05-25-59 109
~Y 25TH, 1959o
A Regular Meeting. of.the City Council was held in the Coungil
Chambers at 7:30 P.M., w~thNayor George Talbot Jr. in the Chair,
City Manager W. E. Lawson Jr., City Attorney Harry T. Newett and Com-
missioners J. LeRoy Croft, Charles H. Earbison, Fred B. McNeece and
George V. Warren being present.
An opening prayer was delivered by Reverend Glen A. Hargrave.
CityNanager Lawson info.rmed the Council that a copy of the pro-
posed ~'~ater Agreement regarding Tropic Palms had recently been fur-
nished each CouncilNamber and, further, he had not been advised of
any conflicts therein, however, Mr. Hern~y J. Mellon and some of N r,
Mellons Associates were present and may desire the opportunity of be-
ing heard in regard thereto.
Att'y. A. J. Musselman, speaking for Mr. Mellon and Associates,
cited a few minor conditions thereof, for which suzgested amendments
were d~sired~ mainly (1) Page 3, Sec. "N" - replacln$ the words "n?-
operating" w~th 'reasonable and necessary'; (2) provxs~on, fora writ~
ten notice of any default, with an allowance of sixty (60) days for
rectification thereof; and, further, for inclusion of a condition pro-
viding that - "Our Cost is never to exceed the Retail Consumers price
of ~'~ater".
The Council, on moti?n of Commissioner McNeece and seconded by
Commissioner Croft, unanimously agreed that this 'Agreement' should
be referred back to the City N~.nager an~ City Attorney, who shall ef-
fect the desired a.men~ents, w~th the axd of Att'y. Musselman, and
.present the Counc~lwith such revised 'Agreement' for final reading
and consideration.
During the latter part of this meeting, Mr. Mellon cited the para-
m?unt impgrtance of providing, throush installation of pipe lines ~nd
d~stributxon, water serwce to certain parcels of land in the subdi-
vision, and requested all possible haste in effecting the amended "A-
greement'' and ~esolution authorizing such Sgreement, whereupon the
Council requested the City Manager ~o prowde such Documents and ar-
range a Specia~ Meeting of the Council, for consideration thereof, at
10:00 A.M., Friday, Nay 29th, 1959.
The City Nanager informed the Council of having conferred, this
day, wi~h Smith & Gillespie representatxves, concerning a 'Asreement'
with Smth & Gillespie, d~tedNarch 12th, 1958, which established a
continuin$ contract for proposed water and sanitary sewerage improve-
ments engxneering serVices, and that, as confirmed by the City Attor-
ney, may_~e terminated by either parties d~siring to terminate.
The C~ty Attorney further stated that ~t is always in order for
the Council, if desirous, to solicit and consider the services of
other engineering firms regardless of an existing 'agreement' as re-
ferred to in the preceding, paragraph.
Commissioner McNeece referred to a loan, several years ago, by _
the Federal Government, in the amount of $24,500.00, used in conjunc
tion with initial survey costs of Smith & Gillespie concerning the
proposed new sewage system, and the fact that, in hi~ opinion, if any
part of the original plans are used, said 'Loan' of $24,500.00 becomes
payable to the Federal Government, and felt that the terms and condi-
tions of said loan should be determined.
The Council, on motion of Commissioner Croft and seconded by Com-
missioner Harbison, unanimously agreed that the City. Manager and City
Attorney bi requested to study and review the 'Loan', the original
contract wxthSmith & Gillespie, the 1987 agreement and any other fac-
tors pertaining to this matter, reporting the? findinss and submit-
ting recommendation relative to proper steps xn obtainxng future engi-
neering servicesfor the proposed Sanitary Sewage System for the City
of Delray Beach.
City yanager Lawson .submitted the following BIDS received for
construction of South Railroad Avenue, lying between the F.E.C.RR.,
and Block ?9, and extending southward from S.E. Bnd Street to S. E.
8rd Street.
B. B. Boldt, Inc., $ $~475~00
'Hardrives of Delray, Inc., 3~989.48
Superior Asphalt Corp.,
R, H. l~right, Inc., $,100.00
Commissioner McNeece moved that award for construction of said
rSght-of-way be made to the low bidder. Motion seconded by Commis-
sioner Croft.
Following a general discussion thereon, as to properties and ·
property owners, affected, as well as lands to be benefitted thereby,
the above 'Motion' was withdrawn with the consent of Commissioners
McNeece and Croft. ~,,
The Council then, on motion of Commissioner MaNeece and seconded
by Commissioner Croft, unanimously approved tabling this matter for
said proposed .improvement until next meeting, dur?~g which tim.e the
City Attorney xs requested to determine the legahty of effect~ng
such proposed improvement and determining lands to be benefitted
thereby.
The City Manager then submitted the following BIDS, having been
received, for Plant Mix Paving by contract under the City's Street
maintenance program:
Palm Beach Asphalt Corp.,. $ 6;00 per TON
Hardrives of Delray, Inc., 6~89 "
Rubin Construction Co., 8~28 "
Superior Asphalt Corp., 6~98
R. H. Wright, Inc., ?.08
On inquiry from Commissioner McNeece, the City Manager informed
the Council that 'Quality' of material is controlled, and such con-
trol would be maintained, by Testing Laboratory Reports.
.The Council, .on motion of C.ommissioner Harbison and seconded by
CommAssioner McNeece, th.on .unanzmously approved award of Contract to
the .LOW BIDDER, for .furn~shxng ASO0 tons of asphaltic concrete and
placxng of same a.s d~re.cted, SUBJECT TO a .L?boratory Test of the ma-
terial to be furnxshed ~n order that the C~ty may know that the spec-
ifications are met.
On motion of Commissioner U~arren amd seconded by Commissioner
McNeece, the Council unanimously approved the appointment of Att'y.
Arthur T. Holloway as Judge of Municipal Cour.t for the remainder of
this Calendar Year and that Att'y. Paul E. Grxngle serve as Judge
Ad-Litem during said period.
City N~nager Lawson then read the following letter of May 1S, '8~
THE BOARD OF PUBLIC INSTRUCTION
PAIN BEACH COUNTY
"The Board of Public Instruction was very pleased to learn of
the possibility of the transfer of the lighting aystem from the Me-
morial Park Football Field to Carver High School. By supplementing
the present lights, we feel that this equipment could be used most
satisfactorily. The increase in_wattage will be discussed with Mm.
Gearhart of the Florida Power & Light Company when we contact him
~for transfer arrangements. We will be ready to proceed with the re-
locating~of the equipment at any ti~.e that an agreement is reached.
It maght be well for you to adwse your Commissioners, that the
School Board intends to stabilize the football field, install an ir-
rigation system, erect and repair the bleachers, and all in all at-
tempt to make this a first class ~ob."
/S/ HOWELL L. ~ATKINS
Superintendent
On motion of .Commissioner Harbison, seco.nded by Commission Warren,
the Council unanmously agreed that the equAty of the City. in the
Lighting Equipment now located at DiemoriaI Park Football Fxeld be
transferred to The Board of Public Instruction of Palm Beach County,
Florida, for the purpose of allowing transfer of said equipment to
Carver High Sch?ol, sub~ect to all expense incurred being borne by
the Board and with the understanding that such transfer shall be.com-
pleted not late.r than August 1st, 1959, and the grounds of Memorial
Park Football F~eld 'be cleared of all debris resulting from transfer
of such equipment.
City Manager LawsOn then informed the Council of a "Petition" for
annexation having been received from Althea G. Canary covering certain
lands in Section 21, Twp 46 South, Rge. 43 East, and more particularly
described in Ordinance No. G-317, which follows, and was read by the
City Nenager -
ORDINANCE NO. G-$17.
AN ORDINANCE OF THE CITY OF DELR~.Y BEACH, FLORIDA,.
ANNEXING TO THE CITY ALL THAT PART OF THE SOUTH
600 FEET OF THE NORTH 1995 FEET OF GOVERNt~NT LOT 1,
IN SECTION 21, TWP. 46 SOUTH, RGE. 43 EAST, LESS THE ~
NORTH 100 FEET AND LESS THE SOUTH 3§0 FEET THEREOF,
¥~ICH SAID LANDS ARE CONTIGUOUS TO EXISTING NUNICIPAL
LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA; REDEFIN-
ING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LANDS;
AND PROVIDING RIGHTS AND OBLIGATIONS OF SAID LANDS.
The .Council, on motion of Commissioner NcNeece and seconded by
Commissioner Harbison, 'unanimously approved placing Ordinance No.
G-$17.on first reading.
On motion of Commissioner Croft and seconded by. Commissioner
McN.eece, the Council requested the City Manager to provide for an i.m-
mediate Tap Connection and ~ater Service to the property described ~n
the above "caption' of Ordinance No. G-317.
The City N~nager then read Ordinance No. G-$16:
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, GRANTING TO FLORIDA PUBLIC UTILITIES
CO~PANY, ITS SUCCESSORS AH1) ASSIGNS, A GAS ~P~NCHISE
AND I~POSING PROVISIONS AND COi~DITIONS RELATING THERETO.
BE IT, AND IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY
OF DELRAY BEACH, IN PAH~ BEACH COUNTY, FLORIDA:
Section 1. The City of Delray Beach, in Palm Beach County, Fla.,
(herein sometimes called the "Grantor") hereby.grants to Florida Pub-
lic Utilities Company, a Florida Corporation, (herein called the
"Grantee"), its successors and assigns, for the term of thirty (30)
years beginning thirty (SO) days after the date of the final passage
of the ordinance, the right, privilege and authority or franchise to
construct or otherwise acquire and to own, maintain, equip and operate
plants and works, and all necessary or desirable facilities appurte-
nant thereto, for the purchase, transmission, distribution and sale
of natural gas, which term "natural gas" shall mean and include either
natural gas unmixed as delivered to Grantee or any mixture of such
natural gas with artificial gas or with liquef~ied petroleum gas or
with both (herein referred to generally as gas), including the right
without the payment by Grantee of any tax, assessment or charges
therefor to construct, lay, extend, maintain, renew, remove, replace,
repair, use and operate Sas pipes and gas mains, and all appurtenances
and appendages thereto, ~n, under or on or across the present and
future public streets, avenues, alleys, highways, bridges, easements
and other public places w~thin the present or any future corporate
limits of the Grantor or ~ts successors, for the purpose of distribut?
ing, supplying and selling gas to Grantor or its successors, and to
persons and corporations inhabitants thereof, as well as to persons
or corporations ~eyond the present or future corporate limits thereof,
but nothing herein contained shall relieve the Grantee from meeting
all requirements of the City building code and payment of any fees,
licenses or ad valorem taxes.
Section 2. Grantee's facilities shall be so located or relocated
and so erected as to interfere as little as.possible with traffic over
said. streets, avenues,.alleys, highw!ys, bridges, easements and other
public places, agd to interfere Is little as possible with reasonable
egress from and ingress to abutting property.
The location or relocation of all facilities shall be made under
the supervision and with the approval of such representatives as the
governing body of G~antor may designate for the purpose, but not so
as unreasonably to ~nterfere with the proper operation of Grantee's
facilities ?d service. When any pot}ion of a street is e~c!v!ted
by Grantee xn the location or relocatxon of any of xts facll~txes the
portion of the street so excavated shall, within a reasonable time
and as early as practicable after such excavation, be replaced by ~he
Grantee at its expense and in as good condition as it was at the time
of such excavation, and, in addition, such work shall be done only in
the manner and pursuant to the regulations, if any, established by
the Grantor from t~me to time.
. Secti?n S. Subject to ~he provisions hereof Grante? shall it all
t~mes during the term of th~s franchise, promptly and w~thout d~scri-
mination furnis~ an adequate supply of gas of stand?d quality and at
a reasonably unxform and adequate pressure to be maintained on Grant-
ee's system, to Grantor and its successors, and to persons and corpo-
ration inhabitants thereof who request th? same and who agree.to abide
by Grantee's reasonable rules and regulations, and shall acquzre, con-
struct, maintain, equip and operate all necessary plants, works and
facilities for the purchase, transmission, supply, peak shaving, dis'
tribution and sale of gas for the benefit and convenience of Grantor
and its inhabitants, and shall make promptly such extensions to exist-
ing facilities as may be requiredby one or more customers, or pros-
pective customers, provided that if the revenues to be derived from
such extensions shall not afford a fair and reasonable return on the
cost of providing and rendering the required service, then Grantee
shall be permitted to, and is hereby authorized to exact from such ·
customer, or customers, such reasonable cash advances, contributions,
minimumgu~antees, service guarnatees or other arrangements, as will
enable Grantee to earn a fair and reasonable return on the cost of
providing and rendering the required service.
Section A. Grantee's rates for gas shall at all times be subject
to ~uch regulations as may be provided by law. Grantee shall not be
entitled to claim any value on account of this franchise in the value
of Grantee's property or rate base.
Section Si Subject to the 9onsumer's consent, Grantee shall have
the right ~o ~nstall and maintain on the premises of each of its cus-
tomers meters for measuring gas sold and delivered and shall have the
right of ingress and esress to the premises of each customer free of
charge, from time to t~me, for the purpose of reading, repairing, test-
and appurtenances. Such meters
in~ and maintaining Grantee's meters
and appurtenances shall at all times remai~ the property of Grantee,
and shall be removable by Grantee at any txme, by lawful means.
~ection 8. Grantee shall have the right to adopt and enforce
reasonable rules and regulations with respect to the e~tension, ini-
tiation and. rendering of g!s service, including rules providing for
the ~iscontlnuance of service.to any customer on account of non-payment
of bxlls when due, or upon failure to comply with the Grantee's other
reasonable rules and regulations.
Section ?. Grantee shall indemnify and save and keep Grantor
harmless from any and all liability by reason of damage or injury to
amy person or property whatsoever on account of the negligence of
Grantee in the installation, maintenance, and operation of its faci-
lities; provided Grantor shill promptly in each case notify Grantee
in writing of any claim, against Grantor on account thereof, and shall
afford Grantee opportunity to defend the same.
Section 8, Within thirty (SO) da~s ~fter the first anniversamj
date. of this grant and. within thirty ($0) days after each succeedin
anniversary date during the existence of this grant, the Grantee,
successors and assigns, shall pay to the Grantor.o~ its successors a
privilege tax equal to the amount by which five (5) percent of its
gross revenues (gross revenues being all charges made to residential
customers for gas service, le2s adjustments for billing and/or meter
reading errors, leakage, over collections and other such reasonable
adjustments.pe.r~.itted-asaipst gross revenues by the Florid~.Pmilroad
& Public Utllit~es. Comm%ss~on or other such governing body)~ ?om the
sale of gas ~o residential customers within the corporate l~m~ts of
Grantor for the twelve calendar months preceding the applicable anni-
versary date, shall exceed the amount of any other taxes or licenses
levied or imposed by Grantor against Grantee's property, business,
revenues, privileges, or operations for the tax year preceding the be-
ginning of the applicable privilege tax year.
Section 8-a. The City shall have access at all reasonable hours
to all of the Grantee's plans, contracts and engineering, accounting,
finances, statistical, customer and service records relating to the
property and the operations of the Grantee, and. to all other records
required to be kept hereunder as the same pertains to the City of
Delray Beach.
Section 9. Grantee by its acceptance hereof agrees to observe,
erform and keep all of the agreements, undertakings'and conditions
ereof to be observed, performed and kept by Grantee.
Section lO-a. Failure on the part of Grantee to comply in any
substantial respect with any of the provisions of this ordinance,
shall be grounds for a forfeiture of th~s grant, but no such ~orfeiture
shall take effect if the reasonableness or propriety theregf ~s pro-
tested by Gran~ee until a. court of competent jurisdiction (with right
of appeal in either party) shall have found that Grantee has failed
to comply in a substantial respect with an~ 9f the provisions of.this
franchise, and the Grantee shall have six (6) months after the.f~nal
determination of the question, to make good the default before a for-
feiture shall result with the right in Grantor at its discretion to
srant such additional time to Grantee for compliance as necessities
~n the case require.
Section 10-b. In any case where there is interruption or impair-
ment of service, or failure of supply of gas or pressure, Grantee
shall promptly r~medy such condition. No interruption or impairment
of service o~ failure of supply of gas or pressure by reason of force
majeure, str~ke, breakdown, accident or other cause or happening be-
yond the control of Grantee shall constitute a breach of this ordi-
nance nor subject the Grantee to liability for damages, provided that
such interruption~ or impairment of service or failure of supply of
gas or pressure by reason of force, majeure, strike, breakdown, acci-
dent, or other cause or happening shall be remedied promptly,
Section il. Notwithstanding Grantee's acceptance of this ordi-
nance Grantee shall be under no obligation to begin the construction
of its plant, works and other facilities for the purchase, trans-
mission, distribution and sale of gas hereunder until such time as
natural gas is available for purchase by Grantee at such point of de-
livery, a~ such prige or ?rices and is such quantities as Grantee
shall in ~ts sole dlscr~et~on deem satisfactory and approve. Grantee
agrees to start construction of plant, works and facilities within
three (S) months from such date as natural gas is available as here-
tofore states, and to pr?secute said installation with all possible
speed as the demand requires. Unless Grantee shall notify Grantor
in writing by December S1, 1959 that natural gas is available to
Grantee as aforesaid, the franchise hereby granted to Grantee shall
Become void and terminate, and both Grantor and Grantee shall Be
leased from all obli§ati.ons hereunder. Grantee shall have the right
to surrender this franchise and salvage all of its plant, works, and
'f~cilities in the event natural Sas shall at amy time cease to be a-
vailable for distribution and sa~e hereunder as aforesaid.
Section 12. In consideration of Grantee's undertakings hereunder
as ev.idenced by its acceptance he.reof, the Grantor agrees not to en-
gage .~n the business of distributing and se.llinE gas.d.uring, the life
of th~s frnachise or any extension thereof ~n competition w~th the
Grantee, its successors and assigns.
.Sec.tion 15. G.rant?r hereby, reserves the right at and after the
expxrat~on or term~na.t~on of thxs gran.t to purchase the property of
Grantee used under.th~s grant, as prowded by the laws of Florida,
in effect at the t.zg~e of Grantee's acceptance hereof,.including Sec.
167.22 of .the Florida Stat.utes, 1941, and as a condition precedent
to the taking effect of th~s grant, Grantee shall give and grant to
the Grantor the .right to purchase so re.served. Grnatee shall be
deemed to have g~ven and granted such r.~ght of purchase By its ac-
cep.tancq h.ereof, which shall Be filed w~th the.Grant?r's Clerk within
thr~ty (80) days after the final passag.e of th~s ord~nan.ce.
Section 14. All of the terms, provisions .and conditions hereof
shall inure to and be binding upon the respective successors and
signs of the Grantor and the Grantee.
Section 15. Ail ordinances and parts of ordinances in conflict
herewith shall be, and the same are hereby repealed as of the effec-
tive date of this ordinance,
Section 18. This ordinance shall take effect upon its ratifica-
tion at a referendum election to be called and held in accordance
with the provisions of the Charter of the City of Delray Beach for
holding Bond elections.
Section 17. UpOn the annexation of.any territory t.o the City of
Delray Beach, that por.tion of the f.aci.l~ties and o~erat~ons of the
Grantee of this .franchise located w~th~n t.he said annexed territory
or upon the public streets, alleys or public pl.aces thereof, shall
thereafte.r be subject to all of the terms of this grant as fully as
though th~s grant and franchise were expressly extended to such an-
nexed territory.
Section 18. At thetime a.ny requ.est, or rec.omm.endation is sub-
.mitred to the Railroad & Public Ut.il~t~es .Commission /'or any change
zn the rates charged to customers ~n the C~ty of De.l.r.ay Beach for g.as
service the Grantee shall notify the Crantor, in wr~t.~ng: of their 1n-
rent,on to ask for s.uch chanfe; and shall, after subm~.ttzug such
quest or recommendatzon, notxfy the Grantor of all action of the Com-
mission u~on the request or recammendation.
PASSED i.n regular session on the second and final reading on this
the twenty-f~fth day of May, A. D. 1959.
/S/ GEORGE' TALBOT JR
On motion of Commissioner Croft and seconded by Commissioner
McNeece, the Council unanimously approved the Passing and Adoption of
Ordinance No. G-S18 on this second and final reading.
City Manager Lawson then read RESOLUTION NO. 1182:
A RESOLUTION OF THE CITY COUNCIL OF DELRAY BEACH,
FLORIDA, CALLING A SPECIAL ELECTION OF THE QUALI-
FIED ELECTORS OF SAID CITY FOR THE PURPOSE OF RAT-
IFYING OR REJECTING A THIRTY-YEAR NATURAL GAS FRAN-
CHISE TO FLORIDA PUBLIC UTILITIES COMPANY, AND
AUTHORIZING THE MAYOR SAID CITY TO GIVE NOTICE OF
SAID ELECTION, BY PROCLAMATION.
The Council, on motion of Commissioner McNeece and seconded by
Commissioner Croft, unanimously approved Adoption of Resolution No.
1182 on this first and. finalreadin~.
(See' Pages ?lt&~C ~, t-16~ & i16-E~ f~:'~ 'copy ~6P ~RESOLUTION NO. 1182. )
The City Manager then read RESOLUTION NO. llSl:
A RESOLUTION DECLARING CERTAIN LANDS iN THE CITY OF
DELRAY BEACH, FLORIDA, TO CONSTITUTE A NUISANCE IN
VIOLATION OF CHAPTER 15 OF THE CITY CODE OF ORDI-
NANCES.
(certified copy. of Resol,~t.i, on No. llS1 filed with Official Minutes)
(See pages l16-A & 116 M fo~ copy of Resolution No. llU1) '
The Council, on motion of Commissioner Croft and seconded by Com-
missioner McNeece, unanimously ag.reed on ADCPTION of Resolution No.
1181 on this first and final reading.
City Attorney Newett advised the Council of having conferred with
the Legislative Delegation Which body informed the Attorney that all
but three of the 'Bills', for the City of Delray Beach, have been
introduced, which normally reflects passage. The three ($) exceptions
are as follows;
/il Amendment to Sec. 136, Article XVIII.
Deposits in Savings .& Loan Associations.
Providing' for Re-Reg~strati°n.
City Manager Lawson informed the Council of having conferred with
.Mr. ~dell concerning possible annexa.tion of various parcels of land
~n the Lake Delray area, and the desxre of Mm. Udell to meet with
the Council for discussion of the various parcels - item by item.
The Manager also reported on the Calamia property, southwest of
town, consideration for annexation of which is beiag held-.up, await-
result of Resolution No. 1178, copy of which has been furnished the
Palm Beach County Commission, and relates to obtaining State Road
Dept's. aid in obtaining a "Crossing" of State Road 9 at a'point of
intersection with a westward extension of S.W. 10th Street. The
Manager f.urth.er advised that Mr. Jimmie Ritterbusch, associated with
Mr. Calam~a, ~s following through on this matter and seeking assist-
ance in Tallahassee.
With regard to the area adjacent to N.E. 8th Street, no written
proposals for annexation have been received but the Manager is, at
the present time, maintaining discussion with several .property owners
in that area and expects favorable response from some in the near
future.
The Manager further informed the Council of very favorable res-
ponse from South Ocean Blvd. property owners, concerning annexation,
but final agreements and petitions, relative thereto, are difficult
to conclude inasmuch as so many of the property owners are, at pre-
sent, away from the city. Very favorable conclusions are anticipated
on South Ocean Blvd.
Instruments, providing for annexation of the Glenn-Moore-Hertz,
Inc., property in the S.W. Quarter of Section 20, are now being pre-
pared.
The Council advised the City Manager that it desires to meet with
Mm. Udell as soon as possible for discussion of various lands in the
Lake Delray general area.
On motion of Commissioner Croft and seconded by Commissioner
McNeece, the Council unanimously approved .payment of Bills, in the
amounts shown below, as presented by the Cxty Manager, subject to the
approval of the Finance Committee:
General Fund $ 45,330.50
Water - Operating 1~752.79
Payroll Account 18,298.54
Concerning a ~S.pecia. 1 Assessment of $657~49" against the Sandoway
East property, orzg~nat~ng in 1953 for a p?rtio.n of Gleason Street
paving improvement, unpaid to date, and whzch lzability was not
shown on a Tax Search Certificate alleged to have been issued by the
7
City in 1957~ the Council, on motion of Comm~:ssioner McNeece and
seconded by C~ssioner Croft, ~animously agreed.t~t tMs ~tte~
be tabled and the City Attorney reyi? the entire xssue ~d advise
the Co,oil of his findings and
~s. Ruth Brist~ ~loy, of 405 S~E. 4th Avenue, ~?ay Beach,
appeare~ before the Co,oil and requ?te~ t~t the prxvxlege be e~-
tended to all~ he~ to relocate a.fSxgn' on he~ p~operty, SMch sxgn,
~s. ~1~ states ~s only e~ress~g Freedom of Speech.
~ motion of C~issioner McNeece ~d se~e~ by Co~ssicner
Croft, the ~o~ci~ ~aMm?usly agree~ t~t, ~n vSew of the City At-
torney's opxnion ~dentify~ng the placard as a 's~', tho~h it.~oes
not necessar$1y ~eflegt nor sol$cit ~y sale of a p~oduc~, an~ xf
fo~d to be xn vxolatxon of ~dxn~ce No. G-298 of the Cxty of Delray
Beach, the request for re-location of said si~ be denie~.
The Co,oil, on motion of C~ssioner McNeece ~ secon~e~ by -
Co~_ssioner War~en, ~an~ously agreed on denial of request, ~ub-
~tte~ by ~. J. S. Meade and C. H. Dodson, to move ~ old ~o story
f~e ho~e from ~ts 8 & ~, Block 11~, to Lots $4, $8 and ~, Block
1~.
~e 0ity ~.tto~ney infome~ t~Co~cil of havi~ taken neces~a~
steps, t~o~h Att'y. He~y F. Lih~t~l, to effec~ an ea~ t~xal
of the pen~g case pe~tai~ng to the City's Ocean Ri~e p~operty.
~. Hen~ Mellon a~vised the Co~cil t~t he an~ Ms associates
were soon_to su~t tentative plus for a sewerage system, in ~opic
Pa~ to ~th & Gilles~ie for the p~ose ~f ~e?~i~ e~xneerxng
a ~lon installation.
co~sel an~ possible ai in supe~vis of
~e Council, b2 ~eneral consent, appreved the Minutes of the
Regular Meeting held on ~y llth and of the Special Meeting held on
~I~ ADJO~D. May mOth, 1959.
/
1181
A R~OLUTZOI DECLARING CERTAI! LAlgDB
1~ TR~ CITY OF Dwr.RA! BFACH, I~'LORIDA,
TO COI~TXTIIT~ A ~UI~A~C~ I~ VIOLATIO~
OF CRAFT~ 15 OF T~ CITY CODE OF
~, ~aaptor 15 of tho City Code a~d 0~dina~o
No. G-l~7 Of
l~o ~n t~o C~tT ~t kept ~o ~ deb~o, voEotat~on
(in~l~q t~ooo) oF ob~ ~tto~,
in t~ of ~to~, ~d fr~ weds exoeedi~ i'n hel~t of
18 inches, ~ ~ fil~ ~ t~a~, constitute a ~ie~e;
~d
~, ~t ~ said ~oe, ~e ~lef of
oert~ leto
e~ot~
foll~ bo~~ bgo ~ ~eelo of 1~ for vielatim ef
~e ~vioim ef o~d ~~ 1% of ~e City ~e md
City ~o~ of tb glty ef ~l~y ba~, ~orlda, 18 directed
to ~~ b ~ro of ~ p~oel of 1~, as ~rei~ter
set
for the
~ey e~, ~y oaid nlome ~d not be abate.
~utor
Estate ~~t, ~ B~. 73
lad.
116-"
Mrs. E.B. Foeth 403 Crescent Bt. Lot 26 4
Cypress Hill DELRAY MANOR
Brooklyn, N. Y.
Paul D. & Margaret 8801 N.E. let Ave. Lots 11, 12, 35, 36, 4
Sahler Miami, Fla. 57 & 58.
DELRAY MANOR
Pauline P. Burns P.O. Box 698 Lots 6 & 51 4
Ft.. Lauderdal e, DELRAY MANOR
Fla.
Alphonse & Johanna Highland Lake, Lots 54 & 55 4
Theuer New York. DELRAY MANOR
Maal Corp. & H.V. 1209 E. Atl. Ave. Lots 59 & 60 4
Dally Delray Beach, Fla. DELRAY MANOR
Thomas B. & Betty P.O. Box 302 Lot 62 4
G. Hatcher Delray Beach, Fla. DELRAY MANOR
Joseph O. Savole Rt. 1, Box 534 Lots 63 thru 65 4
Delray Beach, Fla. DELRAY MANOR
Wm. Bends & Harry Rt. 1, Box 81 Lot 69 4
Perotti Del~ay Beach, Fla. DELRAY MANOR
Bruno Maatrolanni & Rt. 1, Box 80 Lots 70 & 71 4
Harry Perroti Del~ay Beach, Fla. D~r~AY MANOR
PAS~ AND ADOPTED in Regular Session this twenty-fifth
day of May, A.D., 1959. . ,.-- .............
,// !