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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 ~t~_~~!_~~_~~~~_~~_~~~~~~~~lL_~~~_!q~~~~~~~~~_~~~_~~~!!q~~ 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 <i:.