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11-25-47 NOVE~ER 25TH, 19A? Regm!ar meeting of the City Council of the City of Delray 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, F. B. McNeece, J. B. Smith and C. J. White, a quorum being present. The minutes of the meetings held October 28th, November 4th, November 7th, November lO%h, November l?th and November 18th, were presented and approved as written. Councilman Smith reported to the Council that the sidewalk on the west side of N. E. 5th Avenue, between 1st and 2nd Streets, extended 5' further east in certain sections than in other sections in this same block. He stated that the walk could now be straightened as the trees which were in the way had been des- troyed by the hurricane, and the property owners affected were willing to have the cost assessed against their property. In a motion made by Councilman Smith, seconded by Councilman McNeece, unan- imously carried, the City Manager was instructed to investigate the condition to determine what could be done, and report back to the Council. Councilman McNeece called the attention of the Council to the.demaged condi- tion of the south bridge on theGolf Course, recommending that the bridge be re- paired. The City Manager was instructed to have the necessary repairs m~de to the bridge as soon as possible. Mayor De Witt advised the Council that the gates on the Atlantic Avenue crossing of the Florida East Coast railroad tracks had been stuck and out of order several times during the last three weeks. The local railroad agent had promised to do what he could to put the gates in working order, but they were still not operating properly and were causing a serious traffic hazard. Mayor DeWitt fur- ther stated that an emergency Ordinance had been drawn up by the City Attorney to limit the speed of trains to 15 miles per hour at any place where the railroad tracks cross a public thoroughfare, as a traffic protection. The following Ordinance was then presented as an emergency measure, and same_ was read in full~ "(~DINANCE NO. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF T~ CITY OF DELRAY BEACH, FLORIDA, REGULATING THE SPEED OF MOT(~ VEHICLES AND LOCC~OTIVES, TRAINS, CARS (R OTHER VEHICLES OPERATED UPON RAILS AT ALL PLACES IN THE CITY OF DEIRAY BEACH WHERE A PUBLIC STREET CROSSES ANY RAII/~OAD TRACK. WHEREAS, an emergency exists in the City of Delray Beach, Florida, due to the fact thet there is not adequate crossing protection for certain railroad crossings in this City and WHEREAS it is necessary for the p~eservation of public safety that this ordinance be passed as an emergency ordinance. NOW, THEREFOr, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: NOVEMBER 25TH, 1947 SECTION 1. That no person, firm or corporation shall operate a motor vehicle at a greater speed +_.h_~_~ 15 miles per hour in the City of Delray Beach, Florida, at any place where a ~pulic thoroughfare crosses a railroad track. . SECTION 2. No person, firm or corporation shall operate a loc~notive, train, car or other vehicle operated upon rails at 'a speed greater then 15 miles per hour in the City of Delray Beach, Florida, at any place where a railroad track crosses a public thoroughfare. SECTION 3. Any person violating the provisions of Sections 1 and 2 of this Ordinance shall be punished by a fine not to exceed $500.00 or by imprisonment in the City Jail not to exceed 90 days or by both such fine and imprisonment An the discretion of the Court. SECTION 4. Sections 1 and 2 of this Ordip~nce shall become a part of the City Code of Delray Beach, Florida, and shall be added thereto as Sections 54 A and 54 B respectively of Chapter X~! of said Code. SECTION 5. This is an emergency ordinance and shall take effect immediately upon its passage on first and final reading. PASSED in Regular Session on first and final reading on this the 25th day of November, 1947. (Si~ned) M. M. DeWitt . - President, City Council (Si ed) Mayor Attest: ($i~ned) Ruth R. Smith City Clerk A letter from Mr. Scott M. Loftin, a Trustee for the Flori~ East Coast ~ail'- way Company was -read, as follows: "November 18, 1947 File 317D---64 DEI~AY BEACH - Crossing Protection at Atlantic Avenue Miss Ruth R. Smith, City Clerk, City of Delray Beach, Delray Beach, Florida. Dear Referring to your letter of November 8, 1947, with which you enclosed certified copy of Resolution No. 638, Passed and adopted by your City Council on November 4th, protesting against the removal of the m~ual control tower at the Atlantic Avenue crossing. Since~ the receipt of your letter I have looked into the matter of the removal of the operator's tower that was done while the question of the operation of the gates was under consideration. I find the circumstances were as follows: The instructions for the removal of the operator's tower were to the effect that the work wou2d be done as soon as the new crossing gates were installed. The N07EMBER 25TH, 1947 carpenter gangs, who handle this type of work,~were busily engaged in making repairs to roofs, etc. that had been d~ged in the several storms, but,' as that work was more important, the gang delayed the removal of the tower until it was in the vicinity of Delray Beach. ~[nfortunately, the matter of negotiations were apparently overlooked and the instructions to the gangs for the removal of the tower were not changed to allow the tower to remain until the negotiations were completed.~ I assure you there was no intention of acting in bad faith, and the removal of the tower was entirely as described. The Railway is anxious to cooperate with the City in. this matter and to conclude the negotiations. I feel nothing can be gained by further correspondence, and, therefore, I am requesting that Mr. C. L. Beals, our Chief Operating Officer, arrange to go to Delray Beach as promptly as possible for the purpose of handling the nego- tiations to a conclusion. At this time I am unable to Say when Mr. Beals will be at Delrav Beach, and he will ~ke his own arrangements. Very truly yours, ~ (Signed)~cott M. Loftin-Trustee" A letter from Mr. C. L. Beals, Chief Operating Officer for the Florida East Coast Railway Company was also read, as follows: "St. Augustine, Fla.~ November 24, 1947. 76 ~iss Ruth R. Smith, City Clerk, ty of Delray Beach, Delray Beach, Florida Dear Miss Smith.' I have received copy of Mr. Loftin's letter to you of November 18th, ia regard to Resolution No. 638 passed and adopted by your City Council on November 4th, protesting aginst the removal of the ,~nual control tower at the Atlantic Avenue crossing. Dea~-g with what is said in the last paragraph of that letter, I have to ad- vise that I am presently leaving for a short vacation, and upon n~ return it will be m~ endeavor to arrange for a m~tually agreeable date for a discussion of the crossing protectionat Atlantic Avenue with your Town officials. Trusting this a~T~n~ gement will be satisfactory to the Commissioners and others concerned, I am, Very truly yours~ (Signed) O. L. Beals Chief Operating Officer, CLB-d" As the Council felt that they had tried to cooperate with the railroad in every way possible, and it being apparent that no a~eement c~ld be reach~'d, a ~ motion was made by Councilman McNeece, seconded by ouncilman ~mite, that t]ae foregoing Ordinance be passed and adopted as an emergency measure, to.become effec- tive immediate~. Upon call of roll the moti~ carried unanimously. The City Manager was instructed to advise both the Florida East Coast Railway Co. and the Seaboard Airline Railway Co. that the Ordinance was in effect and would be enforced at once. NOVEMBER 25T~, 1947 A letter from Mr. Fred B. Scott, owner of the Seacrest Hotel, requesting a change in the Zoning Ordinance to allow him to move his Cocktail Lounge from the Hotel to the building now known as the Seacrest Garage on the East Atlantic Ave. side of his property was read. Councilman White suggested that all of Atlantic Avenue be rezoned to allow the sale of liquor unless otherwise prohibited, and after discussion by the Coun- cil a motion was made by Councilman Smith, seconded by Council-mn Butler, that the City Attorney be instructed to prepare an amendment to the Liquor Zoning Ordinance to permit the sale of liquor on lots facing and having their entrance on Atlantic Avenue, unless otherwise prohibited. Upon call of roll the motion carried unani- mously. City Manager Edmond presented a form of Resolution to be passed upon accept- ance of the west right-of-way line of the Ocean Boulevard by each individual property owner, the Resolution reading as follows: "RESOLUTION NO. A RESOLUTION OF THE CITY C0~NCIL OF THE CITY OF DELRAY BEACH, FLC~IDA, LOCATING THE WEST RIGHT OF WAY LINE OF THE OCEAN BOULEVARD, ABANDONING ANY PORTION C~ THE OCEAN BOULEVARD LYING WE~T T~EREOF AND PROVIDING FOR THE CONSTRUCTION OF CERTAIN S~REET IMPROVEMm~S. WvHEREAS, for m~n~ years there has been ccmsiderable uncertainty as to the exact location of the west right-of-way line of the Ocean Ro~4, also known as the Ocean Boulevard, in the fractional East half of Section 16, Township 46 South~ Range 43 East, as per plat thereof filed in Plat Book 1, page 25 of the public records of Palm Beach County, Florida, and WHEREAS, a line %o serve in the place of the west bound-_~7 line of the Ocean Boulevard in Fr~ctional Section 16, Township A2 South, Rsnge ~3 East and commonly k~ow~ as %he Br~kway Surve~ Line has heretofore been established according to plat thereof on file in P/at Book 20 at page 4 of the public records of Palm Beach Count7, Florida, which line has been used for building and zoning purposes as the west line of the Ocean Boulevard, and WHEREAS, the City of Delray Be~ch now desires to proceed with certain street repairs and new street and sidewalk construction on the Ocean Boulevard and sires to definitely establish the location of the west right-of-way line of such Ocean Boulevard before such construction is commenued. NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delrs~ Beach~ as follows: SECTION 1. That the City of Delray Beach here~/accepts and designates the above described ]/ne known as the Brockway Surve~ Line as shown on that cez~ai~ plat on file in Plat Book 20 a% page 4 of the Public Records of Palm Beach Coun- ty,. Florida, as being the west right-of-way line of the Ocean Ro~d or Ocean Boule- var~., as shown on the plat of the fractional East half of Section 16, Townsktp 46 South, Range 43 East, recorded in Plat Book 1, at page 25 of the Public Records of Palm Beach County, Florida, insofsm as the same affeots the proper~ herein- after described. NOVEMBER 25TH, 1947 SECTION2. That the City of Delray Beach hereby abandons and vacates all of that portion of the Ocean Road or Ocean ~oulevard as per_plat recorded in Plat Book 1 at page 25 of the public records of Palm Beach County, Florida, cared in the hereinafter described property and lying west of the Brockway Sur- vey Line as shown in the plat thereof recorded in Plat Book 20 at page 4 of the public records of Palm Beach County, Florida. SEOTION 3. That in consideration of the relinquishment by the adjacent property owner of all claims to any of the hereinafter described property located East of the Brockway Survey Line as above described, the City of Delray Beach will make no special assessments for benefits against said adjacent property for the proposed repair, improvement and construction work to be done during *the years 1947 and 1948. SECTION 4. This Resolution shall become effective upon the proper accept- ance thereof by the owner of the hereinafter described property, w~h acceptance s~all be signified by the execution of the attached consent and release. SECTION 5. The property affected by this Resolution is: PASSED in Regular Session on this the .... day of ~ , 1947. President, City Council. Attest: Approved: City Clerk Mayor For and in consideration of the abandonment by the City of Delray Beach of that property described in Section 2 of the foregoing Resolution and in further consideration of the agreement of the City of Delray Beach to m~ke no special assessments for benefits against the above described property for street impr.~-~- ment work on the Ocean Boulevard during the 1947-1948 construction program, the undersigned owners hereby accept the above Resolution and hereby remise, release and quit-claim to the City of Delray Beach, Florida, for use as a public street and aidewalk all of that portion of the above described property as set out in Section 5 of this Resolution, which may be located east of the Brockway Survey Line as shown in Plat Book 20, page 4 of the public records of Palm Beach County, Florida. Witnesses NOVEMBER 25TH, 1947 STATE OF F I HEREBY CERTIFY that on this day before me personally appeare~ to me known to be the persons described in and who executed the .foregoing instrument and they acknowledged before me that they executed the same. WITNESS this the day of ~ ~94"' '' . o Public My c~mmission expires: " A motion was then made by Councilman Butler, seconded by CounCilman McNeece, that this form of Resolution be adopted for this purpose, and upon call of roll the motion carried unanimously. The following data from the minutes of the City Council, from January 24th, 1945 to date, pertaining to the recent Sewsrage Syste~ survey made by Messrs Smith & Gilles- pie, Engineers was filed with the Council, showing that the survey was financed by the Federal Works Agency in the amount of $24,500.00, and plans and specifications were ap- pr~,ed by the Federal Works Agency before final payment was made to the Engineers, the plans and specifications now being on file in the office of the City Clerk for publi~ inspection: "At a Council meeting held January 24, 1945, a proposal made b~. Austin. Smith of Smith & Gillespie, Engineers, Jacksonville, was accepted. Mr. Smith proposed that his firm, for the fee of $200.00 make a prelimLnary stud~, survey and report on the present sewerage system which would give the City the neces- sary information to file for a grant from the Government for complete plans and speci- fications to cover the construction of a complete sewerage system ~nd disposal plan~ for. a post-~ar project. The City received from Smith & Gillespie, Engineers , a report of study and inves- tigation of the City's sewerage disposal facilities in Dec~_m_ber, 1945. The Council meeting of December 17, 1945 authorized the filing of an application with the Federal Works Agency for advanced planning funds in the amour of $24,500.00 which was to cover the cost of complete plans and specifications with Smith & Gilles- pie, shown as the Engineers. A letter dated February 20, 1946 from the Federal Works Agency was received in which they acknowledge receipt a~ the application for advance for plan preparatic~ in the amount of $24~5~0. and which they assigned - Application No. Florida 8~P-117, Sanitary Sewerage Facilities, Delray Beach, Florida. The City was notified in September! 1946 by the Federal Works Agency that the Cityts applicatic~ for funds in ~e amount of $24,500.00 had been approved and authorized to proceed with the work of preparimg plans and specifications. NOV~ 25 T~, 1947 The City entered into a contract with Smith & Gillespie on October 7, 1946 for plans and specifications covering Sanitary Sewerage improvements to. scope as approved by the Federal Works Agency in their application Florida 8-P-117, in the sum of $24,500.00 this sum to be paid from the grant when received fr~n the Federal Works Agency. The City received half the approved gra~t in the amount of $12,250. during the month of October, 1946, which sum was placed in a special bank account,. ~rked Sanitary Sewerage Project! Florida 8-P-117, City of Delray Beach, and a check was dra~n for the total amount of $12,250.00 on December 10, 1946, as being the first payment to Smith & Gillespie, Engineers, being check No. 1. The completed plans and specifications were approved by the Federal Works Agency and the Florida State Board of Health, The Federal Works Agency made the final payment to the City of $12,250., which sum was placed in the Special Account, and Check No. 2 for the above ~entioned sum was paid to Smith & Gtllespie as a final payment, being made on September 23, 1947. The City now has in its file complete plans and specifications ~o cover conStruc- tion of a complete sewerage and sewerage disposal plant for the City of Delray Beach, without cost to the Taxpayers. This Federal advance of $24,500. was made for that speci- fic purpose and these funds could be used for no other purpose. Under the terms of this advance~ this does not stand as a debt ag~_~.~t the City, and the City agrees only to repay this grant, if and when, during the next five years, the City should place this project under construction in which the plans and specifications are used for the work. Mayor DeWitt f~rther explained that the money was appropriated by the Federal Government for the preparation of a complete set of plans for a sewerage system and disposal plant, to be paid for by the Federal Government, the money to be used for only Engineer's fees. The City had nothing to do with it, and had no choice in the way the money could be spent. If, at a later date these plans are used for this specific purpose, the City will be obligated to repay this amount to the Government. The project was part of a program authorized by an Act of Congress, and many Cities throughout the Country availed themselves of the opportunity to have such a survey made for use in the future. City Manager Edmond was authorized to give the foregoing date newspaper publicity to straighten out and clarify this point, stressing the fact that the plans are on file with the City and are open to the public for th~ inspection. An application for a license to sell beer at The Coffee Cup, located at 620 South Federal Highway, James A. Blake and Thomas A. Haley, applicants, was presented for the approval of the Council. No action was taken, pending the filing of letters of ref- erence by the applicants. An application for license to sell beer and wine inpackages only, after 4 P.M. ca week-days and all day Saturday, at ~6 East Atlantic Avenue, filed by Ben N. Wilson, was presented for approval. After consideration, a motion was made by Councilman White, seconded by Counci~w~ Butler, unanimously carried, that a limited license he granted at this locatie~, e~ plying with ~ City Ordinance controlling the sale of beer and wine in proximity to a school. NOVEMBER 25TH, 1947 The Clerk presented a letter from Mrs. George. R. White with reference to injuries sustained i~ a fall on a City Street, a~d same was read in full as follows: · November 20, 1947 City of Delray Beach Delray Beach Florida Gentlemen: This is to advAse that I have sustained iajuriee to both ~ees and nose, which i~rred during a fall on S. E. 2nd Avenue. I was w~l~{-8 west on Atlantic Avenu~ and as ! was ~rossi~g the S. E. 2nd Avenue intersecti~ ! turned m~ aakle i~ one of the ma~y holes i~ the street and fell to the ground. I had b~th my ar~s fall ~ pack- ages. Mrs. Alex simon brought me to the City Hall and she witnessed the accident. The Reiss boy picked me up and brought my packages to the paint sh~p. ! was also assisted by a colored, woman, whose marne is unknown to me. I went to Dr. Davis' office for medical aid, but the doctor was not in and from there I came directly to the City Hall. I have turned my ankle at this place before, but was able to regain my balance. I know this is a bad s~retch of pavement and have been careful. This street has been im bad repair for s~e time. Very truly yours, (Sig~ed) Caroline K. White Mrs. ~eorge R. White The Clerk was instructed to advise Mrs. White that theCouncil regretted that she had been i~Jured; that the s~reets had been e~t~uously patched, but due to re~ent weather conditiens it b~d been impossible to keep them in repair at all times. The follo~ letter from Mrs. L. F. Raison, asking the privilege of using the reoreationm~ i~ the U.S.O. ~ every Momday evening for holding the Delray Beach Bridge Tournaments was read~ ° "Nov. 24, '47 City Council Delray Beach, Fla.~ Dear sirs: We would like to plaee our applicatien for the use of the U. S. O. r~creation roc~ on each Monday evening of the week, if it can be so arranged, for the Delray Beach Bridge Tournaments. We are affiliated with the American Bridge League and the t~ ments are open to the public. Hoping to hear favorable frc~ you, we remain Yours respectively, Mrs. L. F. Ranson Signed Mrs. C. N. Jolmsc~ . The Clerk was instructed to advise Mrs. Ranson that no plans could be made f~ the use of the U.S.O. building until it is officially returned to the City. Proof of the publication of a notice to property owners calling a hearing for ob- Jectic~s to proposed street improvement work on Gleason Street, between Ingraham and Shulson Streets, was presented and read, as follows'. "NOTICE Ail persons who may be interested in the proposed improvement work on that portion of Gleason Street from Ingrab-~ Street to Schulson Street in the City of Delray Beach, Florida, are hereby notified that the City Couhcil of the City of Delray Beach, Florida~ has deterred-ed that it is necessary for said improvements to be made accordS-8 to the plans and specifications on file in the office of the City Engineer and that it is re- beed that said improvements be so made. The City Council will sit at the Council- rs iu the City Hall of the' City of Delray Beach, Florida, at 7:30 p.m. on the 25th day of November, 1947, f~r the purpose of hearth8 objections to said proposed improve- ment~e City of Delray Beach, Florida. By Ruth R. Smith, City Clerk November 7,14,21. ~ ~AFFIDAVIT ~ PUBLICATION DEIRAY BEACH NE~S Published Week/~ De]ray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PAIR BEACH Before the undersigned authority personally appeared C, A, .Lawrence who ca oath says that J~_is ~er 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 L~gal No. tic~ in the matter of im~revement work in the Court, was pub- lished in said newspaper in the issues of Nov, 7,1~,21.1947. 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 Friday and has been entered as second, class mail matter at the post office in Delray Beach, in said Palm Beach ~ounty, Florida, for a period of one year next preceding the first pub- lication of the attached copy of advertisement; and affiant further says that h~ .has neither paid nor promised any person, firm or corporation any discount, rebate, c~muis- sion or refund for the purpose of securing this advertisement for the publication in the said newspaper. (Signed) C. A. Lawrence. Sworn to and subscribed before me this 24 day of November . A. D. 19 47 . Signed _Haxel V, Snow Notary Public, State of Florida at Large My commission expires Febryary 4, 1949. Bonded by American Surety Co. of N. ¥. " NOVE~ 25TH, 1947 No objections having been received in response to the f~regoing notice, the follow- ing Resolution was then introduced and read in full: "RESOLUTION NO. 639 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEIP~AY~ BEACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH THE GRADING AND PAVING OF GLEASON STREET FR(I~ INGRAHAM STREE~ TO SCHULSON STREET. WHEREAS the City Council of the City of Delray Beach, Florida, has heretofore determined that it was for the best interest of the City that Gleason Street be graded and paved from Ingraham Street to Schulson Street to a width of 32 feet and WHEREAS the City Council advertised that it would hear any objection to such pro- posed improvement work at its regular meeting on November 25, 1947, a~ WHEREAS no objections have been made to the Council concerning such improvement work. NOW, THEREFORE BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that the City M,n-ger be and he is hereby instructed to proceed with the grading and paving of Gleason Street from Ingraham Street to Schulson Street to a width of 32 feet according to the plans and specifications on file in the City Manager' s office. AD(P~ by the City Council of the City of Delray Beach, Florida, on this the 25th day of November, 1947. (Si~ned) M.M. DeWitt President, City Council Approved: (Si~ned) ~. M. De~W!tt May~r Attest: (Si~ed) Ruth R. Smith City Clerk A motion was made by Counci/man White, seconded by 0ouncilman McNeece, that the foregoing Resolution No. 639 be passed and adopted as read, and upon call of roll the motion carried unanimously. In response to a request by the City Manager for bids for furnishing one 100 Horsepower Fairway Tractor - Dual Wheels on rear - Rear tires 7:50 x 16; Front Tires 5:50 x 16 - Worthington "0bier" or equal, for use on the .Golf Course, the following bids were received: Is!-nd Landscape Co. 1100 Southern Boulevard West Palm Beach, ~loriSa l~et To~tl Price - $ 1,570.00 De/ray Beach, Motors Delray Beach, Florida U~able to furnish NOV~tER 25T~, 1947 Delray Service Garage Delray Beach, Florida Ca, not furnish Upon motion of Counci]m~u White, seconded by Councilm~ McNeece, unanimously carried, the bid of Island Landscape Co. of West Palm Beach was accepted, in the amount cf $1~570.00, for furnishing the above described equipment. The following letter from City Attorney Nowlin, with reference to the purchase of Lot 20 in Section 20 at the Trustee's sale, was read and ordered filed. "November 14, 1947 Mr. H. P. Edmonds, City Manager City of Delray Beach Florida. De~r Mr. Edmonds: I purchased Lot 20 in Section 20, Tewnship 46S, Range 43 East for the City of Delray Beach at the Trustees' sale which was held this morning at West Palm Beach. The amount of the bid which I made for the City was $70.00. There were several persons at the sale claiming to represent the former owners of the property and I told all of them that I had no authority to co~it the city to a resale of this property as the city desired it for municipal pur- poses. I advised the, however, that they could take the matter up with you if they so desired. As soon as the deed has been returned from the recorder's office I will forward it to you together with a .s .tatement of ~y fee and cost in this transaction. Very truly yours, (Signed) J. W. Nowlin J. W. Nowlin In a motion made by Counci]m~n Butler, seconded by Councilm~ McNeece, unanimously carried, bills totaling $14,236.05 were approved for payment, subject to the approval of the Finance Committee. Mr. John S~its, Manager of the Zeder Camp, addressed the Council with refer- ence to s~ne proposed improvement work he contemplated doing, stating that the Building Inspector had refused to issue a permit for the work. Mr. H. B. Adams, Building Inspector, explained that Mr. Smits had applied for a permit to install a shower a~d lavatory in one of the cabins, which would increase the value of the property, and would not meet the provisions of the Building Code. No action was taken on the request. Mr. Smits was referred to the Florida Power & Light Co. with reference to his request for improving the lighting facilities in the Camp. Counc~!m~- Butler reported that he had received complaints regarding the lights en the Municipal Docks, stating teat the bulbs had been broken or the lights had been turned off. The City Manager was requested to check and make the necessary repairs to furnish lights at this locatien. NOV~ER 25T~, 1947 Tn a motion made by Counct~-~n McNeece, seconded by Councilman Smith, unanimous- ly carried, the annual donation to the High School Band of $600.00 was authorised to be paid. Councilman Butler advised the Council that Mr W. A. Gill, owner of Lots 4 and 12, Block 46, would like to purchase Lots 3 and 11 from the City, which lots lie ~ust north of his property. City Attorney No. lin recommended that a m/nimum price Be placed on the lots, and that the City advertise for bids at a price above the figure established. The following letter from Postmaster LeRoy E. Diggans ~as read: "UNITED STATES POST OFFICE Delray Beach, Fla., November 25, 1947 Hon. Mayor and Council~ Delray Beach, Fla. Gentlemen: T B~ve repeatedly requested that MAILING AD. DRESSE~ be placed on all water bills ~m~.ating from your. office. During the Christmas season, and probably on into the winter tourist season it will not be possible for the Post Office to deliver mail to houses unless the number appears and address is placed thereon, nor to post office boxes without delay unless the number appears.. I am sure this can be understood and do hope that an effort, even though belated, may be made to secure the correct mail4-~ address of each person receiving a bill. We have one of two choices. Either all insufficiently addressed mail may be placed in General Deliver, or returned to the city office where you patrons may call for their bill and pay it at that time. Your cooperation in this matter will be greatly appreciated. Very truly yours, (Signed) LeRoy E. Diggans, LeRoy Diggans, Pos+.m~ster." The Clerk was instructed to advise Mr. Diggans that the City was endeavoring to cooperate with the Post Office in securing correct mailing addresses for their clients, and as a further effort notices would be inserted in water bills being mailed out this month, asking that correct mailing addressed be furnished this department. cOUncilman Butler presented a petition signed by five property owners resid- ing on Seabreeze Avenue, with reference to the raising of Seabreeze Avenue to prevent the flooding of this Street, the petition reading as follows: "PETITI~ TO THE MAYC~ AND ME~ OF THE CITY COUNCIL DEI~AY BEACH, FLORIDA NOVEMBER 25TH, 1947 The undersigned property owners residing on Seabreeze Avenue, Delray Beach, Florida, desire to m~ke the following presentation: That Seabreeze Avenue, from the residence of A. B. Gawler North to the end of said street, is so iow that water stands on the street for frequent and prolonged periods of time; That this condition which has existed and continued for a number of years, makes it impossible to keep said portion of Seabreeze Avenue repaired, and the pavement is full of holes which further retain the water and constitute a traffic menace; and, That said water creates a damp, unsanitary and unsightly condition which seriously affects the comfort, convenience and welfare of the adjacent property owners, detracts from the value of said property and precludes their full enjoyment of same. Therefore, your petitioners respectfully and earnestly request: That the Mayor and the City Council authorize and instruct the City Manager to have said portion of Seabreeze Avenue raised, to alevel which will permanently and effectively correct and el~m~--te the conditions hereindeseribed; and, That such corrective action be taken at an early date. It is further submitted that your petitioners are willing to bear their propor- tionate and reasonable shares of the cost of this much needed improvement. Dated this . ~ day of November, A. D. 1947.- R. K. Banti~g T. B. Th~ne~ Charles A. 0fane /si :Zce 'lem . A letter from Gracey Brothers, as Agents for Mr. Alfred B. C~wler, also a property owner on this Street, was read as follows: "November 5, 1947 Mr. Charles A. Crane Delray Beach Florida Dear Mr. Orane~ ' Mr. Alfred B. Gawler has requested that we communicate with you in regard to the petition, addressed %o the Mayor and members of the City Council, Delray Beach, and signed by a number of property owners on Seabreeze Avenue, this in connection with the raising of the level of Seabreeze Avenue. Mr. Gawler wishes us to say that he is, of course, sympathetie with any movement which would improve the condition of property on Seabreeze Avenue, but he would like additional information in regard to the proposed move before he makes a definite de- cision in regard to his cooperation. He would like to lmow the level to which Sea- breeze Avenue would be raised and also where the work would begin. The petition states that it would begin "from the residen~ of Alfred B. Gawler". Does this mea~ NOVEMBE~ 25TH, 1947 the southern or northern point of Mr. ~awler's property. In order to secure the above information, it might be necessary to have some engineering work done, but no doubt the City Engineer would be glad to do this. If ~ you will be kind enough to let us have such additional information as you can give to Mr. Gawler, it would be appreciated. Y~ars very truly,. GRACEY BROS., Agents for Alfred B. Gawler (Signed) By F. P. Oracey F. P. Gracey After discussion by the Council a motion was made by Councf~m~n McNeece, seconded by Councilman Butler, that the City Manager be authorized to ms&e a survey of the condition of Seabreeze Avenue, and ,~ke his recommendations for correction of the flooding of the Street, together with an estimate of the cost of the improvement work, to the City Council at a later meeting. The following Election Board was appointed to serve at the General Election to be held on Tuesday, December 2nd, 1947, to be ~aid $8.00 for the day's services, which amount would include meals. Clerk B.F. Sundy Inspectors King S. Cone W. A. Jacobs L. F. Ranson Council then adjourned. City Clerk APPROm~