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05-13-46 Regular ') " '1 , '" J, :.,~.J ',' ~ COUNCIL CHAMBER May 13, 1946 The Council met in regular session at 7:30 P.M., with all members of the City Council and Attorney Nowlin present, except Mr. White who was absent. Mayor DeWitt asked if anyone in the audience wished tile minutes of meetings held April 22, 23, 27, fuay 3, and 6th read. No one did, so minutes were approved as written. The Mayor reported total ing ~ebruary was 21,619,000 gals. April- 31,~10,000 gals. water consumDtion dur- March 24, 964,000 gals. The City Manager submitted plat of block 42 for the Council's approval. made, seconded and unanimously carried, ed the pla t and instructed the Cl erk to and the seal of the City on same. of the we st third By motion regularly the Council accept- affix her signature ~ext Mr. Edmond submitted plat of ~ea Spray Estate which he recommended be acoepted. By motion regularly made, seconded and unanimously carried the plat was accepted, and Clerk instructed to affix her signature and seal of the City on same. The Manager stated Mr. Gable had purchased 18 lots off Swinton Avenue on Pineridge Avenue and had offered to donate the west 25' of the lots to the city for road right of way, providing the city would pave Pineri~ge Avenue. After disoussing the matter, the manager was asked to pre- ,.., pare figures as to cost of the work and submit it 1ld>the Council at next regular meeting. Mr. ~dmond reported he had asked for bids on fuhe printing of city code and charter as follows:- 25 copies for city officials use in a National Binder. 200 complete copies in paper binder. 100 chapters on Traffic Regulations and 100 chapters on zoning, bound in paper. Florida Printing Company of Lake Worth bid Delray Beach News bid $1,466.50 855.00 This matter was turned over to the Finance Commit~ee for further study. Mr. L. L. Ashley addressed the Council requesting occupational license be issued him for operation of Bow- ling Alley. Mr. Ashely said if issued a license he would ODerate a nice clean bowling alle", closing $tlO P.M. each night. The Mayor advised him that when an alley was operated at that location previously many complaints were made by property owners as to the noise. Mr. Ashley ask- ed the Council if he could operate the alley without a . May 13, 1946 .;.:~ ')01 .{.00 license providing he did not charge a fee to play, just allowed players to donate something. He stated if he could not get a license to operate it in an orderly way he would open a free alley and operate it in a noisy manner. Mayor DeWitt advised Mr. Ashley if he took this attitude, as soon as the noise became offensive, the City would close the alley. After much discussion, the Mayor informed Mr. Ashley the Council would abide by their pre- vious decis~on, not issuing him a license. Dr. W. C. Williams asked the Council to extend First Avenue northward and Third Street westward as he o,~s l2 lots in that vici~ity which are of no use with- out streets. The Mayor advised the work could only be done if the cash was put up for the work first. The City has no money on hand to do road work at this time. Dr. Williams stated he would put the street in provid- ing he was assured he could collect his money back from the persons abutting the road on the other side. Lhe Council agreed to check into this matter further, ad- vising Dr. Williams by May 27th. Dr. Williams stated he owned some city tax certificates on a piece of property, and he wished to take the latest certificate issued and have the city clerk issue him a tax deed on it. ne stated the Clerk refused to do this on advise of the City Attorney. The Clerk told Mr. Williams she had always been under the impression the old outstanding certificates had to be redeemed before tax deed could be issued ana later certificate. The City Attorney read excerpt from the city charter whiCh stated that all outstanding tarcer- tificates must be redeemed first before deed can be issued on a later dated certificate. . The following bills on Water Plant Improvement Work were by motion regularly made, seconded and unani- mously carried ordered paid:- (The bills were approved by City Manager and Engineers). Mike Blan( Nurseries NuWay Plumbing Company $ 5,004.45 11,689.07 The Clerk reported having received oheck from County on taxes and liens owing the city and asked where they wished any overpayment to be applied on the books. She was instructed ~o put any-overpayments under the Miscellaneous Revenue Account. . Request for license to operate a candy store in Residence "C" zone near the colored school was presented for Freddie & Hattie Monroe. Prof. Spady had a~vised the Manager he saw no objection to issuing the license. The matter was tabled until a study can be made of the zoning in that vicinity. .~,. ',..~ 3, [' ~\ 0 May 13, 1946 ...,.,~ ~'!I.' ~he Manager was instructed to notify the Zoning Board that the Council believes an emerGency exists re- garding re-zonin& of property as outlined in letter to the Zoning Board dated uecember 31, 1945, and requesting that the Zoning Board make their recoffiIDenGation in the very near future on this matter. 'fhe Clerk 'VAl' instructed to issue occupational licenses to the following;- Wm. D. Wade J. G. Bennett and ~. G. J'ohn M00!li'1II. ljig G. Corp. Phares, Electrlux Corp., and Bills # 3315-3332-3334-3378, totaling $8, 525.63 having been approved by the Finance Committee, were order- ed paid. ~..., mayor DeWitt .appointed Mr. McNeece to take the place of Mr. White on the Finance Committee during 1~. Whi te 's absence from the city. Mext Mayor DeWitt submitted resignation as city clerk from Catherine Strong, effective June 15t'1. He ex- pressed appreciation to ~s. Strong for her service which he stated were entirely satisfactory. By motion regularly made, seconded and unanimously carried, Mrs. Strong's re- signation was accepted with regret. Manager Edmond was instructed to secure someone to fill the clerk's offiee. The Mayor asked Mr. Turnbull who was in the aud- ience to bring into the Managers office a description of the 25 acres in the southwest section of town which he .. wishes to sell to the City. It was the opinion of the entire Council that the Manager could take over the operation of the Golf Course until the return in the fall j)f~.!l". 0 'Neal, and he was so instructed. At the request of the Title Insurance Company, Mr. A. T. Smook was granted an additional thiryy days to find out whether or not he could get title insurance on the property he contemplates purchasing from the city in block 69. This would allow Mr. Smock until June 23rd to mal~e his de cis ion. . , The City Attorney and City Manager agreed to work out details regarding Water Revenue CertificatE program. It was regularly moved, seconded and unanimously carried that the Manager be authorized to ask for bids on the $350,000 worth of Yater RevenUE Certificates. ,'1':''':)' L,,)')' May 13, 1946 "'. Next the Council discussed right of way on S. W. Fourth Street, and Attorney Nowlin agreed to write Mr. Voight who represents Miss Bell the owner, to try to work out something definate with him.. The following Ordinance was placed on its first reading by motion regularly made, seconded and unanimously carried:- 'O~Wt1~NC1? G-4 AN ORDrnANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDleJG THAT CERi' TArn BUSINESSES MU,T BE OPERATED WITIIrn BUILD'" INGS WITHIN THE CITY OF DELRAY BEACH, FLORIDA. . The City Attorney advised that hE is working on notices now to send persons having 8 lien on any of the properties on which the city is foreclosing. There are 413 pieces of propErty in the foreclosure. He thinks all thE notices will be ready for mailing by !'ay 28th., then it would be thirty days before filing thE bill of com- plaint, which would make thE confirmation date about the 10th. of September. Attorney Nowlin advised that the Fla. POWEr.&. ~ Light franohise exp1reEl on (ilctQl;ler 'llth. and he thought perhaps the Council would like to know that the old franchise gives the city the right to purchase the equip- ment involved in the transaction. He said perhaps Mr. Senior is working on a proposition to submit to the Council. Mr. Nowlin stated a percentaGe franchise would be alright. ~ The City Attorney agreEd to contact Mr. McFee again regarding signing of agreement. There being no further business to come before the Council, Council adjourried. __O-aio......-' n. City Clerk ~.~ Attest: .,~ Mayor