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02-17-41 Special :1642 COUNCIL CHAMBER FEBRUARY 17, 1941 THE COUNCIL MET IN SPECIAL SESSION, UPON ROLL CALL OF THE MAYOR, AT 7:30 P.M. WITH THE CITY ATTORNEY AND ALL MEMBERS OF THE COUNCIL PRESENT. THE MAYOR REPORTED THAT MEMBERS OF,THE FINANCE COMMITTEE HAD JUST MET WITH THE CITY ATTORNEYS REGARDING FeES TO BE CHARGED FOR VALIDATION OF THE CITY'S SERIES "A" AND "B" BONDS, AND HAD REACHED AN AGREEMENT WITH ADAMS AND NOWLIN, ACTING IN THE CAPACITY OF THE CITY ATTORNEYS, WHEREBY THEY AGREED TO V~IDATE BOTH THE SERIES "A" AND "B" ISSUES FOR $2,300.00. MR. ADAMS, COMPLEMENTING THE MAYOR's STATEMENT, INFORMED THE COUNCIL THAT THIS FEE WAS BASEO ON THE ASSUMPTION THAT AN UNCONTESTED V.~IDATION OF THE "B" BONDS WOULD BE EFFECTED, BUT IF VALIDATION IS CONTESTED, THE CHARGE WOULD_ NECESSARILY, BE MORE. IT WAS MOVED BY MR. HILL THAT THE RECOMMENDATION OF THE FINANCE CBMMITTEE BE APPROVED AND THE CITY PAY ADAMS AND NOWLIN THE SUM OF $2,300.00 FOR VALIDATING OELRAY BEACH's REFUNDIN~ BONOS; $,I,B63.4'1 OF WHICH SHALL BE PAID IMMEDIATELY AS FEE ON THE SERIES "ft" BONDS AND THE BALANCE OF $436.59, AT SUCH TIME AS VALIDATION IS COMPLETEO ON THE SERIES "B" ISSUE. MR. SCOTT SECONDED THE MOTION A_O ON ROLL CALL THE VOTE WAS AS FOLLOWS: MR. HILL YES, MR. JACOBS YES UNDER PROTEST, MR. MILLER YES, MR. SABATH YES AND MR. SCOTT YES. THE MOTION CARRIED. THE HOUR OF B:OO O'CLoCK HAVING ARRIVED, BIDS WERE OPENED ON LOW SERVICE PUMP, IN ACCORe WITH CALL AND SPECIFICATIONS ISSUED BY THE CITY ENGINEER, ON AUTHORITY OF THE COUNCIL, AT ITS SPECIAL MEETING OF FEBRUARY 5TH. ALLiS-CHALMERS MFG. COMPANY AND CHICAGO PUMP COMPANY, BEING UNABLE TO MEET SPECIFICATIONS, DECLINED TO BID ON THE PUMP, BUT ~UQTATIONS WERE SUBMITTED FROM OTHER BIDDERS AS FOLLOWS: DAYTON Dowo COMPANY QU,INCY,' ILL. $ 708.30 F.O.d. QUINCY, ILL J. P. CARROLL, 206 LST STREET WEST PALM BEACH, FLA. 987.00 F.O.B. DEL RAY 60.00 DEDUCTIBLE FOR STEEL BASE WORTHINGTON PUMP AND MACHINERY COMPANY - ATLANTA GA. 996.00 F.O.B. DELRAY FAIRBANKS MORSE & COMPANY CHICAGO, ILL. 1,03LOO 4\,.00 F.O.B. DELRAY DEDUCTIBLE FOR STRUCTRUAL STEEL BASE IT WAS MOVED BY MR. HILL, SECONDEO BY MR. SCOTT AND UNANIMOUSLY CARRIED, ON ROLL CALL, THAT THESE BIDS BE REFERRED TO THE CITY ENGINEER ANO WATER COMMITTEE FOR STUDY AND RECOMMENDATION BACK TO THE COUNCIL AT ITS NEXT REGULAR MEETING. . MR. BYRD APPEARED BEFORE THE MEMBERS, IN THE INTEREST OF HIS CLIENT, H. H. WELLINBRINK, PLEADING FOR A RE-CONSIDERATION OF THE COUNCIL'S ACTION, AT ITS LAST REGULAR MEETING, IN SETTING UP WATER REGULATIONS WHICH RE~UIRED CONSUMERS TO INSTALL THE SIZE OF METER STIPULATla BY THE WATER DIl~ARTMENT. HE RE~UESTED THAT OTHERWISE AN IDENTICAL MINIMUM CONSUMPTION "~~. ~.;.;'.~~ :1643 COUNC I L CrlAMBER FEBRUARY 17, 1941 RATE BE ESTABLISHED FOR BOTH 3!4-INCH AND I-INCH METERS. HE CONTENDED THE NEW REGULATIONS, AT THE I-INCH MINIMUM CHARGE NOW EFFECTIVE, WERE UNFAIR TO NEWLY CONNECTED CONSUMERS WHO PROBABLY WOULD USE NO MORE WATER THAN SOME THOUSAND CONSUMERS BEING' SUPPLIED THROUGH A'i3;:4++i[NC~'iMETER"AT' A./COWER MINIMUM RATE. THESE CONTENTIONS WERE DISOUSSED PRO AND CON BY THE CITY ENGINEER AND COUNCILMEN, AND THE CITY ATTORNEY AR~UED THAT THE RULES ADOPTED AT LAST COUNCIL MEETING COULD BE ENFORCED WITHOUT AN ORDINANCE, BY THE WATER DAPARTMENT, SINCE THEY WERE REASONABLE REGULATIONS AND DID NOT CHANGE RATES ESTABLISHED BY THE EXISTING WATER ORDINANCE. BUT HE SAID IF A CHANGE OF RATES WEPoS MADE, IT WOULD HAVE TO BE BY ORDINANCE. IT WAS FINALLY MOVED BY MR. SABATH THAT ACTION OF THE COUNCIL AT MONDAY NIGHT'S REGULAR MEETING IN AOOPTION OF WATER REGULATIONS, BE RE~iNDED. MR. SCOTT SECONDED THE MOTION ANO ON ROLL CALL THE VOTE WAS AS FOLLOWS: MR. HILL YES, MR. JACOBS YES, MR. MILLER YES, MR. SABATH YES AND MR. SCOTT YES, THE MOTION CARRIEO. IT WAS THEN MOVE~ BY MR. SCOTT THAT THE PRESENT W~TER OROINANCE BE REFERRED TO THE WATER COMMITTEE, TOGETHER WITH THE CITY ATTORNEY, FOR PERUSAL, AND REPORT BACK TO THE COUNCIL AS TO CORRECTIONS D8EMED NECESSARY, AS SOON AS POSSIBLE. ~~R. HILL SECONDED THE MOTION AND ON ROLL CALL T~lE VOTE \'.'^S AS FOLU)V,S: . HILL YES, i.I'I. JAC08~j YES, td'. II_LE~ YES, 1~"lR. SA:3i\T1'1 YES, l,i:R. SCuTT YES. TilE ,:'UTION C.'\RPIED. J. K. G\iiyr~:i Cf,IAE BEFORE THE COU:'~CIL \;;ITH A PROPOSITION FOR THE REPAlfJTING OF THE CITY'S STREET ~~ARKlrJG SIGrIS, DfllCH HE SAID WERE BADLY IN NEED OF REPLACEMENT AND PAINTING. HE MADE A PROPOSITION AGREEING TO PAINT AND RE-LETTER THESE SIGNS, APPROXIMATELY ONE HUNDRED IN NUMBER, AT A PRICE OF $[.25 EACH, ALSO AGREEING TO ACCEPT PART PAYMENT IN THE FORM OF CREDIT ON TAXES HE OWES. MR. HILL MOVED THAT THE MATTER BE REFERRED TO THE STREET COMMITTEE AND THAT IT MAKE RECOMMENDATION BACK TO THE COUNCIL AT ITS NEXT MEETING. MR. SABATH SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY. GLADYS CHAMNESS ASKED THE COUNCIL TO HAVE P MANGO TREE MOVED O~T OF THE ALLEY AT THE REAR OF HER PROPERTY, IN BLOCK L09, S.TATING THAT IT WAS ABOUT 4~ FEET OUT IN THE ALLEY AND PREVENTEO HER GETTING IN ANa OUT OF HER GARAGE. AFTER DIS.CUSSION, IT WAS MOVED BY MR. JACOBS THAT TH IS MATTER BE REFERRED TO THE STREET COMMITTEE FOR REPORT BACK AT NEXT MEETING. MR. HILL SECONDED THE MOTION WH ICH CARRIED UNANIMOUSLY. THE MAYOR STATED THAT THE PRINCIPAL TH ING FOR WHICH THE SPECIAL MEETING HAD BEEN CALLEOt WAS THE MATTER OF REFUNDING THE CITY'S f'B" BONDS, AND THAT HE HAO EXPECTED THOMAS M. COOK, DELRAY BEACH's FISCAL AGENT TO MEET WITH THE COUNCIL IN THIS CONNECTION BUT APPARENTLY MR. COOK WAS UNABLE TO BE PRESENT. IT WAS. THEREFORE MOVED BY MR. HILL THAT THE FOLLOWING RESOLUTION BE ADOPTEDl RESOL UTI ON 389 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DEL RAY BEACH, FLORIDA, AUTHORIZING THE ISSUANCE OF SERIES uBu REfUNDING BONDS PROVIDING FOR THE DENOMINATION THEREOF, THE DATE OF ISSUANCE, THE DATE OF MATURITY AND RATE OF :1644 COUNCIL CHAMBER CALL YES, FEBRUARY 17, 1941 I NTEREST AND PROV I DING FOR THE 1.1ETHOD OF EXCHANG I NG SAID BOrDS FOR THE NOW OUTSTANDING EVIDENCES OF ALL INTEREST ACCRUED TO JULY I, 1938, ON HERETOFORE REFUNDED BONDS OF T HIS CITY WHETHER REP RESENTED BY INTEREST COUPOfJS OR ACCflUED INTEREST ON MATURED BONDS, WHETHER OR NOT MERGED INTO JUDGMENTS AND WHETHER OR NOT SA~~ HAVE BEEN DEPOSITED I N ESCROW UNDER THE f'ROV I S I OIJS OF SECnmJ II OF THE REFUND I NG RESOLUTION ADOPTED BY THE CITY COUIJCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ON JANUARY 26, 1939, AND WHETHER OR NOT CERTIFICATES- OF DEPOSIT HAVE BEEN ISSUED THEREFOR BY THE B6CROW AGENT UNDER THE TERMS OF SAID RESOLUTION AND REAFFIRMING AND RATIFYING THE PROVISIONS OF SECTION 5 OF SAID ABOVE DESCRIBED REFUrmlNG RESOLUTION DATED JUNE 26, 1939, IN SO FAR AS THE SAME IS APPLICABLE FOR THE PAYMENT OF INTEREST ON AND CREATING A SINKING FUND FOR THE RET I REMENT OF ClASS "B" REPUND I NG BONDS. MR. SCOTT SECONDED MR. THE VOTE WAS AS FOLLOWS: MR. SABATH YES, MR. SCOTT HILL'S MOTION FOR ADOPTION, AND ON ROLL MR. HILL YES, MR. JACOBS YES, MR. MILLER YES. THE MOTION CARRIED. THE FOLLOWING PETITIO~ WAS RECEIVED, AND READ BY THE CITY CLERK: BOARD OF MAYOR AND COUNCIL DEL RAY BEACH, FLORIDA. GENTLEMEN: WE THE UNDERSIGNED WHO HAVE RECENTLY BUILT NEW HOMES ON ANDREWS AVENUE, THOMAS STREET AND SEABREE~E AVENUES DO HEREBY PETITION YOU TO CONTINUE THOMAS STREET FROM ANDREWS AVENUE TO THE OCEAN BOULEVARD AS A WALKWAY. DUE TO THE FACT THAT THE NEAREST STREETS OPEN ARE ATLANTIC AVENUE TO THE SOUTH AND VISTA DEL MAR DRIVE TO THE NORTH WE FEEL THAT WE SHOULD HAVE A SHORTER OUTLET TO THE BEACH. YOUR CONSIDERATION OF THIS WILL BE APPRECIATED SO THAT THE WALK WILL BE OPENED FOR THE PRESENT SEASON. SIGNED J. LARIMORE, JR. FRANCES N. KAUFFMAN Jo HN W. FOWL ER Eo C. MOGFORD R. W. WRIEDT L. W. BUTLER WYL I E B. Ew I N G R. K. BANT I NG O. C. ANDREEN MILDRED G. HELM T. B. THAMES ALFRED GAWLER THOMAS D. ARMOUR :1645 COUIJCIL CHAMBER FEBRUARY [7, 1941 MR. CLINT MOORE ANO JOHN ADAMS RECOMMENDED THE CONSTRUCTION OF A TWENTY-FOOT STREET IN LIEU OF THE RE~UESTED WALKWAY. THERE WAS SOME LITTLE DISCOSSION AS TO THE WIDTH OF THE RIGHT-OF-WAY AND REGARDING ASSESSING SUCH IMPROVEMENTS TO THE ABUTTING PROPERTY ETC., AE:TER WH I CH I T WAS MOVED BY MR. SCOTT THAT T HE MATTER BE REFERRED TO THE CITY ENGINEER FOR REPORT BACK AT NEXT MEETING. MR. SABATH SECONDED THE MOTION WHICH S_RRIED UNANIMOUSLY. IN CONNECTION WITH THE NEWLY ADOPTED ORDINANCE PROVIDING FOR THE LICENSING OF CONTRACTORS AND SUPERINTENDENTS ON BUILDING CONSTRUCTION, THE MAYOR ANNOUNCED THE APPOINTMENT OF WILLARD WATERS AND F. J. SCHRADER AS CONTRACTOR MEMBERS OF rrHE CONTRACTORS EXAMIN~NG BOARD. IT WAS MOVED BY MR. HILL THAT THE MAYOR'S RECOMMENDATION BE APPROVED. MR. JACOBS SECONDED THE MOTION, WH ICH ON ROLL CALL, CARRIED UNANIMOUSLY. MAYOR MILLER ANNOUNCED THAT THE KEY CLUB WAS GOING TO TAKE OVER THE DEL RAY BOWLING ALLEYS ON THE DAY AND EVENING OF MARCH 22ND FOR THE BENEFIT OF THE UNOERPRIVILEGED CHILDRENS' FUND OF THE KIWANIS CLUB, AND MR. WEBB HAD SUGGESTED THAT THE CITY OF DELRAY BEACH TURN OVER TO:THE CLUB FOR THE DAY ALSO, APPOINTING MEMBERS OF THE KEY CLUB TO THE VARIOUS OFFICES AND JOBS CONNECTED WITH THE CITY, SUCH APPOINTMENT BEING OF A PURELY HO~ORARY CHARACTER FOR THAT DAY ONLY. MR. WEBB HAD ASKED THAT TH I S IDEA BE PRESENTED TO THE MEMBERS, TO SEE IF THEY WERE FAVORABLE TO IT. THE COUNCILMEN ALL EXPRESSED THEIR APPROVAL, STATING THEY WOULD BE GLAD TO COOPERATE WITH THE CLUB IN THE WAY SUGGESTED. UPON RECOMMENDATION OF THE MAYOR, E. H. SCOTT WAS APPOINTED ON THE ELECTRICAL BOARD TO FILL THE VAGANCY OF D. M. BRADSHAW. QUOTATIONS WERE READ FROM THREE FIRMS, ON REPAIR PARTS AND FITTINGS FOR CHANGES AND REPAIRS AT ITHE WATER PLANT AND IT WAS MOVED BY MR. SABATH THAT THESE PRICES BE TURNEO OVER TO THE CITY ENGINEER AND WATER COMMITTEE FOR RECOMMENDATION, ALONG WITH THE PUMP ~UOTATIONS. MR. HILL SECONDED THE MOTION, WHICH &ARRIED UNANIMOUSLY ON ROLL CALL. THE CITY ENGINEER PRESENTED A RE~UEST FROM A. B. GAWLER, THAT THE CITY FOLLOW ITS RECENT PRACTICE OF PAYING HALF THE COST OF SIDEWALK CONSTRUCTION, IN THE REBUILDING OF WALK IN FRONT OF HIS PROPERTY, LOT ,9 BLOCK 101. UPON EN~UIRY, THE CITY ENGINEER STATED HALF OF SUCH RECONSTRUCTION COS:r'lWOULD RUN AROUND $20.00. IT WAS MOVED BY MR. HILL THAT THE CITY ENGINEER BE INSTRUCTED TO REpAIR SAID SIDEWALK ON S. E. FIFTH AVENUE IN FRONT OF THE GAWLER PROPERTY, THE CITY TO PAY HALF THE COST. THE REPAIR OF STREET INTERSECTION, AT THE CORNER OF SECOND STREET AND S. E. FIFTH AVENUE WAS DISCUSSED, ~ND THE CITY ENGINEER REPORTED HE COULD RENT A ROLLER FOR $5.00 PER DAY WITH WHICH TO DO THIS WORK. IT WAS ACCORDINGLY MOVED BY MR. JACOBS THAT THE CITY ENGINEER :1646 COUNC I L CHAMBER FEBRUARY 17, 1941 BE INSTRUCTED TO REPAIR SAID CROSSING. MR. SCOTT SEOONDED THE MOTION, AND ON ROLL CALL THE VOTE WAS AS FOLLOWS: MR. HILL YES, MR. JACOBS YES, MR. MILLER YES, MR. SABATH YES, MR. SCOTT YES. THE MOTION CARRIED. THE CITY CLERK BROUGHT UP THE MATTER OF 194'1 TAX ASSESSMENT AND ASKED THE COUNCIL TO CONSIDER THE APPOINTMENT OF A BOARD OF ASSESSORS TO ASSIST IN MAKING THIS YEAR'S ASSESSMENTS. IT WAS SUGGESTED THAT THE COUNCIL MEET WITH ROY DIGGANS, AT SOME TONE, AND GO INTO HIS METHOO OF ASSESSING BUILDINGS BEFORE PROCEEDING WITH SUCH TAX ASSESSMENTS. THERE BEING NO .FURTHER BUSINESS TO COME BEFORE THE COUNCIL, IT WAS REGULARLY MOVEO, SECONDED AND CARRIEO THAT COUNCIL ADJOURN. ~~.c..~ CITY CLERK _