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06-25-34 Regular 339 . r , I , COUNCILCF..AMBER June 25th, 1934. *.- ~, The Council met in regular session at 7:30 P. M. wlth the Mayor and all members of the Council present. The minutes of the meetings held June 11th and June 18th were read and approved. Mr. Joyce, representing the State Liquidator for the Alterep and Casa Del Rey Hotels, came before the Council requesting that interest and fees be thrown off in the payrrent of delinquent personal taxes on said hotels. The Council was of the oplnion that the reduction made possible by paying part of these taxes with bonds was as #ood a proposi tion as they were prepared to make. They stated that any fUrther adjustment would create a precedent and other tax payers would be due the same consideration. Mr. Gracey moved that the matter be illrned o:Ver to the Finance Committee for recolllllEndation at next meeting, and that Mr. Joyce be notified as to the Counc il' s action at the tlme. Mr. Foote seconded the '. motion which carried unanimously. , ( ':, 'i \ ( " Mr. McCready, District Sanitary Officer of the State Board of Health, and Mr. Robb, Bupervisior of F.E.R.A. Health projects addressed the Council, outlining a plan Whereby they proposed to replace unsanitary toilets with standard privies of approved deslgn by F.E.R.A. labor under the State's supervision for approximately $5.00 each. They desired to know if the City Would appropriate a fund for erection or the first of these, which they proposed to sell, the money from such sales to re turned back into said fund, thus creating a revolving fund for operation or this proposed heal th project. It was stated tl:B.t a fund 01'$40.00 had already been appropriated for such 'AOrk on February 12th, and Mr. Foote moved that the City cooperate with Mr. McCready in thls work, provlding collections from property owners for sale of privles be made:l,>y,.the State Health Department. Mr. Johnston seconded the motion w1ir~]jR' carried unanim.ously. ""A.:4:-~ ~ ~ ~ ., -~ ~ ~ f! '\ Mr. Senior of the Florida Power & Llght Company presented the new water pumplng e~tract, whieh upon motlan of Mr. Foote was tm:ned over to the Flna.nce Committee, the Oi ty Attorney and the',' Superintendent of Public Utillties w.ith power to act. The motion was seconded by Mr. Johns ton and carrie d unanimously. Upon motion of Mr. Gracey, seconded by Mr. Johnston and unanimously carried the new street light 1ng contract was referred to the Street Llghting COlllD1ittee for action. In the matter of the pending HaJ.lmandamus suit, Hill, ...,;~ 340 , Council Chamber - ~une 25th, 1934. Chairman of the Finance Committee, moved the admptlon of the following resolution: BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA That Common Law Case No. 7485, filed by E. C. Hall versus LeRoy Diggans, et al., City Councilmen, be compromlsed by the City Attorney on the following basis, to-wit: That $450.00 of the money collected for payment of interest and bonds be pald the attorney of record for E.C.Hall, ahd that the $5,000 personal promissory note of the said E. C. Hall be surrendered and cancelled to the said attorney of record for E. o. Hall, in exchange for the 1'0 Howing described intere st coupons: + " ( Interest coupons of Improvement Bonds dated April 1st, 1926, descrlbed as follows: Coupon DATE Amt. pd. Aggregate No. DUE Bond Numbers Per Coupon Ba1 Due. No. of A.rnt. Coupons 7 10-1-29 848/85ela53~ 85t 8 4/l/3o 8491850.'853.854 9 lo/l/30 848/8ID.855.H54 10 4/l/3l 8491850,853,854 11 lo/1/3~ 848/850 ,~53 ,854 l2 4/1/32 848/850:'853,854 l3 10/1/32 17'7,179,180 l4 4/1/33 177,179.180, 8481800 .853 85~ 15 1011/33 l7"~179,~~O~ 16 4/1134 848.(850,853,854 l77,180 $27.50 9.00 92.50 5 5 5 5 5 5 3 8 3 ., ,1 92.50 llJ7.50 l37~50 157.50 137.EiO 82~50 2.20;00 .2.50 192.50 9.00 27.50 27.50 27.50 2'7.50 27.50 2'7 . 50 27.50 $27.50 $2'7 .50 ,~';. ,<.t ',iI, \ 1 i I I \ ~:'~ 1 , .f , 82.,50 ". . 82.50."J dlsmissalf' I "--- ---- ---- , ---- --- t, Interest coupons of ImproveJl8nt Bonds dated March 1st; 1927, described as follows: $27.50 13 971/3300;'ll,'Z4 $27.50 l4 3/1/34 00,'71,74 5 3 ---- ---.... -.: aggregating the sum of $1,477.00, and also an order for the of sald pendl!€ sui t. ?, And that special attorney's fee due the City Attorney of ,t the City of De1ray Beach be pald from said Interest and bond accoont,';i'1 for representing the Clty In thi s sul tj in the filing of demurer, i answer and attending hearings in said case.; And that the balance of the monles collected for the pay- ~nt of said coupons in accordance with the ordinance levying a spec- lal millage for said purpoBe, be paid to S. C. Kearley, a1;t9J:-ney..for bond holders committee, upon the presentation, surrender and cance1l- -i atiol1 of the proper Interest coupons, and the alJl;ount of. nOVl".on", " -, ~, 341 $:' Council Chamber - June 25th, 1934. deposit in said bond and interest account; and that the Mayor and City Treasurer are hereby authorized and instructed to sign the necessary checks or vouchers for the carrying into effect of this motion. , \ The motion was seconded by Mr. Gracey and on roll call the vote was as follows: Mr. Diggans ye s, Mr. Foote yes, Mr. Hill;: yes, Mr. Gracey yes, Mr. Johnston passed. Carrled. Mr. Byrd advised that a block of the above mentioned bollIs amounting to'$6,000 was available at fifteen cents if the City wanted to buy them. As the City was out of bonds and had none avallable for taxpayers Mr. Foote stated he was In favor of this purchase but Objected to such purchase being cmsidered as establishing a price of fifteen cents for bonds, as the Clty was desirous of purchaslng for less than that price. On IlDtlon of Mr. Johnston, it was moved that the folloWing resolution be adopted With reference to the purchase of this block of bonds. , , ., \ ' " BE IT RESOLVED BY mE CITY COUFCIL OF THE CITY OF DELRAY BEACH, FLORIDA: " Dated 3/1/27: D1JE: COUPONS ATTACHED: 1M - No. 74 3/1/34 March '33 SCA C Da ted 4/1/26: 1 M- No. 848 4/1/55 Oct. '34 SCA LM - No. 849V 4/1/55 Oct. '34 SCA 1M - No. 850 41/155 Oct. '34 SCA 1M - No. 853 4/1/55 Oct. 134 Sl1A 1M - No. 854 '(/ 4/1/55 Oct. '34 SCA (. at a prlce of $900.00, same be ihg fi l' teen (15) cents flat, and 'JIhat the City purchase from Naeco Realty Company, S,ix Thousand Dollars worth of City of Delray Beach 5t% Improvement Bonds, being more particularly described as follows: I I , ~ BE IT FURTHER RESOLVED, That said bonds be purchased from funds on deposit in tbe Savings Sinking Fund, and BE IT FURTHER RESOLVED, that said bonds when purchased be deposited with the City Clerk for the epxress purpose of selling said bonds to tax payers at fifteen cents flat for payment of delinquent City Taxes, in pursuance and in accordance with the Ordinances of the City, and BE IT FURTHER RESOLVED, that all money recelved from the. sale of said bonds be redeposited in said Savings Sinking Fund. .,2;' . 342 . , COUNCIL CHAMBER - June 25th, 1934. The motion was seconded by Mr. Foote, and on roll call unanimously carried. I, Mr. Byrd reported that the checking of all bonds and coupons in the City Clerk's office was a tremendous job and recom- mended that Mr. Winn be employed on contract fee to tabulate every bond and interest coupon and file wi in the Councll in order that the Clerk llRY be instructed as to action and dlsposition Htobe made of them. Afte~ some discussion i t w~s moved by Mr. FOClj;e, seconded by Mr. Gracey, and unanimously carried that this matter be referred to the Finance Committee for report at next meeting. A letter was read from Le Sueur Gaulden, attorney for B.W. Mi~chell interests, aSKing for exclusion from the limits of the Ci ty of Delray BeliCh of the N. 100' of Government Lot 1 and the No. 100' of Government Lot 2, Tract 1, Section 21. This letter was turned over to the Real Estate and Finance Committee for report and recommendation at the next llFeting. " i>: It was st a ted that several merchants des if'ed to sell fire- works and wanted to be sure that they wcula be permitted to do so before laying in their stock. $:fter a.'somewhat lengthy discussion, during which the Municipal Judge .and other citizens registered objec- tion to the sale and discharge of fireworks, it was moved by Mr. Ol'racey that such sale be ':€rmitted only under the conditions incorporated in the motion passed at the meeting of .Lune 11th In the issuance of permit to the American Legion. Theze fireworks shall be so ld on vacant lot s and 0 n June 29, 30, and July 2, 3, and 4th only. The motion was seconded by Mr. Foote and on roll call unanimously carried. >\'.' Mr. Byrd presented for the Council's consideration, an outline of fees to be charged in the is suance of Police Warrants, stating that an amendment could be made to same whereby fees would revert to the General Fund of the Cl ty instead of to the Cierk and police offlcers. Mr. Johnston moved that thls amendment be made and that thE1..resolution so amended~ be adopted; said resolution' being numbered 117 and flled in ordinance Book No.4. Mr. Foote seconded the motion which carried unanimously. On motio:g of Mr. Johnston, secomed by Mr. Foote and unanimously carried, It was moved that the .1'oIJiow1ing ordinance be read the first tllll!l In full. ~~e.e'711~: lWSo6~flJ:l~Bcm)t;3,A:t:sr Alf'cORDWNCE OF THE CTI'Y COUNCIL OF TilE crTY OF DELYOKAJlENDHIG ~CTION TWO (2) OF THAT CERTAIN ORDINANCE BY THE CITY COUNCIL OF THE CITY OF DELRA.Y BEACH, FLORIDA, PRESORIBING THAT CERTAIN, TAXES I&VI1!lD,.."", BE PAID IN CASH, AND PRESCRIBING THAT CERTAIN OTHER BLINQ,UENTTAXl!:S ~ BE PAID IN BONre OF SAID CITY OF DELRA.Y BACH, FLORIDA, SAI~ ORJ)IN.... ',' 'c~ ANCE HAVING BEEN DULY ADOPTED BY THE CITYOOUNCIL ON THE 26mDA.tOF"dj,~~ FE13RUARY, A.J? 1934; and DECLARING THIS TO l3E :AN EMERGENCY ORDINANCE. '.~ It was moved. seconded and re~larly carried _a;llell call that the ..~ ordlnanee be passed on Its first reading. It w&s moved by Mr, Johnston,' secon,ded by Mr. Foote and unanimously carried that the rulesbe'waived'~ and tbe ordinance be read for th e se cond t imeby caption onlY.T.he.. ....~1~!1~1 . ", '...-:?:~'h1l-ib.lfi'vt'l :-",:.;-:,:!;'-_'?.'_~':{t~\i!;!? I , ~ , ~ f i j .J" iH:3 1 r -~-, COUNJIL CHAMBER - June 25th, 1934. ordinance statlng that it was an emergency ordinance was placed on its second m94ding and final passage. In its final passage the vote was unanimous and the ordinances was declared adopted. "it Ord. 119 Book No.4 AN ORDINANCE REGUJATING THE: SALE AND DISTRIBUTION OF WATER FURNISHED, AND SERVICE RENDERED TO OWNERS AND CON3UMERS BY TIlE CITY OF DELRAYlilEACH'l FLORIDA;REGgA!PING'l'HE RATES-THEBEFORi-~ PENALTIES FOR VIOLATION THEREOF; CREATION OF LIENS FOR PAST AND UNPAID ACCOUNTS: AND REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES,. IN CONFLICT HEREWITH , was la id before the Counell;' and,placed on its first readlng. Some members of the Councll consldlllled minor change8~':: necessary before final passage of this ordlnance. After discussion of l'tltes, etc. it was finally mowed by Mr. Foot.e that tlla ordinance be passed on its first reading. Mr. Gracey seconded the motion and on roll call it carried unanimously. , '" ",.., Ord. 120 Book No.4 _ .Al'l ORDINA.:NCE TO PROVIDE FOR THE IMPOUNDING OF LIVE STOCK AND OTImR ANIMAIS FOUND RUNNING AT IARGE WITHIN THE CITY, AND ro 1 PROVIDE FURTHER FOR A ImNALTY AND TRIAL OF SAME, waslntroduced " and read in full. UpGn motlon of Mr. Foote, seconde4 by Mr.HIU $ and on roll call unanimously carried, the ordinance was passed on ~ 1 ts firs treading. Upon Mr. Barton's advice that the sitting of the Equal- lzatlon Board on July 3rd had not been advertlsed as required by 19w, 'Mr. Gracey offered the following motion: That it is necessary and expedient to extend the time in which the tax assessor shall complete his tax roll, and that the Councll shall sit as a Board of' Equalizat~on on the first Tuesday in August, and that notice of sam shall be publishe d as provlded by Charter. Mr. Hill seconded the motlon which carrleEl unanimously on roll call. Mr. Johnston advise d theN .E. Second Avenue propll'ty owners had compla ined to him reps a tedly of the uncomple ted struc- tures opposite on Third Avenue and in order to hide the unsightli- ness of' same he wished to offer the folloWing motion: That Mr. Blank be employed to move seven or eight pine trees to the West side of alley in Block 81 In order to hide the Glbson property from N.E. Second Avenue pt'operty owners, and that payment be made Mr. Blank with the understanding that the money be returned to the City in settlement of taxes. Mr. Foote stated he was in favor of thi:z action provided Mr. Blank guaranteed that the trees would live, after which he seconded the motion, which on roll call carried unanlmo~sly. , ! 1 I I , ~ ,,; ~ i , ~ " " .' f~ l._.__, ..:n; 344 " Council Chamber - June 25th, 1934. w~. Diggans reported on the bath-house project, stating that after sending a bunch of wiresffi1d letters they had managed to have the project reinstated. All the COtJillon labor, he said, would be furnished by the F.E.R.A. and as much skilled labor as is registered in this territory, but that it was going to cost the Ci ty some money for material and skilled labor. The first item of expense to the City 1Jas for the plumbing work, for which the follow- ing bids were presented: Myers Plumbing Company Delray Heating & Plumblng Co E. A. Kenyon $142.00 149;45 150 .00 ..,.~.,..i '-". Mr. Hill moved that $142.00 be appropriated from the Special Improve~'!'l,t Fund for the completlon of the plumbing work on pavilion project and that the contract be awarded. to Myers Plumbl~~ilL, Company, the lowest bidder. Mr. Hill's motion was seconded by Mr.,~~;;;f" Gracey, and on roll call carried unanimously.'lB",,; Mr. Johnston moved the approval of the payment of salary for Beach Project supervi sion for the past two weeks and that Mr. Link's salary be paid by the City until the next meeting 0:1: the Council. Mr. Gracey seconded the motion which carried unanimously. approved seconded Bills numbered 47 to 62 and 65 to 83 Incluslve, regularly by the Finance Committee, were upon motion duly made, and carried, ordered paid. f'-' The Council adjourned. ~~ City Clerk. '" .~, r~ APPROVED: ~. ~ ~ ~~. <,,~ Presl ent of e Coun ' . ~ ';J .~ 1\ !~ ~ n ~ ~;~ ~, .~ ~.