08-23-55 ~Au. gtmt 23rd, 1955.
A Regular Heeting of the City Commission of the City off
Delray Beach vas held in the Commission Chambers at 2:30
with Vice Hayer Emery $. Barrow in the Chair, City Hanager
Lm~son, ~r., City Attorney represented by Harry Nevett and tho
fell'eying Commission Hembers bein~ present: Glenn B. Sundy,
Catherine E. Strong and We Cottin~ham Allen, a qUorum being present.
An opening prayer was delivered by Rev. Arthur R. Charlesvorth.
Comm~ssioner Strong moved that minutes of the August 9th meet-
ing be approved as written. Hotion vas seconded by Commissioner
Sundy and unanimously carried.
Commissioner Allen made a motion that the City Hanager be
strutted to advertise for Bids on the Building located immediately
Smdth of 'the City Hall on S. E. 5th Avenue and its removal thersffrom
not later than November 15th, 1955. Hotion was seconded by
ioner Sundy and unanimously carried.
Commissioner Strong moved that the Building Inspect®r submtt all
requests for permits for construction of churches to the City Comm*
ission before taking any action thereon. Hotion was seconded by Comm-
issioner Sundy and unanimously carried.
Commissioner Strong moved that the City Hanager, W. E. Lawson,
Jr. proceed ~rlth creating the necessary Ordinance for offocting
0. 'A. S. I. coverage at an early date. Motion was seconded by Comm-
issioner Allen and unanimously carried.
Commissioner Strong made a motion that the City Attorney obtain
clarification of Chapter 839.09 Florida Statutes, f~om the Attol~ey
General, regarding contracts or purchases by the City ~n which a
member of tho Commission might have an indirect interest, such as a
third party (sub-~'contractor). Hotion was seconded by Commissioner
StmdY and unanimously carried.
~' Commissioner Stron~ moved that the City Manager together with
the City Attorney prepare an Emergency Ordinance in regard to the
location of Churches within the City Limits. Hotion vas seconded
by 'Commissioner Allen and unanimously carried.
City Hanager, W. E. Lawson, Jr. was instructed to contact
p~Operty owners that are affected in regard to the request of W. D.
Reiff eonce~ning street improvements fr~m N. E. 2nd Avenue eastward
3000, and then inform Hr. Reiff if it is agreeable with the p~operty
owners, he can construct the street according to city specif~cations.
' City Manager ~. E. Lawson, Jr. was ffu~ther instructed to follow
through with the policy that has already been set with regar~ to
assessments for any improvement to be made on S. W. 14th Avenue be-
tween S. W. 2nd and 3rd Streets, as petitioned by Warren Reiff.
City Manager, ~. E. Lawson, Jr. then read second reading of
0rdinanco G-213,
¢
ORDINANCE G-213.
AN ORDINANCE OF THE CITY CO~qISSION OF THE
CITY OF DEY.P~Y BEACH, FLORIDA, AHENDING
CERTAIN PARAGRAPHS 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 OCCU*
PATIONAL LICENSES IN SAID CITY, AND FURTHER
PROVIDING A REPEALING CIAUSE.
..August 23rd, 1955.
Be It ORDAINED by the City Co~aission of the City of Delray Beach,
Florida, as follows
That Sub-Paragraphs, specified herein, of Article II - License
Schedule, of Section 16-11 of the Code of Ordinances, City of Delray
Beach, Florida, Shall be amended to read as fellows:
SECTION I: Sub-Par.:~2, Sec. "A", shall be amended to read:
"*Academy, of"music" ....... . . o . . . . . . . . $ 25.00
SECTION 2: ~ub-Par. 4, Sec. "A", shall be amended to read:
*Each p~rson Advertising on the streets with banners, floats~.
cartoons, music of loud speakers or by any other means" . $ 25.00
SECTION 3: Sub-Par. 12, Sec. *A", shall be amended to read:
"Ambulances, separate from Undertaking, each ambulance.. $ 25.~00
SECTION 4: Sub-Par. 28, Sec. "A", shall be amended to read:
*Automsbile Parking Lots, each lot . . . . . . . . . . . $ 25.00
SECTION 5: Sub-Par. 30, Sec. MA", shall be amended to read:
- ' hAd~b~obile Grease and Wash Rack, not in connection with
other business . . . . . . . . . . . . . . . . . . . . . . $ 25.00
SECTION 6: Sub-Par. 32, Sec. "Ar, shall be amended to read:
- wAUtoi°bile Garage and/or Repair Shops, in connection
~th automobile agencies" . ......... . . . . . . $ 25;00
SECTION 7: Sub-Par. 34, Sec. MB", shall be amended to read:
- *Bgggage or Freight Transfer Company" . . . . . . . . . $ 25.00
SECTION 8: Sub-Par. 35, Sec. "B", shall be amended to read:
*Bakery° ~olesale and Retail~ each store . . . . . . . '$ 25.00
SECTION 9: Sub-Par. 43, Sec. SB~, shall be amended to' read:
Pool or Bagatelle Tables flor profit, 1st table. $ 25.00
Each additional table . . . . . . . . . . . . . . . . . ·$ 10~;00
SECTION 10:sub-Par. 47, Sec. ~.B', Shall be amended to read:
"'*Bicycle Shops, With or without repair shop' . . . . · . . $ 25.00
SECTION II:S~b-par. 55, Sec. 'B", shall be amended to read:
MBoot and Shoe Repair Shop" . . . . . . . . . . . . . . . $ 25.00
SECTION 12:Sub-parc 75, Sec. "C', shall be amended to read: ,
"*Cleaning and P~essing and Dyeing Establishments
~gencies having location in thc City. . . ~ 25.~
~'gents and Solicitors for Out-Of-ToWn ~o~c~r~s'.. '. 50.
SECTION 13:Sub-Par, 81, Sec. "C", shall be amended to read:
'~ontractors'
A General . . . . ....
B. Engineering (includes bridge, bulkh~ading,
drainage, excavatin~ and sewer construction,
dredging, irrigation system, pile driving, sea
wall, sidewalk, street ~?d.in~. ~ paving, and
st~ailar contract work. . . . . . . . $ 60.00
C. Structural and r~ffo~cin~ Iron and Steel . . . $ 60°00
August 23rd, 1955.
~ub-Contractors and others as lieted:
Concrete, Stone, Br~ck )
Electrical )
Heating and Ventilating )
House Hovers
Hasons )
Plasterers ) Each $ 50.00
Plumbers ) .
RooFing )
Sheet Metal and Tinsmith )
Septic Tank )
Tile )
Well Drillers )
Not Otherwise specified . .~.. )
~. Floor ~anding and Finishing . . . . . . . . · · · · $ 25.00
SECTION 14:Sub-Par. 90. Sec. "D", shall be amended to read:
Delivering and producing own product, including
SECTION 15= Sub-Par. 91, Sec. "D", shall be amended to read:
Elk distributors, Jobbers or creameries deliverin{
milk not produced by them,..per truck..... · · · · S 25.00
SECTION 16: Sub-Par. 93, Sec. "D" , shall be amended to read:
SECTION 17: Sub-Par, 111, Sec. "F", shall be amended to read:
SECTION 18: Sub-Par. 113, Sec. "F", shall be amended to read:
wFrults-
Sold From trucks or moving vehicles (subject to in-
spection by department oF health) . . . . . . . . . . . $ 25.00
SECTION 19: Sub-Par. 119, Sec. "G", shall be amended to read:
'Golff D~iving Ranges" each . . . . . . . . . . . . . . o $ 25.00
SECTION 20: Sub-Par. 132, Sec. 'I', shall be amended to read:
SECTION 21: Sub-Par. 133, Sec. "I', shall be amended to read:
SECTION 22: Sub-Par. 134, Sec. "I", shall be amended to read:
' wInsurance.
Casualty, life, hospitalization, industrial, burial,
bonding and surety companies, each . . . . . . . . . . $ 25.00
SECTION 23: Sub-Par, 136, Sec. ~I*, shall be amended to read:
· lnsur'~nce Agents and Solicitors" each . . . . . . . . · · ~ 10.00
SECTION 24: Sub-Par. 140, Sec. "J*, shall.be amended to read:
SECTION 25: Sub-Par. 144, Sec. "L*, shall be amended to read:
*Latmdrles"
Employing over two and less than Five persons . . . . · $ 25.00
Employing over Five and less than twn persons . . · . . $ 50.00
Employing over ten and less than twenty persons . . . . $ 75.00
Employing over t~enty persons . . . . . . . . . . . . . $100.00
August 23rd, 1955
"Laundries"
Local Agency, permanent . . . . . . . .... . . . . ~ 25.00
Agents for out-of-town laundries . . . . . . . . . . . ~ 50.00
SECTION 26: Sub-Par. 150, Sec. "L", shall be amended to read:
"LunCh Stands and Iced Bottled Drinks (not over 25 chairs) . $ 25.00
SECTION 27: Sub-Par. 174, Sec. "N", shall be amended to read:
~ WNewspapers.
Weekly or Monthly . . . . . . . . . . . . . . . . . . . $ 25.00
Daily.......... ; . . .... . . . . . . . . $ 50.00
SECTION 28: Sub-Pa~lS0, Sec. "0", shall be amended to read:
"011"
Peddlers of otl or kerosene at retail, 'iocally establtshed$ 10.00
SECTTON 29: Sub-?qr. 186, Sec. "P". , shall be amended to read: - phOtographers,
A. Permanently located . . . . . . . . . . .... . . $ 25.00
~ tly
B. Not permanen located . . . . .... . . . . . .' 50.00
SECTION 30: Sub-Par. 196, Sec..ps,, shall be amended to read:
"~ofesstonal"
A. The following practitioners are classed aS profess-
ional, and each person engaged in the practice
any such profession other than persons receiv~ng
only a salary or wage by a licensed practitioner
in this City, is requ~ed to take out a professional
licenser
Accountants and auditors )
Attorneys and lawers )
Chiropractors )
Dentists )
Engineers, Civil, Consultin~
Architects )
Chemists )
Chiropodis t s ) Each $ '50.00
Opticians )
Optometrists )
0et eopathio Physicians )
Physicians )
Surgeons )
Veterinaries or Veterinary Surgeon)
Other professions not otherwise )
classed... . . . .~ , . . . . )
B. For each additional partner or person operating
with the person licensed in the preceding clause,
other than the professional employees . . . · . . · $ 25.00
SECTION 31r Sub-Par. 202, Sec. ~R~, Shall be amended to read:
"Railroad Companies" each.............. · · · $100.00
SECTION 32: Sub-P~r. 205, Sec. "R", shall be amended to read:
"Repai~ Shop" in connection wlth automobile agencies $ 25.00j
SECTION 33: Thls Ordinance Shall rePeal any Ordinance or Ordinances,
or part 'or 'part8 thereof in conflict herewith.
PASSED in regular sesslon on 'second and final reading on this the
23rd day of August, A. D. 1955.
(Si,sned) ... W. J. snow ...
ATTEST:
(Signed) R... D. Worthtn
City Clerk ' (SEAL)
First Reading - - August 9, 1955.
Second Reading - August 23, 1955.
Passed & Adopted -August 23, 1955.
AUGUST~h'd, 1955.
ComnLtssioner Sundy moved that Ordinance G-213 be adopted on
second and final reading..Notion was seconded by Commissioner
Allen and unanimously, carried.
City Manager, W. E. Lawson, Jr. then read second reading of
Ordinance 9-214.
ORDINANCE G-214o
AN ORDINANCE OF THE CITY COHHISSION OF THE
CITY OF D~RAY BEACH, FLORIDA REPEALING
SECTIONS 2-6 OF CHAPTER 2, OF THE CODE OF
ORDINANCES OF THE CITY OF DELRAY BEACH;
FLORIDA PROVIDING FOR EHPI~YEES VACATIONS:
BE IT ORDAINED BY THE CITY CO~HISSION OF THE CITY OF
DELRA¥ BEACH; FLORIDA.
Section 1. That Sections 2-6 of Chapter 2 of the Code
of Ordinances of tho City of Delray Beach be and the same
is hereby repealed.
Section 2. That all ordinances and parts of ordinances
in confflict herewith be and the same are hereby repealed.
PASSED at regular session on second and final reading
on this the 23rd day of August, A. D.; 1955.
(~i~ned) W. 3. Snow
(SEAL) Mayor
ATTEST:
(.si~ned~) R.D. Worthing
City Clerk
First reading: August 9, 1955
Second reading: August 23, 1955
~ASSED & ADOPTED:August 23, 1955
Commissioner Sundy moved Ordinance G-214 be adopted on
second and final reading. Motion was seconded by Commissioner
Strong and unanimously carried.
City Manager, W. E. Lawson, Jr. then read Ordinance G-215.
ORDINANCE G-215.
ORDINANCE AH~qDING SECTIONS 13-2~ 13-5~
and 13-6, OF THE CODE OF ORDINANCES OF
THE CITY OF DELRAY BEACH, FLORIDA.
Commissioner Strong moved that the above Ordinance; regarding
the Electrical Examining Board, be placed on first reading. Motion
was seconded by Commtssi~ner Sundy and unanimously carrie~.
Dr. Williams appeared before the Commtssionw~th his subdivis-
ion plat.~
Tho Planning Board recommended that tho plat be given pre-
liminary approval with the following provisions:
The City receive satisfactory assurance that
the Owner will install 22 ft.-wide paving
along the center lines of the indicated
with drainage approved by the city engineering
department.
b. The sanitary sewage system be allowable by the
County Board of Health.
c. That the final plat be resubmitted to the
Planning Board for approval.
390
August 23rd, 1955.
d. That prints of the final plat be filled
with the City, shoving: location and
sizes of water mains, f4re hydrants,
power snd telephone poles, street lights,
if any, 'storm or sanitary sewers and their
invert elevations.
Commissioner Sundy moved we accept the above recommendation off
the Planning Board. Hotion was seconded by Connlssioner Allen and
unanimously carried.
Dr. Williams also requested that the City open, ~ade and r~ck
So W. 15th Avenue between Atlantic Avenue and $. W. 2nd Street: or
S. W. 2nd Street between S. W. 14th and 15th Avenues and that his
property be ~eclassified fr~m Industrial Zone to Residential Zone.
The City Commission denied this request.
The Planning Board recommended to expedite and approve Phase
A of the Archer & Warriner p~oposal for leasing the City Yacht
Basin; that the marine fuel station be approved for a location
south of the improved area, omitting the launching ramp; and that
action be deferred on Phase D until a plan is submitted for study
and correlation with the proposed tennis development.
Commissioner Allen moved that ye accept the recommendation
off the Planning Board as it affects the negotiations of Archer &
Warriner concerning Hunicipal Harbor Facilities with the exc,ption
that:
The term of Lease be. extended to twenty years on the basis
they be permitted to Lease 10 years with two five year options and
that Archer & Warriner be per~itted to include in their plans for
improvement and expansion the ramp for the launching of small craft.
Hotion was seconded by Commissioner Strong and unanimously carTied.
Commissioner Allen moved that the City Attorney be instnucted
to draw a Lease to be executed between the City of Delray Beach and
Archer & Warriner in conformance with the provisions of the above
motion. Details to be provided by the City Hanagero Hotion was
seconded by Commissioner Strong and unanimously carried. (Comm-
issioner Allen wanted to be certain that the City Attorney also
incorporate the two options and first refusal of land referred to
in Phase D in the lease)
Commissioner Sundy moved that bills in the sum of $33,846,50
be paid subject to the approval of the Finance Committee. Hotion
was seconded by Commissioner Allen and unanimously carried.
Building Inspector, Ralph Hu~hson recommended the Plumbing
Code as pertains to the date of examinations for Plumbers, be
amended .to conform with the Electrical Code wherein provision is
made' for monthly Examinations to be' held rather than every three
months.
Commissioner ~trong moved' %hat the City Hanager, W. E. Lawson,
Jr. and Building Inspector, Ralph Hu~hson*s recommendations be com-
plied with. Hotion was seconded by Commissioner Allen and unanim-
ously carried.
In regard to licrofilmin~ important City records - it was
agreed that &he City Manager would further look into this matter
as to cost.
City Attorney Netl HacHillan submitted a statement for $10.00
for services rendered in connection with purchase of Lot 22; Block
40, from Leland Sterryo
Commissioner Stron~ moved the above bill be paid from Un-
appropriated Surplus. Hotion was seconded by Commissioner Sundy
and unanimously carried.
~ugust 23rd, 1955.
John Adams Submitted a statement For services rendered in
connection w~th the purchase of the Davis property in the su~ of
S75. o.
Comissioner Allen moved that the Fee bo paid From the OFF-
Street Parking Fund. Hotton was seconded by CoeeeissionerSundy
and unanimously carried.
City ~anager W. E. Lawson, Jr. then read Assessment Roil
showing costs For paying of Shulson Street between Gleason Street
and Ocean Blvd.
,Comissioner Strong moved that the Assessment Roil as read
be aCSepted. Hotion was seconded by Couisstoner Sundy and un-
animously carried.
ASSESSMENT ROLL
Construction, grading and paving of Shulson Street
Between Gleason Street and Ocean Boulevard.
Description Owner Front Assessment Total
....... Footage per Front Fro ...~sessment
West 275* of the William ~eatley 275 $1.8782 $ 516.50
9.°100* of Ocean P. 0. Box 382,
Beach Lot 28; Delray Beach, Fla.
East 210' of the Henry A.,& Alma E.
$. 100T of Ocean Htldreth, 210 " $ 394.42
BeachiLot 28; 84 Harbor Avenue,
Harblehead, Hass.
West 150' of Otis C., & Bessie
Ocean Beach Hickleberry, 150 " $ 281.73
L~t 29; P. O, Box 968,
Delray Beach, Fla.
East 329t of the ~ahlon S. Weir, 329 " $ 617.93
N. 88.2' of 0cern Box 477,
Beach Lot 29; Delray Beach, Fla.
964 ~ 1,810.58
TOTAL COST OF I~PROVE~E~T ........ $ 1,810.58
~. W. C. Burton appeared before the Comission and asked per-
mission For a temporary office for p~oposed apartments on Ocean Blvd.
Commissioner Strong moved that Hr. Button's request be granted.
Hotlon was seconded by Cosmissioner Allen and unanimously carried.
Hr. Blits appeared and presented a subdivision p~at south of
Lake Ida and stated~he would like to bring into the City 32 lots at
the present time.
City ~anager Lawson was instructed to check into the ~atter
regarding the streets and water and will let the Com~ission know
his Findings at a later date.
Building Inspector, Ralph Hughson, presented Ira Cunningham*s
application to move a cabin From Larson*s Court. He Further re-
comended that the application be approved.
Comlssioner Allen moved that we accept the Building Inspector's
recommendation and approve the request of Ira Cunnin~ham. Hotion was
seconded by Comissioner Strong and unanimously carried.
Commissioner Strong moved that Charles Clark be appointed to
Fill the vacancy of Quentin Bishop to serve on the Pluzd~ng Board
as recommended by that Board. ~otion was seconded by Co~tssioner
Allen and unanimously carried.
AuguSt 23rd, 1955.
Comnissioner Sundy moved that we accept Perk Frazerts
resignation to act as Chairman of the Tennis Committee, and app
point Dr. N. E. Father in his stead, Perk Frazer to remain o~ the
Committee. Notion was seconded by Commissioner Strong and un-
animously carried.
Vice-Nayor gmory Barrow made a recommendation that Harry
Friberg and A1 Avery act as Co-Chair~en for the Local United Nations
Day Committee.
Commissioner Str~ng made a recommendation that the City
Attorney appoint the Committee for the John Harshall celebration.
City Nanager W. g. Lawson, Jr. read Ordinance ~-44 regard-
ing setback requirements on West Atlantic Avenue and also read a
copy of a Resolution adopted by the County Commission, August 15th,
1955, pertain~ng to set-back requirements on State Road 806 (Delray
West Road). Upon recommendation of the City Hanager it was agreed
that this Resolution adopted by the County be referred to. the
Planning Board.
Conm~ssioner Strong made a ~otion that the Cit~Hanager~
together ~r~th the Planning Board check into securing R/W on S.
10th Avenue as well as other territory having been discussed other
than Atlantic Avenue. Hotion kas seconded by Consttssioner Allen
and unanimously carried.
Commissioner Sundy moved that the improvements at the c~ty
Hall be completed before the season and that the Finance Committee
should endeavor to find a way t6 pay for such improvements. Notion
~as seconded by Commissioner Strong and unanimously ca,led.
Upon recommendation of the ChaPman of the Planning Board,
Commissioner Allen moved that Kenneth Jacobkon, whose present term
expires September 8th, 1955, be re-appointed to serve for a five
yexr period on the Planning Board. Notion was seconded by Commiss-
ioner Sundy and upon Call of Roll¥1ce Nayor Barrow and Commissioners
Sundy and ~llen voted in favor thereof. 'Commissioner Strong
opposed.
Heeting Adjourned.
(Signed) R. Do Worthin~
City Clerk
"~kPPROVED:
¥ice-l~ayor