02-27-39 Regular
COUNCIL CHAMBER
February 27, 1939
,,,1151
The Council met in regular session at 7:30 P.M.
with the City Attorney and following members present:
Mr. Bradshaw, Mr. Crego, Mr. Hall, Mr. Hill and Mr. Mille~.
The minutes of the meetings of February 13th,
20th, and 24th were approved as read.
The following communication was presented and.
read by the Clerk,
Boynton, Fla.
Feb. 25th, 1939
Hon. City Council
Delray Beach, Fla.
Gentlemen,
j
~ I would thank you to give me the same
"eonsideration given qther property owners of Delray
'/ Beach East and West of the Canal, who have built
n4w sidewalks this and last years, by the City
paying one half of the cost.
I paid plenty for the original walk when.
purchasing the property, and have paid all taxes
and assessments against the property since thattime.
Your Clerk's statement shows a cost of
$87.00 of which $12.00 is for moving my tree to
other property.
I will ask that a refund of one half the
cost of the sidewalk plus the $12.00, which amounts
t') $ 49.50.
"
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Yours truly,
DR. H.S. Deming
.;
and in regard to the. request therein contained, it was
moved by Mr. Bradshaw that the same action M taken as was
authorized in the case of C.N. MaeLtlren I s slde\V/il.J.k;.,request
presented at las~ Council meeting. Mr. RaIl S~~?~~edthe
motion, which on roll call, carried unanimously;'''
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COUNCIL CHAMBER - February 27, 1939
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Mr. Crego moved that the City Clerk write
Dr. Deming explaining to him that the tree in question
belonged to the City and had been moved from its location
on Atlantic Avenue to City property on the Ocean Boulevard.
Mr. Bradshaw seconded the motion which carried unanimously
on roll call.
The following letter from the Office of the
Clerk of the Circuit Court was read:
West Palm Beach, Fla.
February 17th, 1939
City Clerk
Town of Delray
Delray, Florida
Dear Sir,
h
Enclosed you will find copy of House BIll
#396, better known as the ~urphy Act". Your
attention is directed to Section 9 which provides
"the fee simple title to all lands, against whIch
there remains outstanding tax certificates which
on the date this act becomes a law t June 9~ 1937) ,
are more than two years old (June lOt 1939) shall be-
come absolutely vested in State of FlorIda" etc., etc..,
It occurs to me that your City might want
to protect its interest by purchasing the State
Certificates covering property on which your City
holds street paving or other liens as well as
delinquent eitytaxes before the expiration date
of this law. I will be glad to furnish you wfth
list of State Certificates on property in y~ur City
together with statement of Costs of Purchase if you
so desire.
All applications to purchase must be filed
in this office on or before May 10, 1939.
Yours truly,
George O. Butler, Clerk,
W.L. McGriff,
Deputy Clerk.
,
and on motion of Mr. Crego, seconded by Mr. Bradsnaw and
unanimously carried the Clerk was directed to secure'a list
of the delinquent properties from Mr. Butler's office with
a vIew to protecting the City's interest in such.perty
as is considered desirable. ,~"."
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1153
COUNCIL CHAMBER - February 27, 1939
(
On Motion of Mr. Bradshaw,seconded by Mr.
Crego and unanimously carried the Building Inspector was
instructed to issue permit for erection of a sign at
Delray Beach Motors I used car lot, corner of Atlantic
and Fifth Avenues.
Councilman Hall reported that a sign advertis-
ing B. & B. Cottage Court had been erected opposite the
Gulf Service Station on South Federal Highway for which
no authorization or permit had been issued. He said he
would like to see the Police Department instructed to
remove it. Mayor Hill agreed to have the sign taken down.
Councilman Crego said E.J. Rummell had com-
plained to the Sanitary Department regarding dogs on
leashes being led through the grocery stores and meat
markets, and had recommended that some ordinance be
passed prohibiting this practice. No action was taken.
Mr. Crego reported, also, that his department was going
to insist ona cleanup of the rear premises of stores
and eating places, some of which were in a very unsanitary
condi tion and if same were not taken c are of wi thin a
reasonable length of time, warrants would be sworn out
for violation of the sanitary ordinance.
It was moved, seconded and carried that the
following ordinance be placed on its second reading.
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ORDINANCE 21\3
~
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA
AMENDING AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACH, FLORIDA, FIXING OCCUPATIONAL
TAXES AND LICENSES TO BE CHARGED THE VARIOUS PER-
SONS, FIRMS OR CORPORATIONS ENGAGEl!I IN OR MANAG-
ING ANY BUSINESS, PROFESSION OR OCCUPATION IN THE
CITY OF DELRAY BEACH, FLORIDA.
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The ordinance having been read in full for
the second time, it was moved by Mr. Crego that same, be
passed on its second reading and final passage. Mr. Hall .
seconded the motion, which carried unanimously on roll call.
On motion of Mr. Hall, seconded by Mr. Brad-
shaw, and unanimously carried the following resolution
was adopted:
RESOLUTION 266
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, ,FLORIDA, DESIGNATING DEPOSITORIES
FOR CITY FUNDS.
11.54
COUNCIL CHAMBER - February 27, 1939
The following amended ordinance was also
submitted and, on motion regularly made, seconded and
carried, placed on its second reading.
' .
ORDINANCE 258
AN ORDINANCE OF THE CITY OF DELRAY BEACH,
FLORIDA, :PROVIDING 'mAT A PERMIT SHALL BE
OBTAINED FROM THE CITY BUILDING INSPECTOR
OR CITY ENGINEER BEFORE ANY GRADING, PAV.
INGS, OR REPAVING, SURFACING OR RESURFAC-
ING OR PLACING OR REMOVAL OF TREES OR
SHRUBBERY ON OR FROM THE STREETS, HIGHWAYS,
AVENUES. LANES; ALLEYS AND OTHER PUBLIC
PROPERTY WITHIN THE (j:J:TY OF DELRAY BEACH
SHALL BE DONE BY ANY PERSON OR PERSONS,
PROVIDING CERTAIN SPECIFICATIONS FOR SUCH
IMPROVEMENTS, AND PR OVIDING A PENALTY FOR
FAILURE TO OBTAIN SUCH A PERMIT OR FOR OTHER
VIOLATION OF THE ORDImNCE.
1
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The ordinance he ving been read in full,
it was moved by Mr. ~radshaw seconded by Mr. Crego, and
on roll call unanimously carried, that same be passe4
on its second reading and final passage.
It was further moved by Mr. Crego, in this
regard, that any company supplying rock to the City shall
be required to furnish a certificate from the State
Road Department showi~ that said rock comes up to the
State Road Department's Grade 2 specifications. Mr. Brad-
shaw seconded the motion, whicHcarried unanImously on
roll call., -"\
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It was moved by Mr. Hall seconded by Mr.
Crego, and unanimously carried, on roil call, that the
Fire Chief be authorized to purchase a rebuilt grease
gun offered for $23.00, whIch Mr. Cook considered a
bargain at the price.
Miss Galvin enquired what action had been
taken on III Mr. Bradshaw's anti-noIse ordinance proposed
some time ago to regulate building construction during
the winter Season, and was informed that same had been
tabled for the time being but that it was the intention
of the Ordinance Committee to provide some such regulation
before another Season.
Complaint was made by Mrs. Weir and otherS
'regarding traffic congestion on N~E. Fourth Avenue,
between Atlantic and First Street. She said with ang~lar
Parking on both sides of Fourth Aventte It was impOssible
for two cars to pass each other and in case of fire the
trucks would be unable to get through these parked cars.
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1155
COUNCIL CHAMBER - February 27, 1939
The Chief of Police explained that angular parking had been
marked on said stree~ on the assumption that it was a 40-
foot street as shawn on the maps but that actually it was
only 37 feet wide. After considerable discussion it was';,
decided to change the East side of the street from angle. to.,i;J1
parallel parking. ,1\;
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The Chief of Police asked permission to order
stop markers for street intersections. He said these were
made with ref'lector buttons inset and were much more satis->
factory than painting "Stoptt signs on the streets, it beitlg ,,'
impossible to keep tl1ese painted and in readable condition.
He said, in quantities of ten or twelve, these signs could
be purchased at a price of $8.00 or $9.00 each or at about
$14.00 if purchased singly. It was moved by Mr. Hilllthat,! "'.'
the CIty purchase a dozen of said reflector signs. Mr.
Miller seconded the motion, provided finances warranted
the purchase at this tl~e, and on roll call said motion
carried unanimously.
Mr. Mil;ter reported, the sewer diSCharge pipe
which empties into the canal was several feet above low.,
water mark and he recommended the addition of an elbow , '
to run the pipe down under the surface. Mr. Baker ,stated ~~
he had a Joint of' pipe on hand and would require only/!-n"., ~:
elbow. It was therefore moved by Councilman Hall that Mr... : -lid
Baker be authorized to order a quarter turn for said pur"';',;:Jlf':'
pose. Mr. Miller seconded the motion and on roll callthe::;;1if
vote was as fOllOws: Mr. Bradsb,aw;yes, Mr. Crego yes"
Mr. Hall yes" Mr. Hill yes, Mr.~~il1er yes. The motibn
carried. '
Mr. Bradshaw moved that bills numbered 3906
to 3984 having been O.K'd by the Finance Committee, be
returned to the Council and ordered paid. Mr. Crego
seconded the motion and on roll call the motion carried,
unanimously. ,
Mr. Hall mOved the passage of the f'ollowing
resolution:
RESOLUTION 267
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, 1tORIDA, ORDERING THE CONSTRUCTION
OF, CERTAIN STREET IMPROVEMENT WORK.
(S.E. Second Street from SeVenth to Eighth Avenues),
J
Mr. Crego seCOnded the motion and on roll call the vote
was unanimous and the motion was declared carried.
COUNCIL CHAMBER*- February 27, 1939
On motion of Mr. Hall seconded by Mr. Miller
and unanimously carried the following reoslution was
authorizing the foreclosure of property for enlargement
of the City cemetery and for a future water plant site.
RESOLUTION 258
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, INSTRUCTING THE CITY
ATTORNEYS TO INSTITUTE FORECLOSURE PROCEEDINGS
FOR COLLECTION OF TAX SALE CERTIFICATES HELD BY THE
CITY OF DELRAY BEACH.
The City Attorney was instructed to enquire
of the Lake Worth Drainage District regarding the tax
status of the piece Of prOperty in the Golf COurse which
O.D. Priest claims tO'hold title to and redeem same for
the City, if possible.
The following right-of-way deed was tendered
by Mr. Byrd, attorney forC.F. Deshler:,
From C.F. & Lydia H. Deshler
To the Pity of Delray Beqch
The ~7' of the S 70.5' of Beach Lot 3
for widening of ANDREWS STREET also
The E 30' of the W 250' of Ocean Beach
Lot 4 for a street to be known as
SANDPIPER LANE .
And it was moved by Mr. Hall, seconded by
Mr. Bradshaw and uI)animously carried, on roll call, that:
the City accept same and the Clerk be instructed to
have same recorded in the usual way.
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Councilman Miller reported the City Englna~rD,::
had started on the, Eighth Avenue Yal!ht Basin Project but, ~
contrary, to expectation, he had found that Harvel Brothersl ,:"i~
dragline was not long enough to dredge the entire basin "V
but from the corners the boom would swing out suffiCiently-:;:
far to deepen the basin from each end, leaving only a' sma.l1"i'~:i
sandbar about twelve feet wide in the center. In thi,s waY"1'1f
~~:i~:~~bl~h:o~~ t~O~~~~e:r ~~a {~~ i~r~~u~~a~~s~o$~g. g6> <'1ti
a da, aM he thooght it would take a ooup1. of 00,.' . ...
dredging to take out the proposed fill which he estimated> <',i: .~
woul,d be a cost of about 10 cents Ii yard. He ,saidhe,cQI1':l:~'{~;"
easily use a thousand yards of till in, the yacht basin paI7k;fi~~
After diSCUSsion it was moved by Mr. Miller that the City',~
Engineer be authorized to go ahead with the work on this'),jflt!!
basis. Mr. Hall seconded the motion, and on roll call the,':;~
vote was unanimous and the motion was declared carried.i..f'
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COUNCIL CHAMBER ~ February 27, 1939
The Mayor recommended the appointment of
Desso Scholtz as traffic officer for a period of ninety
days at a patrolman's salary, viz. $137.50 per month.
Mr. Scholtz had his own equipment he said. It was moved
by Mr. Bradshaw that the Mayor's recommendation be com-
plied with and Mr. Scholtz be employed on said terms.
Mr. Hall seconded the motion and on roll call the vote
was as follows: Mr. Bradshaw yes, Mr. Crego yes, Mr. Hail
yes, Mr. Hill yes and Mr. Mllleryes. The motion carried..
Mr. Hall brought up the matter of tax set
on La Hacienda lots owned by The Delray Lumber Company,
on which action had been deferred at last meeting, in
order to check record in the minutes of the previous action,
of the Adjustment Board. The Clerk reported the minutes
showed the required fee to have been paid and adjustment
allowed but no record of the adjusted figure was given'
except on the application forms. The $68.00 tendered by
Lumber Company in settlement thereof, was by motion of Mr.
Crego, seconded by Mr. Bradshaw and unanimously carried,
approved and accepted in payment on taxes on La Hacienda
Subidivision lots as follows:
BlOCk B Lots 3 to 18 incl.
It C Lots 1 to 3, 4,5, 8 to 19 incl.
" D Lots 2 to 6, 10 to 22, 26,27,29 to 31.
33, 38
" E Lots 2, 4 to 11, 13,14,l5, 17 to 19
the 'CounCil,
that Council
There being no further business to come before
it was regularly moved, seconded and carried
adjourn.
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