09-23-46 Regular
"
\
~
SEP'mIBER 23RD, 1946.
Regular meeting of the City Council of the City of DeJray Beach was held in
the Council Chambers at.7:3O P. ll. with lla1'or M. M. DeWitt in the Cha:ir, and
City lfanager H. P. Edmond, City Attormy J. W. Nowlin, aOO tl:l!l following Council-
lIIM present: B. C. Butler, F. B. McNeece, J. B. Smith aOO C. J. White, a quorum
being present. .
The minutes of the lIIl!leti~s of September 9th and 11th were presented for
approval. At the request of Mr. W. A. Jacobs the minutes of tl:l!l IIIl!l8ting of
September 9th were read in tull, after which the minutes of both Illleti~s were
approved as written.
Kr. W. A. Gill, Jr., representing the Veterans of Foreign Wars, addressed
tl:l!l Council, asking for a space in the City Park to erect a monument as a
memorial to those who have ~n the:ir lives in the service of the:ir Country.
It was proposed to erect the monument just east of the Shuffleboard Court two
hundred feet north of At1a.ntic Avenue, with a ten foot sidewalk leadl.ng to the
lIlD!1ument from Atl'antic Avenue.
Kr. Gill explained that the Veterans of Foreign Wars would build the monu-
ment itself, and turn it over to the City, but asked that the City lay the
sidewalk leadl.ng up to it.
lla1'orDeWitt stated that it would be an addition to the Park, and a fitting
tribute to thOBS who have served and died in all wars.
Atter discussion by the Council, a IlIOUon was made by Councilman JleNeece,
seconded by C.ouncilmsn White, that the Veterans of Foreign Wars be allowed to
erect a monument in the City Park as outlined by Mr. Gill, and upon call of roll
the IlIOtion carried unaniJllOusly.
%
,
(
l
j
,
I
Kr. H. B.Adams, Building illpector, presented the application of Mr. E. J.
Burke, for a permit to COllBtruct tIlo buildings on Lot 1, Block 115, on the Norllh
Federal Highway at Second Street, Q1e buildl.ng to be used for an office bun'Hng,
and one to be used for a residencfil. This being in a Special Bueil!l!lss Zone, and
Fire Zone No.2, Kr. BuIice' s plans lIOuld meet the requirellllnts of the Building
Code if constructed of concrete block instead of wooden construction, and 11' he
could provide for 7'7J square feet of floor space in the office building, and
$96 square feet ot floor space in tl:l!l residence.
Action was withheld unti"l the next regular meeting, in the meantime Kr.
Burke to be advised of tl:l!lse require_nts.
Kr. Adams presented the appllcation of Kr. O. D. Pr1est, Jr., for a pe1'lllit
to build a thirteen unit apartnent bIilding on Lots 8 8< 9, Block 116, on the
North Federal Highway, with sIBcs in the rear for parlting th:irteen cars. Mr.
Priest agreed to provide an alley through from Atlantic AvenlllB to his properlly
as an entrance to the parking sIBCS for his tenants. The construction to be of
concrete bloCk, and plans approved by the State Hote~ CoIIIIIission.
As all requirements of the Building Code were IIIl!lt in Kr. Priest's specifica-
tions, a motion was made by Councilman White, seconded':by Councilman Butler, thet
thepe1'lllit be granted, and upon call of roll the'lIIOtion carrled unaniJllOusly.
At; eight 0.' clock the following proofs of publication of notices Calling for
sealed tenders of l'lefunding Bonds were read, as fallows:
i:i.
f;
,S
~
Ii
'f.
$
;.:,
,':.l ..1.(1: . "",,, toe ~i:~ /:~;<:.
~
:')
~
'~).
Iii
SEPTPJm!:R 23RD, 1946.
Notice of Intention to purchase
CITY <F DEmAY BEACH, FLORIDA
Refund Bonds~ Isste of 1938,Ser1es "An
and/or
Refund Bonds, Isstll of 1940, Ser1e s "B"
The City Council of the City of DeJray Beach, Florida will receive sealed
tenders of Refunding Bonds, Series "A" &ai/or Series "B", in the amount or
approximat.E!1;y Thirty Thousand DolJars ($80,000.00) in its office in the City
Hall, Delray Bsach, Florida, at 8:00 P. ll~ Eastern Dayli@)lt Saving Time,
Ssptember 23rd, 1946.
All teOOers shall be sealed and offered f:irm. The City reserves the right
to rsject any and all teOOers.
Address: RUTH R.SMITH
City Treasurer
DeJray Beach, Florida
One bid having been received, same was opel!l!ld am read as follows:
"September 21, 1946.
Jliss Ruth R. Smith
City Treasurer
DeJray Beam, Florida.
Dear lladam:
Fol' t.he consideration of your Council at its meeting at 8 PM .September 23rd,
at whim tillll!l tsmers will be l'eceived for Series "A" and "B" Bonds, we w1eh
to make the following offering.
We offer you firm
$ 5,000 DEmAY BEACH, FLORIDA
Ser1e s A
Dated July 1, 1938
Due July 1, 1968
At 101.00 and interest.
If this offer is accepted please win us of your purchase on Septelliler 24th.
We would likewise apprecia te your sending us a list of bonds you purchase,
ani the priess paid.
BTR?RJ.
Very truly yours,
RYAN,SU'l'IIE1lLAR!) & CO.
B (SigMd) * T ll;van"
7 ....,' ;:-,.',' 'f'O'i-"'~'", .
i
\\
SEPmlBER 23RD, 1946.
A motion was made by Councilman Butler, ssconded by Councilman White,
that the foregoing offer of Ryan, Sutherland & Co. be rejected, and upon
call ot roll the IlIOtion carried uneniJllOusly.
A petition bear.1.ng one hundred fifty-nine signatures was presented and
read in full, as follows:
PETITION TO JlAYOR AND CITY
COUNCIL OF THE CITY CF DELRAY
BEArn, FLORIDA.
r -'-1
;1
We. the UlJiers1gnlld Citizens, Tax Paysrs and Voters of the Ciijr of DeJray
Beach, norida, do I:l!lreby petition your HonoraQle Body to call an election in
the City for the purpose of submitting to the qualified votere the qlllBstion as
to whether or not the $ 350,000.00 Revenue csrtificate bonds for expansion and
enlargement of the Water Plant and System should be validated and iss~ed. We
believe that you are asslDing entirely too much responsibility in voting these
Revenus Cerllificates without sutuitting the qusstion of their issuance to a
vote of the people.
We fUl'ther call to your attention tha.t at a mass lIIl!leting of till people of
Delray Beach, held in 1945, it was agreed, upon the recCllllleOOation of Smith and
Gillespie, your employed water eng!.llIIlers, that the improvellll!lnt of the present
Water Plant by an expenditure of approximately $ 125,000.00 would be sufficient
to gbe the people of the City ample water. It was fUl'ther agreed at that mseting
that if it was necessa17 to lay addltiotllll lilains, or make additional. impro'll!lIlnts
to the Water Plant, that such improvements 1IlOuld be paid for from year to year
out of tbs earnings of the Water Plant. We belie'll! this is the IlIOre businessllJ,ce
way in which to improve our Water Plant.
Respectfully sutuitted,
(Signed) 159 signatures"
~
!.
..
1'; .
Mr. J. W. Nowlin, City Attorl!l!lY, explainBd that our Charter does not pro-
videt;hat an election can be called by a petition of this kind. The State Law
provides that when the Oouncil has authorized cerllificates, if within thirty'
days a petition is presented, dgned by 2:l% of the qualit.l.ed vetere, an election
must be called.. This OrdI.nanca was passed on second and final reading on August
12th, ani the thirty day period has more than expired. The petition has not IIIOre
than 10% of the qualified voters signatures. The Council can not. be legally
required to call an election on tl:l!lse certificates. As the requirements of tl:l!l
State Law have been follOlred, the Council has the right; to go ahead and issue the
certificates. Kr. Nowlin furllher stated that any taxpaysr had the right to be
represented at the hear.1.ng to be held on October 15th tor the validation ot the
cerllificates, and to file a protest at that time.
A letter from Mr. H. S. Richardson was presented, aOO read in full as follows:
"DeJrsy Be,ach, Florida",
SepteDber 23, 1946.
\y
SEP'lEIBER 23RD, 1946.
J(e_rs of the City Council
DeJray ~acl:l, Florida
GentlBllln:
During the past week I signed a c:irculated petition which req1lllsted the
City Council to bring to a vote of the people of Delra:r Beach the question
of whether certain IlIOnies should be expended for waterworks improvellllnts, etc.
The matter was not fuJ..ly covered in the petition and aftsr going into it
and getting the facts, I doubt that fIf9" customers lIOuld.wish to wait' three or
four ~rs for the water to clear up in order to wash their clothes.
It is tl:l!lrefore requested that fIf9" name be stricken from this list.
Yours very truly
(Signed) H. S. Richardson"
r
lla1'or DeWitt then asled for protests from the audience, but none were
received.
Kr. Dewitt expJained that some of the statements in the petition 1lBre false.
The Englneers, Smith 8< GilleSpie, had thought that the improvelllnts made at the
plant would be sufficient, but ths City had been out of water twice this s_r,
and as tl:l!l tourist seaSOIl approaches requiring many IIIOre _ter connections, and
as tl:l!l town grOlfll, JIIOre buildl.ngs will be cCll1Btructed requi1ing water supply,
our present water plant will be hopelessly inadequats, ani 1lB will not be able
to wait far funds from tl:l!l operation of tl:l!l water plant to make extensions aai
additions. Ths Council has made a study of ths situation for many _ths, aOO
only two protests have ever been made to ths program as being carried out. 'l'Ile
Council realizes that tI:l!l City is growing, aOO it only has in mini cl:l!lcldng ~to
the future and gi~ the City an adequate supply of _ter that is clear ani'clean.
Yayor DeWitt further explained tlBt soma of the needed uaterials and eqUip-
ment were not available at the present time, but ths money would be invested in
gov!,rlllllnt bonds in the meantillll!l, and as our cerllificates were sold far Zf, the
City would not be loal.ng any interest paid on the cerllifillates.
Mr. W. A. Jacobs addressed tl:l!l Council, urgi.ng that the improvements and
additions to the water plant be made out of the reventle from the water plant
itself, from year to year, stating that suf'fic:lBnt extensions could be made to
keep up with the growth of the City.
t..,
It was the consensus of opinion of the Council that it should go ahead with
ths water works protlect aai tl:l!l validation of the bonds.
A motion was mlide by Councilman White, seconded by Councilman JleNeece, that
the petition be filed, and upon call of roll the JIIOtion carr:lBd 1lIlI'l'\imously.
The following COIlllll1.nication from Mr. John N. Kabler was presented, ani read
in full:
"September 23, 1946.
City Council
City of DelrayBe.ch
D~Jray: Beach, Florida
Dear Sira:
\7
SEP'1'm.lIER 23RD, 1946.
I hereby request that the City of Delray BeaCh issue a tEmporary penult
for the conetruction of a small office buildl.ng on Lots 6,7,8,9 and 10 in
Block 1 of Ocean Park Subdivision, Delray.
Such building is to conflrm with the plans sul:lldtted to the Building
InspBctor of Delray and to conform with the Building Code aai Fire Zol!l!l in
which it is located.
I ask for a temporary permit for a period of two years at which tims the
building is to be rlllloved at the option of the Council.
Yours very troly,
(Signed) John N. Kabler
John N. Kabler"
As tI:l!l propertiy is in a Local Buslress Zone, allowing the construction
of Hotels and Apirtments, it was considsred advisable to grant a pBl1IIit pro-
vidl.ng for the removal of the building at any time at the request of ths City
Council.
Upon motion of Councilman White, seconded by Councilman McNeece, the
pB1'IIIit was apjroved, aOO tre City Attornsy instructed to draw up an agreelllnt
providing for ths removal of the building at any time at the reqlllBst of the
City Council.
'!be following ordl.nancs was then presented fo'r first reading and same
was read in full:
AN ClIDlNANCE OF THE CITY COUNCIL
OF THE CITY CP DlWl.AY BEArn, FIDRIDA,
AlIENDING CERTAIN SECTIO~OP CHAP'mR
VIII OF THE CITY CroE CP DEmAY )mACH,
FLOOIDA.
A motion was made by Councilman White, seconded by Councilman Smith,.
that the foregoing ordinance be placed on it's f:irst readl.ng, and upon call
of roll the motion carried unaniJllOusly.
The Clerk was instructed to adverllise a heari.~ to be oalled on the abow
ordinance on October 14th, at which ti_ objections will be heard as to its
passage on second and final readl.ng.
Jlrs. G'race Slans We:ir addressed the Council with reference to obtaining a
protective IIlCllliq1; area to regulate the operation of bars and liquo'r wndl.ng
establishmBntil outside the City limits, to protect our 01lIl residents who pay
a liquor license to the City of Delray Beach.
Ths reqUllst was referred to the Planning Board far their recoJllllllndation as
to some f01'lll of liquor lIlaning outside of the CiW limits adjacent to our bOlmiaries.
The appUcation of E. B. Nichols and L. H. Brannon for a Ucense to sell
peer and Wine at 810 At1s,ntic Avenue, operating as Park Sundries, was presented.
This was for the "ll8Jfaloflice,nee f'ol'llllrly in thB name of Sabath's, InC.,1lOIf
under nBlf owpe'rt:i!~~.>
A llIOtiOJ1w8:s~4fl~~CelU1ci1man White, seconded by CounoAman Blltlel', that."
llllenst9be .J;>~ot~~.<:'~~i~1\iOncarr1edunaniJllOl!.sly.,
^:;..I-,
.";"'.":":"'\:
;~{:;:~;;&ri'1j~:~~:~/
,v<'
SEPTl!1mER 23RD, 1946.
A letter from tl:l!l DeJrsy Beach Civic League was presented aOO read as
fallows:
"September 23, lc;v.6.
City Council
DeJrsy Beach, Florida
Gentlemen:
In oUr efforts to allBviate the delinquency problem among Negro youths in
our Oity, to provide avenues through which a wholesome recreation ptogram for --1-
both youths aOO adults may be had, ani to provide a better balanced program for
the school children who daily use our playgrounds, we asked of and received the
promise from the Council that cerllain basic repaira and additions to our play-
ground would be made last ;year. Because of the increa.sed number of people who
nOlf use our playgrounds, the present poor condition of sallll and the increased
possibilities of an eVllll higher degree of delinquency, we tl:l!l members of the
Civic League, respectfully ask for the followillg:
1. Resurfacing of tennis-basketball courts.
2. FenCl.ng in of playing courts.
3. Lighting of p~g courts for night activities.
We are presently organized to have a supervised recreational program and
a drive is now on foot to get equipment. 'lhus we humbly beg your consideration
and respectfully urge your immediate action on this matter.
Yours resp'ctfully,
(Simed) L. L. YOUll.ll:blooli, President
(Sbned) Lula Baldwin
(Simsd) W.JI. Robinson
Mr. H. P. Edmnd, CiV Jlanager, was instrUcted to make a cl:l!lck and
determine exactly wlllt was meded, and report at tm next regular Council
meeting.
Secretary
Cbai1'alan
Recreation
Committee"
A representative of the Delray Beach Civic League addressed the COuncil,
asking the City to donate a lot to his organization where they could construct
an American Legion Hall where recteation might be provided for veterans and
the:ir families. "
lIsyor DeWitt statAld that i.. ".,Qld tallD a little time to dete1'llline what
properlly the City owned that wOuld be avallabla in that section, aOO if they
could, he knew of no reason why the Council would not grant this request.
'lhe follo1d.ng Re801ution _s presented by City Attorney J. W. Nowlin,
aai same _s read in full: "
\~
SEP'lEMBER 23RD, 1946.
RESOLUTION NO. 597
A RESOLUTION OF TIlE CITY COUNCIL CF THE CITY
OF DELRAY BEACH, FLORIDA, AUTHORIZING THE
EXECUTION CF APPLICATION FOR CERTAIN FEDERAL
GRANT FOR PAYlmNT OF PLANS FOR CERTAIN SEWER
FACILITIES AND AUTHORIZING EXECUTION OF CONTRACT
WITH SMITH AND GILlESPIE FOR PREPARATION OF SUCH
PLANS .
Upon motion of Counen"",1'\ Butler, secOnded by CouncUmsn White, unani-
mously carried, the foregoing Resolution No. 597 was passed and adopted as
read.
The fallowing Ordinance was then brought up for f:irst rea~, and sam
was read in full:
AN atDINANCE OF THE CITY COUNCIL CF THE CITY
OF DEmAY BEA,CH, FLORIDA, PROHmITING THE
ERECTION CF SHEET JlETAL COVERED BUILDINGS IN
ANY BUILDING DISTRICT OF THE CITY OF DELRAY
BEACH, FLORIDA, EXCEPT THE JlANUFACTURING AND
INDt19TRIAL DISTRICT.
A motion was made by Councilman Butler, seconded by Councilman McNeece,
that the foregoing Ordinance be placsd on f:irst reading, and upon call of
roll tl:l!l motion carried unanimously.
The following Ordinance' establishing Fire Zones #1, #2 and #3, was then
brought up for first reading, and BaJlll was. read in full:
AN ClIDINANCE OF TIlE CITY COUNCIL OF TIlE CITY
OF DELRAY BEArn, FWRIDA, DESIGNATING THE
TEIlRITORY TO BE INCLUDED IN FIRE ZONES I, II
AND III, AS PROVIDED BY SECTION 2, CHAPTER II
OF THE. CITY CooE OF DELRAY BEACH, FIDRIDA,
AND DIRECTING THAT SUCH PROPERTY BE DESIGNA'm'D
ON 'lHEFIRE ZONE llAP OF THE CITY OF DEmAY
BEACH,FIDRIDA.
A motion was made by Councilman White, seconded by CouncUmsn Smith,
that.the foregoing Ordinance be placed on its f:irst readl.ng, and upon call
of.rall the motion carried unanimously.
'!he following Ordinance was tbBn brought up for f:irst reading, and SllIIIl
was read in full:
AN ORI)INANCE OF TIlE CITY COUNCIL OF THE CITY
OF PEmAY BEACH, FWRIDA,PLACING. CERTAIN PROmTY
IN THE.$PECIAL HOTEL DISTRICT AS DJ!;SCRIBED UTIlE
ZONING ,l1{DINANCE OF THE CITY OF DEIRAY BEACH, FLORIDA.
,b
'"
SEPTl!l.IBER 23RD, 1946.
Mrs. Gracs S. Wait addressed the Council, protesting against the Change
in zoning restrictions to a Special Hotel District covering lots in Block 1,
Ocean Park Slbdivision, facing on Ocean Boulevard, stating that thsse lots
were too shallow to allow hotel construction which would meet the building
code requirements. Shs requested that thess lots be left. in a Local Busil!l!lss
Zone so that improvements might be made to the existing business structures.
Mr. J. N. Kabler also requested that the lots in this Block which face
Ocean Boulevard, be omitted from this proposed Ordinance, leaving them in their
present Business Zone.
The above Cllllplaints were referred to the Zoning Board for their recoDl1\enda-
tion to the Council.
,-f
Bills totaling $ 8,532.39, having been approved by the Finance Committee,
were ordered paid, :in a IIIOtion made by Councilmen JI~ece, seconded by Council-
man Smith, and unanimously carried.
The following Resolution was thsn presented by the City Manager, adopting
a budget for the 1946-1947 fiscal year for the Water System Revenue Account,
and same was read in full, as follows:
RmOLUTION NO. 595
A RmOLUTION OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, PAUl BEACH CDUNTY,
FLORIDA, ADOPTING ITS ANNUAL BUDGET OF
ES'l'DIADlD EXPENSES ANDRBVENUE OF THE WATER
S15TE1( REVENUE ACOOUNT AND ALI.OCATING AND
APPROPRIATING SAID COLLECTIONS THEREUNDER.
A motion was made by CouncUman White, seconded by Councilman Butler,
that the foregoing Resolution No. 595 be adopted as read, and upon call of
roll the IIIOtion carried unaniJllously.
The following Resolution adopting an annual General Burget of estimated
expenses for the fiscal year 1946-1947 was then presented by the City Jlanager,
and same was read in full, as foll.o1fs:
RESOLUTION NO. 596
A RmOLUTION BY THE CITY COUNCIL OF THE
CITY CF DElRAY BEACH, PAUl BEACH OOUN'l'Y,
FWRIDA. ADOPTING ITS ANNUAL BUDGET CF
ES'l'DIADlD EXPENSES FOR THE FISCAL lEAR 1946-1947,
AID IEVYING A TAX ON ALL PROPERTIES WITHIN '!'HI!:
CITY OF DEIRAY BEACH P'tR MAINTENANCE AND OPERA-
TION, AND IEVYIm A TAX FOR A PAlJIENT OF PRINCIPAL
AND INTEREST ON BOOED !NDEB'lm)NESS AGAINST THE
PROPERTY LOC.ATED IN '!HE F(RlIER crrY OFD~lRAY,
AND ALLOCATING AND APPROPRIATING SAID COLLECTIONS
'1'IJ$IlEUNDER.
~,
IT
SEP'I'Ii:UR'SR 23RD, 1946.
A motion was made by Councilman Butler that tbs foregoing Rssolution
No. 596, includ~ the break-downs and salary schedules as set forth in
the Resolution, be adopted. 'lhs motion was seconded by Councilman IlcNeece,
and upon call of roll carried unanimously.
Council then adjourned to a recess session to be held in the Council
Chambers at 7:~ P. JI., Tuesday, Ssptember 24th, 1946.
(C..A f'?A:"-: ,Q.
City Clerk
A~
lIayor
'.'
~'4:
,,: