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12-27-37 Regular 824 COUNCn. CHAMBEIf December 27, 1937 '.....' The Council met in regular sessiOn at 7:30 P.M. with the Mayor, City Attorney and all members of the Council present. The minutes of the regular meeting of December 13th and the special meetings of the 20th and 22nd were approved as read. A communication was received from H.M. Pickering requesting that scrub brush be cleared off at the corners of R.E. Third Avenue and Third and Fourth streets for the safety of motoxists and ped- estrians. It was generally conceded by the Council that many of the street corners needed to be cleared of dense growth constituting traffic hazards at such intersections and it was reported by Mayor Bradshaw that a recently approved F.W.P.A. Beautification project for Delray Beach embraced such a clean-up program. It was stated the project, which called for the appropriation of $2,600.00 by the Federal Government, had been finally approved and details of same would be worked out shortly. In view of this fact, it was moved by Mr. Gwynn, seconded by Mr. Barton and carried unanimously, that action in the matter be deferred until the new Council formed and committee appointments were made for the ensuing year. The following letter from Geo. W. carr, Engineer, certifying to the satisfactory completion of the improvement work on Andrews and Lowry streets and Seabreeze Avenue was read: , December 27, 1937 City of Delray Beach Delray Beach, Fla. Attention of City Council Gentlemen: </ This is to certify that the filling and paving of Andrews Street, Lowry Street and Seabreeze Avenue in the City of Delray Beach, has been completed by Del Mor Farms in accordance with contract signed duly 27t..1937. I therefore, recommend that the im- provement certificates oovering this contract , 825 COUNCIL CHAMBER - December 27. 1937 be delivered to the Contractor. The amount due the contractor as set out in the reso- lutions and ordinance approving the assessment rolls on the abOve named Streets and Avenue is as follows:- Total Amount Due Contractor Andrews Street Lowry Street Sesbreeze Avenue $ 11,327.62 4.397.46 1,831.00 . 17,556.08 Geo. W. Carr It was moved by Mr. Wodischek that Mr. Carr's recommendation be accepted and that the following three resolutions be adopted authorizing the delivery of Certificates of Indebtedness as described therein to the various creditors concerned. RESOLTUION 203 BOOK 4 RESOLUTION AUTHORIZING THE DELIVERy OF SPECIAL ASSESSMENT LIEN CERTIFICATES OF INDEBTEDNESS TO CITY ATTORNEY L C.Y. BYRD, IN PAYMENT FOR LEGAL SERVIcES DONE AND PERJi'ORMED UNDER CONTRACT FOR FILLING, GRADING AND PAVING OF ANDREWS STREET, LOWRY STREET AND SEABREEZE AVENUE. $ 877.81 RESOLUTION 204 BOOK 4 RESOLUTION AUTHBRIZING THE DELIVERY OF SPECIAL ASSESSMENTS LIEN CERTIFICATES OF INDEBTEDNESS TO CITY ENGINEER, GEO. 1f. CARR, IN PAYMENT FOR ENGINEERING SERVICES DONE AND PERlI'ORMED UNDER CONTRACT FOR FILLING, GRADING AND PAVING OF ANDREWS STREET, LOWRY STREET AND SEABREEZE AVENUE. . 1,756.10 '1 RESOLUTION 20::; BOOK 4 RESOLUTION AUTHORIZING THE DELIVERY OF SPECIAL ASSESSMENT LIEN CERTIFICATES 826 ",--, COUNCIL CHAMBER - December 27, 1937 . 'f \.-. OF INDEBTEDNESS TO DEL-MOR FARMS. CONTRACTOR, IN PAYMENT FOR FILLING, GRADING AND PAVING OF ANDREWS STREET. LOWRY STREET AND SEABREEZE AVENUE. 17,556.10 I i I , Mr. Genton seconded the motion, which on roll call, carried unanimously. Geo. Carr personally addressed the Council, asking for an expression of opinion from the members in regard to the amount of work done, and cost inourred, on Gleason Street improvement prior to time work was stopped. This improve~ent was petitioned for and plans and specifications drawn, and preliminary work done, preparatory to letting of contract; then, by request of Mr. Zook, discontinued upon the assurance of Mr. Yeomans, President of Zook Palm Nurseries that his Company would be liable for the extra expense incurred on the Gleason Street portion of the improve- ment. Mr. Carr stated, that since he had no contract with Zook, he looked to the City for adjustment of his engineering fee in this connection. His work on same had practically been completed, he said, except for actual supervision of the grading and paving, had this been done, as originally requested. It was finally moved by Mr. Wodischek that the City Attorney bring the matter to an issue by writing Zook Palm Nurseries requesting settlement of the ~aim amounting to approximately $850.00. The motion was seconded by Mr. Barton and unanimously carried. The following ordinance was presented and read in full: r- " ,> . ~ ORDINANCE 206 BOOK 4 AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, FOR THE CONTROL AND ELIMINATION OF MOSQ.UITOES WITHIN THE TERRITORIAL LIMITS OF THE CITY; AND PRESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE. , .~)' It was moved by Mr. Barton, seconded by Mr. Wodischek and unanimously carried that said ordinance be passed on its first reading. " The to bondholders follows: Clerk reported par-ment of interest in the amount of 111.008.48 as 828 COUNCIL CHAMBER - December 27, 1937 1 making of service installations at various locations in town and it was accordingly recommended that inas- muoh as the City charter provides for the regulation, by the City, of all pUblic utilities, that these com- panies, in future, be required to obtain a permit from the City Clerk's office, showing where all poles and extensions are to be placed. It was further suggested by Councilman Hill that Mr. Baker furnish the City Clerk with an estimate of the damage incurred and that a bill be sent to these companies for same. The gasoline report for November showing consu~ption of 657 gallons of gas, was accepted and ordered filed. The City Attorney reported settlement of the T.B. ~lker suit for $1,512.50, being on a 50% basis, as authorized at previous meeting of the Council. and recommended that the balance of the Sinking Fund be disbursed as soon as possible for purchase of equip- ment as agreed upon. It was accordingly moved by Mr.Wodischek that the City purchase a small concrete mixer priced at approximately $295.00. Mr. Gwynn seconded the motion and on roll call the vote was unan~ imous in favor of the motion and it was declared carried~ The Clerk reported taxes and liens assessed against the Gleason property, viz. Blocks 130 and 138 amounted to $5,484.30, which could be settled in cash at the present time for $1,432.15. and after deducting $282.73 covering assessment of Canal Street, considered uncollectible because of the fact that said street had since been deeded to the Canal Company, it was consid- ered advisable that Mr. Gleason's offer be accepted. It was accordingly moved by Mr. Wodischek that all im- provement liens and all taxes for the year 1933 and prior thereto be cancelled in exchange for deed to a fifteen-foot right-of-way North and South of Blocks 130 and 138 and a twenty-five-foot right-of-way along the West line of Block 130; also deed for a half-interest in the mile of Ocean Boulevard and lands lying East thereof extending a half mile North and a half mile South of Atlantic Avenue. Mr. Gwynn seoonded the motion and on roll oall the vote was as follows: Mr. Barton yes, Mr. Genton yes, Mr. Gwynn yes, Mr. Hill yes and Mr. Wodischek yes. The motion carried. ~ It was further moved by Mr. Wodischek, seconded by Mr. Barton and unanimously carried, on roll call, that the City Attorney be instructed to follow up this latter matter and endeavor to get deeds from the other two heirs for the remaining half interest of this strip of pUblic beach. ~ \j~ 829 COUNCIL CHAMBER - December 27, 1937 " Mr. Clint Moore then addressed the council, asking that it accept in payment of the City's Three Thousand Dollar loan to him, certain of the Certificates of Indebtedness issued for the Andrews street improve- ment work amounting to $ 2,225.02 and the balance $774.98, in cash. This was discussed and it was finally moved by Mr. Gwynn that we accept three certificates, as follows: Certificate No. 6 - Ni Block 161,Teresita Miserocchi Estate Certificate No. 25- Ocean Beach Lot 1 " Certificate No. 24- Ocean Beach Lot 2 " " " tt .. . ... ~ together with a check for $774.98, in settlement of loan to Del-Mor Farms made on dune 9, by the Finance Committee and approved by the City Council December 20, 1937, and owing to the City by~Clint Moore of Del- Mor Farms. The motion was second~d by Mr. Barton and unanimously carried. A request that a skating rink be permitted to locate in the central section of town was presented but owing to general disapproval of the Council,permit. was not granted. It was moved by Mr. Genton, seconded by Mr. Barton and unanimously carried that bills numbered 2558 to 2582 having been O.K'd by the Finance Committee be returned to the Council and ordered paid. Council regularly adjourned. In ~ tr;JC1~ tJ.4wf APPROVED: er I 1