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09-13-48SpMtg SEPTEmbER 13, 19d8 A Special meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 2:00 p. m. with Mayor Brannon in the Chair, and City Manager Charles E. Black, City Attorney John Moore, and th~ following Councilmen present: M. M. DeWitt and John N. Kabler, a quorum being present. City Attorney Moore advised the Co,~ncil of having received notice of a s,zit filed by C. C. '£ownes to establish title to a 30 acre tract of land in Sect,.on described as the West 3/J~ of the NE~ ~l/& of the NE l/d, less railroad i-/w.~ T~e City obtained title to the land through a foreclosure suit in 1937, and the former owner, Mr. A. A. Roussea,A, not knowing of the City's title, had sold the land to ~r. C. C. Townes. He explained that most of the land is outside of the City limits. believed that he could show that the City had a better title than ~,{r. Townes, although the Council minutes showed that in !9~,l the Council had agreed to cancel delinquent taxes on property once in the City but now out~ide of the City limits, in exchange for the cancellation of Lake Worth Drainage District tax certificates on Golf Course property. He asked for an opinion from the Council as to whether or not they wanted him to attempt to Drove the City' s title to the property. Upon mote'on of Councilman De';~itt, seconded by Councilman Ksbler, unanimously carried, the City Attorney was instructed to defend the City's interest. The following letter of resignation from Mr. A. L. Greenwood, as Tax Assessor and Collector, was p~sented and read: "August 31, 1948 M~~. Chas. E. Black, City Manager City of Delray Be~ach Delray Beach, Florida Dear Mr. Black: Due to the apparent dissatisfaction of certain members of the City Council with the performance of my duties as Tax Ass~,sso~~ and Collector, it would seem advisaSle to, and I do hereby, tender my resignation to take effect on October first. I wish to take this opportunity of emphasizing the fact the exectution of my work has been without prejudice or favor, and in my judgment, to the best interest of the property o~vners, and the City of Delray Beach as a It has been a pleasure to have been associated with you personally, and I have at, joyed to cooperation and fellowship of the entire fine personnel of City Hall. Sincerel~~ yours, (Sigr~ed) A. L. Greenwood" City Manager Black stated that he was considering two persons for the position, Mrs. Alice Deaderick, his present Secretary, and Miss ~arion Hager, as he didn't know of a man who would be ~ualified for the position, for the salary it pays. He recommended that Mrs. Deaderick be given the position, as she was ~ood at meeting the public, and was efficient with figures; and that he be authorized to employ a. stenographer for his office to replace her. On motion of Councilman DeWitt, seconded by Councilman Kabler, unanimously carried, the foregoing recommendation of the City Manager was approved. SEPTEI~BER 1~, The millage to be set for the coming fiscal year was discussed by the Council and in a motion by Councilm~ DeWitt, seconded by Councilman Kabler, unanimously carried, agreed to set the millage as follows: Operating millage 11 D~bt Service 6 Special Benefits 2 a clause to be inserted in the Resolution approving the budget and setting the millage, whereby if the Special Benefits Tax is declared illegal this two mills shall be added to the Operating millage; and that one mill of the Operating millage be set aside for a Revolving Improvement Fund and~Permanent Disaster Fund. City Attorney Moore stated that there was a doubt in his mind as to a Special Benefits Tax being a legal levy, and suggested that a test case be instituted in the Circuit Court immediately. It was the consensus of opinion of the Council, however, that by inserting a clause that this two mill levy could be added to the operating millage in case of a contest of its legality, that the millage as set out in the above motion should be approved. The two mills Special Benefits Levy was set up to provide the follow'.zng funds: $ lO,O00 for Public Library 7,200 for Recreation AssoCiations (White and Colored) 9,297.&9 for Beach Restoration. The City Manager advised the Cour~cil of the need of a tapping machine, for the ~.~ater Department, stating that he had received an estimate of approximately $ 1,O00.OO for a machine that would ma~e from 2" to 6" taps, complete with attachments. The machine now being used will make only l" taps, which makes it necessary to make 3 taps to get one 2" tap. A motion was made by Councilman Kabler, seconded by Councilman De~itt that the City Manager be instr~Acted to advertise for bids on this equipment, and upon call of roll the motion carried unanimously. City Manager Black then outlined a plan for resurfacing streets where needed at a cost of approximately $ 1.OO per foot, by renting equipment and personel and purchasing materials from the Rubin Construction Company. In this way it would not be necessary to advertise for bids, as it would amount to the City doing the work. This is the only Company in the County with this resurfacing equipment, and our allottment of about ~ 2300.00 from the State Road Deoartment could be used for this street repair work. After discussion, a motion was made by Councilm~n DeWitt, seconded by Councilman Kabler, that the .City Manager be authorized to rent the equipment, and proceed with the work as he outlined, and upon call of roll the motion carried unanimously. There being no more. business to come before the Council, the meeting ~ adjourned. (Signed) Ruth R. Smith City Clerk