Loading...
12-09-47 DEUEMB~ 9TH, 1947 Regular 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. ~. I~owlin, and the following Councilmen pre- sent: B. C. Butler, F. B. Mcl~eece, J. B. Smith and C. J. White, a quorum being present. A letter from the Seaboard Air Line Railroad Company with reference to the emergency Ordinamce recently passed, limiting the speed of trs. ins through the City, was read as follows: "Jacksonvill, Fla., December 6, 1947 E-1023 Mr. H. P. Edmond, City Manager Delray Beach, Florida Dear Sir: On November 26th., we received most surprising advice fr~m your City when your emergency ordinance, No. G-37, was handed to me. The restructions placed upon our train operations through Delray Beach by this ordinance is a severe blow to the on time and scheduled operation of our fast freight and passenger trains. Knowing that all tho dealings that we have had with the City Management of Delray Beach up to this time had been most pleasant and that we had never failed to reach a m~tual understanding of the problems confronting us, I felt sure that something had gone wrong and I immediately contacted Mr. Meares, our Trainmaster in that territory, and had him call upon you to find out whether or not the SAL had in any way provoked this action. Mr. Meares advised me that your City Management had no complaints against the Seaboard Air Line Railroad, but that you were forced to take such action be- cause of the action or attitude of the FEC Railroad. Your action, under the circumstances, is understandable. However, being the innocent bystander it is natural that we would voice objection to the restrictions of this order. Instructions were placed with our crews and other employees promptly upon receipt of your ordinance instructing them to comply literally with instructions contained therein and we have no intention of contesting the action. Hovever, since the City does not appear to have any specific complaint against the SAL Railroad, and the speed restrictions imposed by your order were intended principally for the FEC Railroad, 'I ask that you reconsider your action and favor the Seaboard Air Izlne Railroad by recalling or modifying the ordinance so as to permit operation of SAL Railroad trains as was done prior to November 26th. It is our earnest desire to give the very best possible service and we wish in every way to serve Delray Beach well. Removal of the restrictions contained in your ordinance will permit giving better service not only to Delray Beach but the entire territory. I firmly believe that m~ request is f~r and reasonable and be- lieve that after you have given the matter due consideration that you will give us a favorable reply. Sincerely yours, (Signed) J. N. Broet~_~ 1-1" Superintendent DECEMBER 9TH, 1947 It was the consensus of opinion of the Council that any action the City would take to relieve the Seaboard Air Lihe Railroad would weaken its position with the Florida East Coast Railway Co., and the Clerk was instructed to advise Mr. Broetz- mann, Superintendent of the Seaboard Air Line Railroad Co. that even though the Council felt that they had always cooperated with the City in any way possible, under the circumstances nothing could be done for them at the present time, but that as soon as the City can obtain the protection for the people of Delray Beach that they are entitled to, the Emergency Ordinance will be repealed. A telegram received by City Manager Edmond from the Federal Works Agency was then read.~Nr. ~Edmond stated that he had had no previous advice that they wanted this information, but that he would prepare the figures and estimates and have them ready by the time stated in the telegram, namely Wednesday noon, December 10th. A letter from Smith & Gillespie, Engineers, with reference to the acquiring of the Army Sewage Plant at Boca Raton, was read as follows, and ordered filed with the data concerning the Sanitary. Sewerage Survey Fla. - P-117. "December 4, 1947 Mr. H. P. Edmond City Manager Delray Beach, Florida Dear Horace: We have been giving some thought to the matter which you mentioned to Austin Burleigh about the possibility of the City acquiring the Arm~ sewage plant at Boca Raton and using it to treat the municipal sewage from Delray Beach. The treatment plant which we have designed for Delray Beach is based on 1 MGD flow, or equivalent to 10,000 population. Until sewer extensions are effected and the City experiences further growth, the actual sewage flow will, of course, be considerably less than this figure except during storm periods when you have exces- sive flows because of ground water infiltration. It is felt, however, that the pipe lines should be sized to take care of the ultimate flows and in considering the possibility of using the Boca Raton plant it would follow that pipe line for this purpose should be designed to accommodate 1 MGD flow. The pipe line from Delray Beach to Boca Raton will, of course, have to be a pressure sewer and we have given consideration to pumping the Sewage with one station at Delray Beach and a long pipe line, but we feel that this will not be practical, both because of the head involved, as well as the size of pipe required. The velocity in the pipe in order to keep the head within economic limits would be so low that the Sewage would be extremely septic before it reaches the Boca Raton plant. Consequently, it would appear in a preliminary way that to utilize the Boca Raton plant would require an expenditure of approximately $1,000 additional to Lift Station No. 1 as designed in order to provide pumps of higher head capacity, and that a booster station would be required along the line at a cost estimated at $21,0OO. From the County maps we estimate that appro~m~tely 43,700 feet of 14-inch pressure sewer would be required and this is estimated to cost $349,600. m~_~_king an estimated total capital expenditure to get the gewage to Boca Raton of ~371,600. If this scheme is followed, .there will be about $24,000 of pressure sewer now planned to reach the plant at Delray Beach which will be eliminated, leaving the comparative net cost of the original Boca Raton plant $347,600. Based on a 25 pewer rate, the operational cost of such a scheme is estimated to approximate $15,00 per day based on a 1 MGD flow. DECEMBER 9TH, 1947 According to the cost estimates of the work we have designed the treatment plant and outfall is est~ted to cost approximately $250,000, and the pumping cost from lift station .No. 1 to be plant on a 2~ rate is estimated at appr~c~i- mately $5.20 per day based on a 1 MGD flow. From this it would appear that utilization of the Boca Raton plant if it has adequate capacity and if it could be acquired at no cost to the City would be more expensive in original investment and more expensive in operation costs. These figures are very preliminary and approximate, and if it were desired to design the system for a smaller flow the pipe size would be reduced and the cost would be less. However, if a smaller plant capacity would be adequate, there would be a corresponding reduction in the cost of the plant and facilities to be built at Delray Beach in order to have both ideas on a comparable basis. In addition to cost figures the problems attendant on such a scheme are such that it would not seem to be advisable even if the cost were the same. In order to keep pumping heads iow the flow velocity in the pipe m~st be kept Iow and at a slow velocity the sewage would be unus,,mlly septic by the time it passed through the long pipe line to an extent that the treatment problem at the plant would be increased, since the B.O.D. of the sewage received at the plant would probably be higher than the capacity of the plant on the basis it ~s designed. In addition to this the long pipe line would involve maintem2nce problems, servicing in the case of breaks, etc. This is for your preliminary information and consideration and we, of course, will be glad to go into the matter further and make such refined estimates as you feel desirable, but our preliminary consideration indicates to us that there will be nothing gained by making a more detailed study of the proposition. I am now expecting to be in Delray Beach sometime next week and look forward to seeing you and discussing this matter with you. Wit~ kind regards, Yours very truly, SMITH AND (Signed) Wylie W. Gillespie Wylie W. Gillespie WWG:v" A letter from Mr. L. D. Lanier, offering to sell 20 acres of muck ~land to the City, was then read as follows: "December 4, 1947 City of Delray Beach De,ray Beach, Fla. Dear Sirs: I was talking to Mr. Edmonds in regard to 20 acres of land that is located on Germ~__ntown Road about 3~ miles from Delray Beach. This land has the best grade of muck on it that is in this locality and is only one mile from the City Golf Course. I propose to sell this land for $100.00 per acres with the return of the land to me when the muck is removed, or the muck rights for $2,000.00. DECEMBER 9TH, 1947 I have also on mV property, located on M~litary Trail Just south of Germ-ntown Road, 32 nice royal palm trees %ha% I propose %o sell %o the City for $25,00 each. Hoping this will meet with your approval, Yours very truly (Signed) L. D. Lanier" The Clerk was instructed to advise Mr. Lanier that the City could not use the land or the muck rights at the present time; however, it was possible that muck could be used on the beach beautification project at a later date, or in connection with the extension of the Golf Course. A letter from Mr. Samuel Ogren, regarding restructions in the Zoning Ordinance governing the construction of walls, was read as follows: "December 4, 1947 City Council Delray Beach Florida Gentlemen: My client, Mr. F. W. Leistikow, wants to enclose his clothes hang~n8 yard beside his garage and laundry on the north side of the house. The length of the proposed wall is 37' and is being built on the north property line. In order that clothes hanging in this yard may not be seen by neighbors it is necessary that the wall be. built to a heighth of 6'. The zoning code permits a wall to the heighth of 6'. The~trouble is though that it says further that such wall, in order to avoid obstruction of a free flow of air to amy adjoining building, shall not obtain a heighth of more than 6' for a continuous length of more than 20' a~d an open space of at least 20' shall be provided before such wall can be continued for another 20'. Now, this is all quite confusing. The building inspector interprets it to mean that the wall shall not be over 6' feet high but for a distance of 20' it shall be furthermore lowered to 4'. Whatever the interpretation of the above is, Mr. Leistikow simply asks for a wall 37' along the north property line, 6' high. He furthermore agrees that when a house is built next door to him and the owner so desires, he will tear down any part or all of it. Yours very truly, (~igned) Samuel Ogren Samuel 0gren The City Attorney, after checking with the Zoning Ordinance, advised the Council that if a wall was not built over 6' high it could be built any length, providing set- back requirements were complied with. An application for license to sell beer and wine at the Seagate Cabana Club, filed by Henry A. Helm, was approved, subject to the filing of the required letters of referen~ by Mr. Helm. DECEMBER 9TH, 1947 Mrs. Helm, be~ng in the audience, requested that the Liquor Zoning Ordinance be amended to allow the granting of a Commercial Liquor License at this location, it being understood that only a Private Club would be operated, althougk a Club license will not be granted by the State Beverage Department until a Commerdt-al license has been in force for at least two years. City Attorney Nowlin was instructed to prepare such an amendment to the Liquor zoning Ordinance to allow the granting of a commercial liquor license to the Sea- gate Cabana Club. The request of Tressie Lee Nelson for the approval of a license to operate a Beauty Parlor from her home at 125 N. W. 3rd Avenue was denied, as a business can- not be operated in this Residential District. A letter from Mrs. Dove McKee, owner of the N 52' of the S122' of the W 143' of Block 120, on the South Federal Highway, complaining of the unsanitary and disorderly condition of the property of one of her neighbors, was read ,~ and referred to the City M-.Bsger for investigation: Mr. A. R. Sylvester, a resident of Nassau Street, addressed the Council~ again complaing of the drainage of Nassau Street, stating that the temporary ditch to drain the water off of Nassau Street had again been blocked by construction work in the Reid development, asking that some provision be made for drainage of this area before another heavy rain. Mr. Sylvester was assured that provision would be made to take care of the drainage of this Street pending the installation of a permanent pipe line to con- neet with the storm sewer line in Shulson Street. Mrs. H. A. Helm advised the Council tkg__t on February 27, 1945, she paid the City $160.00 for deposits on two 2" meters of $30.00 each, and tapping charges of $50.00 each on the two meters. Mrs. Helm stated that the meters had been returned to the City, and asked that the meter desposits be refunde~ to her. The City Manager was instructed to check the City records and determine the status of this account. In a motion made by Councilman McNeece, seconded by Couhcilman Smith, unani- mously carried, bills totaling $19,563.57 were ordered paid subject to the approval of the Finance Committee. The following Resolutions, executed by property owners on Ocean Blvd.,agree- ing to accept the west right-of-way line of Ocean Blvd. designated and known as the Brockway Survey Line, were presented, and after approval by the City Attorney, were read in full as follows: "CITY OF DELRAY BEACH, FLORIDA ESOLUTION NO. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEIRAY BEACh, FLORIDA, LOCATING THE WEST RIGHT OF WAY LINE OF THE OCEAN BOULEVARD, ABANDONING ANY PROTION OF THE OCEAN BOULEVARD LYING WEST THEREOF AND PROVIDING FOR THE CONSTRUCTION OF CERTAIN STREET IMPROVEMENTS. WHEREAS, for many years there has been considerable uncertainty as to the exact location of the west right-of-way line of the Ocean Road, 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 DECEMBER 7IH, 197+7 WHEREAS, a line to serve in the place of the west boundary line of the Ocean Boule- yard in Fractional Section 16, Township 46 South, Range 43 East and commonly known as the Brockway Survey Line has heretofore been established according to plat thereof on file in Plat Book 20 at page 4 of the public records of Palm Beach County, 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 Beach now desires to proceed with certain street repairs and new street and sidewalk construction on the Ocean Boulevard and desires to definitely establish the location of the west right-of-way line of such Ocean Boulevard before such construction is commenced NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, as foll~s~ SECTION 1. That the City of Delray Beach hereby accepts and designates the above described line known as the Brockway Survey Line as shown on that certain plat on file in Plat Book 20 at page 4 of the Public Records of Palm Beach County, Florida, as being the west right-of-way line of the Ocean Road or OceaD, Boulevard as shown on the plat of the fractional East half of Section 16, Township 46 °outh, Range 43 East, recorded in Plat Book 1, at page 25 of the Public Records of Palm Beach County, Florida, insofar as the same affects the property hereinafter described. SECTION 2. TEat the City of Delray Beach hereby abandons and vacates all of that portion of the Ocean Road or Ocean Boulevard as per plat recorded in Plat Book 1 at page 25 of the public records of Palm Beach County, Florida, located in the hereinafter des- cribed property and lying west of the Brockway Survey Line as shown in t_he plat thereof recorded in Plat Book 20 at page 4 of the public records of Palm Beach County, Florida. SECTION 3. That in consideration of the relinquishment of 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, provement and construction work to be done during the years 1947 and 1948. SECTION 4. This Resolution shall become effective upon the proper acceptance thereof by the owner of the hereinafter described property, which acceptance shall be signified by the execution of the attached consent and release. SECTION 5. The property affected by this Resolution is: The east 23.5 feet of Lot 17 and all of lots 18 and 19, Nassau Park, in Fractional Section 16, Township 46 South, Range 43 E~st, Delray Beach, Palm Beach County, Florida. PASSED in Regular Session on this the 9 day of December , 1947. [Si~ned) M. M. DeWitt President, City Council SEAL Approved.. ATTEST.- ~$~gned} M, M. DeWitt (sI mD) Ruth R, City Clerk For and in consideration of the abandonment by the City of Delray Beach of that property described in Section 2 of the foregoing R~solution and in 2zrther consideration of the agreement of the City of Delray Be~ch to make no special assessments for benefits against the above described property for street improve- ments 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 sidewalk 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: (Si~ne~) F, P, Grace7 (Si~ned) Maramret ~ Losee (SEAL) (si ed) R. B. ra ey .,. Si ned) Enza W. Fu ms (Signed) Edward Fuchs STATE OF FLORIDA OF, PALM I HEREBY CERTIFY that~on this day before me personally appeared Margaret Losee, Eliza A. Fuc~. & Edwar~ Fuchs to me known to be ~he persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the same. WITNESS my hand and official seal at D.etgay Beach, Florida on this the 9th day of December, 194~ (Si~med) D~rris ML Murra.v Notary Public, State of FlOrida at Large SEAL My commission expires November 2, 1951. Bonded by Mass. Bonding & Insurance Co. In a motion made by Councilman Butler, seconded by Councilman McNeece, uani- mously carried, the foregoing Resolution No. 642 was passed and adopted as read. "CITY OF DELRAY BEACH, FLORIDA RESOLTUION NO. 6Z3 · (See Resolution No. 642 through Section 4.) SECTION 5. The property affected by this Resolution is: Lots 4 and 5, Block 1, Ocean Park, in Fractional Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. PASSED in Regular Session on this the . 9 day of Decembe~ , 1947. ~Signed) M. M. DeWStt President, City Council. ATTEST: Approved: (Siamed) Ruth R,. Smith SEAL City Clerk " (Si~ned) M. M. DeWitt _ Mayor. DEO~BE~ 9TH, 1947 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 considera- tion of the agreement of the City of Delr~y Beach to make no special assessments for benefits against the above described property for street improvement work on the Ocean Boulevard during the 1947-1948 construction program, the undersigned owners hereby ac- cept the above Resolution and hereby remise, release and quit-claim to the City of Delray Beach, Florida, for use as a public street and sidewalk all of that portion of the above described property as set out in Section 5 of this R solution, 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: (Si~ned) T~eresa O'Leary (Si~ned) _M~rgueri.te H. O'D~nell(SEAL) .......... STATE OF Florida COUNTY OF ? Pal~7~Beaeh I HEREBY CERTIFY that on this day before me personally appeared .... Margaret H, O'Donnell 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 my hand and off ica1 seal at ..Palm Beach . on this the 6th day of November 194,,. 7 · ~Si~ned) Al~..red R, Peebles Notary Public MY commission expires: SEAL" A motion was made by Councilman Butler, seconded by Councilman McNeece, that the fore- going Resolution No. 6~ be passe~ and adopted as read, and upon call of roll motion carried u~nimously. "CITY OF DEIRAY BEACH, FLORIDA RESOLUTION NO. 644 (See Resolution No. 642 through Section 4.) "SECTION 5. The property affected by this Resolution is: Ocean Beach Lots "North": The north 60 feet of the South 65.5 feet of Ocean Beach Lot 7, in Fractional Section 16, Township 46 South, Range 43 East, Delray Beach, Palm Beach County, Florida. PASSED in Regular Session on this the ~ day of December ~z , 1947. (Si~ned) M. M. DeWitt President, City Council ATTEST: Approved: (Signed) Ruth R, Smith ($i~ned) 0ity Clerk Mayor DECEMBER 9TH, 1947 For and in consideration of the abandonment by the City of Delray Beach of that property described in Section 2 of the foregoing Resolution and in further consideration of the agreement of the City of Delray Beach to make no special assessments for benefits against the above described property for street improve- ment work on the Ocean Boulevard during the 1947-1948 construction program, the undersigned owners hereby accept the above Resolution and hereby remise, release and quit-claim to the City of Delray Beach, Florida, for use as a public street and sidewalk all of that portion of the above described property as set out in Section 5 of this ReSolution, which may be located east of the Brockway Survey Line as shown in Plat Book 20, page 4 of the 'public records of Palm Beach County, Florida. ~Si~ned) Rachel Puckett ~Si~nedI Edwin Jowett (SEAL! (,Signed) Alice Deaderick (Signed.) Florence Jolt (~EAL~ STATE OF FLORIDA COUNTY OF PALM BEACH I HEREBY CERTIFY that on this day before me personally appeared Edwin and Florence Jewett to me known to be the persons described in and who executed the foregoing instrument and they acknowledged before me that they executed the S~lee WITNESS m~ hand and official seal at Delray Beach on this the 8 day of D~ecember 194 7 .. ($i~ned) R, Bruce Puckett Notary Public, SSate of Florida at Large SEAL My commission expires June 6, 1951 Bonded by American Surety Co. of N.Y? A motion was made by Councilman Butler, seconded by Councilman McNeece, that the foregoing Resolution No. 644 be passed and adopted as read, and upon call of roll the motion carried unanimously. The following Resolution was then presented and read in full: "RESOLUTION NO. ~5 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING WITHDRAWALS OF FUNDS FR~ THE FIRST NATIONAL BANK OF DELRAY BEACH, FLORIDA, UPON THE SIGNATURES OF C~2~TAIN AUTHORIZED OFFICERS. BE IT RESOLVED by the City Council of the City of Delray Beach, Florida as follows: SECTION 1. That any money of the City of Delray Beach which may be despoited in any account in the First National Bank of Delray Beach may be w~thdrawn upon checks or vouchers signed by the City Treasurer and counter-signed by the Mayor or the Vice-Mayor. DEC~ER 9TH, 1947 SECTION 2. That a certified copy of this Resolution be furnished the First National Bank of Delray Beach, together with the authorized signatures of the above named City officials. PASSED in Regular Session on this the ~ day of Dec~ber, 1947. (Signed) M, M, D..e. Witt President, City Council Approved: (signed) sEAL Attest: . (S ned) Ruth ,R, City Clerk A motion was made by Councilman Butler, seconded by COUnCilman McNeece, that the foregoing Resolution No. 645 be passed and adopted as read, and upon call of roll the motion carried unanimously. Council then adjourned. ~ ·City' Clerk APPROVED: