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05-13-35 Regular t ..,. ;.~ ~ . ",.,,,.,~_._.cn~.,.,..,..,,,~,,^",",,,,.~~ 464: COUNCIL CHAMBER May 15, 1935 The, Counoil met in regula.r session at 7:30 P.M.with"themm'- Mayor and all Counoilmen present. The minutes of the regular meeting held April 22nd and the speoial mee.ting of May 3rd were read, and on motions regularly made, setoonded and carried, approved. Mr. E.W. .Taakson, of' Thos. M. Cook &. Co. was present and offe:L"ed a f'ive thousand dollar blook of bonds to the City for a prioe of 27" oants. After disoussion it was moved by Mr. Hill that the Ci"ty plrahasa said bonds, being bonds numbered 5"? Co' to 5,{ 0 of' the 900M 5i,Genenl Improvement ISl;lUEl of' 11325, With all unpaid ooupons attaohed, e30ept Coupons 1 and ~ , for a price of .27 oents flat. Mr. Jaakson agreed to this prioe and Mr. Hill's motion was seoonded by Mr. Johnston and unanimou sly carried on roll oall:.- I I I Mr~ Zook appeared before the Counoil stating tha t the ,. 'I Blank and Zook Nurseries were t'oroed to move about five thousand ,i palms imIJ1ediately, and if too City was interested in buUillge:.ny '. I of these, same oould De purohased oheap1npayment to be alloweil '{ I in taxes or in any way agreeable to the C!ty. Mr. JOhnstoIl mqve<ft' that th1smatterbe referred to the Street ColllIllittee. 'l'ba"motion' whiohwas seoonded by Mr. Hill, oarried unanimously on roll o all , and the Street CoIttm1 ttee agreed to meet with Mr. Zook at 9 :00 o'Olook Friday mo~ing fO~ oonsideration of this matter" Mr. Zook then brGtlght up the matter 01' the half mile whlohthe GOvernment proposes to build along the West ihine of the' Zook Nurseries lIfor proteotion of said property, stating that the same proteotion would be afforded by dredging and widening the oanalthe full width of the right-ot'-way at this point" He stated the GOvernment was willing to use either method, bu t that tbs latte.r would result in a muoh more attraotive shore line as well as making desirable homesites of the Nursery property. In oon- neotion with this, Mr. Zook asked tba t the Counoil wri te him a letter requesting that this be done, stating that the City would assume no responsibility for damage, or otilerwise, in so doing. Fine.1Lly 'i 11 was moved by Mr. Jones that "the Ci ty Attorney, in' con-,;" junotion with the Clerk, write the letter, as requesi;ed, to R.S. Yeomans, Pres. Zook Palm Nurseries and that the f'ollowing resolu- tion be adopted in regard to samEl;. ......,..~.."".~""'''',.,,.,_,!''''l'1'' 465 *' COUNCIL CHAMBER -- May 13, 1935 ~ He solut ion 142 WHEREAS~ Zook Palm Nurseries, Ino., through and by its agent and direotor, C.A.B. Zook, ap];eared be1'ore the City Coun- oil of tl1e~C1t:70f Del!'ay' Beachj"Fluricta,' amt represented--that--.." the Inland Navigatian District, pro-poses to oanstruot and build a dike along the East right-of-way line of the Florida East Coast Canal from Atlantio Avenue in 'frhe City of Del, my Beaoh ( on too north to the s ruth line a:f Seotion 16-45-43,' said pro- posed dike is to be oonstruoted along the west property line of' the ZookPalm NurseI'ies, Ino., as the as:me is looated in the si of Seotion -16.-45-43, lying south 01' Atlantio Avenue, and ..;, J WJ::U!illliAS,the City Counoil a:fter due oonsideration. con- siders the construotion of' suoh a dike along said west prope>rty line to. be abjeotianable because of the faQt that theI'I!!J!;t.;I.:J.,.JJe approximately 125 feet of low land lying between the dike and the waters of the oanal whioh will aocumulate trash, stagnant wate and other objeotionable refuse !)latter whioh will be a menace to the health 0'1' the o.ft izens of the City 0'1" Delray Beaoh,"'and wtl.f!a{l!;AS. Zook PlU.rn NurSeries, Ino'." represents that in the event the City f'iles its objeotion to too oonstruotiono:f' sa:l.d dik:e, that the Inland NaVigation Distriot 0'1' the Fedejral GOvermnent will not oO'nstruotsaid 4ikej but in lieu the,re01" 'will dredge and cause to ?De wi dened. the Flo1':l.da East Goas'\;' canal along the Si of ERid, Section 10; up 1;0 tl1e west property line of ERiC! ZOok Palm Nurseries. Inc., the enUre length af the siOf Seotion 15 from Atlantio Avenue south and will dleposit the sand and other dredged materials on the lands adjaOent and abutting on said oanal lying em the east side thereof, thereby doing away wi th low muok lands V'lhioh breed mosquitoes and sand";'; tUes, and make said land available f'or building sHes. and WEEIlEAS~' Zook Pam NUrseries, Inc., by and through its duly authorized agent and direotor, C.A.B. Zook, has agreed tha~ the Widening af said canal as abOve desoribed, will be done at !11M &Jtpense of other partie s or persons than the Cit Y 01" Delrsy Beaoh. end that the City wUl not be li~ble f'or any .,expense oon- : neoted with said widening of said oanal, nar will the Oity be '1 liable for any danages suffered by any person' or persans due to: I tha dispOSing 0'1' the sand or other dredged materials on 'any pro-., i pertyor pttfperties, whatsoever, and the Federalt GO'1ternnmt Wil~~ proteot by praper bulkhead f'rom erosion ,the street. ~ade, l:t:1Vingl and sidewalk as the S"ame are now qO'nstructed along;U!lantio i , , , .;;, ~ I i ,.. "~"""''''.''':':''''''.''''~''''''''''''--.'''''''''':' ,......."..,.,.,.-" .:"",.-"".~.,.....:~,-.-,." "~'''>''-:''~'.... .. ., ~--~ ! 'I ~ ! 'L ( I' t: , , "V .. .,,. Ii. ,~ , I , I t ! Avenue on the south side, and will also proteot the bridge now I" d! .,noss tho osnsl. tog,thsn .ith it, approaoh.s aad abUttments. \'1' Ji NOW, THEREFORE, BE IT RESOLVED, By the City Counoil of '. " ' the City of Del,my Beaeh, Florida"tlJ.at".~i t doe s bereby,._pro.t.a.lI.1i. ., i and objeot to the oonst:!motion 0:1" the dike along the east right of-way line of the Florida East Coast Canal as is rtO'R proposed; and that the said ZOok Palm Nurserie s, Ino., are hereby request, ed by the City Counoil not to have oonstruoted along said right of-way land said proposea dike, but in !lieu thereof. to have th oanal widened its entire width on the east side from Atlantio Avenue on the north to the south line of the si of Section 16":'4 i:naooordanoe 'Ri th the pre amble and the where ase s of this resol tion. COUNCIL CHAMBER- May 13, 1935 ~ The motion was seoonded by Mr. Hill and on roll oall earried un an1lnously. l :1 Mr. Lot L. Smith appeared before the Counoil stating t 1111, several property, owners 'Re,re oonsidering opening up streets ad- :U i jaoent to their, properties but would first like t,o have the a,liIs'm', :,:, anoe of the Counoil that no immediate paving of S'treeta or asse 1iJ'! menta for see was oontempiatech He said all tlEt was desil'ftd';,i at the prflSEtnt time was..to open up these streeta and make them ! I : fairly pasSable.. In order the. t property owner,s migf).t be satis- i, i faotorily assured of the City's intention in regard to this. it; Ii waS' moved bY,Mr. Hill that the fOllowing resoluUon No. 144, Or ~ nanoe Book 4;' be adoplted: mi,"':' 7' :: ;j; l , ' ~ [j' i <I....; ;1. " i} \ ~ WJ;j1!;H~AS; varioulf intereeted property owners have nquEl's ri ed the City Counoil to seoure rigfit-of-waYS for the widen~ng of i'i ~:.::: ;';;:~:i;;:;:~;~;; ;n~~;~~~~:~~~.l~ SrB to .ivs sn" gnant _t~t-..y ..... ton teu that 'h. C1t;t" will foroe 1lnprovements on said streets and calise 1lnprovement I, assessments to be levi&d against their prope,rt~e s. NOW; THEREFORE, BE IT RESOLVED, By the City Council of the Ci~ of Del~y Beaof).. Florida, that the C~ty Council goelf 0 E~:?~:E~f:i:~1~i?"~fi~:~~ia~~~:lftr have said street paved 031 improved" and shall agree' to said ..!l paving and improvement, and shall agree to !lave their abutting i 'f' . ~ A ; I ~ I i $ ! !j ~ I, r c ._."",.,....,...",....r.''':':''.......~~~ 467 -', ',./ COUNCIL CHAMBER -- May 13, 193 5 ,~ properties assessed for said improvements. ~, BE IT FURTHER RESOLVED, that to enoourage the w.l.den- ing of streets and the granting of new right-of...ways, the City Counoil will, at the request of any abutting property owners~ oatisE'fthe settihgbf ille,cst'reet" g:f'tHle' tiMeleVation.ol" tl'llr'---'- sidewalk grade and elevation; so that any property owner who desires to pave or improve the S'idewalk or street abutting his property may do so, aooording to the grade and elevation pre- seribed by the City Counoil. BE IT FURTHER RESOLVED, that no street ~v1ng or side- wEllk shall be laid orconstruoted by any ISrson, firm or corpora- tion without S!;lid grade, paving or 13iliewalk Clonstruotion oonform- ing to and in acoordanoe with the speoifioations and requirezoonts presoribed by the City Counoil, whioh speoifioatiOns and reqaire-' zoonts are now on file in the o1'fioe of the City Clerk.. Mr. Gwynn seoonded the motion, whioh on roll call carried unani- mously.. The l"esignation of Sherman Rhoden as manager of De Jray' Beaoh Casino was read by 'trhe Cle:t'k. It was requersted bY'the-... . ..,'.' Mayor that action on 8aZOO be deferred bY' theCc>uiloil uni;il arrange:" lllIl'n ts had been made for the future Stlpervi$'1on of the, pOOl"lxIi;, _ it was moved by Mr.jone s tba t the reSignation be aQceptedf,~.<. Gwynn seoonded the motion, and on roll call the vote was unian:biooe.. . ~ A letter frQli Mrs. Helen M~,C@lowa.:king that the 'City require :firestone Barbeque stand to remOVe signs from the alJ.ey adjacent to her prQperty in Block 117 was read and aftershort/, ,_ discussion it was moved by Mr. JohristO'l1 that the Clerk writ8Mrs;;/ Bender a courteOus letter req\l4Jsting removal of s~id signs... 'Mr. Jones seoonded the motion; whioh on roll oall oarrHid unariimOus.ly..' The following deeds4~~nted by the CJ.erk. 1iere' upon motion o'fMr. Gwynn, seconded by Mr. Hill and unanimously oarried, aocepted at'ld ordere4 Placed on reoord:' i~: B(ltistaotion of Mortgage from Cbas. Carrington &: ,Wife toCi1;y R/w deed from A. Graoe We ir for El~cr PaJ:"t 01' Lot 12. Sec.8. Il/W d\gea from R.S" Yeomans to City :for If 17' of Lot, 17" Seabreeze,Park. R/Wdeed,1'rolllK~M. Davis for the E18t of' plU"t(jt'Lot21~. .. Sec.a~ Blook 10'1. ,.- " 1/350. 11'37'3, R/W from D.'.T. Morrison 1"01' E 5' Lot, I'l; Upon motion of' Mr. Hill, $eoonded by Mr. GWYttnand: unall~IgOusly "i-, 'f 468 COUNCIL CHUffiER - May 13, 1955' :<". oarried, the following resolution number 143, Ordinanoe Book 4; was adopted: RESOIIJTION FOR ADJUSThlENT DELINQUENT TAX SAlE CERTIFICATES. '_7' WW5.H.!!:AS, the City Ccuncil of the City of Delr~y Beaoh, Florida, has been offered Six Hunc1red Sixty Dollars ($6W~00) cash for delinquent Ci1;ytaxes outstanding against Lot13 Six (6) and Seven (7)of Seemiller SubdiVision of Section ~,Town- whip 46 South, Range 43 East, and !ill of Lot four (4), Ea.l'.:lt of Center line of' Seotion and we.s,"\; of' Canal in Seotion 9';;46-43; end . ~ - W~, the above desoribed property, together with other property, was exoluded from the Cityllmit~ of the City of Delray Beaoh by a Special Aot Of the Legislature;' whioh special aot oonta ine d a ref'erendum, and the quQlified voters of the Cit y of Delray Beaoh voted to exolude said land; and w~AS; under the ~neral Laws of the State ot;FlQ~i4ar'" the City of Delray Beaoh hu the eeme po~rs as those C~nt'!ilrre4/" upoJ;j other munioipalities under Seotion 980 inreferenlie/t!!l;"ih,e;\;l;i. . "oare, oustody, sale andredemptic,n of tax sale: certifioatesj'''" insofar as tiley lIl!ty be appl.1able".' and 'J IIW5H1!iAS; the Compiled Genet-al Laws of the State o:t Flori ila underSeoti on :1.006 authorizes "The Clerk of the (.arCl!lit COurt to'select among tax sal,e ,oertifioates, suoh oertifioates";';,; as may appear to be on theirf'aoe to be illegal; vo'idor:1;rnller:-,;/it',; feot beoause of erroneous desoriptions, or other, and to inter- .,'.j. pret said oertifioates 1'01' the purpose of oanoellation~; and WHEREAS, the tax sale oerti:f.'iQates outstandingllgalnst '" the above desoribed property are, in the opinion a.net judgment Of', . the City Cou:no 11 of the City of Delray Beaoh, illegal, void and. . ~pe:rfeot, beoause of the faot that the lands upon whiohsaid ' oe;t"tifioates'Rere lev.ied, ale now beyond the limits ofthe~gi~y of Delray Beaoh and out of the jurisdiction of a:tid City;,~,(l that the City has no. power or authority to f'ol'oe tbs oolle.citi:on <' 01' said, oertifioates; and . """"",';~ Co the ~; ,_ ,';i:/: WHERl!rAS, in the opinion and judgment of the O~ty Coun01i,i, Six Hundred Sixty Dollar ($660.00) cash offer made for said;' ~ ," -' Jt- , ~7 It '" , ~C""''''''':~''-"7'.T''''''')'1".'''''':'''.'~.''V'''''''''''_i""''~ 469 COUNCIL CHll.MB"ER - May 13, 1935 oertifioates and their oanoellation is a fair. reasonable and just offer in view of' the above faots and ciroumstanoes. NOW THEREFORE, BE IT RESOLVED, By the City Counoil of the City of Delray Beaoh, Florida, that the oash of1'er of $660.00 for all outstanding tax sale oerti1'ioate s' against the abovEf" ..-..~,-- desoribed real estate be deliver~d up and oanoelled upon the pay- ment of the said $660.00. BE IT FURTBER RESOLVED, that the aooeptanoe of the above foregoing offer of $660.00 for delinquent tax sale Qerti.., 1'iaates is not deemed to S"et a preoedent for any fUture City' Counoils in the settling of delinquent tax settlelll9nts on property whioh has been exolUded from the City of Delray Beaoh. but that eaoh case shall be considere4 on its merits when and after oom- promise offers for pa:yment of delinquent taxes are made to this City Counoil, or any fUture City Counoil. BE IT FURTF.IER RESOLVED, By the aooeptanoe of this oom- promise offer, that ~he tax sale oertifioates on property 10- aated within the City limits of the City of Delray Beaoh aPe in no wise to !>e affeoted, nor is the aooeptance of this compromise to be deemed in violation of any ordinanoes aff'eoting tax sale. oertifioateswithin the City limits of the City of DelrayBeaOh. as the same now appear. It was ;l(u:rt he l' Iroved by Mr. Hill that this money be plaoed in the,i Street t)iling Fund together with monies cOlleoted by speoial levy, for st:i:'eet Oiling purposes. Mr..Tores seoonded the mot'i.on whiof). , on roll oa~l, oarrie d unanimously. Mr. Gwynn moved that the Clerk be instruoted to advise Dr. Tuoker the total purohase oost of the awning shop propert:r whioh he prOposes to bu:r; inoluding all outstanding Coun1;Y ,end City taxes and speoial assessments. a~so stating that the City would allow him thirty days to olosethe deal in aoCOrdanoe with his standing off'er) to pUrohase. Mr. Johnston seoonded the motion whioh on roll caUt' oarried unanin1ously. 'l'f1e Clerk was instruot~ ed to also advise Dr. Tuoker that the City ball plaoed a prioe of 1;en thousand Dollars on its Ooean Beaoh lot. '!he Clerk brought up the natter ot a new supply of desoriptive booD:Iets for pttb1ioity purposes,fltating tha.t,the o1'1'1Qe 'ssuPP1Y of' same had run out; and des1redthe Counoi:~-'s'" advioe as to ordering more. Mr. Johnston move d that the , Clerk get in touohwi th the publ isb.er in regard to furnishing a ne'R supply, oost of EBme &:0'. fltating that afte:r doj.ng this, it 'Rould be advisable 1:'01' the Counoil to oonfer with Ill9mbers of the . "..~"~....'~';r"o p COUNCIL CHAMBER -- May 13, 1935 ~ Kiwanis G' other Civio organizations to determine what publi- oity lII!l:tter should De inoorporatee in same. Mr. Hill seoO'nded the motion and on roll call, the vote was unanimous::1n favO'r of the motion. Mr. Johnston :reported that he and Mr. Gwynn bad visit"'tl ed the F.E.R.A. offioe in West Palm Beaoh in regard to' "the City's oontemplated sewer project and had Deen informed that: the City WCluld probably be furnished with fifteen laborers for eighi: weeks, and would start about Friday or Monday 01' next ' week. :;;,7; It was stated tll,at numerous complaints we:reooming in regarding the stealing !1:nd ruthless destruction 01' 1'ruit and trees in the City and in oonllEtotion with this, it was menTed'" byMI-. J'ohnston that a warning nO',t1o.e ,be inserted inJ~!).e. Dell'fl.Yr. Beaoh News with a request that owners, being thus annO'yed re- port the names of the offenders to the PO'lice. tmt saie. offend- ers may be dealt with in the munioipal oO'urt. The motion was, seoO'nded by Mr. Hill and en 1'0'11 crall unanimOUSly carried. 'fbe fOllowing appliqations to' work aut water bills were by' motiO'n regularly made, se oonded and oarried allowed,: 'Li ~ ',_ .' ,",. ..;'....;....',. "J q.L. Martin;A:~D. Willis; ,J'as~ F:reelIl!l:n; Wtn:. Robi~son;i :r.E. MoN!l.1r and .T"w.Mereer. The1'C?llowing 1IJ8re not allO'Wed';! by the COUnoil: Lulu Flaglel"', DaVid Simsal1d H. Edmonds. ' I I \- I Mr. H1l.l reported that the Finance Committee; sO' tar ,;1 had no report to' lII!l:ke O'n the ZqningOl'<linanoe, and in oonm oMorii with s~e IllOVed "9he passage of' . the f'O'llOWingl'esolut$onH14l5i'j )1 Ordin~ge Beek 4;' requiring that in the issuance af build1ng* .' permits,the Building Inspeotor oonfenn to' the requiremmts at:' the t;oning orcUn8l1'oe in preoess ot: passage until suoh time as) a11 det~ils and probable changes have been made and the erdi- nance is ready for f'inal passage. . . Delrey Bea:, Ijl::~:~~~ ~ ~~iid~~~~~i~~ :~~ii:~: ,'.., ,I striot qenformi ty to the term8' amI oonditions of the zoning 01'-'; dinanOEl,' a~ the same is now of' recO'rd on the minutes 01' the) ',. ; City,Olerk, as read and paSsed on itll' first readiI;l8 at a' meeting, of' the City Counoil held on the 16th clay of Aprl1.' N.;D;."193&~'",*': BE IT FURTEER RESOLVED; that the City Building Insp~o+ tor"~,,,"ll make a thorough investigatiO'n of, saiq JtOning ard1nance' and;,fs'"hereby instruO'ted and requested to' issue all building' , ,~'.~~-, "t~.""':'''.'~:'''''''''''''~:-''''~7':''''''''!''':''''-"'."''~><''''::''''''~-'''''':''-~''' .-.~."""-" ,. .-:,^~....,,,,,, .. " ":....'c'_,:.,.~._'''''''~<~.-'''''.''\',...''''''''~-~'~1' ':lT1 ..--...;., \,) . COUlfCIL CHAMBER - May 13, 1935 .'to permits in aooordance with said zoning ordinanoe and refuse to grant any bttilding permits which do not oonform to the zoning ordinance and report hisaotions in the granting or re:f.'using of building permits, to the City Council in regular or speoial sewsion. .,__n_ Mr. Johnston seoonded the motion, whioh on roll oall oarried unanimously, '~7 Mr. Foote reported briefly on the approximate oost of providing a twenty foot right 01' way over AncIrews Street.. This was di80ussed briefly, but it' was deemed unnecessary for the City to rook the. street at the present time. It was IIDvedby Mr. Johnston however, that the Street Committee be authorized,>to set the grade on North Andrews Avanue for the benefit 01' anyone: : w1shing .to. build their own stteet. ~. Hill~oonded the m()t;1()n,iL'\ whioh on roll call oarried unanimously. ' , , Mr. FOQte brought up the mattli'r of reducing the oost of, plumbing permit8. The matter WaS d!sClUB8ed br1e1'lY but' no..d~10n taken.. Mr'. Dewey Parker, who was present, Btatedthat the oharges ' for 8ame were in line with other oi ties. He also statedtliat;;,,1iiola... tions of the plumbing or,d.inanoewe:l.'e beingJ?erm:ttted and~!&);~'l . lieensed pl.umbers and om61'S of property should be proteoted iI;l: suoli vio1a.t10ns. ,At'!IIe7! some disouss:ion; itwa8 moved l)y Mr.;rohnstCl:lt~J that tha p1tunb:tng inspeotor and lioensedplumbers, having knowledge at suoh violations be requested ta make complaint in writing, to " the City ClerR;~ said oomplaints to be turned over to the Sanitary: CoInm:l.ti;eef'or necessary aotion,and regulation. Mr. Hill8eOQnded; the motion; whioh on roll call, car:L"ied unanimous;ly. ,It wasmoveil by Mr.. .ToI:l.nston that bil,lS l).umbered 671 to 692.' having been O.K.'4 by the Finanoe Committee, be, returned to the Counoil and ordered paid. ' It was suggested by Mr..Foote that the Park Committee hire sorraone to take Sherman Rhoden's place as manager of the SWimmi:ng! Pool tempo mrily until suoil time alll a permanent manager is<appoin"!;;,. ed. Mr,. J'oI:l.nsilon statal! Wilbur HlUlenbeok would be hired ilo:rif:tlk the temporary vaeanoy. ' 1 There being not'urther ~1Illsiness, it was regUlarly moved, seoonded and, oarried that COlIno il adjou:t'lH .1M..~ w. ~~ ., City. lerk. APPROVED: v,'i 0, (J. /1~ Presid$n:1i o:f' theCounoil. .