05-24-37 Regular
707
OOUNOIL CHAMBER
May 24th, 1937
The Oounoil met in regular session at 7:30 P.M.
with the Mayor, Oity Attorney and the following members pre-
sent: Mr. Barton, Mr. Hill, Mr. Genton, Mr. Gwynn and Mr.
Wodi sohek.
The minutes of the last meeting were read and
by motion regularly made, seoonded and oarried, approved.
In oomplianoe with written request from the
manager of the Florida State Fire 'Oollege, it was reg-
ularly moved, seoonded and carried that Fire Ohief Oook be
granted temporary leave of absenoe to attend the Eighth annual
Florida Fire Oollege, to be held in Daytona Beach on July 12th.
A letter was read from Miss Miriam Stowers ask-
ing that the Oity clear her property of trash deposited on
same by the garbage trucks. It was sta~ed that much of the
rubbish complained of had been plaoed there by parties other
than the Oity. Mr. O.A. Baker also stated there was nothing
to indioate where the boundaries of her property were. It
was therefore moved, seconded and carried, on recommendation
of Mr. Gwynn, that the Olerk request Miss Stowers to estab-
lish the lines around said property, sending in her proof
of claim to the Oity, in order that the Oounoil may comply
with her request.
The Olerk submitted pending ORDINANOE NO. 176,
BOOK 4, whereupon Oouncilman Wodischek moved that said ord-
inance be amended to include Blocks 57,58,65,66,73 and 74,
as he stated he had reoeived a petition from nineteen property
owners in said blocks requesting that this district be
inoluded in the ordinance up for passage, thereby imposing
the same restrictions and requirements thereon as is imposed
on Del-Ida, Dell Park And Swinton Avenue properties.
It was moved by Mr. Wodischek, seoonded by Mr.
Gwynn and unanimously oarried that OR~TNANCE NO. 176, ROOK ~,
as amended, be passed on its first reading.
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The ordinanoe was ordered read the second time,
and having been read in full the second time, it was moved
by Mr. Wodischek that ordinanoe be passed and same was there-
upon adopted by unanimous vote of the Oouncil.
The Oity Attorney reported that in compliance
with previous instructions of the Oouncil, Geo. Carr, Engineer,
had prepared specifications and estimate of oosts for the
paving of Andrews, Lowry and Gleason Streets. It was aocord-
708
COUNCIL CHAMBER - May 24th, 1937
ingly moved, seconded and oarried that RESOLUTION No. 179.
BOOK 4, be adopted:
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A RESOLUTION ACCEPTING PLANS AND SPEOIFICATIONS
OF THE CITY ENGINEER FOR CERTAIN STREET IMPROvm.ffiNT
WORK TO BE CONSTRUCTED AND ALSO THE ESTIMATED COST
OF THE PROPOSED IMPROVl!MENTS, WHICH IS SET FORTH IN
SAID PLANS AND SPECIFICATIONS.
And it was further moved, seoonded and oarried
unanimously that RESOLUTION NO. 182, ROOK 4, be adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ORDERING THE CONSTRUCTION
OF CERTAIN STREET IMPROVEMENT WORK.
Mr. Byrd presented a bill entitled:
AN ACT AUTHORIZING THE ISSUANCE OF REFUNDING
BONDS BY THE CITY OF DELRAY BEACH, FLORIDA, FOR THE
PURPOSE OF REFUNDING INDEBTEDNESS OF THE FORMER
~nJNICIPALTIES NOW MERGED .~ CONSOLIDATED INTO THE
CITY OF DELRAY BF~CH AND AUTHORIZING THE LEVY .."\NIl
COLLECTION OF TArES TO PAY SUCH REFUNDING BONDS.
The City Attorney explained that said bill provided a method
for the refunding of the City's bonded debt but imposed
no obligation on the City to adopt said method unless they
so desired. It simply gave additional authority, he said,
to that defined in the reoently adopted charter, and if the
Oounoil saw fit to endorse same, he would have said bill
mailed to Tallahassee for passage by the Legislature. It
was acoordingly moved by Mr. Gwynn that the Oity Attorney be
authorized to have the bill in question presented to the
Legislature for passage. Mr. Wodischek seconded the motion,
which oarried unani~ously.
Mr. Byrd also reported that the Delray Oharter
bill would possibly pass the Senate on local bill night,
May 25th, and reoommended that as soon as said aot was passed,
that the City call for a referendum eleotion, submitting
same to a vote of the people. Eleotion could be oalled
upon receipt of a petition signed by twenty-five percent of
the registered voters of the City and the poll tax requirement
having been eliminated in the new charter, all that was
required of electors, he explained, was that they be qualified
by registration on the Oity registration books.
The Mayor then addressed the Oouncil, recommend-
ing the employment of Mr. R.G. Lynn in the oapaoity of
Superintenden~ of Publio Works. He stated the many aotivities
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709
OOUNCIL CH1~ER - May 24th, 1937
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of the City at this time and the dredging and paving work
contemplated this summer demanded the services of an engineer
and superviso~. He believed employment of suoh a man would
be an ultimate saving to the City; and asked the views of the
Councilmen in this regard. All were of the opinion that such
a man was needed and after a short discussion it was moved
by Mr. Barton that the matter be taken under consideration
uhtil the oall meeting of the Council within the next week,
at whioh time, the employment of a man, as suggested, could
be taken up and decided upon. Mr. Genton seoonded Mr. Barton's
motion, which carried unanimously, on roll call.
Mr. Gracey addressed the Counoil suggesting that
the Oouncil establish a Planning Board to see that streets
in newly platted subdivisions oonform as to widths, and that
zoning requirements and other regulations are complied with.
The Olerk reported having entered into an agree-
ment with A.G. Wright of Atlanta, Georgia, to collect unpaid
delinquent license taxes from Insurance companies doing
business in Delray Beach, whereby 50% of such collections are
to be paid to A.G. Wright as commission; said A.G. wright
to reoeive no other compensation for such service. It was
moved by Mr. Gwynn, seconded by Mr. Barton and unanimously
oarried that the Clerk's and Mayor's action in entering into
said contract be apcroved.
Mr. Gwynn brought up the matter of painting
street markers, which work A.T. Smock had agreed to do for
a part cash and part delinquent tax oonsideration. A question
arose as to just what kind of a tax credit Mr. Smock expected
and it was suggested that action be deferred in this matter
also, until call meeting of the Council, the Clerk in the mean-
time to ascertain from Mr. Smock exactly what his propos-
ition was in regard to doing this work for the City.
The Mayor reported having hired Mr. Howard
Cromer at a salary of $5.00 a day for the purpose of contaot-
ing property owners in the Beach district, and securing
oonsent of said)wners to fill their properties; securing of
right-of-way deeds for the widening and paving of Andrews
Street &c. A payroll covering this work up to May 22nd
for $50.00 was, upon motion of Mr. Barton, seoonded by Mr.
Gwynn and unanimously carried, approved, and the Clerk
authorized to pay same. The Council signified its approval
of Mr. Oromer continuing this work and securing Lowry and
Gleason Street right-of-ways also.
The employment of a new manager for the Swim-
ming Pool was then taken up, and upon recommendation of Mr.
Genton a seoret ballot was circulated and taken by the Cmunoil-
men with the following result:
7:10
COUNCIL CHAMBER - l~y 24th, 1937
A.R. Hollenbeck
Harry Ketler
W.V. Croft
M.A. York
W.F. Hodges
R.A. Lane
1st Choice
1
2nd Choice
3
1
1
2
1
It was acoordingly moved by Mr. Wodisohek that
W.V. Croft be appointed as manager of the swimming Pool,
said appointment to take effect June 1st, at a salary of
$15.00 per week, it being stated that the management and
operation of said pool would be under the jurisdiction of the
Parks Committee. Mr. Barton seconded the motion for appoint-
ment, which on roll call, carried unanimously.
The Clerk reported payment and cancellation
of the following Bonds and Interest Coupons.
To L'Engle & Shands: In compliance with peremptory Writ of
Mandamus,
46 ooupons numbered .34 off Bonds 66 to 107, & 116
to 119 all inclusive, 1920 ~ENERAL BOND ISSUE
@ $15.00 eaoh $690.00
Also 8 coupons numbered 19, off Bonds 123 to 130
incl. 1925 GENERAL BOND ISSUE @ $27.50 eaoh
1926 1 ooupon numbered 26 off Bond #15 1923
SPECIAL ISSUE
220.00
30.00
fI
2 coupons
fI
33 off Bonds #124-125
GENERAL ISSUE
30.00
To E.C. Betz:
2 ooupons No. 21 off Bonds 199 & 202 of the
1926 GENERAL BOND ISSUE @ $27.50 each 55.00
Cancellation of Bonds 23,24,25 1927 SPECIAL
IMPROVEMENT ISSUE, Surrendered by Miss Pernell
for payment of delinquent taxes Sept. 1936, with
a balance due on same of 2,055.00
Cancellation of Bond 22 purohased from A.B. Morrison
& Company for 50 cents (Coupon 7 missing) 1926
GENERAL ISSUE 1,000.00
Mr. Barton moved that the Clerk's action in paying and can-
celling bonds and interest be approved. Mr. Genton seoonded
the motion, which carried unanimously.
7:t:t
COUNOIL CHAMBER - May 24th, 1937
The Clerk requested the Counoil's instruction
in regard to payment of further compensation to EmrY pickren
and WaB advised to defer further payments until a letter
from Dr. Stone was furnished by Mr. Pickren ~s requested at
last meeting.
Councilman Genton recommended that the salary
of Frederiok Brown, be raised to $100.00 a month. The
Chairman of the Finanoe Oommittee explained that salary
increases were usally provided for in the budget approp-
riations and recommended that no aotion be taken now until
it oould be determined whether the City's finances would
warrant such an increase at this time. Thereupon Mr. Genton
withdrew his motion.
The Oity Attorney reported having beenmtified
of the intention of oertain parties to file suit for payment
of bond coupons. He said he had communicated with the attorney
for said parties, asking that they cooperate with the City
and accept a millage levy for payment of coupons in question,
and he wa~ of the opinion that probably the claim would be
reduoed to a Judgment similar to the Calmgrove judgment now
outstanding against the City.
lIT. Byrd also stated that Thos. M. Cook & Com-
pany were the owners of a cuarrtity of bond interest coupons
which they were anxious to have accepted by the City in
payment of past due taxes. In compliance with this request,
and in order to prevent these coupons becoming the basis
of another suit, he had requested the Bondholders committee
through its Attorney, Mr. L'Engle, that they allow these coupons
to be deposited with the City to sell to property owners
for payment of delinquent taxes. He was awaiting replies and
further developments in these matters, he stated.
Right-of-way deeds for the purpose of widening
Andrews Street were presented as follows:
From Lothar Hofman
From Geo. H. Riley
Block 162
Blook 163
It was moved, seconded and oarried that said right-of-way
deeds be aooepted and the Clerk be instructed to have same
reoorded.
By motion regularly made, seconded and oarried,
bills numbered 2068 to 2107, having been O.K'd by the '
Finanoe Committee, were returned to the council and ordered paid;
By motion regularly made, seconded and carried,
Counoil adjourned.
mar w.(~~
. C~ ty Cler
Ghamber