05-13-46 Regular
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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
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May 13, 1946
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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.
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May 13, 1946
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~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.
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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. .
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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.
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May 13, 1946
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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.
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City Clerk
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Attest:
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Mayor