07-08-47 JULY 8TH, 19&7.
Regular meeting cg the City Council of the City of De]may Beach was held
in the Council Chambers at 7:30 P. M. with*Mayor M. M. DeWitt in the Chair, and
City Manager H. Po Edmond, City Attorney J. W. Nowl~n, and the follc~ing Council-
men present: B. C. Butler and J. B. Smith, a quorum being preset.
The minutes c~ the meetings of June 2~th and July 2nd were presented and
approved as written.
A plat of a Resubdivision of Block 17, lying between N. 5th and 6th
Avenuesm and 3rd and &th Streets, was submitted to the Council by City Manager
Edmond for its approval. Mr. Edmond stated that the size of the lots and the
street dedications met aL1 requirements.
A n~tion was made by Councilman Smith, seconded by Councilman Butler, that
the foregoing plat be approved, and upon call of roll the motion carried unanimously.
A communication from the Golf Course Extension Committee of the Community
Civic Board was read, as follows:
"Delray Beach, Florida
July
City of Delray Beach
Mr. Marshall M. DeWitt, Mayor
Delray Beach, Florida
Gentlemen:
This committee composed of representatives from the various member organi~a-
tions of the Community Civic Board held its i~itial meeting on Thursday, Ju/~ 3rd,
The purpose of this committee is to secure the extension of the De]may Beach
· Municipal Golf Course to an 18 hole course at the earliest practicable ~ime~ if
after due consideration this seems p~actical and financia11~ possible.
Each member of the committee was as."~ed for the sentiment of his organization
toward the proposed ex%ension of the course. Without exoeptton all members stated
that their o~anizations favor the proposed work if a way can be found to do it.
Several membere stated that their o~antzations indicate 80% to 100~ of their
membership favor the expansion.
After discussing the matter fully~ the following motion was msde and passed:
"That the chairman c~ the committee w~ite a letter requestin~ the City Council to
tnvest~ate the possibility of procu~ing the two ten acre t~acts of land located
no~h and so~th of the golf course ~oad as the first step in preparation for the
expansion of the course to 18 holes.
This committee will be anxious to learn what action is beir~ taken to proct~e
this requi~ed land.
JULY ST~, 1%7.
To further assist the golf course extension committee in its efforts it
is requested that the following information be made e~atlable.
1. A map of the area covering the present and proposed extension of the
cot]z'se.
2. A layout of the proposed extension.
3, Financial data showing whether or not the prement course is paying
its ~ay.
~. Registered play on the course by month for the past year.
5. An estimate of the cost of extending the course.
6. Any other information which may be useful in assisting this committee
in making a careful stmdy of the issue at hand.
Respectf-1 ly yours,
(Signed) C.W. Trieste,
C. W. Trie ste, Chairman"
The foregoing le.tter was referred to the City Yana~er for his attention.
City Attorney Nowlin advised the Council that he would set a deadline for
acceptance of the offer of the City to purchase two tracts of land which are
privately owned, which will be needed for the extension of the Golf Course, and
if the City's offer is not accepted he will start condemnation proceedings to
obtain the portion of land needed.
A letter from City Nanager Edmond with reference to the franchise agreement
with the American Telephone and Telegraph Co. was read as follows:
"July ?, 19&7.
Nonorable Yayor and City Council
Delray Beach
Florida
I wish to advise that I have investigated, from the reocrds awailable in the
City' Hall, the franchise agreement between the City of Delray Beach and the American
Telephone & Telegraph Company.
From the Council minutes, dated September 19, 1%1, I quote as follows:
"The City Attorney also reported that the American Telephone Company had agreed
to stand election expenSe, up to $ 100.00 for the holding of a special election
on the granting cf a new franchise to said corporation. The City Attorney agreed
to prepare the necessary proceedings for the calling of such election."
On September 22, 19~1, upon motion regularly made, seconded and carried, the
roll,lng Ordinance was placed on first reading; this being Ordinance No. ~16.
The said Ordinance granted permission to the American Telephcae and Telegraph
Company to construct, operate and maintain lines of telephone and telegraph upon,
along, across, ower and under the public roads, streets, highways and other public
ways of the City of Delray Beach, under the terms specified therein. It was moved,
seconded and on roll call unanimously carried that this ordinance be passed on its
first reading.
JULY 8TH, 19~?.
On October 20th Mr. C. Y, Byrd was present and offered an amendment to Section k
of proposed O~ttnance No: k16, ~hich amendment received the ~manimeus app~val
of the Council and it Ms t~erefore moved, Seconded and carried that the o~dinance,
as follows, be so amended and placed on its second reading.
~ne amerced o~knance having been ~ead i~ full, it was moved that it be adopted
on its second and final reading, and upon motion made, seconded, it was carried
unanimously.
It was further recommended that a referendum election be called on the granting
of such franchise to the American Telephone Company, said election to be hgld
concurrently with the City Primary election in November. The City Att~ney
approved this plan and agreed to prepare the necessary notice adYertising such
election.
On November 10th, Mr..C..Y. Byrd, Attorney, and Mr. Higgins of the American
Telephone and Telegraph Company were at the m~eting, and offered to answer any
questions the Council m~ht want to ask in regard to the proposed Telephone
Company' s Franchise to be voted upon on November 1Bth. Mr. Byrd stated that he
and the City Attorney had prepared a ballot on same which complied with Charter
and Ordinance requirements. Both'. the Council members and Mr. Niggins expressed
themselves as understanding and being f,,lly satisfied with the provisions of the
franchise.
It was further moved by Mr. Jacobs, seconded by Mr. Hill, and unanimously carried,
that the ballot for voting on the proposed American Telephone and Telegraph Company
franchise, as drawn by Mr. Byrd and Attorney ~wlfu, also be approved, and the
Clerk be authorized to have ballot~ ~printed for both the Primary and Franchise
elections.
In the minutes of November l?th, it stated: "The Clerk submitted to the Council
the required number of official ballots, a list of the registered voters, tally
sheets and other paraphernalia necessary for the holding cf the City's primary
election and the American Telephone and Telegraph Franchise election on November
18th."
After the ballots, list of voters, etc., were examined by the Council, amd found
to be in proper form and order, it was moved by Mr.. Hill that the ballot box be
locked, sealed and delivered to the Clerk of the Election Board with instructions
as to holding of said Primary and Franchise Elections, in compliance with the
Charter of the City of Delray Beach and the election laws of the State of Florida.
Mr. MLller seconded th~ motion, which carried unanimously.
On November. 21st, the election reruns for the American Telephone & Telegraph
Company franchise election, held on November 18th, as made to the Mayor and City
Celrk, were submitted for the Council' s approval, and after a cancass of said
returns, it was moved by Mr. Miller, that the following resolution be adopted:
"WHEREAS, certified copies of the election returns as delivered to the
Mayor and City Clerk by Election Officials in charge of the American Telephone
and Telegraph Company Franchise Election, held in the City of Delray Beach on
November l$th, show votes to have been cast as follows on the question of granting
s franchise to the American Telephone and Telegraph Company to construct, operate
and maintain telephone and telegraph lines in Delray Beach:
t95
JULY 8TH, 19&7.
FOR APPROVAL OF FRANCHISE
ORDINANCE NO. &16 - - 519
AGAINST APPROVAL OF FRANCHISE
ORDINANCE NO. Al6 ..... 107
Votes thrown out .... .. 14
Total n-tuber of votes cast being - 6~0
NOW, THEREFORE, HE IT RESOLVED by the City Council of the City of Delray
Beach, Florida, that said election returns show the electors to have been
favorable to, and to have voted for the ratification ama adoption cf Ordinance
No. ~16, entitled:
AN ORDINANCE GRANTING PERMISSION TO THE
AMERICAN TELEPHONE AND TELEGRAPH CC~PANY
TO CONSTRUCT, OPERAI~ AND MAINTAIN LINES
OF TELEPHONE A~ T~.~.W~aAPH UPON, ALONG,
ACR(~S, OVER AND ~NDER THE PUBLIC WA~B OF
THE CITY OF DEIRAY BEACH, FLORIDA, UNDER
THE TER~ SPECIFr~n HEREIN..
Upon motion, made, seconded, it was carried unanimously.
House Bill No. 1405, 1937 Session of the Florida Legislature, the Charter of the
City of De]may Beach, was passed.
The City of Delray Beach sha]-I have power in Article 11, paragraph 11, to grant
franchise for public utilities, upon the conditions and in the manner herein-
after provided.
In Article V, Section 37, the Council may, by ordinance, grant permission to any
individual, firm or corporation, to construct, operate amd maintain any public
utility in, upon, c~ over the streets and puhlic spaces cf the city; but no such
grant or renewal of any such grant, shall be effective without referendum to the
people, at an election to be called and held in accordance with the pro.visions
of this charter for the holding of bond elections.
Article XIII, Section 130, reads as follows:
All issues of bonds under this Article must be approved by a majority vote of the
qualified electors of the municipality, who are freeholders therein at an election
called by ordinance for that purpose. If a ma~ority of the votes cast at any such
election shall be in favor of such bonds, then the same shall be issued in accordance
with the ordinance of the City Council submitting such question to the vote of the
qualified electors.
It would therefore appear that the ordinance gram~ing a franchise to the American
Telephone & Telegraph Company has not been approved by the freeholders in accordance
with Section 130, Article XIII, and that the City of De]ray Beach does not secure
any compensation from said Company for the use of its streets, alleys, etc., and I
therefore recommend that steps should be taken to secure the same type of franchise
as now in force with the Florida Po~er & Light gcmpany.
196
Respectfully submitted,
(Signed) ' H. P. Edmond
H. P. Edmond
HPE:CVB City Manager"
May~r DeWitt explained ~hat other Municipalities were receiving free
telephone service, and in some cases a percentage of gross revenue, and re-
commended that the City Attoe~ey be instructed to check into the foregoing information
and prepare a written opinion as to whether or not the City could negotiate with
the Te~phone Company for any cg these benefits.
The following letter from Mr. Harry A. Johnston, County Attorney, with re-
ference to new reg,,]~tions on oloa~ng hours for liquor establishments oUtside of
Municipalities was read, as follows:
"June 26, 19~7
TO MUNICIPAL CFFICERS:
The Board of County Commissioners of Palm Beach County, in accordance with
the provisions of Chapter 237~6, Laws of Florida 19~7, which amends Section
562.1~ of Florida StatuSes, did on June 23, 19~7, by resolution, fix and declare
the hours of sale of alcoholic beverages within the territory of Palm Beach County,
mdt included within any municipality, where intoxicating beverages may be dols,
consumed, or served, or permitted to be s~ld, served or consumed, in any place
holding a license under the State Beverage Department, to be as follows:
BA~S
7:00 o'clock a. m. to 2:00 o'clock a. m. Mondays through Fridays;
7:00 o'clock a. m. Saturdays to 2:00 o'clock a. m. Sundays;
2:00 o'clock p. m. to 12:00 o'clock midnight Sundays.
PACKAGE STORES
7:00 o'clock a. m. to 8:00 o'clock p. m. Mondays through Saturdays.
There are sixteen municipalities in Palm Beach County and there is a con-
siderable variance existing in the several ordinances as to the hours of sale of
intoxicating beverages.
It is the desire of the County Commissioners to f. lly cooperate with all
municipal cgficials, and if county wide regulation in and out of mu~idipalities
is deemed to be fc~ the best interests of the public generally, and the munici-
palities desire to ~gree upon and adopt uniform hours of eale,'the County Commission-
ers w~11 conform to the same hours outside of municipalities.
I have been instructed by the Beard of County Commissioners to communicate
with the cgftcials of all municipalities in the county and to offer the suggestion
that a joint meeting of members of municipal governing bodies be held to discuss
this matter, and if found desirable to agree on uniform hours of sale.
JULY 8TH, 19&7.
I request that you please inform ne as to whether or not the members of
the governing body of your municipality are interested in establishing county
wide reg,,~ -rich.
Yours very truly,
(Signed) Harry A. Johnston
Harry A. Johnston
HAJ :vb County Attorney"
The Clerk was instructed to advise Mr. Johnston that the City Council
w~uld be interested in having a representative at a joint meeting cf members
of Municipal governing bodies to discuss this matter.
The Council was of the opinion that a uniform 1:00 o'clock closing hour,
as established in this City, might be advantageous to aL1 surrounding communities.
A letter from Mr. Wm. Langer, Chairman of Co~nittee on Civ/1 Service in the
United States Senate, was read as follows, and ordered filed:
"June 25, 19&7.
Hon. H. P. Edmond, City Manager
City of De]may Beach
De]may Beach, Florida
Dear Mr. Edmond:
This will acknowledge and thank you for your recent let%er requesting in-
formation on plans for a post office b,,~lding at Delray Beach.
I have checked with the Postmaster General on this, and he advises me that
Delray Beach is on the eligible list for a new post office building as soon as
appropriations are made available by Congress.
A bill to provide construction 'funds for post office b,,~l dings was introduced
at the last session, but failed of passage. No bill has been introduced on this
at this session as yet.
I trust this gives you the information you need. If I can be of further
service in this matter, please let me hear from 'you again.
With kindest regards and best wiahes, I am
Sincerely,
(Signed) Wm. Langer"
The Clerk then read the following telegram from Mr. Joseph Guandolo, U. S.
Solicitor, with reference to lease of the U. S. O. building;
JULY 8TIt, 19~7.
"June 27, 19~7.
Honorable M. M. DeWitt
Mayor, Delray Beach, Florida
Reference to your letter, Commissioner of Public Buildings, May 28 last.
Emergency declared September 8, 1939 has not been terminated. Therefore your
purported notice of cancellation leasehold covering Lot 7 and a portion of Lot 8,
Block 101, ineffective. Letter follows.
(Signed) Joseph Guandolo, Solicitor"
A plat of a new Subdivision lying west of N. Swinton Avenue, to be known
as High Acres, filed by Mr. F. J. Schrader, .was presented for the approvel of
the Council. Certain notes had been made on the plat describing areas not
included, but the areas described were not shown, which the City Attorney ex-
plained might be confusing at some time in the future. Mr. No,lin recommended
that these points be clarified before the plat was approved.
After consideration, a motion was made by Councilman Butler, seconded by
Councilman Smith, that the foregoing plat, to be known as "High Acres", be
approved provided the designation of the west 5' not included on the w~st of
the plat, and the North 36', more or less, not included north of the plat, be
so changed as to show that the notation referred to that particular p°rtion of
t~ S. 1/2 of the NEt of the NEt of the N. 1/2 of Section 8, Twp. ~6 S., Range
~3~ E., and not to an~ part of the plat of "Hig~h Acres". Upon call of roll the
motion carried unanimously.
In a motion made by Councilman Butler, seconded by Councilman Smith, unani-
mously carried, b~ls totaling $ 30,722.0~ were approved For payment, subject
to the approval of. the Finance Committee.
City Manager Edmond reported to the CouncLl that work on the construction
of three new water supply wells had been started by J. P. Carroll, Contractor.
Council then adjourned until 10:00 A. M., TUesday, July 15th, when the
Council will sit as a Board of EquaLization to hear complaints as to valuations
placed on tM 19~7 Tax Roll.
~ Ci6y Clerk
Mayor