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08-22-38 Regular 997 COUNCIL CHAMBER August 22, 1938 The Council met in regular session at 7:30 P.M. with the City Attorney and all members present. The minutes of the regular meeting, August 8th, and the special meeting of August 15th were approved as read. A communication from Brennan & Plastridge was read, in which it was asked that a fire hydrant be installed at Corner of Gleason and Nassau Street to service residences recently built in the Wheatley Subdivision. The letter stated these residences were over five hundred feet from the nearest hydrant, which placed same in a fourth class fire classifi- cation with high insurance rates. The Fire Chief said the requested extension would require five hundred feet of 6" main at a cost of approximately .90 cents a foot. This was considered too big an ex- penditure at the present time. The Fire Chief also rp.commended a hydrant for Delray Beach Esplanade Subdivision. Mr. Gwynn finally moved that action on these matters be deferred until later at time budget is set up, when these expenditures may be considered along with other items of water line and fire extensions. Mr. Hall seconded the motion, which carried unamimously. Regular form of application and an accompanying communication was received from John I. Thieme, ask- ing that liquor license to operate a Bar be granted him, in lieu of the package store license previously applied for. It was accordingly moved by Mr. Hall that this new application follow the regular procedure of allowing fourteen days for investigation by the Mayor and City Council, as re~uired by the liquor license; also that the City Clerk have notice of said ap21ication advertised in the local paper. Mr. Gwynn seconded the motion, which carried unanimously. A letter from the P.W.A. office in Atlanta with reference to the Municipal Building Project Docket 1420 was read, in which certain data and a copy of the City Charter was requested. It was reported, also, that a wire had been received from the same office asking that the Council set a date for the holding of bond election necessary to finance said proposei project. The matter was discussed and the COUNCIL CHill~BER - August 22, 1938 998 majority of the Councilmen were of the opinion that the question should be submitted to a vote of the freeholders of the City. It was therefore regularly moved, seconded and carried that the following ordin- ance be placed on its first reading. ORDINANCE 236 BOOK 4 AN ORDINANCE OF THE CITY OF DELR..L\.Y PEACH, FLORIDA, CALLING FOR A FR~~HOLDER'S ELECTION TO DECIDE '^~HER OR NOT THE CITY SHALL ISSUE BONDS FOR THE PURPOSE OF RAISING FUNDS TO ERECT A MUNICIPAL BUILDING. It was moved by Mr. Hall, seconded by Mr. Miller and unanimously carried that the ordinance be passed on its first reading. An emergency being declared to exist it was moved, seconded and unanimously carried that the ordinance be placed on its second reading, and same having been read in full the second time, it was moved by Mr. Hall, seconded by Mr. Miller and un- animously carried that the ordinance be adopted on its second reading and final passage. Letters in regard to raising of sidewalk on Atlantic Avenue, between Gleason and Bronson streets and the filling of Gleason street, from C.A.B. Zook, Mrs. H.S. Deming and Oscar Sabin were read and ordered filed. In regard to same, the complaints were considered unwarranted, and it was moved by Mr. Hall that the City advertise and proceed with the proposed work, assessing cost of same to the abut- ting property owners in the regular legal way. Mr. Gwynn seconded the motion, which carried unanimously. Dr. Vogler addressed the Council, in behalf of the Delray Beach Baseball Association, explaining that by reason of unforeseen circumstances, his association was financially unable to pay for the mowing of the grass at the Recreation Park and outfield. He asked that the City cut this once a week or once every two weeks. U~on enquiry, it was estimated the cost would be about $6.00 per mowing. After talking the matter over Mr. Miller moved that the City keep the grass mowed temporarily until such time as other arrangements could be made. Mr. Wodischek seconded the motion which carried unanimously. Henry Ostro addressed the members asking that the City raise and rebuild his sidewalk in front of Lots 4,5,6,7,8 Block 125, on the fifty-fifty basis established by the City in the rebuilding of other 999 COUNCIL CHAMBER - August 22, 1938 such broken walk in town. It was accordingly moved that same be raised and reconstructed as requested, and that the Clerk be instructed to communicate with Mr. C.J. Smith, the adjoining property owner, ask~ ing whether he desired his sidewalk reconstructed on the same cash basis. Mr. Miller seconded the motion which carried unanimously. The City Engineer was directed to prepare estimate of costs to submit to said property owners. It was moved by Mr. Wodischek, seconded by Mr.. Hall and on roll call, unanimously carried, that the following resolution be adopted: RESOLUTION 233 BOOK 4 A RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS OF THE CITY ENGINEER FOR CERTAIN STREET IMPROVE- MENT WORK TO BE CONSTRUCTED AND ALSO THE ESTI- MATED COST OF THE PRIlPOSED IMPROVEMENTS ','ffiICH IS SET FORTH IN SAID PLANS AND SPECIFICATIONS. (Gleason Street Fill). It was moved by Mr. Wodischek, seconded by Mr. Gwynn, and on roll call, unanimously carried that the following resolution be adopted: RESOLUTION 234 BOOK 4 A RESOLUTION ACCEPTING PLANS AND SPECIFICATIONS OF THE CITY ENGINEER FOR CERTAIN SIDEWALK IMPROVE- MENT WORK TO BE CONSTRUCTED AND ALSO THE ESTIMATED COST OF THE PROPOSED IMPROVEMENTS ',,lJHICH IS SET FORTH IN SAID PLANS AND SPECIFICATIONS (Ocean Park :sidewalk) It was regularly moved, seconded and carried that the following ordinance be placed on its second reading : ORDINANCE 232 BOOK 4 AN ORDINANCE PROVIDING FOR THE POSTING OF A BOND TO SECURE THE PAYMENT OF PERSONAL PROPERTY TAX BY ALL PERSONS, FI~~S OR CORPORATIONS APPLITNG FOR A CITY LICENSE UNDER THE LICENSE LAWS OF THIS CITY UNLESS SAID PERSON, FIRM OR CORPORATION HAS BEEN IN BUSINESS CONTI~~JOUSLY FOR A PERIOD OF TWELVE MONTHS PRIOR TO THE ISSUANCE OF SUCH LICENSE OR HAS PAID ALL PERSONAL PROPERTY TAXES ASSESSED AGAINST SAID APPLICANT FOR THE IMMEDIATELY PRECEDING YEAR. 1000 COUNCIL CHAMBER - August 22, 1938 The ordinance having been read in full the second time it was moved by Mr. Gwynn, seconded by Mr. Miller and unanimously carried that same be adopted on its second reading and final passage. Sealed bids were received on certain sidewalk improvements along the South side of Atlantic Avenue from the West property line of Gleason Avenue West 100'. according to specifications on file, as follows: Gulfstream Engineers R.C. Lawson $ 102.00 100.00 and for sidewalk and curbing to N.E. First Street, between N.E. Avenues as follows: be constructed on Fifth and N.E. Sixth Gulfstream Engineers R.C. Lawson 560.25 410.00 After tabulation of the bids by Howard Cromer, it was moved by Mr. Wodischek that contract for said work be awarded the low bidder, viz. R.C. Lawson. The motion was seconded by Mr. Gwynn and regularly married. By motion of Mr. Wodischek. seconded by Mr. Miller and unanimously carried. a plat showing a subdivision of the Wl70' of the Nj, of Block 164, less the N17 feet thereof, was approved and the City Clerk was authorized to affix her signature thereto. Mr. Miller seconded the motion which carried unanimously. In accord with instructions of the Council at last meeting the Clerk submitted for the members' approval tax certificates on a 75-acre tract in Section 17 considered suitable for municipal purposes, whereupon same was approved a~d Mr. Wod- ischek moved the passage of the followi~g resolution: A RESOLUTION INSTRUCTING THE CITY ATTORNEY TO INSTITUTE FORECLOSURE PROCEEDINGS FOR COLLECT_ ION OF TAX SALE CERTIFICATES HELD BY THE CITY OF DELRAY BEACH \~EAS, the City Council has determined that it is for the best interests of the City to collect its delinquent tax liens outstanding against the following described property, to-wit: t001 COUNCIL CH..L\.MBER - August 22, 1938 ..1\.11 of Block 45 Delray Beach ) All of Blocks 2-4 Atlantic Park Gardens ( All of Blocks 5-10 Atlantic Gardens ) All of Blocks 3-4 Odmann's Subd. ( E~ NW~ swi SWi~ Section 17 ) wi NEl sw~ sw " " ( wi SEl NWl sw " " ) d swt NWt swt SECTIIIlN 17 ( Township 46 South, Range 43 East 75 Acres and WHEREAS, Section 109 of the Charter Act of the City provides that upon the adoption of a resolution instructing the City Tax Collector to deliver anyone or more tax lien certificates owned by the City and in the custody of said Collector to the City Attorney for collection, said City Attorney upon receipt of such tax sale certificates shall proceed to foreclose said liens in accordance with the provisions of the City Charter Act. Now, THEREFORE, Be It Resolved: Section 1. That the City Tax Collector is hereby instructed to deliver to the City Attorney all tax sale certificates owned by the City and in the custody of the Tax Collector, outstanding against the following described real estate, to wit: All of Block 45 Delray Beach ( ..1\.11 of Blocks 2 to 4 Atlantic Park ~ardens All of Blocks 5 to 10 Atlantic Gardens ( ..1\.11 of Blocks 3 to 4 Odmann's Subd. ) E~ NW~ SW~ SW~ Section 17 .(75 acres wi NEl sw1 sw1 " " ) wi SEl HWl swt " " ( d swt N14 sW-.; " " ) so that said tax lien certificates may be foreclosed by the City Attorney; Section 2. That the City Attorney is hereby instructed to institute foreclosure proceedings for the collection of said tax sale certificates, when delivered, to him, by the City Tax Collector, in accordance with the provisions of the 1937 City Charter Act. 1002 ,- COUNCIL CHAMBER - August 22, 1938 The Clerk was instructed to reply to Dr. Williams advising that the City had already arranged for acquis- ition of property suitable for garbage disposal site and therefore was not interested in the acreage in Section 17 which he proposed to trade for certain tax sale certi- ficates held by the City. Mr. Miller brought up a complaint of J.C. Smith regarding filling of the alley in Block 99 with refuse building material. Mr. Hall reported he had investi- gated this complaint and could see no reason for object- ion since same was a public alley and Mr. Priest had simply filled it to natural grade. After discussing the matter with Mr. Smith, Mr. Hall finally moved that Howard Cromer run a line to determine just where the East alley line is through said Block 99, and if it is found that there has been an encroachment on private property that Mr. Priest be asked to remove such mater- ial to said established alley line. Mr. Wodischek seconded the motion which carried unanimously. It was also recommended that a clean smooth grassed embankment be made to hide any unsightliness resulting from the complained of fill. Mr. Wodischek reported he had been requested to have a water faucet placed in a location convenient to the diamond ball grounds, cost of such installation being about $7.00, he said. It was accordingly moved by Councilman Gwynn that Mr. Baker install the requested tap, fitted with hose bib so same can be used for irrigation purposes also. Mr. Wodischek seconded the motion, which carried unanimously. Councilman Hill advised that Mr. Soldan had requested him to afk the Council's consideration in the matter of allowing him Homestead Exemption for the years 1936 and 1937, for which no application had been regularly made. The members stated such action would be in direct conflict with the law and not in conformity with past practice, therefore the Clerk was instructed to write advising Mr. Soldan that appli- cation for exemption must be filed each year prior to April 1st, according to law, or no exemption can be given. A letter was read from the Florida Power & Light Company relative to increasing the candle power of the Whiteway system on Atlantic Avenue, between the Federal Highway and the F.E.C. Railway. The twelve 100 C.P. lights could be increased to 250 C.P. at an additional cost of $18.80 per month, and to increase same by eight lights, not now in use, the monthly bill would be $47.40. This increased illumination was considered worth the added cost but it was recommended that action 1003 COUNCIL CHAMBER - August 22, 1938 be deferred in this regard until the Tourist Season, at which time the additional lighting was recommended. It was also moved by Mr. Hall that the street light in alley North of the City Hall be reinstated immediately. Mr. Miller seconded the motion which carried unanimously. The City Attorney reported in regard to defence he will offer in matter of the $300,000. suit for int- erest coupons entered against the City by the Bond- holders Committee. He said it might be contended that detached bond coupons, over five years old and not under seal, had outrun the five year statute of limitations time limit and therefore be considered voijd and uncollectible. J.K. Gwynn reported completion of repair and paint work on pump houses in the City Park, costing approx- imately $55.00. Councilman Hall discussed the lot cleaning program with the other Council members, stating that it would be necessary for individual property owners to con- tract for this work, or establish a price and notify owners that the City can do said work for such an amount. He thought the maxiumum price for an ordinary City lot would be about $12.00 and the minimum $2.00. It was moved by Mr. Wodischek that bills numbered 3320 to 3350, having been O.K'd by the Finance Committee be returned to the Council and ordered paid. There being no further business to come before the Council it was regularly moved, seconded and carried that Council adjourn to meet in adjourned session at 7:30 P.M. Wednesday evening for consideration and adopt- ion of an operating budget and levy for the fiscal year 1938-1939 ~ & tAJ.O YwIf2 Ci ty Clerk APPROVED: E)~ I Mayor