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10-25-37 Regular 7at COUNC IL CHAMBER October 25, 1937 The Council met in regular session at 7:30 P.M. wi th the Mayor, Ci ty Attorney and all members of the Council present. 1he minutes of pre vious meeting, wi th a minor correction, were approved as read. Mr. Gee. Carr, Engineer, submitted to the Council a letter from Harry L. Meyers, W.P.A. Supervisor, asking that the City appoint three real estate brokers to view tracts 1,2, and: 3 of the l'elray Beach Athletic Field and Playgrouni known as project No. 1843, :fb r the purpose of determining the present value of said pro];Elrty, said valuation to be used as basis for compilation of Sponsor's contribution form 710. It was accordingly moved by Mr. Barton, secoIJied by Mr. Wodischek, and unanimously carried, that the Chair- man appoint three licensed brokers for said purpose, as requested. The following local realtors 1ere appointed: Matt Gracq, J.M. Cromer and D.M. Bradshaw. A le tter was read from V. D. Stone, asking the City to arrange for settlerrent of doctor ani hospital fees amount ing 10 $321.00 in the llB tter of Emry Pickren's olaim for in~uries sustained while a rrember of the City police force. In this connection, it was moved by Mr. Gwynn, sa conded by lVIr. Barto n, and unan imousl y carried that the City Cleric advise Dr. Stone as to the status of the case, viz: "That the City has never assumed responsi.bl11 ty or liab 11i ty for the Emry Pickren acddent which IlIlccurred on Jan. 17,1937, but that it had attempted tocanpensate Mr. Pickren for his loss of time during period of disability by paying him weekly compensation at the rate of $18.00 per week and by paying '250.00 on the hospital bill provided Mr. Pickren wmld execute a release to the City. 1his re lease had !Eve r been s igled by Mr. Pickren, and too Ci ty was therefore unwilling to make any further paynents, until Mr. Pickren complied with this requirerrent." The BUilding Inspector presented application from R.C. Guptill requesting building permit for residence on lot 12, Block 118. The construction, as planned would plaoe the building li feet closer to South lot line than allowed by the building regulations, he stated, and therefore he asked that the Counoil ];Rss on same. After disoussion, it was moved by Mr. Gwynn that regulati ons in this regard, be waived and permit granted Mr. Guptill, as per request. Mr. Barton se- oonded the motion, whioh oarried unanimously. 789 COUNCIL C~1BER - October 25, 1937 ':~, W.A. Jacobs addressed the Council asking finan- cial aid to recondition certain of the shuffle board courts which, because of inexpert construction, bad proven unsatisfactory and needed rebuilding. ;. man at Lake ''iorth had been contacted by the Shuffleb09.rd Club who was known to be experienced on such court construction and it was estimated the necessary reconditioning could be done for approximately ~160.00. lu. Jacobs said the Club had no money for such purpose but if the City would donate the needed amount the work could be started at once and finished before the influx of winter tourists. N~. Ogren offeree to supply cement for the work at u price of 60 cents a bag. It was finally moved by Mr. ~Nynn, seconded by ~tt. Barton, and unanimously carried, that the Council appro- priate $160.00 to The Recreation Club for this purpose, said work to be done under the supervision of the Club members. Clint Moore asked for an extension of time in which to complete his beach paving contract, as he said it had been impossible to start oiling during the contin- ued wet weather. It was accordingly moved by Mr. Barton, that the time for the completion of Del-Mor Farms'con- tract for the i,irproving and paving of Andrews and Lowry Streets and Seabreeze Avenue be extended forty five days. Mr. Gwynn seconded the motion, which was unanimously carried. Jacob Davis requested the advice of the Council regarding drayage license, stating that he maintained no freight depot or storage service and felt that his business should not be considered in the same class with outside bus and drayage conerns operating on a large scale. After discussion, it was moved by Itr. Gwynn, seclnded by M~r. Barton, and unanimously carried that Mr. Davis be charged license at the rate of $5.00 per truck as provided in Section 38 of the license Ordinance. -.-," ~rr. Vincent Giordano and other South Federal residents were present and requested that the council take some action towards having the level of the sidewalk raised on each side of the Federal Highway, between Atlantic Avenue and S.E. 1st Street. Councilman Gwynn said this matter had been brought up so many times, he believed it was up to the Council to do something about it 1'1 i thout further delay. It was finally moved by Mr. Wodischek that the City Clerk be authorized to notify property owners that the City would bear half the cost of raising said sidewalk level, where required, if the abutting property owners would do li,kewise; and in the event that the owners do not agree to such a plan that the City will then be forced to adopt the legal way of making the nec- essary improvement, and afsessing cost of same to the abut~ing property. Mr. GVlynn seconded the motion, which carr~ed unanimously. 790 COUNCIL CFL"&IBER - October 25, 1937 -.(:" ~iss Dorothea Galvin aPDeared before the Council asking if the City intended to construct curbing alohg the Beach Boulevard as originally contemplated, and was informed that the City would curb only on the East side at the present time. The Street Committee was authorized to proc~ed at once with the construction of this curbing on the East side of the boulevard for a distance of approx- imately 600 feet North of Atlantic Avenue. Upon a recommendation of Councilman Barton, it was moved by 1U. Gwynn that the Chairman of the Parks Com- mittee be authorized to have certain work done on the beach, viz. raise and re?thatch the palm shelters, repair and construct additional swings and have the lifeguard's tower torn down and replaced by a more presentable one. Mr. Genton seconded the motion which carried unanimously. The City Auditor stated that the City's real estate account, as it appeared on the books, did not pre- sent a true valuation of the City's properties and rec- o~mended that an appraisal be made of same and set up on the books at a figure more closely representing its actual value. The matter was discussed, but it was thought ad- visable, for the present, to value such properties at the actual cost to the City in acc;uiring them, and Mr. WinD was so instructed to set up said valuations. Howard Cromer brought up the matter of the new tennis courts at the Playground Project, stating that same were about ready for use, and inasmuch as these would require considerable maintenance, it was desirable that some method be worked out whereby a man could be employed for the regular care and upkeep of same. In this con- nection, he explained that tentative organization of a Tennis As,ociation was under way, with the idea of charg- ing membership fees to be used for the purpose of main- taining the courts provided the City would agree to turn them over to the management and supervision of such an association. Mr. Geo. Bou~hton, speaking in behalf of the proposed organization, stated it was desirable that some expression be obtained from the Council as to the probability of the City cooperating in the manner suggested. It was finally recom~ended by Mr. Barton that the Assoc- i'\tion get something more concrete shaped up for present- ation at which time, he felt sure the matter would receive the favorable consideration of the Council. Howard Cromer stated Matt Gracey had asked that a Committee from the Council be appointed to work with him and other interest%property owners on a plan of beautification for the beach, by the planting of palms on Andrews, Seabreeze and Lowry streets. It was recommended 791- COUNCIL C~~BER - October 25, 1937 ':,. that the property owners in that district band together in an association to carryon the proposed beautification rather than work with a Committee from the council, as suggested. No c..ction was taken. Howard Cromer also requested instruction of the Council in regard to the naming of streets and numbering of houses, explaining that it would be necessary to change some streets to courts and terraces in order to conform with, and carry out 'the house numbering plan recommended by Geo. Carr. Because of opposition of some property owners to the street numbering plan being used in the Beach Section, he proposed to allow existing street names to continue East of the Canal, numbering houses from the boulevard, West to the Canal. After some discussion, pro and con, it was reco~~ended that Nx. Cromer continue his work of number..ng streets and houses as herein outlined. Mr. B.C. Butler re~uested that street light at the corner of Atlantic Avenue and North East Second Street be turned back on for the winter season, and the Chairman of the Light COMmittee advised that said light was included in the list of additional lights soon to be turned on. It was moved by Mr. Wodischek that the City agree to the request outlined in the following letter from the Attorney for Calmgrove Securities Corporation. October 25, 1937 C.Y. Byrd, Esq. City Attorney, Delray Beach, Florida Re: U.S.A., ex rel., CalIDgrove Securities Corporation, v. City of Delray Beach, etc. Dear Mr. B,\'rd:- With re~pect to the alternative writ in the above cause, I am today stipulating with you that the City be required to produce out of this yeer's taxes for ColIDgrove Securities Cor- poration, the sum of $2,237.40. This represents a reduction from the original amount. To produce the reduced amount today stip- ulated for the City is to levy one and one-half mills especially for Calmgrove Securities Cor- poration ,~:aa,dition', the City i:s~. agr~eing to p8.y :to Calmgrbve Sec=ities Corporaj;iofi;$~50.00 ea:sh from the first proceeds of deliu9.uent taxes available to the City for such 792 COUNCIL C}~BEI - October 25, 1937 ,,::... purpose, but not out of taxes previously levied for calmgrove Securities Corporation. This $350.00 is to be ear marked for Calmgrove Securities Corporation and as I understand from you Calmgrove Securities Corporation will receive said ~ount out of the first delinquent taxes of the nature specified above which shall be collected by the City. ..~, If this letter conforms to vour understanding with our agreement with respect to the $350.00 will you kindly approve the same on the line below? Very truly yours, Marshall B. Wood Nx. Gwynn seconded 1~. Wodischek's motion, which carried unanimously. The City Attorney reported that all pending litigation on tax millages had been closed out that day and that the budget and levy resolutions were in order for adoption, wherHupon the fOllowing resolution was submitted and read by the Clerk. RESOLUTION 199 BOOK 4 A RESOLUTION BY THE CITY C0U11CIL OF THE CITI OF DELRAY BEACH, PALM BEACH COUNTY, FLORIDA, ADOPTING ITS ANlWAL BUDGET OF EETHeATED EYJ'ENSES FOR TEE FISCi.L YEAR 1937-1938, AND FOR THE PURPOSE OF LEVYING A TA.1: ON ALL THE PROPERTIES WITHIN 2AID CITY FOR MAINTENl\.NCE A..1\ID OPELi..TION, ;'J\D FOR 'I'EZ FURTHER PTmpOSE OF LE~~ING A T"~ FOR THE PAYMENT OF A PORTION OF THE CUFffiENT BOND INTEREST AG\INST THAT PROPERTY LOCATED IN THE FDRMER CITY OF DELRAY, AND FOR THE PURPOSE OF LLlriING A TP~ FOR PRINCIPAL AND I~'TEREST AGUNST THA'], PROPERTY LOCATED IN'lF..E FORMER TOWN OF DELRilY BEACH, .~ ~JrnE I'T.'fiI'Q::)E.@FCchEVYIcNO=!'. ~~:.:= FJTI CPIJ.3Jl'LI:l. 2TRJi::E~ QILINC .'\lID nWHC)'JElIEH'I'[, AND FOR THE FURTFJill PURPOSE 'JF LEVYING A TiLe AGAINST PROPERTY LOCATED IN THE FOfiliffiR TO"~T OF DEL~\Y BEACH FOR GENEP.AL SENER rTPROVEMENTE:, AND FOR ALLOCATING lUND APFRillPRIATING SAID COLLECTIONS TF.ERE.'UNDER. 793 COUNCIL CHJUmaER - October 25, 1937 It was moved by Mr. Barton, seconded by Mr. Genton, ~nd unanimously carried that said rpsolution be adopted. It was further moved by W~. Wodischek, seconded by !.tr. Barton and unanimously carried, thE'. t the following resolution be also adonted. RF:SOllVPT01\T 200 BOOK 4. " A RE~OLUTION BY THE CITY COT~!CIL OF ~E CITY OF DELHAY B":;\.CH, FLOEID/i., Ji.DO"TING /~ STJ?PL~.ffiNTAL BUDGET FOR. T::-IE VL4.TER DEP/J:TVENT AND FIZING TEE AP?ROPRIATION:::; FOR THE SJJ.ffi FOR THE nScAL YE,:,R 1937-19:38. A letter was read from ~IEngle and Shands advising that the EondholderE; Committee was agreeable to the passage of OrcUnance No. 196 providing that sections 1 and 3 re'3d as follows: "that for a period of six months from October 1, 1937 to April 1, 1938, the City Tax Collector and Clerk is hereby authorized". This, it was explained by the City Attorney, would authorize payment on the pro})osed basis for only e six months' neriod instead' of twelve months, as originally drawn. The council agreed to this amendment and the following ordinance, so amended, '.lias then presented, ,and on motion regularly made, seconded and carried, claced on its second reading. ORDI~j;\.NCE 196 BOOK 4 AN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DELHAY BEACH AUTHORIZING THE SALE OF TAX SALE CEB_TIFIC./~TES .:'iND 2PECI..U i~2SESS'1~r;NT LIENS FOR THE YE,cR 1932 and PRIm: Y'1;;,RS j PROVIDING TEE HANNER IN 'HHICH SAID TAX St~E CERTIFICATES SHALL EE SOLD; TO ';";'EOM THE S.!J'EE SHALL B'c ~:OLD AND THE lIIAN!'ER IN WHICH THE PROCEEDS FI/OM TEE ',ALE OF SAID CERTI- FICATES SR\LL BE DISBUI/:::;ED. The ordinance, havin~ been read in full the second time, it was moved by Mr. WOdischek, seconded by 1tr. Gwynn, and unanimously carried, that the ordinance be adopted on its second reading and final passage. By motion regularly made, seconded and carried the following ordinance was also presented and placed on its second reading. OHDINA..l\!CE 197 BOOK 4 AN ORDINANCE I~AKING IT ljNLA'liFtlL TO MA.NUFACTTJRE , O~~, STORE, KEEP, POS~ESS, SELL, RE~~, L~~SE, LET, L:E~TD, GIVE AWAY U:::;E OR OPERATE SLOT M;~CIIINES OR 794 COUNCIL CHj~mER - October 25, 1937 SIMIw\R DEVISES OPER~TED BY COIN OR OTlIERWISE: DEFINING ~UCH DEVICES: P]c'NTDHTG FOR Tr;'"EIR SEIZURE AND DESTRUCTIOFAND PROvrrmNG'FOR'~HE FORFEITURE OF MONEY. AND OTHER THINGS OF VALt~ THEREIN; .~ID PRESC,IEING THE P~U,LTIES FOR THE VIOLATION OF TIill PROVISIONS OF THIS ORDINANCE. The ordinance h~ving been read in full, the second time it w?w moved by Mr. WOdischek, that it be adopted on its second reading and final passage. Mr. Barton seconded the motion, and on roll c~ll, the vote was as follows: Mr. Barton yes, W~. Hill yes, Mr. Genton yes, ~tr. Gwynn yes, and Mr. Wodischek yes. The motion carried. >.. The fQllowin~ ordinance was presented and read in full. ORDINlu"JCE BOOK 4 AN ORDINill,CE REGULATING DOGS A~ID RE~UIRING THID~ TO BE REGISTERED j~JD LICENSED; RE~UIRING .ALL DOGS RUNNING AT L1\RGE TO BE MUZZLED; A}ID AUTHORIZING A~ID DIRECTING THE POLICE OFFICERS OF THE CITY TO KILL ALL ill,'LICENSED MID UN- l/lUZZLED DOGS FOUND RUNFING AT LARGE A~ID PRO- VtDING FOR A PENl\LTY FOR O~~~RS OF DOGS ViliO ALLO'N SAID DOGS TO FUN AT LARGE UNLICENSED Alm UNMUZZLED. It was moved by Mr. Genton, seconded by Mr. Wodischek Rnd unanimously carried that the ordinance be passed on its first reading. The Clerk reported payment and cancellation of the following bond interest coupons: To L'Ensle & Shands: In Compliance with peremptory writ of mandamus. 6 coupons numbered 22 off bonds 195, 221-225, 1926 900M G~! ISSUE 27.50 ea (Special Acct.) 7 coupons numbered 19 off bonds 194- 190, 1926 900M GEN ISSUE ?27.50 ea (Tax Ctf Acct) $ 165.00 192.50 , ~. It was regularly moved, seconded and carried that the Clerk's action in Daying and cancelling said coupons, be approved. It was reported that the sanitary Inspector had purchased a car, and it was moved by lAT. Barton 795 COUNCIL CH,lMBER - October 25 1937 , \/ th2t the City furnish gasoline for Mr. Brown's inspect- ion work. Mr. Wodischek seconded the motion, which carried unanimously. It Barton, and to ~1.j3R be returned was moved by Mr. Genton, seconded by b~. unanimously carried that bills numbered :1"1 (0 havinE been O.K'd by the finance Committee, to the Council, and ordered paid. , It was moved by Mr. ~odischek that the City Clerk be authorized to enc,uire as to the cost and place to purchase test weights for use of the Police Denartment in making inspection and tests of weights and measures in the City. Mr. Barton seconded the motion, which carried unanimously. Council regularly ad~ourned. ~ -f-tfti . fA n-w.f2. Cl y lerk AJ'PROVED: