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01-11-37 Regular 658 COUNCIL CHAMBER January 11, 1-937. TIll CoumU Il!lt in reguJ.ar session at 7:30 P.M. , - with the Mayor, City Attorney, and the following members present: Mr. Barton, Mr. Genton, Mr. Gwynn, Mr. Hill, and Mr. Wodischek. The minutes of the me eting of December 28th were read and. approved. A letter was read from E.H. Blodgett regarding license requirements for the establishment of a trailer camp on IDts 1,2,3,4 Park. Court. It was stated that sanitary requirene nts v.ere the prillcipal consideration in pemi tting such bus inesses in the City. The letter was ordered filed until suoh time as further aotion was requested by Mr. Blcxigett. L- A oommunioa tion was also reoeived from Trailer Owners of America, Ioo., asking the. t courtesy be shown trailer touri sts in this community and express- ing a wish to oooperate with the City in any matter reaoting to the benefit of the community and to the Trailer Movement. On suggestion of Counoilman Wod- isohek, the Clerk was instruoted to reply to the oommunica tion, advising this organization that the City had no objeotion to trailer tourists as long as they complied with sani tary am other ruJ.es and regul- ations governing trailer camps. The Clerk presented a :Ie tter from John Adams, aooompanied by a peitition from Del-Ida Park residents asking that the City pass a bUilding and zoning ordinanoe far Del-Ida Park Subdi vis ion embodying the original res- triotions placed on said property by the subdividers. It was explained that this was recommended in order that the Building Inspector might have some means of enf'orG:1ng the desired restrictions. The City Attorney advised that a motion by the Coumil was suffioient to enforce complian oe to these restrictions, wooreupon it was moved by Mr. Gwynn, seconded by Mr. Barton, and on roll call, unanimously carried that the BUilding Inspector be instructed to issue 'no building permit. for construction in Del-Ida Park that does not comply with the following restrictions originally embodied in all Del-Ida deeds. DEL IDA PARK RESTRICTIONS It is mutually understood and agreed by and between too parties hereto, that this deed of conveyance shall contain too following condi tions, restrictions and 11m ta tions, which are intended to be and shall be taken as conditions of' said conveyance and one of 659 COUNCIL CHAMBER - January 11, 1937 the express considerations tooreof, viz.: ~> (1) That no residence shall be constructed or erected to cost :less than $3,000.00; (2) That no residenoe shall be constructed or erected, built or placed upon, any lot situated in this subdivision so that said building shall be closer than twenty (20) feet from the front line or closer than f'ive (5) feet from the side or rear line of the lot on which said bUilding of' any kind or nature shall be built, constructed, erected or plaoed thereon. -;,..- (3) This property shall be used only for residential purposes. In determining the cost of such oonstruction, the Building Inspector was advised to use the cube f'oot valuation in such cases. Mr. W.O. Jelks presented a blue-print of' the Deibel-Williamson Subdiv ision, asking the Council's appro"\lll.l of same, He stated Gleason Street had been brOUght to the grade established by Geo. Carr, am that neoessary easellllnts for water, light and telephone lines had been given. Some dissension arose regarding the establisb!ld East line of suoh Beaoh lot property but after discussion it was finally moved by Mr. Barton that the plat, as submitted, be approved, and the Clerk be authoriZlEld to affix her signature thereto. Mr. Genton seoonded the motion, and on roll oall same was adopted unanimously. Mr. Cromer appeared before the Council asking that it request the Telephone Company to move the new pole line on the South Ocean Boule"\lll.rd, which he stated was construoted on the Boulevard right-Of-way, to Gleason Street. After disoussing the matter, it was moved by Mr. Genton that the following Resolution No. 168 Ordin- anoe Book 4 be adopted: ft", I~B A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA REQ,UESTING MOVING OF POLE LINE BY THE SOUTHERN BELL TELEPHONE COMPANY l~~ WHEREAS, praotically all owners of Beaoh lots lying South of Atlantic Avenue and. fronting East on the Ocean Boulevard in the City of Delray Beaoh have Objected to the plaoing of a pole line along said Ooean BOUlevard, and have requested the City Council 1n file this protest against the plaoing of said pole line along said Ooean Boulevard, 660 COUlTCIL CHAMBER - January 1937 AND WEEREAS, Gleason Street parallels the Ocean Boulevard and lies immediately West of said Ooean Boulevard and forms the West boundary of said Ooean Beaoh lots and extends South one half mile, AND WHEREAS, it wouJ.d be more advantageous to place said pole line along Gleason Street and not along the Ooean Boulegard, in that said pole line would no t be sub je 0 te d to ail It spray and high winds and would also remove the unsightly pole line from the front of' said Beach Imts, whioh are now being dev- eloped and on whioh beautiful homes are now being oonstruoted, NOW THEREFORE BE IT RESOLVED, by the City Council of' the City of Delray Beaoh, Palm Beaoh County, Florida, tha t the Sou toorn Bell Telephone Company is hereby requested to remove its present pole line and the new pole line whioh it is now oonstruoting within the Oityof Delmy Beaoh, along the Ooean BoUlevard, South 01' A tlanti 0 Avenue, and plaoe said pole line s along Gleason Street, S:Juth from Atlant io Avenue for one half mile. AND BE IT FURTHER RESOLVED, that in future in all proposed construction of pole lines, that a pe rmi t shall be ob t ai ne d from the Ci ty Couno 11 in order to avoid future controversy such as has arisen in this oase. Mr. Wodisohek seconded the motion for adotpion, which was carried unanimously. L- Mr. Carr submitted a blue print of the .Tohn Stack lot in Blook 125, establishing thS rear lot line of same, in aocardanoe with instruotions given at last regular oouncil meeting. Ceo. Carr explained that said Block 125 was not a recorded plat, there fore he had established the lot lines on Mr. Staok'. property in aooord with other corners established in the same blook and subidivision, andaooording to the deeds on reoord. It was regularly moved by Mr. Wodischek, seconded by Mr. Gwynn and unan- imously carried, on roll osll, that the City accept said lot line liS the es1ablisood line of the Stack property. The Mayor also reoommended that this be adopted as the establisb!ld lot line for all properties in Block J.2 5. Mr. Gwynn moved the adoption of the fOllowing resolu tion: BE IT RESOLVED by t18 City Council of the City of Delray Beach, Flari de, the t the PIAN OF PROPOSED EXCAVATION, Intra-Coastal Waterway, Delray Beaoh, Florida, as shown on the pennit applioation plans 661 COUNCIL CHAMBER - January 11, 1937 ~. prepared by Geo. W. Carr, Engineer, West Palm Beaoh, Florida, for ANNA WATERS, Delray Beaoh, Florida, ~ be approved and all objections waived to the construction oontemplated thereon. Mr. Barton seconded the motion for adoption, which on roll call, oarr:le d unanimously. Bids on various type s of oars f'or use of the Polioe Department were opened and read from the following companies: Delray Beaoh Motors, Servioe Garage and Ocean City Garage. It was moved by Mr. Barton that said bids be referred to the Finanoe Committee for ooljsideration and report at next neeting. Mr. Gwynn objeoted to the purohase of a police car, siB ting he could not see where the eoonomy would be, and offered the following amendment to Mr. Barton's motion: "That Mr. Wodischek submit figures at next meeting, shOWing what would be the actual saving, .by. the Citypwning its own police car". He said if figures showed a saVing thereby, he would be Willing to vote f'or the treasure. Mr. Barton's amended motion was seconded by Mr. Genton, and on roll call, unanimously oarried. Mr. Wodischek oontended for the police oar stating such a oar, used for police duty only, would be ava.ilable at all times, whereas the privately owned police cars were frequently taken out of town and not f'ree for polioe servioe. The Mayor replied, stating one Oar oould not cover the entire territory satisfactorily, and tha t better servioe could be rendered by the present me thod of using the two pr1 va te ly owned cars. He believed that any extra money expended at this time oould be appropriated to better advantagecin the purohase of three traff'io signal lights for too Federal Highway. Mr. Cromer tb3 n addressed the Counoil likeWise emphaSizing the need of traffio lights. Be also asked if the Counc il CXluldn't devise some me thod of paying off delinquent taxes at a reduotion on tax distressed properties, and recommended that the Council take immedia te steps towards ref'1nanoing its bond debt. The Couno 11 assured Mr. Cromer that they had already recommended a method of tax settlement on de- linquent properties, whioh nethod was awaiting oonsider- ation and fina~approval of the Bondholders Committee. Ref'inanoing of' the City's bond debt was then disoussed briefly, and it was moved by Mr. Barton that the City Clerk write Mr. E.J. L'Engle, representative of the Bondholders Committee, asking that the Committee oonsider a proposition for sett1ement of the City's present outstam ing debt on a 50% basis. Mr. Gwynn seoonded tb3 motion which carr.l.ed unanimously. -' !,~- 662 COUNCIL CHAMBER - January 11, 1937 The City Attorney reported he had reoeived deoided opposition from property owners with whom he had communioated in regard to annexation to the City, and it therefore appeared 1 t would be neoessary for the City to Charge a substantial and suffioient fee for any servioes rendered by the City to property owners outside. too City limits. , ,~- Mr. Barton moved the adoption of the following Resolution authorizing the City Treasurer to set aside all tax oollections f'or debt servioe levied in too years 1932, 1933, 1934, 1935 and 1936 to payment of current coupons for interest falling due during the fiscal ~ ar 1936-1937. WHEREAS, The City of Delray Beaoh has for tb!l years 1932, 1933, 1934, 1935 and 1936 levied a speoial debt millage for the bond interest coupons held and owned by the Bondholders Proteotive Commi tte8' (com- posed of A.C. Mittendorf, J.R. Easton and A.S. Huyck), and have also levied a special debt millage for Palm Beach Company fbr the interest coupihns held by said Palm Beaoh Company. and WHEREAS. the resolution provided for the levy of said special debt millages for said speoial bonds, prOVides that too millage levied, and the taxes colle- cted, for the ~ars 1932, 1933, 1934, 1935 and 1936, to be pe.id upon the surrender of the coupons held by said Bondholders Proteotive Committee and Palm Beaoh Company f'or the ourrent years for whioh sa1d millages were levied and taxes oollected; and ',.. WHEREAS. the holders of said bonds have consented and agreed with too City of Delray Beaoh, Florida, that the bond debt millage levied for saili years will be aooepted by them far the surrender of current interest coupons, in tbil plaoe of interest ooupons due for tb!l years the said millage was levied and tax oolleoted. NOW, THEREFORE, BE IT RESOLVED, by the City Council of too City of Delray Beaoh, Florida, tha t all taxes oolleoted for the speoial debt millage levied for the years 1932, 1933, 1934, 1935 and 1936 for the Bond- holders Proteotive Committee (oomposed of A.C. Mittn- dorf, J .R. Easton and A.S. HlIYck) be and the same are ooreby appropriated and are to be paid to said Bondholders Proteotive Committee upon the surrender of ourrent interest coupons in the plaoe of interest coupons f'or the years originally designated in too resolutions levying the millage for said years. AND BE IT FURTHER RESOLVED, by the Oity Council of tbil City of Iklray Beach, Florida, that all taxes colleoted for the special debt millage levied for the years 1932, 1933, 1934, 1935 and 1936 for the Palm Beach Company, be and too same are hereby appropriated 663 .-; COUNCIL CHAMBER - January 11, 1937 and are to be paid to said Palm Beaoh Company upon the surrender of current interest coupons in the plaoe of interest coupons fof the years originally desig- nated in the resolutions levying the millage for said years. Mr. Wodisohek seconded too motion for adoption, which carried unanimously. The President at this point brought up tbematter of traffic lights again, stating the Publio was demanding a set of lights to regulate the traffic on too Federal Highway. The matter was discussed briefly, Mr. Hill finally referring the 1m tter to tIE street and Light Committees to obtain prices on a set of three lights and controls, submitting same at the next regular meeting of the Counc il. On recommenda tion of the Mayor said Committee was later given power to act in tIE purchase of said lights, it being oonsidered necessary that install- ation be made as soon as possible in order to take oare of the tourist traffio during the season. It was moved by Mr. Barton, seoonded by Mr. Gwynn and unanimously carried that the City pay the Ootober and November light bills on too Firemen's Hall amounting to $10.92. " .~~ It was moved by Mr. Gent on , seconded by Mr. Gwynn and unanimously carried that bills numbered 1793 to 1821 having been OlK'd by too Finance Committee, be returned to the Counoil and ordered paid. It was regularly moved, seoonded and oarried that Counc il adjourn. jyJ <U. uJ . c... ~ Ci ty Clerk. APPROVED: AJ:7J;v Presi~ of Coumil Chamber .'ji ,:..,.