06-10-46 Regular
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JUNE 10TH, 1946.
Regular meeting of the City Council of the City of Delray Beach
was held in the Council Chambers a1;; 7:30 P. M. with Mayor M. M. DeWitt
in the Chair, City Manager H. P. Edmond, City Attorney J. W. Nowlin
and the following Councilmen present: Fred B. McNeece and C. W. Hill.
The minutes of meetings held May 27th and June 1st were presented
and approved as written.
The Clerk presented a letter frcm City Attorney Nowlin regarding
Blocks A, B & C in Del Ida Park which are on the list of State owned
land, suggesting that the City acquire these blocks to be used as small
parks. It was brought to the attention of the Council that these tracts
were owned by the City on the original plat and should never have been
assessed by the state. Mr. Nowlin was asked to check further and report
to the Council at their next meeting.
The list of properties on the 1945 Tax Sale was filed by the Clerk,
who explained that all Tax Sale Certificates were purchased by the City,"
asking the Council if the City intended to keep the certificates, letting
the owners redeem them if they wished, or if the City would sell the
certificates to outside buyers. The City Attorney suggested that the
City keep all certificates not redeemed by the owners, for two years,
and then start foreclosure proceedings, which suggestion me;!> with the
approval of the Council.
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The application of Neil E. MacMillan, Attorney, for occupational
license was presented, together with two letters of recommendation. As
personal property bond had been posted by Mr. MacMillan, a motion was
made by Councilman McNeece, setronded by Councilman Hill, that license be
granted, and upon call of roll the motion carried unan.iJnously.
The application of Caldwell-$cott of Ft. Lauderdale, for a General
Contractor's license was presented, but as no references had been re-
ceived the Clerk was instructed to hold the application until such letters
are received.
The Clerk presented a bill for 1945 personal property tax in the
amount of $ 1.20 assessed to Maggie Fair for lunch roOlll equipment, stating
that this was an incer.rect assessment as there was no personal property on
these premises, and the tax should be cancelled. A motion was made by
Councilman Hill, seconded by Councilman McNeece, that this assessment be
charged off of the 1945 personal property tax roll, and upon call of roll
the motion carried unanimously.
JUNE 10TH, 1946
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In a motion made by Councilman Hill, seconded by Councilman
McNeece, and unanimously carried, personal property tax in the name
of Neva Griffiths for household furniture was ordered cancelled
frOlll the 1945 Tax Roll, as the Clerk explained that the property
had been thoroughly checked and it had been found that there was
no furniture at this location.
Attention was called to the assessments of Blocks 18 to 25,
inclusive, in Homewood Slbdivision, which have been assessed on the
City tax rolls since 1926, in error, as Block 18 is owned by the
City and Blocks 19 through 25 are outside of the City liJIlits. City
Manager Edmond was asked to infonn Mr. Greenwood, the Tax Assessor,
not to include these Blocks in future tax rolls and to instruct the
Clerk as to the present status of this property.
City Manager Edmond reported that in checking the plat of Pine
Ridge Heights Subdivision, no provision had been made for the ex-
tension of N. W. 2nd Avenue. He stated that the City can purchase
approximately four lots necessary for this street right of way for
$ 300.00, which would be cheaper than condemning the property needed
for this street extension. In a motion made by Councilman McNeece,
seconded by Councilman Hill, unanimously carried, Mr. Eanond was in-
structed to purchase this property necessary for the street right of
, way.
A communication frOlll Mr. J. B. Evans was read by the City Manager,
asking the Assessor to assess his property as Sections instead of as
Blocks as is being done at present. The Tax Collector explained that'
lots are being sold in t!l!lse Blocks, as a Plat has been recorded setting
up the property in Blocks, and it would not be possible to change the
tax roll back to a metes and bounds description.
Council granted the request of Mr. Edmond to dispose of obsolete
fire equiplll!lnt which can not be used but which can be sold as junk.
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Bills from the NuWay Plumbing Company and Mike Blank Nurseries
for work done at the water system plant were referred to the Finance
Committee, with instructions to report on same at the next meeting.
Mr. C. Y. Syrd addressed the Council, reJ'lpe'6enting Mrs.F. Mirian ;"
StdNers who owns the W. 1/2 of the N. w. 1/4 of the N. W. 1/4 of the.
S. W. 1/4 of Section 17. This property was dedicated to the City by
the County to be used for public purposes. Mrs. Stowers having kept
her City taxes paid to date, was unaware that the County taxes had
become delinquent and title reverted to the County, until her return
frcm.abroad. Mr. Byrd recommended that the City Council request the
County to take this land off the list of properties to be dedicated
to the City in order that Mrs. Stowers might regain title to same by
applying under the Hardship law. This matter was tabled until the
meeting of June 18th.
JUNE 10TH, 1946
Mr. Byrd asked the Council whether or not the rezoning of the
Delocean property would be ccmpleted in time for his client to begin
construction of store buildings in September. Mayor DeWitt advised
that the ordinance regarding this was to be presented tonight for its
first reading.
Check in the amount of $ 991.37 from the Clerk of the Circuit
Court of Palm Beach County was turned over to the Council by Mr. Byrd,
as the City's share of funds received from the sale of County owned
property.
Mr. W. A. Jacobs addressed tile Council regarding an item in the
Delray Beach News of May 31st. He said he thought he was due an
apology inasmuch as the figures given in the newspaper were not. the
figures he quoted at the Council meeting. The figures in the paper
were misleading. Mr. Jacobs asked the Mayor if the ledger figures
were correct, Mayor DeWitt replying that the Financial Committee and
the Auditor are making an audit and when sa/ll!l is completed Mrs. Jacobs
may have a, copy of it.
Mr. Winn, City Auditor, advised that the figures in the newspaper
were carrect, 'but that they were misleading inasmuch as they were budget
figures, and that pfiople might become confused thinking there was a
surplus of funds on hand. Mayor DeWitt further advised that he got the
figures from Mr. Winn and submitted same to the newspapers, and that it
is only fair to give figures to thf:' newspaper. '
Mr. Jacobs then stated that the Charter provides that all meetings
must be open to the public, and all co1llllittee meetings must be open to
the public. He insisted that he was right, and that the ledger figures
were right, adding that a recall of the Councilmen is not impossible.
The Clerk advised that eight more Homestead Exemptions had been
allowed on the 1946 Tax Roll.
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Council agreed that all rubber signature stamps should be returned
to persons who have gone out of office.
The followj,ng Resolution was then presented, and salOO was read in
full:
RESOLUTION NO. 592
A RESOLUTION OF 'ffiE CITY COUNCIL OF 'ffiE
CITY OF DELRAY BEACH, FLORIDA, DESIGNATING
DEPCB ITORIES FOR CITY FUNDS AND PROVIDING
Frn HANDLING OF CITY SECURITIES.
RESOLVED by.the City Council of the City of Delray Beach, Florida,
that the Florida State Bank of Delray Beach, Florida, is l1ereby designated
as depository of the City of Delray Beach, Florida; and
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JUNE 10TH, 1946
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BE IT FURTHER RESOLVED that all checks, drafts or ot!l!li' orders
for the withdrawal of money, be signed by the two following authorized
signatures, RUTH R. SMITH, Cit;y Treasurer and M. M. DeWITT, MAYOR
(or in his absence or incapacity) C. W. HILL, Vice-Mayor, and the
official seal of said City of Delray Beach, Florida,- be affixed to all
checks; and
BE IT FURTHER RESOLVED that the City Clerk and the City Treasurer,
Ruth R. Smith, is hereby authorized to keep strict account and check on
all securities placed in trust in lock boxes and for the security of
City deposits, and is authorized as agent for the City of Delray Beach,
Florida, to execute receipts am make accountings on said trust securities; .iIIl1,,'
and to deal with said bonds frail time to time as she may be instructed by ""l
the City Council of the City of Delray Beach, Florida.
This Resolution shall take effect on June 16, 1946.
PASSED in regular session on this the lOth day of June, 1946.
(Si~ned) M. M. DeWitt
President of City Council
APPROVED:
(Si~ned) M. M. DeWitt
Mayor
ATTEST:
(Suned) Catherine E. Strong
City Clerk
(SEAL)
A motion was made by Councilman Hill, seconded by Councilman
McNeece, that the feregoing Resolution No. 592 be adopted as read,
and upon call of roll the motion carried unanimously.
The following Ordinance was then brought up for first reading,
and same was read in full:
AN ORDINANCE OF THE CITY COUNCIL
OF THE CITY OF DEmAY BEACH, FLORIDA,
PLACING CERTAIN PRCPERTY IN CERTAIN
DESIGNATED DJS TRIC'lS.
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Mayor DeWitt reported that there is being a great deal of interest
shown in the proposed sale of water revenue certificates, that there
have been seventeen inquiries to date.
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Mayor DeWitt also stated that the third spraying of the City dump
h&d been made, and that the County is spraying and inspecting the dump
once a week.
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JUNE 10TH, 1946
A preliminary hearing with the Florida POKer & Light Co., per-
taining to the renewal of their franchise which expires on October 11,
1946, was set for 9:00 o'clock on June 24th, after the regular Council
meeting to be held on tha t date.
Attorney C. Y. Byrd again addressed the Council urging them not
to consider a refunding bond issue at this time. He brought out the
fact that it would involve an enormous unnecessary expense to the City
and was not needed at this time. He also urged the renewal of the City'S
franchise with the Florida Power & Light Co.
Mayor DeWitt assured Mr. Byrd that the Council had never taken the
first';step tOKard the refunding of bonds.;
City Manager Edmond reported that the Engimer's time had e:xpired
on the water system repairs, but as they were ready to lay the pipe
across the canal he would like to keep Mr. Burleigh of Smith & Gillespie
until this important part of the work is completed.
Councilman McNeece moved that the City Manager try to work out a
plan with the contractors to assume the additional fee which would have
to be paid to Smith & Gillespie for their extra time, and to report back
to the Council at the meeting to be held on June 18th, and upon call of
roll the motion carried unanimously.
Mr. A. George addressed the Council regarding the issuance of water
revenue certificates for additions to the water plant. He thought it
advisable for the City to make improvements each year, as they were
financially able, rather than to issue water revenue certificates, as he
thought two additional wells would be ample for present needs.
Mr. W. O. Winn, City Auiitor, with reference to the misunderstanding
regarding the figures in the newspaper, stated that someone is spreading
an opinion that the budget operation account shows a gain, explaining
that about $ 25,000.00 of this gain is water plant gain. He reported
fUrther that his financial statement will be ready about June 15th.
Mr. Jacobs then asked the Council if the City has a Golf Course
Fund, and he was advised that funds from the Golf Course go into the
General Fund.
After some discussion a motion was made by Councilman McNeece,
seconded by Councilman Hill, to reconsider the approval of the minutes
of June 1st, and correct them to read that the Clerk was ordered to pay
the H. C. Fugate bill, in the amount of $ 668.00 for a survey of the Golf
Course, out of Golf Course receipts. Upon c~l of roll the motion carried
unanimous4r .
Councilman McNeece explain!ld that the Golf Course Committee had asked
that receipts be set up and bills be paid out of Golf Course filnds, and
that has been the procedure.
Mayor DeWitt, addressing the audience, explained why the survey of
t!l!l Golf Course had been ne~ssary. A gentlemlll had purchased twenty-
five acres of land from the City for cash, and, for this the City had
acquired considerably more acres better suited for a golf course, but
this land had not been IIIItrked out, and we weren't sure just where it
would lie. There are parts of the golf course the 'City has no deed to
JUNE 10TH, 1946
involving three or more holes, so that was t!l!l reason the survey
was made. They ran into difficulty in checking section corners, and
the cost was greater than anticipated. TIle Council felt that the City
is entitled to know just what is theirs, and it !lad been done in good
faith.
Mr. George Pinckney expressed the opinion that it would have been
very foolish not to have made the survey, but unfortunately it had cost
more than expected.
Mayor DeWitt further explained that the City does not anticipate
building more holes at the Golf Course, but there are several people
willing to build a hole apiece, and we have to have a preliminary lay-
out to show them what we plan to do.
Bills Nos. 3424, 3426 and 3428 through 3457 am 3459 through 3484,
totalling $ 7,422.25 were approved for payment.
Council then adjourned to a Speeisl meeting to be held at 7: 30 p.M.
on Tuesday, June 18th, 1946.
City Clerk
ATTEST~
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