01-10-44 Regular
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2234
eoonCIL alAJ.IBER
January lOth, 1944
The Council met in regular ....ion at 7:35P. M. with the following
m.mbera preunt: )dr. Jaeo@a, .Mr. McF.e, Mr. Thayer, Mr. Watera, Mr. Wodiach.k
anti City Attorney Nowlin.
By moMon r.gularly ma.e and a.cond.. the minut.. of the laat
meeting of January 6th war. approve. aa correct...
Councilman Wo.iachek report.. there were 1105 water m.ters in
urvin during the month of December. He then infonne. the Counllil that
both water tank.a ne.... apot painting badly, an. that he ha. contacted
various looal painters 1'8 questing bi.a for the. worl<, also had contact..
out of town firms, and to date had bMn unable to aecure ..timat.. .
Councilman Waters volunte.red to try to obtain bili. on thia work, and to
r.port to the Council his r...ult..
A communication from Mrs. Eleanor Richman, R.n. visitor was read
an. or..red file..
The following cooununication from the Motor Vehicle Commissioner
was read:-
Tallahassee, Florida
January 4, 1944
City of Delray Beach,
Delray Beach, Florida
Gentlemen:
Dp to a. tftmporary break-down of the machinery
at the Tag Plant at Raiford, this office will be unable
to issue your exempt tags at this instant. However,
we expect the matter to be cleared up by the 15th of the
month, at which tiJm we will take steps to forward your
plates to you.
Yours very truly,
Henry J. Driggers
MOIDR VEHICLE CCJ.!MISS IONER
The Clllrk was instructed to file same.
The matter of Capt. Barker's salary was brought up for discussion,
2235
ll'anuary 10th, 1944
after which it was decided to refer it to the Finance Committee, and table
it until next meeting._ Mr. Waters made a motion to this effect which was
seconded by Mr. McFee and carried unanimously on roll call.
TIle following Ordinance was introduced.
ORDINANCE NO. JI'l17 -A .
AN ORDINANCE OF THE CITY <F DELRAY BEACH, FLORIDA, REPEALING OODINANCE
NO. 259, BOOK NO. 5,ENTITLED - "AN EMERGmlCY ORDINANCE OF THE CITY OF'
DEIRAY BEACH, FLORIDA, PROVIDING FOR LICENSE FOR CERTAIN MACHINES OR
DEVICES BY COIN at OTHERWJSE, AMWNT OF SUCH LICENSE AND PROVIDING FOO
A PENALTY Fat TIE POSSESSION, USE CR OPERATION OF SUCH MACHINE OR DEVICE
WITHOUT SUCH LICENSE BEING OBTAINED".
After discussing same, Mr. Wodischek moved tffit it be passed on its first
reading. Mr. McFee seconded the motion, am on roll call the vote was as
follows: Mr. Jacobs no, Mr. McFee yes, Mr. Thayer no, Mr. Waters not
voting, Mr., Wodischek yes. The motion was lost for lack of majority '\tote
of the Council.
During t\'e lengthy discussion which followed regarding coin
operated amusement devices, it was the general consensus of the members
that 'coin operated amusement devices' were objectionable where children
were allowed to operate them. Members expressed t\'emselves as feeling
children were too young to operate the amusement devices even at the age
of eighteen.
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The Mayor stated that since the License Ordinance has been
effective since'1939, he did not believe the ctty could have been operating
illegally during this entire period without attention to that fact being
called by the State authorities, and he didn't want to be in a position
to repudiate what the other administrations have done. The Mayor recom-
mended that a trial be given the amusement devices. He stated the Police
Departlll3nt should be instructed to at any tine a minor is a~rehended
playing the devices, remove said device from place it is stationed in, and
destroy same. The Mayor said he thought the owners of the establishments
wherein are found the machines would be willing to cooperate in every
respect with the City officials 'in regulating operation of the machines.
He also said he thought the pdblic wanted the machines, and thought they
Should be given a fair trial before removing them from t\'e City, inasmuch
as the City has allowed them in operation in previous years and has
obtained considerable revenue from licenses on the machines.
Councilmen McFee and Wodischek stated they wanted to go on
record as being opposed to having the machines in operation in the City.
The Mayor sta ted he would call upon all licensees in the City
2236
January 10th, 1944
wherein amusement devices are, and tell them the pleasure of the Council
regarding operation of the machines, and that he would rejXlrt back to the
Council IltClle'xt"reg~al1';ineetdJlg'reg.rdihg'r~actiol1~' "He said he would also
instruct the Police DepartlOOnt to observe whether or not the merchants
were cooperating.
It was moved, seconded and narried that RESOLUTION NO. 498 be
ado piled , authorizing the signatures of John A. Thayer, Mayor, W. A. Jacobs,
Vice-Mayor, and Catherine E. Strong, City Treasurer, to all City checks
issued on the City's two depositories, viz. The Florida State Bank and the
West Palm Beach Atlantic National Bank.
Upon motion duly made, seconded and carried, the Clerk was author-
ized to secure bonds for the following:
$5,000. Bond-
$l,ooO Bond-
$l,ooO Bond-
City Clerk
Deputy Clerk
Deputy Clerk
Catherine E. Strong
Marjorie Winn
Alta Koshinz
The matter of an increas in W. O. flinn, City Auq:~torl s salary
was brought up, and by motion of Mr. McFee; which wAs second(1d by Mr;
Wodischek, and unanimously carried, it was referred to the Finance Committee,
with the request they report back at rext meeting night.
Councilman, McF.,e brought up the matter of unpaid real estate taxes
on improved properties with delinquent taxes of two years or more outstanding.
He said some partial payments have been made on the colored properties, but
that there were still quite a mlJl'ber of unpaid accounts in the white section
of town. Arter discussing the matter, the Clerk was instructed to prepare
lists, showing properties on which partial payments are being made, also
showing unpaid accounts, for each member of the Council.
. .
,
Quite a discussion arose regarding new water rate for additional
consumers which became effective too 1st of January. Members stated they
had heard quite a few objections from the citizens regarding the extra charge,
and after a lengthy discussion, the Clerk was instructed to cease accepting
the yearly charge, credit customers on future bills who have already paid
the charge, am advise the people the Council would try to work out II plan
whereby the public would be satisfied. The matter was referred to the Water
COJllllittee for report back to Council at next meeting.
The following cOlllnunication was read by the City Attorney:-
Delray Beam, Florida
December 27, 1943 .
Mr. J. W. Nowlin, Atty.
City
Dear llr. Nowlin:
Enclosed find something that should maybe have
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2237
January 10th, 1944
your imnediate attention.
You will remenber SOIOO time ago we made a settlelOOnt
of SOIOO Rutledge notes (I believe you were Atty for the City
at the time) and this has sOllllthing to do with that.
I've looked all over and can find no papers or information
in regard to this, and thought if the re were any, or if t\'ere
was anything tffit the City might get out of this you would
know about it.
7
Is!
Yours truly,
Mae W. Cramp
CITY CIERK
*****.~.;(-**
Washington, D. C.
October 27, 1943
City of Del ray Beach,
Delray Beach, Florida
Gentlemen:
In reI Claim No. 7725, City of -
Delray Beach Fourth (final)
Dividend, $1,S93.49
Attention ofMallJ W. Clramp, City Clerk
t
Reference is made to your letter of September 14th, in which
you acknowledge receipt or a noti'ce relative to the fourth (final)
dividend on the claim of the City of Delray Beach. You advise
that you have been unable to locate the Receiver's Certificate;
and you request inforlll!ltion relative to the accol.l'lt for which the
claim was proved.
The receivership records show that among the claims proved
was one in the amount of $10,011.41, belonging to the estate of
Clayton E. Rutledge, deceased. It appears that the estate was
insolvent and that a compromise agt.I'lement was entered into by
and between Clarissa B. Johnson, Administratrix of the estate
of Clay tonE. Rutledge, deceased, and certain creditors of Jlhe
estate. Under date of Augus't 12, 1936, Clarissa B. Johnson, as
administratrix of the estate of Clayton E. Rutledge, deceased,
assigned 65.9% of the claim to t\'e City of Delray Beach as one of
the creditors of the estate, pursuant to the final decree issusd
in the matter of the estate by the Circ\lit Court of the Elvventh
Judicial Circuit in and for Dade County, Florida, under date of
July l5, 1936. Receiver's Certificate No. 7725 was issued to the
City of Delray Beach for its share of the claim. The name of Yiller
and Harris, Biscayne Building, appears on my records as representing
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January loth, 1944
the City of Delr!lY Beach.
"
I trust the information furnished will enable you to locate
Receiver's Certificate of Proof of Claim No. 7725, 1Ihich was
issued in the amount of $6,597.52. The Receiver's Certificate
should be forwarded to me with the receipt now in your possession,
which soould be signed by the City Manager of the City of Delray
Beach.
In the event the Receiver's Certificate cannot be located,
it will be necessary for the Ci ty Mana~r of the City of Delray
Beach to furnish an affidavit relative to its loss, and a bend
in the BlIbunt of ,$2300. A form for a combimtion at'fidavit and
bond is enclosed. '!he bond soould be executed by the City
Manager as principal am his act in this respect approved by an
appropriate resolution of the governing board of the City of
Delray Beach. '!he bond soould be underwritten by a reliable
sUl'ety company.
Very truly yours,
R. C. Parsons
RECEIVER
Mr. Nowlin stated he had contacted Lawyer C. Y. Byrd who was City Attorney
at the time this matter came up, and read the following conmunication from
him:-
Delra.y BeaCh, Florida
December 29, 1943
r
Mr. J. W. Nowlin,
City Attorney, .
Delray Beach, Florida
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Re: City of Delray Beach claim
vs. Clayton E. Rutledge Estate
Dear Mr. Nowlin:
"
As requested by you, I have made ~ careful e:xam1.nation of
my files and find that I have an Assignment of Receiver's
Certificate No. 7725 of '!be City National Bank in Miami in the
amount of $6,597.52, Which certificate was secured by 100 ae
attorney for the City on or about November 6, 1936. This
Certificate was issued to the City "pursuant to an order of
court, entered in the Circuit Court of the Eleventh Judicial
Circuit, in that cause styled 'In the Matter of the Estate of
Clayton E. Rutledge, Deceased', under Clerk's Chancery File No.
44410-C, I hereby assign, transfer, set over and deliver unto
the follovring persons, in'the following proportions, all of ll\Y
2239
January lO, 1944
"
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right, title and interest as Administratrix in and to that certain
certificate evidencing a deposit in City National Bank in Miami,
which certificate was issued by the Receiver of said Bank under
date of September 11th, 1931, now standing on the books of the
Receiver, C. H. Bancroft, in the name of ESTATE OF CLAYTON RUTLEDGE,
CLARISSA B. JOHNSON, ADMS., in the original face amount of Ten
Thousand Eleven and 41/100 ($lO,Ol1.4l) Dollars; which certificate
and the iDterest therein of the undersigned is hereby assigned- to
the following assignees, in the following proportions, to-wit:
'(
CitY' of Delray Beach -----------65.9%
William G. Weller ------------ 3.5%
Armour Fertilizer Works ----------14.7%
J. C. Leih------------------------l5.7%
M. Katz & Sons ------------------ .2%
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My files disclose that the City referred this claim against
the Clayton E. Rutledge ~state to my office for collection on
or about Yay 30, 1935. I illmediatel,v contatlted K. D. Harris, an
attorney in Miami, Florida, and associated Mr. Harris with me in
bringing about litigation which ultimately resulted in the City
receiving from what appeared to be a worthless claim against the
Clayton E. Rutledge Estate $500.00 in cash on or about the 21st
day of August, 1936, and the money which is now being paid under
and by virtue of the assignment of Receiver's certificate mentioned
in' your letter. It was necessary for Mr. Harris and myself to
file proceedings in the Probate Court of Dade County and also in
the Circuit Court in order to being about a settlement and
compromise of t\'e various claims which were filed in the Rutledge
Estate: it necessitated several trips to Miami and at the time
the claim was referred to my office, I agreed to handle it on a
30% contingent fee basis. On the first money collected from the
Estate theough compromise and suit, Mr. Harris was paid his fee
and I received a small portion of said amount, however, since
tha t time Mr. Hartis has diB d and has left his interest in this
matter to my office and autlnrized me to make settlement of any
fees which might be due in the future.
,.
J
It is agreeable with me for you to turn over to the City
the enclosed Receiver's Certificate No. 7725, provided the City
will authorize you to pay me 20% of the amount now offered to the
City as final settlement of this claim.
Yours very truly,
~
C. Y. Byrd
Mr. Nowlin was authorized to
proceeds of this collection,
seconded and carried.
pay Mr. Byrd a comnission of 20% out of the
by the Council, upon motion regularly made,
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2240
January 10, 1941,
By motion regularly made, seconded and carried, bills nurrbered
l275-1278-l285 & 1314 thru 1352, having been approved by the Finance
Committee, were returned to t\'e Council and orderedJpaid. ;_ .',',
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At this pbint, Chief of Pollce Croft addressed t\'e Council in
behalf of his two de,sk clerks. He requested that they be given an increase
in pay. The matter was tuArned over to the finance committee with the
request that they report back at next Council meeting.
It was regularly moved, seconded and carried that Council
adjourn.
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City CleIi<;
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