07-26-55 367
July 26th, 1955.
A Regular Meeting of the City Comission of the City of Delray
Beach was held in the Commission Chambers at 2:30 P. M. with Mayor
W. J. Snow in the Chair, City Manager W. E. Lawson, Jr., City Attorney
Nell HacMillan and the following Cona, ission members present: Glenn B.
Sundy, Catherine E. Strong and Emory J. Barrow.
An opening prayer was delivered by Rev. Arthur R. Charlesworth.
The minutes of the meetings held July 12th and 18th were approved
as written, upon motion of Commissioner Strong, seconded by Commissioner
Sundy and unanimously carried.
Commissioner Strong made a motion that the improvement lien on Lot
6, Block 3, Lake View Heights in the sum of $347.00 be abated due to an
error having been made in the issuance of a Tax Certificate, for title
insurance purposes, which did not reflect any outstanding Improvement
Liens of any nature. Motion was seconded by Commissioner Barrow and
unanimously carried.
City Manager W. E. Lawson, Jr. read the proposed ordinance regu-
lating cooling system waste water.
ORDINANCE NO. G-212.
AN ORDINANCE OF TIlE CITY COP~IISSION OF THE
CITY OF DELRAY BEACH REGULATING THE INSTALL=
ATION OF COOLING SYSTEMS, REQUIRING PERMITS FOR
SAH~, PROVIDING FOR C0~PLIANCE BY FCiISTING SYSTEHS
AND PROVIDING PENALTIES POR VIOI~TIONS THEREOF.
WHEREAS, it is expedient and proper that the indiscriminate waste
of water be curtailed; that the community water supply be conserv-
ed and kept free of contamination; and that the city sewer systems,
both storm and sanitary, be not taxed beyond their capacities or
used for purposes inconsistent with their design:
NOW, THEREFORE, BE IT AND IT IS ItEREBY O[~AINED BY THE CITY CO}~-
ISSION OF THE CITY OF DELRAY BEACH:
Section 1. I)EFINITIONS. The Following terms, as used herein
shall have the following meanings:
Cooling Systems. Any air conditioning, ice making, refriger-
ating or any other type of cooling plant which uses water for the
procews of cooling or as a cooling agency. The word "System", as
used herein, shall comprise all component elements, including
wiving, pipes, motors, tanks, ducts, cooling towers, spray ponds,
etc.
Capacity. For the purpose of this ordinance, the horse power
of the compressor motor, or motors, shall be the ton rating or
'capacitye of the refrigerating or air conditioning system, ex-
cept that, in absorption type systems, the ton rating shall be
equal to 12,000 BTU per hour.
Cooling Water Waste, Water which is used in a cooling system
in the process of cooling and which is not continuously and com-
pletely re-circulated back into the system, Minor intermittent
waste~ such as atmospheric condensation, overflow from a constant
level filling device, etc., shall not be considered.
JULY 26th, 1955
Section 2. PEH~IT 9EQUIHED: FEE: STANDARDS: Before any
person shall install a cooling system, a ,permit "~ere£or shall
be required From the City Building Inspector. Application for
such permit shall state
Ao The 'Street location off the proposed system
Bo The capacity off the installation, as deF/ned herein
Co General description of the installation
Do Such other relevant information as shall be.required
by the Building Inspector
and shall be accompanied by plans showing the layout and detail
of ducts, grilles, conduit piping, drains, source o£ water
supply, wiring, plans for cooling water waste, if any, and much
other relevant information as shall be required by the Building
Inspector.
In the case of an installation which is a part of an over-
all construction project, such application may be combined with
the application For the overall project building permit, but a
separate permit shall be required For the cooling system and a
separate Fee charged therefor, based on Section 107.4 of the
Building Code; but the cost of the overall project building
permit Fee shall be based on the project cost less the cooling
system.
The plans For any such cooling system shall comply with
all applicable provisions of the Statutes of the State of
Florida, the Code of the City of Delray Beach, Florida, 1955,
as amended, and the City Building, Electrical and Plumbing
Codes: also with the requirements of the American Standard
Safety Code For Mechanical Refrigeration (A.S.S. B-9) 1-1950)
where applicable. In addition, such plans shall comply with the
provisions of Section 3 of this ordinance.
Section 3. COOLING WATEH: WASTE HEqUIHE~NTS. All Cool-
ing systems with a capac%ty (as defined herein) of three tons
or more must be so designated and equipped as to eliminate and
obviate any cooling water waste. In any one building, where
the capacity (as defined herein) of O~e aggregate installed
cooling system or systems is three tons or less, cooling water
may be wasted but only if piped direct to a connectiOn with
the city storm sewer system.
The provisions of the Foregoing paragraph as to cooling
system with capacity of three tons or more shall not be appli-
cable to any cooling system where cooling water waste is con-
nected direct with a drain well or re-charge well, providin~
as to such well there is a valid written permit in existence
From the State Board of Health.
In no case shall cooling water waste be permitted to
enter the city sanitary sewer system, or to be discharged
into open gutters, streets or other public places, or upon
the ground.
Section 4. EXISTING COOLING SYSTFJ~S. As to cooling
systems in existence as of the effective date of this ordin-
ance, the owner thereof shall have one year From the effective
date of this ordinance ~ithin which to make such system comply
with the provisions of Section 3 of this ordinance, and after
such one year period, if such system Fails to comply with such
section, the owner thereof shall be deemed to be in violation
of this ordinance.
~uly ~6%h, 1955.
Section 5. SUPPLEMENT TO CONS~iUCTION CODES. This ord-
inance sb~ll be deemed supplemental to the Building, Electrical
and plumbing Codes of the City.
Section 6, If any section, sub-section, sentence, clause
or phrase of this ordinance is for any reason held to be un-
constitutional, invalid or void, such decision shall not affect
the validity of the remaining provisions of this ordinance.
Section 7. Any person, firm or corporation who is convicted
of violating this ordinance shall be punished, as provided in
Section 1-6 of the Code of the City of Delray Beach, Florida,
1955 as amended.
PASSED AND ADOPTED ON FINAL READING this' day of
A. D. 1955.
Hayor
ATTEST:
City Clerk
First Reading July 26th, 1955.
Second Reading
PASSED & ADOPTED
Commissioner Sundy made a motion that the above Ordinance
be placed on its first reading. Hotion was seconded by Comm-
issioner Barrow and unanimously carried.
City Attorney Nell HacHillan recommended that everyone
connected to the sewer system in the report given by Building
Inspector, be sent a registered letter.
City Hanager_~. E. Lawson recommended the following vacation
policy:
Employees to be eligible for one week vacation after one
year of service. (This to apply to any future employees hired,
wit~ existing two weeks vacation after one year of service apply-
ing to all persons presently employed.)
After two (2) years of service - two weeks vacation.
After fifteen (15) years of service - three weeks vacation°
Comissioner Sundy made a motion that we accept the City
Hanager's recommendation regarding vacation policy for city
employees. Hotion was seconded by Commissioner Strong and unani-
mously carried.
(No official action was taken regarding 3
Commissioner Sundy made a motion that the City re-deed to
Walter A. Roth the Easterly 5 feet of the following described
land, to-wit: The South 25.5' of Lot 10 and All of Lot
Block 75; which strip of land had been deeded to the City
July, 1953, for a proposed widening of N. E. 2nd Avenue, which
project never materialized. Hotion was seconded by Commissioner
Barrow and unanimously carried.
City Hanager Lawson read Ordinance G-211 regarding Dog
licensing.
July 26th, 1955.
ORDINANCE NO. 9-211.
0MDINANCE AMENDING SEC. 5-4 AND SEC. 5-5
of ARTICLE II OF THE CODE OF 0RDINANC, ES
OF THE CITY OF D-~RAY BEACH, FLORIDA, BY
PROVIDING LICENSE TAGS OF ~1o00 FOR ALL
DOGS AND REQUIRING BABIES INOCULATION
DUHING PRECEDING TWELVE MONTHS.
BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, AS FOLLOWS:
SECTION I: That Sec. 5-4, Article II of the City Code
of Ordinances be and the same is amended to read as follows:
~Sec. 5-4. License required-Fee: Duration.
No dog shall be allowed upon the
public streets, sidewalks, thoroughfares or other public places,
in the city, unless the dog has been licensed by the city and
has an mnexpired city dog license tag affixed to its collar or
harness. The license tax for dogs shall be one dollar per year
for each dog; and 'each such license shall expire on the First
day of June following its issuance, except that any license
issued between May 1st and June 1st of any year shall be valid
until June 1st of the following year.~
SECTION 2: That Sec. 5-5, Article II of the City Code of
Ordinances be 'and the same is amended to read as follows:
"Sec. 5-5. Application for licenses - Inoculation for rabies.
No license shall be issued for any
dog kept in the city, unless the applicant for such license
shall exhibit to the city Clerk a certificate of a veterinarian,
or registered nurse, or medical technician, showing that the dog
has been inoculated against rabies within the past 12 months.~
SECTION 3: That all ordinances or parts of ordinances in
conflict herewith are hereby repealed.
PASSED in regular session on second and final reading on
this the 26th day of July A. D. 1955.
(Signed) W. J. Snow
Mayor
ATTEST:
(Signed) R. D. Worthin~.
City Clerk
(SEAL)
1st Reading: June 28, 1955.
2nd Reading: July 26, 1955
PASSED AND ADOPTED: July 26, 1955
Comissioner Strong moved that Ordinance G-211 be adopted
on second and final reading. Motion'Was seconded by Commissioner
Sundy and unanimously carried.
Comissioner Strong read Resolution No. 983 in memory of
H~. J. M. Cromer who recently passed on.
371
July 26th, 1955.
HESOLUTION NO. 983 OF THE CITY OF
DELRAY BEACH, FLORIDA.
WHEHEAS, Almighty God in his infinite wisdom, has seen
Fit to take from ou~ midst ou~ beloved friend and citizen,
Jo M. CROHER, and
~E~EAS, J. H. CROHEH, rendered outstanding service
throughout the ~any years that he lived in Delray, including
service as Hayor of the City, and member of the Board of the
County Comissioners of Palm Beach County, as well as having
contributed in many other ways to the improvement of the
co~nunity o
NOW, THEHEFOHE, BE IT HESOLVED BY THE CITY COUNCIL OF THE
CITY OF DELHAY BEACH, FLORIDA, AS FOLLOWS:
L. That the City Comission does hereby empress its sincere
sympathy to the family o~ J. H. CROH~I~, in their ~reat loss.
2. That a copy of this Resolution be forwarded to the mem-
bers of his family.
This resolution unanimously adopted and passed this 26th
day of July, 1955.
(Si/ned) W.J. Snow.
Hayor
~TTEST:
.... !si~ned) R.D. Worthtng
City Clerk
(sram)
Upon motion by Co~anissioner Sundy, and seconded by Co~-
issioner Barrow it Us unanimously agreed that the resolution
be adopted.
Commissioner Barrow made a motion that we advertise for
bids on the Smallwood house located on Lot 17, Block 92, which
land was recently purchased for off-street parking.
Co~n~issioner Sundy moved that bills in the su~ of $75,555.36
be paid, subject to the approval of the Finance Committee. Hotion
was seconded by Commissioner Barrow and unanimously carried.
Co~issioner Strong made a motion that the bill in the su~
of $350.00 submitted by the City Attorney, Neil ~ac~lllan for
two Charter Changes, attending meeting at West Palm Beach and
attendance at Legislature at Tallahassee be paid from the Un-
appropriated Surplus. ~otion was seconded by Commissioner
Sundy and unanimously carried.
City Hanager Lawson read the following Resolution:
HESOLUTION NO. 981.
A HESOLUTION OF THE CITY CO~Fl~ISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, REQUIRING
PLANS, SPECIFICATIONS AND ESTIHATE OF COST
TO CLEAR, GHADE, PAVE AND CURB THAT PART OF
SOUTH FAST THIRD AVENUE LYING BETNEEN ATLANTIC
AVENUE AND SECOND STREET
3?2
July 26th, 1955.
WHEP~AS, the City Commission of the City of Delray
Beach, Florida, deems it to be necessary for the safety
and convenience of the public to cause the clearing,
grading, paving and curbing of that part of South East
3rd Avenue which lies between Atlantic Avenue and 2nd
Street, to a width of Forty (40) feet, and to assess
thirty (30) per cent of the total cost thereof against
the lands abutting thereon, the City off Delray Beach to
pay the remaining seventy (70) per cent of said cost in
accordance with policy established by the City Commission
at its regular meeting of June 14th, 1955.
NOW, THEREFORE, BE IT RESOLVED by the City Connnission
of the City of Delray Beach, Florida, as Follows:
SECTION Io The City Hanager be required to submit
plans, specifications and an estimate of the cost of such
improvement to be made, and that the same shall be placed
on file in the office of the City Manager.
PASSED AND ADOPTED by the City Con~nission of the
City of Delray Beach, Florida, on this the 26th day of
July, A. D. 1955.
,(Si~ned) W.J. Snow
Mayor
ATTEST:
(Signed) R.D. Worthin~. City Clerk
(SEAL)
Connnissioner Strong moved that the above Resolution Noo981
be passed on first and final reading. Motion was seconded by
Commissioner Barrow and unanimously carried.
City Manager Lawson read the following Resolution.
RESOLUTION NO. 982.
A HF~SOLUTION OF THE CITY CO~Fl~ISSION OF 'THE
CITY OF DEIAtAY BEACH, FLORIDA, ORDERING THE
CLEARING, GRADING, PAVING AND CURBING OF
THAT PART OF SOUTH EAST THIRD AVENUE LYING
BETWEEN ATLANTIC AVENUE AND SECOND STREET.
WHEREAS, the City Con~nission of the City of Delray
Beach, Florida, did, on the 26th day of July, A. D. 1955,
adopt a Resolution ordering the City Manager to prepare
plans and specifications, together with estimate of cost
of clearing, grading, paving and curbing that part of S.E.
3rd Avenue lying between Atlantic Avenue and 2nd Street
to a width of forty (40) feet, and requiring said plans,
specifications and estimate of cost of such improvement
to be placed on file in the office of the City Manager,
and
WHERFAS, the City Commission deems it to be necessary
for safety and convenience of the p~lic to clear, grade,
pave and curb said street,
NOW, THEREFORE, BE IT RESOLVED BY the City Commission
of the City of Delray Beach, Florida, that it is determined
to make the following described improvement, to-wit:
373
July 26th, 1955.
To Clear, Grade, Pave and Curb that
part of S. E. 3rd Avenue lying between
Atlantic Avenue, and 2nd Street, to a
width of forty (40) feet, the total cost·
as estimated, for such improvement being
~13,000.00
~BE IT FURTHER RESOLVED that the entire cost of such improve-
ment shall be shared by the City of Delray Beach, Florida· and
the following described properties in Delray Beach, Palm Beach
County, Florida, on a basis of the City of Delray Beach paying
seventy (70) per cent of the cost of said improvement and the
abutting property owners, said properties sho~n below, paying
thirty (30) per cent of said total cost.
197.75' N 199' of Block 85, less S 1.25' & less
56.25' S 56.25' of N 250' of Block 85.
225. ' S 225' of N 480' of Block 85.
139.2 ' (M/L) S 139.2' M/L Block 85.
637 ' Block 86, East of Railway.
141.55' Block 93, Lot 1.
16.18' Alley
60.66' Block 93, Lot 36.
24.26 ' " 93 · " 35.
24.26' " 93, , 34.
72.78 ' " 93, " 31-33.
24.26 ' " 93, " 30.
24.26' " 93· " 29.
24.26 ' " 93, " 28.
197.46 ' " 93, " 20-27.
50' S.E. First Street.
61.2' Block 94, Lot 1.
61.2' ' 94· " 2.
61.2 ' " 94, " 3.
61.2' " 94· " 4.
61.2 ' " 94· " 5.
61.2' " 94· " 6.
61.2 ' " 94 · " 7.
61.2" " 94· " 8.
61.2' " 94, " 9.
61.2' " 94, " 10.
Said benefits to be determined and prorated according to the front
footage of the respective properties as set forth immediately above.
BE IT RHRT~R RESOLVED that said special assessments against all
the parcels of lands as set forth above which are specially bene-
fitted, shall be and remain liens superior in dignity to all other
liens, except liens for taxes, until paid, from the date of the as-
sessment upon the respective lots and parcels of land assessed· and
which shall bear interest at the rate of eight (8) per cent per annumj.
and which may be paid in five (5) equal yearly installments with ac-
crued interest on all deferred payments. Payment shall be made at
the same place that taxes payable to the City of Delray Beach, Florida,
are paid· namely the office of the City Tax Collector, and upon failure
of any property owner to pay the annual installment due, or any part
thereof,, or any annual interest upon deferred payments, the City of
Delray Beach may bring necessary legal proceedings by a Bill in Chan-
cery to enforce payment thereof with all accrued interest, together
with all legal costs incurred, including a reasonable attorney's fee.
The total amount of any lien may be paid in full at any time with in-
terest from the date of assessment.
July 26th, 1955.
IT ]'S ORDERED that the City Commission shall sit at the City
Hall in the City of Delray Beach, Florida, at 2:30 Po M. on the
9th day of August, A.Do, 1955, for the purpose of hearing object-
ions, if any~ on said proposed improvement~ as set forth above.
IT IS FURTHER ORDERED that this Resolution-be published once
a week for two (2) consecutive weeks in the Delray Beach News.
PASSED AND ADOPTED by the City Commission of the City of
Delray Beach, Florida, on this the 26th day of July A.Do~ 1955.
(Si~ned) W.J. Snow.
Mayor
ATTEST:
(Si~ned) R. ~. Worthin,g,.
City Clerk
(SEAL)
Commissioner Strong moved that Resolution No. 982 be adopted
on its first reading. Motion was seconded by Commissioner Barrow
and unanimously carried.
Commissioner Barrow made a motion that the request for twenty
days be granted to Bill Carpenter, Attorney for the heirs of Hrs.
Smallwood, to vacate the Smallwood property. Motion was seconded
by Con~nissioner Strong and unanimously carried.
Commissioner Strong recommended that the City Attorney, Neil
MacHillan check into the matter regarding the letter read by City
Manager Lawson From the Air Force. And. further that this matter
be tabled until such time as the City Attorney has had an oppor-
tunity to check the legality thereof.
Co~missioner Strong moved for acceptance of the Planning
Board's recommendations and decline the offer to purchase 60 acres
of land on lateral # 38 offered by John N. Kable~. Motion was
seconded by Commissioner Sundy and unanimously carried.
Commissioner Sundy made a motion that we accept the recommend-
ation of the Planning Board in the denial of the request of J.
Mosberger for deviation, Lot 13, Nichols 2nd Addition, S. ~o 7th
Street. Hotion was seconded by Com~issioner Barrow and unanimously
carried.
In regard to the r ecommendation of the Planning Board to acquire
Block 50 offered by Hrs. Nutbrown, Commissioner Sundy'made a motion
that this be referred to the Financial Advisory Board. Hotion was
seconded by Commissioner Strong and unanimously carried.
Commissioner Strong moved that the Petition for Special
ceptlon for Parking Lot, Blocks 140 and 148 be referred to the
Planning Board. Motion was seconded by Commissioner Sundy and
unanimously carried.
The City Hanager read a letter from Hrs. ~. C. Allen, Chair-
man of the Swimming Committee, incorporating the City's request
that du~ing the summer and hurricane season, no wind-break be used
on the pavilion but that the same be installed at the end of the
hurricane season. This matter was left with the City Manager for
proper dispensation.
July 26th, 1955.
A Special meeting will be called in the near future re-
garding the traffic report and the Dock Lease proposal.
Heeting adjourned.
(Si~ned) ,R. D. Worthint.
City Clerk
ATTEST:
Hayor
3?6