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06-09-24 Regular COUNCIL CHAMBER _~ . r June 9, 1924. ,, °~ crossed said Canal on~,Atlantie Avenue. -The resolution`, whi~ci t. ~~ on motion of Mr.` Bc~r'~-seconded'~~by M~. Sun~dg was~~adopted , ~, ~~ ,. ~. _<-- /a5~ The Council met in regular session, the Mayor pre- siding. .Councilmen Been, Malone and Sundy were present. Councilmen Evans and Swanson were absent. ;',! The minutes of the previous meeting were read and ` approved. The .Clerk laid before the Council petition of eer.-„ tain citizens relating to the paving of Blaclnner Streetrfrom ~~ ,Deily Street to Batson Street. .The petition was referred ~o` ~I the street committee. ~~'~' The Clerk laid before the Council the application ?. of the building committee of Delray Lodge 171 F. & A. ~.;fd" ;~ y~ ,: ~. a permit to erect a two stork build~3ng, concrete and'b ~.~, Construction with built up asphalt roof on Lot 1, Block~t'$ ,,, , ;~ ~p n„ ,.,..+t„n of M,. _ Rnnriv aPr.~n~pd t~v "r.' Malbrie _ the; Clerk was directed to issue the necessary permit. The Clerk laid before: the Council a form of"ieso tion requested by the Town of Delray Beach, to be used in ;; ,:. .. ~.:w: e~., , .~v.:asw`i connection with its application to the V9ar; Department!fo e permit to lay a water main under and across the Flerida~ ,~~ East Coast Ganal at a point Ju$t north of where the brid Permit to lay Water Main - across Canal a and reads as follows: /06 "RESOLVED that the Council of the Town of Delray, 'Florida, respectfully request permission to lay an 8" cast 'iron pipe water main under and across the Florida Coast nine Canal north of the bridge crossing said canal on Atlant c- i .Avenue, as shown on the plan, attached hereto, "PROPOSED 'WATER MAIN ACROSS F.E.C. CANAL AT DELRAY, PALM BEACH COUNTY jFOR DELRAY BEACH. THE RIDDLE CO. ENG. SERVICE H. C. FUGATE CO." ~ RESOLVED FURTHER that the Riddle Company, of West ~Pa1m Beach, Florida, b® aut}~orised to make applioation to the War Department for said ermit and to submit application din behalY of the Town of Delray, Florida." The Clerk presented to the Council a form of reso- ~,,...~° u Contract Por Street Pavin@ lution prepared by the attorney for Miller and Company, re- questing that the City of Delray issue bonds inatee.d of lien certificates in payment for the street paving under the city!' contract with said Miller and Company, dated 13th day of May 1924. The resolution wsa, on motion of Mr. been, seconded by' Mr. Sandy. adopted, on roll call, by unanimous note and`read~3 "s ~_ r as follows: "WHEREAS the City of Delray on the 13th day~bf;~;~', A. D. 1924, entered into a contract with J. T. 2~iller atld"~~ paning'contraetors, of dVest Palm Beach, Florida, Por tli~_g ing and paving of certain streets in the City of Delray, a1* as more specifically set out and described in said contract and in the specifications therefor prepared by Butler, Barn and Taylor, City Engineers, and WHEREAS, said contract provided for. the paynpent t the said-J. T. Miller and Co. for said work in lien 'certifi Bates, which said lien certificates were contemplated 'to be issued by the said City_of Delray,-and to.be-based>on,asses ments against the properties abutting on and benefitted-by:; said improvement and which said certificates were specified in said specifications to be for a term of three years, and WHEREAS the contractors haSe requested the City"o Delray; to issue instead of said lien certificates bonds of z the:-said,6,lty of Delray based upon said assessments, and tai said assessments shill be made to mature in ten equalrannn ~. ~~,.~, ~~ x. ~x Y ~"5 ~ e7 installments, and that said bonds may be made to mature sub- stantially with said assessments, and WHEREAS it appears that it will be for the best in-" terest of said 8ity of Delray to issue said bonds in lieu of " said lien certificates and that there will be a saving to said City of Delray on account of interest by adopting such plan, and that such plan will be for the benefit of the prop- erty owners against whom such assessments will be made, therefore BE IT RESOLVED that said City of Delray will in lieu of said certificates issue bonds based on assessments against the properties abui~ng on and benefitted by sa d improvement9, said assessments to mature in ten equal an- nual installments bearing such rate of interest as the City ..may fig and said bonds shall mature Substantially with said assessments and shall bear interest at the rate of sig per scent per annum, payable semi-annually, and said bonds shall be delivered to said contractors in payment of said work provided that ell expense connected with the issuance of+ ;said bonds and the validation thereof, if the same shall be ,requested, shall be borne by the said contractors." The Clerk laid before the.Counei~ an. opinion by the city.attorney, C. D. Blackwell, in which he held that 'the"cit`~' had legal authority to pave Canal Street and assess the east thereoF against abutting property, wholly disregarding the «:. proceedings had by the County Commissioners. affecting or # ,r respect to said street in 1908. 'i% <• Ordinance establishing -a Fire Zone • ~. „~;: Moved that it be p1~COSd on its first.read`ing~ the; motion bd . ~* _: ~,.~ ~ ,; Mr. Been submitted an ordinance entitled; ,:W~,„;a ,; AN ORDINANCE AMENDING SECTION 1, OF AN ORDINANCE ADOPTED JUNE 25, 1923, ENTITLED: "AN ORDINANCE ESTABLISHING A FIRE ZONE, AN IN* DUSTRIAL ZONE, AND A RESIDENTIAL .Z@iiR IN THE - CITY OF DELRAY, PRESCRIBING T,FiE 1aIMITS, OF,EAC#i~~.,.~, 4ND THE CHARACTER OF CONSTRIICTION TO BE PERMIT TED 'NITHIN SUCH ZONES; PRESCRIBING' THE MANNER OF OBTAINING A PERMIT TO BUILD, AND THE PURPOSES FOR WHICH BUILDINGS MAY BE ERECTED OR USED THERE- IN, ESTABLISHING A FEE SCHEDULE FOR PERMITS, A~,xa PROVIDING PENALTIES FOR VIOLATION OF THE ORDI- NANCE " '"~`~, ;„~; M. :, Ordinance providing for elear- ing of lot C+ .~~,?' ;~_. a .J ~: v~ ~. ,, ., ing seconded by Mr. Sundt', was adopted by unanimous vote, and r was read in VT s first time. OiY'motion of Pr1r. Keen, the rules were suspended by unanimous vote,and the ordinance was ordered read a second-- time by caption only; and the ordinance was so read. Mr. Keen submitted an ordinance entitled: ~, "AN ORDtNNNCE PROVIDING FOR THE~CLEARING O~F A LOT COMMENCING AT~ :THE NORTH EAST CORNER OF BLOCK 122, RUNNIH~ DUE V6EST 240 FEET, THENCE SOUTH 110 FEET, THENCE EAST 240 FEET, THENCE NORTH 110!.: FEET, TO;THE POINT OF BEGINNING. ;and moved that it be placed on its first reading. The motion by Mr. KHen, seconded by Mr. Sandy, by unanimoua vote, the Council ordered that the ordinance be re„$ ~ 9:. ~a first time, and it was so read and in full. Mr. Keen moved that the rules be suspended an~'`~e°~^'" ordinance be placed on ita second,reading by caption onlyt. .,: The motion having;p~tev~iled by unanimous vote, the ordinan~ was ordered read a second time. by caption only,: and it was" read. A motion by Mr. Keen, seoonded by Mr. Sundy,'eut: ing the Finance Committee in conjunction with the City C19. to purchase light fixtures and the neeeaeary furniture for the new Municipal Building was, on roll call, adopted.b y nnanimo vote... "'"~~ G, A motion by Mr. Keen, seconded by Mr. Sandy; suthorj ing the Park Committee to purchase the necessary number of,Roj Palma to.beset in the City Park was, on roll call, adopted tij unanimous-vote. ~ ~•°` ~ ,,. ~' ,, . ;~, +( nit }~ "~~ Contract with Brown & Ash- it' /o ifi On motion of tlr. Keen, seconded by PPtr. Sundt', the action of the-Gauncil under date of April 14th., ordering+the :. publication do the Delray .News of all ordinances adopted, was rescinded by unanimous vote. ... On motion of 1•dr._~een, seconded by A;4r. Sandy, --it was ordered that only such ordinances as are specifically directed shall be published in the Delray News. Tki motions' was adopted, on roll call, by unanimous vote. A motion by T~7r. dean, seconded by idr. Sandy, wee,; on roll call, unanimously adopted. By it the City of Delray agrees to contract with Brown and Ashton to grade and pavet~`"'~ ti ~¢Fyn Atlantic Avenue from the road bed as now establiahed,to thB• curb line, to 'the South of Blocks52 and 60, and to the~North'` .. of Blocks 53 and 61, at the price of X1.00 per square-ya~9h". A,4otion by Pvir. dean, .seconded by Abr. Sandy, anho-~ ~' r ~~ y ruing the City Clerk-to secure from the owners of property _.-,~ abutting on both aides of Atlantic Avenue in Bloesks 52'an: .. ~~ ik""~. 53; 60 and 61, negotiable papers securing o the City th~"` cost of paving assessed against their ..property, as thgiry` terbat may appear, on the basis of X1.15 per square yard, , comRleted paving and oiling, the aggregate sum payable in b< one_,~ two and .three years with 8°fo interest from date of ac . ceptanoe_ of the completed paving o the date.~o~ payment. 'P Adr. Bradley, Superintendent o~ water-and Light plant, verbally report~a to the Council that Fairbsrtks,'MO~se and Company had fulfilled their contract in the nata~latiori~ . , ~,,; ,t: ~ , of the 200 H.P. engine . ""'t r .~ - ~ ~. ;d ~> / ~#o ' ; ~' On motion of Mr. Keen, ended by Mr. Sundt', the ~ inatallation of the 200 H. P. Unit by Fairbanks, h4orse and Company .was accepted, those voting in the affirmative, on Accepts 200 *,~• roll call,being Tdr. Keen, Idr. Malone and T.ir. Sandy. By a _ H.P. Engine similar vote, the City Clerk was authorized to certify to tie X14,283.50 ~~~,'° City Treasurer for payment to Fairbanks, Morse and Co~pany, K e ' , the z. on account of the installation of the 200 H.P. engi ~:; _ aum of 14,283.50. ~ In the absence of Mr. Swanson, the Mayor named Mr,, Malone as a member of the Finance Committee, protem. I The Clerk laid before the Council current bills ~~_.,'. which, on motion of Mr. Keen, seconded by Mr. Sandy, were re-~ ~ferred to the Finance Committee. After being audited, the several bills were re- ported back to the Council with the reeofnmend&tion that they;;~~ ,., paid, and on roll call, the bills were ordered paid,. tho~se,~ be ~.` ~ voting: in the affirmative being Mr. Keen, Mr. Malone and' ~~ ,,, t~ ~'~ Sundt'. ~= The Council adjourned subject to the call of=.the <ti C .: . ~.. ~' Mayor . ~.,' ,, .~~. ,, Mayor s~ra,,N. (~ a: V City Clerk s ,.. ~ ~ ~~