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02-12-51/ FEBRU~hRY 12TH, 19[1. Regular meeting of the City Cotmcil of the City of Delray Beach was held in the Council Chambers at 7:30 p.m. with Nayor J.L.Samaders in the Chair~ and City Attorney John Noore, and the following Councilmen present: R.J.Holland~ John N. Kabler, and '.'[alter A. Roth, a quorum being present. The minutes of the meetings of January 22nd and 29th were presented for approval. Councilman Kabler requested that the minutes of January 22nd be corrected to include a motion made by him~ seconded bM Cotmcilman Holland~ and unanimously carried~ that the City Han- ager be instructed to advertise for competitive bids on the main section of the proposed over-all N.E.!st Street drainage project, subject to the approval of hhe City Attorney and the Consulting Engineer, ~.'~. Geo. S .Brockway. The foregoing minutes were then approved as corrected. Proof of publication of Resolution No.?S8, determining to make certain improvements by the construction of storm drains~ to be known as Project "A" of the N.E.lst Street drainage pro- ject, and calling a hearing for objections to said improvements, to be held on this date~ was read as follows: Notice to the Public Public Notice is hereby given that the City Coumcil of the City of Delray Beach, Florida, in specS, al sessio~n on January 29th, 19~l~assed and adopted the zollowing Resolution No.7o~ det- ermining the necessity to make certain public im- provements as specified in said Resolution, and according to the plans and specifications on file in the office of the City .~{anager as the same are required to be so made~ and said City Council will sit on the 12th day of February~ 19~1~ in the Coun- cil Chambers in the City Hall at 7:30 p.m. for the purpose of hearing objections to the construction of said improvements. RooOL~zlOh 758 i ~RI~SOLUTION O? Ti~ CITY COUNCIL 02 T2~ C!~i' OF DELRAY BiiCi[~ 2LORIDA~ D}ZTERNINiNG TO }~ki{l', CER- TAIN I!{PROV~-;}'~ENTS ii1 SAID CITY BY Tr[E INSTALLATION 0P STORif SE~SRS~ C iTC}i BiSIiiS LND ii[li(-HOL~S~ STAT- lNG TiiE iYECZSf3!TU~ THEREFOR; DETZ~i!i!Ii'iG T!iE PORTION ON THE'EXPENSE TiiERZFOR TO Bi~ PAiD I~ SPECIAL ASSi'~- SS~',2iNTS~ SITTING FORTi~ TitE TOTiL iES'2tlhkTED COST~ STALLiZNTS FOR PAYiEdNT AND Di6{}IG!fATING T!N3 BOUKD~ .iRIES OF T!B DISTRICT COiii2iSI!~'G Ti~E !ROiERTY S~iEC- IALLY Bi~I';102ITTi~D BY SUC{ iiPROVUIUSiiTS. '.firiE!LlkS~ increased improvements and paving in the City of Delray !~eaci~ F!orida~ has greatly decreased the amount of surface ~rater normally ab- sorbed by ~nd into the soil~ and ~r6:2~211o~'" .... ~' ~ it is necessary~ at this time to inst- all storm sewers to drain off the acc~mulated sur- face water~ BE !T RESOL~LD hy the City Co~cil of the City of Delray 3each~ P!orida as follows: 1. That the proposed public improvements pro- vided herein shall consist of storm sewers~ catch basins and man-holes. 2. That the boundaries of tile district in the City of Delray Beach comprising the property which is deemed sNecially beneJitted bM such improvements is as ~ollows: ~eg_nnln. o ~ tile intersection o2 the center-line o0 Southeast 1st :ivenue with center-line of She East and l~'est alley South of Atlantic Aven~]_e~ ~.nd in Block 72 of the City of Delray Beach~ Florida~ thence r~ Northerly along the center-line o2 Southeast 1st _ire- hue and North-east 1st A~enue to a point three h~dred thirty feet (330') North of the center-line of N.B.2nd St. ~ thence Zasterly along a line ti~ee h~dred and thirty feet (330') North of and parallel to (measured at right angles) the center-line of said Northeast 2nd St. to a point one h~dred feet {100'} Jest of the boundary line or L.R.Benjamin ~ s Subdivision~ according to the plat thereof onfile in the office of the Clerk of the Circuit Court iN Plat 3ook 12~ page !,i}~ Beach County public records~ thence r~l Southerly along a line one hundred feet (100~) ',~est o~ and parel!el to the ~;~}st boundar!/ line or said L.R.BenjaNin's sub-div- ision (measured at right angles) to a point located in tile center-line o2 ]~orthe~st 2nd St. ~ thence r~ e~ster!y alongthe center-line oC said Northemst 2nd Et.to the center-line o~0 Northeast 7th Avenue~ thence Southerly along the center-line oS said Northeast 7~!1 2ye. ~to a point ~:~.snty feet(,30~) oou~h of t}~e center-line o0 !{.ll.lst or. ~ ~nenee i~esterly alohas a line eighty feet ($0') South of and parallel to (measured at Pi. silt ang!as) the ~ ~ ~i~ ~ ~ ~ . cen~e!-laae 9f ~,~or~l ~.,ast ist St to tile center line oC North-east ~tll Ave. ~ thence Sou. therly along ~le e~n~e~- l~e o, I~ort. l ~o~ ~t.,1 ~_ve. ~ tot~ ce~e_-!ine of the o ~, and in _loc~ 100 o and W~st ~ll~y ~.~or~h o~ !tlantic Ave. the City oJ Delray Beach~ ~!orida~ thence ~'ester!y along the center-line of said '~ast and ';est alley in 3!ock !00 and in 3lock ?2 to the center-line oF the 2ight-of-waM .!o~maa .... sv ~oa=t RailwaM~ thence run oou~aeray along 'the center-line ol' said '?!orida -~ast Coast RailwaM's right-of-way to the ce.~te_-~.z~te o~the ~"~ '~ 1 ~ 1 - '~ 'i ~uast and '?est alley oo~ of _.~tia~u__c _Lvenue in Block .3~ of the City of De!ray Beach~ Florida~ thence ~festerly along the center-line of s~id 'last and ifest alley in Blocks o9 and point of beginning. 3. The above described drainage district shall be designated as r'ro~ct "A" of the over- all drainage project. ( opec_al assoss:aen,,o shall pay for sixty- t,,~o ne~ cent (62,~) of the expenses necessitated by the znst~ll,=~zon of suchimprovement ,.~hich is desi[;nated as a main sewer collecting line o:a the plans and specifications o~i' such i:uprovenents on .,file in the office of 'N~e City ~{anager, plus the entire cost of all laterals~ catch-basins and man-holes in said Project "A". ~ The total estimated cost of the install.- ation of storm sewers~ catch basins and man-holes in Project "i" is ]~39~9~!.00. / o. The special assess~ents against the prop- erty benefitted shall be paid in ten (!0) equal ~ ~ ~'' ~ b=ar.ana interest on a~ual zn~=ll~:,ento~ ~n~ unpaid portion of such special assessment of ezont per cent ($1~) per a~um from the effective date of ;~he ordi- nance establishing said ~pecial assessment. h~o~D __~_ &D0iT?0 i~iS Pith day of J~nuary~ 2. D. !9 (Signed) J.L.3a~mders Payor (Signed) Ruth R. Smith~ (o:x~L) Cit}~ Clerk Publish February 1st and 9t.h~ 19~1. Affidavit of Publication De!ray Beach News ?ub!ished Semi-weekly De!ray Beach~ Palm Beach~County~ Florida ST:!TE 07 FL0ii~iO.l Before the ~mdersigned authority personally appeared Merritt B. Hilliard who on oath says that he is General lianag~ of the De!ray l~each News~ a semi-weekly newspaper published at Delray Beach in Palm Beach County~ 2!orida~ that th.e attached copy of advertisement~ being a Notice to the }ub!ic in the matter of Resolution No. 788 in the Court~ was published in said newspaper in the issues o~ February 1 and 8~ ~9~1 . / 2/12/~1 Affiant further says that the said Delray Beach News is a newspaper published at Delray Beacl~ in said Palm Beach Co'anty~ 2!orida~ and that the said newspaper has heretofore been con- tinuous!y published in said l'alm Beach County~ Florida~ each week and has ,~,een entered as seco~d class mail matter at the post office in Delr~y Beach~ in said Palm Beach County~ Plorida~ for a period of one year next preceding the first pub- lication of the attached copy of adv ertisement~ and affiant further says that he has neither paid nor promised any person~ firP~ or corporation any disco~nt~ rebate~ commission or re?~u~d for t~e purpose of securing this advertisement for publi- cation iu said newspaper. Herritt B. Hilliard Sworn to and subscribed before me this ~ day of February~ ~ . Neil E. NacNillan (SEiL) Notary l~ublic Nayor Saunders asked for objections to the foregoing improve~ents~ but none were filed~ whereupon the following Resolutions was introduced: RESOLUTION N0. .;~ i~ESOLUTi0N 0F :2{71 C!T~ COUNCIl, 0F .file CITY 0F DELRAY 3EACi~ FL02IDi ~ INSTRiTCT!NG C!~ 12YGiNiZER T0 i~ROCZED ?,/iTl! Ti.E~ !NST1LL~k- TION 0P STORH SE~SRS~ C,.,~TC! i}ASiNS~ AND N.Z. !st STi~ZET 0VER-A ~L DR.ili'.'kGE i'2~0JZCT S TilUC T I 0iY. ~2%EiS~ the City Co~cil of the City of De!ray Beach~ Florida~ did on the 29th dam of January~ 19%1~ determine the necessity to make certain public improvements by the install- ation of storm sewers~ catch basins~ and man-holes~ designated as Project"A" of the N.E.lst Street over-all Drainage }roject~ and ?~Ei~iAS~ the Resolution providing therefor has been duly published~ as required bM the City Charter~ together with a notice that objections to said improvement would be heard on this date~ and .Z~EREAS~ no objections have been made to such proposed improvement ~ NOW~~.~:~Wa~n~ B'Z I?. P~SOL~D b'l the City Co~cil o~" the City of Delray 3each~ Florida~ that the City Engineer be~ and he is hereby instructed to proceed with the installation of storm sewers~ catch basins~ and ~nan-holes for Project "A" of the t?.E.lst Street over-all Drainage Project~ according to plans and specifications heretofore filed ~.~ith the City Engineer~ and kept open for the inspection of the public~ upon signing of contract for said construction. PASSED in Regular Session on this the 12th day of Feb- ruary~ A.D.~ 19~1. J. L. S aunder s Mayor ATTEST: Ruth R. Smith City Clerk Upon motion of Councilman Kabler~ seconded by Coua~cilman Roth~ and unanimously carried~ the foregoing Resolution No.75~) was passed and adopted as read. The following letter from ~J..'~.(/i!cox~ former ~(unicipal Judge~ was read: February !~ 19~[1. Honorable l.~ayor Jack L. Saumders City Council City Hall Delray Beach~ Florida Dear Hr. Yayor ~< Coumcil: In the 1949 session of the Legislature the City of Delray Beach '~,~as~ granted a new City Charter. Article 7~ Section 4? of the Charter provides that the Hzu~icipal Judge: ....... " shall be an attorney qualified to practice in the Courts of the State of Florida and residing in the City of Delray Beach~ Florida. If no person witi~ such legal qualifications is available for the position of I,~unicipal Judge~ then the City Council may appoint as ~.ku~icipal Judge some oti~er person." Undoubtedly it ~,~,~as the intention of the drafters of the new Charter to provide that the ~,~vanicipal Judge should always be a person qualified for the position. The u3adersigned is in entire agreement that only a qualified person should be eli- gible for this imporiant position. It is~ however~ respect- fully submitted to the City Council that a person ~ho has had considerable years of e:~[perience to hold the position and to give to this office the dignity and e:~perience des- erved by it. I served as ~(unicipal Judge for the City of Delray Beach con- tinuously from the years 1939 to 19~0 ~,~ith the exce?tion of the year 19~3+. This represents ten years of service to the citizens of Delray Beach as ~.:heir ![u_nicipa! gudge~ and it goes without saying during this period i gained considerable e~-{perience which I deam qualifies ~e to efficiently handle the job of N~micipal Judge. In addition to this~ I have been Justice of the Peace for the Fourth District of Palm Beach County ~or eleven years~ a position which I presently hold. I am not an attorney~ however~ from my years of experience as a judicial ol'ficer I feel that I am q. ualii'ied to serve as Kunicipal Judge. I respectfully submit to the Council of the City of Delray Beach that they consider amending the above mentioned 3rti- c!e an~! SeCtion of the present Charter to provide that a per- son who has had a certain n~m-nber of years experience as a judicial officer in the State of .21orida~ although not as an attorney~ be likewise eligible for consideration as Nu_nicipal Judge on the same status as an attorney. I feel that the n%n~ber of years experience that should be required is soT-~ething to be deter~uined by the City Co%mcil. I would siRcerely api reciate the Council considering anending the Charter at this session o2 the Legislature rhich ~.~eets in April to provide for this change. Re sp,~c ~_, ul!y ~ '.~. E. ~;i!cox. CC: Jack Xabler ~Ja!ter Roth Robert Holland i.~. 2. Jac ob s John l!oore Charles Black After discussion o7 this request~ and the advisability of ma~lng other ~r-~ d-~'~ ,- ~- .. - -~- d~.~n.L~,,n~s to the City Charter at t~enex~ session mo~,.~_on ~ ' ~ ._ "~ ~ seconded of ~he Leg$sla~uPe~ upon ~" or ~ounezl~',.a:.n ~_.sl~P~ b~r,, Councilman '~o!!,_~.nd~' ~ and ~animousl,r~ carried ~ ~n"'_' ~uv ~torney" Noore was s. sked to prepare a list of a:tendments he would reco- .... ~ ,~,~ ~ ' t',e Conn~i! r.m~end~ includ~xg thi~ reauest~ for co~.~_,d,~ratzon of at its next neeting. .~ letter and a~_u_md~vzt~ Oiled by ;'rs. ilathryne 0rn. scol!~ of_Roca Raton~ claiming damages for injuries received result of a fall oN a City si?eYa!7~ were read as Attorneys at Law Suite ~ao, ~,,-~nn_, l{arvey Z~uiidins ~r ,--~sch ~ F!o~ida ,~est Palm 2~ . City },{anager January 3!~ De!raM ~3each.~ Florida De~_ ~ ' - i.~e a~e e~clos~:','? herewit!l a c~i~ ..... ~ ...... ]Cctthryne Drisco!! and her husband~ Joseph R. Driscoil~ of noca TM~atOn~ 'l_or:,.aar' ~ :.rhic:-~_.. shows uaat on or abo!!t L-t30 to a hole in tile sidewalk and fell and injured herself. !t seems that 'bhis ]spoken place in t:le sidewalk had beer '(5'.!ore ~so, ...... ,e~,', ~u~,~e P. nd rlust 'nave- i)een known by "6',~e officers nco p~v~rol thais beat. ..... o.~ u? e claim~ is ?or {}10~OOO and her husband's c!aiN is fop .]~()'}0. one has consulted ~','-~,~ie'~'~ _. ~, ~, ........ :~.nd zs being ,.ae:_~ aS intervals and ''- .., n~s s~ls~airLed a sevePe S.ae is su~erlNS pain as a result of o~e l_~erz,~ _ ':e extent of the '- ' -- ~ ~'=~-~ a s'_~ti~c m~u~ies cannot he detailed until sh~ oPy diagnosis, lny infor}~ation later obtained we shall be glad to furnish. In the event satisfactor2/ sett!e:~ent is not m~cle with her by.,, une city~ ~ne ~nd her husband ~ritl .... , bz-a~a s~!it to recover ...... T ~'r~ serd-',-~', 7~ ........ =~_, a copy of the c!aim~ as we_~ as a coT~v of -f'~is _euter~ uD l[r. Jolm lSoore~ Your City ~Lttorzley. ~ ~ ~e bl]!s c!~,!:.! and see eaa~ it i~ Dre~en to the Co~.ncil in due course 02 procedure, Yours very truly ....... C.~ 2 .u~I .... Y registered mail ]3:': ,.:.~ re tllrll, receipt ren~ sted,= ~, ~. cc - John }bore~ City .ittoPney ) ss C0~?TY 07 PLL~f ~E.LCi ) Before Ne~ the Nndersigned aut}loritF~ persenally appeared i{iTHi%YNE DR!SCOLL who~ being by ~ue duly sworn~ deposes and sa}rs as follows: 1. 0n JRnRaPF 4th~ !9~/!~ abo~.~ b:30 to $ ~.~.[. I w~s wall{ins on Clue side~a!k at tile northwest corner of Atlantic 3ou!~tvzrd and i?.R.bth :},.venue in the City o~? D::~!PaV Beach in front o?~ or near~ Love's Drug Store. I tmdertook' to leave the sidewalk and walk across the street at which time I stepped in a hole in the sidewalk and fell on the sidewalk and street. In doing so I received injuries as fo!lows~ Dislocation of several small bones and torn ligaments in right ank!e~ pain and soreness~ stiffness ancl ' ~'~ ~- ~'°'~' ~ constant ache of oo~n l~s~s ¥¢hich keeps me from ~ ~" -', ~ e' brest~ n~d~cn ~ short of stomach ~'~,~ ..... ~: and pa!yit- ation of the hearti shoc,~ea nervous system~ otn~r,,.._~e internal injuries the e:Ttent of "[ i ;__ 2. I received first aid at the dru[; store and shortly t.a~rea= ~e_ c _ ., He x-rayed t:~e -foot an~i a3.fi~le but I do not have his report as to the *~'-,-o e,,~e__t 02 the injuries 'Phis infor:uation will be furnished later. ~Ji;.-~ce ~ :at time ~ aa e consulted Dr. '~;il!iam ~, ~ ~,feems o:' ,lest ?.,!m ;7, eacn and he e::~:amined me thorouf;hlv. ~n~ ~--?:,:tent of my i:.~juries is not known but I do ~:no~.~ that I suffered severe pain .... d in all probability ;.;,i!l continue to ~ ,'-Ce from the injuries so received. ....~ '~n~ ~ hole in ~-' ~oaa side~,,~a!k appeared to be old and to have been there lo-~g enouff'_~ for the citer to have :.~o,m it' da~ger In fact I am sure officials of the tit!,* ~, .... of th~_s break in the side~¢sl'~, in time to n~-~v~'~ ~ had it reva~reo ~-. i am a married woman reszaz~g at ~,~oca ~ .... '~ ~' and my :~uob~,na s name is Florida~ my ~,ddr~s b~zno Box ~p~o~o~ ~ ~ o t' Joseph R. Driscol!. For and on account of the injuries rec- eived I am filing this as a c!ai?~ against the city for ['!0~000 damages and ~.y husband joins in this affidavit and files a claim for ~[}~000 which ~tYe expect the city to pay. ~. Miss l~{ary Czmneff of Boca Raton~ Ylorida~ ~¥as with me at .... o,~e 'time I fell and sustained t~e said %"-",.~u~'":~z~s. There were other ~;itnasses near the place but I do not have the named or any of them. (omon~d) ~at.aryne Driscoll Subscribed and s¥~orn to before me this 30 day of January~ !7%1. R. R. l. friEht I{otary Public ~ STATE 017 FLORIDA ) Before ~e~ the ~dersigned authority~ personally appeared JOSE!:H R. DRISCOLL ~.~ho~ being bM me duly sworn~ deposes and sams as follo~¥s: I am the husband of the above named Kathryne Driscoll and the statements made in tho foregoing matter are true accordi:~.S to uae best of my information and _T do !QIO~,~ that sTle ;,~as i~{~.j~ed &lld that this affiazlt .('~,.' "s sustained damages on acco~mt t~er~oz, t mo~:~e this claim against the city of Delra,y Beach~ ?lozmo~., ~or :)~,000.00 for inj~'ies l¢?lioh ! su~staiz-ted. (Signed) Jos e~ il~}Llj, sc oll Subscribed and m;orn to before me this 30 d-,v,,_~,, of January~ 17'~ R. ;R. ~'fr iEht Notary Public ~ My co~ission ~- · · A motion !.~a~ i~iade by Co'macilman Roth that the City 2ttorney ~na the Police Department be instructed to investigate the acc- ident~ and the facts of the c!aim~ and sub~it their report to the Council. T~e ;uotion was seconded by Co~cmlm~.n ]{olland~ and upon call of roll carried Upon motion of Councilman iabler~ seconded by Councilwoman Roth~ :~nd ~a~,imously carried~ the installation of street lights c~til on the corners o.J ~ ~ 1st ~treet and '~ ~ 2venue~ and and 6th Street~ were authorized. The Clerk then .~resenoed a copy of Tnvitation to Bid on . ~' ~ which re'oairing and painting the water ta~ks at the i{ater was spread upon the ~inutes as follows: 26 January 195% INV!T!TION TO BID Sealed bids will be received tmti! ~:30p.m.~'o~z~c~z ~ Nonday~ February 12~ 19~1 at the office o'~ the City Nanager on the recondztzo and .... ~ ' ~ pazn~zna of over~a~ad water ~+o .... ~e ~ ~,~ ta~.~s of the City of Delray Beach. Tanks to be recona~zoned and painted consist o.{' one each 10)~0OO a~.llons and one each ~00~000 gallons both located on city property at ~00 S. Swinton :!ye. Bidders w~l! be re%~lrea to inspect the tanks and prepare iter~.ized proposals covering all repairs~ cleaning and painting necessary for the interior and exterior of eacl~ tank and supi'orting str~lcture. Bids will also be co~sidered on maintenance contracts to cover inspections~ touc)~ up and repainting over a period of five Meats or longer. The C~tv ouncml reserves the right to inouire as to t~e quali- fications of any bidder~ to reject any or all bids and to waive formalities. City of DelraM Beach Charles ii. Black City ~anaffer Three bids were received in response to the foregoing notice and same were read in full: 1. Universal Construction Co. of Indianapolis~ Indiana 2. Utility Service Co. of Orlando~ Florida 3. K.L.Sharpe of Orlando~ Florida -~:~. L. "Jack" Sharpe :uality---Servic e Fabrication Steel Erection 1331 Brookhaven Dr.-Phone 2-2007 0rlando ~ Florida Ja~usr~T_ .~ ~, 22~ !9~1 City Of Delray Beach Delray Beach~ Florida ~t~n. .Charles E. ~lac:~ City r. Dear ~- ~ o _r: After inspecting your cities two elevated water storage tanks and towers~ I respectively suggest that the repair~ cleaning and painting be done~ and agree to furnish all necessary equipment~ materials~ labor and supervision to complete same in a competent and ~orkmanlike manner~ on an hourly rates and materials cost basis as outlined~ 5.~ith guar%ntee that the total cost ~.~ill noc exceed est~m~te,~ cost~ as ite~:~ized~ plus Hovzever~ should you prefer a Contract price~ same ~,/itl be estimated cost~ as itemized~ plus 10~::~. 100~0%0 gal. Tank ~l Tower: Repair: Butt weld leg ladder rz~ers~ remove bolts and nuts. Furnish ~d butt ~,~eld 3/8" :: ~" cleats to secure leg ladder to tank leg~ remove bolts and nuts eliminating rust pockets. {feld leaking places in stand pipe. Furnish and install 3/8" ~: 2-~-" cleats to side of riser for securing riser ~!zm~b rods~ "butt ~elded" eliminating circular bands. Drill ~.,~ee~} holes in low places of ~,~alkway. Patch roof ~,~ith metal of equal thicl~mess to original~ butt welded continueously from top side. :':}lectric ~,zeld all seams and rivets in roof from top side~ after thorought!y cleaning between seams and clamping overlappings metal together. Cut awa]? overlapping sections of roof seams from inside~ eliminating rust pockets. Replace all defective roof hold do~m cleats. Estimate~] cost of repair .......... j; ]_,~NO.0% Cleaning ~: Painting: Interior: Scrub interior complete. Spot sandblast entire interior of ,~an:~ mns}_ae of roof and spider~ removing all rust ~,na dead paint. Spot paint all sandblasted area and then apply one(l) coat of ~.]uigley's ;]} 111~ tank interior paint~ to entire interior~ brush method, oterilize .... ' mn~ezmor of tank before putting back in service, (c!orine to be f~a~nished by t].~e City of De!ray). Estimated cost o.~ cleaning and. painting interior .... ~}3~0.00. ~:~terlor: ,Spot sandblast entire exterior of tarflc~ tank top and tower~ re~ovi;ag ali_ rust and dead ?ain, t. Spot prime all sandblasted area~ ~pot ]~aint all pri~ed area ~.~ith one (1) coat o~> and then apply o~e (1) coat of 21uminum to entire exterior of tank~ ~a~k ~op a~ to,;er 211 pri~.er and , "'~ to be a~;~l_ed b~. Repair: Drill weep holes in low places ii~ wa!ic~,~ay ?!oor. ?Je!d leg r~inforcing plates to tank proper (sealer pass) eliminating ru_st Dockets. Butt l,~eld leg ladder and cleats ~lLn~nat_no bolts and rust pockets. ~:ield ta~k ladae~ to side L'all of ta~ ~sing_. o/- ~/3" :.~, l~,, cleats~ butt welded. Install .... '- orac~e~ on roo;c to sec~sre roof ladder. ';]stimated cost of re?a~ .', o~f~.OO Cleaning ~ ?ai:~ti~.g: In ~er zor: ..... ~ m~cl~az~g s~oider rods~ disc oandblast interior? co~.le~<~ _ and inside of roo~. ~u~nmsn and apl~ly t~o (2) coats of ~ui[lley's ~ !11~ ta~k interior paint~ brush method. Sterilize i~terior of tank before putti~g sa?~e in service a~ain~ ( ~ ~'- ~= __ i~hed by the City of De!ray) ~:~stimated cost ];1 ~ 75'0. <)0. Exterior: Sandblast e::terior o-? t~nk a~:d tower co~nI~!ete~ all rust~ paint and loose ~uill scale. Prirae e:zterior co~:t?!ete and then apply t~..~o (2) coats of .i!:t:,:tinu~:t paint. Primer and to be applied by brush. ~'tethod. Estimated cost .................. <~400.00 Hourly ~-~ates. s<uzpmen~ Rentals: Sandblasting " ~:: 6.00 per hr Cu~,n~. - o Jc ;,re!ding. ...................... 3.00. " " Lge. Truck '~ :['.; 2. ~0 " " i-:ickup Truck ............. '..[). 1.~0 " " Rigging ---" '~ !.00 " " Equipment ren~_~ls~o charged for actual ~'~zme used each day. Labor: o ..... ' °.~0 [~er hr _~u. perv.~sion ......................... ~. .,. _ ],~echanic .... ~[ $ 2. ~0 " " Subsistence : ..... ...~ . %0 " " Labor ~ orusnes r,=oes i:aclude all small tools al~d ~ ' . l.fater ial s: Sonneborns 9ono!astic :iluminum - .; t~.30 per .~]al. " S .~:~. ~. ~'"- . , ¥ 7g ~rimer .... ' ~ '?~ " " ~uigley's ~?11 ~ taak interior paint " Steel~ net .< 2.~0. " .,~ .10 " lb. }.risc. i'[y cost plus 2<)~ Daily worz~_ sheets to be kept in triplicate~ same to be approved and signed by designated ins',cector of your choice~ who will keep one copy o? same for your records. It is understood and agreed th. at the City of Delray ~eac.h ~ ~ -~ , - de~'~- n~ ~ b~' signed daily is oblioatec, only for corn tments as !., or ~ sheets. After completion of job the City of Delray ?~each will be given full credit for all m2used ma~ermals for which t.a~,y have been charged. Enclosed~ ~'.amn' ~na~,cer, Contract offered~ subject to your approval upon completion of repair~ cleaning and painting in its entirety as outlined~ whether done o~. an ho~ly rates and mat- erials cost basis~ or Contract. I carry Jorkmans Compensation and Liability Insurance. Thanking you for this opportunity to quote you and hoping that I may be o.C service to you. I am~ :~'" incerely (Signed) !(.L."Jack" ,Oharpe A G R E EIf= p U_ T: '~'~=~"'-~'~ made this day of 19gl~ THIS ~u~a~ z ~ __ by and between ~.L."Jack" Sharpe of Orlando~ ~'lorlda~ ~arty of the Pirst Part~ and ~he City of Delray Beach~ Florida~ a icipal Oorporation o~ t~e State of Florid~ ~arty of the Second Pert. That in consideration of the mutual covenants herein con- tained, it is agreed as fol!ows~ 1: Shat ]::arty of the First ~art agrees to !~eep and main- tain the interior and e:cterior of Party of the Second Port's elevated water storage ta~s and towers i~ said Cit]f reasoi~ab!y free of rust and painted at intervals necessary to keep said ta~s and towers in good and useable condition at all times for a period of five (~) years fron date of t.his Agreement~ said tanks being of !00~000 and [00~000 gallons' capacity. 2: Part~ of the First Part further agrees that he will inspect said tanks and towers a~ua!ly~ and will keep the int- ~ ~ and properly eriors of said t~,n_~s free of all foreign matter, flu shed. 3: That during the period of this Agree:aent~ Party of the Second ?art has the responsibility of :~.zng the telltale and automatic cutoff device properly adjusted. ~k: Party of the First Part hereby agrees to take care of all maintenance of said tanks and towers, including all steel and other materials necessary for said naintenance~ except as herein otherwise provided~ and e::cept from damage by Acts of God~ '.,~ind~ iirplane~ Settling of Fom~dations and Accident or Vandali sm. [: Part~? of the First Part agrees to paint said tanks during the second year of this Contract, and d~wing the fifth yoar of said Contract~ after removing any and all rust~ prim- ing bare st~face~ and spot painting primed s~face, such paint- 2/z2/gl 50 ing to cover interior of tanks and e:~terior of tanks and towers. 6: Party of the Second Yart hereby agrees to pay I~arty of the Virst Part the s~n of one t~ousand an~ fifty dollars (~ 1~0~0.00) per Mear for the term of this Contract~ for ser- vices and materials as herein provided. Said payments to be made upon completion of services as designated in paragraph ~. 7: Party of the Second ~art may ter~inate this Contract ~.na o) l~ay- at any time by ~,,~itten notice of such ter~-:zination~ ~ ~ ~ ~ ~' ~' i~ty ~ Firs __ · ns ~_ of ~e t Part the sum of five hundred arid twenty- five dollars (';No~.O0) as consideration for such cancellation ,~: l-~arty of the First Part may ~er.~.unate this Contract ~ ~ ..... ~n.~ by pay- at anM time by written notice of such ter~mna~zon~ '- ~ ing i-arty of the ~econ ]~:.rt the sum of five n~xarem and twenty- five dollars (]~2~.00) as consideration for ouca canceltation~ provided~ however~ u~;au said ba~.z'.cs zuad towers are in cona__tion in =~,,= opinion of Patti= oJ the (fecond ~art at -bir~e of such notice of cancellation. ' ~'-="~" ..~, =~ ~.~, , z-zz:zz_ :=o ].lave here~ato set their !i~ :izz,_,,o ~ ~ ?~'~T;~ .... L" ~'3 ..... ~TTM hands and seals the c!a~,~ and year first above written. Signed~ ~ea!ed :z~:d De!ivored in the presence of: As to i:'arty of the First Part (Seal) City Clerk Accepted: City of Delray l:3each By: ?ayor Upon motion of Councilman i2ab!er~ seconded by Co~mnci!man Ho!!and~ and unanimously carried~ the bids were referred to the ? :~ ~ ~' uabul~,t~on and reco~:m~.endation. Cit~z I,.~.n~.ger for ~- ~ ' ' Proof of pub!zcau.Lo.a of Invzuatzon to 'j)icl on ti.~,.a con~t ..... C uzon '= ~ Dr~,mn~oe I:~.provement of Project ,A, of t':~e i:~.~.].~= ,~ Street over-all ' was read~ as zollot~s. TTrV TT A T I Oi'[ _~ = !~ iD Sealed bids will be received -~/ the City of De!ray :~each~ Y!orida~ at the City -Ia!!~ Delray i3eacb~ ~!orida~ ~m.til February. 12~ 19~!~ at ~:30 o'clock F.w. ~,,~=':~ _~or the cor~strt:tct~on o:;' scorr'~ sewers az~d a~?ertns, nces for the City of Delray Beach~ Y!orida. '?~._ne fo!!ow.t~tg" __n~e the apl:,ro:ci::ate quantities of mat- erials to be installed: ~ . ~ C~menc _~_obestos Sewer 6,3~ Lin. ~ t 6k.~ Lin. ?t. of 30" Ce~ent !sbestos Sewer · .~,~o~stos or Corr~tgated i eta! d,~O Lin. Ft. of 3 o ~ur~_ Se¥~,er 6?} m~.n.~,t, of 670 Lin. Ft, of !S" Cem_ent isbestos or Corruzated Stor~ Sewer ~-20 Lin. Pt. of ~00 Bill.~ _ '~'.' ~. OC_~]a" Cement .~,~'. ~-~t~,~ or Co~'~t~';~ted_ _ ~ .~- . }'eta! ~el~er l.l~ Lin. i?t. of 27" Railroad Crossins !2 h~.nholes 2'12 3tor!u rater inlets. ~"- ' ,~ade out on ~i}o propose! 2opm prepared Bids m~.o ~ oe ... by N~e City~ enclosed_in a sealed_ enve!oee~ ~ . } l}e~rin~~_ ,,~ ..... ~ fie name and=~...~dS~eos~ ~ o 02 sxe bidder} ~na ~,?.rked~ "[3id fop Constrn. ction of b-~or?i Sewers and 'ppurte~c. Rces for t~e City of Delr~? ~3eacb~ Florida." ~s,!ds' Must be acco>pan~ ed .... ~,~,~ certified c'nec~.~-~ dra,.~ ueon ~nv State or National .....~.~:~,,~ in ~!orzo~.~ maae payable to t'ne City of De!ray ..~eac~.~ P!orida~ in the a~ou.nt of ~2 000.00 os a guarantee ~._~t the Contractor will enter ...... ~ ~ with ....... ve-r'form the con- into a wru. uten conuro~cu 6~e~ t,!uy to ~ .... . ret~_n~c ~C~ t]~e City tract bid upon The deposit will be as ~,~'~ damages in the event t:'~ successful bidder '~e~ls to ~'~ ~Rto contract ...... ~er __ a . ?he de!:.osits of ~msuccessfu! bidders will be ret~..r.,.ad promptiy~ and the deposit oft~e successful bidder will be returned upon execution of une conuraeu~ re%uzr~a uond~ ~na~' de!iw~-_ ,_y of insurance i?olicies. lank ~}ro~os~q] forns~ and copies of the plans and specifications mav be obtained at the office of George S. 3roc:~w~y~ Consulting Zngineer~ Room b.'}b Guaranty 3ui!d- zn~3' ~ .rest Palm 3eac~t z~_or}_da. 2 denosit_ of ?wenty_. Dollars ??ill be - · ~ ~ ~i~ . re~L~mrea for each set of nlans and ~ecifications Fifteen Dollars of t~is amount will be refunded ulon return of the plans P, nd specifications~ ino ~ood or~ter~ within five ..... , ~-:n,~ of bids .!dditiona! x~!ans may be nac. days after u~e upon payment of ~'~,~n{~q-n~ costs The City cz De!ray '~each reserves une right uc reject any or all bids if made~ will be the lowest responsible bidder who ,R~ali- lies. Published Feb. t Rnd 2/12/ ! ( P I o OF ) DELRAY .ill kC .il JOURILLL Pub!i shed . n n ~ Palm Beach County~ P!orida DelraM ~e~.cn ~ i.i~,~ 02 PLOR!Di z,,:~: 0R..:, the undersigned authority personally az?earea Robert L. Britt who on oath. says that he is Editor of The Delray Beach Journa!~ a weekly newspaper published at De!ray Beach in ~alm ~:~eacn Countym Florida~ taat the attached copy _ ,~a,~ matter of of advertisement~ being a Legal Notice in City of Delray Beach~ Florida Storm Sewers and ~ppertnances in tae C:}.uy !-~,11~ Dglra~{~ was published in said newsNaper in the issues of Feb. ! and :~th~ lg~3. Affiant fur.ther says that the said The De!ray Beach Journal is a r~ewspaper published at DelraM Seach~ in said . . --' ~ arid ~hat the said ne~.~spaper has }~'slm Beach Co~ty ~ Pto~ .~_d~ heretofore been continuously published in said i-:a!~:~ Beach County~ P!orida~ osch week and has been en~erea as second class mail mauoer at t,,o postoffice in Delray 3eaCh~ in said '~ ' 'N orida for a period of one year next Palm ~eao~_~ Co~mty~ ~ _ ~ preceding the first publication of t~e attached copy of ad- vertisement~ and a~.nt further says that he has oCO]~u paid nor promised any person~ firm or corporation anM di rebate~ co~m}~ission or refund for t'~e p~Io,oe of ~ ~ advertisement for publication in the said newspaper. (Smonea) Robert L. Britt Sworn to and subscribed '~ o,,fore me this 9th das~ of February (Signed)l~erry J~ 'i ~ ~,~or ~an __ Notary Public~ ousts of Florida at Large Hy Conm~ission Expires Feb.2~ 1953. The fo!lo~ing two 'Sids were received in response to the ~.oove notice. 1. Tn, ~nrnny Construction Co of .est Palm 9 o. o0 _9. Jac~ ~. Oarver of Delray Beach {~.:-7~8~-~po.Oo, .Bid in Full from Jack E. Carver of De!ray 3each r~ads as fo'!to~m: !~ R 0 P 0 S i L l.layor and Board of Co}~Nissioners C~ty of De!ray Delray ~each~ ~'!o~ zda. Gentlemen: The undersigned hereby declares that he nao carefully~ ~;ad to his fn!! satisfaction~ exa~'~ined the atBached General ....... ~onuract Conditions~ Detailed Spec~P~cr~t4o~s~ and for?~ o~' r~ - -~ ~' ~ ' .,~.at he has ~., together wrt.n the ~ecompr~'n~i~s ~qq~s~ and ~-~' - ~mde full exar~ination of the location oL' the ?oposed work~ and eq~!ipment~ transportation~ s~!p'D!ies~ labor~ and all other tinings necessqr]~ to the prosec;!tion ~.ne comn!etioil oC t.:~'} work~ he ~.~i!! {'~]ly co}?lete all neceso~rv worlc} i1! ~.ccordanee attached ~e~ifications ~no. urle Peqnirei!eilts l~lleei u.1 ...... of tho nm~,~ ...... within ~,~ u..~Ae limit specified in ~a.rl;us ~,por~os~l ~ for the f,x~l!owing prices ~ to ¥it: 1. For f-,~rnis:~i~s all labor~ naterials ru~nd eoui~-~- ment~ and for constructing aN?roxi~ate!y ,~ ;0' lin. ft. oL' ~", Cement .=obes,o.~'~ ~ ~ stor:~ sewer~ co~Dteue" in D!ace~.the s~;~ af Nineteen and ~100 ..... Dal!ars (;S1R.9~ per lin. ft. ,," ~ ~ ~85. O0 R. For f~rnis'aing all !abor~ materials and equip- ~ent and for constrncting ~'ni'~'~'ix~e~q~ 3)+~ ft. o;'u~O" C~ent' rusbestos storm se~,,~er~ complete in p!ace~ the sum of Fifteen and ~100 Do!l~.rs ~~ per' lin. ft. ~ ......... ~'-' ..................... 3A. Alternate. For furnishin8 al! labor~_x~ate~ials~ and equip~ent~ and for constr~cting 6~0 lid.ft. of 30" lsbestos Bonded Corrugated ~;eta! storm sewer~ com~!ete in D!ace~ the s~s~ of Ten ~nd Dollars ~~) '?r ~..in. ~t. 3 7,05~.00 bl. i!ternate. For f~nishing all !abor~ materials and equipment~ and for constructing ~70 lin.ft. o~ ~-" Asbestos '''~ _ u~ondec. Corrugated l~eta! storm sewer, complete in place, the s-a~u o~ ]iine .~~ Do!!ars~.~O~ Der lin. Pt. ~ ........... d~3.OO ~.l. i!ternate. For furnishing all !abor~,~uateria!s and equipment~ and for constructing 670 lin.ft. o~ 1/3" ~sbesuos Eonded Corrugated ~ ~B~! storm sewer~ complete in place~ ti~e s~m~ of Five and Dollars (~3~.~O) per lin. ft. } 3,63~.OO 6A. ~ilternate. Pot furnishing all !abor~ materials and eq~iDmont~ and for constructing 190 lin. ft. og lb" .... beotos _.,on~ea Corrugated ~eta! storm sewer~ compleue -in place~ N~e stun of rive and 3~'/-, Dollars (3~.3~) per lin. ft ....... .j~ ltO~6.~O 71. ilternate. For furnishing all labor~ materials and e?~ipment~ and for construct[ng ~300 lin.ft. of lP"_ ~;~sbestos ~.~onded Corrugated ~eta! sto._.n se~.~er~ complete in p!ace~ the sum of Fi~e an_d }'O/100 Dollars (.{)~.~O)' per lin. ft. .._~{} ,,~. ?or furnishing all labor~ materials and eqv. ip- ment~ and for constructing ap-pro::imate!y 11[ _~ i~._ ft. of ~°7"~. storm sewer ~_der the ~vz ..~. C . R~.ilroad~ co~m~lete in ~!ace~ ~ ,:~o.m on plans~ the !~.~np sum of Pour q2housand and T~ee ~' ~ "~ 4,3 50 O0 n~drea rift% and no/lO0 Dollars .... ,,, . 9. For furnishing all !abor~ materials and ec?ip- ment~ and for construCting 12 ~r~ · ~ complete in place ,with frame and cover~ the s~nu of One H~dred Seventi¢-five and noel00 Do!lars(;}lTE.00) each "2~100.00 10. For furr, ishing all labor~ materials and equip- ment~ and for oonstructing 22 storr~ water inlets~ complete in place w~_tn 2tame and orate~ ~he s~m of One H~dred Fi~e and no/100, Dollars ([]l'}p.00) each Total~ Items 1 to !0 inclusive :3 ~otal~ IteNs~ 1~ 2~ 3~~_~ ~ ~.~ 6it ~A~ ,u~ 9 and 10 .~ ~ ,~. The undersigned agrees to execute the attached contract within ten calendar dams after the date on which notice of award has been siven~ and to begin work with an adeq~are force and eq- uipment wi-thin 30 calendar days from 'the date of execution of the contract~ and to fully complete all work within not more than 2~0 days from the da'he of execution of said contract~ and also to furnish a sufficient anG satlsi::~ctory bond in ~'-, less than one hundred pep cent of %he contract erice of [the ~- The znldersigned states that this proposal is the only pro- posal for ti'lis project in ~,zhioh he is interested. Submitted: February 12~ 1~[! (blurted) Jack .~. Carver By: Delra2z ~ aca Contractor On motion of Councilman Holland~ seconded by Councilman Kabler~ and ~m~animous!y carried~ the foregoing bids were re- ferred to the City ;[anager~ and the Consulting Engineer~ for study and recoEnendation. i request for the re~oning of Lots 1 and 10~ Block 3~ Seagate Subdivision~ filed by Edith O. 2aylor~ and Pierre Joyal~ o~,.mers of this property~ ~r:~.s read as follows: City Council ~ Delray Beach~ Florida. The !Ionorab!e Nayor~ and City Council o2 Delray Beach: Ue wish to present~ here-with~ the following two lots for your consideration~ in regard to rezoning. Description-Seagate Addition- Lot 1~ in Block 3~ Lot !0~ in Block 3. Lot 1 being o'~med by ?ierre Joyal and lot 10 by Edith 0. Taylor. ;Ie desire a rezoning~ from a B-zone (residential) to an Apartment 3oning~,for the following reasons. This property is now adjacent to the Flagler Apart~uents Duilding~ therefore the character of this property has become r~ore desirable as an apart- ment site,. i~e wish to thank you very, much~ for ,~o~_P~. consideration~ and efforts in this matter. Sincerely~ (Signed) Edith O.Taylor and Pierre Joyal By i~dith O. 2aylor~ Agent. City !ttorney i_'oore e),pla_ned that there are deed rest- rictions on this property~ as well as zoning regulations~ to be considered~ and upon motion of Covu~ci!man ~bler~ seconded b':? Councilman xo_land~ and tmanimouslv carrffed~ ~ request was held in abeyance pending a further report :['rom the City Lttorney. ~ittorney J. ,~,.Nowlin appeared before the Council~ on behalf of his c!ient~ Lys!e ..r. Jo~aon~ wit~, reference to the payment of delinquent taxes and liens on Lots 12~ 13 a:~d 14~ 3lock 7%. As requested at a previous meeting~ i{r. Now~in_ as.~ea~- ........ tna~ e~c~,~sive interest ' ~ d ' ' ~- ~ cnarses be reaucea~ as l~e had c~:~ec~ed with the Aa:: Dep- artment and found that adjustnents had been ~ade on other proper- ties since 19[0~ of 'the sarape status as fir. Johnson's property. lfter consideration by the Counci!~ a notion wa~ ~ade by Councilman Xabler to instruct the City lttorney to prepare a resolution a~s. thorizins t~ Tax Collector to acc,~p~ p~F~'~'~+,.,~,.~,,,,~ of delinquent taxes on properties w!~ich had been ~- ,,=, ua.~n over by the State o~[' '~!orida undeP the lk~rphy ict in !939~ and which had later been~o!d by,, the 5-tate~ a!!oning payment of ~-~um:, ~ principal of the taxes and liens due prior to 1939~ plus a reduced charge for interest and fees t in line k~ith the policy for p,~?ment of such taxes prior to 19[0. The motion was seconded bM Counci!~an Ho!land~ and n_pon call of roll carried unani~:'~.~us!y. The Council also authorized the reftu~d of amoumt of in'g- crest and fees paid in excess of this adj,!steal muo~at~ to the following: A. Simon Easse-Lots ~? and =~ ~loc~ 8 Harry Goodmark-Lots 10~1! and t2~ 3lock ![[~ Osceola lark Co,mci!man Kabler requested that ref~d due Joan ~:f. >[ab!er~ .ams wife~ on Lots ~2~ 39 and 90~ .lice .~da:~o_on~ be n~de uo Yo~_t~ the ~m-~ ~... ~._~o~. of this property. ..~ ' ....... z.,o~rG W..LO~] reference ~o re%uest ~or the rezonin2 o0 the :r. ~0' of Lots 7 ~ '~ .. , ,.~ ~.,~ Block 7[~ ?~ich had been referred to them fop recomnend::tion~ ?:~s read as follows: 9 February !9[!. Honorable ]'ayor and '.,[embers of the City Council De!ray .... --~ ~' ~ r~es.c~] ~ Oz 1cia, Gentlemen: Your 'llmTing 13marc]. called a ].:ublic '~' '- _ - ~uar!nb at 9:00 30~ 1O~! to consider ~-'~ . ~.a~ re%uest for une rezoning of The '.f o0' of Lots 7 anc] ~]_oc:c~ 7~ De!rav.. Beacb~ Florida from an Apartment Zone to a Limited~x~s~ !ne" ss ~one. This'-,m,:.tter~ ~<~s._~ considered from all ang!es~ ou.u due to th~ ob- ~ n n'~" ~ '~ ajacent property om~ers who jections of more oh~.n /~, o.~ were present or represented~ and due to the fact that this would cPeate a case of spot zon. ins~ ~;hePeby tn,~ L;as2 ~ p2 of mots 7aha-,'~° o!ock 2~p~ wo~lo ....... be ,tn :~mrtment~ ..... .'one ~-~,~.~..~t~e,~-~ .... " ' ~" ' o~:, denied two D'usiness <~ones~ we .~eco~m~ena that this ~-eC, zest~= unti!~ such. time zop~n~._ ~ of thz~. property facing ~.~. .].ou otreet can be made uni0orm. Very Tru.!y yours ~ CTmY ...... Om ~!.,~,..:_unn"-:°~r ~' ~iC [__ l();[!]'z(} .ilO .liD Chairman It was explained tn~ , by granting ..... .. ur~l~ recp~e~t, the oy .~ ~"1 ~ '0e-~-t'~l] u_ed e s i r ab 1 e. !n view of {-~,o fact that !:~,~ Post O~z.~.c~~ is now located directly oFoosite these !ots~ and th.at the _ -~" su 2treet railroad ~n~,,~~_~.~_~,o ~as been ....... )penes to traffic~ '~i~s~. ...... thi~_ Street undes~r~b!e for ........ ~ ................. purposes ~ Counc~.!man !,lab!er moved lYlat the Council request the 'Son~nS 3oard to consider the re,:on!ns of all of tots ] ~.:!~ri ~ 3!ock 7~ from an apar'bment ' _ ............. ~: ,o ~ coRtro!!ins tile opero.'bioN o;? .i~!ction ...... <',~t~o~,.~ ill i'g~o. C~tv~__ :. ,.,r,q...,~ O'Oo~r:"!%. ~ ~n_~ fo~'_ second a. nd final read!nS~ as fo!!ovm: '"~ - '~ "-~"~" ........ ~.._~ SECTION b of OZ~- ~,UR~:.u~ i'ROViDiiTO 90~ T ~ D_./L-~:~Z 0'~ i ~iOi~ SECTION 11. 0;' S~TD 0]tDIi:'.dTCE ~ ~ x~.~.~} ~uction sa!e~ at ni<--t 07 d~ ~"'~' ~' '~ ~ SuOB. e Or ~.~ ...... t~t~on~ thereof~ watche~x clocks ~,,x.l-~..PeC .OLIo '~ S '"'~-~ ~ '~ ~ ]ewe!ry~ gold~ si!yeP oz pla~ed ',:aPe~ e~a.~ preven~ buyers the same from h. aviz~s~ before sales are cor~i:!eted~ us~. o~.., ~ity to exm~zne okch merchazadise ~s the r~-'~i~ht vhus ~ ~ ~ ~ .... %he va!u:;~ ane oua!ity rosins then to beins .d .... e.~vee ao uo ' ~ ~ n~r, ~. '_:.~z~ .... ~, .w.:~ tT OiUDAI.x~D by the ,~ ~'it2/ Colmc C~t,, of De!ray Beu. c:?_~ F!orida~ ...... ~zlO~. l: That oeetion ~ of OPdinance 0-66 be ?.nd the saree Is ~lezeoy ~;]~en.cted, %o Pea. ct as fOl!O~rrS. tu.l~ __~7~T'rr;'~}.~.~, c,7 ..... COl}DUCT!,:u; ".:,~uu :u :' ~ ~ ~.~c;-, ~ ~.r tic!e o _'fered. fop ~ ' if ~ ]Did. he ~'mde at auction ~ho]] be sold. as o.tzePect~ uaan one bond fide bidder~ become anot~.er article is offered for o~!e~ :~nd - '~' ~ reasonable del~y. No bM-bidding by the owner~ or anyone acting for or representing t~a o'.a~er~ shall he e~muted to bid at any snch auction~ ...... ~:~nQ unere sis]] be no res- erred price on p.l%y SUOh c..Pu!ole~ provlGeo.~ howeveP~ u].~at a Pus- erve !]rice hi~'r Oe placed on any az Olc_e if ~ ouch ~aco is known to the bidders when sn. cb article is offered for sale at auc t i on. _iny purchaser at any auction~ sale in this City~ ~ may. re~ot~un-' any article purcbasea~ oqu~ ~nu~chase ....... ~rmice ...... of which is ~ore than ~,~n Dollars ({~10.00) to the auctioneer se!lins the same~ provided suc}~ article is returned within ten (!0) da,ys from the date of purchase. The auctioneer sna!! tnereu~}on refined to s.~cn nurchaser the purchase price of tn~ article ,iach auctioneer shall display i~% ~is front window~ and clearly visible~ a omsn at least 18" x 13" which states "~ny article , ~ ' ~ . puzcnasea costing more be returned within ten days from date of . r ~ ,, ~uronase . The pruchaser of :u,~y article costing more than Ten Dollars (3,10.00) si!a!l be given a receipt by the auctioneer. Such recei, pt shall state the price paid for such artic!e~ an acct~rate de~:c- ription o~' such artic!e~ the date of such purchase and the fact that such article ~,~ay he returned to the auctioneer nithin ten days and the money paid for suc;~ article refzmded to the purchaser. In case the auctioneer shall state the value of any article sold~ for more than ('jlO.O0 such stated value shall be evidenced in writing on the receipt delivered the purchaser~ as herein provided. SECTION 2: uectzon hereby amended %o read "P!R0~I3IT!]D '[0UR3 ~ii) DAYS 02 SALE: it shall bo ~la~rful for any licensee~ his agent~ serv~nt~ or employee to conduct any sect auction sale as is men%ioned iR Section 6 oS 'this 0rdinance~ between t}le hours of !1:00 N.m. and o:}0 a.m. ~ or %~pon o~maays or legal holidays." S~C,Zu~., ~: z~.u Z~ Nte e~eng any see~Zo~ sub-see~Zo~ se~e~ee~ eZa~e o~ p.h~ase o2 thZs 0~dZna~ee shall be deeZa~ed o? adjud~ed Z~aZid op tmeo~s~Z~u~onaZ~ such ~djudZe&~Zo~ shaZZ Z~ ~o m~n~e~ at2eeg N~e ~em~Z~i~5 see~Zo~s~ sub-seeg~ons~ eZauses oz p~ases of 'bhZs 0~d~a~ee~ wh~eh shaZL be ~d ~ fuZZ to~ee ~ct eftee~ as ~:{' ~'ne see~Zo~ s~b-see~Zo~ sentence eZause oz phrase so deeZ&zed day oi' : eort.aPf~ _ Mayor City Clerk !st reading - January !Tth~ 19%1 2nd reading - Passed and adopted - Councilman Kabler noved that the foregoing Ordinance be tabled~ feeling that as the Delray Gallery is now holding auc- tion sales ~nader Court orders~ they will have to o-~erate their business in a certain manner~ whereas if -they operate ~_uader a City Ordinance the City will have to prove any violation its Ordinance. He further stated that he felt it was possible to draft a !esal Ordinance which would discourage the operators of auction sales~ and also be upheld by the Court. / 2/12/51 City ...... , ~ - -" ~ooze so~t=~.., ua,at tlr]e O. CtO0t.LOi2 uq_.S Ordinance would require the .uctioneer to state B',~ value of his :erchandise~ which the Court order did not oover~ which provisions could be easily enforced. He did not believe ti:e. n~:2ber of auction sales allowed to op~.a~,e~'~,- ~--' in ~-'u:e City could be limited~ but they oould possibly be set up on a pop- u!ation basis~ bM !eomsla,mve Act _:Lfter ~:r~r:er d&scussion~ a ::orion was made by Councilnan ~ ~ ' t:~at t'.~e proposed 0r~- Xabler~ seconcled b:: Councilman ~oit.ana~ , . . inance be referred a~,c.~c o:~ City Attorney for redrafting. Upon call of ro!l~ the notion carP:Lad tmanimously. :.roof of ~ub!ication of notice to the pub!ic~ calling a hearing for objections to the confirmation of assessment roll on the paving o:f.~: .... :: 1st ~-:~reet~ from :th ..... !vem~e to '3th :~ven.ue~ was read as follows: !: 0 TIC E ,q 1 persons t.,,':'~o .~m.y be _ntero,: o~a in the proper'ti: a~:.,,:ct,ed 17 t~~ :,~sossnent 2oll as set forth helot are hereb: .aa~ Nne City Council of ,,ye ~ ..... : of .,.elr~,, }':,::ac',,:~ e '.::,mined ~:~:s. :,~,~ z~"'~ .... ow:a~ s:id ..... ,:sossment Ro!l~ ~:}:.d chat said City Counc-~ 1 :?ill ~ ..... '- ,~ :.~ 3rea.o/ .A ...... ~.ers ill C.LB, 'T:i'll Oi' b.le Cit':: of D:'~-~',':~ 13each ut 7::ga p.'~ fop ~:~: purpose of :~o ..... o, ....... . i:..'. :th ,=venue to :. ;. 3th ive?.ue. Front &ssess lot Poot_ ::.e?2t :eP :~ssess De scr i p % i on 0vale r ~. a~ e _:~ oot ~qent Block 20 !c.~0'ofE 13~' ~T l]dmonds llg~ ';~ i: ga,oRr, l% ~:' J ..... ~:s d: Viola Smith 13:' N.{~- of Block !2 (Konroe's 3ubdivision) Lot o9 :{ale!sql "~ - '~ ~r ~...~ ' Lot 03_ ~.:_~1 Jones . .-. oC ~,700!: kk (]/oni~oe ...... ::ilod !v1 s .~.J Jordan r:9, ......... -- - ·/.'.-2 ..... ~. 3i:':on !:assu. ':0 ' Lot 23 ' "~" " ' Lot ll~ Charl ie & i?'s. ri:: ....... ~' : ': ' I '~'0¢ ih- '~ 61 Block 19 .!s2 ,.' ~'.~ ansfie!d !. 22. of ~.-sP Joe Crowe!! z3!oc~: 11 b~.~ o{' .S -~;~less Vernon L. '!orsman .2 ;- &n, o._ .~ 1~ Rebecca Davis 3!ock ~ "!3~' "~,d~',.~,%q- ~.~i se Jones ,-~, .[lO' of Z.2~O'of ~.!3~' ~heodore2~oui~e Jonos qa, of i.2')'l,'of '' c,'~, 02 'J',.12~;'of ~, .~ '".,. O' o? .q .... l~' .rcinSeen._... Close '- ',q 0 'f' 5 i-~b~sh ~I°~; and 2/1//! i',?iD. :.ViT ()i:,' .,. !..~u,lu..,__LI., .... }3elope . ~:o, ru~n~%~r. ~,,ho on oaun~, ~,,~'s ,.nau he is ~Tsllox, er of the De!Pay ao;:y of advePtis~ ........ ~ .....'~,t' 2oll in the .ou_It~ _ n :'!o}:'id s.: uou~.sly,, i:!].b!isho{~. .... i ~ ?,~_ .... id i aim ~:~{z:~ch:_,.. Countbr ~ Florida} each ..... '~i G,,',v,,, ::ti%d q:l'.s oeen ..~t..r~.(, :'~.rl: s,.b,,~ cto. oo '~. i l ' latter at u ~o l',,)st :)' '1; ce ( ) :'.s no objections ~.rere filed~ t}le follo~,zing Ordinaz~ce fought ui),_or first reading~ amc: same :as re~,a in full: AiT O:~lz~..zi;C;J~ 0,'.'_' Li, C_= COdi;~--TT, Q~, z:~ Upon motion of Councilman l~oth~ seconded by Councilman ~o~;bler~ and un~nimously carried~ the forecoinso ~ Ordinance ~zas placed on first reading. Councilman Roth outlined tentative plans for the const- ruction of a Jail b~.i!ding to house the cell blocks recently _~zon~.l office space for the purchased~ together ~.~ith add~~' Tax Desartment ~'~ ' ~ . :e ~saa obtained rough~e~,~oee~~o~,,~ of the cost o, .... a ~ of ~)12 for ~ of such ~m,a~tmons mrom a contr~.c~or~ . ~000.00 o_~mlaing appro~cimately 1.3' ~ 5l~' for jail purposes~ and "~ for an addition of a?vrosc~:s,~telv~ ~ ..... ~ 12' : 13' for the '~-~,, 'Dep~rv- ment. .A motion was made by Co~mcilman ~ab! r that the ~zov :an- ~ '~ ~ ~ ~ ' ~' ~ .... _ and secure aaer be zns~rs, cted to prepare s31ans~ specl_zc~,ozo~ss~ ....... o/~oe proposed ad<]itions to ~.~ bids on uae consor~colon of ~-' ~ present Cio: Hall oum_~znfj. The motion ~as seconded :,v Co~mcil- ' carrz, ec~ . man Holland~ :.nd upon cazl of roll ~ ' zmanimously :ith re.~r~nc~ to o~e moving of the _.~oyal l::lm Trees on ?~st .... Atla:tic ~venue~ ~,zit~ the co:astruction o? ~-~u.~ :.e~: bridge and tn<~ wfdenfuc~ o:' Lo!an~_c ~ .... .... ~a~,~ ...... e.st o? v:~ ~r',ooe~ Co!m- cilman Xab!er sug:osted that o~:~e tree be moved back to the edge of the ne~.~ right-of-uay~ as an experiment to see if it ¥i!! live. ~.zter discussion~ ,~otmcmlm,~,n l(abler moved that the City ~[ana:er be instructed to obtain a price on--:ovzn5'~ ~ o'~,.~.~e tree to ~he edge of the ne~: ~reet right-of-~,zay~ s:ad based '~pon the feasibility and approval of the price b: three Co~znci!man~ to = . _n,, · Cotu~ci!man .... ~. : ~0 ~.~ and u:oon. _ call of roll c~,=o-,'~-'_, ze~__~: unanimous!:. z~::e meeting e'n~ adjourne~ !~uth R. :J~:ith City Clerk