09-09-57 E47
SEPTEMBER 9TH, 1957.
A Regular Meeting of the City Council of Delray Beach, Florida, was
held in the Council Chambers in the City Hall, at 7:$0 P.M., with Mayor
George V. Warren in the chair, City Manager W. E. Lawson Jr., City Attorney
Harry T. Newett and the following Commissioners being present, Col. Dugal
G. Campbell, Mr. R. J. Holland, Mrs. Martha K. Holland and Mrs. Catherine
E. Strong.
An opening prayer was delivered by Chaplain James T. Hayes.
Commissioner Campbell moved that the Minutes for the meetings of August
~-6th and $0th he approved as written. Motion was seconded by Commissioner
Strong and unanimously agreed.
Concerning the proposed N. E. Second St. Improvements, City Attorney
Newett informed the Council of discussions with the Attorney General, in
Tallahassee, relative to the legality of properties being assessed a
second time for Street, Drainage and Sewer Improvements for special
benefits, and read the following 'opinion' dated August 19th, received
from the Attorney General's Office:
"In reply to your letter of July 25,.1957, and with further reference
to our opinion of July 18th, 1957, (057 206), you raise the question of
whether assessments for special benefits by reason of improvements are
within the equal and uniform provision of section 1, article IX, of the
state constitution.
Your attention is directed to Edwards v. Ocala, 58 Fla. 217, 50 So.
521, where it was held that the constitutional requirement for muniform
and equal rate of taxationm has no application to municipal street im-
provement assessments. The provision refers to ad valorem taxes and not
special assessments (Miami Beach College Corporation v. Tomlinson, 143
Fla. 57, 196 So. 608).
Although the requirement of said section one for uniformity and equality
has no application to special assessments, they must be so imposed that
the burden on each parcel of land will bear its just proportion te the
assessments imposed on all other property similarly situation (Whitney
v. Hillsborough county, 99 Fla. 628, 127 S. 486). As to drainage assess-
ments see Lainhart v. Carts, 75 Fla. 735, 75 So. 47 and Bannerman v. Carts,
80 Fla. 170, 85 So. 356, Special assessments must be based on benefits
(New Smyrna District v. Esch, 105 Fla. ~-4, 158 So. 49).
Special assessments are benefit taxes and before they may be levied
there must be an ascertainment of benefits of the properties benefited
and if there are no benefits, no assessments may be levied. Assessments may
not exceed benefits. Where some of the properties in the assessments
district or area are benefited by the improvement more or less than are
other properties, the assessment may not be the same on all such properties.
We are inclined to think that under your charter where improvements
may have been made in the past that the benefits of the new or additional
improvements, notwithstanding assessments for past benefits, are assess-
able, to be determined, however, by the actual additional or new benefits.
Your statement concerning possible agreements between the city council
and certain property owners as to assessments for extensions, etc., raised
questions of possible contractual relations by reason of the premise
mentioned. 'l~ere are many questions that might arise in this connection,
such as the power of the city council, the sufficiency of the contract
under the statutes of frauds, etc. We can give you little assistance
under the limited information available to us concerning these possible
agre eme nt s.
Most of these questions were discussed with you by Mr. Burns and Mr.
Kelly when you were in the office the other day.'
Sincerely,
/S! Richard W. arvin
Attorney General
The City Attorney further informed the council that Mr. Roy Weber, of
Brockway, Weber & Brockway, has agreed to review both drainage improve-
ments, the 1951 improvement and assessment and the currently proposed
drainage improvement, both in the general area of N. E. 2nd Street,
though the 1951 project was aCtually the N. E. 1st Street Drainage Im-
provement, and will seek, with the aid of all known facts and established
data, to determine what properties will benefit additionally from the
presently proposed drainage improvement over and beyond benefits derived
from the 1951 drainage project, for whi~ they were ~ssessed.
Commissioner Campbell moved ~hat this ~tter ~tahled until ~he
next regular meeting. ~ion seconded hy Co~issioner R. J. H~lland
and unanimously ~rried.
~yor Warren infomed ~he audience o~ havin~ ~de arran~eaen~s
for the entire council t~ he present this evening, callin~
Oo~issioners ~. J. Holland and ~rtha [. Holland ~rom a va~ion
trip, in reco~ition o~ ~he p~lic's interest in ~he pro~sed ~d-
ge~ for 1957-1958 and its final acceptance.
Mr. George Taler Jr., expressed deep concern over so drastic
reduction in the allotment for the ~a~r of Co~erce in com~rison
with reduced allo~ents for ~her de~rtments, and felt that recon-
sideration of the pro~sed Chair's ~dget allotment should ~ ~de.
Mr. Paul S~ioher co~en%ed on previous co~ittments by %he Li-
bra~ Association which will ~ diffi~lt-to ~lfill in view of the
=eduction of the Library's allocation as might the general o~ration
and antici~ted pro,ram for the ensuing fis~l year and was infomed
~ Co~issioner C~phell that %he council had reduced the ori~inal
pro~sed reduction to reflect an allotment com~rable to the ~oun~
shown in ~he current ~dget expiring on Septe~er ~Oth, 1957, and
further cited the im~r~ance of the Lihra~'s high standards and
functions and ho~d that all persons would consider and give thought
to this most necessa~ o~ration this coming year.
Co~issioner Camp~ll then moved for adoption of Resolution
1068, as s~itted and read by City ~nager ~wson:
R~OL~ION NO. 1068.
A R~OLUTION ~ING APPROPRIATION OF S~ OP MON~ FOR ~ NEC~Y
EXPENDI~ OP ~E CI~ OF DE~Y B~, ~RIDA, FO~ ~E P~IOD
FgOM ~E 1ST DAY OP ~B~, 195~, TO ~E ~0~ DAY OF SE~~,
1958; TO P~IBE ~ T~, CONDITIO~ ~ ~OVISIONS WI~
PECT TO ~E ITE~ OP APPROPRIATION AND ~EIR PA~E~; AND ~
REPEL ALL R~OL~IO~ ~OLLY IN CONFLICT WI~ ~IS R~OL~ION,
AND ALL R~OL~IO~ INCONSISTENT WI~ ~ R~OL~ION TO ~
E~ENT OP SU~ INCONSISTEN~ AND TO L~ A T~ ON ALL
TI~ WI~IN ~E CI~ OP DELRAY BEACH FOR ~I~ENANCE AND OP~-
TION, AND TO ~ A T~ PO~ ~E PAINT OF P~INCIP~ AND INT~T
ON ~NDED INDE~EDNE~ AGAINST ~E PROP~ ~ATED IN ~E PO~
CI~ OF DE~Y, AND ~ ~ATE AND ~PROPRIATE SAID COLLECTIONS
~EUNDER.
~TIC~ I SENEGAL ~D
~TI~TED E~ENDI~:
Legislative ~, ~50.00
~ecutive
Judicial 2,095.00
Elect ions 42 5.00
De~rtment of Finance 54,0~5.00
De~rtment of ~w 4,000.00
Advisory ~rds ~ Offices
De~rtme~ of ~lic Safety
De~rtment of ~lic Works 260,888.00
Charities --
Libraries 24,980.00
De~rtment of Recreation 155,60~.00
Non-De~r~ental-Mis cellaneous ~5,880.00
Transfers 6~, 640.00
Debt Service 8,5,, 800.,.0Q
T~AL ~PENDIT~ ~972,455.00
~TI~TED R~E~E
~eneral Pro~rty Taxes 561,900.00
Franchise Tax 41,050.00
Utilities Cons. ~ Serv. Taxes 91,000.00
Licenses ~' Pe~its-street ~e 9,900.00
~siness 61,000.00
S~PT=,'~ER 9th,
Non-Business 16,450.00
Pines & Forfeitures, 23,025.00
Revenue from use of Money & Prop. 1,100.00
Revenue from Individual & Other
Agencies 114,500.00
Sales & Charges for Current
Services-General Gov't. 1,105.00
I~mblic Safety ~., 215.00
Highways ;250.00
Sanitation & Waste Removal 45,050.00
Health & Welfare 500.00
9ecreat ion 5,700.00
Sale & Recover~ for Loss of
Property 500.00
Contributions & Transfers from
Other Punds 12,000.00
Unappropriated Surplus ---/~0-00 )
TOTAL REVENUE $972.455.00
GlaND TOTAL GENERAL FUND ~;97_2,455.00
~IC.LE .II. WATER FUND
ESTIMATED EXPENDITURES:
AdminiStration : 9,015.00
Source of Supply 8,540.00
Treatment & Purification 6,675.00
Transmission & Distribution 119,475.00
Accounting & Collection 19,000.00
Debt Service 91,010.00
Insurance 3, 810.00
Taxes 24,650.00
Depreciation 14, ;265.00
Transfers 1;2,000.00
TOTAL ESTIMATED EXPENDITURES ~301,440.00
ESTIMATED REVENUE
Water 270,000.00
Pipe. 1,000.00
Meters -0-
Connection Charges 20,000.00
Service Connections 600.00
Hydrant Charge 9,790.00
O~her 50.00
TOTAL ESTIMATED REVENUE ~301,449.00
TOTAL WATER FUND ~301, 440 ..00
ARTICLE III
CONDITIONS RELATING TO APPROPRIATIONS:
Section _~.1 - All the monies herein before appropriated are
approPriated upon the terms, conditions, and provisions herein
fore and hereinafter set forth.
Section 3.2 - Subject to the qualifications contained in this
reso'lution ail appropriations made out of the General Fund are de-
clared to be maximum, conditional, and proportionate appropriations,
the purpose being to make the appropriatinns payable in full in the
amounts herein named if necessary and then only in the event the
aggregate revenues collected and other resources available during
the period commencing the 1st day of October 1957, and terminating
the $0th day of September 1958, for which the appropriations are
made, are sufficient to pay all the appropriations in full; otherwise
the said appropriations shall be deemed to be payable in such pro-
portion as the total sume of realized revenue of the General Fund,
~0 SEPTE~MBER 9th, :19.~7.
is to the total amount of revenues estimated by the City Council to
be available in the period commencing the 1st day of October 1957,
and terminating the $0th day of September 1958.
Section 3.$ - All balances of the appropriations payable out of
the General Fund of the City Treasury unencumbered at the close of
business on the $0th day of September 1958, except as otherwise
provided for, are hereby declared to be lapsed into the City Trea-
sury and maybe used for the payment of the appropriations which
may be made in any appropriation resolution for the fiscal year
commencing the 1st day of October 1957. Provided, however, nothing
in this section shall be ~onstrued to be applicable to unenm,m~ered
balances remaining to the credit of the Water Fund or any funds
created by the setting up of special revenue, but such balances
shall be used in financing the proposed expenditures of these funds
for the fiscal year commencing the 1st day of October 1957.
Section 3.4 - No department, bureau, agency, or individual
ceivin~ app~opriations under the provisions of this ordinance shall
exceed the amount 6f its or his appropriation except with the con-
sent and approval of the City Council first obtained; and if such
department, bureau, agenc,~ or individual shall exceed the amount of
its or his appropriation without such consent and approval of the City
Council, the administrative officer or individual, in the discretion
of the City Council, shall be deemed guilty of neglect of official
duty and may be subject to removal therefor.
Section 3.5 - Nothing in this resolution shall be construed as
aut~srizing any reduction to be made in the amounts appropriated in
this ordinance for the payment of interest on, or retirement of,
the debt of the City of Delray ~each, Florida.
Section 3.6 - None of the monies enumerated in this resolution in
conn6ction with the General Fund, Water Fund or any other Fund of the
City shall be expended for any purpose than those for which they
are appropriated, and it shall be the duty of the Director of Fi-
nance to see that this section is complied with in all respects and
report to the City Council any violations thereof.
Section 3.7 - Ail monies collected by any department, bureau,
age~c~ O~ i~'~vidual of the City government shall be paid promptly
into the City Treasury.
Section 3.8 - The foregoing budget be and hereby is adopted as
the official' budget of the City of Delray Beach for the aforesaid
period. Provided, however, that the restrictions with respect to
the expenditure of the funds appropriated shall apply only to the
lump sum amounts for classes Of expenditures which have been in-
cluded in this ordinance.
ARTICLE IV.
TAX
Section 4.1 - That there shall be and hereb~ is appropriated
for the'~ene~al Fund operations of the City the revenue derived
from the tax of 14 mills per one (~1.00) dollar of assessed valua-
tion, which is hereby levied on all taxable property within the
City of Delray Beach for the fiscal year commencing October 1, 19~7
and terminating September 30, 1958, the assessed valuation on all
taxable property for operating purposes within the City of Delray
Beach being $35,060,430.00 for operation and/or maintenance expenses
of the General Fund, and also in addition, all revenues derived by
said City during said fiscal year from all other sources than the
tax levy for current bond service, and that part of collection of
delinquent taxes levied for bond services.
251
Section 4.2 - That the amount of money necessary to be raised for
interest charges and bond redemption which constitutes a general
obligation bonded indebtedness of that portion of the City of Delray
Beach, which was formerly the City of Delray, is $69,940.50 and that
there is hereby appropriated for the payment thereof, all revenues
derived from the tax levy of $ mills per one ($1.00) dollar of assessed
valuation, which is hereby levied for that purpose for the fiscal
year commencing October 1, 1957 and terminating September 30, 1958
upon the taxable property in that portion of the City of Delray Bea~,
which was formerly the City of Delray, the assessed valuation being
$29,524,240.00.
ARTICLE V.
PASSED AND ADOPTED by the City Council of the City of Delray Beach,
Florida, this 9th day of SePtember, A.D., 1958.
/S! George V. Warren
Mayor
ATTEST:
IS/ R.. D: Worthing ....
Cxty Clerk
Motion was seconded by Commissioner R. $. Holland and unanimously
carried.
Mayor Warren commented on an agreement that had been reached with
Mr. Warren G. Grimes, of the Grimes Foundation, and commended Mr.
Grimes for his civic interest, evidenced in the past, and being in
full accord with the Council in doubling thee. terms of sale of the
Golf Course relative to guarantee of golf course and recreational
facilities to fifty (50) years from the original period of twenty-
five ( ~. $) years.
Mr. Grimes has also assured the Council that, if he be the ul-
timate and successful bidder for the Golf Course that he will take
the necessary steps to provide for a swimming pool and tennis courts.
Commissioner Campbell reminded the Council that this matter should
not be considered an individual deal inasmuch as other bids will be
solicited and entertained and that the offer of Mr. Grimes, while
appreciated, is strictly a bid to purchase city owned property
being offered for sale.
City Manager Lawson then read Resolution No. 1069:
A RESOLUTION AMENDING SECTION 5 (c) and 5 (f) OF RESOLUTION
NO. 1065 OF THE CITY COUNCIL BY PROVIDING SAID LANDS SHALL
BE USED AS A GOLF COURSE FOR FIFTY (50) YEARS, AND REQUIRING
THE HIGHEST BIDDER TO DEPOSIT THE AMOUNT OF HIS BID AT CLOSE
OF AUCTION; AND RESERVING RIGHT OF RE-PURCHASE.
~(Oriqinal Copy o? Resolution No. 1069 is on file in the office of
,~the City Clerk) (Photo Copy attached hereto) See Page 2~4A
Commissioner Strong moved that Resolution No. 1069 be passed and
adopted on first and final reading. Motion seconded by Commissioner
R. J. Holland and unanimously agreed.
The Council requested that the petitions opposing the sale of
the Golf Course, as submitted hy Attorney Nail E. MacMillan, he
acknowledged and made a matter of record.
City Manager Lawson read a 'Petition for Annexation' from the
"South Coast Development Corporation' seeking annexation of Section
No. 1, Tropic Palms, Plat No. 1 of Exhibit A attached to and forming
a part of said petition.
Prior to entertainment of a motion concerning said request for
annexation, Commissioner Campbell requested clarification of what
is meant by water supply lines and mains, as well as transmission
mains and the extent of their installation as well as the distrib-
ution system within the subdivision, and also desired specific
252
SEPTEi~'~R 9th, 1957.
revision of that part of the petition concerning basis of payment
by the City of Delray Beach for its share of water supply line
costs, together with petition revisions reflecting the clarification
pertaining to said water supply lines and mains, and requested the
City Attorney, together with Att'y. William H. Grimditch, Jr. Sec-
retary of South Coast Development Corp., to effect such revisions
in said petition. City Manager Lawson read a definition of 'Surplus'
as pertains to water revenue, from which source, repayment by the
City of Delray Beach for its water supply service costs to Tropic
Palms will be made.
Commissioner R. J. Holland moved for approval and acceptance of
the petition for annexation of Section I of Tropic Palms, Plat No. 1
prepared by Brockway, Weber & Brockway subject to:
1. Page 3 of petition - 1st line - "in public rights-of-way and
easements' should follow the words 'water mains' and,
2. Page $ of petition - 5th line of Par. 9, . 'surplus" should precede
the words 'water revenue' and
$. Page $ of petition - 7th line of Par. 2 - 'such surplus to be
determined in accordance with Ordinance No. G-265 of the City
of Delray Beach' should follow the words 'City is paid'.
Motion was seconded by Commissioner M. [. Holland and unanimously
carried.
City Manager Lawson then read Ordinance No. G-272:
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING
TO THE CITY THE FOLLOWING DESCRIBED TRACT OR PARCEL OF LAND
LOCATED IN PALM BEACH COUN~f, FLORIDA, AND LYING CONTIGUOUS
TO THE EXISTING MUNICIPAL LIMITS OF SAID CII"f OF DELRAY
BEACH. SAID LANDS BEING AND CONSTITUTING THAT CERTAIN PRO-
POSED SUBDIVISION KNOWN AS "TROPIC P~' PLAT NO. 1, AC-
CORDING TO A PROPOSED PLAT THEREOF TO BE RECORDED IN THE
OFFICE OF THE CLERK OF THE CIRCUIT COURT IN AND FOR PALM
BEACH COUNTY, FLORIDA; AND PROVIDING FOR THE ZONING AND TAX-
ATION OF SAID LANDS.
Commissioner Strong moved that Ordinance No. G-272 be placed
on first reading subject to approval, by the City Attorney, of the
legality thereof and the following amendments thereto:
1. Page $ - 1st line of Par. (a) - Should be changed to "Residence
R- lA",
2. Page $ - Srd line of Par. (f) should be changed to read "lines
and water mains within public rights-of-way and easements and the
South Coast, etc.',
Motian was seconded by Commissioner R. J. Holland and upon call of
roll - Commissioners Strong R. J. Holland, M. K. Holland and Mayor
Warren voted in favor thereof, Commissioner Campbell abstaining.
Miss Addie Sundy, addressing the Council on behalf of the 'Evening
Garden Club", expressed the club's desire to aid the City in a
beautification and landscaping program for the cemetery, and speci-
fically requested city labor and truck assistance to accomplish the
desired and badly needed improvement.
Commissioner Campbell moved that full authority be given the City
Manager to cooperate with the Evening Garden Club in beautifying and
landscaping Delray Beach Cemetery in furnishing aid through the Parks
Department to the extent the Manager deems necessary to accomplish
the desired results.
Motion seconded by Commissioner R. J. Holland and unanimously
agreed.
Commissioner Campbell moved that consideration of an ordinance
concerning curfew for minors be tabled until the next regular meeting
to permit further study thereof. Motion seconded by Commissioner
Strong and unanimously agreed.
The City Manager read letters from Mr. Arthur N. Brooks, owner
of Brook Haven Apartments on Gleason Street & Casuarina, and John
A. Thayer, President of the Beach Taxpayers League accompanied by
several photographs, all of which cencern the deplorable conditions
due to lack of drainage, in the Raid's Village area as well as in
Seagate. Mr. Cliff Baker, speaking from the floor, also expressed
the need of immediate attention to the 'drainage problem in Ward I.
Commissioner R. $. Holland moved that the City Manager proceed to
obtain a survey and engineering report to include recommendations
for provision of proper storm drainage facilities in the area com-
prised by Reid's Village, Seagate "A" and Seagate Extension, as re-
commended by the Manager in order that the necessary information may
be on hand to intelligently move towards a satisfactory solution of
the present drainage problem in that area. Motion seconded hy
commissioner Strong and unanimously carried.
City Manager Lawson read Ordinance No. G-270:
AN-ORDINANCE OF THE CITY OF DELRAY Br.~CH, FLORIDA, PROVIDING
FOR THE APPOINTMENT OF A BOARD OF EXAMINE~S; PRESCRIBING THE
RIGHTS, POWERS, DUTIES, OBLIGATIONS AND FUNCTIONS OF SAID
BOARD; PROVIDING POS THE REGISTRATION OF CERTAIN CONTRACTOP~S,
SPECULATIVE BUILDERS AND FEES THEREOF; PROVIDING REGULATIONS
OF THE BUSINESS OF CONTRACTING AND SPECULAT~E BUILDING WITH.
IN SAID CITY; PROVIDING PENALTIES FOR THE VIOLATION OF THIS
ORDINANCE; REPEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND
PRESCRIBING THE EFFECTIVE DATE OF THIS ORDINANCE.
(Original copy of Ordinance G-270 is on file in the office of the
City Clerk) (Mimeograph copy attached hereto. See Page
thru
Commissioner R. J. Holland moved that Ordinance No. G-~.?0 he
passed and adopted on this second and final reading. Motion se-
conded by Commissioner Strong and unanimously agreed.
Commissioner Campbell moved that renewal of contractors and sub-
contractors Occupational Licenses, which are affected by Ordinance
No. G-270, only be issued in full compliance with said ordinance.
Motion seconded by Commissioner Strong and unanimously carried.
The City Manager submitted bids received for landscaping Teen
Town Park. Commissioner Campbell moved that consideration of said
bids and extent of landscaping to be authorized be tabled until the
next regular meeting to allow the Manager necessary time to provide
estimated cost of sprinkler systems and water service which will be
required to maintain and retain the various plantings, tree belts,
hedges and grassing of the approximate five acre tract. Motion se-
conded by Commissioner Strong and unanimously agreed.
Concerning the request of Mr. Alan A. Weber for a permit to con-
duct an auction of the remaining bankrupt stock of Brand's Art
Gallery, at 615 E. Atlantic Avenue, for a limited time only, speci-
fically September 12th thru September lath, 1957, Commissioner
Campbell moved that the Tax Assessor be authorized to grant such
permit, waiving the requirement of Section $, of Ordinance No.
only to the extent of reference to Bond Requirement, substituting
therefor requiring the applicant, Mr. Weber, to furnish a bond in the
amount of $10,000.00 executed by a Surety Company duly authorized to
do business under the laws of the State of Florida, otherwise to be
in compliance with the terms and conditions of said Ordinance No.
G-266, subject to the approval of the City Manager. Motion seconded
by Commissioner Strong and upon call of roll - Commissioners Campbell,
Strong, R. $. Holland and M. K. Holland voted in favor thereof, Mayer
Warren being opposed.
City Manager Lawson read Ordinance No.
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING THE
ASSESSMENTS AS SHOWN ON THE ASSESSMENT ROLL SUBMITTED BY THE
CITY MANAGER OF SAID CITY, CONCERNING THE CONSTRUCTION OF A
SIDEWAI/~, FIVE ($) PEET IN WIDTH, ON THE EAST SIDE OF NORTH-
WEST EIG~6TH AVENUE FOR A DISTANCE OF NINE HUNDRED THIRTY-POUR
(95~) FEET NORTHWARD FROM A POINT SIXTY (60) FEET NORTH OF THE
CENTERLINE OF N.W. SECOND STREET.
Commissioner Campbell moved that Ordinance No. G-271 be placed on
first reading. Motion seconded by Commissioner M.M. Holland and
unanimous ly carried.
The City Manager then read Ordinance No.
AN ORDINANCE OF THE CITY OF DEL~AY BEACH, FLORIDA, RELATING TO
ZONING; AMENDING PARAG~APH 2 of CHAPTER 29-? (c) OF THE CODE OF
ORDINANCES OP DELRAY BEACH, FLORIDA, BY PROVIDING TO PERMIT
TWO FAMILY DWELLINGS TO BE ERECTED.
254
SEPTE~'~ER 9th, 19~7.
Commissioner Strong moved that Ordinance No. G-273 be placed on
first reading. Motion seconded hy Commissioner R. J. Holland and
unanimous ly agreed.
The Council requested the City Manager to study the report of the
Planning Board, dated September 9th, 1957, cencerning the Board's
tentative approval for development by Ellen D. Wightman & Louise D.
Meade, of the N} of the NE} of the SW~ of the NW{ of Section 17-46-
A3, and take necessary steps to provide for compliance with require-
ments for development of subdivisions and if determined to be
warranted, to provide for a fort~ (40I foot R~W extension of N.W.
lath Avenue on the West of the above described development.
Commissioner R. J. Holland moved that bills in the amount of
$19,641.6~- as submitted by the City Manager, be paid subject to the
approval of the Finance Committee. Motion was seconded by Commiss-
ioner M. K. Holland and unanimously agreed.
Commissioner Strong moved that Mr. William L. Carpenter be re-
appointed to the Palm Beach County Resources Development Board for
a three ($) year term commencing October is/, 1957. Motion seconded
by Commissioner Dugal G. Campbell and unanimously carried.
City Manager Lawson read the following Proclamation from the office
of Florida's Governor Leroy Collins:
STATE OF FLORIDA - EXECUTIVE DEPARTMENT - TALLAHASSEE
"WHEREAS, the maintenance of peace, and as an alternative, per-
sonal, State and National survival in the event of enemy attack
are of paramount concern to the citizens of Florida, and
WHEREAS, the existence of a resolute and effective civil pre-
paredness program is recognized as a means of attaining these
goals, and
WHEREAS, the effectiveness of the Nation's civil defense depends
upon the state of the individual, community and governmental
readiness to absorb the adversity of disaster, and
WHEREAS, the President of the United States has set aside the
week of September 15 - 21 as Civil Defense Week as a means of
developing public awareness to the need for increased disaster
preparedness ~
NOW, THEREFORE, I George V. Warren, by virtue of the authority
vested in me as Mayor of the City of Delray Beach, Florida, do
hereby proclaim September 1~ - 21, 1957, as
CIVIL DEFENSE WEE~
in Delray Beach, Florida.
IN WITNESS WHEREOF, I have hereunto
set mY hand and cuased the Official
Seal of the City of Delray Beach to
be affixed hereto, this 9th day of
September, A.D., 1957.
Is/ GSORGS V,,,~ WARREN
The C~y Manager informed the Council of the emergency need con-
cerning relief from the extremely bad drainage situation in the South-
west Section of the City, more specifically identified as in the
Northwest Quarter of Section 29-46-43 and bounded on the east by S.W.
8th Avenue as extended, on the North by S.W. 4th Street as extended,
on the West by State Road 9, and on the South by Germantown Road
(10th Street).
Commissioner Strong moved that the City Manager be authorized to
proceed with procurement of necessary aid and employment of drag-line
operation to eliminate the present undesirable lack of drainage.
Motion was seconded by Commissioner M.K. Holland and unanimously agreed.
MEETING ADJOURNED.
IS/ R. D. Wor~hing ....
City Clerk
APPROVED:
Mayor
I~:SOLUT}O~i NO. 1069
a P~SOLUTIO~ ~t~IN~ SECTIO~ 5 (c) ~ 5 (r)
OF i ~SOLUTIO~ NO. 1065 OF THE ClT~ COUNC~
OF ~Y B~C~ ~O~DA~ BY P~V~IN6 ~AIB
~S S~ ~ USED AS A GO~ COU~ ~R FIF~
(50) ~, ~D ~qU~NG T~ flIG~ST BID~
TO D~OSIT T~ ~0UNT 0F HiS BiD AT ~0SK 0F
~CTION; ~D ~VING ~GHT 0F ~RC~.
BE IT ~SOL~ BY THE CI~ C0~C~ 0F ~ CI~ 0F D~Y
%0R~A:
1. T~t Ssction 5 (c) of H~solution No. 1065 be a~nded to
5. (e) The eonv,y~ee ~all be by fee s~pl~ dee~ ~d bill
of sals, ~x,euted in aeoo~ee vlth law ~ the
r,quirx~ts ,f City Charter. Ths de,d shall eon-
tsin ths f.11~g elsus.:
~It is d~stinetly ~derst~od a~ agreed t~t
ab~, p~perty v111 b, used by ~s gr~tse
as a g~lf e~rs. ~ ~crsatton area for a ts~
f~ty (50) years f~m the date ~of; however,
noth~g herein ~ntalned shall ~e~ that zu~ grantee
· ay not prescribe such rules a~ regulations as he
any de~ necessary ~d p~per In operation e~a
private golff course fief non-public purposes. Provide~
ff~er, however, ~d this convey~ce ls ~de
to ~d upon ~e express condition ~at should
grantee cease te use ~e foregoing la~ for golf
course a~ recreational p~peses width fifty (~)
years f~ the dat~ hereof, ~en tn that event
title to said p~perty shall revert te a~ vest
~e City off Delray Beach, Florida, ~ its
~d assigns, ~d, the City off Delray Beach, FloOds,
as a part eft the consideration flor this conveya~e
hereby reserves the right and optt~ to re-purc~se
~1 the property ~reby convey~ ffro~ ~e gr~tee,
his heirs, asz~nz er successors duri~ the 25th
year ffollewi~ date of sale.
In the event ~e City elects t9 exercise the option
he.tn ryz.~d~ the price ~ be paid ~1 be
te~ed as ffellowe: The City s~ll pay the ~ount
paid by the grantee herein (representl~ erlg~al
capital inveat~nt), plus the value ef any capital
lap.resents subsequently ~de, such value
off date off exercise off such ~ptlon, plus interest at
~e rate of ff~r per cent (4~) per a~ upon
original capital invest~ent.'
2. T~t Section 5 (fi) off ~.solution No. 1065 be a~nded to
'e ad:
5. (~) The hi.est bidder at such auction s~ll pay the
~e~t e~ his bid at the close eft auction, ~lch
~ney ~all be deposited in ~ author~z~ depeel~ry
~ff ~e City ef Delr~ Bea~ ~d ~ld separate
ap~t ff~ et~r ~s ef the City pe~ fill
ac~p~e .ff ~h bid by ~e City ~ ff~t~r tern
eft Resolution ~e. 10~ er ether action eft
Co.ell. Xt la ffurther ~erste~ ~at s~d bid
~all be net te the City off ~l~y Beach,
sueeese~l ~dder, on eonemtlon o~ sale, ~11 be
oblifttd ~ pry ~o recording costs ~eludl~ doeu-
~nt~y st~ps,
PA~ ~ ~P~ ~ Regular Session this 9th day off September,
957.
ORDINANCE NO. G-270
AN ORDINANCE OF TttE CITY OF DELRAY BEACH A MUNICIPAL
CORPORATION OP PLORIDA, PROVIDING POR THE APPOINTMENT
OF A BOARD OP EXAMINERS; PRESCRIBING TtIE RIGHTS,
POWERS, DUTIES, OBLIGATIONS AND FUNCTIONS OF SAID
BOARD; PROVIDING FOR THE REGISTRATION OF CERTAIN CON-
TRACTORS, SPECULATIVE BUILDERS AND FEES THEREOP; PRO-
VIDING REGULATIONS OP THE BUSINESS OF CONTRACTING AND
SPECULATIVE BUILDING WITHIN SAID CITY; PROVIDING
PENALTIES FOR THE VIOLATIONS OF THIS ORDINANCE;
PEALING ALL ORDINANCES IN CONFLICT HEREWITH, AND
PRESCRIBING THE EFPECTIVE DATE OF THIS ORDINANCE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OP DELRAY BEACH, FLORIDA:
Section 1. DEPINITIONS: For the purposes and construction
of this ordinance:
(a) General Contractor: A general contractor is hereby de-
clared and defined to mean any person, firm or corporation who is
engaged in the business of accepting orders and/or contracts as a
General Contractor, with a person, firm or corporation as an owner r
for compensation other than wages, by doing work on or in any buil6~
lng or structure, on any private or public property, on any private
or public street or right of way, on any priva~ or public water
way requiring the use of paint, stone, brick, mortar, cement, wood.
structural steel or iron, sheet iron, metallic pipe, tin, lead or
any other building materials; or to do any paving or curbing on
sidewalks or streets, or public or private property, using asphalt,
brick, stone, cement, wood, or any other material, or any combina-
tion thereof; or to excavate for foundatians, or any other purpose,
or to construct bridges, construct seawalls and bulkheads of any
and all descriptions, or who is' in the business of building, re-
modeling, repairing, razing and demolishing or moving any building
or structure, who may do all the work himself or theirselves except ...
as otherwise prescribed by law or who sub-contracts with other sub-
contractors and acts as co-ordinator of any and all work applying
to his or their contract.
(b) Sub-Contractor: A sub-contractor is hereby declared and
defined to mean any person, firm or corporation who is engaged in
the business of accepting orders and/or contracts as a sub-contrac-
tor of a specific trade, type or unit of work using any type of
material whatsoever, with or for a General Contractor, a speculative
builder or an owner b~.ilder, as iLerein defi:~ed,
(c) Speculative Builder: A speculative builder is hereby
declared and defined to mean any person, firm or corporation who is
engaged in %.he business of building homes for sale to the general
public, who is the sole owner of the property or land on which the
homes are to be constructed, provided said homes are completed
according to the approved plans and specifications and final in-
spection has been made by the city before buildings are sold.
(d) Owner-Builder: An owner builder is hereby declared and
defined to mean any person who shall build, alter, add to or repa'~
himself or herself a home, who is the sole owner of the property
land in which the home is constructed, provided said home is used
as living quarters by the said owner.
(e) Board or Board of Examiners: As used in this ordinance
shall be construed and defined to mean the Board of Examiners of
Contractors herein provided for.
(f) City: As used in this Ordinance, shall be construed and
defined lo mean the City of Delray Beach, in Pa!~.~. [-~each County,
Florida, except where otherwise indicated by t?~e context.
Section 2. APPOINTMENT OF BOARD OF EXY, MINERS: The city
Commission shall appoint a Board of E~?r~mners of Contractors, con-
sistinq of five (5) r~e~ers and five ($) alternale members, who
have been residents of said City for at least one (1) year next
preceeding the da~e of %heir appoin~men±~ Two (9.) of the members
and alternate members of said Board shall be appointed for terms of-
one (1) year; two of said members and alternate members for a
of two (~) years; and one (1) member and alternate member for a
term of three (~) years. Thereafter, %he term of office of each
member and alternate member of the Board shall be three (3) years;
the City Commission may remove any men~er of said Board for cause.
One (1) member and alternate member of said Board shall have had
prior experience as a licensed General Contractor, one (1) as a
licensed engineer, one (1) as a licensed architect, one (1) as a
licensed lawyer, one (1) may be a licensed sub-contractor. Members
appointed to fill vacancies caused by d~a~h, resignation, or remov~
al shall serve during %he unexpired ~erms of their predecessors.
Each member of said Board shall serve without compensation.
Section 3. ORGANIZATION OF BOARD. Each Board shall elecl
a chaiman and Vice Chairman for terms of one year each, or until
their successors are elected and qualified. The Secretary of said
Board shall be the City Building Official or his legally authorized
representative. Any four (4) members or alternate members of said
Board shall constitute a quorum.
Section 4. DUTIF~g OF SECRETARY. The Secretary shall keep
a record of all of the proceedings of the Board, together with ~he
necessary register showing all applicants for examination and li-
censes, showing thereon for each, the da~e of application, name
qualifications, place of business, place of residence, and whether
the application was granted or refused. Said Secretary shall pre-
pare a ros~er of all contractors who shall have obtained a certifi-.
cate as hereinafter required, and who are entitled to a license for
said City, in accordance with the provisions of this ordinance. A
copy of such roster, and amendments thereto shall be filed by said
Secretary with the Tax Collector, and it shall be ~he duty of ~he
Secretary ~o promptly notify said Tax Collector in ~he even~ of
revocation, or the renewal of any certificate. All publicity and
news shall be approved by the Board before publication.
Section. $. CERTIFICATION OF CONTRACTORS. It shall be unlaw-
ful for any person to engage in business in said City as a con-
tractor, sub-contractor or speculative builder as herein defined
without a certificate as a certified General Contractor, sub-con-
tractor or speculative builder issued pursuan~ to the provisions of
this ordinance.
I~ shall be unlawful for any rim or corporation to engaqe
in business within said city as a contractor, sub-con±factor or
speculative builder as hereinabove defined unless the same shall a~
all times be under the direction, supervision and managemen± of a
Certified General Con±factor, sub-contractor or speculative builder.
Section 6. QUALIFICATIONS OF APPLICANT FO~ CERTIFICATES OF
REGISTRATION.
(a) Individuals. Any person shall be qualified to receive a
certificate to engage in business in said City as a General Con-
tractor, sub-contractor or speculative builder if:
(1) Said applicant has a good business and professional
reputation in the community in which he has been engaged
in business:
-3-
(~.) Said applicant has a practical and working knowledge
of the business of contracting, sub-contracting or
speculative building, as the case may be in which he
seeks to engage; and
(8) Said applicant has a practical and working knowledge
of the Statutes of the State of Florida and Ordinances
of said City applicable to the business in which he
seeks to engage, including, but not being limited to
the Zoning, Building, Electrical and Plumbing Codes of
the City.
(b) CORPORATIONS, .E. TC, Any firm or corporation shall be
qualified to receive a certificate to engage in business in said
City as a contractor, sub-contractor or speculative builder, if:
(1) Said applicant has a good business and professional
reputation in the community in which it has been engaged
in business: and
(2) The business of such firm or corporate_on in said City
shall at all times be under the direc~ion~, supervision
and management of a Certified General Cor~-tractor, sub-
contractor or speculative builder.
Section 7. APPLICATIONS FOR CONTRACTORS CERTIFICATES.
(a) INDIVIDUALS, }Iereafter, any person d~siring to be certi-
fied by said City as a general contractor, sub-contractor or specu~.
lative builder shall make application to said Board for an examina-
tion and certificate, Said application shall be in writing and
verified by the oath of said applicant, and shall set forth:
(1) The name and address of the applicant:
(2) The cities or towns in which the applicant may have
been engaged in business during the period of five ($)
years next preceeding the filing of said application;
(3) The names and addresses of at least five ($) persons,
firms or corporations having actual knowledge of the
business and professional conduc~ of said applicant;
said references shall include licensed, qualified general
contractors, architects and/or engineers.
(4) A brief statement of the educational training or experi-
ence of said applicant in the business of contracting
or sub-contracting;
(5) A statement by the applicant requesting an examination,
certificate or registration as a contractor, sub-contrac-
tor or speculative builder as the case may be, and
specifying the nature of the contracting, sub-contracting
or speculative building business for which the applicant
desires a certificate and license.
(b) CORPORATIONS,ETC. Any firm or corporation desiring to
be certified by said City shall make application to said Board for
a certificate, which application shall be in writing and verified
by the oath of a firm member or an officer, and which shall set
forth:
(1) The name and address of the applicant;
(9.) The ci~ies or towns in which the applicant may have
-4-
been engaged in business during the period of five (5)
years next preceeding the filing of said application:
(3) The names aad addresses of at least five (5) persons,
firms or corporations having actual knowledge of the
business and professional conduct of said applicant;
said references shall include licensed, qualified general
contractors, architects and/or engineers,
(4) The name and address of the person certified in accordance
with the provisions of this ordinance under whom the
business of such firm or corporation is to be directed,
supervised and managed, together with a statement that
its business will at all times be under the direction,
supervision and management of a certified general con-
tractor, sub-contractor or speculative builder as the
case may be;
(5) A statement by the applicant requesting an examination
and certificate as a general contractor, sub-contractor,
or speculative builder, as the case may be, and specify-
ing the nature of the general contracting, sub-contrac-
ting or speculative building business for which the
applicant desires a certificate and license.
Said application shall be filed in the office of the Tax Collector
of said City. Each applicant shall also pay to said Tax Collector
a fee of Ten Dollars ($10.00) to cover said Cii~y~s costs in in-
vestigating and examining the applicant. Said Tax Collector shall
deliver such applications to the Secretary of said Board who shall
notify the Chairman of said Board upon the receipt thereof.
Section 8. INVESTIGATION, EXAMINATION AND CERTIFICATION OF
~LiOANT~.
The chairman of said Board shall cause an investigation of
said applicant to be made, and, if said applicant be an individual,
an examination (orally or written or both) of said applicant to be
held by or under the supervision and direction of said Board within
not more than sixty (60) days next succeeding the receipt of said
application by said Tax Collector. If, upon such investigation and
examination, said Board, in the exercise of its reasonable discre-
tion, shall ascertain and determine that said applicant is a fit,
proper and qualified person to engage in the business of general
contracting, sub-contracting or speculative building, as the case
may be, within said City, said Board shall cause certificate to be
issued to said applicant; otherwise said application shall be denied.
A majority of four (4) votes shall be required for approval of any
or all certificates. Such certificates shall specify the type or
kind of contracting work which the applicant is qualified to per-
form in s~id City, and shall show upon the face thereof that they,
and the licenses issued pursuant thereto are subject to revocation
or suspension.
-$-
Each certificate shall remain in full force and effect un-
less and until the same is revoked or suspended, and it shall not
be necessary for the applicant to renew his certificate annually,
except with the discretion of the Board. If any application shall
be denied, the applicant may renew his or its application at the
expiration of six (6) months from the date it was denied and re-
fused. PROVIDED, HOWEVER, that said Board, for good cause shown,
may shorten such period.
Section 9. OCCUPATIONAL LICENSE FEES. Upon the presentation
of a certificate from the Board, together with the certificate of
insurance, as required under Section 10, 'the Tax Collector of said
City shall furnish the Contractor with a city license upon the
payment of the occupational license fee fixed in said City's Li-
cense Ordinance for the division in which said contractor is
lied.
All licenses issued for the year beginning October 1, 1957
and ending September 30, 1958 shall be, and the same are hereby
revoked and cancelled as of the 9th Day of October, 1957 and new
licenses shall be obtained and issued pursuant to the terms of this
ordinance for the remaining portion of said fiscal year, PROVIDED~
HOWEVER, that the Tax Collector of said City shall give credit, in
the issuance of new licenses, for any fees therefore collected by
him.
Section 10. INSURANCE REQUIREMENT.S. Every general Contractor,
sub-contractor or speculative builder granted a license under the
terms of this ordinance, shall be required to maintain at ali. times,
in an Insurance Company authorized to do business in the State of
Florida, Employees Liability Insurance or Workman's Compensation
Insurance, and Public Liability Insurance with minimum limits on
each of not less than Fifty Thousand ($50,000.00) Dollars for one
person and One Hundred Thousand ($100,000.00) Dollars for more than
one person, in any one accident, and Public Property Damage Insur-
ance with a minimum of not less than Five Thousand ($5,000.00)
Dollars for any one accident.
At the time application is made for examination and before
a license can be issued, the general contractor, sub-contractor or
speculative builder shall file with the Tax Collector a certificate
-6-
as prescribed and provided by the City, signed by a qualified agent
of the Insurance Company stating that a policy or policies has been
issued to the Licensee for: Employees Liability Insurance or Work-
man's Compansation Insurance, Public Liability Insurance, and Pu-
blic Proper~y Damage Insurance, the minimum limits of each; the
policy nun%bet or numbers; the name of ~he company, the effective
date of such policies; the expiration date of such policies;
gerber with a statement and a copy of an endorsement place on such
policy or policies requiring thirty (30) days written no~ice by
registered mail to the Tax Collector if it becomes necessary to
cancel the policy or policies, for any reason.
In the event of a cancellation of a policy or policies, of
any contractor, sub-contractor, or speculative builder, the license
of such contractor, sub-contractor or speculative builder shall
automatically be revoked. License may be reinstated by the r£ax
Collector, when the licensee has furnished certificate of insurance
in compliance with this Section.
Section 11. LICENSES AS ISSUED. The issuance of a license
under this ordinance shall be evidence that the person, firm or
corporation is entitled to all the rights and privileges of a con~
tractor or speculative builder in the division for which the cer~i--
ficate is issued, and while ~he license remains unrevoked or unex-
pired.
Section 12. PER~ITS. Permits shall be procured from the
Building Inspector of said City by every general contractor, sub-
contractor or speculative builder before doing any work or con-
struction of any character.
Section 13. SUSPENSION AND REVOCATION OF CERTIFICATES
AND LICENSES. The Board shal'i have the power,
in addition to all other powers provided for in Ibis ordinance, to
revoke or suspend the certificates and license of any contractor
approved and licensed hereunder, who shall be guilty of any one
more of the following acts or omissions, to wiG:
(a) Fails to renew his occupational license within ten days
from the date his current license expires;
(b) Fraud or deceit in obtaining his or its certificate or
license, or both;
(c) Negligence, incompetency, or misconduct in the practice
of contracting within the meaning of this ordinance;
-7-
(d) Abandonmen~ of any contract witt~out legal excuse;
(e) Diversion of property or funds received under express
agreement, for prosecution or completion of a specific
contract under this ordinance, or for a specified purpose
in the prosecution or completion of any contract, or
application or use for any other contract, obligation
or purpose with intent to defraud or deceive creditors
or the owner.
(f) ?raudulent departure from, or disregard of, plans or
specifications in any material respect, withou~ consent
of ~he owner or his duly authorized representative; or
the doing of any wilful, fraudulent act by the licensee
as a contractor in consequence of which another is s~b-
stantially injured;
(g) Wilful and deliberate disregard and violation of the
ordinance of said city, including, but not being limited
to, the Building, Electrical, Plumbing, and Zoning
Ordinances of said City, or of the rules and regulations
of the State Hotel Commission;
(h) Wilfully and deliberately engaging in a type or class
of contracting for which said contractor is not licensed
or certified.
Anyone may prefer charges a.~ainst the holder of a Contractors
Certificate and License issued pursuant to the provisions of this
ordinance, or against any other persons, firms or corporations who
may or should come within ~.he provisions of this ordinance. Such
charges shall be made in writing and sworn to by the complainant
and submitted to the Secretary of said Board who shall immediately
notify the chairman of the record thereof, and mail a copy of said
charges to the accused within at least five (5) days from the re-
ceipt thereof, and to serve notice upon the accused and upon all
interested persons of the date fixed for a hearing of such charges
before the Board.
The accused shall have the right to appeal personally and
by counsel at any hearing and to produce witnesses and evidence in
his, its or their defense. If, after hearing the evidence for and
against the accused, the Board is of the opinion and shall deter-
mine that said accused is guilty of the charges preferred against
him, it or them, the Board may suspend or cancel the Contractor's
Certificate or License, or both. The Board may reissue a certifi-
cate or a license to any contractor whose certificate or license
has been revoked, provided four (4) or more member of the Doard
vote in favor of such reissuance. Any decision of the Board may be
appealed to the City Commission within five (5) days of ~he date of
the Board's decision, provided, however, that written notice of
said appeal shall be filed with the City Clerk within said period
-8-
of time. Such appeal may be taken either by the complainant or by
the accused. The City Clerk shall notify all interested parties of
the date fixed for hearing the appeal, which date shall be not less
than ten (10) days next succeeding the filing of the notice of
appeal.
Section 14. EXENPTIONS. This ordinance shall not apply:
(a) To an authorized representative or representatives of the
United States of America; the State of Florida, the
County of Palm Beach, or the City of Delray Beach,
Florida;
(b) To Electrical Contractors, and Plumbing Contractors who
are properly licenses in said city;
(c) To bona Fide, actual and equitable Home Owners who own
their own land andJor property, who build or make repairs
thereon for their own use and benefit, (see definition
for Owner Builder); any subterfuge by any person in
claiming this exemption, or in helping others to claim
this exemption, shall be deemed a violation of this
ordinance, and such person or persons shall be subject
to the penalties herein. All persons applying for per-
mits as owners shall sign the application therefore in
person, or may apply through a bona fide agent who shall
file with the Building Inspector his Power of Attorney
or other written authority, signed by the owner, to act
for such owner. Both the owner and the agent shall be
responsible and liable for any violation of the Building,
Electrical, Plumbing, Zoning or any other applicable
ordinance of the City of Delray Beach, Florida.
Section 15. RECIPROCITY. Any person, firm or corporation
who has obtained a certificate by examination or as otherwise pro-
vided for by this ordinance, in any other city in Florida, having
similar requirements and is operating under the same ordinance
shall be granted a certificate for the classification requested by
reciprocity upon the payment of a certification fee of Five ($5.00)
Dollars and the occupational license fee for his, its or their
classification, and compliance with the provisions of Section 10,
"Insurance Requirements", of this ordinance.
Licenses issued through reciprocity shall be subject to
each and every of the other provisions contained in this ordinance.
SectiQn 16. PENALTIES.
(a) Any person, firm, or corporation presenting or attempting
to file or use the license of another, or who shall give false or
forged evidence of any kind to the Board, or to any member thereof
i~obtaining or maintaining a license, or who shall falsely im-
personate another or who shall use an expired or revoked license,
or shall violate any one or more of the provisions of this ordinance,
shall, upon conviction be punished by a fine not exceeding Five
-9-
Hundred ($500.00) Dollars, or by imprisonment for a period not
exceedinq sixty (60) days, or by both such fine and imprisonment,
in the discretion of the Judge of the Municipal Court for each
offense.
(b) Any person, firm or corporation who shall violate any
of the provisions of this ordinance shall not be issued a building
permit by the City of Delray Beach, so long as said violation re-
mains unrectified.
Section 17, REPEALING ORDINANCES IN CONFLICT HEREWITH.
All ordinances or parts of ordinances of the City of Delray Beach
in conflic'k with the provisions of this ordinance are hereby re-
pealed.
PASSED in Regular Session on Second and Final Reading on
this the 9th day of September, A.D., 1957.
_.,! s / George Warren
' MAYO~'
ATTEST:
/s/ ~obert D. Worthinq
City Clerk
First Reading August 26., ~957
Second Reading September 9, 1957
PASSED & ADOPTED ~eptember 9, 1957
-10-