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08-09-55 August 9th, 1955. A Regular Meeting of the City Commission of the City of Delray Be~ch 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 Meil MacMillan and the following Commission members being ~resent: Glenn B. Sundy, Emory J. Barrow and Catherine E. Strong, a quorum being present. ,~n opening prayer was delivered by Bev. Rudolph J. Keyl. Commissioner Strong moved that the Minutes of the July 26th and ~ugust 2nd meetings be approved as corrected. Motion was seconded bY Commissioner Barrow and unanimously carrfed. City Manager W. E. Lawson, Jr. presented the proposed budget for 1955-56 Fiscal Year. It was agreed that the public hearing would be held September 6th and that a notice of the public hear- ing and copy of the ,proposed budget would be published at least one week in advance of the hearing. The public hearing for determined improvements to be made on S. E. 3rd Avenue between Atlantic Avenue and 2nd Street, as out- lined in Resolution No. 982 and herein scheduled for this day, was held and there being no objections to proposed improvement, the City Ranager read Resolution No. 984. RESOLUTION NO. 984° A RESOLUTION OF THE CITY CO,FISSION OF lqlE CITY OF DELHAY BFACH, FLORIDA, AUTHORIZING THE CITY MANAGER TO PROCEED WITH I~{E CLEAR- ING, GRADING, PAVING AND CURBING OF TIiAT PART OF SOUTH EAST THIRD AVENI~E LYING BE- TWEEN ATLANTIC AVENUE AND SECOND STREET, TO A WIDTH OF FORTY (40) FEET. WHEREAS, the City Co,~nission of the City of Delray Beach, Florida, did on the 26th day of July, 1955, determine to pro- ceed with the clearing, grading, paving and curbing of that part of South East Third Avenue lying between Atlantic Avenue and Second Street, to a width of forty (40) feet, and WHEREAS, the Resolution providing therefor has been duly published as required by the City Charter, together with a notice that objections to said improvement would be heard on this date, and WHEREAS, no sufficient objections have been made to such proposed improvement, NOW, THEREFORE, BE IT RESOLVED by the City Commission of the City of Delray Beach, Florida, that the City Manager be and he is hereby instructed to proceed with the clearing, grading, paving and curbing of that part of South East Third Avenue lying between Atlantic Avenue and Second Street, to a width of forty (40) feet, according to the plans and specifications heretofore filed with the City Clerk, and a copy thereof filed in the office of the City Manager and kept open for the insPection of the public. PASSED in Regular Session on this the 9th day of August, A.D., 1955. ..... (SiGned) ~. J. Snow Mayor ATTEST: (Si~ned) R. D. Worthin~ Ci~ty Clerk (SEAL) 380 August 9th, 1955. Commissioner Strong moved that Resolution No. 984 be adopted on first and final reading. Motion was ~econded by Con~issioner Barrow and unanimously carried. City Manager Lawson then advised the Commission of Bids re- ceived and Con~nissioner Strong moved that COntract, for the paving and curbing of the right-of-way described in Resolution No. 984, be awarded to the low bidder, Hardrives, Inc., for the amount of ~14,675.76t the only other bid having been received was in the amount of 919,326.51 from Rubin Construction Co. Motion was seconded by Commissioner Sundy and unanimously carried. City Manager Lawson read a letter from Attorney Robert F. Griffith, Jr., in which he stated that Mrs.~ Howard T. Rex was desirous of purchasing a tract of land described aS Lot 14, Block A, Palm Beach Shore Acres, from the City of Delray Beach. Commissioner Sundy made a motion that this matter be tabled for further study. Motion was Seconded by Commissioner Barrow and unanimously carried. In reference to the RDB Booklets, Commissioner Barrow moved tha~t we purchase 200' copies and turn thom over to the Chamber of Commerce and that funds be secured from Unappropriated Surplus. Motion was seconded by Commissioner ~trong and unanimously carried. City Manager W. E.' LawsOn, Jr. read second reading of Ordi- nance G-212. ORDINANCE G-212. AN ORDINANCE OF THE CITY COM~fISSION OF THE C~TY OF DELHAY BEACH REGULATING THE INSTAIJ.- ATION OF COOLING SYSTEMS, REQUIRING PEHHITS FOR SAME, PROVIDING FOR COMPLIANCE BY EXISTING SYSTEMS AND PROVIDING PENALTIES FOR VIOLATIONS THEREOF. WHFJtEAS, it is expedient and proper that the indiscriminate waste of water be curtailed; that the community water supply be conserved and kept free of contamination; and that the city sewer systems, both storm and sanit~ry, be not taxed beyond their capacities or used for purposes inconsistent with their design; NOW, THEHEFORE, BE IT AND IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELHAY BEACH: Section 1. DEFINITIONS. The following terms, as used _ herein shall have the following meanings: Cooling Systems. Any air conditioning, ice making, re- frig~rating or any other type of cooling plant which uses water for the process of cooling or as a cooling agency. The word "system", as used herein, shall comprise all component elements, including wiring,~pipes, motors, tanks, ducts, cooling towers, spray ponds, etc. Capacity. For the purpose of this ordinance, the horse poser of the compressor motor, or motor~, shall be the ton r~ting or 'capacity' of the refrigerating or air conditioning system, except that, in absorption type systems, the ton rating shall be equel to 12,000 BTU per hour. Coolin~ 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. August 9th, 1955. Section 2. PEHMIT REqUItLED: FEE: STANDARDS. Before any person shall install a cooling system, a permit therefor shall be required from the City Building Inspector. Application for such permit shall state The street location of the proposed system B.The capacity of the installation, as defined herein C.General description of the installation D. 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 of water supply, wiring, plans For cooling water waste, if any, and such other rele- vant ~nformation as shall be required by the Building ]inspector. In the case of an installation which is a part of an overall construction nrc jeer, such application may be combined with the application for the overall Project building permit, b~ 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 ~tatutes 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 AmericaTn Stand,rd Safety Code for Mechanical Refrigeration (A.S.S. B-9, 1-1950) where applicable. In addi. tion, such plans shall comply wfth the ~rovi~ions of Section 3 of this ordinance. Section 3. COOLING WATER: WASTE R~QUIHEMENTS. ~11 cooling systems with a capacity (as ~efined herein) of three tons or more must be so designed and equipped as to eliminate ~nd obviate any cooling water waste. In any one building, where the capacity (as defined herein) of the aggregate i~stalled cooling system or sys- tems 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 applicable to any cooling system where cooling water waste is connected direct with a drain well or re-charge well, providing 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. KXISTING COOLING SYSTF~. As to cooling systems in existence as of the effective date'of this ordinance, the owner there- of shall have one year from the effective date of this ordinance with- in 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. Section 5. SUPPLEMENT TO CONSTRUCTION CODES. This ordinance shall ~e deemed supplemental to the Building, Electrical and Plumb- ing 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 unconstitut- ional, invalid or void, such decision shall not affect the validity of the remaining provisions of this ordinance. August 9th, 1955. Section 7. Any person, firm or corporation who is convicted of violating this ordinance shall b e punished, as provided in Sec- tion 1-6 of the Code of the City of Delray Beach, Florida, 1955 as amend ed. PASSED AND ADOPTED on final reading this 9th day of August , A. D., 1955. (Signed) W.J. Snow. MAYOR A TTES T: (Signed) R.D. Worthin~ City Clerk (SEAL) First Reading July 26 , , 1955. Second Reading AugUst 9 , 1955. PASSED & ADOPTR~ August 9 , 1955. which will provide for disposal of waste water from cooling systems by means other than city storm s ewers. Commissioner Barrow moved that Ordinance G-212 be adopted on second and final reading. Motion was seconded by Commissioner Sundy and unanimously carried. City Manager read Ordinance G-213. ORDINANCE G-213. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AMENDING CERTAIN PARA- GRAPHS OF ARTICLE II - LICENSE SCHEDULE OF SECTION 16-11, OF THE CITY CODE OF ORDINANCES, CITY OF DELRAY BEACH, FLORIDA PERTAINING TO BUSINESS, PROFESSIONAL OR OCCUPATIONAL LICENSES IN SAID CITY AND FURTHER PROVIDING A REPEALING CLAUSE. Commissioner Strong moved that Ordinance G-213 be placed on first reading. Motion was seconded by Commissioner Barrow and un- animously carried. City Manager W. E. Lawson, Jr. then read Ordinance G-214. ORDINANCE G-214. AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA REPEALING SECTIONS 2-6 OF CHAPTER 2 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR EMPLOYEES VACATIONS. Commissioner Strong moved that Ordinance G-214 be placed on first reading. Motion was seconded by Commissioner Barrow and unanimously carried. Commissioner Barrow moved that bills in the sum of $53,487.83 be paid subject to the approval of the Finance Committee. Motion was seconded by Commissioner Strong and unanimousl]f carried. Commissioner Barrow moved that the request of Carroll Eugene Nixon for transfer of beer and wine license at the Anchor Rest- aurant be granted. Motion was seconded by Commissioner Sundy, and upon call of roll Commissioner Strong abstained; Mayor Snow, Commissioner Barrow and Commissioner Sundy affirmed the request. Motion carried. August 9th, 1955. City Manager W. E. Lawson read a letter pertaining to Hnited Nations Committee~ in which it was suggested that a local citizen be appointed. Commissioner Sundy moved that Dr. Vogler be appointed to rep- resent the Delray area. Commissioner Strong seconded the motion which was unanimously carried. Commissioner Barrow moved that the l~illiams Plat submitted by City Manager W. E. Lawson, Jr. be referred to the Planning Board. Motion was seconded by Commissioner Strong and unanimously carried. Commissioner Barrow made a motion that the request of Triest Construction Company pertaining to storage area for building supp- lies and accessories at the rear of the Central Garage be granted. Motion was seconded by Commissioner Strong and unanimously carried. The City Manager submitted a request of Mr. John Kabler, Jr. to clear the city owned land between South Federal Highway and the Canal~ South of 10th Street. It was agreed that he be informed that the lot clearing program would take care of this when the City is in that area. Archer & Warrlner submitted their proposal in regard to the Lease of Boat Dock Sites~ which was generally discussed. Commissioner Sundy moved that this matter be referred to the Planning Board with the request for their study and recommendat- ionse Meeting adjourned. (Si~ned) R.D. Worthin~ City Clerk