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09-11-40 Adjourned Regular 1531 COUNC IL CHAM3ER SEPTEMBER II, 1940 THE COUNC IL MET IN REGULAR AOJOURNEO SESSION AT 7:30 P.M. WITH THE CITY ATTORNEY AND ALL COUNCILMEN PRESENT. If BEFORE GO ING INTO THE BUSINESS OF SETTING THE 1940 BUDGET THE MAYOR ASKEO THE CITY ATTORNEY'S OPINION AS TO THE PROPER PROCEDURE TO BE TAKEN IN REFERRING ZONING CHANGE RE'!UESTS TO THE ZONING COMMISSION, OONTENOING THAT THE COUNCIL HAD ERRED IN REFERRING THE VISTA DEL MAR RE'!UEST TO SAID COMMITTEE. WITHOUT FIRST HAVING DECLAREO THAT AN EMER- GENCY EXISTED. INASMUCH AS THE ORDINANCE OOES PROVIDE THAT SUCH A PROCEDURE BE FOLLOWED IN DISPOSING OF RE~UESTS RECEIVED DURING THE MONTHS OF MAY TO NOVEMBER, MR. NOWLIN RECOMMENDED THAT THE COUNCIL'S ACTION BE TAKEN ALONG THESE LINES. AFTER SOME DISCUSSION, IT WAS FINALLY MOVED BY MR. BRADSHAW THAT THE COUNCIL DECLARE AN EMERGENCY TO EXIST I N THIS PARTICULAR CASE, AND THAT THE RE'!UEST BE REFERRED TO THE ZONING COMMITTEE, AS PREVIOI1JlSLY VOTED AT MoNDAY NIGHT'S MEETING. MR. HILL SECONOED THE MOTION AND ON ROLL CALL THE VOTE WAS AS FOCLOWSI MR. BRADSHAW YES, MR. CREGO YES, MR. HILL YES. MR. JACOBS YES, MR. MILLER YES. THE MOT ION CARRIED. '" ,) , THE MAYOR REFERRED THE MATTER OF OCCUPATIONAL LICENSE. CHARGED J. J. SIMMONS FOR HOUSEMOVING. TO THE COUNCIL FOR DECISION. DUE TO MR. SI~NON'S AGE AND HIS OBLIGATION IN HELPING TO SUPPORT MINOR GRANDCHILDREN, THE MAYOR RECOMMENDED THAT THE $20.00 BALANCE. DUE ON HIS LICENSE, BE REMITTED. AFTER DISCUSSION IT WAS MOVED BY MR. HILL THAT THE CITY CLERK BE AUTHORIZED TO MAKE A CHARITY DONATION TO MR. SIMMONS OF $20.00. MR. BRADSH AW SECONDED THE MOT ION AND ON ROLL CALL TH E VOTE WAS AS FOLLOWS I MR. BRADSHAW YES, MR. CREGO YES, MR. HILL YES, MR. JACOBS YES, MR. MILLER YES. THE MOTION CARRIED. THE FOLLOWING RECOMMENDATION FROM THE CITY ENGINEER FOR REMEDYING THE FLOODED CONDITION AT THE CC!RNER OF FEDERAL HIGHWAY ANO FIRST STREET WAS SUBMITTED TO THE COUNCIL. MEMBERS OF THE CITY COUNCIL GENTLEMEN: '> THE WRITER HAS' INVESTIGATED THE POSSIBILITY OF DRAINI NG THE INTERSECTION OF S.E.FEDERAL H~GHWAY AND FIRST STREET, AND ARRIVED AT THE FOLLOWING. EVEN WITH FREE LABOR, THE COST OF INSTALLING A PERMANENT SEWER LINE WHICH WOULD EMPTY INTO THE CANAL. WOULD COST SO MUCH FOR MATER IAL AND BREAKI NG AND RE- PLACING PAVEMENT THAT SUCH. AN INSTALLAT ION WOULD NOT SE JUSTIFIED AT THIS TIME. 1532 COUNC I L CH AMBER - SEPTEMB ER II. 1940 1 IT IS MY BELIEF THAT THIS INTERSECTION CAN BE SUCCESSFULLY DRAINED FOR SOME TIME BY THE INSTALL- ATION OF 175 FEET OF 6 INCH TI LE, WHI CH WOULD SE PERMANENT INSTALLATION ANO COULD BE CONTINUED EAST AT A LATER DATE; ON THE END OF TH IS LI NE, WE COU LD INSTALL A TEMPORARY CATCH BASIN WHI CH WOULD ALLOW THE STORM WATER TO FLOW OUT ON THE SHOULDERS OF FIRST STREET ANO HAVE ABOUT 100 FEET OF SAND WHICH WOULO NO DO UBT ABSORB ALL THE WATER BEFORE ANY OF IT WOULD REACH SEVENTH AVENUE. IT IS MY BEL IEF THAT LABOR AND MATERIAL FOR THIS WORK WILL NOT EXCEED $75.00. R5SPECTFULL Y SUSM I TTED, .~. /S/ HOWARD CROMER ACTING CITY ENGINEER IT WAS MOVED BY MR. CREGO THAT THIS RECOMMENDATION BE ACCEPTED AND THE WORK BE PROCEfDED WITH ALONG THE LI NES SUGGESTED BY MR. CROMER. MR. MILLER SECONDED THE MOT ION AND ON ROLL CALL THE VOT-E WAS UNANIMOUS AND THE MOTION CARRIED. By MOTION REGULARLY MADE, SECONDED AND CARRIED THE FOlLOWING ORDINANCE WAS PLACED ON ITS FIRST READING: ORD INANCE 372 AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLOR IDA, AMENDI NG ORDINANCE 243, BOOK 4, BEING AN ORDINANCE FIXING OCCUPATION'" AL" TAXES AND LICENSES TO BE CHARGED VARIOUS PERSONS, FIRMS OR CORPORATI~NS ENGAGED IN OR MANAGING ANY BUSINESS, PROFESS ION OR OCCUPATION IN THE CI TV OF DELRAY BEACH, FLORIDA. IT WAS MOVED BY MR. CREGO, SECONDED SY MR. BRADSHAW, AND ON ROLL CALL UNANIMOUSLY CARRIED THAT IT BE ADOPTED, AS AN EMERGENCY ORDINANCE, ON ITS FIRST READING AND FINAL PASSAGE, TO BECOME EFFECTIVE IMM EDI ATEL Y. BY MOTION REGULARLY MADE, SECONDED AND UNANIMOUSLY CARRIED THE FOLLOWING ORDINANCE WAS PLACED ON ITS FIRST READING. ORDINANCE 373 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CALLING FOR A PRIMARY .. 1533 COUNCIL CHAMBER - SEPTEMBER II, 1940 , ELECTION TO NOMINATE CANDIDATES FOR THE OFFICE OF CITY COUNCILMEN IN GROUPS D AND E, PROVIO'ING HOW CANDIDATES THEREIN SHALL QUALIFY FOR SUCH PRIMARY ELECTION, AND APPO I NT I NG A CLERK AND I NSPECTORS TO HOLD SAID ELECTION. IT WAS MOVED BY MR. HILL THAT THE ORDINANCE SE PASSED ON ITS FIRST READING. MR. BRADSHAW SECONDED THE MOTION, AND, ON ROLL CALL, THE VOTE 'WAS AS FOLLOWS: MR. BRADSHAW YES, MR. CREGO YES, MR. HILL YES, MR. JACOBS YES, MR. MILLER YES. THE MOTION CARRIED. 'l;': By MOTION REGULARLY MADE, SECONDED AND UNANIMOUSLY CARRlaQ THE FOLLOWING ORDINANCE WAS PLACED ON ITS SECOND READING: ORD I NANCE 368 f i , AN EMERGENCY ORD INANCE OF THE CITY OF DELRAY BEACH, IN PALM BEACH COUNTY, FLORIDA, AMENDING THAT CERTAIN ORDINANCE NO. 193, DULY ENACTED SEPTEM3ER 13, 1937, RELATING TO THE SALE OF INTOXICATING LIQUORS AND BEVERAGES WITHIN THE CITY OF DELRAY BEACH, AND PARTIC- ULARLY RELATING TO LICENSES FOR WHOLESALE AND RETAIL VENDORS OF INTOXICATING LIQUORS. " THE ORDINANCE HAVING BEEN READ IN FULL, THE SECOND TIME, IT WAS MOVED BY MR. BRADSHAW THAT IT BE ADOPTED ON ITS SECDND READ- ING AND FINAL PASSAGE. MR. CREGO SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY ON ROLL CALL. MR. CLINT MOORE APPEARED IN REGARD TO HIS PREVIOUS PROPOSI- TION FOR DREDGING THE CITY'SPROPOSED COMMERCIAL BOAT SLIP. THE COUNCIU MEMBERS WERE STILL UNPREPARED TO MAKE A DEFINITE DECISION IN THE MATTER, STATING THEY WOULD FIRST LIKE TO WORK OUT THE '1940 _ 1941 SUDGET APPROPRIATIONS TO SEE IF THE WORK COULD BE FINANCED AT TH IS TIME. '. THE COUNC IL THEN PRO CEEDED TO TAKE UP THE MATTER OF BUDGET APPROPRIATIONS ANDTAX LEVY FOR THE YEAR 1940 - 1941. MR. J. C. KEEN ADDRESSED THE COUNCIL, IN BEHALF OF THE GOLF COMMITTEE, ASKING FOR AN APPROPRIATION OF $2,000.00 FOR GOLF COURSE OPERATION AND MAINTEN- ANCE AND FOR A $500.00 CONTINGENCY ITEM, WHICH MAY BE USED FOR PUR- CHASE OF LAND I N THE OLD HOMEWOOD SUBD IV 151 ON, WEST OF THE CANAL, AS AN ADDITION TO THE GOLF COURSE PROPERTY. HE KXPLAINED THAT IT WOULD BE LESS EXPENSIVE TO PURCHASE THIS PROPERTY FOR THE CONSTRUCT- ION OF ANOTHER NINE HOLES THAN IT WOULD BE TO BUILD UP TO THE RE'!UIRED ; LEVEL THE LOW-LYI NG GOLF COURSE PROPERTY EAST OF THE CANAL. MR. j KEEN STATED THE GOLF COMMITTEE HAD MADE A LOT OF IMPROVEMENTS, BEYOND THAT COVERED BY MONEY OBTAINED FROM THE CITY, THROUGH PRIVATE DONATIONS OF CASH, LABOR AND SHRUBS. COUNCILMEN MILLER AND BRADSHAW SOTH. 1534 COUNCIL CHAMBER - SEPTEMBER I I, 1940 t COWENDED THE COMMITTEE ON ITS GOOD WORK AND THE FINE RESULTS SHOWN. IT WAS MOVED BY MR. Orb-leER THAT THE RE'!UESTED APPROPRIAT IONS OF $2,000.00 AND $500.00 BE MADE TO THE GOLF COMMITTEE FOR THE PURPOSES OUTLINED BY MR. KEEN. MR. CREGO SECONDED THE MOTION, WAlon CARRIED UNANIMOUSLY ON ROLL CALL. IT WAS FURTHER MOVED BY MR. BRADSHAW THAT THE CITY CLERK ADDRESS A LETTER TO THE GOLF COMMITTEE EXPRESSING THE COUNCIL'S APPRECIATION FOR THE 1Il00D WORK DONE. MR. HILL SECONDED THE MOTION, WHICH CARRIED UNANIMOUSLY ON ROLL CALL. " ON THE BASIS OF RECOMMENDATIONS FROM HEADS OF THE VARIOUS CITY DEPARTMENTS, THE MEMBERS THEN PROCEEDED TO S ET UP TENTATIVE BUDGET FIGURES, AND AN ESTIMATED OPERATING LEVY OF 22 MILLS AGAINST WARDS I AND 2, FOR THE YEAR 1940 - 1941. AT 10:00 P.M. IT WAS REGULARLY MOVED, SECONDED AND CARRI ED THAT COUNC IL ADJOURN TO'MEET IN ADJOURNED REGULAR SESSION AGAIN AT 7:30 P.M. THURSDAY, SEPTEMBER 12TH TO COMPLETE WORK ON THE BUDGET, AND TO TAKE UP OTHER ITEMS OF BUSINESS NECESSARY AT THAT TIME. , ~~ .Q 0-1-11f f! CITY CLERK APPROVED: ~ ~~~--e MAYO'" " .,.,', .