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07-22-57 207 JULY 22nd, 1957. A Regular Meeting of the City Council was held in the Council Chambers in the City Hall, at ?:30 P.M., with Mayor George V. Warren in the Chair, City Manager W. E. Lawson Jr., City Attorney Harry T. Newett, and Commissioners Col. Dugal G. Campbell, R. J. Holland, Martha K. Holland and Catherine E. Strong being present. An opening prayer was delivered by Chaplain James T. Hayes. Commissioner R. J. Holland moved that the Minutes of Meeting held on July 8th be approved as submitted. Motion seconded by Com- missioner Strong and unanimously agreed. Mayor Warren read a tentative report submitted by the City Manager with reference to an estimated cost of $20,000. to $21,000. for con- struction of the initial section of a Community Center, approximately 40 x 100~.~of the "Unit Deck" type, a method of construction embodying the use of heavy timber, instead of metal, and similar to an arc rib type building. There had been previous discussion concerning a temporary struc- ture of a Butler type building, however, the Commission is determined to construct a permanent "Center", so designed as to provide for suit- able additions thereto in the future, and Commissioner R. J. Holland moved that the City Manager be requested to submit plans, specifications and estimate of cost for the construction of the first Unit of the pro- posed Community Center building of "Unit Deck" type construction. Motion seconded by Co~uissioner Campbell and upon Call of Roll Commissioners R. J. Holland, Col. Campbell, Catherine E. Strong and Mayor Warren voted in favor thereof, Commissioner M. K. Holland being opposed. Commissioner Campbell recommended that Mayor Warren, along with City Manager W. E. Lawson, Major Gilbert S. Swem, James I. Sinks as Chairman, Recreational Director Tom Boyce and a Teenage Group Represent- ative act as a Building Committee in connection with the development of the new proposed Community Center. The Board of Directors and advertising Committee of the Chamber of Commerce were present for Budget discussion, and Chairman George Talbot reviewed "Tourist E~onomics", a detailed Report of a Study deal- ing with the Value of the Out-Of-State Tourist and the City Advertising Program, prepared for the Commission, incorporating a Co-operative Pro- gram; What Advertising Means to the Delray Beach Economy; Where The Advertising Dollar Goes; What Constitutes Our Advertising Appeals; Markets Reached With Advertising in 1956; Effect of Our Advertising; and ~a Re-Cap of Budgeted Advertising Appropriations, together with ~Per Capita Expenditures~, for more than twenty (20) cities within the State. Mr. William F. Koch Jr., and Mr. Lee Archer briefly discussed the definite need of an appreciable advertising appropriation, which, in reply to an inquiry from Commissioner R. J. Holland, is used in its en- tirety for Advertising and not operational expense. Mr. Koch requested that the Commission review and study the "Tourist Economics" brochure before Budget time, further requesting that the Council rescind its action at the regular meeting held July 8th at which time an advertising appropriation of $5,000., for the c_oming fiscal year, was substituted for the Chamber,s request for ~18,150., contained in letter from the Chamber of Commerce which Cha- mber President William F. Koch believed to have been acted upon by the Commission prematurely. Mayor Warren, relinquishing the Chair, informed the press and those present that the matter of advertising appropriation had been discussed prior to Budget time and moved that further consideration of the Chamber's Budget request be provided,that the action taken at the regular meeting held on July 8th, concerning the ChAmber's Adver- tising Appropriation, be rescinded and that this matter be brought be- fore the Council for disposal in the usual manner of the proposed Budget submission by the City Manager at the first regular meeting in August. Motion seconded by Commissioner Strong and upon Call of Roll - 208 JULY 22nd, 19~7. Mayor Warren and Commissioners C. E. Strong, R. J. Holland and M. K. Holland voted in favor thereof, Commissioner Campbell being opposed. Commissioner Campbell desired to explain his reasoning relat- ive to ~h~ preceding motion and action taken thereon: stating - "Should the City spend $18,~00. for advertising through the Chamber of Commerce as hhs been done, for lesser amount, in the past. I have voted No,,and because many of my fellow Members in the Chamber have made it quite clear that they disagree with my position, I would like to give the following reasons for having voted so. 1. I believe in the objections of the Chamber, and have been and will want to continue to be a Member, (having two or more member- ships at present), and will join with any group within the Chamber to promote better business relationships, both within and without our Ci - ty, and to promote the growth of business in general, but those of us that are benefitted must be willing to pay for the promotion through the Chamber channels, rather than use tax money. 2. Many of our taxpayers have been attracted to Delray because we have something differnet here, we have a quiet community, dif- ferent in its make-up from many of our neighboring cities and these taxpayers would like to see it continue this way, surely they are not interested in tax money being spent to change it. Do we not have to consider their wishes as well as those of groups represented by the Chamber? One hears the remark made constantly "I hope we may have orderly growth", let us assure it. 3. The thousands of replies received by the Chamber, from the ads in the Northern Papers and Magazines, would indicate that this advertising brought worth-while returns, and to those who directly receive a listing of the repairs, that is, our apartment owners (of which group I am one in a small way) and to the hotels, it may seem to be money well spent. I channenge this position for this reason, many of the owners of apartment houses and hotels live outside of the city or rather the units are located outside of the city; they are members of the Chamber but not taxpayers, so on what grounds are we, the city Coun- cil, justified in alloting tax money for this type of advertising. These owners, as Members of the Chamber, are entitled to partici- pation in any returns from Chamber activities as long as Chamber ~onies are involved. One newspaper listed the amount spent by other cities in Florida, Did you see on this list the name of any city that had more appeal than Delray. We are not competing with them for the type of growth they have had and are having. We will continu~ to grow as we have in the past by friendly words of praise from one friend to another, and our apartments and hotels will be filled as they have been in the past by the type that like what Delray has to offer. If they want Ft. Lauderdale or Miami, they are not inter- ested in Delray (Nor we in them)." City Manager Lawson read a letter from Attty. Neil MacMillan concerning Mr. MacMillants offer to deed to the City of Delray Beach, free of charge, Lots l, 2 and 3, in Block 4, Southridge Subdivision, in exchange for the cancellation of delinquent taxes and Assessments on Lots 4 thru 9, Block 4, Southridge S/D. Commissioner Campbell moved that this request be denied. Mot- ion was seconded by Commissioner Strong and unanimously carried. Mr. Ralph Preismeyer informed the Commission of inadequate coaching facilities relative to local swimming teams, necessary for Gompetitive spirit as well as ability to compete with teams of other cities in South Florida. Both ~. Priesmeyer and P~. Ralph Knutsen were high in praise of Steve Forsyth and his accomplishments in this connection which are outside the routine of "Stevens" normal funct- ions, and further for the records stated that some of the local swim- ming team members, competing, without proper coaching, have returned from out of town meets, victorious. 209 JULY 22nd, 1957. Messrs. Priesmeyer and Knutsen requested the Council to consider a budgetary item, for the coming fiscal year, to provide for profess- ional coaching of the local swimming teams in order that this desired and wholesome activity might progress to the benefit of all. At the request of Mayor Warren, Ralph Priesmeyer agreed to ac- cept the chairmanship of the Swimming Committee, functioning through the office of Recreational Director Tom Boyce. City Manager Lawson read a letter, just received, from the Grimes Foundation, relative to effecting a Bid for the Golf Course, if the City determines to dispose of said Course as has been indicated in the re- cent past. Mayor Warren informed the Council that the local Board of Real- tors, who had previously, through Mr. H. Ben Adams, agreed to appraise the City owned lands, have now determined that the Board is unable to fulfill this agreement. Commissioner Campbell moved that the Realtorsl Board request to be relieved of this responsibility be acknowledged and granted. Mo- tion was seconded by Commissioner R. J. Holland. Upon Call of Roll - Commissioners Dugal G. Campbell, R. J. Holland, M. K. Holland and Mayor Warren voted in favor thereof, Commissioner C. E. Strong being opposed. Commissioner Campbell further stated that, in his belief, an aP- praisal value of the lands constituting the Golf Course would have lit~ tle or no effect, nor relationship, on ultimate proceeds from possible sale of said Golf Course, Buildings and equipment, and moved that the City Manager and City Attorney be requested to devise the proper, and best possible method, for disposal of the Golf Course, Buildings and Equipment, to the best interests of the City, and provide legal in- struments for accomplishing such disposal on a Public Sale Basis and in compliance with Section ? of the City Charter. Motion seconded by Commissioner R. J. Holland and unanimously carried. Mr. Warren G. Grimes stated that the tentative proposal of the Grimes Foundation, relative to possible purchase of the Golf Course, would be amended to reflect the honoring of 'Life Memberships' now in force. The City Manager read the Report of the Planning Board, dated July 22nd, concerning the request for Permissive Use of Lot 12, Plumosa Park, Section "A" , for construction of a Private School for pre-school aged children. The Council heard persons speaking in behalf of the applicant and approving of the proposed school, as well as recognizing those who opposed, and accepted a Petition, presented by Mrs. Helen McConnell, of 227 N. E. l~th Street, allegedly containing the names of over twenty property owners in the area who object to such proposed nursery schooll. Commissioner Campbell moved that the request for permissive use of Lot 12, Plumosa Park, Section "A", for construction and operation of a nursery school be denied. Motion seconded by Commissioner R. J. Hol- land and unanimously agreed. City Manager Lawson read the Planning Boardts Report, concerning the Boardts recommendation that Beverly Drive not be extended into Lake Ida Manor Addition No. 2, but be provided with an adequate traffic turn- around at its west end. No action was taken as Beverly Drive, and Chevy Chase Subdivision, in which it lies, had been previously approved as they now exist by the Planning Board and the City, and are so recorded on the official Plat thereof. The City Manager read a request from Allan A. Wells seeking per- mission to establish a coin operated Kiddie Ride on the set-back area of the Ben Franklin ~ & l0 cent Store, located at 310 E. Atlantic Ave- nue, which had previously been denied Mr. Wells, by the License De- partment, by virtue of interpretation of Article III, Sec. 23-16 of the City Code of Ordinances. Commissioner Strong moved that the City Attorney be instructed to review said Article III, Sec. 23-16, and if the License Department's interpretation thereof is found to be in error, to so advise said de- partment, and that License be issued, as requested, upon being so ad- vised by the City Attorney. Motion seconded by Commissioner R. J. 210 JULY 22nd, 1957 Holland and unanimously agreed. Mayor Warren read a letter from United Nations Headquarters in New York, advising of National Observance on October 24th, 19~7 of United Naiions efforts in which all Municipalities are requested, not only to'participate, but to provide for a Committee and Commit- tee Chairman to be selected and function on matters pertaining to ~ local activities of United Nations, and requested that a proclama- tion be issued declaring October 24th as local observance of United Nations. The Mayor also read a letter from the Palm Beach County Civil Defense, M~. Ellis F. Altman, Director, advising of the recent par- ticipation of that branch in support of Dade County's contribution to "Operation Alert" of 1957, and wherein Director Altman informed the Mayor that a complete Report of the results thereof will be fur- nished the Council as soon as it is possible to prepare said Report. Director Ellis F. Altman, Palm Beach County Civil Defense, in- formed the Council, in letter dated July 16th, 1957, that a Staff College course in all phases of Civil Defense, staffed by top of- ficials from the State and National Instructors, will be held in the Palm Beach Junior College Building at Lake Worth, Florida, during the week starting Monday, August 19th, through noon on Friday the 23rd. Further information will be furnished in the latter part of July. Mayor Warren read a letter from C. Spencer Pompey, Athletic Director at Carver High School, expressing sincere thanks and ap- preciation for the cooperation of the City in the assistance render- ed their athletic program, and hoping that the deportment, reflected by the personnel, will warrant continued support and aid concerning the over-all athletic programs of Carver High School and Teentown Center. The Mayor then read a letter from Budd Hulick, on behalf of the Management and Staff of W.P.T.V., expressing appreciation for the fine response from Delray Beach on the recent "SALUTE TO DELRAY BEACH", and special recognition of the orgmnization skill of Mrs. Midge Archer, Chairman of the Chamber of Commerce Coffee Club, and Bill, Archer - T.V. Presentation planning without which this "SALUTE" would have been most difficult to present. City Attorney Harry T. Newett advised the Council of his com- mitment to the U. S. Army Reserve Camp, which will cause him to be away from the llth of August through the 26th, but would take steps to provide a substitute to function during his absence. The City Attorney further informed the Council that a Public Hearing, concerning the validation of the proposed Water Revenue Certificate Issue, has been set-up for 9:30 A.M. August 8th, 1957, in the office of Judge Joseph S. White. City Attorney Newett also advised the Council that he had re- ceived a letter from the Attorney General regarding possible assess- ment of lands benefitting by improvements made by the City, which did not furnish the desired information, whereupon Commissioner Strong moved that the City Attorney arrange to confer with the Attorney Gen- eral, in Tallahassee, to clarify the issue, prior to continuing on to his Army Reserve Training Station. Motion was seconded by Com- missioner M. K. Holland and unanimously carried. The City Attorney agreed that such arrangement could be effected. Mr. Ralph Knutsen informed the Council of the Pony League Dis- trict 7 Play-0ffs program which starts with the initial game on Mon- day, July 29th, at 8:00 P.M., on the grounds of the Pony League - West Atlantic Avenue, and requested the support of all by attend- ance and, further, invited Mayor Warren to "Pitch" the first ball. City Manager Lawson submitted Bills for approval in the amount of $41,754. 211 JULY 22nd, 19~7. Commissioner Strong moved that said Bills, amounting to $41,754. 65 be paid subject to the approval of the Finance Committee. Motion seconded by Commissioner Campbell and unanimously agreed. City Attorney Newett informed the Council that the State of Florida recently passed a Law pertaining to Operational Control of Bicycles which will be studied by Police Cheil Croft, the Jay Cees and himself, for application and adoption. The City Manager read 0RD. INANCE ~{0 G-263. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELI{AY BEACH, FLORIDA, ANNEXING TO THE CITY THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO T~ EXISTING MUNICIPAL LIMITS OF SAID CITY OF OF DELRAY BEACH. SAID LANDS BEING AND CON- STITUTING THAT CERTAIN PROPOSED SUBDIVISION KNOWN AS "TROPIC ISLE HARBOR SHOPPING CENTER," ACCORDING TO A PROPOSED PLAT THEREOF TO BE RE- CORDED IN THE OFFICE OF THE CLERK OF THE CIR- CUIT COURT IN AND FOR PALM BEACH COUNTY, FLORIDA: AND PROVIDING FOR THE ZONING AND TAXATION OF SAID LANDS. WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that the hereinafter described land is contiguous to the existing municipal boundary lines of the City of Delray Beach, Palm Beach County, Florida; and WHEREAS, NORTH TROPIC ISLES, INC., a Florida Corporation, is the sole fee simple title holder of the property described herein, and said Corporation has heretofore by its Petition for Annexation, as revised, consented and given permission for the annexation of said property by the City of Delray Beach; and WHEREAS, the City of Delray Beach, Florida, has heretofore been authorized to annex lands in accordance with its charter granted it by the State of Florida; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, as follows: SECTION 1. That the City Council of the City of Delray Beach, Palm Beach County, Florida, does hereby annex to said City the follow- ing described tract or parcel of land located in Palm Beach County, Florida, which lies contiguous to the existing boundaries of said City, to-wit: The tract of land lying and being in Sections 32 and 33, Township 46 South, Range 43 East, Palm Beach County, Florida, shown hereon as TROPIC ISLE HARBOR SHOPPING CENTER, and more particularly described as follows, to-wit; Beginning at the intersection of the north line of said Section 32 with the easterly right of way line of State Road No. 5, as shown on plat recorded in State and county Road Plat Book 2, Page 73, Public Records of PaLm Beach County, Florida; thence Easterly along the north line of said Section 32, a dis- tance of ]?[~.28 feet more or less, to the north- east corner of said Section 32; thence easterly, along the north line of said Section 33, a dis- tance of 469.59 feet; thence southerly, making an angle with said section line, measured from West to south, of 90° 101 35", a distance of JULY 22nd, 1957. 662.06 feet to a point in the south line of the north half of the northwest quarter of the northwest quarter of said Section 33; thence westerly, along said south line, a distance of 469.9 feet, more or less, to the southwest corner of the north half of the northwest quarter of the northwest quarter of said Section 33; thence westerly, along the south line of the northeast quarter of the north- east quarter of the northeast quarter of said Section 32, a distance of 470.77 feet, more or less, to a po~t in the easterly right of way line of said State Road No. 5, as referred to herein, said point being in the arc of a curve concave to the east and having a radius of 22, 996.3 feet; thence northerly, along the arc of said curve, a distance of 26.42 feet to the end of said curve; thence northerly, along the tan- gent of said curve, and alson said easterly right of way line of said State Road No. 5, a distance of ~43.~ feet, more or less, to the point of beginning. SECTION 2. That the boundaries of the City of Delray Beach are hereby redefined so as to include therein the above described tract of land, and said lands are hereby declared to be in the corporate limits of the City of Delray Beach, Florida. SECTION 3. The property hereinabove described and herein annexed to the City of Delray Beach, Florida, shall not be taxed for ad-valorem taxes in excess of an annual tax of $10.00 per busi- ness lot as shown on said prop~osed plat of TROPIC ISLE HARBOR SHOP- PING CENTER, for ten years from the date of the enactment of this ordinance. In the event, however, any such let is sold, transferred or otherwise disposed of by North Tropic Isles, Inc., or in the event any building is constructed on any lot, then such lot Shall be sub- ject to normal taxation, including the bonded indebtedness, of the City of Delray Beach, Florida. SECTION 4. The property hereinabove described and herein annexed to the City of Delray Beach, Florida, is taken into siad city under the following zoning regulations and conditions: (a) Business "C-l" District applicable to all lots and blocks, except the following uses shall also be permitted; agencies, such as employment; insurance; auditoriums; blueprinting; photostats and the like; business colleges; cafeterias; department stores; dress- making shops; dry-cleaning, pressing, blocking and dyeing establish- ments; Electric light and power companies; express companies; grocery stores, retail only; hospitals; hotels; night clubs; of- lice buildings; package stores; post office sub-stations; private clubs; public stenographers; retail stores and shops; sales and show rooms; telegraph station; telephone office; theatres; and watch repairing; notwithstanding the fact that the same may differ or deviate from the business classifications now permitted in a "C-l" district by the Zoning Ordinances of Delray Beach. (b) The water mains to be installed in said area by the de- veloper (but not the service connections to private property) shall forthwith on installation become the property of the City of Delray Beach, Florida, said City shall furnish water to the inhabitants of said property at the same rates charged to other water consumers in the City of Delray Beach, Florida. (c) That the City of Delray Beach shall pay to Tropical Isle Development Co., one hundred per cent (100%) of the Water revenues received by the city from the lands shown on the plat of Tropic Isle Harbor Shopping Center, in accordance with and under the limitations provide~ in the "Petition for Annexation by the City of Delray Beach, JULY 22nd, 1957 Florida, submitted by Tropical Isles Development Co., as amended by "Amendment to Petition for Annexation by the City of Delray Beach, Florida" dated July 9, 19~6; approved by the city Council by Reso- lution No. 1018 adopted July 14, 19~6. SECTION 5. That, if any word, phrase, clause, sentence or part of this Ordinance shall be declared illegal by a court of com- petent jurisdiction, such record of illegality shall in no way affect the remaining portion. PASSED in regular session on the second and final raading on this the 22nd day of July, A.D. 19~7. (SEAL) /S/ George Vf_W~rre,~ Mayor ATTEST: /_S/ R. D~ Worthing ... City Clerk 1st Reading July 8, 1957 2nd Reading July 22, 1957 Commissioner R. J. Holland moved that Ordinance No. G-263 be passed and adopted on this the second and final reading. Motion was seconded by Commissioner Strong and upon Call of Roll - Com- missioners R. J. Holland, C. E. Strong, M. K. Holland and Mayor Warren voted in favor thereof, Commissioner Campbell abstaining. City Manager Lawson then read 0R~INANCEN0. G-264. AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO THE FIRE DEPARTI~ENT, FIRE PREVENTIONAND FIRE REGULATIONS IN SAID CITY: AMENDING SECTION 14-1 OF THE CODE OF ORDINANCES OF SAID CITY BY PROVID- ING FOR ADOPTION OF THE 1956 EDITION OF THE FIRE PREVENTION CODE RECOMMENDED BY THE NATIONAL BOARD OF FIRE UNDERWRITERS. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. Chapter 14, section of the Code of Ordinances of the City of Delray Beach, Florida, is amended to read: Sec. 14-1. ADOPTION OF THE FIRE PREVENTION CODE. There is hereby adopted by the city for the purpose of prescribing regulations governing conditions hazardous to life and property from fire or explosion, that cer- tain code known as the Fire Prevention Code recommended by the National Board of Fire Underwriters, being part- icularly the 19~6 edition thereof and the whole thereof, save and except such portions as are hereinafter deleted, modified or amended, of which code not less than three copies have been and now are filed in the office of the clerk of the city and the same are hereby adopted and incorporated as fully as if set out at length herein, and from the date on which this article shall take ef- fect, the provisions thereof shall be controlling with- in the limits of the city. 214 JULY 22nd, 1957. Section 2. Chapter 14, section 5 of the Code of Ordinances of the City of Delray Beach, Florida is amended to read: Sec. 14-~. ESTABLISHMENT OF LIMITS IN WHICH BULK STORAGE OF LIQUIFIED PETROLEUM GASES IS TO BE RESTRICTED. The limits referred to in section 19.06a of the Fire Pre- vention Code, in which bulk storage of liquefied petroleum gas is restricted, shall be in accordance with the zoning ordinances. PASSED in regular session on the secnnd and final reading on this the 22 day of July, A.D. 1957. (SEAL) ,,,/S/, Ge, orge V,..,,, W, arr~en ...... Mayor ATTEST: .. /S/ R. D. Wot.thin.~ City' Clerk 1st reading July 8, 1957 2nd reading July 22, 1957 Commissioner Strong moved that Ordinance No. G-26~ be passed and adopted on this the second and final reading. Commissioner Campbell seconded the motion which carried unanimously. The City Manager then read ~RD.IN~NCE NOt G-266.... AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REGULATING AUCTIONS AND AUCTIONEERS: REQUIRING PERSONS CONDUCTING AUCTIONS TO OBTAIN A LICENSE: AND PRESCRIBING PENALTIES FOR VIOLATIONS OF ITS PRO- VISIONS. BE IT ORDAINED BY THE COUNCIL OF THE CITY OF DELRAY BEACH: Section 1. DEFINITIONS. When used in this ordinance, unless the con't~t" oth'e~i"s"e requi~'es: (1) The terms "sell at auction", "sale at auction", "sell at public auction" and "auction sales" and terms of similar import shall include not only such sales as are conmummated on conclusion of the bidding but also effers to sell at auction and sales or offers to sell at auction which are conditioned for any reason on the approval or election by the buyer or seller, or both, to be exercised at a later time or date. (2) The terms "person" or "applicant" or "licensee" are hereby declared to include any individual or individuals, co- partners, corporations or associations; wherever a statement or act is required to be made or done by a corporation the same shall be effected by its duly authorized officers; the use of the singular shall be deemed to include the plural, as well; the masculine shall be deemed to apply also to the feminine. Section 2. SCOPE. It shall be unlawful for any person to be engaged fn' the business of selling at public auction, or employ or be an auctioneer of diamonds, or any other precious or semi- precious stones, or imitations thereof, watches, clocks, jewelry, and gold, silver or plated ware, unless said person shall have an effective unexpired and unrevoked license authorizing the same, and each such auctioneer shall have a license or permit, all JULY 22nd, 19~?. issued pursuant to and under the provisions of this Ordinance. This Chapter shall be applicable to all auction sales of said types of goods; however, nothing in this chapter shall be construed to apply to any common carrier or public warehouseman selling unclaimed or undelivered freight or goods where the same is held for freight or storage charges, or to apply to any sale made under the laws of the United States, the State of Florida or the city requiring or permitting any property to be sold at public auction. Section 3. ISSUANCE AND .REVO.C?TION OF LICENSE. (a) The tax assessor is hereby authorized to grant, or nenew, an auctioneer's license for a period of time not exceeding one year to any person applying therefor on a form to be Provided by tax as- sessor upon payment by the applicant of the fees provided for in Chapter 16 of the Code of Ordinances of Delray Beach, and the filing by the applicant of the bond required by Section ~ of this ordinance. (b) The form on which application shall be made for an auc- tioneer's license shall require the following information: (1) Name of applicant. (2) Residence and business address of the applicant. (3) The length of time for which an auctioneer's license is desired. (4) A statement as to whether or not the applicant holds, or has held an auctioneerts license from any state, municipality, governing body or licensing authority; a list of such licenses and a statement of the time, place and by whom issued; a statement as to whether any state, municipality, governing body or licensing authority has ever refused to issue or to renew an auction- ~er~s license to the applicant together with a full and accurate statement as to the reasons for any such refusal; and a statement as to whether any state, municipality, governing body or licensi-ag authority has ever revoked an auctioneerfs license held by the applicant together with a full and accurate statement as to the reasons for any such revocation. (~) A statement as to whether or not the applicant has ever been convicted of any crime, raisdemeanor, or violation of any municipal ordinance, and, if so, the nature of the offense and the punishment or penalty assessed there- for. (6) A photograph of the applicant, taken within 60 days immediately prior to the date of the filing of the application, which picture shall be 2" by 2" showing the head and shoulders of the applicant in a clear and distinguishing manner, except that tax assessor may waive this requirement with respect to an appli- cation for renewal of an auctioneerfs license by an individual holding an unexpired auctioneer's license issued under this ordinance who has in a previous application under this ordinance complied with this requirement. (7) The fingerprints of the applicant and the names of at least two reliable property owners of Delray Beach, Florida, who will certify as to the applicant's good moral character and business responsibility, or in lieu of the names or references, any other available evidence as to the good moral character and business responsibility of the applicant as will enable an in- vestigator to properly evaulate such moral character 216 JULY 22nd, 19~7. and business responsibility, except that tax assessor may waive this requirement with re- spect to an application for ~enewal of an auctioneer'ts license by any individual holding an unexpired auctioneer's license issued under this ordinance who has in a previous application under this ordinance complied with this requirement. (c) Before issuing an auctioneer's license to any indivi- dual applying therefor, the tax assessor shall refer the applica- tion to the City Manager who shall cause to be made such investi- gation of the applicantts moral character and business responsi- bility as he deems necessary for the protection of the public good, except that City Manager may waive this requirement with respect to an application for renewal of an auctioneer's license by any individual holding an unexpired auctioneerts license issued under this ordinance if an investigation of such applicantts moral character and business responsibility has previously been made under this section in connection with a prior application for an auction- eel's license under this ordinance. The City Manager shall cause the investigation herein provided for to be made within a reasonable time and shall certify to tax assessor whether or not the moral character and business responsibility of the applicant is satis- factory. (d) An auctioneer's license may be revoked by City Manager, or an application for issuance or renewal of such license may be refused by City Manager, if he determines, after notice and hearing; (1) That the applicant or license-holder is not an individ- ual of good moral character and business responsibility; or (2) That the application of the applicant or license- holder contains any fales, fraudulent, or misleading material statement; or (3) That the applicant or license-holder has made any false, fraudulent, or misleading material statement in the course of conducting an auction sale of, or in offering for sale at auction, any real or personal property (goods, wares, or merchandise) in the City of Delray Beach; or (4) That the applicant or license-holder has perpetrated a fraud upon any person whether or not such fraud was perpetrated in the conduct of an auction in the City of Delray Beach; or (5) That the applicant or license-holder has violated any of the statutes of the State of Florida relating to auctions or auctioneers; or (6) That the applicant has been convicted of any crime or miSdemeanor involving moral turpitude; or (7) That the applicant or license-holder has conducted an auction sale of, or offered for sale at auction, any real or personal property (goods, wares, or merchandise) in the City of Delray Beach in an un- lawful manner or in such a manner as to constitute a breach of the peace or a menace to the health, safety, or general welfare of the public. (e) Notice of the hearing provided for in sub-paragraph (d) above shall be given in writing to the applicant or license- holder as the case may be. Such notice shall be mailed, postage prepaid, to the applicant or license-holder as the case may be at his last known address at least five days prior to the date set for hearing. The applicant or license-holder as the case may be shall have the right to be represented at such hearing by council. JULY 22nd, (f) Any individual aggrieved by the action of the City Manager in refusing to issue any license or in revoking any license or spec- ial permit already issued shall have the right to appeal to the City Council of the City of Delray Beach. Such appeal shall be taken by filing with the Council, or person designated by it, within fourteen days after notice of the action complained of has been mailed, post- age prepaid, to such individual's last known address, a written state- ment setting forth fully the grounds of appeal. The Council shall set a time and place for a hearing of such appeal and notice of such hear- ing shall be given to the appellant in the same manner as provided in sub-paragraph (e) above. The appellant shall have the right to be re- presented at such hearing by counsel. The decision and order of the Council-on such appeal shall be final and conclusive. Section 4_? LICENSE FEES. The fees for an auctioneer's li- cense shall be as provided in Chapter 16, Code of Ordinances of Delray Beach. Section 5. BOND REQUIRED. The Tax assessor shall, as a con- dition ~r'~e"~en't to~ the granting of the license to engage in the auction business, require the applicant to enter into a bond to the City of Delray Beach, executed by a Surety Company duly authorized to do business under the laws of the State of Florida; said bond to be ~approved by the City Manager of the City of Delray Beach, and to be in the sum of $~0,000.00, conditioned for the due observance of all such ordinances of the City of Delray Be a ch, as are in force or may be passed respecting the conduct or operation of the auction business, at any time during the continuance of such business, for the performance of all duties, the rendition of all accounts and payment of all moneys required by law to be paid, and also condit- ioned for the payment to any person who shall be defrauded or suffer loss by reason of the violation by such auction business owner or any employee thereof or any of the provisions of this ordinance, or State law, or any other ordinance that may hereafter be required. Said bond shall be for the protection of persons and property, and for the preservation of the safety and property of the municipality and its inhabitants, and as may now or hereafter be required by any State law or municipal ordinance or regulation. Section 6. LOCATION. The license required by Section 2 of this c~kpter' s~ll Spe'cif¥ the location within the city at which such auction is to be conducted and it shall be unlawful for any licensee, his agent, servant or employee to conduct any such auC- tion any place within the city other than that specified in such license or without having first paid such license fee and obtained such license. Section 7. HOURS. It shall be unlawful for any licensee, his ag'e~t, servant, or'employee to conduct any such auction sale as is mentioned in Section 2 of this chapter between the hours of 6:00 P.M. and 8:00 A.M., or on Sundays, providing, however, that conditional or provisional sales as provided in Section 13 of this chapter may be conducted to the hour of ll:30 P.M. on week-days. Section 8. RECORDS. RE~IRED. Every individual or corpor- ation o~e~atin'g a p~b~'ic auction business shall keep books in which shall be described and inventories in a clear, legible manner, all goods received at such establishment; the date of receipt; the name and place of business of the person or concern on whose account they are to be sold; the cost price to the licensee if purchased by him or consigned to him for purposes of sale, together with the name and address of the vendor, the names and addresses of the pur- chasers at the auction; the dates sold and the prices paid by the said purchasers, together with a description of each article so sold. Said books shall be open to inspection, at all times, by the licensing authority or its duly authorized enforcement officers only. 215 JULY 22nd, 19~7. Sec~tion 9. MERCHANDISE-TAG required to be attached; in- format'i'on req'ui~ed. ' ..... t (a) No person shall sell at public auction any of the classes of articles specified in Section 2 hereof unless at the time the article is offered for sale at auction there is securely attached to each such article or a container provided for it, a tag or other label upon which shall be plainly written or printed in the English language a true and correct statement of the kind and nature of the material of which such article is made or composed, and the percent- age of karat of purity of such material or metal; and in case such articles are plated or overlaid, then such tag or label shall contain a true statement of the kind plate and the percentage of such plating and the kind of material or metal covered; and when precious or semi- precious stones are so offered for sale such written statement shall set forth the true name, weight, quality and fineness of such stones, and imitations shall be described in such writing as such; and when watches or clocks are so offered for sale, the true name of the manu- facturer shall be stated in such writing, and if any part or parts of the movements or mechanism of such watches and clocks shall be substituted the tag or label shall so state; neither shall second- hand, old or used watch or clock movements be so offered for sale in new cases without a true statement on the tag or label to that ef- fect; nor shall watches be so offered for sale in different cases or attached to different bracelets than those furnished by the manu- facturer for each such article, without a true statement on the tag or label to that effect. (b) In case the auctioneer offering for sale at auction any of the articles described in Section 2 hereof shall, at any time prior to the completed sale of the same, state the value of the article, such stated value shall be evidenced in writing on the tag or label delivered to the purchaser as is hereinafter provided for such de~ livery, or it shall be stated in writing in the manner aforesaid on a sales ticket or other memorandum of sale delivered to the purchaser immediately after the successful and final bid on the article is made. (c) Such tag or label referred to above shall remain securely attached in the manner above provided and shall be delivered to the purchaser at the time of the delivery of the article purchased as a true and correct description and representation of such article or articles sold conditionally or absolutely and it and the stated value ~memorandum shall be deemed prima facie evidence of intent to defraua the pruchaser thereof in case any such written statement on such tag or label or stated value memorandum is not true. (d) Each tag or label referred to above shall be numbered. Section 10. CONDITIONS. It shall be unlawful for any licensee, '~is' ~gent, servant 'or employee to do the following; (a) To accept anything other than bona fide bids; and said auction sales are to be so conducted as to dispose of merchandise to the highest bidder. (b) For any auctioneer, in describing goods that are being auctioned, to directly or indirectly, by verbal or written state- ment, or advertisement, make any false representations as to the character, quality, condition, value or ownership of said goods, or falsely represent that such goods, are in whole or in part, bankrupt or insolvent stock, or damaged goods, or goods saved from fire, or to in any way or manner violate any of the provisions of the laws of the State of Florida and City of Delray Beach. (c) For any auctioneer, clerk, helper, owner, agent or em- ployee to give, award, bestow, or deliver any gift, prize, or pre- mium to any person attending any auction sale, regardless of the manner or method used therein. 219 JULY 22nd, (d) To switch, fob or exchange any article sold to a customer at public auction, unless the article to be given in exchange shall be sold by puclic outcry at a regularly conducted auction sale. (e) To sell watches or clocks with new cases but with old works, or to remove or substitute works or any parts, or to sell second-hand goods for new, unless the auctioneer, before offering such articles for sale, shall clearly state such substitution, removal, or that such articles are used or second-hand. (f) For an auctioneer to improperly urge, persuade or force, in any manner whatsoever, the purchaser to bid for special reasons or any purpose other than his or her personal desire to obtain the article by clearly indicated bid. (g) For an auctioneer to refuse at any time to identify the last bidder to a duly authorized enforcement officer of the munici- pality. (h) For any person holding an auction license to use or em- ploy an individual as an auctioneer, if said auctioneer has not obtained an auctioneer's license as provided for by this ordinance. (1) To offer more than one article at any one time unless so offered prior to the initial bid. (j) To represent article to be guaranteed by the manufacturer or the owner unless man~ufacturer's or owner's guarantee accompanies the article. (k) When an auctioneer has a number of the same kind of ar- ticles to be sold and wishes to dispose of each of them at the amount at which the first is sold, he shall make an announcement to that effect prior to opening the sale of the first article. (1) To offer an article in a carton, package or other con- tainer commonly known as a blind article unless prior to offer it is announced that the highest bidder may reject article if not satisfactory to him. (does not refer to an auction of articles in bulk where a sample is displayed and balance of articles are re- presented to conform with saw,pie). (m) To use a loudspeaker outlet located within ten feet of any entrance or exit or which is beamed in any direction except away from said entrance or exit. In any event loudspeaker ap- paratus must not attract attention from outside auction premises. (n) To accept as an exchange any article knocked down to a successful bidder. The article knocked down must be delivered to the bidder or, if the auctioneer is wil~ing and at the bidder's election, the purchase price refunded in full. No other article may be offered to said bidder as a substitute or replacement. Such refund shall take place within 30 days or may be applied as part payment or payment for an~ other article purchased at auction by the same bidder. (0) To use window signs or posters or other forms of adver- tisin~ media, which shall in any way misrepresent the source or quality of the merchandise to be sold. S~c_tion ll, It shall be unlawful for any auctioneer to en- gage in what is commonly called "barking","bally-hooing", "ring- ing of bell" or the use of any other noisy device, or entertain- ment of any kind to attract the attention of the people passing the place where the auction is being conducted, to enter the place of business. No auctioneer shall cry or call bids or solicit busi- ness by any means whatsoever, unless he be standing at least twenty (20) feet from the sidewalk entrance to the establishment. Section 12~ It shall be unlawful for any auctioneer to use or emploY' or permit to be used or employed, what is commonly 220 JULY 22nd, 1957. called as "Capper" or "shill" or fake bidders. Section 13. CONDITIONAL OR PROVISIONAL SALES. All public auctions of items p~o~'ided in Section 2' o~' this' chapter sold after 6:00 P.M. conditionally or provisionally shall be sold upon the following terms and conditions: (a) The auctioneer will inform and advise all prospective or potential purchasers, prior to offering any article for sale, of the conditions or provisions subject to which any proposal or offer to buy such article is to be accepted by the auctioneer. (b) All auctioneers shall permanently display at all times in their place of business, a notice, sign, or bulletin in and by which propsective or potential purchasers shall be effectively and adequately informed and advised of the auctioneer's methods of do- ing business. (c) All auctioneers shall furnish and deliver to each pro- spective or potential purchaser, whose conditional or provisional proposal or offer to buy any article offered for sale by the auc- tioneer shall have been accepted, of an article sold for fifty dollars or more, or upon request, regardless of sale price, a written or printed memorandum in and by which the auctioneers shall legally and effectively bind themselves contractually to refund to the purchaser the full amount of any money conditionally or pro- visionally paid as, or on account of, the purchase price of the article if and in the event the purchaser, at any time within thirty days after the submission of such conditional or provisional proposal or offer to buy, with or without the assignment of any' reason or excuse for doing so, shall re-deliver such article to the auctioneer and request such refund. Section 14. LICENSE AGREEMENT. Any application for a license or permit un'der 'the 'ter~s"'o'f this""o'r'~inance and the acceptance of such license or permit shall be taken as an agreement by the licensee or permittee to abide by all the terms and provisions of this ordi- nance, and to be bound thereby. Section 15. The City Manager may, upon his own motion, or upon t'~e' complaint, in writing, of any person, investigate the act- ions of any licensee; and said City Manager, as aforesaid, shall have tile power to suspend, for the unexpired portion of the license period, or for a period less than the unexpired portion of the licensed period, or to revoke any license issued under the provis- ions of this ordinance, where the licensee, in performing or attempt- ing to perform any of the acts mentioned herein, is deemed to be guilty of: (a) making any false promise or misrepresentation; (b) pursuing a flagrant and continued course of misrepresentation or the making of false promises through agents, salesmen, advertisements or otherwise; (c) failUre to account for or to pay over any moneys belonging to others, coming into the possession of the licensee; (d) any conduct which demonstrates unworthiness, incompetency, bad faith, dishonesty; or (4) for the violation of any of the provisions of this ordinance. Section l~. In addition to any penalty herein provided, any person,' whe't~r''~eller or auctioneer, auctioneer's helper or as- sistant, false bidder or "capper", or owner or owners of any stock of goods so offered for sale, convicted by the Municipal Court of Delray Beach for the violation of any provision of this ordinance, shall upon conviction thereof, for each offense, be punished by a fine not to exceed Five Hundred Dollars ($500.00) or ninety days imprisonment in the City Jail, or both. Section l?. If any provision of this ordinance is declared or held to"b'e 'un$"onstitutional, no other portion of the ordinance shall be effected ~h~reby, but the unconstitutional provision shall be exscinded; and the remaining provisions of this ordinance shall con- tinue in force. 221 JULY 22nd, 1957. Section 18. All ordinances or parts of ordinances inconsis- tent with 'the terms of this ordinance be and the same are hereby repealed to the extent of such inconsistencies. PASSED AND ADOPTED this 22nd day of July, A.D., 1957. (SEAL) ,./S/ George y. Warre~ ,, M A Y 0 R ATTEST: ZS/ R. D. Wor_bhing City Clerk First Reading July 8, 1957. Second Reading July 22, 1957. PASSED & ADOPTED July 22, 1957. Commissioner R. J. Holland moved that Ordinance No. G-266 be passed and adopted on this the second and final reading. Motion seconded by Commissioner Campbell and unanimously agreed. City Manager Lawson read .~RDINAN.CE .N0...G-26~. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE ASSESSMENT ROLL SUBMITTED BY THE CITY ~NAGER OF SAID CITY, CONCERNING THE OPENING, GRADING AND PAVING THAT PART OF SOUTH EAST FIFTH STREET EASTERLY FROM THE EAST-RIGHT-OF-WAY LINE OF U. S. NO. 1 (FEDERAL HIGHWAY) A DISTANCE OF THREE HUNDRED AND SEVEN FEET. Commissioner Strong moved that Ordinance No. G-267 be placed on first reading. Motion seconded by Commissioner M. K. Holland and unanimously carried. The City Manager informed the Council that final preparation of the ordinances regulating subdivisions, swimming pools and signs, has been delayed due to not yet having received the Planning Board,s recommendation pertaining to same. City Manager Lawson then read 0PdD. INANCE NO. G-2~.8. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND LOCATED IN PALM BEACH COUNTY, FLORIDA, AND LYING CONTIGUOUS TO THE EXISTING MUNICIPAL LIMITS OF SAID CITY OF DELRAY BEACH: PRESCRIBING THE LIABILITY OF SAID PROPERTY FOR MUNICIPAL TAXATION, AND GIVING THE CITY OF DELRAY BEACH JURIS- DICTION, POWER AND AUTHORITY OVER THE TERRITORY EMBRACED IN SAID ANNEXATION AND PROVIDING FOR THE APPLICATION OF THE RES0- LUTION, LAWS AND ORDINANCES OF THE CITY OF DELRAY BEACH, TO SUCH ANNEXED TERRITORY. Commissioner Campbell moved that Ordinance No. G-268 be placed on first reading. Motion seconded by Commissioner Strong and unani- mously carried. 222 JULY 22nd, 1957. The City Manager advised the Council that the Contractor has been delayed but will start construction of the N. W. Sth Avenue sidewalk today. The Manager further informed the Council that the Florida League of Municipalities will convene in Daytona Beach, on November l?th, 18th and 19th, and is conducted, principally, for Municipal Government officials and representatives. Consideration and execution of the Smith & Gillespie Agreement pertaining to their over-all Contract concerning the proposed new Water Plant and Distribution System, was deferred until next meeting, pending the outcome of the Public Hearing on the Certificate Issue, scheduled for August 8th. Dade Commonwealth Mortgage Company were granted use of the Council Chamber for Thursday, August 1st, 19~?. MEETING ADJOURNED. /S/ R.O. W,0rthing, , , City Clerk APPROVED: