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08-26-47 AUGUST 26TH, 1947 Regular meeting of the City Council of the City of Delrs~y Beach was held in the Council Chambers at 7:30 P. M. with Mayor M. M. DeWitt in the Chair, and City Manager H. P. Edmond, City Attorney J. W. Nowlin, and the following Councilmen present: B.C. Butler and e. B- Smith, a quorum being present. A letter from W. Herbert Sweet, Real Estate Broker, submitting an offer for a client to lease a tract of City owned property Just south of the City limits, running from U. S. Highway No. 1 east to the Canal, was read as follows: "August 14, 1947. Mr. H. P. Edmond City Manager Delray Beach, Florida Dear Mr. Edmond: After you showed .Mr. Sayre the City property just below the south City line on the Canal, he came to my office and asked me to ask you to submit to the City Council the following offer: Mr. Sayre will build a dock for supplying boats with gasoline, and will pay for all other buildings and expenses in connection with cleaning up the property, and for whatever is necessary for him to sell gasoline, Deisel fuel, ropes, alcohol, bait et cetera. He tells me he, is in a position to spend up to $10,0OO.00 in equipment for such a business. Mr. Sayre desires a twenty year lease on the property and offers the following rental: $ 40.00 a month the first three years 60.00 a month the next five years 75.00 a month for the remaining term of the lease. If this is satisfactory he i s ready to go ahead. He thanks you for the courtesy shown him, and hopes to be able to do himself and Delray Beach some good. If the above is accepted please let me know and I will have Mr. Sayre back here pronto. Very truly yours, k~S:h (Signed) W. H. Sweet" The Council decided that this property might be needed by the City at some time in the future, and in a motion made by Councilman Smith, seconded b~ Counc~lm~n Butler, unanimously carried, the offer was rejected. AUGUST 26TH, 1947 City Manager Edmond submitted two proposals for improving traffic conditions in the vicinity of the Post Office during the coming season, and explained each to the Council as follows: 1. Designate S. E. 1st Avenue a one-way street from the alley to Atlantic Avenue, for Northbound traffic; S. E. 2nd Avenue from Atlantic Avenue South to the alley, a one-May street for Southbound traffic; the alley west of Atlantic Avenue from S. E. 2nd Avenue to Swinton Avenue to be designated for one Way traffic going west. Provision for angle parking on the left hand side'in front of the Post Office. Atlantic Avenue traffic would then have to turn south at S. E. 2nd Ave., relieving traffic on S. E. 1st Ave. in front of the Post Office. 2. Purchase the property on the South side of S. E. 1st Avenue across from the Post Office, from Atlantic Avenue to the alley, and widen First Avenue. This would eliminate the necessity ~r one-May traffic, and allow parking on both sides of this Street in front of the Post Office. The two proposals were taken under advisement by the Council, to be considered at a later meeting. A letter from the Veterans of Foreign Wars, requesting a tract of City owned property, to be used as a Veteran's home, was read as follows: "August 24, 1947 The Honorable City Council Delray Beach, Florida Gentlemen: The Veterans of Foreign Wars of the City of De!ray Beach, Florida, respectfully request that they be given the following described property for a Veteran's Hcme and necessary grounds for beutification purposes: Ail of that part of Lot 10 owned by the City of Delray Beach and that part of Lot 25 west of U. S. Highway~l, according to Model Land Company's Map of Section 21, Township46, South, Range 43 East. (Sizned) R. C. Keen Commander (Si~ned) J, C, Keen, Jr,. Quartermaster" Councilman Butler was not in facor of giving City property to an organization or even leasing it for a long term, but the Council did agree to allow the Neterans of Foreign Wars to use the property, if some otherCity property would not serve their purpose as well. AUGUST 26th, 1947 In a motion made by Councilman Butler, seconded by Councilman Smith, unanimously carried, an appropriation of $100.00 was authorized at the request of Fire Chief Gregory, to send two men from the Fire Department to the Florida State Fire Colleg~ at Ocala from September 8th to 12th, ~this appropriation to be taken from the Contingency Fund. The following petition, signed by residents of a section in colored town was read: "Delray Beach, Florida August 7, 1947 City Council of Delray Beach Gentlemen: Because of the inconvenience of getting to and from the stores in town, we the citizens of Delray Beach wish to petition this Honorable Body to 'allow Clarence Haerst to open his store on Northwest First Street and llth Avenue. We feel that a store in this section will greatly aid us in this situation. Th~nking you for whatever consideration you may give us in this matter. Respectfully yours, (Signed) Harry Haywood SIGNED: (Signatures of twenty residents of this Section)" It was explained that this property is located in a Resident No. 1. District, and a license can not be grsmted without amending the Zoning Ordinance. The Building Inspector was instructed to check the permit given Mr. Hearst ~or the construction of the building, to determine whether he was granted a permit for a store building or only a residence. Action on the ~tter was wttz~held. A letter from Thomas Kemp, the owner of Kemp, s Paradise Restaurant at 103 N.W. 5th Avenue, was read as follows: "103 N. ~ 5th Ave. Delray Beach, Fla. August 25, 1947. To City Council Delray Beach, Fla. Dear Sirs: This letter comes as a request for dancing license for Kemp s Paradise Restaurant at the above address. I have a patio in the rear of m~ restaurant where my customers eat, and I wish to 229 AUGUST 26TH, 1947 have license for the pleasure of my customers. There will be no profit to my business for dancing. Respectfully, ~(Signed) Thomas Kemp" The Clerk was instructed to advise Mr. Kemp that dancing could be allowed in connection with his restaurant, if no additional charge would be made. At eight o'clock proof of publication of an Invitation for Bids for furnishing pipe, pipe fittings, values, ETC., to be used in construction of Waterworks Improve- ments was read as follows: INVITATION FOR BIDS Sealed proposals will be received by theCity Council of the City of Delray Beach Florida, until eight o'clock p.m., E.S.T. August 26th, 1947 and then publiciy opened and read for furnishing pipe, pipe fittings, values, to be used in the construction of Waterworks Improvements for the City of Delray Beach, Florida. Specifications and contract documents are ooen to public inspection at the office of the City Clerk~ Delray Beach, Florida, or may be obtained from Smith and Gillespie, Consulting Engineers, Post Office Box 1048, Jacksonville 1, Florida Bids must be accompanied by a certified check or bid bond in an amount not less than five percent of the bid. No bid may be withdrawn for a period of thirty (30) days after the scheduled closing time for the receipt of bids. The owner reserves the right to reject any or all bids, and to waive informalities. CITY OF DELRAY BEACH,FLORIDA H. P. Edmond City Manager August 15, 22. "AFFIDAVIT OF PUBLICATI~ . DELR~Y BE~CH NEWS Published WeeMly Delray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersigned authority personnaly appeared C, A, Lawrence who on oath says that he is Manager of the Delray Beach News, a weekly newspaper AUGUST 26TH, 1947 published at Delray Beach in Palm Beach County, Florida; that the attached copy of advertisement, being a leal notice in the matter of Invitation for Bids in the Court, was published in said newspaper in the issues of ~u~ust 15,, 22, 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 here- tofore been continuously published in said Palm Beach County, Florida, each Fridayand 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 h_~e 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) C. A. Lawrence Sworn to and subscribed before me this 22 day of August., A.D. 19A7 (Signed) ..Hazel V, Snow motary Public No,ar7 public, State of Florida at Larg~. My Commission expries Februar/ 4, 1949 Bonded b~American S~tre~'Co. of N.Y. Six bids were received in response to the foregoing notice, which were then publi¢l~ opened and read, as follows: M. & H. VALVE& FITTING GO. Quantity Unit Price Amount Group I. 3 12" Valve - 2 Bells 1 ea. (60) 124.05 124.05 4 10" Valve - 2 Bells 3 ea (60) 94.45 283.35 Group II 3 10" Valves - 2 Bells 2 ea 460) 94.45 4 6" " - 2 Bells 26 ea (60) 36.80 5 6" " - 1 Spigot End 1 ea (75) 45.60 6 4" " - 2 Bells 4 ea (60) 23.05 7 2" " - 8 ea (75) 13.75 10 Fire Hydrants 20 Fa (90) 88~40 Group III 3 14" Gate Valves 3 ea (75) 178'40 AUGUST 26th, 1947 Fla. PIPE & SUPPLY CO. quantity Unit Price Amount Group I. 3 12" Valve - 2 Bells 1 ea (3) 110.00 110.00 4 10" Valve - 2 Bells 3 ~ (3) 85.00 255.00 5 C. I. ~'ittings(237 Tons) 237 l~ons (3) 165.00 391.05 Group II 3 10" Valmes - 2 Bells 2 ea (3) 85.00 170.00 4 6" Valves - 2 Bells 26 ea (3~ 32.00 832.00 5 6" " - 1 spigot end 1 ea (30) 32.00 32.00 6 4" " - 2 Bells 4 ea (3) 20.00 80.00 7 2" " 8 ea (3) 12.00 96.00 8 1½" ~ 1 ea (30) 10.O0 10.00 9 C.I. Fittings 905 tons (3) 165.00 1493.25 10 Fire Hydrants 20 ea (45) 77.50 1550.00 Group III 3 14" Gate Valves 3 ea (30) 175.00 525.00 4 4 C. I. Fittings 124 tons (3) 165.00 204.60 RENSSEL~ER VALVE CO, Group I 3 12" Valve - 2 Bells 1 ea (21) 124.40 124.40 4 10" Valve - 2 Bells 3 ea (21) 94.75 284.25 Group II 3 10" Valves - 2 Bells 2 ea (21) 94.75 4 6, , - 2 Bells 26 ea (21) 36.90 5 6" " - 1 spigot end 1 ea (21) 45.75 6 4" " - 2 Bells 4 ea (21) 23.10 7 2" " 8 ea (21) 13.80 8 t~" " 1 ea (30) 6.66 6.66 10 Fire Hydrants 20 ea (45) 92.05 Group III 3 14" Gate Valves 3 ea (40) 196.80 AMERICAN7 C, I, pIPE & FDRY, Group III 1 14" C. I. Pipe 350 LF 4.05 1417.50 2 10" " " 110 " 2.61 287.10 4 C.I. Fittings 124 tons 193. OO 239.32 AUGUST 26TH, 1947 THCMAS F, KENNEY Quantity Unit Price Amount GroUp~' I 1 12" C. I. Pipe 520 LF 3.50 1820.00 2 10" " " 2775 " 3.00 8325.00 3 12" Valve -~ Bells 1 ea 122.00 122.00 4 10" " " 3 ea 92.00 276.00 5 C.I. Fittings 237 Tons 200.00 4?4.00 Group II 10 Fire Hydrants 20 ea 72. OO 1440. OO U. S. PIPE & FDRY CO. Group I I 12" C. Ir Pipe 520 LF 3.35 1742.00 2 10" " " 2775 LF 2.60 7215.00 5 C.I. Fittings 237 Tons 190.00 450,30 Group II 1 10" C. I. Pipe 3075 LF 2.60 7995.00 2 6" C. I. Pipe 13895 LF 1.35 18758.25 9 C.I. Fittings 905 tons ~90.00 1719.50 Group III 1 14" C. I. Pipe 350 LF 4.03 1~10.50 2 10" " " 110 LF 2.60 286.00 4 C.I. Fittings 124 tons 190.00 235.60 A letter from Attorney PaLul W. Potter of West Palm Beach, representing Mr. J. S. Willson, was~ read, as follows, and referred to the Finance C~m,~ittee for their recommendation. "PAUL W. POTTER Attorney at Law Harvey Bldg. West Palm Beach, Florida August 12, 1947 City of Delray Beach Delray Beach, Florida Gentlemen: Several years ago, the City of Delray Beach purchased a side arm rake from J. S. Willson on approval. .~UGUST 26TH, 19/+7 Mr. Willson informs me that the rake was brand new; that it had been purchased from Fatrclgth Truck and Tractor Company of this City for $292.00, and delivered to Mr. Willson-s farm on Kreamer Island in th~ Glades. As I understand it, the City of Delray sought to purchase such a rake from the Faircloth Company, and upon being advised that the only available one had been sold to Mr. ~Jillson, made arrangements with him to purchase his rake at cost price. I am also advised that the city had the Faircloth Company pick up the rake at the Willson farm a~d deliver it to the City. Almost two years have passed without the City having paid for the rake. Your courtesy in investigating the matter and having a check made payable to Mr. Willson and forwarded to the writer will be appreciated° Very truly yours~ (Signed) Paul W. Potter Paul W. Potter PWP: c" A Communication from the Florida Inland Navigation District, requesting the use of certain City owned property along the Intracoastal Canal until December 31st, 1948, to be used as a spoil area, was read as follows, and referred to the City Attorney for investigation and recommendation to the Council. AUGUST 26TH, 1947 A letter from Alph Brown Flooring Co. was read, requesting permission to cross the F. E. C. tracks at N. E. 2nd Street for a siding to their warehouse, was referred to the City Manager for recommendation. The following letter from the Animal Rescue League of West Palm Beach, asking that their appropriation be increased from $15.OO to $25.00 per month, was then read. "ANI~L RESCUE LEAGUE of the Palm Beaches, Inc. August lOth, 1947 Hornorable Marshall De Witt, Mayor of Delray Beach And Members of the City Commission: Honorable Sirs: Our League is very much in need of additional money to carry on our work and we are asking that the City of Delray Beach will be pleased to take us into con- sideration when preparing the Budget. Will you please raise our donation as your neighbor city has done recently? You are now paying us $15.00 and we beg of you to raise it to $25.00. Your needs are being met in the best way and ~ou will note that it does take additional time and gas to make the trip to your vicinity. Mrs. Dwight Bradshaw is ou~. Chairman in Delray Beach and we are proud to have such a fine lady to act for us. Our Manager's report shows that many trips have been made and many animals assisted and we are glad to render this good work for your community. We feel that your honorable board is cognizant of this service and will assist us as you see it is really a fine worE. Thanking you for all ~leasant associations, we are, The Animal Rescue League of the Palm Beaches, B~: (~igned) Mrs. J. M. Blackburn, President The Clerk was instructed to advise Mrs. Blackburn that their request will be considered before adopting the budget for the coming year. Mr. John A. Thayer, President of the Delray Beach Board of Realtors, addressed the Council, again urging the passage of an Ordinance to control the licensing of Real Estate Brokers and Salesmen in the City, asking that the City Council employ every precaution to protect the real estate profession and maintain a high standard of ethics in the conduct of their business. Mr. Thayer further suggested that the laws of other Cities nearby be studied, and an ordinance patterned after their re- quirements as to length of residence in the City and knowledge of the community of an applicant for a license, be adopted b-,~ the City Council. Mayor DeWitt explained that copies of ordinances governing the licensing of Real Estate Brokers and Salesmen had been obtained from several Cities, and theY would be AUGUST 26TH, 1947 s~udied carefully, and the matter would be considered at a meeting in the near future. City Manager Edmond reported that ~raffic lines were being painted on Ocean Boulevard, and the possibility of widening the sidewalk on both sides of Atlantic Avenue at Ocean Boulevard was being considered, to relieve the traffic congestion at ~this p~int. ~ Mr. Edm~ alsO' stated that he was awaiting a recommendation from the Division Manager of the State Road Department, as to the practicibility of installing a traffic light on the corner of Atlantic Avenue and Ocean Boulevard, or whether some other method of traffic control might be more effective. After consideration ~ the Council, a motion was made by CounciLman Butler, seconded by Councilman Smith, that the City Manager be authorized to request a permit from the State Road Department to install a traffic light at the corner of Atlantic Avenue and State Highway A1A, in case it is decided to use this type of ~traffice control. Upon call of the roll the motion carried unanimously. Councilman Smith advised the Council that a committee of ten, comprised of one member from each civiic organization, had been selected to organize and prmuote a Gladiola Festival during the coming season, and they were asking that a contribution of $25.00 be made from each organization for preliminary promotional work. Mr. Smith stated that he had been selected to represent the City Council, and asked that an appropriation of $25.00 be made by the Council for this work. He also asked that written consent be given to .th~ Committee for the use~ of the City owned land on West Atlantic Avenue for the hold-of' the Festival. The Clerk was authorized to advise the Festival Committee that the City was willing to have them ~se the land on West Atlantic for the Gladiola Festival, the same land which was used for the Festival last year, and a~ appropriation of $25.00 was authorized to be paid to the Committee as requested, this donation to be taken from the Contingency Fund. A Resolution of sympathy on the recent death of Mr. J. M. Sabath was presented and read in full as follows: RESOLUTION NO. 629 RESOLUTION OF St~PATHY ON DE~TH 'OF J. M. SABATH WHEREAS J. M. Sabath, who was for many years a resident of this City and who was a former member of the City Council of the City of Delray Beach, recently passed away, and WHEREAS the City Council desires to express its regret upon his death and sympathy to the members of his family. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that this Resolution of R gret and Sympathy over the death of J. M. Sabath be passed by the City Council, that a copy of this Resolution be mailed to Mrs. J. M. Sabath and a copy be spread upon the minutes of theCity Council. AUGUST 26TH, 1947 PASSED in Regular Session on this the 26th day of August, 1947. (Signed) M, Mt De Witt Fresident, City Council APPROVED: ATTEST: (Signed) M, M, De Witt. Mayor ~S. igned). Ruth R, Smith City Clerk SEAL A motion was made by Councilman Butler, seconded by Councilman Smith, that the foregoing Resolution No. 629 be passed and adopted as read, and upon call of roll the motion carried unanimously. City Attorney Nowlin presented a Satisfaction of Final Decree in connection with the recent City tax foreclosure suit, and asked that the Mayor and City Clerk be authorized to sign same, explaining that delinquent taxes on the properties listed had been paid to him between the time of filing the final decree on January 16th, 1947, and the date of the sale~ A motion was made by Councilman Butler, seconded by Councilman Smith, that the Mayor and City Clerk be authorized to execute this Satisfaction of Final Decree, and upon call of roll the motion carried unanimously. City Attorney Nowlin advised the Council that a few pieces of property had been sold on the City tax foreclosure s~it, and taMen by the City, which were ~ned by the State of Florida, and recommended that in these cases the delinquent ~ity taxes be accepted by the City and a Quit Claim deed be given to the purchaser of the property from the State. Upon motion of Councilman Smith, seconded by Councilman Butler, unanimously carried, the Mayor and City Clerk were authorized to execute a Quit Claim Deed from the City to any purchaser of property from the State which was foreclosed by the City in error, upon paymentof delluquent City taxes. In a motion made by Councilman Butler, seconded by Councilman Smith, unanimously carried, bills totaling $12,301.94 were ordered paid, subject to the approval of the Finance Committee. City Manager~ Edmond recommended the paving of Gleason Street from Ingraham Street to Shulson Street explaining that that portion of Gleason ~treet between Atlantic Avenue and Ingrah~m Street, and from Shulson Street south, had been paved by John B. Reid, leaving two blocks of unpaved street between. A motion was mad~ by Councilman Butler, seconded by Councilman Smith, that City Manager Edmond be instructed to prepare an estimate of the cost of this construction and to notify the abutting property owners of the intention of theCity to pave this section of Gleason Street, also that the City Attorney be instructed to prepare the necessary Resolution ordering this paving work, for passage by the Council at thAir next me~ular meeting. Upon call of the roll the motion carried unanimously. AUGUST 26TH, 1947 Mr. H. A. Hubbard and Mr. C. W. Garner, representing the Research Development Board addressed the Council with reference to a Count~--wide Barbecue to be held at Pahokee on Labor Day, September 1st, which is being sponsored by the Research Develop- ment Board. Mr. Hubbard explained that an excellent program of speakers had been arranged, and questions of County-wide interest would be discussed, such as flood ~ater control, roads and highways, canals, etc. Mr. Hubbard stated that representatives from seven- teen communities in Palm Beach County would be there, and urged the members of the City Council to attend the barbecue if possible, offering transportation to anyone who had no means of getting there. Mr. Garner then addressed the Co~ncil asking for an appropriation from this City to he~p defray the expenses of the Barbecue, He stated that it was planned to m~.We this an annual affair, and it might possibly be held in Delray Be~ch next year. A motion was made by Councilman Butler, seconded by Councilman Smith, that an appropriation of $1OO.O0 be made from the Contingency Fund, to be paid to the Research Development Board, to help defray the expenses of the County-wide Barbecure to be held ~n Pahokee on Labor Day. Upon call of roll the motion carried unanimously. Council then adjourned. f~itY ~lerk~ ~- APPROVED: Mayor