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05-10-37 Regular .r' r:' ,~/i' /" COUNCIL CHAMBER May 10, 1937 The Council met in regular session at 7:30 P.M. with the Mayor, City Attorney and following members present: Mr. Barton, Mr. Hill, Mr. Genton, Mr. Gwynn and Mr. Wodischek. By motion regularly made seconded and carried the minutes were approved as read. A letter from Mrs. Margaret C.L. Smith, expressing an opinion regarding the establishment of the West line of the Ocean Boulevard was read and ordered filed. The resignation of K.E. Holloway as manager of the Swimming Pool was presented and read, and upon motion of Mr. WOdischek, seconded by Mr. Barton and unanimously carried, accepted. ,:o.~ ,] ~\ ,. Applications for the position of pool manager were then received and read from the following: Mr. M.A. York, Mr. W. Frank Hodges, Mr. Lawrence Martin and Mr. Robt. A. Lane. It was moved by Mr. Gwynn, seconded by Mr. Genton and unanimously carried the t said ap'.lications be filed and action deferred in the matter until next m~eting, to allow time for consider- ation of the respective applicants. Deeds were received 'rom C.A.B. zook for the extension of Brondson and Salina Streets through st of Ocean Beach Lot 19 and N~ Lot 20. Acceptance of same was deferred until descriptions could be checked as to widths etc. Bids for painting of the City's two water tank were submitted and read as follows: From Elf Jenkins, both tanks, $748.00 he agreeing to do work according to specifications; and from J.M. Howell a total bid of $900.00 on both tanks. It was moved by Mr. Gwynn that contract be awarded Elf Jenkins at the price of $748.00. The Clerk was instructed to notify Mr. Jenkins of the award and the City Attorney agreed to draw up the necessary contract according the specifications outlined. A letter was read from Matt Gracey asking that tax credit allowed him by the Council at its regular meeting October 13th last be accepted in the payment of delinquent taxes at the same ratio of credit as that allowed when payment is made in cash, on taxes prior to 1933, paid on the 25% basis now effective on vacant property. This matter was discussed pro and con and it was explained that since the 25% settlement plan was not in effect at the time the tax credit agreement was made with Mr. ~racey, it could not have been the intent w .<) ",\1 . COUNCIL CHAMBER - May 10, 1937 703 of the Council to allow credit on this basis. It was finally moved by Mr. Gwynn, that tax adjustment be allowei Mr. Gracey and credit balance of $185.85 now due him be based on and ap?lied at the same ratio as settlement when made with bonds; this being the intention of the Council when agreement was entered into with Mr. Gracey. Mr. Barton seconded the motion, and on roll call the vote was as follows: Mr. Barton yes, Mr. Hill yes, Mr. Genton yes, Mr. Gwynn yes, Mr. Wodischek yes. The motion was declared carried. A letter from B.F. Moseley was read in which he asked the Council to accept an enclosed check for $59.22 ~n settle- ment of his 1925 taxes. This he claimed was based on a fourteen mill levy on the valuation which the county placed on the same property for that year. It was regularly moved, seconded and carried that this matter be referred to the Finance Committee for investigation and recommendation at next meeting of the Council. The following ordinance was presented and read in full by the Clerk. ORDINANCE 175 BOOK 4 AN ORDINANCE OF THE CITY OF DELRAY BEACH CREATING A SPECIAL WARD OR DISTRICT; AND PROVIDING FOR THE ZONING OF SfJD DISTRICT; AND PRESCRIBING THE PURPOSE OR PURPOSES FOR ~mICH SAID PROPERTY WITHIN SAID DISTRICT OR ZONE MAY BE USED; TO FURTHER REGULATE AND RESTRICT SAID PROPERTY AS TO THE USAGE OF SAID PROPERTY WITHIN SAID DISTRICT; DESIGNATING AND PRESCRIBING THE COST OF CONSTRUCTION OF DWELLING HOUSES WITHIN SAID DISTRICT; FOR THE DEVELOPMENT OF THE PROPERTY WITHIN SAME, AND PRESCRIBING FOR A PENALTY FOR THE VIOLATION OF THIS ORDINANCE. It was moved by Mr. Barton, seconded by Mr. Gwynn, and on roll call unanimously carried, that the ordinance be passed on its first reading. Although the ordinance set forth that an emergency existed, it was deemed advisable to lay same over until next meeting for final passage to allow interested parties to acquaint themselves thoroughly with the contents therein. . RESOLUTION 177 BOOK 4, adopting the new Charter and authoriz1ng 1ts presentation for passage in the 1937 session of the Florida Legislature was then presented and read by the Clerk; and it was moved by Mr. Wodischek seconded by Mr. Barton and on roll call unanimously carried that said reso- lution be adopted. 704 COUNCIL CHAMBER - May 10, 1937 'r It was then moved by Mr. Barton, seconded by Mr. Wodischek and on roll call unanimously carried that RESOLUTION 180 BOOK 4~ be adopted, authorizing presentation, for passage by the Legislature, a bill legalizing, ratifying, validating and confirming all tax levies, and assessments and all acts and proceedings of the public officials &c. for the years 1930, 1931, 1932, 1933, 1934, 1935 and 1935. A lease drawn between the City as Lessor and Stonewall Carver, Lessee, for rental of the City's garb age dump, viz. Et SE! NE! SEi of Section 18, was presented for the Oouncil's acceptance. After some debate as to sanitary regulations and the keeping of livestock within the City limits it was moved by Mr. Gwynn that action be deferred until investigated by the Sanitary Committee. This motion was withdrawn after being lost for want of a second. It was then moved by Mr. Genton that said lease be granted and the Mayor and City Clerk be directed to affix their signatures thereto. Mr. Wodischek seconded the motion, and on roll call, the vote was as follows: Mr. Barton yes, Mr. Hill yes, Mr. Genton res, Mr. Gwynn no, Mr. Wodischek yes. The motion was carried. Mr. Byrd as President of the Kiwanis, reported that one developer on the Canal was ready to fill a considerable area of muck land property and that Clint Moore's dredge was here to start on said work. Mr. A. Hofman was present and agreed to sell approx- imately 2~ acres of dirt off the st of Block 145, for the filling of Andrews Street. It was thereupon moved by Mr. Gwynn that the City enter into a contract for option to purchase said 2t acres, or such portion of same as is needed to fill Andrews Street, at a price of $500.00 an acre, the manner of payner.t to be worked out later with Mr. Hofman, and in connection with same, moved the adoption of RESOLUTION 181 Book 4, authorizing request for Government permits to ex- cavate in canal right-of-way. Mr. Barton seconded the motion and on roll call, the vote was unanimous and the motion was declared carried. ~ , i ~ The following ordinance was then presented, and on motion of aMr. Gwynn, seconded by Mr. WOdischek, and on roll call, unanimously carried, ordered placed on its second read- ing. ORDINANCE 173 BOOK 4 AN ORDINANCE OF THE CITY OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, ACCEPTING THE PLAT OF FRACTIONAL EAST F~~LF (Ei) OF SECTION SIXTEEN (15), TOWNSHIP FORTY-SIX (45) SOUTH, RANGE FORTY-THREE (43) EAST, AS SHOWN 705 COUNCIL CHAMBER - May 10, 1937 ;~.... IN PLAT BOOK 1, PAGE 25, p"~ BEACH COUNTY PUBLIC RECORDS, TOGETHER WITH ALL OF ITS DEDICATED STREETS, AVENUES, ALLEYS, OCEAN ROAD AND OTHER PUBLIC WAYS, A.TW ACCEPTING A MAP OR PLAT OR PLAN OF OCEAN BOULEVARD (STATE ROAD NO.140) THROUGH DELRAY BEACH, FLORIDA, PREPARED JANUARY, 1937, BY THE CITY ENGINEER, NOW ON FILE IN CITY CLERK'S OFFICE, FIXING AND ESTABLISHING A WEST RIGHT-OF-WAY LINE FOR THE OCEAN BOULEVARD ~~/OR OCEAN ROAD AS SHOWN ON SAID PLAT WITHIN THE CITY, FOR PUBLIC ROAD, . STREET , HIGInVAY AND BOULEVARD PURPOSES; AND FIXING AND ESTABLISHING THE GRADE, ELEVATION, LEVEL AND BOUNDARIES OF SAID OCEAN BOULEVARD AND/OR ROAD AS SHOWN ON SAID MAP. The ordinance, having been read in full the second time, it was moved by Mr. Barton, seconded by Mr. Wodischek and on roll call unanimously carried, that the ordinance be adopted and passed on its second reading and final passage, as read. Upon enquiry as to disposition of the Emry Pickren injury claim, Mr. Byrd advised, that since Mr. Pickren was not yet prepared to release the City he cou~d only advise that payments be deferred until the extent of claimant's disability could be determined and some basis of settlement arrived at. Mr. Pickren stated Dr. Stone thought it would probably be another two months before he could ride a motor-cycle. Mr. Pickren was therefore requested to secure a letter from his doctor stating the type of his injury and the prObable length of disability therefrom in order to establish some basis for compensation. It was further moved by Mr. Barton that the City continue to pay Mr. Pickren compensation at the rate of $18.00 per week until the next meeting of the C3uncil. This motion was seconded by Mr. Genton and carried unanimously. Mr. Clint Moore offered the service of his trucks to haul dirt for the Playground Project, stating that work could be speeded up considerably if it could be arranged to work a greater number of trucks. It was accordingly moved by Mr. Wodischkk that the City furnish gas and oil to all such trucks or equipment donated for the City's use on said project. The motion was seconded by Mr. Barton and unanimously carried. Mr. John Adams requested, that the City make an effort to immediately work out some plan whereby Andrews Street could be graded ready to pave, while Mr. Moore's dredge is in Delray, stating that he had a client who wanted to immediately fill in his muck lot property but would not do so until assured that the grade of Andrews Street abutting thereon would be 706 COUNCIL CHAMBER - May 10, 1937 'r raised in conformity with same. Mr. V.C. Rousseau, engineer for said property owner also explained the situation, advising t.hat it would take five to six thousand" yards of fill for a fifty foot street a distance of five hundred feet through that area. The need of immediate action being apparent, it was moved by Mr. Wodischek that the Council accept Mr. Clint Moore's proposal to dredge Andrews Street from North city limits South to the present paving, at a price of 20~ a cubic yard cash or 25~ on the assessment plan of payment, using spoil from the ~i acres upon which the City took an option from Mr. Hofman, or so much of said spoil as is necessary; the City to pay Clint Moore for said dredging and filling of Andrews Street with lien certificates assessed to the abutting pDoperty owner, for benefit derived from such fill, such lien certificates to be included with paving certificates when same are issued; the City to proceed as rapidly as possible with the construct- ion of paving and the levying of said a ssessment liens, said paving to be done at the best price available aftermlling for competitive bids. Mr. Barton seconded Mr. Wodischek's motion, and on roll call, the vote was unanimous, and said motion was declared carried. It was further moved by Mr. Wodisohek, seconded by Mr. Gent on , and unanimously carried that the following res- \ olutions be adopted, declaring the intention of the city to \ pave said Andrews Street for a distance of approximately half a mile North to the City limits; and authorizing and instruct- \ . ing Geo. Carr, City Engineer, to immediately pr~pare plans ' and specifications preparatory to calling for bids on this work. '. , '~ BOOK 4 RESOLUTION 178 rREBUI:tnl1l:0NJOF . THJt :CITY"Cr.\lUNCm:r;IGF 1mllI:E:I1::gy OF: ,DEL1l4Y.. BEAGH', r,FI:.ORID(4.~,:EllIDERaiNGl~~ITY ENGJ.JlI~TOcPBEPABE.lPIJtNS AND SPECIFICATIONS FOR CERTAIN STREET IMPROVEMENT WORK. Jt.:\t:,*"""-""'l'.-.- -'- -.....~.- - - - - -.- - --- ~ -- .......=.::; _ = = !::!:!=.~ tot!"': = = ==~ ~.~.:;=~== RESOLUTION l';OR PAVING ANDREWS :GLEAS1)~ & LOWRY STS It was moved by Mr. Gent on , seconded by Mr. Barton, and unanimously carried, that bills numbered 2049 to 2057, having been O.K'd by the Finance Committee, be returned to the Council and ordered paid. By motion regularly made, seconded and carried, Council adjourned. ~afJJ~.(~~ City C er