06-11-34 Regular
COUNCIL CHUffiER
June 11th, 1934.
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The Council met in :regular sesslon at 7:30 P. M. with the
Mayor and the following members present. Mr. Foote, Mr. Hll1'and
Mr. Johnston, Mr. Diggans and Mr. Gracey were absent. Mr. Johnston
was elected Chairman Pro Tem, in the absence of Mr. Diggans.
The minutes of the meeting of May 28th were :read and
approved.
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The application :eor WldOw's exemptlon of Mrs. May cO,9k,,';f<l\'\,d
duly approved by the Finance Committee, was upon motlon ot Mr.' '. ". '1"'1;
Foote, seconded by Mr. Hlll and unanimously carried, allowed.
A communication from the Central Farmers Bank with
reference to detaching maturing coupons on the $10,000 U. S.
3 3/8% Treasury Bonds held by the City as collateral for their.
deposlts was read, and the Clerk was authorized to oall and take
oare of this matter.
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A letter dated May 28th regarding the AJI8rican-LaFranQ~ .
fire englne note due December 31st was read, and upon recomme,nda~
tian of the Finance Committee It was moved by Mr. Hill tMat this
note be paid in accord with offer made In said letter, vb;. that
a check for $1,000 be sent now and our account be credlted wlth'
$1,079.21; the balance aIOO\lnting to $1,000 to be sent wlth1n,the
next thirty or sixty days. The motion was seconded by Mr. Foote
and on roll call the vote was as follows: Mr. Foote yes, Mr..
Hill yes, Mr. Johnston yes.
The Florida Power & Light Canpany's new rate schedules
were presented and ordered filed. Mr. Johnston stated that this
new rat 1ng enable d the Cl ty to im rease the stree t lightst:l.1'ty
per cent at no added cost and stated slso that the Light Commlttee
was worklng up a plan of distribution for these addltlonal
lights.
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Notices from the Lake Worth Drainage Dlstrlct, advising
that delinquent dralnage taxes may be paid off in part wlth'bC!>nd&'r!;;~;lt'!!
were turned over to the Finance Comml ttee for- advlce from the '.$( .
Clty Attorney';,l~
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A reply was read 1'rom Mr. Joon W. Hall with reference to
alle@ied over-credlt allowed for delinquent taxes, on his bOlld .;;,
account, and upon recommendatlcn of the City Att<;1rney this~~teit:;..'
was re1'erred llack to the Tax Collector and Auditor with 1nst:l.'u.otiOn~:r
tJ1$.t~l.Ir. Hall be 1'urnished withccmplete stat$el!l't O:f'Said;pl>nd;;S;;!~;
er:dit account as :requested in his letter.'::r
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Council Chamber - June 11th, 1934.
Mr. Grover Baker apreared before the Councl1 in behalf
of the American Legion with a written request for special permit
to sell fire works withln the City Limits on June 29th, 30th,
JUly 2nd, 3rd and 4th, 1934.
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Mr. Foote moved that the Arrerican Legion be granted this
special privilege, and that the license fee be waived In consider-
ation of service rendered the Community by this organization, pro-
vided said fireworks are sold in accordance with the thlrd para-
graph of said request, which reads as follows: "If this spe<riai--
perml t is gran ted to the AIDer ican Legi on, we will carry out sald
permit in strict compliance with the Fire Chlef's instructions,
and it is our plan to have three booths, pIlJperly supervised; and
will only dispose of such fire works as Mr. Cook, the fire chlef,
deems proper under the Fire Ordinance. We will place said booths
on vacant lots so that they will not create any fire hazard on
any mercan tile establlshment, business or any homes. We further
pIe dge to con duc t the sale of sai d fire wo rks In such a manner
so that the same will not be detrimental to the City or its
cltizens, property or property rights." After some discussion
Mr, Foote amended his motion by adding that this prlvilege, with
the same restrictions, be granted anyone who pays a regular
occupational llcense. Mr. Hl1l seconded the motion, and on roll
call the vote was as follows: Mr. Foote yes, Mr. Hill yes, Mr.
Johnston no. Carried.
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Mr. Johnston stated the American Leglon and Klwanis
Club, in connection with their beautification program, had re.-
quested the services of the Fire Ch:le f wlth tank for watering
purposes on the following Thursday ai'ternoon. Mr. Foote prornl11e.Q
to see that same was available at that tlme. .
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Mr. Byrd reported that easement deed to the Florida
Power & Light Company on Ocean Beach Lot 15 had been duly execut~a)
and filed with the Clerk.
In 'thematter of personal tax Mr. Byrd advlsed that the
Florida Constitution allowed five hundred dollars personal prOperty
exemptlon to all property cmners, and that this sllnould be taken
into consideration in making future personal tax assessments.
In the matter of the Hell llI3.ndamus suit, he reported
that Mr. Hall's attorney had submitted a canpromise adjustment in,
settlement of suit, and that the IlBtter was now pending until he
could submit same to the Finance Committee and Bonding Company to
see if said compromise was acceptable to all conesrned.
property ~;~ ~:~~a:~:t~~i~~:~ ~; ;;:paner:~s~:r~r~~r h~~e p;~;:ri~1'~6ft'
levy for unpaid personal taxes, after which such personal taxes
would have to be advertised and bill of sale Issued for same.
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At the request of the Mayor, the City Attorney said he
had written the Trust Company of Florida regardlng personal prop-
erty tax on t:heAlterep and Casa ~l Hey Hotels, and that these
people desired sOlll3 canpromise on same. The Council was of the
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Council Chamber - June 11th, 1934.
opinion that the reduction made possible by paying back years
with bonds was as good a proposition as they wished to make on
these delinquent taxes.
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Owing to his own absence from the City last week, and
the absence of the Chairman of the Ordinance Committee, Mr. Byrd
sald he had been unable to complete all the thi~~s assigned to
him, but would have same by the next regular meeting. Such as
the matter of the dog ordinance, fees for police warrants and
sldewalkbond. He also asked Mr. Barton to li st bonds turne'd-.in'c,.,,-
for payment of dellnquent taxes, which he said should be presented
at the next meeting of the Council for cancellation or such action
as they deem necessary.
The Fire Chief presented application No. 227 from Vlncent
Glardano for permission to move a house from outside the City,
limlts to his property in BlOCk 117. Mr. Foote moved that this
perm:l:t be granted provided the house is placed a least five feet
from the property line of Lot 2S, or that the permit be given to
'include both Lots 21 and 22 and t hat the shingle d roof be recovered
with some fireproof roofing materiaL The mot 10n was seconded by
Mr. Hill and on roll call unanimously carried.
lunch
made,
Application No. 230 of Leroy Stokes for
and beer stand on his lot in Block 21, was
seconded and carried, granted.
erection of a
upon mot ion duly
The passage of the Water Ordinance recently submitted by
petition was discussed, the Mayor urging the Council to take"
action on same. Mr. Foote stated that inasmuch as he bellevea
the passage of said ordinance would be detrimental to the intere13ts
of the City and the taxpayers, he di d not care to take the Ini tla,-
tive in passage of same; but that if someone else wanted to man- '
damus the City to force its passage, tll3 responsibility would rest
wi th them.
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Other members of the,audlence expressed their views on,
the propesed ordimnce. Mr. Jacobs recommended that before any
action be taken or substitute ordinance presented, that a thorough
Investigatlon of the water plant situation be made and that the
auditor make up a statement showing the exact standing of same,
Its earnings, cost of operation, depreciation etc. Thls, Mr.
Wlnn agreed to do.
A letter from Mr. R. C. Alley of the Palm Beach Company
stating they would be willing to redeem a $1,000 bond prior to
maturlty was read and ordered filed.
Mr. Hill reported he had Interviewed Mrs. Carrington With
a vlew to settlement of City's note whlch she holds. He stated she
refused to accept less than the face value of said note but was
Willing to take half tl:e interest due on same, whlch would amount
to ad't1ng of approaimately $8.00 to the 01ty. The Chairman .....1"
sugg~$cted that said report be received and the matter laid over for _
act$~.t.until the next me e1i1ngof the Cwnc il.
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Council Chamber - June 11th, 1934.
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Mr. Johnston stated that the present cost of white-way
posts was $5.00 each Without cable but that he had been able to
secure ten, including cable, ~or $5.50 which he considered a
bll!rBain, and requested that bill fur $55.0lll covering same be
approved, upon which Mr. Foote moved that said bill be approved
provlded bill of sale was furnished by Mr. Wm. J. Webb the vendor.
Mr. Hill seconded the. motion-and en roll call the vote was as
follows: Mr. Foote ye.'s, Mr. Hill yes, Mr. Johnston yes.
Mr. Foote stated that certaln resldents on the South
Federal Highway were ccmplaining o~ the condition of the sidewalk
between Atlantic Avenue and S. E. First Street, part of which Is
considerably lower than the highway and consequently covered ankle-
deep in water during the rainy weather. Estimates had been
obtained from Mr. Simmons for the re-laling o~ that sectlon of
sidewalk as follows: On the West slde '204.iO, on the East slde
$206.95 and for the alley South o~ Firestone Service Stores $lS.OO.
The property owners were wllllng to pay partly for this sldewe:lk
provlded the Cl ty would assume some o~ the expense. Mr. Foote
desired to know iIlf the Ci ty would do this am what proportlon the
Council felt the Clty should assume. It was the opinion of the
other Jl8mbers that the Ci ty would assume half of this expense and .
Mr. Foote was authorized to proceed on this basls wlth estimates
of the work. _
Mr. Foote suggested the removal o~ the plne tree st~4trtg
at the Southeast corner o~ the Clty Hall, stating that It wa~~
hazard to the property In tlme o~ storms, and Mr. Hill moved tliat
Mr. Foote be appointed a committee of one to see that the same be
taken out and replaced by a paJm tree. Mr. Foote lieconded the
motion which carried unanimously.
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Mr. Hill advlsed that he had received a blnder from Mr.
C. J. Williamson on the Clty's house on S. E. Third Avenue,where
upon the following resolution was upon motion duly made, seconded
and carried, ordered adopted:
BE IT RESOLVED by the Clty Counc:il. of the clty of Delray Y '1
Beach, Florlda, that the recommendatlon of the Finance Committee
for the sale of Lot /S Block 6, OSCeola Park, Clty of Delray Beach,
Foorlda, to C. J. Williamson for the purchase price of Two Htmdre'd
Dollars ($200.00) be accepted and apprOV"ed.
BE IT FURTHER RESOLVED, that sald sale of the above
described real estate be rrade subject to all unpald municipal
taxes and assessments; also SUbject to all State, County and" ' "\"""".,0,~"
Gover1'lJl8ntal taxes and assessments; and is conveyed wi thoutabstract;
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BE IT FURTHER RESOLVED that the Mayor and, the Clty Clerk
are hereby authorlzed and instructed to execute a special warran'lfy
d.....e......e...d....ln the n. ame of th...lI.e.,..,.'~' Oi ty o~ Delray Beach, Flor ida,con.Te...Yin.B. .
sl;l.;iid real estate to t.sa1d C. J. Williamson for the cash ,consid",
e~8.tion of Two Hundred Dollars ($200.00) said cash eonslderl;l..t1on
~~'inB the highest and best bid made for sald propert~a.fterdue
,~",g9nsidera tion. ''(<,
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Council Chamber - Jure 11th, 1934.
The City Attorney advised that he had had the zonlng
ordinance re-written and prepared for presentation to the Council
but a map of the City was needed to go with It. It was regularly
moved, seconded and carried that the rratter of the zoning ordinance
be lald over, to the taken up at a special meeting for that
particular purpose. next Monday night, June 18th.
Presentation of the bills was laid over untl1 next meetlng
of the Council OWing to an absence of the majority of the Flnance
Commi ttee .
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There being no further business the meeting adjourned to
meet In special session Monday, June 18th, 1934, at 7:30 P. M.
Ci ty lerk.
APPROVED:
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