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12-23-46 Regular ~ December 23rd. 1946 Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P.M. with Ma;yor M.M. DeWitt in the Chair, and City Attorney J.W. Nowlin and the following Councilmen present: B.C. Butler, F.B. Mclfeece and C.J. White, a wuorum being present. . The minutes of the meeting of December 9th were presented and approved as written. . Upon recommendation of the Council, Police Chief R.C. Croft was instructed to have airplanes removed from the Athletic Field, Which the Recreation Committee had allowed to be parked there temporarily, as the Field is being used as a sales lot, and the ground is being torn up by cars driving over it. The following Ordinance was brought up for first reading, and same was read in full: AN ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, PLACING CERTAIN PROPERTY IN LIMITED BUSINESS DISTRICT. (Refers to property on Atlantic Ave. east of Canal). A motion was made by Councilman McNeece, seconded by Councilman White, that the foregoing Ordinance be placed on its first reading, and upon call of roll the motion carried unanimously. An Ordinance providing for the installation of parking meters, and the establish- ment of parking meter zones, was then presented as an emergency measure, and same was read in full as follows: ORDINANCE NO. G-17 AN EMERGENCY ORDINANCE RELATING TO TRAFFIC AND REGULATING THE USE OF PUBLIC STREETS AND HIGHWAYS OF THE CITY OF DELRAY BEACH, FLORIDA, PRO- VIDING FOR THE INSTALLATION, RIDULA- TION AND CONTROL OF TIlE USE OF PARK- ING METERS AND PARKING METER ZOOS: DEFINING PARKING METER ZONES; PR0- VIDING FOR ENFORCEMENT AND PENALTY FOR VIOLATION THEREOF AND PROVIDING THAT INVALIDITY OF PART SHALL NOT AFFECT TIlE VALIDITY OF REmINDER. ~ ~ , , WHEREAS an emergency exists in the City of Delray Beach, Florida, due to the congestion of traffic in certain areas and the need of adequate regulation of parking of vehicles in certain areas, and WHEREAS it is necessary for public safety that an ordinance providing for meter parking and regulations connected therewith be passed as an emergency ordi- nance to become effective immediately upon its passage on first reading: ~ December 23rd, 1946. NCW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL of the City of Delray Beach, Florida, as follows: SECTION 1. That all those streets and parts of streets in the City of Delray Beach, Florida, upon which parking meters may hereafter be installed and upon which proper signs shall be erected designat- ing such area for meter parking are hereby designated and established as parking meter zones. SECTION 2. The Mayor, City Manager or Chief of Police shall provide for in- stallation of meters, including curb or street marking lines, regulation and operation thereof, and shall cause said meters to be maintained in good workable condition. Meters shall be placed upon the curb next to individual parking places and meters shall be so constructed as to dis- playa signal showing legal parking upon deposit therein of the proper coin, or coins, of the United states as indicated by instructions on said meter, and for a period of time conforming to the parking limits of the City of Delray Beach, Florida, said signal to remain in evidence until expiration of said parking period so designated, at which time a change of signal or some other mechanical operation shall indicate expiration of said parking period. ,1 SECTION 3. When any vehicle shall be parked next to a parking meter, the owner or operator of said vehicle shall park wi thin the area designated by the curb or street marking lines as indicated for parallel or diagonal parking and upon entering said parking space shall immediately deposit in said meter one or more five cent coins of the Unites states, and/or one or more one cent coins of the United states as indicated by instructions on said meter. It shall be unlawful for any person to fail to park within said designated area, or fail or neglect to so deposit the proper coin, or coins. Said vehicle shall be considered as unlawfully parked if it remains in said space when said parking meter displays a signal showing such illegal parking. It shall be unlawful for any person to cause or permit any vehicle registered in his name to be unlawfully parked as set out in this section. SECTION 4. It shall be .unlawful to deposit or cause to be deposited in any parking meter, any slug, device or a metallic substitute for a coin of the United states. SECTION 5. It shall be unlawful for any person to tamper with, open, wilfully break or destroy any parking meter. SECTION 6. It shall be the duty of the Chief of Police and other police officers of the City of Delray Beach to take the parking meter number and the state vehicle Tag Number of all vehicles which shall be parked in violation of the provisions of this ordinance and to place on said vehicle a tag showing such violations. The person guilty of such vio- lation may take such ticket to the office of the Chief of Police of Delray Beach and pay to the officer in charge the sum of $ .50 for such violation, and in such event no warrant for the arrest of the individual will be issued. Such payments must be made within 24 hours from the time the offense is committed and the tag .At 0\.' December 23rd, 1946. placed on such vehicle, or the Chief of Police and other police officers are hereby directed to make complaint therefor in the Municipal Court of the City of Delray Beach, Florida. SECTION 7. Any person violating the prOVision of this ordinance shall be punished by a fine not to exceed $lOO.OO. SECTION 8. The fee required to be deposited in said meters is hereby levied as a police regulation and inspection fee to cover the cost of providing parking spaces parking meters and installation and maintenance thereof, the cost of regulation and inspection, operation, control and use of the parking meter spaces and zones created herein, for the regulation and control of traffic moving in and out of, and parking in, said parking spaces and zones so created, and for the oost of any resultant traffic administration expense. 1 SECTION, 9. If any section, provision or part thereof in this ordinance shall be adjudged invalid or unconstitutional by a court of competent jurisdiction, then such adjudication shall not affect the validity of the ordinance as a Whole, or any section, provision or part thereof not so adjudged invalid or unconstitutional. SECTION lO. Sections 1, 2, 3, 4, 5, 6,'7 and 8 of this ordinance shall become a part of the City Code of the City of Delray Beach, Florida, and shall be added thereto as Section 3l (a), and each of said numbered sections shall become a paragraph of said code under said Section 3l (a). SECTION 11. This is an emergency ordinance and shall take effect immediately upon its passage on first reading. PASSED on first and final reading in Regular Session on this the 23rd day of December, 1946. (Si~ed) M. M. DeWITT President of City Council ATTEST: (Si/otlled) RUTH R. SMITH Oity Cle:rk (SEAL) APPROVED: (Si/otlled) M. M. DeWITT Ma;yor Upon-motion of Councilman White, seconded by Councilmah McNeece, unanimously carried, the foregoing Ordinance No. G-17 was passed and adopted on its first and final reading as an emergency measure. A letter from City Mm ager Edmond,' recommending certain changes in the traffic regulations affecting parking ,at and near the post office was read, as follows: ' "The proposed traffic change will cause S.E. 2nd Avenue to be designated, as far' as the alley, one-way going South. The alley parallellingJ\t1a:ntic Avenue, between S.E. lst and 2nd Avenues, will be 4esignated one-way going West. ~ December 23rd, 1946. I:' ., S.E. lst Avenue from the alley to Atlantic Avenue, will be designated one-way for northbound traffic, with angle parking on this street between Atlantic Avenue along the Post Office side of the Street. The alley between S.E. lst Avenue and Swinton AVElIlue will be designated for one-:-way traffic going West. The change ,should eliminate the congestion on Atlantic Avenue at the corner of S.E. 1st Avenue, caused by all parking spaces occupied in front of the Post Office, Which causes vehicles to wait at this corner for parking space. I recommend that this plan be tried as a temporary measure for a period of thirty days, or until such time as it is found that this plan is not satis- factory." The disadvantages of changing the system of parking cars at this time were considered, also the question of backward parking in front of the Post Office. Councilman McNeece recommended that the block south of the Post Office on S.E. lst Avenue be changed to allow only one-way traffic going south, and. that the alley south of and parallel to Atlantic Avenue from S.E. 2nd Avenue to Swinton Avenue be changed to provide for only one-way traffic going west. This would allow the parking of cars in the alley west of lst Avenue, Which is wider and more accessible, and would cause less congestion of traffic. One other alternative would be to place a Police Officer at the corner of Atlantic Ave. and S.E. lst Ave. during the rush hours of the day, L, Councilman Smith then entered the meeting. City AttotQey Nowlin suggested that no left turns be allowed from Atlantic Avenue onto S.E. lst Avenue, Which would direct westbound traffic through S.E. 2nd Avenue. After considerable discussion, Council decided that S.E. lst Avenue be designated as a one-way street going south, for two blocks south from Atlantic Avenue, and that the alley between S.E. 2nd Avenue and S:lUth Swinton Avenue be ~ dllsignated as a one-way thoroughfare for westbound traffic, and that the City Manager be instructed to have this street and alley marked by the necessary signs and street markings. The following Ordinance was then presented as an emergency Ordinance, and same was read in full: ORDINANCE NO. G-18 AN EMERGENCY ORDINANCE OF TIlE CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIOO 40 OF CHARTER XVII OF TIlE CITY CODE OF DELRAY BEACH, FLORIDA. WHEREAS an emergency exists in the City of Delray Beach, Florida, due to the fact that adequate provision is not made in the City Code for the designa- tion of one-way streets in said City. WHEREAS it is necessary for the preservation of public safety that adequate provision be made for such designation. , t '" December 23rd, 1946. . NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That Section 40 of Chapter XVII of the City Code of the City of- Delray Beach, Florida, be and the same ill hereby amended to read as follows, to-wit: "SECTION 40: ONE-WAY STREETS. Upon those streets and alleys and parts of streets and alleys which are designated for one-way traffic by appropriate traffic signs, vehicular traffic shall move only in the indicated direction." SECTION 2. That the above amendment shall become a part of the City Code of Delray Beach, Florida, and shall be inserted therein in lieu of the original Section of said code which is amended by this ordinance. SECTION 3. This is an emergency ordinance 1lnd shall become effective on its passage on its first and final reading. PASSED in regular Session on this the 23rd day of December, 1946. (Sip;ned) M.M. DeWitt President, City Council. ATTEST: (Signed) RUTH R. SMITH City Clerk (SEAL) APPROVED: (Signed) M.M. DeWitt Ma;yor A motion was made by Councilman Butler, seconded by Councilman McNeece, that the foregQing Ordinance No. G-l8 be passed and adopted as read, on first and final reading, as an emergency ordinance, and upon call of roll the motion carried unanimously. Council instructed the City Manager to have parking spaces marked on Ocean Boulevard, and also to have No Parking signs placed on the west side of Ocean Boulevard. -The Clerk presented proof of the publication of a notice calling for bids for the digging of a trench at the disposal dump, Which proof was spread upon the minutes as follows: "INVITATION FOR BIDS" The City Clerk of the City of Delray Beach, Delray Beach, Florida, will receive bids, until It P.M., December 23, 1946, for the digging of a trench at the Disposal Dump owned by the City, according to the following specifications: . Q December 23rd, 1946 mitted. 430 feet long, 25 feet wide at the top, 8 feet wide at the bottom and lO feet deep. Word to be done between January lst and January l5th, 1947. The City reserved the right to accept or rej ect any and all bids sub- Attest: RUTH M. SMITH City Clerk Dec. 20." CITY OF DELRAY BEACH, FLORIDA By: M.M. DeWitt, Mayor "AFFIDAVIT OF PUBLICATION" Delray Beach News Published Weekly Delray Beach, Palm Beach County, Florida ',lo STATE OF FLORIDA ) CaJNTY OF PALM BEACH ) ( .. Before the undersigned authority personally appeared E.F. PETERMAN who on oath says that h! is Publisher of the Delray Beach News, a weekly news- paper published at Delray Beach in Palm Beach County, Florida; that the 'attached copy of advertisement, being a Invitation for Bids in the matter of Disposal Dump Trench in the Court, was published in ssid newspaper in the issues of December 20. 1946. Affiant further says that the said Delray Beach News is a newspaper published at Delray Beach, in said Palm Beach County, Flori!ia, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each Friday and has been entered as second class mail'matter at the post office in Delray Beach, in said Palm Beach County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that has neither paid nor promised any person, firm or corporation any discount, rebiitii, commission or refund for the purpose of securing this advertisement for publication in the said news- paper. (Signed) E.F. PETERMAN ( SEAL) Sworn to and subscribed before me this ~ day of ~., A.D., l.2!&. (Signed) HAZEL V. SNCW Notary Public (stamp) Notary Public, State of Florida at Large. My commission expires February 4, 1949. Bonded by American Surety Co. of N. Y. I~ One bid was received in response to the foregoing notice, from Harvel and Woolbright in the' amount of $495.00, plus the cost of bulldozer if needed to clear right-of-way, at $7.50 per hour, plus $25.00 moving charge. \j. Ipj; -I- '-') I ~, , l' r I ~~ December 23rd, 1946. A moti9n was made by Councilman Butler, seconded by Councilman White, that the bid of Harvel and Woolbright be accepted for digging the trench at a total cost of $495.00, and that their proposal to furnish a bulldozer for clearing be accepted, providing the bulldozer is needed, at a price of $7.50 per hour. Upon call of roll the motion carried unanimously. A letter from Bass, Berry & Sims, At~orneys for Equitable Securities Corporation of Nashville, Tennessee, the successful bidders for $350,000.00 City of Delray Beach Water Certificates, was presented by the City Attorney, . and read in full as follows: BASS, BERRY & SIMS Suite lOoo American Trust Bldg. Nashville 3, Tennessee City of Delray Beach, Attention: Mr. J.W. Nowlin, City Attorney, Delray Beach, Florida. December 9, 1946 .. Re: $350,000 City of Delray Beach Water Certificates. Gentlemen: We represent Equitable Securities Corporation of this City, who under date of June'14, 1946, in connection with stranahan, Harris and Company of Toledo, Ohio, made you a proposal for purchase of the Certificates described above, and this proposal was accepted by the City on June 19, 1946. As you fully understood, Certificates of this kind vary in price from time to time, and it was very important that delivery of these Certificates be made to us wi thin a reasonable time after the proposal and acceptance. It is now December 9, and no Certificates have yet been delivered. In the event of any tender of Certificates a complete copy of the record authori zing the issuance of these Certificates must be submitted and approveli by Chapaan & Cutler in accordance with our contract, and so far as we are fodrtsed, nothing has been furnished them on which to base an opinion at this time. It is now almost six months from the date of the proposal, We now take the position that you have violated your agreement with us and that we are not obligated to receive and pay for the Certificates, it and when they can be issued by you in the future. We therefore ask that you acknowledge the breach of contract on your part and return to us the certified check deposited with you in the amount of $10,500, and that the matter be now terminated. The check in question was issued bY' Equitable Securities Corporation, payable to the Treasurer of City of Delray Beach, and certified by the American National Bank of Nashville, being check No. 4649. We are associating with us in this matter the Honorable Giles Patterson of Jacksonville, Florida, and have discussed the matter with him by telephone, and we expect you will hear from him upon his return to Jacksonville during the present week. During the meantime we will appreciate a statement of your position in the matter. Yours very truly, (Sgd.) BA.SS, BERRY & SIMS." 0\1 .. December 23rd, 1946. The following letter from Mr. J .W. Nowlin, was then read: J.W. Noo.IN Attorney at Law Delray BeaCh, Fla. December 14, 1946. Mr. H.P.EdlllOnd City'Manager City Hall Delray Beach, Fla. Dear Mr. Edmond: I am enclosing herewith copy of a letter received in regard to the $350,000 City of Delray Beach Water Certificates. I think our position in this matter should be that we have and are proceeding as fast as legally possible in this case. I have already sent out notices of the final hearing on this matter and this hearing will be held on Tuesday, December l7th at 3:30 P.M. I believe that it will be advisable, since we have had so much trouble in this case, that you and Mrs. Smith attend this hearing in the event that it should be deemed advisable to take yours and Mrs. &nith's testimony. m/d Enc. " Very truly yours, (Signed) J.W. Nowlin J.W. NCWLIN Mr. Nowlin explained to the C ouncH that the final decree had been signed by the Judge of the Circuit Court, and a transcript of the proceedings had been mailed to the above Attorneys. Mr. Nowlin also stated that there was po . time . limit stated in the proposal of Equitable Securit:ies Corporation, for the valida- tion of the Certificates. . Upon recommendation of the City Manager, Mr. Nowlin was instructed to prepare an amendment to License Ordinance No. G-ll, to provide for the following corrections: ( SECTION 53. CONTRACTORS: Adding the Classification "Building Contractor" - - $50.00 1 ; SECTION 127. HOTELS, APARTMENTS, ROOMING OR LODGING HOUSES: Accommodations shall be construed to mean the number of rooms habitually kept for lodgers, Bnd not the number of lodgers accommodated. A recommendation was also made by the City Manager that the license fee covering Tent Shows, reading as ,follows: . ~ ;""-''''-'', December 23rd, 1946. "CIRCUSES, VAUDEVILLES, MINSTRELS" THEATRICAL PERFORMANCES AND OTHER SHCWS under canvas, for 3 days or fractional part thereof - - - - - - - - - - - - - - - - - _ _ __ _ _ $250.00 be ch!lllged to read as follows: "CIRCUSES, VAUDEVILLES, MINSTRELS, THEA'lRICAL PERFORMANCES AND 0'l'IIER ffiCWS under canvas, for the first day -..; __ _ $loo.oo For each additional day - - - - - - - - - - - - - _ _ _ _ 75.00 Att.~ discussion, it was the consensus of opinion of the Council that the Ordinance should not be amended to make this change, as the fee was fixed to prohibit small shows from operating in the City. Upon the recommendation of Mr. Edmond, the salaries of Mrs. Caroline Van Ballegooien and Miss Margaret MUr$chkej were raised from $l50.oo to $165.00 per month, to bec~me effective January lst, 1947, in a motion made by Councilmah McNeece, seconded by Councilmah SlIith, and unanimously carried. The following communication from Smith & Gillespie, :&"gineers, was read, with reference to the proposed improvements to the Municipal SwImmiT)g Pool: ~"". Mr. .H.P. Edmond City Manager Delray Beach, Florida .. SMITH AND GILLESPIE Engineers' P.O. Box l048 Jacksonville 1, Florida December 12, 1946 Dear Horace: Attached are a cost estimate and a bill of materials for the proposed improvements to the City Swimming Pool. Neither the cost estimate nor the bill of materials include items for any work to be done on the wading pool. The unit 'prices used in' the cost estimate are based on the latest actual bid prices available to us. Austin Burleigh will see you Monday, December l6th and will bring down other data now in preparation and will discuss the matter with you. Kind regards from all. CWS:v" Very truly yours, SMITH AND GILLESPIE By: C. WALLACE SMITH (B) C. Wallace Slnith - . The total cost of this work, as shown in their estimate, woulq be approx- imately $7,loo.70. q~ December 23rd, 1946. , Action was withheid on this project until the first meeting in January, with instructions that Mr. Edmond write Mr., David B. Lee, of the state Board of Health, advising him of the City's progress with the work on the improvements, to the Pool. The City Attorney was asked to check the deed to the Pool property to determine whether or not it could be leased, possibly to someone who would make these necessary improvements. Council authorized the payment of $8.00 per day to each member of the Election Board who serveg.at the Primary and General Elections, ,less the number of meals which were paid for by the City, at the rate of 75~ per meal. The following Ordinance was then brought up for second and final reading, and same was read in full: ORDINANCE NO. G-l9 AN ORDINANCE OF THE CITY COUNCIL OF TIlE CITY OF DELRAY BEACH, FLORIDA, GRANTING TO FLORIDA POWER & LIGHT COMPANY, ITS SUCCESSORS AND ASSIGNS, AN ELECTRIC FRANCHISE, AND IMPOSING PROVISIONS AND CONDITIONS RELATING THERETO. BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION l. That there is hereby granted to Florida Power & Light Company (herein called the "Grantee"), its successors and assigns, the right, privilege or franchise to construct, maintain and operate in, under, upon, ,over and across the present and future streets, alleys, bridges, easements and other public places of the City of Delray BeaCh, Florida (herein cared the "Grantor") and its successors, in accordance with established practice with respect to electrical construction and maintenance, for the period of twenty (20) years from the date' of acceptance hereof, electric light and power 'facilities (including conduits, poles, wires and transmission lines, and, for its own use, telephone and telegraph lines) for the purpose of supplying electricity to Grantor, and its successors, the inhabitants thereof, and persons and corporations beyond the limits thereof. SECTION 2. That Grantor hereby reserves the right at and after the expiration of this grant, to purchase the property of Grantee used under this grant, as provided by the Laws of Florida, in effect at the time of Grantee's acceptance hereof, including Section l67.22 of the Florida statutes 1941, and as a condition precedent to the taking effect of this grant, Grantee shall give and grant to the Grantor the right to purchase so reserved. Grantee shall be deemed to have given and granted such right of purchase by its acceptance hereof, Which shall be filed with the Grantor's clerk within thirty (30) days after tlIl:s ordinance takes effect. SECTION 3. That the facilities shall be so located or relocated and so erected as to interfere as little as possible with traffic over said streets, alleys, bridges and public places, and with reasonable agress and ingress to abutting property. The location or relocation of all facilities shall be made under the superv:is ion and with the approval of such representatives as the governing body' of Grantor may designate for the purpose, but no so as unreasonably to interfere with the proper operation of Grantee's facilities and I ~ December 23rd, 1946 , service. That when any portion of a street is excavated by Grantee in the location or relocation of any of its facilities, the portion of the street so excavated shall, within a reasonable time and as early as practicable after such excavation be replaced by the Grantee at its expense and in as good condition as it was at the time of such excavation. SECTION 4. That Grantor shall in no way be liable or responsible for any accident or damage that may occur in the construction, operation or maintenance by Grantee of its facilities hereunder, and the accept- ance of this ordinance shall be deemed an agreement on the part of Grantee, to indemnify Grantor and hold it harmless against any and all liability, loss, cost, damage or expense, Which may accrue to Grantor by reason of the neglect, default, or misconduct of Grantee in the construction, operation or maintenance of its facilities hereunder. SECTION 5. That all rates and rules and regulations established by Grantee from time to time shall at all times be reasonable and Grantee's rates for electricity shall at all times be subject to such regula- tion as may be provided by law. SECTION 6. That within thirty days after the first annivereary date of this grant and within thirty days after each succeeding anniversary date during the existence of this grant, the Grantee, its successors and assigns, shall pay to the Grantor and its successors o\l sum equal to the difference between (a) six per cent of the amount of its gross revenues from the sale of electric energy to residential and commercial customers within the corporate limits of Grantor for the twelve calendar months preceding the applicable anniversary date, and (b) the amount of aQy taxes, licenses or other impositions levied or imposed by Grantor against Grantee's property, business or operatione for the preceding tax year. SECTION 7. As a further consideration of this franchise, said Grantor agrees not to engage in the business of distributing and selling electricity during the life of this franchise or any extension thereof in compe~ition with the Grantee, its successors and assigns. SECTION 8. That failure on the part of Grantee to comply in any sub- stantial respect with any of the provisions of this ordinance, shall be grounds for a forfeiture of this grant, but no such forfeiture shall take effect if the reasonableness or propriety thereof is protested by Grantee until a court of competent jurisdiction (with right of appeal in either party) shall have found that Grantee has failed tp comply in a substantial respect with any of the provisions of this franchise, and the Grantee shall have six (6) months after the final determination of the question, to make good the default before ,a forfeiture shall result 'with the right in Grantor at its discretion to grant such additional time to Grantee for compliance as necessities in the case require. !.~ SECTION 9. Upon the annexation of any territory to the City of Delray BeaCh, Florida, the portion of such utility that may be located within the annexed territory or upon the public streets, alleys or public spaces thereof shall thereafter be subject to all the terms of this franchise as fully as if an expressed extension of this franchise were adopted to apply to such annexed territory. SECTION lO. That all ordinances and parts of ordinances, in conflict here" with be and the same are hereby repealed. '.'. \"f. December 23rd, 1946. SECTION 11. This ordinance shall take effect after it has been approved by a referendum vote at an election held in accordance with the provisions of the Charter of the City of Delray Beach, Florida, and the laws of the State of Florida. PASSED in regular session on second and final reading on this the 23rd day of December, 1946. IT!! R. ~ITH C t7~Ole:rk (SEAL) (Signed) M.M. DeWitt President of City Council APPROVED: (Signed) M;M. DeWitt Ma;ror ,ATTEST: A letter from the Florida Power &: Light Co., explaining certain phases of the foregoing Ordinance, was presented and read as follows, this letter to be attached to Ordinance No. G-l9: FLORIDA POWER &: LIGHT COMPANY Delray Beach,-Florida December 19, 1946 City of Delray Beach Delray BeaCh, Florida Gentlemen: This relates to City Manager Fnmonds' letter to me dated November 27, 1946, about the franchise ordinance passed by the City Council on its first reading and granting to Florida Power &: Light Company certain rights and in which City Manager Edmonds set forth certain items which the City Council desired clarified before the ordinance was put on second and final reading. I am glad to discuss these items in the order listed by City Manager Edmonds: Industrial (manufacturing) sales include service at a location where the purchaser is engaged in an industrial activity" such as the operation'of factories, mills, foundaries, machine shops, etc., that is, in extractive, fabricating or processing activities. You have express charter power and authority to establish, impose and enforce rates and charges for electricity furnished by us (subsection 9 of Section 7 of Chapter l8494, Laws of Florida, Acts or 1937) and this power and authority are expressly reserved to you in the electric franchise (Section V) and so recognized by us. We are pleased to cooperate with you in the installation and operation of a cal:l box system for your Fire and Police Departments. In this connection we have delivered to City Manager Edmonds copies of proposed Agreement and accompanying Resolution for action thereon by your City Council. No rental will be charged by us under this J\greement. \0 December 23rd, 1946. .,.,..-'. Since the items explained and clarified above have no place in our standard form of franchise, we want 'you to know that our representations and agreement are binding on the part of the Florida Power & Light Company during the full term of the Franchise. Our Vice President Fite confirms and approves this agreement by his signing of this le,tter along with me. Very truly yours, Said representation~ and agree- ment confirmed and /pproved. FLOllIDA POWER & LIGHT COMPANY By: (Signed) ROBERT V. FIn Vice President ( SEAL) (Signed) CHARLES SENIOR Charles Senior Manager A motion was made by Councilmah Butler, that the foregoing Ordinance No. G-l9be passed and adopted on second and final reading. The motion was seconded by Councilmah McNeece, and upon call of roll carried unanimously. A referendlllll election will be held within the next few weeks, in accordance with the pro- visions of the Charter of the City of Delray Beach, Florida. A letter from Charles J. Wick, II, was presented and read, as follows; with reference to 1946 Personal Property tax bill: ' , "December 9, 1946. Mr. A.L. Greenwood City of Delray Beach Box 1178 Delray Beach, Florida Dear Mr. Greenwood: , You informed me that I would have to have this tax adjusted by the Council. I'm returning this slip to you with accompaning letter, asking that you please have this done. J\fter giving you the estimate last spring I found out that fixtures which I included in the $2,000. belonged to the building according to IllY lease with Mrs. Weir. Also I have removed a great deal of eqUipment from this studio and left it in IllY Highlands, N.C. studio. Because of these two above reasons IllY tax rate should be based on $1,000. instead of $2,000. on Which sum I have already paid IllY State and County Taxes. Sincerely, , (Signed) CHARLES J. WICK,Q:" '" It was the opinion of the Council that any permanent improvements made by Mr. Wick, Which had become a part of the building, should be deducted from this personal property assessment and assessed to the Oliner of the building. Mr. Greenwood, Tax Assessor, was instructed to make a check of the property and ascertain just what part of the assessment should be deducted from Mr. Wick's assessment. ,I: December 23rd, 1946. A letter from the Delray Beach Planning Board was read, with reference to a change in wning restrictions in the southwest section of colored town, the exact locations to be worked out with the City Manager and the Zoning Board. The following letter from st. Pauls A.M,tE. Church, with reference to delinquent improvement liens against their church property, Which is included in the foreclosure list filed by Mr. Nowlin, was presented and read in full: ST. PAULA~ M~ E. CHUIlCH DElBAY BEACH,' FLORIDA DECEMBER 18th, 1946 TO THE OFFICERS AND'MEMBEIlS OF DELRAY CITY COUNCIL, Delray Beach, Florida. Gentlemen: i I We the Pastor and Trustees of st. Paul A.M.E. Church of Delray Beach, Florida, have received a notice that the city of Delray Beach has started a foreclosure on our church property for taxes. The property is located on N.W. 5th Avenue and described as follows: "Lot 5 in Block 27". The total amount of the taxes on this property is $229.78. We feel that it will be almost impossible for the church to raise this amount of money at this time. How- ever, we know that we will have to comply with the rules and regulation of the city; therefore, we are asking the City Council of Delray Beach to please reduce this amount of taxes so that it will not work such a hardship on the church in meeting the demand. ' -"'lIl';. We pray that you will give us some consideration in this matter, and whatever you do will be greatly appreciated by us and the members of the Church. Sincerely yours, (Signed) REV. L.S. JOHNSON Rev. L.S. Johnson, Pastor (Signed) LEE MONROE Lee Monroe, Trustee , .. ( Signed) PAUL JONES Paul Jones, Trustee" After discussion by the Council, tJ).,>e ClEl:r~ was instructed to a dvise the Trustees of this Church that the Cbuncil has no authority to r educe the amount of the liens, or to cancel the liens, but the property will be withdrawn from the foreclosure suit if they will make arrangements with Mr. Edmond, the City Manager, to pay the amount due for these improvement liens in monthly install- ments. ' '.~T. \ December 23rd, 1946. ,I " ~l Bills totaling $8,848.21, having been approved by the Finance Committee, were ordered paid, in a motion made by Councilman White, seconded by Councilman McNeece, and unanimously carried. The.Clerk was instructed to post notices that the offices of the City Hall would close at l:OO O~clock on Tuesday, December 24th, and remain closed until 8:30 Thursday Morning, December 26th, in observance of the Christmas holidays. Council then adjourned. ((! R- ~:lJJ City Clerk AT'rnST:~ Mayor r (}