11-13-39 Regular
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COUNCIL CHAMBER
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November 13, 1939
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The Council met in regular session at 7:30 P.M.
with the City Attorney and all members of the Council
present.
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The minutes of the regular meeting of' October 23,
and the special meetings of October 30, November 6 and
November 9 were approved as read.
An application from Robert Reagan for position
as lifeguard was, by motion of MI'. Bradshaw, seconded by
Mr. Miller and on roll call unanimously carried, ordered
filed for future cons ideration.
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A letter was read from the Lions Club, thanking'
the City Council for its coopera t ion providing 1 ights
for night diamond-ball.
Letters were read from the W.P.A. Office, \kst
Palm BeaCh, advising of the completion of ~roject 3567
"Widen and Rebuild Ocean Boulevard" and Project 4040
"Negro Recreational Park" and asking that the City
execute formal acceptance of these projects and return
same to the "f.P.A. Of rice for its records. It was aocord-
ingly moved by Mr. Hall, seconded by MI'. Miller, and.
unanimously carried, on roll call, that the City Clerk
be au tho rized to exe cute the atta ched acceptances.
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A letter fram Thoa. W. Boykin, dr. was read,
asking the City to take immediate action in having the
properties North and South of his home cleared of wild
gro\~h. Mr. Crego explained that the City Council couid
not, arbitrarily, go in and clear private properties,'
except by regular legal procedure, ;mich took time. He
said, too, that during the recent rainy weather most of
the property in question has been under water and it
would therefore have been irnposs ible to do the requested
work had he been authorized to do so. It was finally . j'
suggested that the Clerk notify Mr. Boykin that the.Ca.tY""'''i''~
will take whatever action seems Possible just as soon as' .....
condi ti ons permi t.
A communication was read from ,~. Mayer, represent-
ing 225 feet frontage on the East side of Seventh Avenue,
and asking that the Council withhold action in the con-
struction of the sir'ewalk on said Avenue, stating t.hat
the torn-up condi t10n of the street at this season of the
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COUNCIL CHAJ\ffiER - November 13, 1939
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year, would seriously handicap property' oemers in the
renting of their properties. Mr. Mayer, himself, was
Dresent and stated that he had no objection to the side-
;"alk but to the construction of same just now at the
beginning of the tourist season. He also recommended
that property ovmers, on the./est side of the street,
first be asked to donate five :feet, so that Seventh
Avenue mi gh t be wi dene d and improve d in such a way as to
eliminate standing '\Ster, which he said overf'lowed on
his property at the present time.
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Geo. Hollman, who had originally circulated the
net it ion :for the sidewalk imnrovement was asked what the
property owners desired. He~explained that it was at
first thought that a private contract might be entered
into, on a cash basis, and in that way have the work done
cheaper than if the City cons tru cted it on the asses sment
basis; but since he had been unable to get the cooperation
of all concerne d 'le recommended that the City call for
bids and proceed as soon as possible with the construction.
Mr. Mayer asked permission to build his own portion
of the l\Slk, accoriJing to City specif'ications, and was
inf'ormed that all property owners would have that privilege,
prior to th8 call ing for b ids by the City.
Plans and specifications and estimate of' cost for
sai d sidewalk improve ment was submi tted by the Ci ty Engin-
eer,whereupon it was moved by Mr. Bradshaw that the plans
and speci:fications be approved and the following es tima.:eEi
of cost be accepted:
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Nowember 13, 1939
TO 'IRE F11J!BER.S OF THE CITY COUNCIL:
In accordance with your instructions, I
submit herewith specif'ications f'or construct_
ion of sidewalk on the East s ide of S. E.
Seventh Avenue fram Atlantic Avenue to S.E.
Second Street.
Below is the itemized cost for same:
Construction costs
Legal and advertising
Engineering
$ 1216.00
1l0.OO
50.00
$ 1376.00
Respectf'ully SUbmitted,
Howard Cromer
Acting City Engineer
COUNCIL CFJlMBER - November 13, 1939
Mr. Hall se conded t he !'lotion, and on roll call, it was
unanimously carried.
It was :further moved by r.,rr. Bradsha'v that the
following resolution be adopted:
RESOLUTION 337
A RESOLU'I'ION OF 'I'm CITY COUNCIL OF THJ: CI'IY
OF DELqAv m-:ACH, FLORIDA, ORDERING TH3 CON-
STRUCTION OF CETlTAnr FUEL IC D'PROmm,TS.
(Sidevmlk - E side of' 7th Avenue - Atlantic
Avenue to 3.E. 2nd ST.)
Mr. Crego seconded the motion, and on roll call the
vote was as follows: Mr. Bradshaw yes, Mr. Crego yes,
Mr. Hall yes, Mr. Hill yes, Mr. Miller yes. The motion
carried. December 11th was the date set for hearing
o:f complaints on the proposed il'lprovemeht.
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A communication was received f'rom Oscar Sabin,
stating he understood Mr. McLaren had been refunded 50%
of the cost of side,~lk construction, in front of his
residence, and enquiring if this sallE reduction had 'been
given on the adjoining Sabin lots. The members agreed
all assessed for this sidewalk, Should be given the,s aine
consideration, and accordingly, on motion of Mr.Mig~r,
seconded by Mr. Crego, and unanimously carried, it was
voted that the Sabin assessment be reduced 50% like the
McLaren and Deming sidewalk assessments. .
City Engineer's report and assessment roll,
ing $416.00, covering the clearing and grubbing of
properties anvertised under Resolution 307, was s
and it was moved by Mr. BradShaw that the Council
said report of cost and assessment roll, and that
be placed on file in the City Clerk's Office;
the assessment roll be advertised once each week :for t,'JO
consecutive weeks, together with notice to ,the ef:fect
tha't assessment roll has been examined and approved by
the City Council and that the City Council will sit to ,
heal' obje ctions to sElid assessment roll on J)ecember 11th....
Mr. Miller seconded the motion, and on roll call, the
vote was as follows: Mr. Bradshaw yes, Mr. Crego yes,
Mr. Hall yes, Mr. Hill yes, Mr. Miller yes. The
motion carried.
On motion regularly made, seconded and oarried
the :following ordinance ,~s placed on its first reading:
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COUNCIL CHAMBER - November 13, 1939
ORDnVlliCE 338
AN ORDnI'\NCE OF THE CITY OF DELTlAY BEACH,
FLORIDA, AM~'NDING AN ORDJNANCE CREATING
A COMMISSION ON PL'(JJI,ffinIG IN TIE CI'!'Y OF
DELRAY BEACH, FLORIDA, CFANGING ITS lIT]ffiERS
FROM FIVE TO F01ffi.
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Councilman Miller explained that he could not
vote f'or the ori!inance inasmuch as he was opposed to
Councilmen serving on any boards reSuiring technical
knowledge. He was of the opinion that exal'1ination boards
should be composed o~llBmbers having the specific know-
ledge and training in the trades for lNhich applicant
is being examined.
The ordinance having been read in f'ull, the
first til'1e, it was moved by l!r. Crego, that it be passed
on its :first reading. Mr. Bradshaw seconded the motion,
and on roll call, the vote 'M3S as follows: Mr. Bradshaw
yes, Mr. CreCo yes, Mr. HAll yes, Mr. Hill yes, lfi.:r.
Miller no. The motion carried.
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The Clerk presented a blanket resolution which
the Florida Power & Light Company recommeTIrled that the
City pass, to ~rovide :for the installation, f'ram time
to time, o:f aeJditional street lights, changing location
of' various street lights, authorizing payment of' costs
in conne ction therewith &c. It was explained that the
passage of' this ordinancA would obviate the necessity
of'passing separate ordinances and going through so much
red tape in each indivi dual instance, it only be ing nec-
essary then that the City Clerk authorize the Po,~r Com~
pany, by letter, to make these changes and additions,
as they are desired and ordered by the City Council.
The City Attorney advised that he had examined the pro-
posed resolution and approved of s aID8, ':ihereupon it WaS
move d by Mr. Mille r th at same be adop te d as followa:
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RESOLUTIOU .339
AUTHORIZING THE CITY CLERK~ ,OF AND CN BEHALF
OF THE CITY OF DEV,AY BEACH, FLORIDA, BY LETTER
UNDER SEAL OF SAID CITY, TO REQ1JEST, DIRECT AND
AUTHORIZE FLORIDA PO','lER & LIGHT COMPANY TO IN-
STALL, CONNECT AND/OR SERVE ADDITIONAL STREET
LIGHTS; TO CHANGE THE LOCATION OF CERTAIN STREET
LIGHTS AND TO AUTHORIZE PAYMENT BV THE CITY IN
CONNECTION THERE':VITH, AND INCREASE THE CANDLE-
PO',,\IER OF CERTAIN STREET LIGHTS, ALL IN ACCORDANCE
WITH SECTIONS 2,3 and 4 OF ARTICLE I AND SECTION
5 of ARTICLE II OF THAT CERTAIN MUNICIPAL STREET
LIGHTING AGREEI'lENT NOW nI EFFECT BET"IEEN THE CTI'Y
AND SAID COMPANY DATED THE 13TH DAY OF SEPTEl\ffiER
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COUNCIL CK~ffiER - November 13, 1939
RESOLUTION 339 (cont'd)
1937, SUPPLEMflTTARY AND SUPPLEMENTAL AGREE1'1ENTS
THERETO, AND AUTHORIznm AND DIRECTING THE CITY
CLERK, OF AND ON BEHALF OF THE CITY OF DELRAY
BEACH, FLORIDA, TO DELIVER A CERTIFIED COPY OF
THIS RESOLUTION TO FLO'RIDA POWER & LIGHT COMPANY.
Mr. Grego seconded Mr. Miller's motion and, on roll call,
the vote ,~s as follows: Mr. Bradshaw yes, lIT. Crego
yes, Mr. Hall yes, Hr. Hill yes, lIT. Mille ryes. The
mot ion carrie d.
The f'ollowing letter from the Florida P01lBr &
Light Company, addressed to L.S. Wilson, manager of the
Golf Course, W'iS read, but no action taken.
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FLO RIDA PO'!iER & LIGHr COMPANY
Delray Beach, Florina
November 3, 1939
aity of Delray BeaCh
Delray BeaCh, Florida
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Gentlemen:
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Attention: Mr. L.S. Wilson, Manager
Del ray Beach Gol f Course
In' accordance with the terms of' rate schedule number
X-9 which is a part of the agreement bet1lBen us,
dated the 28th day of August, 1939, under the head-
ing "On-Peak Hours", this is to advise that during
the months of December, danuary,February, and
March the hours f'rom 4:00 P.M. to 10:00 P.M. of each
day are hereby designated by us as the "On-Peak
Hours. "
The use of' the pumping service bet\~en these hours
will increase the demand charge in accordance with
the terms of our contract.
Very truly yours,
FLORIDAPOWER & LIGHT COIIPANY
Is/ Charles Senior
Manager
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Mr. Geo. Boughton appeared at the meeting,
stating that L.D. Lenn, passengerrepresen5ative
agent of the Seaboard Air Line Railway had recently
contacted him with a view to persuading the Toledo
Ball team to come to Delray to train this Spring and