09-27-55 t09
September 27th, 1955.
A Regular M~eting of tho City Co~mission of the City of Delray
Beach was held in the Co~mission Chambers at 2:30 P. M., withMayor
W. J. ~now in-the Chair, City Manager W. E. Lawson, Jr., City At-
torney Nell MacMillan and the following Commission me~bers being
'presentr Glenn B. Sundy, Emory J. Barrow, a quoru~ being present.
An opening prayer was delivered by Rev. Arthur W. l~ich.
Commissioner Sundy moved that the minutes of September 9th,
10th and 13th meetings be approved as written. Motion was seconded
by Com~issioner Barrow and unanimously carried.
City Manager W. E. Lawson, Jr., commenting on the intended
Beach beautification, advised the Co~ission relative to the ne-
cessity of a Sprinkler System installation in conjunction with the
~sodding of a 12-foot strip along the one mile of Public Beach, and
of having received the following bids for such installation, the
City of Delray Beach to furnish all pipe necessary for such install-
atiOn.
Ra~sey & Bates $:3,980.00
D. & C. Well Drilling:3,031.345
Commissioner Barrow moved that the contract be awarded to the
low bidder, D & C Well Drilling, to install a sprinkler system the
full 'length of the beach. Motion was seconded by Coemissioner Sundy
and unanimously carried.
City Manager W. E. Lawson, Jr. advised that the following bids
were received for a 1956 ~Willys 1-ton pickup.
Lauderdale Motors, Inc. ~1,927.98
Willys-Fla. Dist., Inc. ~2,052.31
McCoy's Garage ~1,947.87
Commissioner Sundy moved that the contract be awarded the low
bidder, Lauderdale Motors, Inc. flor a 1956 Willys 4-wheel drive,
1-ton pick-up. Motion was seconded by Commissioner Barrow and un-
animously carried.
A large percentage of retail gasoline dealers appeared before
the Commission requesting the City to paws an ordinance protecting
them from other dealers displaying unsightly signs concerning the
retail sale of gasoline. This group was spearheaded by a Mr. Richey,
a representative of Gasoline Retailers Association. Other coments
in accord with Mr. Richey's request were made by Paul Sanderson and
Mr. Lanier.
City Manager W. E. Lawson, Jr. read the following ordinance:
ORDINANCE G-221.
AN ORDINANCE OF THE CITY OF DEI,~AY BEACH,
"FLORIDA PROVIDING REGULATIONS CONCEHNING
THE RETAIL SALE OF GASOLINE MOTORFUEL lNG
CLUDING REQUIREHENTS CONCERNING HAXI~
SIZES FOR PRICE SIGNS THEREAT AND THE IN~
FORMATION TO BE SHOWN UPON SUCH SIGNS:
PROHIBITING ALL OTHER TYPES OF SIGNS:
PROVIDING PENALTIES FOR THE VIOLATION OF
SUCH ORDINANCE: AND FOR OTHER PURPOSES.
Commissioner Sundy moved that the above Ordinance be plaGed
on first reading. Motion was seconded by Commissioner Barrow and
unanimously carried.
September 2?th, 1955,
City Manager W. E. Lawson, Jr. then recommended that the
plat submitted by H. A. La-gE and J. P. Jones to develop Park
Manor subdivision be referred to the Planning Board.
Commissioner Bar~ow moved that, in view of the City Hanager*s
recommendation, the plat submitted to de~elop Park Hanor subdivis-
ion be referred to the Planning Board. Hotion was seconded by
Commissioner Sundy and unanimously carried.
(City Hanager Lawson was instructed to advise the Planning
Board the urgency of early action on this matter.)
M~. Earl Wallace appeared before the Commission seeking
approval of plans for the Earl Wallace Ford Building to be located
on North Federal Highway.
Commissioner Barrow made a motion the petit be grantedto
construct a building For the Earl Wallace Ford Sales Agency.
Hotion was seconded by Commissioner Sundy and unanimously carried.
Hr. Whltley appeared before the Commission in behalf of
H. E. Adelsperger who is requesting a set-back deviation fo~
7th Court.
Commissioner Barrow moved that the request for deviation on
N. E. 7th Court to build up to the property line be granted.
Notion was seconded by Commissioner Sundy and unanimously carried.
City Attorney NacNillan advised the Commission that Archer
& Warriner had requested a definite identification of a necessary
strip of land adjacent to the Waterway north of Atlantic Avenue
Bridge to be incorporated in the *Option*' forming a part of thc
Dock Facilities Lease now being drawn upo
Commissioner Barrow moved that the request be granted and
that said strip, immediately west of and adjoining the westerly
right-of-way line of the Intra-coastal waterway, as established,
should not exceed ten (10) feet. Notion was seconded by
issioner Sundy and unanimously carried.
Upon recommendation of the City Manager, the request of
Nr. Dorsey, Nr. Kendall and their Local representative.Hr° Dally
relative to further development of Delray Manor.S/D, on motion
of Commissioner Barrow, seconded by Commissioner Sundy, was
fretted to the Planning Board. ~he motion was unanimously carried.
The Planning Board was requested to give this matter their
early consideration as the time element is an important factor .in
determining possible further development of Delray Nanor, by the
parties mentioned above.
City Manager Lawson then presented, on second reading.
ORDINANCE G-218.
AN ORDINANCE OF THE CITY C0~ISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AMENDING
SUB-PARAGRAPH (a) OF SECTION 21-4, CHAPTER
21, OF THE CITY CODE OF ORDINANCES, PERTAIN-
ING TO E~AMINATIONS OF JOURNEYMAN AND MASTER
PLUMBERS,
Mr~ Ralph Knutzen expressed objection to this ordinance,
especially the need for providing monthly exa~nation, and
further resented the fact that the present Board had not been
given an opportunity to voice an opinion on said Ordinance before
its presentation.
The Commission tabled Ordinance 0-218, for further con-
sideration..
September 27th, 1955.
City Manager Lawson then presented, on second reading,
Ordinance G-216o
ORDINANCE
AN ORDINANCE OF THE CITY COHI'tlSSION OF THE
CITY OF DELRAY BEACH, F~RIDA, ~IN6 T~
~S~S~ ~ SHO~ BY ~g ASS~S~NT RO~
S~HITT~ BY T~ CI~ ~G~ OF S~D CI~,
CONC~ING ~E C~NS~UCTION, G~ING ~D
PA~NG OF S~ON S~T BE~N GL~SON
S~T A~ OC~N ~VA~.
W~S, the City HanageP off the City off Delray Beach, Florida,
has, in pursuance to the C~rteP off said City, sub~tted to the City
Co.lesion for app~val, a ~epoPt off the cost, ~d the assessment
~oll fop the construction, grading ~d paving of Shulson Street
t~een Gleason Street and Ocean Boulevard, to a ~idth off t~enty (20)
feet.
~~, said report and assessment ~11 ~ere approved by the
City Comlssion in ~egular session on the 23rd day off August,
~955, and
~HE~S, due notice conceding said asses~ent roll vas given
by advertisem~t by the City Clerk, in accordance vith the City
~ChaPter off said City, for the p~se off hearing objections to said
kssess~nt Poll, and
~~S, no sufficient objections vere received to the con-
ffi~ation off the assessm~t ~11.
NO~, ~g~~, BE IT ORDAIn' by the City Co~ssion or the
City of Delray Beach, Florida, as
SECTION ~. ~e assessments, as sho~n by said mmaessment roll,
vhich is annexed hereto ~d ~de a part hereoN, are hereby levied
against the property sho~ and in a~ts sho~n on said assessment
~o11, said assessments to be ~id in five (5) equal ~nual
ments, together ~th interest at the rate of eight (9) pep o~t pep
a~, the first installment beeo~ng due a~ payable on Sept~beP
27th, 1955, and on the 27th day of September' flor the next ensuing
ffo~ (4) years; and said spec~l assessment, so levi~, shall be a
lien f~m the date the assessment becomes effective, upon the
spective lots and parcels off~ land described ~ said assessment roll,
of the same nature ~d to the same extent as the lien for gene~l
taxes, and shall be collectible in the same ~er ~d ~th the same
penalties and ~deP the same p~ovZsZons as to sale and fovfeit~e as
City taxes a~e collectible.
P~S~ ~n Re.laP Session on second and final reading on this
~e 27th day of September, A. D., 1955.
(Si ned) W.J. sno ,
MAYOR
(SEAL)
ATTEST:
(si~ned) a.
City C1
First Reading September 13, 1955.
Second Reading September 27, 1955.
Passed and Adopted September 27, 1955.
September 27th, 1955.
ASSF_~qSN~q T ROLL
Construction, grading and paving et' Shulson
Street between GZeason Street ~d Ocean Bo~evard.
Description O~er F~nt Assessment Total
~otage per Front Assess~nt
foot. .....
~est 275* o~ the ~llllam ~eatley 275 ~ 1.8782 $ 516.50
9. 100' off Ocean P. 0. Box 382,
Beach ~t 28: Delray Beach, Fla.
East 210' o~ the HenPy A. · AI~ E.
S. 100* off Ocean Hildreth, 210 ' $ 3~.42
Beach ~t 28; 84 HaPbor Ave.,
~Pblehead,
~est 150' o~ 0tls C. · Bessle
Ocean Beach ~cklebe~ry, 150 ' $ 281.73
~t 29~ P. 0. Box 968,
Delray Beach, Fla.
East 329* off the Hahlon S. ~etr, 329 ' $ 617.93
N. 88.2* o~ Ocean Box 477,
Beach Lot 29; Del~ay Beach, Fla.
964 ~ $1,810.58
~T~ COST OF I~O~NT ...... $1,810.58
ContPactor $1,655.93
S~veyo~ 107.00
Adver. - B/ds. 29.49
Adver. - Assess. Roll 18.16
$1,810.58~
Co~lssloneP S~dy ~ved that 0rd~ance G-216 be passed on
second md ~tnal read~g. Hotlon vas seconded by Co~tssloner
Ba~ov and ~an~usly ca,led.
City Ha~ger ~. E. La, son, JP., then read 0rdlnance G-217.
ORDINANCE G-217.
A~ ORDINANCE OF THE CITY CO~JHISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, DECLARING THE POLICY AND PUR-
POSE OF THE CITY OF DELi~Y BEACh, FLORIDA, TO EXTEND
TO THE E~IPLOYEES AND OFFICL~I~S OF SAID CITY OF DELRAY
BEACH, FLORIDA, NOT EXCLUDED BY L~W, NOR HEREINAFTFA~
EXCEPTED, THE BENEFITS OF THE SYSTEH OF FEDERAL OLD
AGE AND SURVIVORS INSURANCE, AS SUTHORIZED BY THE
FEDERAL SOCIAL SECURITY ACT, AND AHNNDHENT~ HERETO,
UPON THE BASIS OF APPLICABLE STATE AND FEDERKL
OR REGULATIONS: AUTHORIZING AND DIRECTING THE NAYOR
(OR OTHER CHIEF EXECUTIVE OFFICER) TO EXECUTE AGREE-
HENTS AND AHENDHENTS ~HERETO WITH THE STATE AGENCY
AUTHORIZED TO ENTER INTO SUCH AG~TS, FOR COVER-
AGE OF SAID ENPLOYEES AND OFFICIALS: RROVIDING FOR
WITHHOLDINGS FROH SALARIES AND WAGES OF ENPI~YEES AND
OFFICIALS OF SAID CITY OF DELRAY BEACH SO COVERED TO
BE HADE AND PAID OVER AS PROVIDED BY APPLICABLE STATE
OR FEDERAL LAWS OR REGULATIONS: PROVIDING THAT SAID
CITY OF DELRAY BEACH SHALL APPROPRIATE AND PAY OVER
ENPLOYER*S CONTRIBUTIONS AND ASSESSHENTS AS PROVIDED
BY APPLICABLE STATE OR FEDERAL LAWS OR REGULATIONS:
PROVIDING THAT SAID CITY S/L~T,T~ KEEP RECORDS AND HAKE
REPORTS AS REQUIRED BY APPLICABLE STATE OR FEDERAL
LAWS OR REGULATIONS.
September ~7th, 1955,
BE IT ORDAINED by the City Comission of the City of Delray
Beach, Florida, as follows:
SECTION 1. It is hereby declared to be the policy and pu~poso
of the City of Delray Beach, Florida, to extend, ~ffective as of
October 1st, 1955, to the employees and officials thereof, not
cluded by law, nor excepted here~n, the benefits of the system of
0LDAGEAND SURVIVORS INSURANCE as authorized by the Federal Social
Secttpity Act and amendments thereto, and by Chapter 650, Florida
Statutes, as amended; and to cover by such plan all services wkich
constitute employment as defined in Section 650.02, Florida Stat-
utes, performed in the employ of said City of Delray Beach, Florida,
by employees and officials thereof, except~
1o Service of an emergency nature.
2. Service in all classes of elective positions.
3. Service in part-time positions.
4. Service in positions the compensation for which
is on a fee basis.
SECTION 2o There is hereby excluded from this ordinance any
authority to include in any agreement entered into under Section
3 hereof any service, position, employee, or official now covered
by or eligible to be covered by an existing retirement system.
SECTION 3. The ~ayor (or other chief executive officer) is
hereby authorized and directed to execute all necessary agreements
and amendments thereto with the Florida Industrial Comisslon, as
State Agency, for the purpose of extending the benefits provided
by said system of Old Age and Survivors Insurancoto the employees
and officials of this City as provided in Sections I and 2 hereof,
which agreement shall provide for such methods of administration
of the plan by said City as are found by the State Agency to be
necessary and proper, and shall be effective with respect to
services in employment covered by such agreement performed on and
after the first day of October, A. D., 1955.
SECTION 4. Withholdings From salaries, wages or other com-
pensation of employees and officials for the purpose provided in
Section 1 hereof are hereby authorized to be ~ade, and shall be
made, in the amounts and at such times as may be required by app-
licable State of Federal laws or regulati&ns, and shall be paid
over to the State Agency designated by said laws or regulations
to receive such amounts.
SECTION 5. There shall be appropriated from available funds,
derived from the General Fund and the Water Revenue Fund, such
amounts, at such times, as may be required to pay promptly the
contributions and assessments required of the City of Delray Beach,
Florida, as e~ployer by applicable State or Federal laws or regu-
lations, which shall be paid over to the lawfully designated State
Agency at the times and in the manner provided by ~aw and regulation.
SECTION 6. The City shall keep such records and ~ake such
ports as may be required by applicable State or Federal laws or
regulations, and shall adhere to the regulations of the State Agency.
SECTION 7o The City does hereby adopt the te~s, conditions,
requirements, reservations, benefits, privileges, and other condit-
ions thereunto appertaining, of Title II off the Social Security Act
as ~mended, for and on behalf of all officers and employees of its
departments and agencies to be covered under the agreement.
SECTION 8. The City Treasurer of the City of Delray Beach,
Florida, is hereby designated the custodian off all sums withheld
from the compensation of offficers and employees and of the appro-
priated funds for the contribution of the City off Delray Beach,
September.2?th, 1955,
and the City Treasurer of said City is hereby made the withholding
and reporting agent and charged with the duty of maintaAn~ng per-
sonal records for the purposes of this ordinance.
SECTION 9. ~ This ordinance shall take effect upon its
proval and publication as required by
PASSED AND ADOPTED in regular session on the second and
final reading on this the 27th day of September, Ac Do, 1955.
_ (Sl~ned) W.J. Snow
~ NAYOR i
¢~T.) ·
A TTES T:
. (signed) R~ D. ,Worth~n~ ,
C~ty C~rk ~
First Reading September 13, 1955.
Second Readinf September 27, 1955.
Clerk*s Certificate
I ~orhby certify that the above is a true and correct copy
of Ordinance No. G-217, passed and adopted on the 27th day of
September, A. D., 1955, and that it has been published according
to law and is now in full force and effect.
(slgned) R.D. Worthtng
(SEAL) City Clerk
Commissioner Sundy moved that Ordinance G-217 be passed on
second and final reading. Notion was seconded by Commissioner
Bar~ow and unanimously carried.
City Hanager ~o Eo Lawson, Jr. then read the follow~ng
Ordinance No. 6-220 and recommended its adoption in support of
a recent Act of the 1955 State Legislatu~e.
ORDINANCE G-220.
AN ORDINANCE OF THE CITY CO)~iISSION OF T~
CITY OF DELRAY BF~tCH, FLORIDA, AH~DXNG
PAI:tAGflAI:~ (a) SECTION 26-4, CHAPTER 26,CODE
OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA,
RELATING TO REGULATIONS OF TAXI CABS AND OTHER
HOTOR VEHICLES.
Commissioner Sundy moved that this Ordinance be placed on
first reading. Notion vas seconded by Commissioner Barrow and
unanimously carried.
City Hanager W. E. Lawson, Jr. then read Resolution NO.
98?, and further advised that November 22nd would be the hearing
date.
RESOLUTION NO. 987° '
RESOLUTION DECLARING CERTAIN LANDS IN THE
CITY OF DELflAY BEACH, FLORIDA, TO CONSTI-
TUTE A NUISANCE IN VIOLATION OF THE CITY
CODE OF ORDINANCES, CHAPTER
9®ptember 27%h, 1955.
~HEREAS, Chapter 15 of the Code of Ordinances for the City of
Delray Beach, Florida, declares all lands in the City not kept free
from debris, vegitation (including trees) or other matter, which
may become a danger in time of hu~ricane, and f~om weeds exceeding
a height of 18 inches, and from filth and trash, constitute a
nuisance; and
WHEREAS, pursuant to said Ordinance Code, the Chief of the
l~lre Department of Delray Beach, Florida, has made a survey report,
in writing, to the City Manager~ describing certain lots or parcels
of land in said City wherein conditions such as specified in Chap-
ter 15 of the City Code of Ordinances exist; and
WHEREAS, the City of Delray Beach, Florida, after
Commission
consideration of said survey report, is of the opinion that a prima
facie case showing the following .lands constitute a nuisance within
the provisions of said Chapter 15 of the City Code of OrdinanCes
re,erred to herein.
NOW, THEREFORE, BE IT RESOLVED that the existence of a nuisance
be, and the same is hereby declared, upon the followZng described
lots or parcels of land for violation of the provisions of said chap-
ter 15 of the City Code of Ordinances as specified after each de-
scription, and the City Clerk of the City off Delray Beach, Florida,
is directed to furnish the owners of each parcel of land, as herein-
after set Forth, a notice in accordance with Section 6 of Ordinance
G-147, and Chapter 15 of the City Code, and the City Commission will
sit on the 22nd day of November, 1955, at 2:30 o'clock P. Ho, at the
City Hall in Delray Beach, Florida, for the purpose of allowing said
owners to show cause, if any they can, why said nuisance should not
be abated.
Sub/Div. Violation of
Chap. 15, Sec
0WNER. ADDRESS4. Lot No.. . Block 15,2t -3t -4~
Harry Ro & Olive i. 1705 Timberlane Dr., 5 C THE VILLAGE 2~3
Clarage Kalamazoo, ~ich.
Thomas G. & Beatrice P. O. Box 36, 6 C do 2&3
E° Leek Boynton Beach, Fla.
F. V. & Hargaret ~'. P. 0. Box 852, 1 D dO 2~3
HacFarlane Delray Beach, Fla.
Cecil E. & Stella' 327 N.E° 2nd Ave. 13 D do 2&3
Snyder Delray Beach, Fla.
Thomas G. & Beatrice P. O. Box 36, 1 E do 2~3
E. Leek Boynton Beach, Fla.
Hobert A. Fenton 7 Wilmuth Rd. 1 G do
. Wyoming, Cincinnati,O
Richard L. & Sarah 863 W° Schantz Ave. W.51.5'
A. Holton Dayton 9, Ohio of 2 G do 2&3
Thomas E. Pemberton 3525 Rldgewood Rd. 6 G do 2~3
Toledo, Ohio
Dorothy H. Appel 22 E. 54th Street, 7 G do 2&3
Indianapolis 20, Ind°
Robert A. Fenton 7 Wilmuth Hd. 8 G do 2&3
Wyoming, Cincinnati, 0.
September 27th, 1955.
9UB/DIV. VIOLATIONS OF
Chapter 15,
OWNER ~dress .... Lot No. Block' ~®c.!572~-3.y4.
Herbert H. & Leonie Rt. ~ 1, Box 318,
G. Hoffitt Delray Beach, Fla. 1 & 2 H do 2~3
Wendell & Hadora Hountain View Dr. 3 H do
Hamm Lewlston Hts
Lewlston, N. Y.
Eugene Bobrovnichy R.D. ~ 1. Box 108, 4 H do 2&3
Farmingdale, N. J.
Joe ~. Phillips 1036 Andalusia Ave. 4 K do 2~3
Coral Gables, Flao
Julia W. Met 2983 Cherokee Rd. 7 * K d° 2~3
Birmingham, Ala.
Dudley H. & Gladys 819 Sufffield Road 7 L do 2~3
C. Frick Birmin~ham, Hich.
F. F. & Hargaret P. P.O. Box 852 5 H do 2&3
HacFarlane Delray Beach, Fla.
Helen Kraus Webb P.O. Box 1065, Irreg. Lot in N.E.
Delray Beach, Fla. Corner of South 4
Ocean Beach Lot 26.
(Approx. 64' x 150')
APPROVED THIS 27th day of September, 1955.
(Si~ned) W.J. Snow
HAYOR
AT,ES T:
(s,i~ned), R. D. Worthin~
City Clerk
Co2missioner Barrow moved that Resolution No. 987 be adopted.
Hotion was seconded by Commissioner Sundy. and unanimously c~rrie~.
In regard to the Wellbrock subdivision of part of Block 122,
the Planning Board approved the plat with the provision that the
owner increase the width, of paving on N. E. 8th Avenue to 22 feet.
City Hanager Lawson stated he did not believe the developer should
be required to increase the pavement width on 8th Avenue s~nce it
is not located within the subdivision,
Commissioner gundy then moved that the plat be adopted ac-
cordon& to the recommendations of the Planning Board. There was
no second to his motion and the matter was held over till the next
meeting for a full vote.
The report of the Planning Board relative to 'Utility Ease-
ments' and"Water Line Layout°, in Southridge S/D was deferred for
ffurther consideration.
9eptember 27th, 1955.
In the report from the PlanningBoard with regard to the
set'backs for West Atlantic Avenue they recomended as follows:
Commercial 50 feet from R/~ Center line.
Filling Station, Pumps,etc. 60 ' ' ~ ' '
Residences, Hotels, Hotels 75 M ,, M . ~
nDrive-Ins~ 80 ~ ' ~ " ~
It was agreed unanimously by the Comission that this matter
be deferred until locat&~n a~d route of toll road is known.
The Planning ~oard recommended that James I. Sinks be reappoint-
ed'to the Planning/Zoning Board.
Comissioner Sundy ~oved that James I. Sinks be reappointed for
a period of four years, effective September 28~ 1955. Notion was
seconded by Com~issioner Barrow and unanimously carried.
Comissioner Sundy moved that bills in the sum of $17,390.30
be paid subject to the approval of the Finance Com~ittee. Hotion
was seconded by Co~missioner Barrow and unanimously carried.
Colissioner Bar~ow moved that the agreement requested by the
Florida Power and Light Company providing for use of their p~les for
the control circuits to synchronize traffic lights be executed.
Hotion was seconded by Comissioner Sundy and unanimously carried.
City Attorney Neil HacNlllan then read letter and opinion from
Attorney General relative to Chapter 839.09 of the Florida Statutes.
STA~E OF FLORIDA
Office of
ATTORNEY GENERAL'
Tallahassee September lff, 1955
*Honorable Neil E. HacHillan
City Attorney,
HacNillan Building
17 Northeast Fourth Avenue
Delray Beach, Florida
Re: Section 839.09, Florida Statutes,
Purchase of Supplies from City Councilman
Dear Neil:
.~ Receipt is acknowledged of you~ letter of September 13, 1955,
with its enclosure, the same being a resolution of the City Co~miss-
ion of the City of Delray Beach and relatin~ to the above.
In the absence of additional facts and due to the ~eneral nature
of the questions, my answers thereto necessarily will have to be in
generalities.
You first ask MHay a City Councilman of the city participate in
the awarding of a general contract, be a sub-contractor of the general
contractor?~
Enclosed is a copy of Opinion 049-510 which presents a somewhat
similar situation. F~om reading this opinion you will see that the
factual situation presented was that the board member received the
contract from the contractor after competitive bids and did not know
at the time of awarding the main contract whether the successful bidder
would ask for a bid from his firm, or if wuch~bid was sumbitted, that
firm would be successful. You will also note that the question was
answered so as to permit such board member to submit a bid simply in
the ususal course of business and ~here there is no intent to circum-
vent the statute. As definitely as can be stated without additional
facts, unless the councilman subcontractor fell within the factual
situation covered by the enclosed opinion, I rather seriously doubt
September 27th, 1955.
that he would be permitted to supply mterials. A public officer
should not place himself in a position in which personal interests
may come in conflict with his duty to the public (Stubbs v. Florida
State Finance Co., Il8 Fla. 450, 159 So. 527). Therefore, if he
could reasonably anticipate that he might be employed as subcontract-
or, I believe he would have indirect interest tn the awarding of the
contract.
This discussion has anm~ered yotw second question relative 'to
the purchase of materials in the ordinary course of business after
awarding~ of a general contract.
You ask by your third question what e~fect would a council-
man not voting to award the general contract have upon his status
as a prospective subcontractor. I do not believe this would make
any difference since one could refrain from voting and, thus~.
circm~ent the statute.
From the above general statements I believe you will be
able to determine whether or not your factual situation comes
within the purview of Section 839.09, Florida Statutes.
Sincerely
(signed) Dick
Richard W. Ervin
Attorney Gener~l'
'CRIMES
OFFENSES BY AUCTIONI~ERS, PUBLIC OFFICERS AND EMPLOYEES.
October 25, 1949 ! 049-510
COUNTf CO~/I$SIONE~--~E~BE~ PARTNERSHIP--LUMBEH B~ING S~PLY
BUSI~SS--P~C~SES ~LOW~--CO~ETITIVE BIDS ~QUI~--DADE CO.
SEC~ON 839.09. ~HIDA STATUTe.
q~STION: "One off the ~embers o~ o~ Dado Co~ty Board off County
Co~issioners is a member of a partnership in the l~ber
and building supply business. From time to t~e, after
acceptance of bids by the Board, successfful bidders, ask
his fl~ for bids for l~ber and other building supplies
on a competitive basis with other l~ber ~d b~ldinE
supply concerns. ~en the contracts ave awarded by the
Board of Co~ty Co~issioners, the particular member -
thereoff does not know whether or not the successful ~ '
bidders rill ask ffo~ bids From his firm, or does such
member know ~ether or not if his firm should rake
such bids it would be successfful.
"undev these conditions, rill you please let me know
~hether or not in yo~ opinion it is la~l For the
fire of such member of the Board off County Co~ission-
e~s to f~nish l~ber and other buildinl supplies to
successful bidders on cowry contmacts~"
To: Honorable Park H. Campbell, Attorney, Board off Co~ty Co~-
issioners, Dade Co~ty, Hla~i, Flo~ida~
Section 839.09, Florida Statutes, provides in part:
"No state or eo~ty board or ~icipal board o~
council shall p~e~se supplies, ~oods or ~terials
Cot public use ffro~ any Ci~ or co~po~ation in ~hich
any membe~ off such board is either directly, o~
indirectly interested, or shall any such board pay
For such supplies, ~oods or ~terials so purchased."
~eptember 27th, 1955.
Under the facts presented in your letter, I can see no
conflict with this statute. The county does not contemplate
accepting bids or makin& purchases From the company owned by a
member of the Board of CO~dniSsioners.
If a successful bidder for county business such as a
contractor, later pu~dhases supplies on competitive bids ffr~m
the commissioners company, simply in the usual course of business
and ~rlth no fraudulent intent to circumvent Section 839.09, I do
not believe that such action ~ould be prohibited by law.
Your question is therefore answered in the affl~ativeo
Rlchar~ W. E~in
Attorney General
City Hanager W. Eo Lawson, Jr. then read letter from Dr.
Williams in which he requested that the City off Delray Beach rock
S. W. 3rd Street to S. W~ 15th Avenue.
The Commission instructed the City Hana~er to create
suitable ingress and egress to Dr. Williams intended d~elopment,
at such time as in his opinion it be warranted.
City Hanager W. E. Lawson, Jr. then read a letter fr~m
Edward Sherer wherein H~o Sherer requested acceptance of his
resi~nation as a member of the Delray Beach swimmin& Committee
inasmuch as he and his wife were both serving on the Swimming
Committee.
Commissioner Sundy moved that Hi*. Shererts resignation
be accepted. Notion was seconded by Commissioner Barrow and un-
animously carried.
City Hanager ~o E. Lawson, Jr. read a notice from the
Florida League of Hunicipalities advising off a meeting to be held
November 13, 14 and 15 and infor~ed the Commissioners he would like
For some of them to attend, if possible.
Commissioner Sundy moved that Hike Nachek be appointed to
fill the vacancy on the Palm Beach County Resources and Development
Board, due to C. ~. Ga~ner having been appointed to the Presidency
of the Board. Hotion was seconded by Commissioner Barrow and unan-
imously carried.
Commissioner BarrOw moved that the meeting adjourn.
(Si~ned) , R' ,,.D. Worthtn6
City Clerk
APPROVED
Playor