09-13-37 Regular
766
COUNCIL CHAMBER
f.'
September 13, 1937
The Council met in regular session at 7:30 P.M.
with the Mayor and all members present.
Minutes of the regular meeting of August 23rd and oj
the Board of Equalization and special meetings held
August 2nd, 3rd, 4th, 9th, lOth and 23rd were approved
as read by the Clerk.
A letter from Geo. Carr, accompanied by the
Estimate of Costs, and assessment roll covering the improvE
ment and paving of Andrews and Lowry Streets and Sea-
breeze Avenue was presented by the Clerk, whereupon Mr.
Byrd stated he had drawn the necessary resolution for
approval of said Engineer's report and assessment roll,
which Resolution, as follows, was read by the Clerk.
RESOLUTION 192
BOOK 4
RESOLUTION APPROVING ENGINEER'S
REPORT AND ASSESSMENT ROLL
It was moved by Mr. Wodischek that said res-
olution be adopted and that the following notice be
advertised for two consecutive weeks in the Delray
Beach News to-wit: September 17th and September 24th,1937.'
.
NOTICE
TO ALL PROPERTYOWNERS INTERESTED IN THE
FOLLOWING ASSESSMENT ROLL PREPARED BY CITY ENGINEER
FOR THE FILLING, GRADING AND PAVING OF ANDREWS
STREET, LOWRY STREET AND SEABREEZE AVENUE:
NOTICE IS HEREBY GIVEN that the City Council
of the City of Delray Beach, Florida, has adopted
a resolution accepting the City Engineer's report
and assessment roll, and has examined and approved
the same, said assessment roll setting forth
the cost of said proposed street improvements,
in the City, said street improvements being
for the filling, grading and paving of Andrews
Street, Lowry Street and Seabreeze Avenue, and
the following'assessments levied against the
abutting property benefitted by said proposed
street improvements, said resolution approving
the Engineer's assessment roll having been adopted
on September 13, 1937; the following being the
767
COUNCIL CHAMBER - September 13, 1937
assessment roll as prepared by the City Engineer
and examined and approved by the City council,
showing the amounts assessed against each of
the following described pieces and parcels of land;
(REFER TO ASSESSMENT ROLL EMBOIDIED IN
RESOLUTION NO. 192)
said assessments shall be payable in ten equal
annual installments, payable on November first
of each and every year from 1938 to 1947, both
inclusive, together with accrued interest at the
rate of 8% on all deferred payments, unless
paid within thirty (30) days after said assess-
ment is approved and confirmed.
The City Council of the City of Delray
Beach, Florida, will sit in special Session at
the City Hall in the City of Delray Beach,
Florida, at 7:30 P.M. on October 4, 1937, for
the purpose of hearing any and all objections
to the above and foregoing assessment roll, as
prepared by the City Engineer, and examined and
approved by the City Council.
This notice is published pursuant to a
resolution duly adopted by the City Council of
the City of Delray Beach, Florida.
Mae. W. Cramp
City Clerk
Mr. Barton seconded Mr. Wodischek's motion for
adoption and on roll call, the vote was as follows:
Mr. Barton yes, Mr. Hill yes, Mr. Genton yes, Mr.
Gwynn yes, and Mr. Wodischek yes. The motion carried.
A letter from A.C. Mittendorf to the City
Attorney, and Mr. Byrd's reply, with reference to
debt refunding was read by the Clerk. By moti.on of Mr.
Wodischek, seconded by Mr. Genton, the matter of further
bond debt negotiations was ordered tabled until a
reply is recei.ved from the Bondholders Committee to
Mr. Byrd'S letter of August 26th in which he submitted
the refunding proposition as recommended to the council
by The Committee of Ten.
A letter from E. Bratzel, Chairman of the Gulf
Stream Coast Association, a publicity organization
advocating cooperative advertising for East Coast Cities
waw read, aSking Delray Beach to participate in the
Association's program by the donation of approximately
$75.00 to said advertising fund. It was moved by Mr.
Barton, seconded by Mr. Genton, and unanimously carried
that Mr. Bratzel be advised that the City already had
768
COUNCIL CHAMBER - September 13, 1937
expended more than its budgeted allowance for publicity
purposes and w~s therefore unable to cooperate in this
advertising program.
The City Attorney advised that both The Bond-
holders Committee and Bessemer Properties, Inc. would
mandamus the City for a bond millage similar to last
year with a stipulation agreeing to take a compromise
levy, but that Marshall Wood, representing calmgrove
Security Corporation had not agreed definitely on
such a compromise.
Th~ Clerk then presented and read the following
ordinance:
ORDINANCE 193
BOOK 4
AN ORDINANCE OF THE CITY OF DELRAY
BEACH, IN PALM BEACH COUNTY, FLORIDA,
.AMENDING THAT CERTAIN ORDINANCE NO.132
DULY ENACTED DEC:E.MBER 24, 1934, RELAT-
ING TO THE SALE OF INTOXICATING LIQUORS
AND BEVERAGES WITHIN THE CITY OF DELRAY
BEACH, AND PARTICULARLY HELATING TO
LICENSES FOR IVHOLESALE AND RETAIL VENDORS
OF INTOXICATING LIQUORS
It was moved by Mr. Wodischek that said ordinance
be passed on its first reading. Mr. Barton seconded
the motion, which carried unanimously.
The following ordinance also came up on its
second reading, and was read in full by the Clerk.
ORDINANCE 191
BOOK 4
AN OHDINANCE PROVIDING REGULATIONS
FOR THE INSTALLATION AND USE OF SOIL
PIPES; CONSTRUCTION OF SEPTIC TANKS;
PEillt.IT FEES FOR CONSTRUCTION OF SEPTIC
TANKS; CONSTRUCTION OF GREASE TRJil'S;
INSTALLATION OF STOP COCKS FOR WATER
MAINS LEADING INTO BUILDINGS; AND
INSTALLATION OF FLOOR DRAINS TO BE
PLACED IN PUBLIC BUILDINGS, AND PRO-
VIDING FOR A PENALTY FOR THE VIOLATION
OF THE S&'\1E. IVolE': Fgr (J,sP/t',f'.Ofl 6f this o,.Ji"ftAMc.f'
))u1e PplbW.
Mr. W.J. Walker of the Milton-Myers Post addressed
the Council stating that a committee from the Legion had
been appointed by the American Red Cross to work out
plans for safety and protection of property in the event
of storms in this area. He briefly outlined said comm-
ittee's plans in this regard, stating that members of
the Legion and Fire Department were organized and ready
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I/ok- t was moved by Mr. Genton, seconded by Mr. WOdischek,
and unanimously carried that said Ordinance 191 be passed
on its second reading and final passage.
769
COUNCIL CHAMBER - September 13, 1937
of said organization to the Council in case of need.
It was moved by Mr. Gwynn that this offer be accepted
and that Mr. Walker thank his committee, and advise his
fellow members that the City Council extends its full
cooperation in the plans as outlined. Mr. Barton
seconded the motion, which carried unanimously.
The following warranty deed to property deeded
to the City by C.A.B. Zook for the extension of salina
& Brondson Streets, South through the S~ of Ocean Beach
Lot 19 and the Nt Ocean Beach Lot 20, was by motion of
Mr. Genton, seconded by Mr. Gwynn and unanimously carried,
accepted and ordered placed on record.
Zook Palm Nurseries, to City of Delray
Beach: for a 20 foot R/w for the
extension of Brondson and Salina Streets.
The matter of the new street lighting contract was
againlbroughtup, the President enQuiring if the Council
wished to take any action at this time in regard to same.
Mr. Barton said the submitted contract provided for a
considerable reduction in rates, which he believed was
of prime importance, and inasmuch as said new contract
was in no other respect different to the one under Which
the City is now operating, he was in favor of accepting
the new contract offered by the Power company. He
therefore moved that the Mayor and Clerk be authorized
to. sign Transfer of Title coveying standards, lights,
cable &c. in connection with whiteway system adjacent
to the Swimming Pool at beach, and the following res-
olution be adopted approving and accepting new street
lighting agreement.
~l
i
RESOLUTION 194
BOOK 4
APPROVING A PROPOSED MUNICIPAL STREET
LIGHTING AGREEMENT WITH FLORIDA powER
& LIGHT C01[Pl~ PROVIDING FOR THE FURNISH-
ING BY SAID COMPANY AND THE PURCHASE
BY THE CITY OF ALL ELECTRIC ENERGY AND
SERVICES FOR THE STREET LIGHTING SYSTEM
WITHIN THE CITY OF DELRAY BEACH, FLORIDA,
AND SETTING OUT THE TERMS AND CONDITIONS
UNDER WHICH THE SAID ELECTRIC ENERGY
AND SERVICES SHALL BE FlJRNISHED BY SAID
COMRANY AND PURCHASED BY SAID CITY;
AUTHORIZING AND DIRECTING THE MAYOR AND
THE CITY CLERK OF AND ON BEHALF OF THE CITY
OF DELRAY BEACH, FLORIDA, TO EXECUTE AND
ENTER INTO THE SAID 1UJNICIPAL STREET
LIGHTING AGR~mNT WITIi FLORIDA POVmR &
LIGHT COMPANY.
770-A
.
also that following resolution be adopted
approving bill of sale for beach whiteway
system:
RESOLUTION 195
BOOK 4
APPROVING A PROPOSED BILL OF SALE
WHEREBY THE CITY OF DELRAY BEACH,
FLORIDA, SELLS, OONVEYS, TRANSFERS
AND DELIVERS TO FLORIDA POV'IER &.
LIGHT COMPANY A CERTAIN "WHITE WAY"
STREET LIGHTING SYSTEM COMPLETE, AND
SETTING OUT THE TERMS AND CONDITIONS
UNDER ,VRICH SAID CITY SHALL SELL,
CONVEY, TRANSFER AND DEUVER TO
FLORIDA POWER &. LIGHT COMPANY THE
SAID "WHITE WAY" SYSTEM; AUTHORIZING
AND DIRECT]NG THE MAYOR AND THE CITY
CLERK OF AND ON BEHALF OF THE CITY
OF DELFcAY BEACH, FLORIDA, TO EXECUTE
THE BILL OF SALE WHEREBY THE SAID
CITY'S "WHI1'E WAY" SYSTEM IS SOLD,
CONVEYED, TRANSFERRED AND DELIVEP-ED
BY THE CITY TO FLORIDA POWER &.
LIGHT COMPANY.
770
COUNCIL CHAMBER - September 13, 1937
Mr. Gwynn seconded the motion, and on roll call the
vote was aw follows: Mr. Barton yes, Mr. Hill yes,
Mr. Genton yes, Mr. Gwynn yes, Mr. Wodischek no. The
motion carried. Mr. Senior promised to insert a
clause in said contract regarding restoration of
lights on Fifth Avenue before said contract is finally
entered into.
.
A discussion arose as to the need for enforc-
ing tax collections on delinquent properties and it
was moved by Mr. Genton that this meeting be adjourned
until Thursday night, September 16th, at 7:00 o'clock
at which time the Council shall meet with the Tax
Collector for the purpose of going over said delinquent
tax rolls with a view to preparing a list of such
properties for sale which shall be advertised allowing
property owners a certain length of time for redempt-
ion before foreclosure. The motion was seconded by
Mr. Wodischek, and on roll call unanimously carried.
It was moved by Mr. Genton, seconded by A~.
Wodischek and unanimously carried, that bills numbered
2282 to 2346, having been O.K'd by the Finance Committee,
be returned to the Council and ordered paid.
It was regularly moved, seconded and carried
that Council adjourn to meet again Thursday at 7:30 P.M.
'fr\<{o Cif' ~~
c~ty C er
APPROVED'!M1~
presid~ rof Council Chamber
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