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06-25-51 JVJNE 25TH, 1951 Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P.~[. with ~ayor J. L. Saunders in the Chair, and City Attorney John Moore, City Mnnager Robert Lovelace, and the following Councilmen present: W.A. Jacobs, John N. Kabler, and Walter A. Roth, a quorum being present. The minutes of meetings of the Council held June llth and 21st were approved as written. Mr. Rhea Whitley, representing the owner of Lots 25 and 26, Bloc]< D. Palm Beach Shore Acres, and the South 230' of Lots 34 and 35, Subdivision of Section 9, presented a tentative plat of this tract of land, to be known as Crestwood Subdivision, for the approv- al of the Council. I{e exnlained that a 34' street was shown through the center of the property, with an additional 5' on each side for sidewalks, and also a 5' utility easement on the north and south sides o£ the Subdivision. He stated that the developer would pave 22' of this right-of-way, which would be dedicated for public use, and would provide an access from Ocean Blvd. to Andrews Ave,, when it is opened, which the City would not otherwise have. The 10' walk- way shown, east of the Blvd. would be for t. he use of owners of pro- perty in this Subdivision only, and would be taxable as private pro- perty. After consideration by the Council, a motion was made by cilman Kabler, and seconded by Councilman Roth, that t}~ plat be ap- proved, subject to the approval of the City Manager, upon filing of corrected plat showing the dedication of "Crestwood Drive" for the use of the public, Upon call of roll the motion carried unani- mous ly · On motion of Councilman Kabler, seconded by Councilman Hoth, a~i unanimously carried, an application for transfer of liquor li- cense at the Whirlpool Bar, located at East Atlantic Avenue and Marine Way, from Gaston Valiquette to Lloyd C. Erny, was approved, upon recommendation of the City Manager, who stated t~t references had been filed by the applicant, and his police record had been checked and found to be satisfactory. A letter from Black Laboratories of Gainesville, Florid a, per-. raining to the fluoridation of water, was referred to the City Mana- ger for a later report. Upon motion of Councilman Kabler, seconded by Councilman ~oth, and unanimously carried, a request from Edgar Vaden, Accountant, that the City enter into a contract with Mrs. Eulalie Yates to ex- empt her living quarters at the Municipal Pool fo r income tax pur- .~oses, was tabled for further report. The following letter from the County Resources Development Board. was read: 6/25/51 ! 2 3 "June 16, 1 951 Honorable J. L. Saunders, Mayor Delray Beach, Florida Dear Mayor: Will you kindly discuss with your City Commission the matter of membership in the Palm Beach County Resources Development Board. We are enclosing hereiwth a sheet covering current activities. I think you are quite familiar with the county-wide work of the Board through your efficient directors -"¥. C. W. Garner, Mr. H. A. Hubbard, Mr. J. B. Smith and Mr. R. P. Sweatman. The Delray Beach area is well represented and has the same vote as West Palm Beach and. the other towns in the county. We note from the record that Delray Beach has not contributed in the past years as have so many other towns in the county. The following towns have already contributed for the current year: Pahokee - $50.00 (with $100 forthcoming), Bell Glade - ~150.00 (~100 more), South Bay - ~25.00, Lantana $50, Ocean Ridge - ~25, Boynton Beach - $100~ Lake Worth ~50, Jupiter - $25, Riviera BeaL~n - ~25.00, Lake Park - ~25.00. We expect to have 100% contributions during the membership cleanup work now under way throughout the county. We suggest $100 would be an equitable and proportionate con- tribution from your city, I am sure that any of our directors in your area will be glad to discuss the matter with your commission. Very truly yours, /S/Ralph J. Blank, Manager" A motion was n~de by Councilman Hoth, and seconded by Council- man Kabler, that an appropriation of ~100.00 be authorized as request- ed, and upon call of roll the motion carried unanimously. Action was deferred on the request of Larnie Carrington for a water main extension to his home on S.W. 10th Ave., in the col- ored section; and also on a complaint from Mr. M. Hoss Watson per- taining to damage to his shrubbery and grounds on Seabreeze Avenue by the filling in of land lying west of his property. A tentative olat of part of Muck Lots 141 and 149, filed by the owner, Mr. J. W. Galloway, was referred to the Zoning nnd Planning Board for written recommendation, upon motio~ of Councilman mabler, seconded by Councilman Roth, and unanimously carried. The following Ordinance was then brought up for second and final reading, and same was read in ~ull: ORDINANCE NO. G-122 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELHAY BEACH, FLOHIDA, PROVIDING THAT ~NY STRUCTURE, OBSTRUCTION OF ANY NATURE, OR ANY GROWING BUSH, HEDGe, PLANT Ol{ TRE}~ WITHIN TIlE FRONT SET-BACK AREA OF ANY LOT LOCATED IN ANY BUSINESS DISTRICT FRONTING ON ATLANTIC AVblNUE OR SIXTH AVENUE IN THE CITY OF DMLRAY BEACH~ FLORIDA, WHICH CREATES A TRAFFIC HAZARD TO THE PUBLIC, OR TO TH~. OWNERS OF I}~IEDIATELY AI)JACENT PROPERTY TH~qRET0, IS DECLARED TO BE A NUISANCE: PROVIDING A PENALTY AM) FURTItEI{ PI{0VIDING A SEVEPJ~BI LIT~ CLAUSE. BE IT ORDAINED ~y the City Council of the City of Delray Beach, Florida, as follows: SECTION 1: That, after the effective date of this Ordinance, any structure, obstruction of any nature, or any growing bush, hed.ge, plant or tree within the front set-back area of any lot in any business district on Atlantic Avenue, or Oixth Avenue (U. S. Federal Highway No. 1), in the City of Delray Beach, Florida, which creates a traffic hazard to the public, or to the owner or owners of the property immediately adjacent to the property on which such structure, obstruction of any nature, or any growing bush, hedge, plant or trea is placed, is hereby declared to be a nuisance. SECTION 2: ~hat the above and foregoing provisions are de- clared to be the minimum requirements to minimize traffic hazards in any business district on Atlantic Avenue, or Sixth Avenue (U. S. Federal IIighway No. 1), in the City of Delray Beach. SECTION 3: Any person, firm or corporation violating the pro- visions of this Ordinance by creating or maintain- ing a nuisance shsll, upon conviction thereof, be fined not more than Two Hundred ($200.00) Dollars, or imprisonment for not more than thirty (30) days, or shall, in the discretion of the Municipal Judge, be Dunished by both such fines and imprisonment. SECTION 4: Should any section, or part of section of this Ordinance be declared to be invalie by a Court of competent jurisdiction, then such invalidity shall in no way affect the validity of the remaining portions of this Ordinance. PASSED AND ADOPTED in regular session on second and final read- ing this 25th day of June, A.D., 1951. /S/ J. L. Satmders May o r ATTEST: /S/ Ruth R. Smith City Clerk (Seal) 1st Reading - June llth, 1951 2nd Reading - June 25th, 1951 Passed and adopted - June 25th, 1951 Upon motion of Councilman Moth, seconded by Councilman ~abler, and unanimously carried, the foregoing Ordinance No. G-122 was pas- sed and adopted as read. A letter f~om Mr. John Tallentire, Pesigning as Director of the local Civil Defense program, was read as follows: 6/25/51 124 "June 17, 1 951 Hon. Jack Saunders, ~iayor City of Delray Beach Dear ~iayor Saunders: It is with regret that I find it necessary to resign as direc- tor of Civil Defense. During recent months there has been little activity at the State and County levels so the position has required little time. During the next few months there will be considerable activity at the state and county levels and the position of local director will require more time than I will be able to devote to it. I enclose my state identification card. Please retu~ it to Col. Altman, Palm Beach county director and notify him of my resig- nation. When a new director has been named, Col. Altman should be no ti fi ed. I will be glad to go over the files with the new director and assist him in any way that I am able. Sincerely yours, /S/ John Tallentire" A motion was made by Councilman ~loth that the resignation of Mr. Tallentire be accepted, and that the appointment of a new Direc- tor of Civil Defense be ~ostponed. The motion was seconded by Councilman Kabler, and upon call of roll carried unanimously. The annual report of the ])elray Beach Recreation Club, Inc., was read as follows: "April 20, 1951 Honorable ~layor and City Council of The City of Delray Beach. Gentlemen: The Delray Beach Recreation Club, Inc. presents this annual Report of it's activities for the year 1950-51. We feel that we are contributing very definitely to the efforts of the City to make Delray Beach an attractive place in which to live and a most enjoyable locality in which tourists may spend their Winter vacations. We hmve furnished healthful and pleasurable en- tertainment for three hundred and five yearly members, one hundred and eighty six transient members and hundreds o~ evening spectators. Since November 'lSth the Shuffle Courts have been open daily f~m 9 o'clock AIM. to 10 o'clock P..~'f. under the conscientious care of ~ir. Alonzo Chapman. During approximately two months our twelve usable courts have been filled to capacity at some part of the day and the urgent need for repairs to the four old courts has been definitely indicated. We wish to point out to your honorable body that no city money has been spent on your Recreation Center during the year and to ernestly recommend th~ following ~ction for next year: 1. ~£hat the four old courts be torn up and rebuilt since several efforts to resurface tham have pro~en unsuccessful. 2. That all benches and seats be given a much needed coat of paint and that such work be done during the Summer. 3. That the pavillion be given a badly needed cleaning and renovating and that it be painted both inside and out thus making it a more attractive center for social activities both day and evening. 4. The unsanitary condition of the toilets in the City Park is always a matter for regret, and a perennial source of complaint on the part of club members and the general public. We therefore urge that the matter be given careful consideration by the proper committee and the conditions remedied. 5. The lig~ting oF the courts and pavilion has been most un- satisfactory-and a constant source of considerable expense to the club every year. Last year City ~ianager Black and ~layor Kabler made a survey of the situation and assured the Directors that the existing system would be replaced by a more adequate and efficient system since the present wiring does not carry safely the increased voltage. We recommend that the necessary alterations be made be- Fore the next tourist season. Submitted hereiwth is the Treasurer's statement of receipts and expenditures of the club for the year. From the balance on hand there must be spent funds to Otc vide greater s$orage space for cues and discs, to remove and store the lighting fixtures, to remove and store all awnings for the Summer, to pay for all necessary renairs to awnings, to reinstall lights and awnings next Fall and for miscellaneous expenditures during the Summer. All monies are on deposit in the First National Bank of Del- ray Beach. Courts will be in use during the Summer under the general supervision of President Thomas Bruder, 707 S.E. 4th Avenue, Phone 5909. For any further information needed by your body we ask that you contact him. Respectfully submitted by the Board of Directors, /S/ T. Bruder, President Walter B.Davis, Secy-Treas." Upon motion of Councilman Kabler, seconded by Councilman Jacobs, and unanimously carried, the report was referred to the City }iana- get for action, after investigation of their requests. Action was deferred until a special meeting of the Council with- in the next few days, on the proposed widening of N.E. lstStreet, in connection with the replacing of the street where a storm sewer drainage line is being installed, so that additional information may be obtained. The Clerk then presented proof of ~ublication of Invitation to Bid on fUrnishing one Two-Ton Dump Truck, which was spread upon the minutes as follows: 125 The City of Delray Beach will receive sealed bids until 4:30 P.N., EST., on J,me llth, 1951, on One Dump fruck, 2~ Yd. Steel body, Anthony, harion or Wood, 2 Ton Chassis, 2 Speed rear axle 16,000 lb. rating, heavy clutch 7" hoist, no less than 100 tI.P. engi ;e, with 825 x 20 tires on re~,r, and 750 x 20 tires on front, and wheel base of not less than 134 inches. TheCity Council ol~ Delray Beach reserves the right to reject any or all bids, ~,nd to waive f'ormalities. CITY Of' DLLil.,~Y BL~.C}I, FL0,~II)A BY:i{UTH i{. SMITH City Clerk ~LFI~IDAVIT UF POBLICATION DELR~tY Bi,~iCI1 NEI/S Delray Beach, Palm Be,~ch County, Florida ST~,.fL of FLOii. lDA COiJNTY of P,-q_2'l BE~iCti Before the undersigned a,~thority personally appe~ ced ~'~erritt B. llilliard who on oatl says that he is General Nanager of the Pelray Beac}~ ~ews, a weekly newspaper published at Delray Beach in Palm Beacl~ Co,tory, Florida; that the attached copy of advertisement bein~ an inv'itation [o ~{id i,t t~.? v,:,t~_r of City of Delray Beach, was published in said newspaper in the issues o~ Nay 31 and J~me 7, 1951. affiant ~urther says that tl~e said Delray Beach News is a news- paper published at Delray ~each, in said Palm Beach Co,mty, Florida, and that the said newspaper has heretofore been continuously pub- lished in s~j.d Pal~ Beach Co.mty, Florida, each Friday anq has be~.n entered as soco,d class m~,il matter at the post office in Delray Beach, in said Palm Beach County, Florida, for a period of one year next preceding the First publication of the attached copy of ad- vertisement; a~ affiant f:~rther says that he hvs neither naid nor promised any person, fi~ or corporation any discount, rebate, commission or refund f.~r the puc'nose of sec,wi,.g this advertise- meat for r~ub~ication in the said newspaper. /S/ Nerritt ~. Ilil. liard (Seal) Three bids were received in response to the foregoing notice, as follows: 1. Delray Beach Notors - ~2,835.00 2. Coastal Truck a Equip. ~o. - 2,879.00 3. Young Chevrolet Co. - e,659.30 A motion ~as made by Co~cilman Rabler and seconded by Co,m- cilman itoth, that the bid of the Delray Beach ~iotors be accepted in the amount of ~2;835.00, as the lowest and best bid received. Upon call of roll the motion carried unanimously, s,~bject to ap- proval of Councilman Itolland. Proof of publication of Invitation to Bid on the constr,~etion of certain bulkheading ~ork, ~as read as follows: The City of Delray Oeach will receive sealedbJds until 4:30 P.N., LST, 28 }lay, 1951 for the construction of approximately 55 linear feet of concrete bulkhe~:d at the Foot of Lowry Street, a?proximately 25 linear feet of concrete bulkhead at the end NE 2nd Street and ap,,roximately 17i linear feet of concrete bulk- he~d at the Foot of NE 3rd Street on the lntracoastal ~'~;aterway in Delray Beach, Florida AFl IDAVIT 0F P~BLICATION DELiLRY BEACH NEWS DEIa{~Y BEACIi, PALM BEACII COUNTY, I:LOfllDA ST~TE oF },:LOItlDA COUNTY ol;' P~}i BEn,CH Before the undersigned authority personally appeared ~',erritt B. }tilliard who on oath says that he is General Manager of the Delray Beach ~ews, a weekly newspaper published at Delrt~y Beach in Palm Beach County, Florida; that the attached copy of advertise- ment, being an Inviation to ~id in the matter of City o£])elrsy Be~ch, was published in re, id newspaper in the issues of May 10 and 17, 1951. Affiant further says that the said Oelray Beach News is a newspaper published atDelray Beach, in said Palm Beach County, Florida, and that the said newspape- has heretofore been con- tin:~ously published in said Palm Beach County, Florida, e~ch Friday and has been entel'ed as sera,nd class mail matter at the post office in Delray Beach, in said Palm l{eacI, County, Florida, for a period of one year next preceding the First public~, ti on of tlc att~,ched copy of advertisement; and affiant f~wther says that he has neither paid n~,r promised any person, firm or corporation any discount, rebate, commis~;ion o~' re£und for the W_~rpose of se- curing tills adve~'tisement for publication in the said newspaper. /S/ f~erritt o. Ililliard (Seal) The following two bids were received in response td the foregoing notice: 1. Oleary ORBS. 6onst. co. -~,~9,262.50 2. Powell Drothers, Inc, 55' at end oF Lowry St, .f ~17,95 per linear foot- 9S7,25 42' at end oF N,L, 2nd and 3rd StPe,t,~ :' 1119.95- Upon motion of Councilman iioth, sec,.~nded by Councilman kab- ler~ and unanimously carried, tLe bid of Iowel] 6ros., Inc. of Ft. Lauderdale, Florida, in the tot;~l ;:mount of approximately .~1,825.00 was accepted,, subject to the a~r~roval of Councilmvn liolland. Proof of publication of Invitation to '3id on f,arnishing specified ca~,~t iron water ~ipe was re;d as follows: 126 The City of Delray lieacl: will receive sea, led bids at the office of the City Clerk, City ii~ 11, Oelr~y Ben-.ch, Flor-ida, until 4:30 P.~'~., EST, on Nm~day, ,l~me 25, 1951 on the f'ollowin~: 1ten: No. 1: 3143 lineal feet ~'~ 10", Bell and Spigot, Class 150, Ce:~ent lined cast Jpon pipe. Item No. 2: 1780 lineal ~eet of 6", Neehanieal joint, Class Cement lined cast iron pipe. ~;11 pipe listed above to be minimum class 105 and conform to Standard American 5¢atep ~*orks Association req~tirements. The City of Delra.y Beac} reserves t };e ri5ht to req~mst bidders to Curnist, additional i~'~ormation and to investigate the eapabili- tie~ of any bidder t .'~ l"t}pnisl~ material specified. The City o~ Delray Beael; also reserves tl~e right to re, jeer any and ,~1~ bids a~ld Lo waive formalities. CITY cfi' DEL~,Y 8E,~CII /S/ a, ith ~;. Smit~, ~ity Clerk AF1-'iDAVIT of i'JBL1CAflON DELt4~kY BE~;Cli DLLiiAY BEAGle, P,J~N BLACI, CoJN~Y, I,'LO~tlDA S T~t'I'E of COUNTY of P>~N BLACI; Before the undersJf;ned a ~thority personally appeared Hitliard who on oatt~ says that he is }ianager of theDelray Beach News, a weekly newspaper published at Delray Beac} in Palm Beach County, florida; that the a~tached co~y of advertisement, beJn~ a legal for the City of Delray Beach in the matter of an Invita- tion to ~id, was published in said newspape~ in the issues of June 7, 14, 1951. Affiant further says that the said Oelray Beack 'News is a newspape~ published at Delray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been contin- uously published in said l'alm aeack County, i lorida, each Fridar and has be, n entered as second class mail matter at the office in Del~ay Seach, in said i'alm Beacl' County, l.lorida, for a period of one year' next pi~eceding the fJrsi publication of the att, ched copy of advertisement; and arrant further says that he has neither paid nor promised any person, firm or corporation any discount, rebate, commission o~~ refund for the purpose of see.ir- lng th. is advertisement for publication in the said newspaper. /S/ herr'itt a. Hilliard (Seal) The following three bids were received in response to the foregoing notice: 1. Crane Co. of West Palm Beach, 2. ~merican Ca at iron Pipe ~o. of oirmingham,~la. 3. Peninsular Supply ~o. afl, est Palm Beach, Fla. Upon motion of Councilman kabler, seconded by Co~ncilman ,toth, and unanimously carried, ~e above bids were referred to the City Manager for tabulation a~] recommendation to the Co moil at its next meeting. The Clerk t~en presented proof of publication of invitation to iiid on p~,intin.~, the exterior o£ tl~e City tiall and N,lnicipal ?ool buildings, which was snread upon the mimttes as ~ollo~s: The City of Delray Beac}~ ~ill receive bids until 4:30 EST, Nonday, June 25, 1951 at tl~e office of tl,e City Clepk on the following: Item No. l: l~o furnish all labor and mater'i~ls for paint- in.~ exterior of City li~ll, SL 5th ~ven,~e, l)elr~y deach, Fla. lte,, No. 2: io furnish all l~;bor anq materials fop p~int- ing exterior of Delray Death Nunicipal Pool Casino East .,tl~ntic ,,venue ~,nd So~th Oce;n Boulevard, Delray .3e~ch, Flor- ida. Specifications are on file at t}..e ~f~ ice of lhe City Clerk, L:a~h bidder will be required to mske his own inspection of the building to acquaJnt himself with the are;~ and type of surf. ce. The City of ~elr~y 3each reso~,ves tl~e right to reject any or all bids ~nd to waive formalities. CI~~ OF DLLiL.Y B~,kCII /S/ ,tUTii ~[. S5IITII, City Clerk AFI:~I1)~IV ] T OF.~ ..... JBLiC~,iION' ' DLL~t,~Y BL,~CI,~ iL&L BL~CII C~JNTY, I LO*tlDA ST,ITL OF FLO,~IDA COUNTY ol,' P~ILN BL,iCIt B. Ililli,~rd who on oath says that he is Manager of the Beach News, a veekly newspaper p~tblished at Delray Beach in Pain: Beach County, *'lopida; that the att~ched copy of advertise- ment, being a legal for City of Delray Beach in the matter of an Invit:.~tion to Bid~ ~as D~blished in s~;id newspaper in the is- sues of Jtme 14 and 21~ 1951. ,iffiant f~thep says ti~at tl~e said Delray Beach News is a newspaper ?tblished at Delpay Beach, in said 2alto Beach County~ Flopifla~ and that the said newspaper h~s heretofore been contin- uously published in snid Palm Beach Co ,nty, Florida, each Friday and has been entered t~s second class mail matter at the post office in Delra. y Beach, in said Palm ileaeh gounty~ Florida, fop a period of one year next preceding ~e first p~tblioation of the attached copy of advertisement; and affitnt Further sa.ys that he has neither paid. nor promised any person, firm or corporation any disoo~mt~ bate, commission of refund Pop tt~e purpose oP securing this adver- tisement fop p,~blication in the said newspaper. /S/ ~iepritt B. Ililliapfl (Seal) Three bids were received in response to tl..e above notice, which were read as follows: 1. Ill, gert' s 2. W. il. Davis 3. ~. E. liagerman Upon motion of Councilman Kabler~ seconded by Councilman i{oth, c/25/51 and unanim,.~sly carried, the above bids were referred t,, the City ~anager for table,at, ion and r~c..n:me~(tation. Anpl ica ti on of Fred ~: i.em,ie ~tton of hiami, for lice~se to peddle Ice Cream, in connection with their license to ped(~le fish, was approved, providin~ they agree to peddle only west of B'est [.~irst ~venue. Upon motion of Co,mcilman kabler, secm~ded by Co~mcilman Jacobs, and unanjmo~sly carr]ed, the City .~ttorney was instructed to draft an Urdinance to prohibit peddling of any k]nd will,in the City, and submit same to the City Nanager for approval. The following Resol~tion was then presented by the City At- tol-ney, and same was read in full: Iff. SOLUTION NO. 801 A ~SOLUTION OF TIlE CITY COUNCIL OF Tile CITY OF DELRAY BEACII, FLOi~IDA, I[E'-~UESTING TIlL STATE i~O~) DEP~llT)~NT OF TIIE STATE OF ]~,OltlI)A, AND TIlE COUNrY OF PA~I BEACH, FLOiiIDA~ TO ~PAIR, ~I~INTAIN, ~PAVE, AND I~'IDEN CL~lTAIN COUNTY AND STATE I[OADS ~I~IlN TI~ HUNICIPAL ~t ~UNDA~lES OF DE'lAY BEAC~t, FL0~I~)A. ~ttl~iEAS~ the City of Delray Beach, Palm Beach County, Florida~ is financially unable to maintain~ renave~ repair-and widen the County and State ~ioads within the Nunicipal boundaries of this City~ and YliE~EAS~ certain oF such State and County iloads are in serious need of maintenance~ repair~ widening and resarf~.cing~ NO'~ TIt~LF01tE~ be it resolved by the City Council of the City of Delray Beach, Florida~ as follows: SECTION 1: Thi~t the State lload Department of the State oC Flor- ida and/or the County oC P~lm ~each~ Florida~ pave Northeast Second Avenue from Atlantic avenue to Northeast Second Street. from curb to curb; and repave and widen to a width oF thirty (30~ feet said Northeast Second Street to Nortl~east Thirteenth Street~ in the City of belray Beach, Florida. SECTION 2: That the State iload Department of the State oC Florida~ and/Or the County of Palm Beach, ~lorida~ oil and sand Fifth Avenue from O~e north City limits to the South City limits. SECtioN 3: That the Stute Road Department of the State oC Flor- ida, and/or the County o$ Palm Beach, klorida, repave ~ith asphalt cemen~ mix, Atlantic Avenue from the Seaboard ~ir Line Railroad '-- tracks on Ocean Boulevard, in the Cityof Delray 8each~ Florida. sECrl0N 4: That copies oF this ilesolution be sent to Ilonorable Ben F. Sundy~ ~d to the State Road Department, ~t Tallahassee, Flor- ida. PASSEI~ ~LND AD01:TED by the City Council of the City of Delray Beach, Florida, this 25th day of June, ,.~.~ 1951 /S/ J. L. Saunders ~layor AT'rE ~ T: ,tuth g. Smith C~ty Clerk (Seal) A motion was made by Councilman Kabler and sec~mded by Coun- cilman ,toth~ that the foregoing iteso~ution No. S01 be pas~ed and adopted as read~ a~l that a copY be sent to gounty Commissioner Ben Sundy~ and to the State ~toad Department. Upon call oF roll the motion car~'ied unan~mo~sly. Councilman Jacobs advised the Council that he had seen the documents in connection with the sanitary sewerage su~'vey made by Smit~ & G~llesp~e, Engineers~ and also the two cancelled checks for ~1') 250 00 each ~hich were pa~d to Smith & G~llesp~e for making the survey, fie was of the opinion that the City could hire a~other Engineer to do the work~ but he was do'ubtful if ano- ther Engineep w~:~uld be willing to use these plans, kie recommended that the Council conside~ going ahead with the project in the - near fut,.Ire. ~lr. Jacobs again urged the Council to start the construction of addltional jail space, and a room for the Tax Assessor's off~ce. ti~th reference to the collection of debris from a.coustruction job, City hana.er Lovelace stated that from the standpoint of the ~nterest of the City at large, he did not believe that City forces should pick up refuse from a construction job~ but that the contractor should be required to remove it himself. The Council unanimously agreed that such a policy should be establish- ed. The ~otncil was advised that the small shack owned by Fred Link~ located on Lot 1, Block 5~ Del lda Park~ in v~olatlon of the Zoning 0rd~nance, has not beer removed~ although c,r. Link has been req~ested sevePal times to have same Pe~oved. ~xr. Love- lace stated that he had received two more compla, ints~ and recom- mended that hr. L~nk be notified, by registered letter~ that the shack m~st be removed in l0 - 15 days~ or tl'~e City -.'il~ prefer charges against him in Co'.~rt~ and upon motion o~ Councilman Jacobs~ seconded by Councilman kabler~ and un~n~nmusly car~-'ied~ tl:~e City ,~t~orney was instructed to notify i~,r. Llnk tlmt the City will t~,ke such action. The meeting then adjourned. City Clerk ~layor