCE SUPPLEP~NTAL TO ORDI- NANCE NO. G-7, ADOPTED AUGUST 12, 1946, SO AS TO CANCEL THE AUTHORI- ZATION OF THE ISSUANCE OF A PORTION OF WATER SYSTEM REVFJ~UE CERTIFICATES, SERIES 1946, AS PROVIDED BY SAID ORDINANCE NO. G-7. The above Ordinance is published by caption only. Copy of same in full is on file at the City Clerk's office for inspection of interested persons. This Ordinance was passed by the City Council at its regular meeting held March llth, 1947. RUTH SMITH City Clerk." "AFFIDAVIT OF PUBLICATION Delray Beach News Publish ed Weekly Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personally appeared E.F. PETERMAN, who on oath says that he is Publisher of the Delray Beach News, a weekly newspaper published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a Notice of Ordinance No. G-25 in the matter of Water S~stem Revenue Certificates, Series 1946 in the Court, was published in said newspaper in the issues of Mar.ch 1~,... 1747.. Affiant further says that the said Delray Beach News is a newspaper published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each Friday and has been entered as second class mail matter at the post office in Delray Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertise- ment; and affiant further says that has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (Signed) E.F. PETEP~1AN Sworn to and subscribed before me this 15th day of Mar.. A.D. 1947... (S.%gned) HAZEL V. SNOW Notary Public Notary Public, State of Florida at Large. My commission expires February ~, 1999. Bonded by American Surety Co. of N.Y. (SEAL)" A motion was made by Councilman Butler, seconded by Councilman Smith, that the foregoing Ordinance No. G-25 be passed and adopted as read, and upon call of roll the motion carried unanimously, Councilman Butler, DeWitt, McNeece, Smith and White voting in favor of same. MARCH llth, 1947. The acceptance of the electric franchise Ordinance No. G-19 by the Florida Power & Light Company was presented and read in full as follows: ACCEPTANCE OF ELECTRIC FRANCHISE ORDINANCE NO. G-19 BY FLORIDA POWER & LIGHT COMPANY: March 7, 19~7. City of Delray Beach Delray Beach, Florida The Florida Power & Light Company does hereby accept Ordinance No. G-19, being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, GRANT]/~G TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IM- POSING PROVISIONS AND CONDITIONS RELATING THERETO. This instrument is filed with the City Clerk of the City of Delray Beach, Florida, in accordance with the provisions of Section II of said Ordinance. FLORIDA POWER & LIGHT COMPANY ATTEST: By: (Signed) ROBERT ~. FITE (Signed) W.F. Bla~lock (SEAL) Vice President Assistant Secretary STATE OF FLORIDA ) SS: COUNTY OF DATE ) On this 7th day of March, 19&7, before me, a Notary Public in and for the State of Florida, appeared ROBERT H. FITE, known to me to be the Vice President of Florida Power & Light Company, and being by me duly sworn, did acknowledge that he executed said instrument as Vice President of the Florida Power & Light Company, and that the corporate seal affixed thereto is the corporate seal of said corporation and was duly affixed in accordance with the authority of the Board of Directors of said Company. WITNESS my hand and official seal at Miami, said State and County, this 7th day of March, 1947. (Signed) LILLIAN BLACKBURN Notary Public My Commission expires: State of Florida at Large Sept. 15, 194~?. I hereby acknowledge receipt of the above Acceptance by the Florida Power & Light Company of Ordinance No. G-19, being: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEl.RAY BEACH, FLORIDA, GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELF. CTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO. MARCH llth, 19&7. and certify that I have filed same for record in the permanent files and records of the City of Delray Beach, Florida, this 8th day of March, 19&7. (Signed) RUTH R. SMITH CITY City Clerk of the City of SEAL Delray Beach, Florida Upon motion of Councilman Butler, seconded by Councilman McNeece, and upon call of roll unanimously carried, the foregoing instrument was ordered filed. In a motion made by Councilman Butler, seconded by Councilman McNeece, bills totaling $16,005.~8 were ordered paid, subject to the approval of the Finance Committee. The Clerk presented the following Notice of Final Passage of the Electric Franchise Ordinance No. G-19, which was spread upon the minutes as follows: NOTICE OF FINAL PASSAGE OF ELECTRIC FRANCHISE ORDINANCE NO. G-19 NOTICE IS HEREBY GIVEN of the final passage of Electric Franchise Ordi- nance No. G-19 of the City of Delray Beach, Florida, pursuant to the terms of the Charter of said City, the laws of the State of Florida and said Ordinance No. G-19, said final passage being on March 6, 19A7, when the qualified electors of the City of Delray Beach, Florida, ~ho were freeholders therein approved said Ordinance at a special referendum election. Said Ordinance G-19 is entitled as follows: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ~ECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO." (Signed) RUTH R. ~ITH City Clerk of the City of (SEAL) Delray Beach, Florida. City Attorney Now]in advised the Council that Attorneys for the Florida Power & Light Company would like the City Council to have an Act passed by the Legislature to ratify and approve the Franchise Ordinance No. G-19 and all proceedings in connection with the passage of the Ordinance and the referendum election thereon, it being understood that the Florida Power & Light Company would bear the expense connected with the passage of the Act. The following Resolution was then presented and read in full: RESOLUTION NO. 6/4 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING NOTICE OF INT~TION OF THE CITY OF MARCH llth, 19~7. D~TRAY BEACH, FLORIDA, TO APPLY TO THE LEGISLATURE OF THE STATE OF FLORIDA AT ITS 19~7 SESSION FOR THE ENACTM~T OF A SPECIAL OR LOCAL LAW TO VALIDATE, L~GALIZE, CONFIRM, RATIFY AND APPROVE THAT ELECTRIC FRANCHISE ORDINANCE DESIGNATED ORDINANCE NO. G-iQ OF SAID CITY COUNCIL AND ALL PROCk~WIINGS TAKEN IN CONNECTION WITH THE PASSAGE AND ADOPTION OF SAID ORDINANCE AND THE REF~DUM ELECTION THEREON, AND DECLARING SAID ORDINANCE A VALID, EFFECTIVE AND EXXSTING ORDINANCE OF SAID CITY, AND DIRECTING AND AUTHORIZING THE CITY CLERK TO PUBLISH SAID NOTICE OF INTENTION AND AUTHORIZING AND DIRECTING THE CITY ATTORNEY TO CAISE SAID PROPOSED S~ECIAL OR LOCAL LAW TO BE PRESENTED TO THE SAID L~GISLATURE AT ITS 19&7 SESSION. WHEREAS, the City Council of the City of Delray Beach, Florida, passed and adopted an electric franchise ordinance designated Ordinance No. G-19 on the 23rd day of December, 19~6, said Ordinance being entitled: "AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO"; WHEREAS, said Ordinance was approved and finally passed at a special referendum election held thereon in said City on the &th day of March, 19&7; and WHEREAS, said City and the City Council thereof desire the Legislature of the State of Florida at its'lg&? Session to enact a special or local law to validate, legalize, confirm, ratify and approve the passage and adoption of said Ordinance No. G-19 by said City Council and the approval and final passage thereof at said referendum election and all proceedings whatsoever taken in connection therewith and to declare said' Ordinance, in all and singular the terms, conditions and provisions thereof, a valid, effective and existing ordi- nance of said City. NO~, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: 1. That notice of intention of the City of Delray Beach, Florida, to apply to the Legislature of the State of Florida at its 19&7 Session for the enactment of a special or local law is hereby directed and authorized, said special or local law being entitled as follows: "AN ACT TO VALIDATE, LEGALIZE, CONFIRM, RATIFY AND - APPROVE THAT CERTAIN ~CTRIC FRANCHISE ORDINANCE DESIGNATED ORDINANCE NO. G-19, OF THE CITY OF DELRAY BEACH, FLORIDA, AND ALL PROC~INGS TAKEN IN CONNECT- ION WITH THE PASSAGE AND ADOPTION OF SAID ORDINANCE AND 'REFERENDUM ~.WETION THEREON AND TO DECLARE THAT SAID ORDINANCE IS A VALID, EFFECTIVE AND EXISTING ORDINANCE OF SAID CITY: AND PROVIDING WHEN THIS ACT SHALL BECOME EFFECTIVE." MARCH llth, 19~7. 2. That the City Clerk of the City of Delray Beach, Florida, be and hereby is directed and authorized to publish said notice of intention in the name and on behalf of said City and the CityCouncil thereof pursuant to and in accordance with the provisions of the Constitution and ~aws of the State of Florida; and 3. That the City Attorney of said City be and hereby is directed and authorized to cause said special or local law to be presented to the Legislature of the State of Florida at its 19~7 Session for enactment. PASSED in regular session on this llth day of March, 19~7. (Si~ed) M. M. DS President of City ATTEST: Council. (APPROVED: (Signed) ~jTH R. SMITH (Signed) M. M. DE WITT City' Ci%rk - MAYOW. ...... (SEAL) A motion was made by Councilman Butler, seconded by Councilman McNeece that the foregoing Resolution No. 6lA be passed and adopted as read, and upon call of roll the motion carried unanimously. The form of Notice to be published in connection with the foregoing Resolution is as follows: NOTICE OF THE CITY OF DELRAY BEACH, FLORIDA, OF INTENTION TO APPLY TO THE LEGISLATURE OF THE STATE OF FLORIDA AT ITS 19~7 SESSION FOR THE ENACTMENT OF A SPECIAL OR LOCAL LAW TO VALIDATE, LEGALIZE, CONFIRM, RATIFY AND APPROVE THAT CERTAIN ~.~CTRIC FRANCHISE ORDINANCE, DES- IGNATED ORDINANCE NO. G-19 OF THE CITY OF DELRAY BEACH, FLORIDA, AND ALL PROCEEDINGS TAK~ IN CONNECTION WITH THE PASSAGE AND ADOPTION OF SAID ORDINANCE AND THE REFERENDUM ELECTION THEREON AND TO DECLARE SAID ORDINanCE A VALID, EFFECT- IVE AND EXISTING ORDINANCE. NOTICE IS HEREBY GIVEN that pursuant to Article III, Section 21 of the Constitution of the State of Florida and Section 11.02, Florida Statutes 19~1 a~ pursuant to directions to me and the authority vested in me by Resolution No. 614 of the City Council of the City of Delray Beach, Florida, I, RUTH SMITH, City Clerk of the City of Delray Beach, Florida, in the name and on behalf of said City and the City Council thereof, do hereby publish and give this notice of the said City of Delray Beach, Florida, of intention to apply to the Legis- lature of the State of Florida at its 19~7 Session for the enactment of a special or local law, the substance of which is set out in the following title of the contemplated special or local law: MARCH llth, 19&7. VALIDATE, LEGALIZE, CONFIRM, I;AN ACT TO RATIFY AND APPHDVE THAT CERTAIN ELECTRIC · FRANCHISE ORDINANCE DESIGNATED ORDINANCE NO. G-19, OF THE CITY OF DELRAY BEACH, FLORIDA, AND ALL P~0CEEDINGS TAKEN IN CONNECTION WITH THE.PASSAGE AND ADOPTION OF SAID ORDINANCE AND REFERF~DUM ELECTION THEREON AND TO DECLARE THAT SAID ORDINANCE IS A VALID, EFFECTIVE AND EXISTING ORDI- NANCE OF SAID CITY: AND PROVIDING WHEN THIS ACT SHALL BECO~ EFFECTIVE." NOTICE IS ALSO HEREBY GIVEN that a copy of said contemplated special or local law is available at my office in the City Hall of said City for inspection. CITY OF DELRAY BEACH, FLORIDA AND THE CITY COb~CIL THEREOF. By: (Signed) RUTH R. SMITH Ruth Smith (SEAL) CITY CLERK." City Attorney Nowlin stated that on April 8th, 19~6, the Zoning Board had recommended to the Council that the east one-half of Block 78 be changed to an Industrial Zone, and the City Attorney had been instructed to prepare an Ordi- nance to make this change. This had never been done, and Mr. H.P. Lamson, owner of the property was planning to construct a furniture warehouse on Lots 15 and 16 of this block. Mr. Nowlin suggested that this Ordinance be passed at once. After discussion by the Council, as to the necessity of a street through this Block 78 to avoid traffic congestion on S.E. 2nd Street if this Block were used for commercial purposes, Mr. Edmond was instructed to prepare an estimate of the cost of putting a Street through the Block, and City Attorney Nowlin was instructed to draw up an Ordinance to provide for this change in zoning restrictions. The application of Mr. Wm. Friedrichs for a building permit to construct an addition to an existing building on the rear of Lot ll, Block 106, which is the S.W. corner of the N. Federal Highway and N.E. 3rd Street, was presented. As Mr. Friedrichs' plans did not provide for a connection between the present building and the addition, it would mean there would be three buildings on this one lot, which is not permitted by the Zoning Ordinance in this district. The request was therefore denied. The Building Inspector was instructed to inspect the Silber property on the S.E. corner of N. Federal HighWay and N.E. 3rd Street, directly across the street from Mr. Friedrich's property, to determine if zoning restrictions are being vio- lated there. City Msnager Edmond presented a plat of a proposed Subdivision on the West side of North Swinton Avenue, to be developed by Mr. F.J. Schrader, owner of the property. As the plat did not provide for a street from the Subdivision through to N. Swinton Avenue, Mr. Schrader was advised that he would have to acquire the property necessary for this street before the plat could be approved by the Council. The Council agreed to construct the street for Mr. Schrader if he would MARCH llth, 19~7. deposit the cost of the work as estimated by the City Manager. Building Inspector Adams presented an application of Gladys Howard for permit to construct' a one story dwelling on the S. 1/2 of Lot 22 and all of Lot 23, Block 109, which is just north of the Baptist Church on the S. Federal Highway. As the proposed building would not conform to the requirements of the Zoning Ordinance as to the distance between two buildings, the request was denied. Miss Betty Ball, Mauager of the Municipal Swimmi~ Pool, addressed the Council with reference to the two week's salary check which he claimed was due her for a substitute Manager of the pool during her summer vacation, claiming that this had been the custom in previous years, and she had paid out this money herself expecting to be reimbursed by the City. The fact was brought out that she could have been relieved by someone in the employ of the City without hiring an extra person at extra expense. The matter was tabled for consideration at the next meeting. Miss Dorothea Galvin, representing the Delray Beach Board of Realtors, addressed the Council, presenting the following Resolution which was passed by that Board at a recent meeting: "Be it resolved by the Delray Beach Board of Realtors to request the City Council to provide all Registered Real Estate Brokers with a correct copy of the City Zoning Ordinances. There have been many changes made since last pamphlets were published, which causes great difficulty to Brokers in correctly advising prospective purchasers." Miss Galvin was informed that the Zoning Ordinance was being printed and should be ready for distribution by the end of the .week, at ~hich time the Realty Board members could obtain copies. Council then adjourned.