12-11-39 Regular
1367
OomfOIL CH.AIIBl!1R
Deoember 11. 1939
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The Council met in regul$r se~sion at 7:30 ~.M.
with the City'Attorney and the fOllOWing members present:
Mr. Crego, Mr. Hall,lIr. 11111 and Mr. a~ller.
By motionre~ularly made~ seoonded and carried
minutes of the regular meetlngot November 27th aQd
the speoial meetings of Deoember 4th and 8th were approved
as read. '
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A oommunioat~on was read from residents and
property owners, on S...:I'itat AVenlle. peti tloning ,t11e01,ty
to allow owners on t4a t sutt'On of the street, between
the post offioe and S.E.!'1rst Street, to have the deep
sand removed from the shQulders and the rOad filled to
the street level wit)) rock, and that the ,CltyasX'es to
rOll it. It further petitioned that these property
owners be permitted to enter into private contraotfor
this .work but if not done by a given date that the ~1~~
callse this improvement to be made and the oost asseslStli
to the abutting property owners. Atter disoussion,the
request was referred t~ the Street Committee for ~Ve~~
igation and report.
It was JIloved by Mr. Crego that the Olt;y Engintler
be instructed to fill the hole, on the rear of the(U.~"s
property in Blook 69, With surplus dirt and that the
Supt. of ~ublio Works see that same is ,properly graded.
Mr.M111er seoonded the motion and on roll call the vote
was as follows: Mr. Cresoyes, Mr. Hall yes, Mr. Hill
yes, Mr. lliller yes. The motion carried.
A letter was read from the Arundel Corporation
instruoting the City to have the damaged piling at the
City yacht basin replaoed and charged to them.
A communioation was read from the Bondholders
ProteotiveCollllllittee, b whioh was stressed the import-
anoe of enoouraging taxpayers to pay up delinquent ta~es
during the next year; thus enabling theOU, '.to lJ4lU~,te.
as much as possible Of theesor0W8d interest, at thi~t;y
and thirty-fiTe cents, be~ore Tanuary 1941, at which time
all outatanding ~~\:.l'est is to be converted into Series
"B" Bolds. Disol1~on ensued as to the desirability
of onoe mOre permitting tax and lien adjustments, on
certa~~properties, at a lower. figure than the 3~ basis
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1368
COUNCIL CHAMBER - Deoember lIth. 1939
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now in effect, it beil1$ oOntended that the majority of
the properties are not-worth 3~ Of the taxes outstanding
against them and that mallT colored and other home owners
were not f inanoially able to pay Off at such a peroentage.
No definite action was taken however.
The Clerk reported having on hand, for purohase
of esorowed interest! the sum of 110,602.19, and requested
the Council's author, ty to expend tll.1S money for pur-
cll.ase of slloh intere$t immediately before tll.e period
during whioh it oan be taken up for thirty oents on the
dollar. expires. It was aocordingly moved by Mr. Crego
that the Clerk be instructed to bUy up as much Of this
esorowed interest as possible, before Janu.ary 1st. Mr.
llillerseoonded the mc>t;ion and on roll oall the vote
was as follows: Mr. Crego yes, Mr. Hall yes, ~r. Hill
yes, Mr. Miller yes. The motion carried.
The Clerk reported, also that there was, in
excess of this year's sinking fund requirements,
.$13.817108 in the Interest and Sinking Fund, and that
aocording to the City'~ refunding agreement, it is requi-
red, when there is suoh a surplus in said fund, that the
C1.ty advertise for sealed tenders, to purChaseh-efunding .
bonds. Proper disposition of this money was dfsoussed,
some of the members being of the opiniOn that it might
be used advantageously for the buying up of odd bonds
still unoommitted to the refunding agreement. A,t this
point in the meetlngCounoilman Bradshaw appeared and
sat with the members for the remainder of the session.
It was finally moved by Mr. Crego that the advioe of
Thomas M. Cook be sougll.t in making deoision as to proPer
and best dispOsition or the moneys on hand. Mr. Miller
seoonded the .illation and ibn roll oall the vote was as
follows: JIr. Bradshaw not voting,Mr. Crego yes,Mr.
Hall yes, Mr. Hill yes, Mr. lliller yes. The motion
,
carried.
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It was moved bY-Mr. Hall that the City Olerk be
authorized to fill out, exeoute and file prOOf of
olaim in oonnection With Delra;y Lodge F. & A.M. No. 171,
.for Bond No.296 owned by the City. lIr. Miller seoonded
the motion and on roll oall the vote was as follows:
Mr. Bradshaw yes, Mr. Crego yes, Mr. Hall yes, Mr. Hill
yes, Mr. Miller yes. The motion oarried.
The following report of the Clty Engineer, as
to fill required for the Zook property ln the oonstrttOt~
ion of the sid.walk to extend from the Canal to the Craw-
ford property was read:
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1369
COb~e~L OHAMBER .. December 11th, 1939
Deoember 7th, 1939
'l'O THE HONORABLE orn COUNCIL:
'>
Gentlem.en:
Acioord!ng to your instruations, I
havemeasl1red and run levels on proposed
sidewalk on Atlantic Aven118 from the bridge
to the Crawford ,property and find that the
neoessary EIIlount of fill for oonstruotion
of sidewalk,providing a five (IP) toot
shoulder on the south side, will require
apprOXimately 350 cubic yards of tl.ll.
In order to brlng the ZOOkpropertyup
to the level of the side_lk, leaving no
holee on the South side, will require approx-
illl8tely l6Z0 oubic yards; average depth Of
the ~ook: fill be 1ng nine inohes - the aver..
age depth south neoessary to fill is 71 feet.
Re spe otfully . s ublrltted,
/s/ R. Cromer
Aoting 01 ty J!hg1neer
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Mr. MUler said he VIIS not in favor of f1llillg ill mOJ:"e
than' tllatneoessary far the censtruction of theetd.!"
walk. Mr. Oregosa!d , also, that he did not th1Dkthe.
City was obligated to fill in any of Mr. Zoo~c's p"'X'<>pel't,.~
Ik. Rall considered that if the C1tyoou.l.d get the
desired five-foot right-of-way for the cost oftheftU
it would be a good trade, as he tboughtthefl11 8o~ .
of the sidewalk could be made very oheep~yat thepreseut
t:l.me by W.P.A. l.abor. It VIIS finally moved by". .
Bradshaw that the matter be deferred and the report
fUed for future referenoe. JIro. crego seoonded the
m.otion and on roll call the vote WItS as tollows,llr.
Bradshaw yes, Mr. Orego yes, Mr. Rall no, Mr. IJUl:J'Ss;
Mr. MUleI' no. '.Lbe motion carried. Mr.Cregorec'lIID1e~ed
that the COOnoU confer further with 1Ir. Zo~k in regard
to his demands m the matter. Ur. Bradshaw conSidVlhi
it inexpedient to start work on the sidewalkconstruot..
ion at this time as he said it would serioU81ylnco>>..
venience pedest:r1an traffio to and from the be.ll!:l,
He recommended that the work be d.l'8yedunt~l,t-.>>;eU$.~' ",.
J. report of the .l)elray Beaoh Reoreatlon O1.ub,
for the past year, was read, and ordered' filed.
]\fator Hill reported having OOnferred tl~thet
with Mr. Edwards of Bessemer Properties, Ino., in
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1370
C9UNan CHAMBER - Deoember 11th. 1939
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regard to the supplying of water tor new residenoes
'Which his company contemplates erecting in the '1I0W,n
of Gulf .::ltream. It WIlff requested that the City. instead
of setting-a meter at tm-North City limits, infftall
same on property South' of the Tet1Irlff Courts, appro x...
ilnately 203 feet North of the City limits and 375 feet
IVest of the BqlUeverd. The City Attorneyadviaed against
the City rttm1ng lines or installing meters outside
the preoinots of the City and Mr. Miller also re'oomnended
that the meter be set at t"he De1rayJ:leech town line.
141". Hill stated that applioant had agreed to furnish
the City an easement but other 1IIell;lberscontendedthat
tl:e Town of Gulfstream should furnish thisOity with' a
franchise or some proof of its right to use said ease...
ment for the purpose 01' reading meters, maintenance &0.
I(r. Bradshaw re~ended that the City oooperatewith
The Bessemer CCIIIp8ny to the f\1l1est possible extent,
as he said the City's dealings with these people. in
the past. had always been Tery sa't1sfaotory, and he
moved that the City'enter into a proposition to supplU
this Company with water, in aocoTd with the requeffll
submitted byMr.. lUll. Mr. Crego seoonded the motion
and on roU oall the vote W8ff as follOl\1B I Mr. l:lradshaw
yes, Mr. Crej;(o yes, Mr. Ball yes, Mr. Rl11 yes, .Jbo.
Killer no. The motion carried. It 1s to be undel'st"ood
that meters are to be set at the property lineaof
houses to te construoted and that easements wiU be
given permitt:lng the City aooess to all meters 80
installed.
At this point. Ma~rRill asked to be excused
and turned the ohair over to V1ee-Jlayor Crego Who
.presided for the remainder otthe session.
COUncilman Miller asked the City ~tomey
what had been learned from the Insuranoe Company regard..
iD.8 the Al JurIl$y compensation clatmand was intorm.ed
that a repJ.y had not yet been reoe! ved from. the
Amerioan Surety Company. Mr. Miller said the boy was
in bad shape and said I:e thought the City should look
into his case.
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Ib'. MUler reCOlDll1ended that the "No ParkinS"
Signs OIl Atlantio Avenue, adjaoent to the shuffle..board
courts be ohanged too/l-hour parking" and that a small
seotion alcng the beach should be so reserved. ~.
BrE!dshaw sald he felt that this was a matter to be
deoided by the .yolo and Polioe Depal'1ment "ath...thlUl
the Oounoil.
'J/he Ohatman of the Parks CollJlli ttee stated that
an extra good grade of rook: was suggested for the skat..
ing rink. at the ohildren' s playground, 1tlieh would cos!t
aboutt.o.OO more than the Ordinary local rOOk, Mr.
Bradsl1aw and other members were opposed to this extra
COUNCIL CHAMBER.. Deoember 11th, 1939
1371
expenditure,s tatingtbey would prefer to spend the
t60.00 on something more necessary, as in their opin-
ion local rock would prove satisfactory for this pur-
pose.
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Mr. JlUler brought up the matter of the Oity
doaks, stating that he belieTed someone should lle in
obarge to aot as dookwmaster and take oare of thOlf8
avEliling themselves of dockage Privilege-s. It was
aooordinglyagreed tbat the 1'01 he .tTepartment aot in
this oapaoi-ty, and that boats stowing there be allowed
24 hOllrs tree dockage, after which the i..oent..pllr..foot..
per-day oharge b& collected. 'l'hepresent practice of
requiring boats to pay for water used Wll'B disapprovad
of, and a:fter d is 01188 ton . 1 t ''MIS' moved by I!r. .Bradshaw
that boatBtYlng up at the docks be not oharged for
water d ur!ng'1;helr lengthofstsy; aud that the
Folioe Depertmentbe in oharge of the oolleotion o.f
dookage fees'. Mr. Hall seccmded tbemotion,andon
roll call the Tote Was as :follows: lfr. Bradshaw yes,
JIr. Crego yes,IIr.lIa1l yes., J4r. II1ller yes. 'J:he
III)tion carried.
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Call was made for objeotions to the assess.,..
ment rol;J.levied for the clearing and grubbingot
properties, as advertised in special 1mprovellB9
resolution No. OO'l. and no objeotionsbavingbeen
reoeived, and no ODe present haTing raised obje"Ction
thereto, it was moved, seconded and unanimously oarried,
that the following ordinance be plaoed on its firs t
reading: .
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ORDINANCE ~
AD' ORDI1'IAN~ CONFIRMING AND EQ.UALIZmG ABSESS"
Ml!M'S FOR ''I'm: CLEARING OF CERT.ml LO'l'S WI'l'1UN
THE CITY Q:F DELRAY BEACH. FLORIDA, ()].r PAIAUilT'l'OS,
WILD GROWTaS, WDns AND/OR RUBBmH, AND LEVYING
SPECIAL IMPROVElmN'.l.' ASSESSkm'.rt:l AS SHOWN BY
THE ABS~T ROLL l!'OR BAIO SPEOIAL IMPROVE..
Mlm'TS; PROVID!NG 'I'HE METftOD SAID SPEOIAL
ABSESSM:EN.ts SHALL BE MADE; '1'lm TmE WHEN TIm
S.um SHALL B1!:CiX)D PAYABLE; THAT SAID ASSESS.,.
Dl'llS TO BE" LEVIED SHALL BE A LEN FROM '!'BE
DATE OF THE ASSESSlIEN'l' UPON THE RESPECTIVE
LOTS DESCRIBEDlN SAID ASSEBSMEN'l'ROLL AND SE'l'
PORTH _E;lrn '!'HE'~ IN WHICH SA:[D .AS~~';
MEN'l'S AUTO BE OOLLEOTED AND PR()V!DniGJ'()R
THE lBSUAiIJOE OF SPECIAL OERTIFI<:ATES OF INDEBT-
EImJSS FOR '!.'BE AMOUNT SO ASSESSED AGAINS'l' THE
ABSESSABIJi: PROPERTY AND PROVIDING 'I'RAT THE C:ITY
!(AY 'l'RAllI8FER AND DELIVER A PORTIO~ OF SAID
Sli?ECIAL QIR'1'IFICATES OF INDEBTEDNESS TO THE
OONTRAOTOR IN PAYMENT OJ!' SAID SPEOIAL IMP1,\P~T8..
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1372
COUNCIL CRAMBBR - December 11th. 1939
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The ordinancte having been read in full, the firs tti_ .
it was moTed by Mr. Bradshaw that it be passed on its
first reading. Ilr. Miller seconded themoti'On and ope.
roll call the vote was as foll 01Vl!J : Ilr. Bradshaw yes,
1Ir. Grego yes. JIr .Rall yes, Ilr. Miller yes. 'J.he motion
canied.
e. Ilr. I. or. . Sinks appeared. at the meeting request,.
ing permission to haTe pr1n~d 256 oopiesof the zon!Js .
ordinance at a cost of $43.50, wbiohhe propusedselliDg
at a pr:tceof .25 cents eaoh. These. he said 1VI!Jre
muoh in demnd, and he ha-d none on hand for distribution.
It was suggested. that before hav1ngsuoh a re..print
of the ordinanoe made, that the Oounoil meet aD4dra."
an amendllBnt. embudying theolnmges rectlllllllende4 :trom
time to t!me and tentatively matte byt-he COUn04.l bu,t.
not aotually changed by ordinance. It was aocordingly
agreed to meet Wednesday evetring, JJeoember l3thtQr the
purpose of reTiewing said z<lning ordinanoe and mak:1Dg
these reoammendedamendments.
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'l'be Building Inspeotor also asked permission
te purOhase BOO printed forms and a binder to be used
as a bUilding permit record, the total C'ostof whi-Ch
would be '23.00, he said. 'l'be form submitted waS' .
approved and it was moved by Mr. .I:lradshawthat lIr.l$iJ1ks' "
request be granted. Mr, Miller sa oended themoUon.
and on roll oall, the vote was as follows: .r..aradstu~w
yes, :Mr. Crego yes, Mr. Hall yes, Mr. Miller yes. me
motion oarried. ')
:It 1r8S moved by Mr, Bradshaw that the tilowing
res alu tion be adopted:
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:RESOLUTION 3414
A RESOWTJ;ON OF THE Cl'l'Y COONan. OF ~
Cl'l'Y O]!'DEU!AY BEAOFI, FLORIDA. QBDERING THE
PERFOmuNOE OF CERTAIN LOT CL1IAllANCE weB.
Mr. 'Hall seOOnded tll.e motion aJ)d On roll call the v9te
was as folloWSlMr. ~adshaw yes, Kr. crego yes, Mr.
RfU:J. yes. Mr.M1l1er yes. The motion carried.
Zt was mC)'t'ed by Kr. Bradshaw that bills Jl.e.red
4981 to 5041., bavdng been 0,_11 'd by the 1'1_~e O~.I
be returned 110 the (!IounoU and ordered paid, .l<_);e~
se coJ:lded the motion and on ro;U ,Gall the vote ..S liS
follow: Mr. Bradsllaw yes. 1iEt'. Crego yes, 1&r.:ICU1
yes, Mr. .Uler yes,~he motion oarried. t
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:t373
COUNCIL CHAMBER - I)eoember 11 th,1939
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call was mal!le for objeotions to the propose4
sidewalk improveDJ3nt, as advertised- by Resolution 33'1,
aDd tile olerk 1'eported no objections had been reoeiTed,
and as there was nO one present to objeot thereto,
it was moved b1' Mt'. Bradshsw seoonded b1' JIr.Kal.l and
unanimoUsly oarried that the Oity prooeed wi'tih the
sidewalk improvtment as ordered by resolutionNc)o 337.
The-ottyAttorneyrep orted that 'tihe' BondhQ1.4ers
Oomaitteebad asked if the City would not be w1l111;lg
to re-idlurse it "tor the tlO.OO filing fee which '\fa "
paid a year ago in a SIt it brought by the Oommittee'1.n
conneotion with the Oity's interest paymElnh due the
00Illllli ttee. Th1srefund was considered due these
people inasauoh as no '-interest had been paid to' 'tihe
ocmm1ttee lUlder suCh suit. It was aocording1y moved
byJlr. Miller that the Oity repay this fee of ten
dollars.. JIr,.Brad$b8w seoonde-d thelllOtton and-on
roll call the vj)te wasllsfollowa :Jlr. Btaasb8:\ifyes,
Mr. Crego yes, .r. Hall yes, Mr. J4111er ~s. The
motion carr~d.
ildisouesion ensued in regard to setUElDlent
of Ad8D18 &- RO'lliin~8 b~ll.forRetunding tee.rat II
oompromise figure of ,tJEt902.44,thePinance q~~,"e.
havingO.K'd the b1l1--torsddamount. GQllnct~-'
Brsdshsw enquired whether this amount covere-dthe,eJ:l'ti1\e
refunding cOff'ts,inalusive of the Series"B" ~Wd.,
to be1ssued after 1940. Ifr. Rovdin edit 111 4-14. not
and that there would be, an add.it1onal feeof .1$~~fl!O
it he was employed to va1:idatesa!d Series ''':~?Jbe.~
He said he considered hi$ tee a fair and -rea~OJ1a~e>
o,ne regarctl;ess of any ,other agreement the c~tl)!lttg1)t
haTe had with other attorneys. ".creg08s~.p-!.ttll:e
would agree to a fee of ta.1500~e()fall: s eJ:'V1ces4i1;l;i!;,o~ij'",
ion with vaUllding the ~er'1.s JJAIt Bonds aDd tsO.Q'.J<)> - ,
tor the Series"B" BoildS, being a total tee 01'$$,00&:.00
but Mr. N0J411;l said he oould not agree to thet figure.
'TheCounell,decllnell to approve the bill for fees"c>n '
the basis submitted, am it was moved by Mr..Bradsb81f
that said bill be eXCluded from the approved bUls, '
and that it be not paid at this time. JIr.Mil1e:l."seoonde(t
the motion and on rOlloall the vote was as f01l.0Ws:
Mr. Bradsbaw }l8S, Jk~ ,crego yes, Mr. Hal.1 yes, .... "
Miller yes. 'themoticm carrie d.
( It was regularly moved, seoonded !lI1d oarrie,d
that gOUl!lc~l adjourn to mee.t ag.1n, \YedneSdaY,8venitls
at 7:30t~ the ~urpose of reviewing aild 81Il.~D41ft.'8.e "
Zon1DgOrdinance.~
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APPROVED: M
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