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11-23-37 806 COUNCIL CHAMBER November 22, 1937 The Co~ncil met at 7:30 P.M. with the Mayor, City Attorney and all members of the Council present. The minutes of the last regular meeting were approved as read. '-' " A letter was read from R.C. McNeil in which he recommended that the City make Avenida Grande a one-way street, using the North side of parkway for West bound traffic and the South side for East bound traffic, and that no parking be allowed on said street. It was also suggested that the CitYl check said, street for holes and apply cold patch, wherefleeded, to preserve it. It was moved by Mr. WOdischek, seconded by Mr. Gent01and unan- imously carried that this matter be referred to the Mayor and Street Committee with power to act. A letter from the Secretary of the Florida League of Municipalities was read regarding,membership in its organization, and enclosing a copy of its by- laws and regulaltions. No action was taken in a pply- ing for memberEhip in the organization at this time, it being suggested that the matter be deferred until next meeting of the Council, to permit members to look over said by-laws and requirements. A letter from the Toledo Scale Company, quoting prices on test weights, was submitted and discussed by the Council, and on motion of Mr. Wodischek, seconded ~y Mr. Gwynn, and unanimously carried, the Clerk was authorizeu to purc~ase a set of such weights, in the sizes and type r(com~ended by Mr. Atkisson, Inspector of weight~and measures, at the lowest price quoted. A letter from Columbian Securities'Corporation of Topeka, Kansas, representing sixtJr Thousand of Delray's Bonds was read, in which enquiry was made as to the status of the City's debt refunding plan. The letter was referred to the City Attorney for r8ply. ~', ~trs. Grace S. Weir appeared at the meeting and entered a complaint in regard to the poisoning of her tenant's dog by a neighbor. She asked if the City could do anything to restrain sqid neighbor in her practice of setting poison out on her property, and what recourse might be had in the matter. The Nlliyor and City Attorney advised there was no City Ordinance 807 COUNCIL ClL~1BER - November 22, 1937 whereby this sort of thing could be regulated, and recom~ended that the complainant take the matter up with a Justice of the Peace. Mrs. Weir also complained that piano practice by pupils of the Playday School on North Swinton fivenue was annoying to herself and tenants, on the adjoining property, and asked if such could not be restricted by City Ordinance. It was stated that the Playday School had located on that property prior to the time the district had been restricted to residences only, and therefore couldn't be prohibited, at this time, from carrying on its regular business as a school. P'.J The Clerk presented the following ordinance, which was placed on its second reading. ORDINANCE NO. 198 BOOK 4 A.~ ORDINANCE CONFIR11ING AND EQUALIZING ASSESS- MTITTS FOR THE FIJ,.LING, GRADING AND PAVING OF Al\1DREWS STREET, LOWRY STREET AND SEABREEZE AVENUE A.l'm LEVYING SPECIAL H/fPROVEMENT ASSESS- NlENTS AS SHOWN BY THE ASSESSMENT ROLL FOR SAID SPECIAL IMPROVEMENTS; PROVIDING THE METHOD SKID SPECIAL ASSESSMENTS SHALL BE MADE, THE TIME WHEN THE SAME SH.'U.L BECOME PAYABl.E; THAT SAID ASSESSMENTS TO BE LEVIED S1L\LL BE A LIEN FROM THE DATE OF THE ,tsSESS- 1ffiNT, UPON THE RESPECTIVE LOTS DESCRIBED ON SAID ASSESS1ffi~IT ROLL AND SET FORTH HEREIN; THE MAI\'NER IN ViHICH SAID ASSESSl!ffiNTS ARE TO BE COLLECTED AND PROVIDING FOR THE ISSUANCE OF SPECIAL CERTIFICATES OF INDEBTEDNESS FOR THE AMOUNTS SO ASSESSED AG~INST THE ASSESS- ABLE PROPERTY ,UfO PROVIDING TF-AT THE CITY 11AY TRANSFER AND DELIVER SAID SPECIAL CER- TIFICATES OF INDEBTEDNESS TO THE CONTRACTOR, CITY ENGINEER AND CITY ATTORNEY IN PATIf.ENT OF SAID SPECIAL IMPROVEMENTS: The ordinance having been read in full the second time, it w as moved by Mr. Wodischek that it be adopted on its second reading and final passage. Mr. Gwynn seconded the motion, and on roll call the vote was as follows: Mr. Barton yes, Mr. Genton yes, Mr. Gwynn yes, Mr. Hill yes, and Mr. Wodischek yes. The motion was declared carried. -:.~~ The Clerk presented nomination petitions of candidates to be voted on for the office of Council- men in the approaching election, whereupon the follow- ing resolution was intrmduced: 808 COUNCIL CH]!iBER - November 22nd, 1937 ~m~EAS, Article 14, Section 131 of the City Charter of the City of Delray Beach fixes the first Tuesday in December, 1937, as the date for holding the City of Delray Beach fi:...Jt primary election; and ", WHEREAS, A.J. Caraker and E.B. Foote have filed with the City Clerk within the time prescribed by the Charter their petitions, signed by more than fifty registered qu~lified voters, as candidates for the office of City Councilman, Class "A", and the City Council finds that the said A.J. Caraker and E.B. Foote are qualified electors of the Cit~y, and are tax payers on real estate within the City limits, and have been the owners of real estate for more than one year prior to the date of the filing of said petitions; and WHERKts, Arthur Barton, D.M. Bradshaw and E.C. Hall have filed with the City Clerk within the time prescribed by the Charter their petitions, signed by more than fifty registered qualified voters, as candidates for the office of City Councilman, Class "B", and the City Council finds that the said Arthur Barton, D.M. Bradshaw and E.C. Hall are qualified electors of the City, and are tax payers on real estate within the City limits, and have been the owners of real estate for more than one year prior to the date of the filing of said petitions; and WHEREAS, J.M. Carsey and C.W. Hill have filed with the City Clerk within the time prescribed by the Charter their petitions, signed by more than fifty registered qualified voters, as candidates for the office of City Councilman, Class "C", and the City Council finds that the said J.M. Carsey and C.W. Hill are qualified electors of the City, and are tax payers on real estate within the City limits, and have been the owners of real estate for more than one year prior to the date of the filing of said petitions; and \lJHEREAS, in Class "B" there are three can- didates qualified for the office of City Council- man, thereby requiring a primary election to be held on December 7th, 1937 in this Class. -:::. NOW, THEREFORE, Be It Resolved, by the City Council of the City of Delray Beach, Florida, that the above named petitioners be declared ,the regular qualified candidates for the respect- ive office of City Councilman in Class "A", Class "B" and Class "C"; and . i~ 809 COUNCIL C}UMBER - November 22nd, 1937 ~ -'--WHEREAS, in Class "B" there are three cand- idates~u..alified for the office of City Coy.ncll- man, there'by,,,::equiring a primary ele~.J;j.on--to be held on Decemher 7th, 1937 in>l:rhfs Class. -'. -'---------- --. ...---:---------~---- Now, THERT~FORE, Be~Resolved, by the City Council of~ity of De.lray Beach, Florida, t..lla-t---'the above named pe1;i.~ioners be' decla~'1;he regular qualified candJ:'daj;es for ~--respective office of City Councilmart~ Class "A" Class "B" and Class "C" and -----------..-...-'-..-- -- ---.-------,,--"--- ~ BE IT FURTHER RESOLVED, that the City Clerk be and is hereby authorized to cause to be printed official primary election ballots for the special primary election to be held on Tuesday, December 7th, 1937, said special primary election ballots to set forth the names of Arthur Barton, D.M. Bradshaw and E.C. Hall in Class "B". BE IT FURTHER RESOLVED, that the names of A.J. Caraker and E.B. Foote, who have filed their petitions, and have qualified in Class "A" for the office of City Councilman, be declared as qualified for the general election to be held on December 21st, 1937, there being only two persons qualified in said Class "A". BE IT FURTHER RESOLVED, that the names of J.M. Carsey and C.W. Hill, who have filed their petitions, and have qualified in Class "c" for the office of City Councilman, be declared as qualified for the general election to be held on December 21st, 1937, there being only two persons qualified in said Class "C". BE IT FURTHER RESOLVED, that L.C. Hand, be appointed as Clerk, and W.O. Winn, Geo. W. Mayberry and G. Leslie Moore be appointed in- spectors to hold said pri~ry election in the Firemen's Hall on Tuesday, December 7th, between the hours 8 A.M. and 6 P.M. Eastern Standard Time. BE IT FURTHER RT<SOLVED that the City Clerk is hereby authorized to pay sqid Clerk and Insoectors for their services rendered in holding said election, the sum of $4.00 each, and furnish one meal. BE IT FURTHER R::'SOLVED, that the City Council does hereby determine that an emergency exists, in that this resolution must take effect immediately in order that the special primary herein called can be held as is provided by the City Charter. ~lU COUNCIL CFU,MBER - November 22nd, 1937 It was moved by Mr. Gwynn, seconded by Mr. Genton and unanimously carried, that the resolution be adopted. ,I The Chairman of the Light Committee presented a proposition of the Florida Power & Light Company whereby additional street lights are to be added, and extensions made to provide ten new light locations for a consideration of $306.00, the price paid by the Light Company for purchase of the whiteway system adjacent to the swimming pool on the beach. Mr. Barton stated the Light Committee considered this a good proposition inasmuch as it entailed no actual outlay by the City, the credit for purchase of whiteway offsetting the cost of extensions. It was accordingly moved by Mr. Barton, seconded by Mr. Genton and on roll call, unani~ously carried that the following resolution be adopted. RESOLUTION 201 BOOK , RE~UESTING AIm AUT"IORIZING FLORIDA PO':iER & LIGHT COMPA.~ TO RESTORE TO SERVICE 15 - 100 CANDLEPO~~ ORB TYPE Cm~ANY ~ m~1ED STREET LIGHTS AND 10 - 100 CANDLEPO'.'iE."'l V'i'.'I'UG Tl'PE COMPANY - mVNED STREET LIGHTS AlJD THEREAFTER fEF:rE THE 8M.ill IN ACCORDANCE WITH T'"nE TER]~S AND CONDITIONS OF TliA'l' CEliTAIN MUNICIPAL STREET LIGh'TUrG AGREEMENT DATED THE 13TH DAY OF SEPTEHBI:R 1937, NOW IN EFFECT BET'.VEEN THE CITY OF DELRi\.Y BEACH, FLORID', AND SAID COMPANY, AND RE- ~UESTING AND AUTHORIZING FLORIDA pmVER & LIGHT COM- PANY TO INSTALL 8- 100 CANDLEPOVIER OHB TYPE COMPANY- OYiNED STREET LIGHTS AT THE CITY'S EXPENSE AND THEREAFTER SERVE THE SA~f.E IN ACCORDL~CE WITH THE SAID 1Q~~CIPAL cmRERT. T.TGH,T_TNG :,GRRT<'JI,r:W.NT' etc o~ ~rn"'ToJ:rowlI'lg Ol'lfTI1arrce waf! presented and read in full: ORDINANCE 202 BOOK 4 l-\. '>,' A."J ORDINANCE OF THE CITY OF DELRAY BEACH IN PALM BEACH COUNTY, FLOlUDA, PROVIDING POLICE REGUL.4.TION::: RELATIVE TO 1NEIGHTS AND :,I!EASURES j PROVIDING TlL'\.T IT SHALL BE UNLAWFUL FOR ANY PERSON, FIRM OR CORPOEATION TO MISREPRESENT THE WEIGHT OR MEASUREMENT OF ANY Q,UANTITY OF ,4.NY ARTICLES, GOODS, WARES, COWftODITIES OR MERCHANDISE SOLD on DELrlERED OR OFFERED FOR, DELIVERY OR OFFERED FOR SALE OR DISPLAYED WITHIN SAID CITY: REQUIRING EVERY PERSON, FIRM OR CORPORATION ENGAC1ED IN THE snE OF THE SAI>,ffi WHEN SOLD OR OFnRED FOR SALE IN PACKAGES TO CAUSE EACH SUCH PACKAGE TO BE DISTINCTLY LABELLED SHOWING THE CONTE~~S OF SAID PACKAGE AND THE EXACT VlEIGHT OR MEASURE- MENT THEREOF; MAKING IT UNL'\.WFIJL TO SELL OR OFFER FOR SALE ANY FIF.EWOOD, MUCK, SA."JD 811 COUNCIL CHAMBER - November 22nd, 1937 OR ROCK IN ANY OTHER MANNER THAN BY CUBICAL MEl\.SURES AND PROVIDING REGUI,~TIONS FOR THE SALE THEREOF; AUTHORIZING, ID,WOWERING AND DIRECTING THE SEALER OF ~~IGHTS (CHIEF OF POLICE) TO SEIZJj:,:FOR USE AS EVIDENCE WITHOUT WARRANT ANY PACKl..GED ARTICLE, GOODS, WARES, COM1~ODITIES OR Mlli!{CF~~NDISE OFFERED FOR SALE OR DISPLAYED IN VIOLATION OF THIS ORDINANCE; DEFINING THE TER~S USED IN THIS ORDINANCE; FIXING PENALTIES FOR THE VIOLATION OF ,,'AID ORDINANCE; REPEALING ALL ORDINANCES AND PARTS OF ORDINANCES IN CONFLICT HER~lrrTH ~ FOR OTHER PURPOSES. It was moved by Mr. Wodischek, seconded by Mr. Barton and on roll call, unanimously carried, that said ordinance be passed on its first reading; It was moved by Mr. WOdischek, that. the fpllow- ing resolution be adopted, authorizing the City Clerk to foreclose City Tax Certificates held by the City on the Atkinson property. ~~AS, the City Council has determined that it is for the best interests of the City to collect its delinquent tax liens outstanding against the following described property, to-wit: Lot Two (2), less the East Three feet (E. 3') thereof, and all of Lots Three (3) and Four (4) of Block Sixty-nine (69), Delray Beach, Florida; /" ~,.J and WHEREAS, Section 109 of the Charter Act of the City provides upon the adoption of a resolution instructing the City Tax Collector to deliver anyone or more tax lien certificates owned by the City and in the custody of said Collector to the City Attorney for collection, said city Attorney upon receipt of such tax sale certificates shall proceed to foreclose said liens in accordance with the provisions of the City Charter Act. Now, THEREFORE, Be It Resolved: Section 1. That the City Tax Collector is hereby instructed to deliver to the City Attorney all tax sale certificates owned by the City, and in custody of the Tax COllector, outstanding against the following described real estate, to-wit: All of Lot Two (2), less the East Three feet (E.3') and all of Lots Three (3) and Four (4) Block Sixty-nine (69) Delray Beach, Florida; 8~2 COUNCIL CH~MBER - November 22nd, 1937 \ . so that said tax lien certificates may be fore- closed by the City Attorney. Section 2. That the City Attorney is here- by instructed to instit~te foreclosure proceed- ings for the collection of said tax sale certi- ficates, when delivered, to him, by the City Tax Collector, in accordance with the provisions of the 1937 City Charter Act. Passed and adopted by the City Council at its regular meeting NovembAr 22nd, 1937. NJ. Barton seconded the motion, and on roll call, the vote was unanimous, and the motion was declared carried. ;L . By motion of Mr. Wodischek, seconded by Mr. Barton and unanimously carried, the City Clerk was instructed to cancel City Tax Sale Certificates and improvement liens against Block 52, on which the City acauired both warranty deed and Count~ tax - , deed, said property being par~of the playground project The Clerk asked the Council's instruction regarding advertising the delinQuent tax list of business and improved properties, as previously prepared and presented, by her, to the Council. It was recom~ended that such action be deferred until the newly elected council takes office, after January 1st. It was recommended by the City Attorney that the City, in the Spring, when finances permit, make an offer to settle drainage taxes on the Golf Course property. These taxes, which have not been paid for a number of years, he believed could be settled for a nom~l figure at this time. It was moved by YJ. Genton, seconded by Ntr. Wodischek and unanimously carried that bills numbered 2472 to 2512, having been O.K'd by the Finance Com- mittee, be returned to the Council and ordered paid. The Chairman of the Parks Committee reported that ropes were to be re-installed, the shelters repaired and things generally reconditioned at the beach in preparation for the Winter visitors. Z~ It was regularly moved, seconded and carried that the Clerk's action in paying and cancelling coupons, be Rnproved. , , 8:13 COUNCIL CHA1~BER - November 22nd, 1937 Paid to L'Engle & Shands: 5 coupons due 7/1/36 off bonds 36 to 40 (1923 50,000. General ISBde) @ $30.00 ea 1 coupon due 10/1/35 off bond 151 (1926 900,000. General Issue) (PAID OUT OF TAX CTF. FUND) 11 coupons due 4/1/37 off bonds III to 120,191 (1926 900,000. General Issue) PAID OUT OF SPECIAL ACCOUNT @ $27.50 ea $150.00 27.50 302.50 There being no further business, it was regularly moved, seconded and carried that Council adjourn. ~.~ J ~le~.~~ lIPPROVED, ~ A;J, , preside~~ Council hamber -- "