Loading...
10-11-55 0eiober llth, 1955. A Regular Heeting of the City Commission of the City of Delray Beach, Florida, was held in the Co~mission Chambers at 2:30 P~ H., with Hayor W. J. Snow in the Chair, City Hanager W. E. Lawson Jr., City Attorney Neil HacHillan and the following Commission Hem- bets being present; E~ory J. Barrow, Catherine E. Strong and W. Cottin~ham Allen, a quorum being present. Commissioner Strong moved that the Htnutes of the September 27th meeting be approved as amended. Hotlon was seconded by Commiss- ioner Barrow and unanimously carried. Att'y. R. C. Burns of West Palm Beach, speaking in the in- terest of Hr. Dorson and Hr. Udell who contemplate developing Section 7-46-43, addressed the Commission inquiring as to the City's intent relative to a previously discussed route through tho south-half of Section 8-46-43, connecting Swinton Avenue with a proposed County paved road west of the souther~ tip of Lake Ida. Commissioner Strong urgently requested the remaining Comm- issioners to withold any Further commitments in connection with this previously discussed proposed route until a public meeting could be held in order that all persons affected or interested ~ht be given an opportunity to be heard. Hayor Snow advised Attorney Burns the parties referred to here~n and whom he represented had been informed, at a previous Con- lesion meeting, the City does not have available Funds in the Current budget for participating in the costs of the proposed route. No Fur- ther action on this mattel was taken. Comissioner Strong moved that the Commission confirm the action taken on Hatch 22nd, at a regular meeting of the Comission, with regard to the Fire department answering calls outside the City limits and that all possible publicity be given this directive. Hotion was seconded by Commissioner Allen and unanimously carried. Pr~vision having, been made in the current budget For three (3) new automobiles for the Police Department ~nd the City Hanager advised of having received two bids in response to invitations to five agencies handling Chevvolets, which power-glide type of car had been recommended by the Police Department as best suited to meet the need. Com~lssioner Stron~ moved to accept the low bid off Adams Chevrolet For furnishing three cars meeting the speclffications fo~arded Pith the invitation to bid. Hotion was seconded by Co~n- issioner Allen. Upon Call of Roll, Hayor Snow and Commissioner Barrow opposed and the motion did not carry. Commissioner Stron~ then moved that the city Hanager and Chief off Police prepare new specifications to include other makes of automobiles as well as the Chevrolet and re-advertise. Hotton was seconded by Commissioner Barrow and unanimously carried. City Kanager Lawson then referred to Ordinance G-221, pertaining to prohibiting postin~ of signs concerning the retail price of gasoline, which ordinance was placed on First reading at the regular meeting of the City Commission held on September 27th, 1955. C°~issioner Allen moved that this matter be deferred For the time b&!ng due to a test case of a similar ordinance to be con- ducted in ~est Palm Beach on October 17th, and to poreLtt tho Comm- ission time For ascertaining the constitutionality off the ordinance from the~results of said test case. Hr. Richey, representative of the ~outheastern Retail Gas- oline Dealers Association, asked the ~ommissioners what they hoped to gain by deferring the smtter. Hr. Louis Lanier informed the Coimission that the Station Operators had requested the creation of this ordinance to prevent a local price war. October llth, 1955o Commissioner Strong reminded H~. Rtchey and Hr. Lanier of Commissioner Allen*s previous comment and Further stated that the present Commission did not desire to p~ss any ordinance which might be proven illegal as should be determined in the test case scheduled in this County For October 17th, 1955. The City Hanager read a letter From the Petroleum Harket- ers Association, Inc., Jacksonville, Fla., wherein that body request- ed the adoption of a proposed resolution, copy of which was attache& thereto, which resolution, in-the main, reflected ~being opposed to any unnecessary restrictions on the erection of new service stations and the reconstruction of existing stations~. Commissioner Strong moved that this letter, together with proposed resolution, be referred to the Planning Board. Hotlon was seconded by Commissioner Barrow and unanimously carried. Commissioner Strong moved that the proposed Ordinance pertaining to operations of Barber Shops and the estqblishment of a local Board of Examiners who, in part, would pass on the qualifi- cations of new barbers .entering the City off Delray Beach, be deferred. Hotion was seconded by Commissioner Barrow and unanimously carried. City Hanager Lawson then read, on second reading, 0rdieance G-218o ORDINANCE 6-218 o AN ORDINANCE OF THE CITY CO~04ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, A~E~DING SUB- PARAGRAPH (a) OF SECTION 21-4, CHAPTER 21, OF THE CITY CODE OF ORDINANCES, PERTAINING TO EXAHINATIONS OF JOURNEY~LA~ AND HASTER PLUBHERS. BE IT ORDAINED by the City Commission of the City of Delray Beach, Florida, as follows: That Sub-Paragraph (a) of Section 21-4, Chapter 21, Code of Ordinances, City of Delray Beach, Florida, shall be amended to read as Follows; SECTION Iz Sub-Paragraph (a) shall be amended to read: ~It shall be the duty of the board of plumbing commissioners to examine and pass on the qualifications of all applica~s who desire to engage in the business of plumbing within the city. An examinat- ion to determine the teachnical ability off applicants shall be held monthly, upon the third Saturday morming, whenever such examination is requested by an applicant, provided such application is on File with the Plumbing Commission at least Fifteen (15) days prior to said examination day. This examination shall satisfy the Board as to the applicants ability as a plumber as well as his complete ffa~iliar~ty with the plumbing code of the City. The examination may be made in whole or part in writing and oral, and shall be sufficiently strict to test the applicant's qualifications. Applicant must also satisfy the Board as to his character and'in- tegrity. Licenses may be revoked by the City Commission upon commendation of the plumbing commission For just cause.~ SECTION 2. This Ordinance shall repeal any Ordinance or Ordinances, or part or parts thereof in conflict herewith. ~ASSED AND ADOPTED in regular session on second and Final reading on this the llth day of October, A. D., 1955. (SEAL) (signed) W.J. Snow HAYOR ATTNST: (Si~ned) R.D. Worthin6 First Reading, September 13, 1955 " City Clerk Second Reading, October llth, 1955 Passed & Adopted, October llth, 1955. &23 October llth, 1955 Con~nissioner Barrow moved that Ordinance 0-218 be passed and adopted on second and final reading. Motion was seconded by Comm- issioner Allen and unanimously carried. City Manager Lawson then read, for its second reading, Ordinance 6-220. 0 .RDINANCE AN ORDINANCE OF THE CITY COHHISSION OF THE CITY OF DELBAY BEACH, FLORIDA, AHENDING PAR- AGRAPH (a), SECTION 26-4, C~APTEI~ 26, CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, FLORIDA, RELATIVE TO REGULATIONS OF TAXI CABS AND OTHER MOTOR VEHICLES. _BE IT OHDAINED by the City Comm~ssion of the City of Delray Beach, Florida, as follows: SECTION I. That Paragraph (a), Section 26-4, Chapter 26, of the City Code of Ordinances of the City of Delray Beach, Florida, be_and the same is hereby amended to read as follows, to-wit: (a~' Liability insucance. All taxicabs and/or motor vehicles which are regulated by Sections 26-1 and 26-2 of this chapter shall be. insured in a responsible insurance company to be approved by the Clt~ Clerk of this City, which imsurance shall cover up to the sum of $10,000. for any one individual, $20,000. for total liability to all individuals involved and $5,000. for property damage which may incur from the operation of such vehicles. 'Each such vehicle so operated in the City of Delray Beach shall be insured for not less than said amount, or in lieu thereof, the owner or operator of said vehicle may post a bond ~th the City of Delray Beach, Florida, in the amount of $35,000. for each taxicab so operated conditioned to indemnify passengers for injury sustained in the operation of said vehicle and conditioned to indemnify the owner of property damaged by such operation, which bond shall be approved by the Cit] Clerk of the City of Delr~y Beach, Florida. If the taxicab and/or motor vehicle is insured, the insurance shall be paid up to and including September 30th (thirtieth) following the date of its issuance and the policy of insurance shall be deposited with the City Clerk of the City of Delray Beach, Florida. SECTION 2. All ordinances or parts of ordinances in confflict herewith' are hereby repealed. PASSED IN REGULAR SESSION, this llth day of October, A. D., 1955. .(Signed) W.J. Snow MAYOR ATTEST: (Si~ned) R.D. Worthin~ City Clerk (SEAL) First Reading, September 27th, 1955. Second and Final Reading, October llth, 1955. 424 October llth, 1955. Commissioner Strong moved that Ordinance 0-220 be passed on second and final reading. Hotion was seconded ~ Commissioner Barrow and unanimously carried. City Manager Lawson then read the following Ordinance G-222. ORSINANCE G-222. AN EMERGENCY ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, DEFINING THE TERHS AS USED HEREIN: ESTAB- LISHING AND IMPOSING CHARGES AND FEES FOR THE SEHVICE OF GARBABEAND TRASH COIJ~CTION HENDEHEDSTORES, SHOPS, RESTAURANTS, HOTELS, BOARDING AND APARTHENT HOUSES, DUPLEXES AND HOUSEHOLDS BY SAID CITY: DECLAHING CERTAIN ACTS OH PRACTICES RELATIVE TO THE ACCUHULATION, DEPOSIT, STORAGE, AND HANDLING OF GARBABE AND THASH TO BE UNto LAkS~ILAND A VIOLATION OF THIS OHDINANCE: PHESCRIBZNG TYPES OF CONTAINERS: PHESCRIBING PENALTIES FOR THE VIOLATION OF THE PROVISIONS OF THIS ORDINANCE: REPEAL- ING ALL ORDINANCF~ OH PARTS OF ORDINANCES, INSOFAHAS THEY HAY BE IN CONFLICT OR INCONSISTENT WITH THE PROV- ISIONS OF THIS ORDINANCE: AND FOR OTHER. PURPOSES. WHEREAS it is necessary for the preservation of the public health and welfare within the City of Delray Beach that regulat- ions be prescribed for the proper storage of refuse within said City and, WHEREAS for the daily operation of the Sanitation Division of the Department of Public Works it is necessary that said regula- tions be made effective immediately, and that an emergency exists, NOW THEREFORE BE IT AND IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELHAY BEACH, FLOHIDA: Section 1. Definitions. For the purpose of this ordinance: (a) Refuse. The word "refuse" is hereby defined to mean garbage, household trash, and garden trash, as herein defined. (b) Gargabe. The word "garbage" is hereby defined to mean every refuse accumulation of animal, fruit, or vegetable matter that attends the preparation, use, cooking, and dealin& in, or storage of, meats, fish, fowl, fruits, or vegetables, and any other matter of any nature whatsoever which is s~b]~c% to decay and the generation of noxious or offensive gases or odors, or which, during or after decay, may serve as breeding or feeding material for flies or other get,n-carrying insects; and any bottles, cans, or other containers which, due to their ability to retain water, may serve as breeding places for mosquitoes or other water- breeding insects. (c) Household trash. The term "household trash" shall mean refuse accumulation of paper, wooden or paper boxes or other con- tainers, sweepings, and all accumulations of a nature other than garbage which are usual to housekeeping. (d) Garden trash. The te~m "Garden trash" shall mean all accumulations O~ grass, tree, or shrubbery cuttings and other refuse incident to the care of lawns, shrubbery, vines and trees. (e) ~ The term "garbage can" shall be defined to mean a ~d~-i-~on can of the type commonly sold as a "garbage can", of the capacity not to exceed twenty-five (25) gallons, or of the type commonly sold as an "ash can" of a ca- pacity not to exceed thirty (30) gallons, and, in either case, October llth, 1955. such cans shall have two handles upon the sides of the can, or a bail by which it may be Iiffted, and shall have a ti~ht-fitting metal top. (f) T~ash container. The te~m ~trash container~ shall mean any wood or metallic container, of a size not to exceed five (5) cubic feet in capacity, for the purpose of storing household trash, as hereinabove defined. (g) Household. The ter~n ~household~ shall be any family living unit, and, ~whe're two or more Families are living on the same premises, each shall be considered am a household. Duplexes also shall be considered as households and defined as such for the purpose o£ this ordinance° (h) ~ houseo The term #apartment house~ shall mean any structure wnere there are three or more residential units. Section 2. Garbage or trash can required. All s~ores, shops, restarrants, hotels, boarding or apartment houses, warehouses, duplexes, households, and other places in said City are hereby required to provide a garbage can or cans and trash container or containers of suffic~ent number to hold three (3) days acCumulation of garbage or trash, as the case may be. Section 3. Separation of 6arbase from household trash; ' ~ans to be kept tightly covered. Ail wet garbage matter shall be wrapped in paper before being placed in garbage cans. Ali garbage, after having been so wrapped and drained of all liquids, shall be daily deposited in garbage cans herein required. Tin cans, bottles, and other containers shall First be drained of all liquid and shall be deposited in garbage cans. Household trash may be combined with garbage or may be placed in a separate container. Any articles of household trash not placed in the prescribed container will not be picked up. In the event such an article is too large and cannot be reduced to a size which can be placed in a container it may be placed with the garden trash, immedi- ately prior to the collection date for such material. All garba&e and trash cans shall be kept tightly covered at all times, except as it is necessary to remove the cover for the purpose of depositing garbage or trash in the can or when collection is being made. Section 4. Accessibility. No garbage can or trash container shall be kept or maintained upon or adjacent to any street, sidewalk, parkway, front yard, side yard, or other place within the view of persons using the City's streets and sidewalks, except that: 1. The o~ner or occupant of any premises may erect or con- struct and maintain upon any portion of the rear of his own premises a permanent bin, pit, or other structure in which &arba&e cans and trash containers may be kept; pruvided, that such bin, pit, or other structure is maintained in a clean, sanitary, and sightly condition. 2. Garbage cans and trash containers shall not be kept upon neighboring property not in the ovnership or tenancy of the person by whom the garbage or trash is accumulated, irrespective of whether or not such neighboring uroperty be vacant or improved. ~/here the premises abuts'upon a used alley, garbage cans and trash containers shall be placed within easy and convenient access to such alley. '3. Trash accumulations in areas where daily collection is pro- vided shall be placed in the prescribed trash containers, or may be placed in available cardbOard boxes where such boxes are a part of the trash to be collected. Loose papers, packing materials and any October llth, 1955. other loose trash shall not be placed in a bin or other re-usable receptacle which cannot testily be carried, lifted and dumpedonto a truck by not more than two men. In the event that waste cardboard containers are used they shall be so pro~ected From rain that their condition at the time of collection is adequate to hold the contained trash without damper of spillage due to Failure. Wherever possible containers shall be placed at the rear of the establishment and be located near an area where the trucks can be loaded. Section 5. Removal of garden trash. Garden t~ash shall be deposited upon the parkway immediately in front of the premises of the person by whom such accumulatio~ is made, or where such premises are located upon a used alley, at a point easily accessible to and readily noticable from such alley, on the days prior to the dates specified, from time to time, by the City, for the collection of trash From such premises. It shall be unlawful for any person to deposit such garden trash upon any ad- joining lot or premises, whether vacant or improved,~ occupied or unoccupied, or upon any other lot or premises, or street, alley, or park, or in any canal or waterway, lake or pool within the City. Garden trash containing no combustible matter, or which will not, during decay, give off offensive odors, may be accumulated by the owner as a mulch or compost pile in the rear of the premises upon which accumulated. Section 6. Inspection of ~arba~e cans and trash containers~ L Condemnatibn. Ail garbage cans and trash containers shall be subject to inspection and approval or condemnation by the Inspectors of the Public Works Department and the Health Officers of the City. No appeal From such condemaation shall be possible except to the Director oF Public Works and to the Health OfFicer oF the City. Section 7. Burial oF garbage or trash. No person, Firm or corporation shall deposit on or bury in, or cause to be deposited on or buried in, any land, public square, street, alley, vacant or unoccupied lot, or any creek or water course any noxious, filthy, malodorous, or offensive liquid or solid material, garbage, or trash, or place or keep such materials, garbage, or trash anywhere within the limits off the City of Delray Beadh, Florida, in any vessel or receptacle other than in a stand- ard, ap,roved garbage can or trash container From which regular collections are to be made. Such garbage cans and trash containers shall be of such size, style, and design as have been approved by the Department of Public Works of said City for the accumulation, deposit, and storage, respectively, of garbage and trash. The' Director of the Department of Public Works and the Health Officer may, however, approve in writing certain places for the burial of such garbage or trash. Section $. Removal by persons other than employees of the City. In all cases in which carbage or trash is removed or dis- posed of by persons other than the mployees of the department of Public Works of the City, the owner or occupant of the premises from which such removal is made shall previously report to the Director of Public Works and the Health Officer of the City, the name and address of the persons by which such removal is to be made, the description of the vehicle in which it is to be trans- ported, the location at which and the~anner in which the ulti- mate disposition of the garbage and trash is to be accomplished. No person shall contract or permit himselff to be employed for such pr&rate disposition off garbage or trash unless he shall have first procured a license or permit therefor from the Director of the Department of Public Works of the City. October llth, 1955. Section 9. Transportation of sarbage through the streets. It shall be unlawful For any person to transport garbage through or over the streets or alleys of the City without making a report thereof to the Director of the Department of Public Works and the Health Officer 'of the City, or ~ithout having first secured a license or permit therefor. Section 10. Household trash to be covered or wei~hted. Ail householdtrash deposited in trash containers shall either be covered, or the trash in such containers shall be weighted do~n, so that the lighter materials cannot be blown from such containers. Section 11. Service charge or flee. (a) There is hereby Fixed, established, and imposed a service charge or Fee of one (1¢) cent per cubic foot, or fraction thereofl, For the services rendered by the City in the collection and disposi- tion of garbage and trashy: as herein defined, from any store, shop, restaurant, hotel, boarding or apartment house, warehouse, or other place of business in said City, which service charge or fee shall be payable at the office of the City Treasurer quarterly, semi-annually, or annually ~n advance of the period For which such services are to be rendered by said City, provided, however, that for the purpose of determining the amount cfi t~ash and garbage to be collected at each store, shop, restaurant, hotel, boarding or apartment house, ware- house, duplex, household, or other place of business, should there be a disagreement between the Department of Public Works of s&id Gity and the person, firm, or corporation liable For the payment of such flee, the Director off Public Works shall designate one of his employees to measure such trash and garbage collected From such place of business For one or more average weekly periods selected by the Director of Public Works, and the number of cubic Feet of trash and garbage measured and collected during such period, mulitplied by thirteen (13), shall be taken and considered by said Department of Public Works as the amount of trash and garbage to be charged for during such quarter at the afore- mentioned rate of one (1¢) cent per cubic foot; provided, however, that no such quarterly payment shall be in an amount less than Three ($3.00) Dollars quarterly. (b) The o~ner or operator of any store, shop, restaurant, hotel, bol~ding or apartment house, warehouse, duplex, household, or other place of business in said City shall have the right and option, in lieu of having his trash and garbage collected by the City, to haul his garbage or trash, or cause the same to be hauled, to the City's disposal area to be disposed of, upon the payment of a service charge or fee of twenty-five (25¢) cents per cu. yd., payable annually in advance, which is hereby fixed, established, and imposed flor the ser- vices rendered by said City for such servicea. (c) Each household shall pay a service charge or fee cfi Three ($3.00) Dollars per quarter, payable quarterly in advance, and duplex- ex shall pay Three ($3.00) Dollars per unit, total cfi Six ($6.00) Dol- lars, per quarter, payable quarterly in advance. (d) The payment of the service charge or fee hereinabove Fixed, established, and imposed shall entitle the person, firm or corporation paying the same to garbage and trash collection and disposal service by said City From the premises For which such payment shall have been made, and only to the extent of such advance payment. Section 12. License~ ere required For private ~arba~e disposal. No person shall remove garbage or trash From any household in the City, or transport garbage or trash through the streets, alleys or other public ways of the City, or dump, incinerate, or in any other: manner dispose of garbage or trash originating in the City, or O~tober 11th, 1955. contract for, or permit himself to be employed or enga{ed for, any such removal, transportation, or disposal without having first secured a license for such service from the Tax Assessor of the City, evidencing the payment to the City Treasurer of the fee prescribed by the license schedule. Before issuing any such license, the :Tax Assessor shall require the execution of an application form to be furnished by him, showing the name or names of the person to licensed or, in the case of a corporation, the names of the prin- cipal officers and the names of the person or persons who are actually to perform such service for the corporation, together with the busi- ness and home addresses of each of such persons; the description of the equipment to be used for such removal, transporSation, and dis- posal; the exact location of and the method of disposal. The ap- plication shall be first submitted to the Director of the Department of Public Works and the Health Officer who shall make a full investi- gation of the application, and, if they ascertain and determine that such garbage and trash are to be removed and disposed of by the ap- plicant in a clean and sanitary manner and in such a way as not to affect adversely the public health of the City, they shall approve the same. Otherwise, they shall disapproye such application. When such application specifies a point off disposal beyond the limits of the City, the Health Officer and the Director of the Department of Public Works shallsascertain whether or not the disposal off garbage at the point named and by the method described in the application are satisfactory to the proper authorities off Palm Beach County or of the municipality, if such point be within another municipality. No license under this section shall change any of the personnel named in such application, nor any of the equipment used for the removal or transportation of refuse, nor the location or method of its disposal as described in such application without having first reported such changes to the Director of the Department of Public Works and the Health Offficer off the City, or without havin~ first secured their approval and permission therefor. In the case of changes in the location and method of disposal, if beyond the limits of the City, such changes shall also be First approved by the proper authorities of Palm Beach County or of the municipality within which such disposal point is to be located. Section 13. Enforcement. (a) It shall be unlawful for any person, firm, or corporation to neglect, fail, or refuse to comply with and abide by any of the provisions of this ordinance. The performance on each day of any prohibited act or practice or the failure to perform on each day of any required act or practice shall constitute a separate and distinct violation of this ordinance and a separate offense hereunder and shall be punishable as such. (b) The City Treasurer may swear out a warrant for any person or persons failing to,comply with this ordinance. Such violators shall be punished upon conviction as provided herein. (c) Any person, firm, or corporation who shall violate t~is ordinance shall, upon coflviction thereof, be fined not more than Five Hundred ($500.00) Dollars or be imprisoned in the City Jail or at hard labor upon the streets or other public works of the City not to exceed sixty (60) days, or by both such fine and im- prisonment. Section 14. Conflictin~ ordinances. All ordinances or parts of ordinances, insofar as they may be inconsistent with or in conflict with the provisions of this ordi- nance, shall be and the same are hereby.repealed. Section 15. Validatini clause. If any part or portion of this ordinance shall be held un- constitutional, void, or unenforceable, it shall not affect the remainder thereof. October llth, 1955. Section 16. Effective date. This is an emergency ordinance and shall become effective on November 1, 1955. PASSED AND ADOPTED in regular session this the 20th day of October, A. D., 1955. (signed) W.J. Snow Hayor (S~L) ATTEST: (si~ned) R.D. Worthing City Clerk Commissioner Strong moved that Emergency Ordinance G~222 be adopted on this first and final reading and to be efffectibe as of November 1st, 1955. Motion was seconded by Commissioner Barrow and unanimously carried. With reference to further development of Delray Hanor S/D, by Mr. Dorsey and Hr. Kendall, the Planning Board recommended the following: ~The Board considered the circumstances in the case to warrant special consideration inasmuch as the continuity of a worthwhile improvement to existing conditions, permissable under present zoning, would be destroyed by a zoning change during the course of development, and recommends that the Building Inspector be authorized to issue peri, its for buildings in this project, qualifying under present zoning, For a ~eriod off 18 months, provided construction has started on one or more of the houses prior to any zoning changer. Commissioner Strong moved that the Commission accept the recom- mendation of the Planning/Zoning Board and to so authorize the Build- ing Inspector in accordance therewith. Hotion was seconded by Comm- issioner Sllenand Unanimously carried. With reference to a proposed Park Hanor S/D, in the vicinity of N. W. 18th Street and Swinton Avenue, the Planning/Zoning Board commended that, in view of the rezoning p~oposals to be submitted in December, the developers of Park Manor S/D revise their plat to con- form · r~th the requirements of the proposed R-lA Zoning classification, namely Min. Lot Size 9500 sq. ft., Min. Floor Area 1080 sq.ft., residence, exclusive of garage or carport. Con~nissioner Strong moved that the developers of Park Manor ,S/D be requested to conform with the recommendations o£ the Planning/ Zoning Board and that the City Hanager submit to the Commission an estimated cost of supplying water to that area. Motion was seconded by Commissioner Allen and unanimously carried. Commissioner Strong moved that the deviation request of the new owners of the Webb Building be denied due to lack of sufficient in- f0r~ati0n as to intent of the o~ners. Motion was seconded by Comm- issioner Barrow and unanimously carried. City Manager Lawson was then instructed to contact the new owners of the Webb Building and obtain a definite understanding, in writing, of what they propose to do and to also obtain a certified copy of the engineer's report on the condition of the building. · 0ctober'llth, 1955. Commissioner Barrow then moved that the Commission grant the present owners of the property in question permission to provide for a set-back of 2.5 ft. in the re-construction of the Webb Build- ing, and to further provide that the set-back be ~aintained for the full length of their property on the easterly side thereof. Motion vas second4d by Commissioner Allen and unanimously carried. Commissioner Strong moved that Bills, in the sum of $93,453.41, be paid, subject to the approval of the Finance Committee. Motion was seconded by Com~issioner Barrow and unanimously carried. City Attorney MacMillan presented two bills covering fees for services rendered: Preparation of Archer & Warriner Lease $75.00 Obtaining Title Insurance on Johnson Land $87.10 Comm/ssioner Strong moved that these two bills, for services rendered, be paid. Motion was seconded by Commissioner Allen and unanimously carried. Commissioner Barrow moved that the Smallwood house be sold to Mr. a~d Mrs. Henry Gordon for $100.00, providing same shall be moved within thirth (30) days. Motion seconded by Commissioner and unanimously carried. Commissioner Strong moved that Ralph Priesmeyer be appointed to fill the vacancy in the mem~ership of the Swimming Committee, due to the resi~nation of Mr. ~dward Scherer. Motion seconded by Commissioner Allen and Unanimously carried. With reference to a letter received from Mr. C. Herrick Hammond, representing the Beach TaxpayersLeague, the City Manager was requested to contact the County Commission seeking their aid in the combating of the Mosquito situation in the Andrews Avenue area north of Atlantic Avenue, which has become a very annoying problem, possibily due to the dredging of the Waterway. Meeting adjourned. (Si/ned) R.D. Worthin{ City Clerk APPROVED: MAYOR