03-22-37 Regular
1"685
V..' ,
coumIL CEAMBER
March 22, '1937
The Coumil rret in regular session at 7:30 P.M.
wi th the 1'tayor, City Attorney, and all rrembers of the Council
pre sent.
The minutes were read, :;md by motion, reg1J~ar ly
nade, seconded am carried, approved, after minor correction.
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A lengthy communication was read from LA.
FOg3.rty of Cone y Island who propose d to lease the s\":1mming
pool for a five year term, tlE City to allow him the 1)ri vi Ie ge
ofputting in public concessions and DBking certain changes
upstairs at his own e::cicnse. His proposition was to pay to
the City 25% of tlE gross receipts from locker and pool
tickets, and retain 75% as his share for maintenance and upkeep
of pool an d conoessions. I,Ll!ft was considered advisable to
enquire further of Wll'. Fogarty 8lld learn what the oonoessions
would be, and just what maint enanoe expen se he proposed to
bear. It was therefore moved by Mr. Wodischek that the
ma tter be re ferred to the Parks Conmit tee for investiga tion
and report at next meeting. Mr. G€niDn seoonded the motion,
whioh on roll call, oarried unanimously.
A letter was read from Mslie G. Dinsbier,
owner of propert'. in Blccks 120 and 128 enquiring as to the,
possibility of extending the City sewer line to his property.
It was the opinion of the Council that septio tank installation
would be preferable at said 1002. tion. On motion of Mr. Barton,
seoonded by Mr. Gwynn and unanimously carried, the matrerwas
referred to the Sanitary Conmi ttee for invr stiga tion and
report baok to the 00 unci l.
A oommunioa ti on from A. TJ Smook offeri~ to
settle approximately (1;175.00 worth of taxes by paying :;;50.00
in oash and giving the City ';)200.00 worth of sign painting
work in return fur the balame he owes, was read. The matter
was discussed, and the need of streetl'lakers was s tressed by
the Councilmen, who were of the opinion that ~w. Smook could
prObably do this WCJ.I:'k. It was thought advisable to invest-
igate and learn wha t addition'l outlay would be neoessary for
standards and lumber tooonstruot trese street signs. It was
fim lly moved by Mr. Barton thatche matter be referred to
the Street Conmittee for reDort baok to the Counoil at its
next rre eting. Mr. 'l1odi schek seconded the motion, "Ihich on
roll call, carried unanimously.
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A letter from Goo. Carr aooompanied by an
estimate showing the approximate cost of grading and paving
imdrews Street from Lowery to Laing street, a dist anoe of
1362 feet VIaS submitted and discussed by the members.
686
COUNCIL CHAMBER-March 22, 1937
J.K. Gwynn, Chairman of the Street Committee
said he had discussed the matter personally with Mr. Carr
who had informed him that it would be oheaper to have con-
crete headers put in at this time. Mr. Carr also advised
that this work be ~one under competent engineering super-
vision, and that ~Ysix to ten inches of ~9~~ be rolled
and puddled at a time. This, to eliminate the danger of
settlement over the muck and marl surface on which it is
proposed to lay said street, It was considered advisable
to get in touch with local contractors in order to get a fur-
ther estimate of the total cost of this work so that figures
may be submitted for property owners' consideration. The
matter was therefore left with the street Committee to work
out details.
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The Clerk rep0rted City deposits in the West
Palm Beach Atlantic National Bank were exceeding the amount
of collateral held as security and requested the Council's
advioe in regard to same. It was accordingly moved by Mr.
Wodischek, seconded by Mr. Barton, and unanimously carried
that the Clerk request $5000.00 additional oollateral to
be left up SO long as City aooounts warranted security to
that extent.
Mrs. Weir asked if the City would not undertake
to keep N.E. 8th Street, Just South of her property in
Frey Subdivision, in passable condition, as she claimed it
was being used by heavy trucks and by Del-Ida traffic to
such an extent that the street had become unfit for use by
her tenants. This matter was referred to the Street Committee
for reoommendation.
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Councilman Barton reported intersections at the
corners of Federal Highway and First and Second Streets were
in bad shape. big holes having been '>Torn in the paving at
these corners. He said it was up to the State Road Depart-
ment to repa ir the se and considered the City should ask the
Highway Department to do something about it. It was there-
fore moved by Mr. Wodischek that the Clerk write said Depart-
ment asking that these holes be repaired and the level of
the paving be raised sufficiently to remedy the dangerous
approaches at the aforementioned intersections. The motion
was seconded by Mr. Barton and unanimously carried.
~w. Rudy Ellingsworth asked that the Counoil
cancel lien for sidewalk assessment along the West line of
his property Lot 5 Blook 79, whioh waxk had been laid on
private property and his shrubbery destroyed thereby, he
said. This matter was also referred to the Street Committee
for investigation and recommendation back to the Council
at its next meeting.
Mr. Hill stated he had given consideration
68;
C.oUNCIL CIL~~BER - March 22, 1937
to the request of the Willman's Club for a building site and
recommended a loc~tion on the property owned by the City
just South of the Firemen's Hall, which, he said, was easily
aocessible and a logical location for such a club building.
It was deemed unnecessary to take any action in the matter
at the present time, however.
Profiled map showing the proposed new West
Boulevard line was presented ~nd examined by the Council
and residents present, after which the following ordinanoe
was submitted and read by the Clerk.
ORDINANCE 173
B.o.oK 4
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AN .oRDINANCE .oF THE: CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLOE ID:" ACCEPTING THE
PLAT .oFFRACTI.oNAL EAST HALF (Ei) .oF SECTION
SIXTEEN (16), TO~~SHIP FORTY-SIX (46) SOUTH,
RANGE FORTY-THREE (43) EAST, AS SHOVm IN PLAT
BO.oK 1, P~GE 25, PAL1~ BEACH COUNTY PUBLIC RECORDS
~.oGETHER WITH ALL .oF ITS DEDICATED c3TREETS,
AVENUES, ALLEYS, .oCEAN R.oAD Al\fD .oTE'ER PUBLIC
WAYS, AND ACCEPTING A MAP OR PLAT .oR PLAN .oF
OCEAN B.oULEVAHD (STATE hOAD N.o. 140) THR.oUGH
DELRAY BEACH, FLORIDA, PREPARED JANUARY, 1937,
BY CITY ENGI~"EER, N.oW ON FILE IN CITY CLERK'S
.oFFICE, FIXING AND ESTABLISHING A irEST RIGHT-
.oF-WAY LINE FOR THE OCEAN BOULEVARD AND/.oR
OCEAN R.oAD AS SH.oVm .oN SAID PLAT WITHIN THE CITY,
FOR PUBLIC ROAD, STREET, HIGF#AY AND BOULEVARD
PURPOSES; "~D FIXING AND ESTABLISHING THE GRADE,
ELEVA.TI.oN, LEVEL AND B.oUNDARIES OF SAID OCEAN
BOULEVARD lU\fD/.oR R.oAD AS SHOWN ON SAID llAP;
AND PRESCRIBING THE DISTANCE WEST .oF SAID
RIGHT-.oF-WAY LINE THA.T PERMA.l\fENT BUILDINGS
AND IMPROVillIIENTS NLW BE CONSTRUCTED, AND
PRESCRIBING A PENALTY FOR THE VI.oLATION .oF
THIS .oRDINiU\fCE.
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It was moved by Mr. Wodischek that the ordinanoe be
passed on its first reading. Mr. Barton seoonded the
motion, whioh on roll call, carried unanimously.
The Building Inspector presented speoial
application for a chicken house 12 x 24, to be ereoted on
Mr. Carver's property in Grove Park, and it was mo~ed by
Mr. Barton, seconded by Mr. Wodischek, and unanimously
oarried, that permit be granted.
Mr. Byrd advised that he and Mr. Wodischek
had not yet prepared an ordinanoe regulating oarnivals.
Upon the recommendation of ether members of the council,
however, it was~re8d to defer aotion on tfuis ordinanoe
688
COUNCIL CHA11BER - Mardh 22, 1937
until such time as a general recodification of city
Ordinances is made this summer.
The Clerk reported interest payments and
oancellation of bond coupons as follows:
To Eugene C. Betz, Monroe, Miohigan
3 coupons numbered 21 off bonds 204, 205,
206 of 1926 G~NERAL BOND ISSUE OF 900M-
Due 10/1/36
83.50
To L'Engle & Shands, for Bondholders Committee
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50 coupons numbered 21 off bonds 676 to
685,716 to 750, 841 to 845,1926 GENElAL
BOND ISSUE OF 900M - Due 10/1/36 1,375.00
14 coupons numbered 33 off bonds 86 to 95
106 & 107, 116 to 117, 1920 GENERAL BOND
ISSUE OF
210.00
also payment to Calmgrove Securities Corporation of $145.00
being fourth payment made in partial satisfaction of the
judgement held against the City for past-due interest. It
was regularly moved, seoonded and carried, that the Clerk's
action in paying interest and cancelling coupons be approved.
In compliance with the recommendation of last
meeting that the Government be petitioned to protect the
canal banks through the City, thereby preventing canal water
overflowing the low-lying land abutting thereon, Mr. Byrd ;
presented the following resolution, which was read by the
Clerk.
RESOLUTION NO. 174
ORDINANCE BOOK 4
It was moved by Mr. Genton that the resolution
be adopted and a copy of same forwarded to the U.S. Engin-
eers, State Senators and Congressman Wilcox. Mr. Barton
seoonded the motion which on roll call, carried unanimously
It was requested that Mr. Baker barrioade the
blind railway crossing at Seoond Street and Councilman
Wodischek promised that the Railroad would provide ties for
this purpose if Mr. Baker would do the neoessary work.
The City Attorney reported that the Mayor and
he had met with the Bondholders Committee in Jacksonville
last week, and after a lengthy disoussion with them in
regard to refinancing, he was of the opinion that the committee
was not yet ready for a refunding soheme; that they did
not believe now was a good time to negotiate for a refunding.
689
COUNCIL CHA]~BER - Maroh 22, 1937
He thought, however, that something along this line, would
be worked out during the Summer. The Committee ha&made a
trip and survey of Delray Beaoh, and had promised tb try to
have some refunding plan to present for the City's consid-
eration before the taxes are levied next fall.
It was moved by Mr. Genton, seoonded by Mr.
Wodisohek and unanimously oarried that bills numbered 1944
to 1974, having been O.K'd by the Finance Committee, be
returned to the Counoil and ordered paid.
It was regularly moved, seoonded and carried,
that Counoil adjourn.
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APPROVED:
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