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07-08-46 Regular ~Id'> I COUNCIL CHAMBERS JUlye~h; ;L946 Regular meeting of the CityCo~noil of the City of Delray Beaoh WaS held iJ1 the Counoil Chambers at '7 :~O P.M. with Mayor M.M,' DeWitt in the Ohair. City lCanager H. P. Edmond. City Attorney J. W. Nowlin, and the following Councilmen present: B. C. Butler and C. J. White, a quorum being present. TheMin~es of the meeting held June 24th were present- ed and approved. Mayor DeWitt announoed that a COUnoilman would be appoint- ed at this meeting to till the vaoanoy caused.by the resignation of Air.C. ". Hill, to eene until Januar1 1st. 194'1.. Attl),e Gen- eral City Election to be held in Deoember two Councilmen will be elected for regular terms, and one to sel'.ve for the unexpired term of Air. Hill. .. the -r.. -r. J. B. Smith was nominated Hby Coun,cilman Butler. and nomination wae seoonded by Counoilmen White. Upon oall of' roll Smith wasunenimously ohosen as Counollman to rill this vaoanoy. Mr. Smith was sworn into ortice by the City Clerk, where" upon he took hisplaoe at the Counoil table. ,,-,.-t ' 'rile apPt'l!.l1t1'l1ent ~ a Vice4l:ayot was postponed \1l1t11 a later meeting when all Councilmen were present. Oity Attorney Bow1inpl'esented a check of Aaron T. Smock in the amount of ,8500.008S the ba1anoeof the purchase price of Lot %:I less the .I!:. 3' and all of 10"s 3and 4. less the S. l~t there- of, Blook 69. explaining that the Atlantio Title Company woUld in- sure the ,title to thie property providing all baok taxes are paid in full. Upon motion of Councilman White, seoonded by Counoilman Butler. the Oity Attorney was instruoted to pay all baok taxes on the above property at the 1:owe8t poss ible t:tgure. Counoil also agreed to dedicate the south 14' of Block 69 for street purposes. . .A moUoD was made by Councilma)1Butler, seoonded b;r OounoUman White. that the JIlIayor and 011;1 Olerk be autborizedto execute the deed. and uponoal1 of 1'011 the motion oarried unani- moUsly. . Pl'. W. C. Williams request tor a right of way to his property in the southwest section was presented by City Manaser Edmond who pointed out that the property neEded to build a road to Dr. Williams property would either have to be condemned or an ,agreement would have to be made with the property owners. At the suggestion ot councUman White the City Attorney was instruoted to investigate and see how many parties would be involved in cutt- ing through a street which would extend about lis mile. from Atlantio Avenue to 8sctfon corners 19~20. 9--102.~ J.ulY Stll. 1946 ~he application of' De1ray Jewllers, uuy P. Hartman and Leo Silvestry. operators; for an occupatlonal license to operate a Je~lry store at 118 Eaet A!lantio Avenue. was presented for the approval of the counoil. As the applioation was in order, a motion was made by Councilman White. Seconded by Councilman Butler. unanimously oarried, that the license be granted. A letter from Munioipal Judge W. E. Wiloox was read, as follows: "Honorab1e city Council City Gentlemen: I would like to call to your attention. the Court sentenoe that is being carried on'the Court Docket of this olty on Mr. 90hn Staten. ..... Mr. Staten was tried in the Munioipal Oourt on April 2nd, 1946 and was found guilty of the oharges placed against him. Be. was sentenced to :;IeI've sixty days in Jail and while serving his .~ntence his wofe bec~me very ill. Upon the recommendation of a doc~or the Qouncil approved his release with the understanding be return and finish sentenoe whenbis wife recovered sufficiently_ I have been advieed thatMI'. and Mrs. Staten have left town. and not knowing whether or not they will return. I would like to reoommend that the Council take the steps necessary to remove from the court reoords the balanoe of this sentence. , Respeotfully. \Slgnedl W..lS. ,wiloox Judge; Municipal Oourt" Atter diecussion Councilman White mowed that the sentence be suspended as long ae Mr. Staten remains out of town; the balanoe of the sentence to be served upon his return to Delray ~each. !he motion was seoonded by' Councilman Butler. and upon csll of roll carried unanimously. 'l'he Clerk presented a request from Ibo. Glenn Warner tor an adjustment on unpaid City taxes prior to 1931 on property Which he is acquiring in sUver TerraCe Subdivieion, which property has. been outside of the city limits since 1931. The total of the un- paid taxes amounted to .451.84. . Upon motion of'CouncilmanWhite, seconded by Oouncilman Butler, unanimously carried, Council agreed to aooept a' cash PaY- ment of' $615.00 to cover the taxes in full, providing the pa~ent is made by JulY, a2nd,. '"" 'r; c tj :i (:, {i . i:S, .Xi :~ '.'~ j,; ;;'~ 'J' '..1 " ~J ~: ~i ';;;' ,'J 'd-Ja ~3 July 8th, 1946 The f'ollowing two letters, regarding the establishment of an airport at De1ray ~eaoh, were read. "Mr. Marshall DeWitt Delray Beech. l'1orida. Dear Mr. DeWif:t: At the suggestion of my friend Mr~ Harvey Ruf'fin of Delray andO~ange. Virginia. I am. writing you in regard to the airport situation at Del~~ . The 1!8ber Flying Servi.ce of whioh. I am Secl'etery and Treaeural' ie desirous of' securing a 10oation 11, Florlda to oper- ate in oonjunction with the Valley Airport,of Waynesboro, Vir- ginia, which they how own and operate. Our oompany is experienoed.and suocessful in the AVia- tion i'ieJ.d, he'flng founded and operated 'the Valley Airport aino. le2? whioh makes it the oldest cOlJlll1eroial airport in the I'llate. we ha.e & 11 present tive praotioally new trainiag planes, with a.Jt'V.ebilllitable f'or charter work and additional trainers on order. The personnel of our oompany ooasiate of. in addition to myself, t~ee exc~ptionally well qualified pilots. all with more than ten years flying exPerienoe aDd all with experience .. flying inetruotors in the Army. They are also skilled and lioensed aviation meChanics. . My oompany would be interested in any kind of proposition that would give us a winter base at De1ray. Our requirements would not be great to begin with. .nYlev~l field within three miles of the city limits thet would accoJnodete two strips at approximate right angles to eaoh other, unobatructed and 1800 or more feet in length and 200 feet wide. I am personally very much interested in Delray as our winter location. During the WBr I served at Booa Raton tor lp months as E:w;change and Operations Offieer'-and lived inlJelfaT. WhereJllre. Loth and I have many valued fIliends. . Should there be a possibility of our Obtaining a looation and you would like additional information regarding our company, I WOUld refer you to the . Citizens Bant SInd Trust Company, Thelirst ~ationalBank and the Chamber of Commeroe, all of' this oity, and OG~. Allan'P.rkinson, Dlr.c~or of Aeronautic8, State Corporation Commission. Room 90'1 Travelers BuUding. Richmond, Vi1"ginia. Trusting the t I may have a favorable reply from you in the near tuture,I am, . <) i\ '~. ~el'Y truly Yours. FADER. FLYING SlmV1;CE?mO. Carl C. Lo~h. Seo.....'f1\ea. . 'd-lo~t iTuly 8th, 1940 '!'he Hon. Marshall DeWitt Mayor of De1ray Beaoh, Florida. Dear Mr. DeWitt: In ,pite of the fact that oonditions in respect to labor and building materials still seem to be very bad. it is my present intention to arrive in Delrsy Beach around the middle of July to get as many looal bids as possible for the oommencement of the construction of' the Delray Beach Airpark Center projeot. It will have to be a quickti'ip inasmuoh as .foseph P. Day. Inc. is auctioning off our Airpark in Virginia.on August 3rd. and I must be back bef'ore that date. Our activ- ities in :t.atim .America have increased so rapidly that we decided to dispose of our Virginia Airpark So that we will have more time and capital for our Delray project. If all goes aocording to schedule and a eatistacto1'7 oontraot oan be arranged for, we hope to start oonstruction in the early Fall. With my regards to yourself and the other members of the Oounci1. I remain ' Sinoerely yours. John A. Talbot. irr. Mayor DeWitt explained that 8 service of this kind would be a benefit to De1ray Beaoh~ al1d that the Counoil had agreed to oooperatewith Mr. 'ralb6trend no one else, but htere should be a time limit. Mr. DeWitt s~gested that we write Mr. Talbot advising him that we COUld 'Dot wait longer lI'han the middle of July for some aotion f'rom him, 'as we have had another inquiry and we are anxio~ to go ahead with the projeot, and if no construotion is star'ted, by September 1st our obligation to him will. be ended. An ordinance was introduced by City Attorney J. W. .NoWlin to provide for eob,ange l!the zoning restr!ctione .1n Section 18. on West Atlentio.Avellue near the Seaboard Airline RailWaY, the requeet, fc>l' rezodI)g having been JIl!i\Qe bY.'llll,l paoif~o .ioumber Co-. Jlr. clI'red Sellers; E1WJler of'tlte pr~~Y. agreed to deed 25 feet to the City, along ;'Uantic Av_~Fifrom 11th Avenue to 15th Avenue. for<streetpJUlPoees it the city would, bring their wa tel' 11ne to hil!prope rty . Mr.. Sellere empha8ized the fact that property,ownere in that vioinity were willing to furnish their OWJl pipe in order to obtaih water servioe. . ;)-bS~ July 8th. 1946 city Manager Edmond was asked to contaot the paoking houses and owners of the property in this vicinity to see if they are interested in getting wster for fire protection and 8eneral. use. and if so to submit a proposition to the City. 4 motion was made by counoilman White. seconded by Councilman Butler, unanimously carried. that the ordinance be placed on its first reading. and same was read in full: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH. FLORIDA. PLACING r CERTAIN PROPERTY IN CERTAIN DISTRICTS UNDER THE CITY ZONING ORDINANCE. City Attorney Nowlin then- presented an ordinanoe to provide for parallel parking on Atlantic Avenue. A motion wes made by Couno~lll1an Butler, seoonded by Councilman White, that the.ordinanoe be placed on first readipg, and upon call of roll the motion oarried unanimously. Ihe fore- going ordinance was read in full. Mayor DeWitt stated that she COunoil must deoide at onoe whtther they are interested in~ntering injo an S8reement tor water softeners for indiVidual use. It was t~ consenBlUI of the Council that if the City 1'U:t'Dished the s/of'tenere the,- wou1d have to servlce the., whioh undollblledly would not prove prof'it.aUe for the City. aDd that it would be better for an 01l'tsider to handle it tor at least a yeer. the City to teke it ~er later if they eee tit. Mr. J .N. .ICab:ler a.ddresseCl theCol1noll wi tb referenoe to the omission of the north halt of ,Bl~C)k t59 in the .Ordinanoe passed and adopted June 24th. Changing the zoning regulations of ~.rroperty in that vio~nity to an 4pal'tment HO\llle 1>1st1:10t. ,Mr. Kabler was instruoted to f'Ue a letter signed by the ~onini Oommission, stating that it was the1r intentl.on,to inolude the north half of ~lock 169 in this orUnsnoe, to b aoted upon at the next meetlDg. . Mr. W. O. Winn, Qi\y Auditor, wae instruoted to write e l~ter to the Council stating that the reoords otKra. Catbertae I. St1'ong, the former City Treasurer, had been audited and foun4 to be in order, ooverlDg the entire petiod of her oftioe. Upon reoommendation of the linance Committee, bills totaling .25,891.14. Bos. 3492-3495 and 3113-3555 were ordered paid. .. Mayor DeWitt then appointed Councilman Smith to serve on the .following committees; F:tnanoeand Ordinance Committee Weller COmll1ittee Chafmnan of tbe Sanitation Committee .~b~t July 8th, 1946 City Attorney Nowlin reported that Mr. Geo. ~. BUllard, a representative of the purchasers of bur Water Revenue Certifi- cates had called on him in reference to a proposed ordinance in oonnection with the validation of our certificates. As the ordinance was nit in exact acoordanoe with Florida State ~aw, and as our State Law provides that either an ordinance or-resolution may be passed by the Council, it was agreed to present a resolution 'at the next Council meeting, whioh would become effeotive immediately. Mr. Nowlin advised the Council that Jt would be possible to enter into a contraot with an ~ngineering ~ompany for carrying out the water works projeot contingent upon the. validation ot the certifioatee. Councilman White euggested that Smith & Gi11espie be instruoted to prepare plans relating to elevator atorage tanks and submit them as soon as possible. if they will agree to accept a oontraot dependent upon the validation of the oertif'ieatee. A form of contract with City Attorney J. W. Nowlin for the validation of the water Revenue Certificates was presented. and same was read in full: Thie oontraot made and entered into on this the day of . 1946. between the City of Delra, BeaCh, ~lorida1.. hereinafter referred to as the party of he first part. and J."~ Nowlin. hereinaf'ter referred to as the party of the second part, o WITNESSE'l'H that for and in consideration of' the mu'\lua]. oovenante and agreements herein oontained. the parties hereto mutually agree as follows: 1. The Party of the first part hereb, retains the party of' the seoond part es its attorney to perf'eot validation proceedings in the Cirouit Court of Palm Beaoh County, llorida. and the Supreme Court of the State of Floride, for the issuanoe, of' approximately '350,000.00 in municipal 'water revenue oertificates. 2. The Party of tile second part, as attorney for the City of Delray Beaoh. Florida, agrees to prepare all legal papers necessary to authorize the issuanoe ot SUCI1 water works revenl1e certificates and to institute validation proceedings thereon in the Circuit Court of Palm Beaoh,County, Ilorida. and to oarry such proceedings through the Supreme Court of Florida on appeal from the decree of the Circuit fourt. , 3. the party of the firet pert agrees to pay the party of the seoond part f'or his legal services rendered in such prooeed- ings the sum of .2,500.00 and in adition thereto the party €It the first part will pay the aotual ~ourt cost of suoh prooeed~ ing& bond in the Cirouit Court and in the Supreme Court of the State of Florida. ;ruly 8th. 1946 4. The party of the seoond part agrees to institute such validation proceedings as soon as they can be legally instituted and to carry such prooe dings through with all reasonable prompt- ness. IB WITNESS WHEREOF, the parties hereto have caused this agreement to be executed the day and year first ab ve written. ATTEST: City Glerk WITNESSES: p~ty of Seoond 'Part. WITNESSES: A motion was made by Gounc1~man butler, seconded by Oouncilman ~ite, that the City enter into such oontraot with the City Attorney for the validation of the water revenue certificates. and upon call of roll the aotion carried unani- mously. With reference to the renewal of the franchise of the Florida k'ower &: Light 00., Councilman WJ1s. te suggested that the matter be tabled until September 9th. as one or more of the Councilmen would be absent from the City during the sWlllller. JAr. Charles senior, local lII8nager of' the .i!'lorida Power &: Light Go. stated that his Gompan1 was not in favor of the propoeition offered by the City and probably many con- fefSnces wo~dbe neoessary in order to .rrive at an agreement with the qity, s).lggesting that ~he matter be tabled unUl the 2nd meeting in ~epte.ber. or september 23rd. when the entire counoil would be present. In a motion made by Counoilman IIhite. seconded by eounci1man Butler, unanimOUSly ~al'ried, any aotion on the re- tehled until September 23rd.. ,. ~ 10 e,' . July 8th. 1946 By agreement of the Council as a whole a thirty day extension was given the '.raxAAssessorfor preparing the 1946 Tax Roll. Council will sit as a Board of Equalization the second Monday in August, in a020rdance with the city Charter. Ci ty Clerk i I i ,.~~,," l~ ',}.~ <z,'b f ; ';" "