06-16-41 Regular Adjourned
1736
COONCIL CHAllBm
June 16, 1941
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The Ccuncll met. in adjOl1~ d regular seas ion at 17::30 P.J(.
nth the City Attorney and all members of thl Council present.
Call was made for objections to the proposed improveDllnt of
S.W. Second Street, (from S1II.nton Ave. to s.w. 5th Ave.), as set forth in
Resolution 395, and duly advertised in three past illlues at the Delray Beach
News. 1Ir. A.L. Albeim appeared in behalf of .lIrs. Fred Hildebrand and
entered protest on tbe ~unds that the paving 1fIUl not in bad condition
adjacent to IIrs. Hildebrand's properw-, vis Lots 1 and 24 in block 47, and
shI felt the re-paving wmld be of no 'added benefit tio her. The City Engineer
explained that the contemplated jmprovlUBnt was not so m~h at matter of
repairs but at ndening.lt was asked that lire. Hildebrand's objection be
recorded. S81118 being deemed insufficient, D:>wever, it was DDved by Kr.
Hill that this worle be proceeded with as. altl1ned in the duly adopted
resolutions. Kr. Killer seconded thl motion and on roll call the vote was
as follows: Mr. Hill ;78s, 1Ir. Jacobs ;78S, IIr.Killer )'II s, Kr. Sabath ;78s,
1Ir. SCott yes. The mation carried.
The following estimate on inst.U"t.ion of fire b;drant, as
previmsly zequested by F. Kortenbeutel and Jlrs. Schrader was submitted br
the tire chief.
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July 16th, 1941
HOIl. _or E.H. Scottaand City Council
Delray Beach,' Fla.
Gentlemen:
.,
In compliance nth your request I hlrewith submit tbe
recolllllenelation and estimate on a new fire hydrant and valve
to be placed 550 fest north of the present north fire hydrant
on North Swinton A~n~.
This hydrant at thl.s point will place all dwellings in that
area withiI\' the recplired 500 feet of a file hydJant.
550
1
6" main ti.lO laid
Hydrant and valve
Total
$605.88'
100..
$ 705.00
It used pipe is available it will IIIrve just as well.
Respectfully.
L.W. COOK
Chief Fire Dept.
/s/
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June 16. 1941
It was explained that the above 6-inch IllLin _.ld replace tbe 2-inch now in
use. SoUII of the members considered the installation too cos~ in comparison
to the benefit to be derived and action was deferred for the time being.
'!he hair of 8:00 O'clock having arrived, it was regularly moved
seconded and carrie d that bids be opened on caulking the City Hall Building
and on painting of other ci ty properties.
Caulkin.:
South Flori eIa Roofing Coopany
TropiCal Rco ting Co~~
$ 93.,;l
310.00
PaintiI1ll: (accordl.Ilg to specifications)
E.E. Hagerman $1,290.15 plus
C.O. Hassn l,937.lllO plus
C.R. O'Donnell
288.50 temis cts - $1,578.65 total
293.00 tl .. - 2,230.00 total
114.50 .. ..
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It was moved by Ilr. Killer that the caulking contract be awarded
to tbe Florida Rcoting Coopany, as lClll'est and best bidder, said work to be done
in accord with specifications. Kil. Sabath secomed the motion and on roll call the
vote was as follows: llr. Hill yes, 1Ir. Jacobsye s, JIr. Killer yes, Ilr. Sabath
yes, Ilr. Scott yes. The motion carried.
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In tlB awardiIlg of contract for thl temis court painMng,
question arose as to bidders holding contractors license. Thfs was .med necessary,
and Mr.. O'DomeJl stated it 1lOO.1d not pa;y him to take out such. The City Attorney
also I1lported that tbe City was not liable for injury sustained on the job,liince
this was So liability of tiB contractor. Arter we conliideration of the bids, it
was moved by Ilr. Hill that the bid for painting of all city properties, as set
forth in specifications, be twarded E.E. Hagerman, as lowest and best bidder. llr.
Sabath seconded the motu.n and on roll call the vote was as follClll's: Mr. Hill
yes, JIr. Jacobs ;yes, Mr. Killer yes, )[r~ Sabath yes, 1Ir. Scott yes. The DDtim
carried.
Recommendation from tbe Building.J:nspector was sublll.tted asking
that Emna Reynolds be penoltted to DDve six cottaaes (located on the ciW- strest
end on wro~ lots) in Block 23, to proper locatjons on lots intended, at a minimum
fee of $5.00 for all six houses. It was according:q DDved by llr. Hill, seconded
by Ilr. Killer, and on roll call Ull"nimnusly can-led that the Building Inspector's
reCOlllllenda tion be approved and tHe' request be grenteJi..
A letter was read from J.R. Pomeroy, !lartin Calnty Clerk, to the
effect that Ilr. Noble was owner of the greater part of the Goldan Gate Subdivision
and it was believed he had a right to SElll the pipe offered to the City; that
althougl:l olJjections had been raised tw some of the lot owners they md been unable
to stop such sale of pipe. It was therefoze DDved b.r Ilr. Killer that the City
Fbgineer be authorized to plrchase approximately llOO feet of lO-incil pipe f.o.b.
on mspectjon, Delray Beach,llbipment to be made with1.n thirty da,y"s. Ilr. Hill
seConded the motim and on roll call, it carried unanimously. It was further
moved, seconded and carried tmt the City Engineer contact 1Ir. Noble and enquire
1738
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June 16, 1941
hClll'much six and e.1ght inch pipe he has on hand and what price he is aBld.ng for it,
report to bs made back to council at next _tinge
Specifications on a new dump tmck for the street departnBnt
were 8llbmitted by City Engineer and it was mClV'lid by Calnc1l:san Killer that Ilr.
CJOmer be authorized to ask for bids on tmck specified, sa1d bids to be opened
Wednesday night. June 18th at 7 :30. Kr. Hill seconded the motion, which carried
"".."i mo'1sly on roll, calI. .
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At thls point in the mesting W.A. Jacobs pIe sented to the
Council a frlllll8d "Pledge of Allegiance" to hang on the Calncil Room wall, and the
Kqor, in behalf of the ~ers, accepted Slllle and tlBnked Mr. Jabobs for it.
The City Engineer reported that. l'8 was now react> to start on the
various ci ty projects Olltllned previously to tbe Council, &lid asked that the
imnediate employJlllnt of Jack Carver be authorized. t. It was accorcliIlgly moved by
1Ir. Sabath that the City Engineer be authorlzed to hi" Ilr. C~ t:!"Om _k to
week at a salary of $:cD.00 per _k, until suQh tiDII as his lIIrvices are no long..
needed. JIr. Hill seconded tbe mation and on roll call it c&n-ied "nJI"i1lVW1S:q-.
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The City Engineer reported that the School Band had requested
some llght at the City Band shell for a concellt, '1'hursday ni81t, June 19th.
aeftral lights, to enable the boys to read their music, Mr. CrODllr said wculd
cost in the neighborhood of $10.00 and could be temporiril,y serviced through
the Recreation Cmter's connection. He IBid to install permanent lighti~, as
originally intended, it 1IOU.ld cost between $75.00 and $100.00. After disCllseion,
it was moved by Ilr. Hill that the CiW- spend the SIIIOllnt of $10.00 for a tBmporary
hcok-up in band shan. 1Ir. Sabath seoonded the DD tion and on roll eal1 tl'8 'VOte
was as follows: llr. Hill Jl8S, Ilr. Jacobs yes, Mr. Killer yes, Kr. Sabath Jl8S,
Ilr. Scott yes. The DDt50n carried.
Engineer's estimate of costs, as tollows, was subnitted and
read to the Council:
Delray,Beach, Florida.
June 3, 1941
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City Council
Delray Beach, Florida.
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;::-<-
GenUCIIlen :
In accordance with ;your instructions I Slbmit below
an estimate ot the cost for widening the East Side of N.E. 7th
Avenue from Atlantic Avenue to N.E. 2nd Street:-
J. IlEADIlRBOARDS 800 i.F.K. flJIJ.oo 32.00
GRADlOO 5Ocu.yds .. .JI), :cD.90
ROCK 42 cu.yds .. 1.00 42.00
SURFACING 420 Sq.yds. .. .10, 42.00
.. 42.00
OILING 2 coats 420 S1f.yds. @ .10#
Yery tmly ;yours, $ 178.00
/s/ HClfARD L. CROllER
Po", +._ 1l..........-._
1739
June 16, 1941
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Ilr. Sabath said he considered this work merely a repair job
and thought it 1I!hQ1ld be done at tbe City's expense. Other m8llbers thought it
comparable with the widening of S.W. Second Street 4hd therefoze just as much
SI:ilject to assessDllnt for the co st. The CityEIlg1nesr recOlllllended that the
3O-inch widening be made on both sides of the wtreet, and it wasJIDved tv 1Ir.
Hill that the City Clerk contact propert;r owners on N.E. 7th AvSlUB, between
Swl.nton Avema and Second Street, and enquire whether the,y would ba willing to
pq cash tor the expense of ackUng 30inches to the 1ti.deth of the paving, same
to be constructed with he ader bilards. Mr. Killer seconded the DDtion, and on
roll call the 'VOte was as follows: JIr. Hill ;78s, Kr. Jacobs ye s, Kr. Killer
;78 s, Kr. Sabath 18S, Mr. Scot!; 18s. The Jll)ticn can-ied.
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i'he resignation of Kiss Lois Kil(pre frOlll the CiW- Board of
Beauw- Culture ~"",1"ers was presented, and Ilr. Killer m09'ed that it be accepted.
JIr. Hill seconded the motion and on roll c all the vots was as followsl JIr. Hill
yes, Ul'. Jacobs ;y8S,IIr. lfiller ;78s, Ilr. Sabath 18S, Ilr. Sgott yes. The Jll)tion
cartie<i. It was further DDved by Kr. JIiller that the City Clerk write and ask
IIrs. CroDllr if she will continue to serve on thl.s D:>ard or it she intends to
resigp, so that all necessary aj:pointments to this Board may be made by the
CounCil at this tima. Mr. Hill secondsd the motion which carried ur.....1mnusly.
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Notice trom the War DepartDllnt that a,pplica tion had been made
by Smith 8< Kitchen to dredge the Canal South of Delmy, was lead, and ordered
tiled.
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A collllllllDication was le ad from J .F. Rile:r of BesseDllr Properties,
Inc., stating h1.s company 1'&8 conal_ring submitting a compromise proposal, for
the City's approval. on the f1.ll'nishl.ng of water to the Town of Gultstream. It
was therefole decided to postpoie. the Council's meetiIlg for condideration at thl.s
matter until after the above proposal is received from the Bessemer people.
It was reco-.Ilded by Ilr. Hill that the Council worle aI t a plan
wbereby citizens would be penaL tt.ed a DDre liberal use of water for lawns and
shrubbery dlJl'iIlg the SWIIIIIlr months, aM a reduction in the rates during the dry
SU8l8r season, was suggested. JIr. Hill stated that Lake Worth provided a lIWIIIler
rate for \uch plU'pose and reco-.nded that the City Clerk write and f.l.nd out on
what baaiBcharges 1I8re made for such water consumption during the ~.
'!he lla70r enquired about the proposed ordinance regulating siD
of meters to be installed by consumers and was informed that air present ordinance
conflicted with the proposed regulation. The City Attcrney therefore agreed to
draw an amendmErl. t to the water ordinance that _ld perm!. t enforcelll8l t of this
regulations.
Ilr. Jacobs le ported haviIlg had a request trom the Colored Metho-
dist Church askiq: if the citywauld tumish rock from its pit for tlB rocking of
a driveway into thejr church, provided they themeslves did the hauling. SClIII8 of
the members thcught it a bad precedent to ast and after discussion it was recom-
mended that the Clerk wr.I.te infbnaLng these people that the City had IX> rock
available at the present tiDII.
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The City Engineer calJad the Council's attention to the existing
ordinance which prohibited the use in any p.lblic street or alle;y-wa,y of rock which
1'740
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~ 16, 1941
does not COUll up to Stete Rosd Department specifications No.2, and since the
rock from the CiW- pit did not meet nch specifict10n he recolllllllnded that the
ordinance be &DIInded to pezmi t its use by the Cit;y in its plblic projects.
Mr. Scott reported haviIlg had a complaint that the alley in
Block 99 was being used for the disposal of junk and rubbish and asked if there
was no way of stopping a man from using a public alley for such purpose.
Discussion then ensued as to whether the City had an alley through blocks 98 and
99, since plats on these blocks conflicted and on one seemed to knOllf the true
status of the property lines. It was recomnended that the City Attorney prepare
a written opinion for the Council in regaTd to tbe existence of an alley through
these two blocks, so that the City might have it on record.
In answer to an enquiry from the Kqor it was decided to permit
thl sale of fireWl:)rks in town and to allow them to be discharged only on
private p,f'mises, in tbe pl.qground, park, beach or other open lSibace, under the
supsrvicion of tlB Fire and Police Chief's. It was further recollllll6nded that this
perml.ssion be granted for the 4th of July only and that on no account were they
to be shot 01'1: on the public streets or in the rosiness section cf~ the City.
The Clerk was authorized to loan the Cityts abstract on Lot
6 Block 101 to E.C. Hall and accept rece:lpt therefor.
COtUlcilman Miller said at the tiDII he accepted the Kayorship
he had asked that a resolution be passed giving him additional p01lllrs, and since
he had relrlgned the office he thought it only right to request that sa1d reSo-
lution be rescinded. He therefore moved that this be c:bne, and tlB motion was
seconded by Mr. Sabath and unanimcusly can'ied. 1Ir. SCott stated he was willing
to carry on, under tbe provisions of said le solution providing the lII&lIIilers wished
to grant him such power. 1Ir. Jacobs said he was not in favor of the resolution
as he did not believe any man shalld be granted that much power.
After discussion it was DDved by JIr. Sabath that the pOll8rs
set forth in Resolution No. 385 be delegated to Ilqcr Scott, during his tenure
of office. 1Ir. Killer seconded the moticn am on roll call the vote was as
follows: Ilr. Hill yes, Kr. Jacobs rot wtJng, JIr. Ililler yes, JIr. Sabath ;l'8S,
Ilr. Scott not voting. The motion carried.
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It was regularly moved, seconded and unaimously carried-that
Council adjeunl to meet in regular adjOl1nBd session at 7:"3) P.K. Wedilesda,y
June 18th, for the purpose of receiving truck bids and for the transaction of
any business needing to be disposed ~ at that tillll.
'-kaf~A).a~
CITY ClERK .
'"' APPROVED l
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lIAYCR. ~