06-28-37 Regular
720
COUNCIL MEETING
June 28, 1937
The Council met in regular session at 7:30 P.M.
with the following Ill9mbers present: Mr. Barton, Mr. Hill,
Mr. Genton, Mr. Gwynn and Mr. Wodischek. The Mayor and
Oi ty At tor ne y were a bsen t.
The minutes of t:tle. June 14th and the special meet-
ing of June 18th were approved as read.
A letter of appreciation from the Trinity Walther
League for pri vi le ge s extended by the Ci ty during the Leag-
uefs recent convention here was received; also a letter
from Mrs. IDt ani th suege sting that an outl ine of the main
features of ths City's proposed new Charter be pUblished
in the Delray Beach News pr ior to eJect ion date in order
that voters may vote intelligently on ths question. These
letters were ordered filed and upon ths suggestion of Mr.
Gwynn the Edi tor of ihe News agreed to briefly set both too
principal provisions and changes contained in the new charter
in the current week's isslE of his paper.
A communication from C.A.B. Zook was read, Offering
to sell cocoonut palms to plant along Andrews Street for a
price of $3.00 each, in payment or which he agreed to accept
a credit on taxes, to be appli.e d as cash. Received also in
connection with his offer, was a letter from Dclray Tropical
Gardens agreeing to move said trees to a location tobe
specified by tre City for a price of $3.00 each. This
Company also offered to move Royal palms now loca ted in the
middle of Gleason Street to the East line of said Street for
a price of $10.00 each or to do any or all of this work on
a tine basis contract, for a price of $5.00 per hour.
This matter was discussed at length, Mr. Howard
Cromer stating that about 20 cocoanuts, and 20 cabbage palms
now located in tre Gleason Street Ri@:lt-bf-way would have
to be moved within tre next week or ten days to make way
for Clint Moore's dragline. Mr. Zook stated toose trees
belonged to him and he would move tl::em off in the eve.nt tl::e
City did not purchase Sall8.
It was stated that the City was ooliged to move
the 14 Royal PaJms now 10 ca ted wi thin five feet of the center
line of Gleason Street, and on motion of Mr. Genton, the
price of $10.00 each for moving, was accepted and Mr. Blank
72:1
COUNCIL CHAMBER - June 28, 1937
was instructed to remove said trees to the East line of
Gleason Street, on City pro perty, the matter of exact loc-
ation for sam being referred to the Street Committee with
power to act. Mr. Barton seconded tre motion, which carried
unanimously. Tl::e Committee agreed to neet wi th Mr. Blank
Tuesday morning fOr this purpose, and also to discuss VJith
Mr. Zook the possiliility of purchasing the cocoanut paJms
which he offers. It was fur ther moved, seconded and carrie d
that payment to Mr. Blank for the moving of trees be taken
out as a credit in paynent of taxes.
A communication was received from Mrs. Cornelia B.
Stevens asking that the City clear N.E. Second Street from
Seventh Ave., to the Canal. In further regard to this,
Councilman Gwynn stated l::e had investiga ted same and found
tha t dense shrubbery on tl::e North side of Second Stree t
rendered the approach to the Corner of Seventh Avenue and
Second Street dangerous. With the Council's approval, too
Chairman of the street Committee agreed to have Mr. Baker
and his crew clean out the underbrush in this vicinity.
By request of the Coun~y Commissioners, it was
moved by Mr. Barton, seconded by Mr. Gwynn and unanimously
carried, that the following resolution be adopted.
BE IT RESOLVED By the City Council of the City of
Delray Beach, FlJrida, that it doe s hereby request
too Board of County Commissioners of Palm Beach
County, Florida, and doe s direct said bo ard to use
all funds that may accrue to the credit of tre City
of DeJray Bsach, Florida, from the colJe ction of
general road and bridge ad valorem taxes for the year
1937-38 on property sit uate within the territorial
limits of the City of Delray Beach, Florida, for tl::e
upkeep and maintenance of county roads and bridges
within or partially wi thin said territorial limits.
A letter from Viinn IDvett Grocery Company enquir-
ing as to sanitG.ry l'equireme nts a t the ir new store now under
construe tion, was read and by mot ion of Mr. Barton, seconded
by Mr. Gwynn, and unanimOUsly carried, referred to the
Sanitary Committee for investigation, and reply.
The Clerk presented RESOLUTION :NO. 189. BOOK 4;
A RESOLUTION OF THE CITY COm:CIL OF THE CITY OF
DELRA Y BEACH, FLORIDA, ORDERING THE CONS TItUCTION
OF CERTAIN STREET ILIPROVEMENT WORK.
CounciJman Wodi schek moved its ado:Dtion and author-
ized the publ ica tion of same to gether with re qu ire d no ti ce
to property owners, adviSing that objections to said paving
'i'K:lUld be heard at the regular meeting of the Council, July 12th.
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COUHCIL CHA.MBER - June 28th, 1937
"
The motion \'ll.S seconded by Mr. Genton, and on roll, the vote
VIas as follows: Mr. Barton yes, Mr. Hill yes, Mr.Genton yes,
Mr. Gwynn yes, Mr. Wodischek ;yes. The motion was declared
carrie d.
Upon advice of the City Attorney it was decided to
defer final passage of Ordinances 185 and 185 until after
ratification of the new City Charter, when it will be suf-
ficient to publish ordinances by caption only. In the mean-
time it was recommended tJ:nt contractors in these trades get
together and decide definitely what they want and be pre-
pared to make their desires or objections known in regard
to the passage of' said proposed ordinances covering electric-
al and plumbing contracting.
Righ t-of-my deed for the purpose of widening Andrews
Street was received as follows: and by motion regularly made,
seconded and carried, accepted and tl::e Clerk wasprdered to
have Salll9 placed on record.
Lillie J. Stoney to Cit y of Delray Beach:
The W.17' of the S50' of the NlOO'
of Beach IDt 11; Deeded for :lndrews
Stree t Ri@:l t-of-way.
Howard Cromer explained tha t prorerty owners abut-
t:lng on the East and West sides of Seventh Avenue, between
Second and Third Streets were desirous of having seme paved
fOlI' a width of eighteen feet at their own expense for a cash
price of $3.00 rer foot and desired the City's permission
to do so, whereupon it was moved by Mr. Genton that the
follow:lng resolution be adopted:
A RESOLUTION OF THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, FLORIDA, ALLOWING CLINT MOORE
TO ENTER INTO CONTRACTS WITH ABUTrING PROPERTY
OWNERS FOR THE PAVING OF CERTAIN STREETS.
WHEREAS, a majori ty of till ovmers of the lands front-
ing on South East Seventh Avenue, between Second Street,
on the north, am Third Street on the South, said lends
lioole to be assessed for tl::e special local improvement
of pl.ving said South East Severrth Avenue, between Second
and 'Ihird Streets, have petitioned for permiSSion to pave
said street by private contrac t, and
WHEREAS, the City Council deems it to be to the best
interests of too City of Delray Beach to cause said
Southeast Severrth Avenue to be graded and paved;
NOW, TBEREFORE, BE IT RESOLVED, BY THE CITY COUNCIL
OF THE CITY OF DEIRAY BEACH, FLORIDA.:
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COUNCIL CHAMBER - June 28th, 1937
-,
0>
Sect ion 1. That the City Council of the City of
Delray Beach, has no objection to said paving and
does hereby go on record as allowing ths abutting
property owners facing on se;id Southeast Seventh
Avenue, between Second and 'Rlird Street, to enter
into private contracts for said grading, paving and
construction of said street.
Section 2. That said paving and conlltruction of this
section of Soutre ast Seventh Avenue shall be the usual
Be'! of rock rolled to 6" with tw:> coots of oil treat-
ment, and shall comply with the Ci tyfs requiremen ts and
shall be ac cepta ble to the to the City Council when
completed.
,
Section 3. The City will not be held liable for the
cost of said construction and will beheld in no way
responsi ble fer paymnt Cl[' collection of payments
covering cost of said constroo tion.
Mr. Gwynn seconded the motion, and on roll call the vote
was as follows: Mr. Barton ye s, Mr. Genton ye s, Mr. Gwynn
yes, Mr. Hill yes and Mr. Wodischek )'as. The motion carried.
By motion regUlarly made, seconded and carried,
the Clerk was instructed to have ballots pre~red and printed
for the Referendum Election to be held Tuesday, July 6 mxjr.
i'1ri tten approval by the Bondholders Committee for
the continuanoe until October 1, of the City's plan of accept-
ing taxes on vacant pro];erty for the yeam 1932 and prior
thereto on the 25% basis was read to the Council, whereupon
it was movedby Mr. Wodi schek that RN30LTfflON NO. J90
BOOK 4 be adonted:
, "
RESOLUTION AUTHORIZING SALE OF TAX SALE CERTIFI CATES
AND ASSESSMENT LIENS YEAR 1932, AND PRIOR YEARS.
The motion was seconded by Mr. Barton and carried unanimously.
The substance of a letter to Mr. Byrd, from A.C.
Mittendorf, embodying a tenta ti ve proposition for the refund-
ing of the Cityfs debt was read to the Council, and by motion
of'Mr. Barton, seconded by Mr. Wodischek the oommunication
was referred to the City Attorney, and the Clerk instructed
to advise Mr. Mittend orf that the City was unable to take
this matter under se:5ious consideretion until after Mr.
Byrd's retut'n.
A communication addressed to the City Attorney,
enclosing a Declare tion for danages in the amount of $50,000.00
and involving Delray Bonds, in the principal amount of
724
COUNCIL CH.Q1BER - June 28, 1937
;
$23,000.00 was read, and by motion of Mr. Wodi scOOk, the
Ci ty Attorrey was instructed to fi le such necessary plead-
ings to this suitas are warranted, at such time al!l City
officials are rerved with summons; said suit having been
filed by M.F. Baugher, Attorney of West Palm Beach in the
Uni ted S1;a tes Distri ctCourt for the Miami Division, Southern
District of Florida, 1'or George Kiess, Plaintiff. Mr. Genton
seconded the motion, which carried unanimously on roll call.
Mr. Gwynn explained that Mr. Carr's engineering
work on Andrews, Glea son, Lowery and Seabreeze Avenue s was
about 75% completed from the standpoint of expenditures and
about 60% from a tim standpoint, and as it was difficult
for him to continue to financ e this work, for which he is to
be paid in lien certi fica tes, it was desirable th3. t tre
City pass a resolution authorizing the "mploynent 01' Geo.
W. Carr as Engineer to prepare plans and specifications and
to supervise the work on said streets, for which he is to
receive lien certificates in payment. Such a resolution,
Mr. Carr explained, could be used by him and tendered to
the bank as collateral. It was accordingly moved by Mr.
Gwynn, seconded by Mr. Barton, and unanimously carried that
the City Attorrey be instructed to draw such a resolution,
for passage at next Council rreeting.
Councilman Gwynn urged that the street Committee
get together and decide about street markers and have Mr.
Smock proceed with the painting of same. It was finally
decided that IJr. Hill, Mr. Wodischek and Mr. Gwynn maKe
further enquiries of too lumber companies I3lld decide as tIs
kind of pine or cypress best adapted to this purpose.
The Clerk reported no bids had been received for
the Gle as on , Andrews ana Lowery Street paving and Mr. Hill
explaine d tha t several contractors had complaine d of in-
sufficient time 1P prepare and submit bids and had there-
fore reQUested that an extension of time be granted for
this purpose. It was accordingl y agreed to defer the open-
ing of said bids until 8:00 o'clock Monday night, July 12th.
It was moved by Mr. Wodi schek that the City Clerk
be empowered to buy a bond. a t such time as sallE is needed
for taxpaying purpores, at tre best price possible, notto
exceed fifty cents. The motion was seconded by Mr. Barton,
and unanimously carried.
The Tax Assessor, reported that the 1937 Assessment
Roll would not be finished by July 1st and requeste1 an
extension of time for the completion of sam. It was accord-
ingly moved, seconded and carried that a month's extension
be allowed the Tax Assessor and that the Council sit as a
Board of Equalization on the first Tuesday in August to
hear complaints on said roll.
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COUNCIL CHAMBER - June 28th, 1937
;
Mt'. Gwynn requested advice of the Council in regard
to lettering of the water tanks but tl::e conoensus of opinion
was that this was unnecessary since the tanks were not
prominently loca ted in town.
It was moved by Mr. Genton, seconded by Mr. Wodis-
chek, and unanimously carried tmt bills numbered 2108 to
2199 inolusive, having been OU'd by the Finance Committee,
be re turne d to the Council, and ordere d paid.
By mot ion regularl ~T made, seconded and carrie d,
Counoil adjourned.
~~). (j-f1A1Ar
City Clerk
APPROVED:
~
ANA
PreSidtrlt of C uncid
Chamber