12-13-37 Regular
81-6
COUNCIL CHAMBER
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Deoember 13, 1937
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The Counoil met in regular session at 7:30
P.M. with the Mayor, City Attorney and all members
ot the Counoil present.
The minutes ot the regular meeting ot Nov-
ember 22nd and the speoial meetings ot Deoember 6th
and 8th were approved as read.
A letter was read trom Zook Palm Nurseries,
Ino. in whioh objeotion was raised to the removal,
by the City, of muok and marl from Watson street
right:"ot-way and,adjaoent property belonging to Mr.
Zook. Mr. John Adams, representing the oomplainant,
said his olient asked that there be no further
removal of dirt and stated he expeoted reimbursement
for damage done thereby. The City fngineer reported
apprOXimately 100 or 125 ou yds. of-soil had been
removed b~t in so doing he oonsidered it had benefited
the property inasmuch as it had tended to drain the
mosquitO-breeding potholes in thativicinity. It was
finally moved py'~Mr. Gwynn that Mr. Adams notity his
olient that~~urtner spoil would be stopped and that
he enquire as to the amount of damage remuneration
he considered due him. Mr. Wodischek seoonded the
motion, whioh carried unanimously.
A letter from Lake Worth Federal Savings
and Loan Association with reterenoe to investing City
monies in share accounts ot said oompany was read by
the Clerk. The City Attorney said he was unable te
reconcile the new law provided by Chapter 17905
page 400, ot the 1937 Special Acts with Seotion 10
Artiole 9 ot the Constitution and tor that reason
was ot the opinion that the new Statute was unoonst-
itutional.
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Mr. Dee and R.S. Erskine, representatives
ot the association turther explained the workings ot
the organization and said that the Federal Gover~ent
was authorized to subsoribe three shares to eao~one
ot the Association, and that tor every dollar tiaken
out ot Delray Beaoh, two dollars would be loaned in
this City tOr construotion ot new homes and buildings.
This, they considered, would benetit the City by stim-
ulating building and giving employment to the trades,
beside. paying 4~ on such investments, whereas City
accounts draw no interest in the banks.
81-8
COUNCIL CHAMBER - December l3, 1937
ORDINAECE 312 BOOK 4
AN ORDINANCE OF THE CITY OF DELRAY BEACH
IN PALM BEACH COUNTY, FLORIDA, PROVIDING
POLICE REGULATIONS RELATIVE TO WEIGHTS
AND MEASURES; PROVIDING THAT IT SHALL BE
UNLAWFUL FOR ANY PERSON, FIRM OR CORPORATION
TO MISREPRESENT THE WEIGHT OR MEASUREMENT
OF ANY Q.UANTITY OF ANY ARTICLES, GOODS,
WARES, COMMODITIES OR MERCHANDISE SOLD
OR DELIVERED OR OFFERED FOR DELlv.J:<;j{Y OR
OFFERED FOR SALE OR DISPLAYED WITHIN SAID
CITY; REQ.UIRING EVERY PERSON, FIRM OR
CORPORATION ENGAGED IN THE SALE OF THE
SAME WHEN SOLD OR OF.l!'J!a{I!;D FOR SALE IN
PACKAGES TO CAUSE EACH SUCH PACKAGE TO
BE DISTINCTLY LABELLED SHOWING THE CONTENTS
OF SAID PACKAGE AND THE EXACT mIGHT OR
MEASURl!MENT THEREOF; MAKING IT UNLAWFUL
TO SELL OR OFFER FOR SALE ANY FlREWClOD,
MUCK, SAND, OR ROCK IN ANY OTHER MANNER
THAN BY CUBICAL MEASURES AND PROVIDING REG~
ULATIONS FOR SALE THEREOF; AUTHORIZING,
EMPOWERING AND DIRECTING THE SEALER OF
WEIGHTS (CHIEF OF POLICE) TO SEIZE FOR USE
AS EVIDENCE WITHOUT WARRANT ANY PACKAGED
ARTICLE, GOODS, WARES, COMMODITIES OR
MERCHANDISE OFFERED FOR SALE OR DISPLAYED
IN VIOLATION OF THIS ORDINANCE; DEFINING
THE TERMS USED IN THIS ORDINANCE; FIXING
PENALTIES FOR THE VIOLATION OF SAID ORD-
INANCE; REPEALING ALL ORDINANCES AND PARTS
OF ORDINANCES IN CONFLICT HEREWITH AND
FOR OTHER PURPOSES.
The ordinance having been read in tull the second
time, it was moved by Mr. Genton, seconded by Mr.
Gwynn and unanimously carried that same be adopted
on its second reading and tinal passage.
Mr. Cromer reported that property owners
on the East side ot the Federal Highway had all
deposited money tor the raising ot the side-walk
as previously requested by Mr. Giardano and that
these two owners had detinitely agreed to pay their
share ot the cost upon oompletion. It was there tore
mo~ed by Mr. Wodischek that the Street Committee
be empowered to act, and have the work done im-
mediately. Mr. Gwynn seoonded the motion, whioh
carried unanimously.
Mr. Hill reported that Matt Gracey was
going to start planting palms on streets ot his
subdivision, East ot the Canal, and wished to know
detinitely it the City would water these two or t~"n
81-9
COUNCIL CHAMBER - December 13th, 1937
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times until the dirt was firmly set around the
roots ot the trees. It. was moved by Mr. Barton,
seconded by Mr. Genton and unanimously carried that
the City water same as otten as necessary to
accomplish this purpose.
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A letter was read trom the City Attor~
in which he advised that T.B. Walker was anxious to
compromise Common Law Suit No. 7939 with the City,
and would surrender aocrued.interest ooupons amount-
ing to approximately $3,025.00, attached to bonds
involved in said suit tor the sum ot $1,512.50,
being on a titty percent settlement basis. Atter
conferring wi th Mr. Kearley and Mr. L 'Engle, Mr. Byrd
stated he recommended that this compromise be
aocepted. After discussion, Mr. Wodisch~k moved
that the Mayor and City Clerk be authorized to sign
a warrant tor the payment ot $1,512.500 in exchange
tor $3,025.00 worth ot coupons, and the City Attorney
enter into a stipulation tor the dismissal mY the
said T.B. WIker case, Mr. Barton seoonded the
motion and en roll call the vote was unanimous and
the motion was declared carried.
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It was turther moved by Mr. Wodischek,
seoonded by Mr. Barton, and on roll call unanimously
carried, that the Mayor and City Clerk be authorized
to invest the remaining .930.25~he Sinking Fund,
in a street oiler and oonorete mixer, equipment
badly needed by the Street department.
Counoilman Genton brought to the City
Attorney's attention the application of M.S. Burd
tor tax deed to Ooean Beach Lots 17,18 and Ni ot 19
lying East ot the Boulevard. Inasmuoh as this is
dedicated City property.Mr. Byrd agreed tolQo~
into the matter and tor~tall the issuance ot tax
deed to a private individual.
It was moved by Mr. Genton, seconded by
Mr. Wodisohek and unanimously carried that hills
numbered 2512 to 2557, having been O.K'd by the
Finance Cmmmittee, be returned to the Counoil and
ordered paid.
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It was regularly moved, seoonded and oarried
that Counoil adjourn.
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APPRO
Chamber
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