06-08-54 8, 1954
A Regular Meeting of the City Council of the City of Delray
Beach, Florida, was held in the Council Chambers with Mayor
Catherine E. Strong in the Chair, City Manager W. E. Lawson, Jr.,
City Attorney Nell MacMillan, and the following Council members
present: Glenn B. Sundy, R. J. Holland, Mrs. Alma K.~ Woehle, and
W. Cottingham Allen, a Quorum being present.
An opening prayer was delivered by Rev. ~. Lawrence.
Upon motion of Councllm~an Allen, seconded by Mrs. Woehle and
unanimously carried, the minutes of the meeting held May 25th were
approved with the following ~orrection: Mrs. Strong asked that the
detailed audit go back to the time when she was City Clerk.
Mrs. Evelyn C. Foote spoke to the Council with ~eference to
s~me property she owns in Delray Beach, stating that she had k00 feet
on a dedicated street and that unknown to her, the street was aban-
doned by the City and given to Mr. Walter Seymour. She further
stated that her property now has no frontage and that she would like
to have access to the property. Mrs. Foote stated that her husband
had dedicated a private road, which was formally known as Bowers
Avenue, for public use forever~ Mr. MacMillan explained that the
City had only approved a replat of the property and advised Mrs.
Foote to employ counsel.
Mayor Strong stated she felt the Council should help Mrs. Foote
as much as possible and it was ~ecided that the Council would check
wi th Mr. Seymour.
Mr. Holland stated they would try to have something ready for
~Nrs. Foote at the next regular meeting.
Mr. MacMillan asked that he be allowed a permit to move a house
he owns from its present location to a lot on NV 4th Avenue. Mr.
Hughson stated he had checked the house and the lot it is to be
moved to and that it is in conformance with the surrounding nelghbor-
hood.
Councilman Holland moved that the pe rmit be approved. Council-
man Allen seconded the motion and it carried unanimously.
Mr. Harry McKean addressed the Council briefly on the present
status of the Turnpike.
Mr. Lawson spoke to the Council with reference to the lot clear-
ing programe He stated it was decided at a previous meeting that
the City should start the program by clearing City owned property
and now that this has begun he felt they should proceed with lot
clearing in accordance with Ordinance G-147. He stated that each
property owner would be r~tified by letter and have an opportunity
to be heard. He presenteA lists of property to be cleared to the
Council and stated that he had secured lists of contractors who want
to bid on the clearing of lots.
Mrs. Woehle felt that trees and shubbery should be left and
that the contractors should not go in and mow down everything.
Councilman Holland moved that the lists be approveA subject to
Fire Chief Gregory's verification. Councilman Sundy seconded the
motion and it carried unanimously.
The auditors of Himes & Himes addressed the Council with refer-
ence to the detailed audit for the Water Department. They outlined
the procedure which would have to be followed and stated that t~
exact time the procedure would take was unknown but that it would
take a great deal of time and they felt their price would be approxi-
mately $1200. They also felt that a check on internal control would
be sufficient.
Mayor Strong asked if this spot check would be a monthly check.
T~e auditors stated that since no irregularities show up they propose
to check in detail the receipts into the records and then to spot
check. They stated the first three months (October, November, and
December) would be checked and subsequent to that they would ~et a
representative number for the year.
99.
Mayor Strong stated she Was interested in a safe check on every
depsrtment in the City, including the Water Department.
Councilman Holland m~ved that the recommendation of the auditors
be accepted - the recammendation for a test check, not to have a
detailed audit. The motion was seconded by Councilman Allen and
carried unanimously.
Hr. Lawson addressed the Council with reference to the hiring
of a Director of .~ublic Works. He stated he war/~d someone who could
plan the work for the whole department. He stated that we should
have indexed plats and plans and that a study should be made of
present personnel and equipment to determine whether they could be
used to better advantage. He stated he would like to have someone
with Public Works experience and that he felt such a man would be
a great advantage to the city.
1/rs. %/oehle asked if the person would be an engineer and )ire
Lawson replied that he would not n$cessarily be a graduate enginee~
but familiar with~survey~ng.
Hr. Holland stated he thought what the City Hanager wanted was
an efficiency expert for the Public Works de~,artment.
Councilman Holland moved that the City man~ger be authorized
to employ a Director of Public Works. Hrs. Woehle seconded the
motion which carried unanimously.
Mayor Stron~ asked the Council to consider approval of the final
plat of the Ken Dacheller subdivision. Councilman Holland asked if
it conformed with the Planning Board's recommendation and was told
that it did. Councilman Holland m~ved that the plat be approved and
the motion was seconded by Councilman Allen and carried unanimously.
A request from Sunny South Lodge 671 to transfer a beverage
ltcen se from 36 NW 5th Avenue to 107 NW 5th Avenue was discussed.
Mr. I~awson read a letter from the Lodge in which they stated they
are not open to the public and that the beer would be for members only.
Councilman Holland moved that the transfer of the license .be
granted provided they comply with the existing ordinance. Councilman
Allen seconded the motion and it carried unanimously.
Er. I~awson read a letter from Dr. S. I. Francis in which he
requested permission to erect a combination dwelling and office in
a Residence A district.~ Mr. Hughson stated it would be a deviation
in zoning.
Councilman Holland moved that the requesb be denied' Council-
man Allen seconded the motion which carried unanimously.
Mr. MacMillan read .the following ordinance governing removal
or repair of unsafe buildings. ORDINANCE NO. 190
AN ORDINANCE PROVIDING FOR THE VACATION,
REMOVAL, REPAIR, OR DEMOLITION OF ANY BUILDING OR
STRUCTURE WHICH IS OR THREATENS TO BE A PUBLIC NUISANCE,
DANGEROUS TO THE HEALTH, MORALS, SAFETY, OR GENERAL
WELFARE, OF THE PEOPLE OF THE CITY OF DELRAY BEACH,
FLORIDA, OR WHICH MIGHT TEND TO CONSTITUTE A FIRE MENACE,
AND FOR THE ASSESSMENT OF .THE COST OF ~A~ATION, REMOVAL,
REPAIR, OR DEMOLITION THEREOF AS A MUNICIPAL LIEN OR
ASSESSMENT AGAINST SUCH P~EMISES, AND TO PROVII~E FOR THE
RECOVERY OF SUCH COSTS IN AN ACTION AT LAW.
WHEREAS, in the City of Delray Beach, Florida, there are or
may be in the future buildings or structures which are dilapidated,
unsafe, dangerous, unsanitary, a menace to the health, ~morals, safety,
and general welfare, of the people of this city, and which might
.tend to constitute a fire menace, and which are a public nuisance,
BE IT THEREFORE ORDAINED by the City Council of the City of
Delray Beach, Florida:
SECTION 1: DANGEROUS BUILDING DEFINED. All buildings or
8, 1954
structures which have any or all of the following defects shall be
deemed "dangerous buildings":
(a) Those whose interior walls or other vertical struc-
tural members list, lean or buckle ~t~ such an extent that a plumb
line passing through the center of gravity falls outside of the
middle third of its base.
(b) Those which, exclusive of the foundation, show thirty
three (33) per cent or more, of damage or deterioration of the
supporting member of mmubers, or fifty (50) percent of damage or
deterioration of the non-supporting enclosing or outside walls or
covering.
(c) Those which have improperly distributed loads upon
the floors or roofs or in which the same are overloaded, or which
have insufficient strength to be reasonably safe £or the purpose used.
(d) Those which have been damaged by fire, wind or othe~
causes so as to have become dangerous to life, safety, morals, or
the general health and welfare of the occupants or the people of the
City of Delray Beach.
(e) Those which.~have become or are so dilapidated, decayed,
unsafe, unsanitary, or which so utterly fail to ~rovide the amenities
essential to decent living that they are unfit for human habitation,
or are likely to cause sickness or disease, so as to work inJur$ to
the health, morals, safety or general welfare of those living therein.
(f) Those having light, air, and sanitation facilities
which are inadequate to protect the health, morals, safety, or
Eeneral welfare of human beings who live or may live therein.
(g) Those having inadequate facilities ~or egress in case
of fire or panic or those having insufficient stairways, elevators,
fire escapes, or other means of communication.
(h) Those which have parts thereof which are so attached
that they may fall and injure members of the public or property.
(i) Those which because of their condition areunsafe,
unsanitary, or dangerous to the h alth, morals, safety or general
welfare of the people of this city.
(J) Those buildings existing in violation of any provision
of the Building Code of t~A s city, or any provision of the fire
prevention code, or other ordinances of this city.
SECTION 2. STANDARDS FOR REPAIR, VACATION, OR DEMOLITION.
The following standards shall be followed in substances by the
Building Inspector and the City Council in ordering re. pair, vacation,
or demolition:
(a) If the "dangerous building" can reasonably be repaired
so that it will no longer exist in violation of the terms of this
ordinance it shall be ordered repaired.
(6) If the "dangerous building" is in such condition as
to make it dangeroas to the health, morals, safety, or general wel-
fare of its occupants it shall be ordered to be vacated.
(c) In any case where a "danger~a~sbuilding~ is 50 per
cent damaged or decayed or deteriorated from its original va~ne or
s~ucture, it shall be demolished, and in all cases where a building
cannot be repaired so that it will no longer exist in violation of
t~e terms of this ordinance it shall be demolished. In all cases
where a "dangerous building" is a fire hazard existing or erected
in violation of the terms of this ordinance or any ordinance of the
city or statute of the State of Florida, it shall be demolished.
8, 19 4
SECTION 3. DANGEROUS BUILDINGS - NUISANCES. All "dangerous
buildings" within the terms of Section 1 of this ordinance are hereby
declared to be a public nuisance, and shall be repaired, vacated,
or demolished as hereinbefore and hereinafter provided.
SECTION 4. DUTIES OF BUILDING INSPECTOR. The Building Inspec-
tor shall:
(a)- Inspect or cause to be inspected semi-annually, all
public buildings, schools, halls, churches, theaters, hotels,
tenements, commercial, manufacturing, or loft buildings for the
purpose of determining whether any conditions exist which render
such places a "dangerous building" within the terms of Section 1
of this ordinance.
(b) Inspect any building, wall or structure about which
complaints are filed by any person to the effect that a building,
wall, or structure is or may be existing in violation of this
o rdinan ce.
(c) Inspect anF building, wall, or structure reported
(as hereinafter provided for) by the Fire or Pelice Departments of
this city as probably existing in viglation of the terms of this
or dinanc e.
(d) Notify in writing the owner, occupant, lessee,
mortgagee, agent, and all other persc~s having an interest in said
building as shown b~ the land records of the Recorder of Deeds of
the County of Palm Demob, of any building found b2 him to be a
"dangerous building" within ~he standards set forth in Section'l
of this ordinance, that: 91) the owner must vacate, or repair, or
demolish said buildl,ng in accordance with the terms of the notice
and this ordinance; ~2) the occupant or lessee must vacate said
building or may have it repaired in accordance with the notice and
remain in possession; (3) the mortgagee, agent, or oth~ persons
having an interest in said building as shown by the land records
of the Recorder of Deeds of the County of Palm Beach may at his own
risk repair, vacate, or demolish said building or have such wor~ or
act done; provided, that any pers~ notified under this subsection
to repair, vacat~ or demolish any building shall be given such
reasonable time, not exceeding 30 days, as may be necessary to do,
or have done, the work or act required by the netice provided for
herein.
(e) Set forth in the notice provided for in subsection
(d) hereof, a description of the building or structure 4eemed
unsafe, a statement of the particulars which made the building or
structure a "dangerous building" and an order requiring the same
to be put in such condition as to comply with the terms of this
ordinance within such length of time, not exceeding 30 days, as
is reasonable.
(f) Repor~ to the City Council any non-compliance with
the "notice" provided for in subsection (d) and (e) hereof.
(g) Appear at all hearing~ conducted by the C_ity Council
and testify as to the condition of dangerous buildings".
(h) Place a notice on all "dangerous buildings" reading
as follows:
"This building has been found to be a dangerous
building by the Building Inspector. This notice is to remain
on this building until it is repaired, vacated, or demolished
in accordance with the notice which has been given the owner,
occupant, lessee, m~tgagee, or agent of this building, and
all other persons having an interest in said building as shown
by the land records of the Recorder of Deeds of the County of
Palm Beach. It is unlawful to remove this no tice until such
notice is complied with."
SECTION 4. DUTIES OF CITY COUNCIL. The City Council shall:
(a) Upon receipt of a report of the Building Inspector as
provided for in Section 4, Subsection (f) hereof, give written
notice to the owner, occupant, lessee, mortgagee, agent, and all
other persons having an interest in said building as shown by the
land records of the Recorder of Deeds of the County of Palm Beach
to appear befo~ it on the date specified in the notice to shown cause
why t~e building or structure reported to be a ~"dangerous building"
should not be repaired, vacated, or demolished in accordance with
the statement of particulars set forth in the Building Inspector, s
notice provided for herein in Section 4, subsection ($).
(b) Hold a hearing and hear such testimony as the Building
Inspector or the ownmr, occupant, mortgagee, lessee, or any other
person having an interest in said building as shown bY the land
records of the Recorder of Deeds of the County of Palm Beach, shall
offer relative to the "dangerous building".
(c) Make written findings of fact from the testimony
offered pursuant ~o subsection (b) a~ to whethe~ or not the building
in question is a "dangerous building" within the terms of Section
1 here of.
(d) Issue an order based upon findings of fact made pur-
suant to subsection (c) commanding the owner, occupant, mortgagee,
lessee, agent, and all other persons having an interest in said
building as shown bythe land records of the Recorder of Deeds of
the County~ of PalmBeach to repaint, vacate, or demolish any build~g
found to be a "dangerous building" within the terms of this ordinance
and provided t~t any person so notified, except the owners, shall
have the privilege of either vacating or repairing said "dangerous
building"; or any person not the owner of said "dangercxsbuilding"
but having an interest in said building as shown by the land records
of the Recorder of Deeds of the County of Palm Beach may demolish
said "~angerous building" at his own risk to prevent the acquiring
of a l~en against the land upon which said "dangerous building"
stands by the city as provided in subsection (e) hereof.
(e) If the owner, occupant, mortgagee, or leesee fails to
comply with the orderprovided for in subsection (d) hereof, within
ten days, the City Council shall cause such building cr structure
to be repaired, vacated, or demolished as the facts may warrant,
under the standards hereinbefore prc~Ided for in Section 2 of this
ordinance, and shall with the assistance of the City Attorney cause
the costs of such repair, vacation, or demolition to be charged
against the land on which the building existed as a municipal lien
or cause such costs to be added to the tax duplicate as an assess-
ment, or to be levied as a special tax against the land upon which
the building stands or dad stand, or to be recovered in a suit at
law against the owner; provided, that in cases where such procedure
is desirable and any d~lay thereby caused will not be dangerous to
the health, morals, safety, or general welfare of thepeople of this
city, the City Council shall notify the City Attorney to take legal
action to force the owner to make all necessary repairs or demolish
the building.
(f) Report to the City Attorney the names of all persons
not complying with the order provided for in subsection (d) hereof.
SECTION 6. VIOLATIONS - PENALTY FOR DISREGA~DING NG~ICEB
OR ORDERS. The owner of any "dangerous building" who shall fail
to core, ply with any notice ore.der to repair, vacate, or demolish
said building given by any person authorized by this ordinance to
give such notice or order shall be guilty of a misdemeanor and
upon conviction thereof shall be fined not exceeding five hundred
dollars ($500.00) for each offense and a further sum of ten dollars
($10.00) for each and every day suc~ failmre to comply continues
beyond the date fixed for compliance.
The occupant or lessee in possession who fails to comply with
JUNE 8, 1954
any notice to vacate and who fails to repair said building in
accordance with any notice given as provided for in this ordinance
shall be guilty of a misdemeanor an~ upon conviction thereof
shall be fined not exceeding five ~undred dollars ($500.00) for
each offense and a furthe~ sum of ten dollars (~10.00) for each
and every day such failure to comply continues beyond the date
fixed for complianSe.
Any person removing the notice provided for in Section 4,
subsection ~h) hereof shall be guilty of a misdemeanor and upon
conviction shall be fined not exceeding five hundred dollars
($500.00) for each q~f~nse.
SECTION 7. DUTIES OF THE CITY ATTORNEY. The City Attorney
shall:
(a) Prosecute all persons failing to compl~ with the
terms of the notices provided for herein in Section 4,~subsections
l l. d
(b) Appear at all hearings before the City Council in
regard to "dangerous buildings".
(c) Bring suit to collect all municipal liens, assess-
ments, or costs incurred by the City Council in repairin$ or
causing to be vacated or demolished "dangerous buildings .
(d) Take such other legal action as is necessary to
carry out the terms and provisions of this ordinance.
SECTION 8. EMERGENCY ~ASES. In cases where it reasonably
appears that there is immedi~e danger to t he life or safety of
any person unless a "dangerous building" sas defined herein is
immediately repairs, vacated, or demolishe~ the Building Inspec-
tor shall report such facts to the City Council and the City Council
shall cause the immedi~e repair, vacation, or dempli si ti on of such
"dangerous building". The costs of such emergency repair, vacation,
or demolisition of such "dangerous building" shall be collected in
the same manner as provided in Section 5, subsection (e) hereof.
SECTION 9. ~NHENE OWNER ABSENT FROM THE CITY. In cases, ex-
cept emergenc$ cases ~here the owner, occupant, lessee, or mortgagee
is absent from the city, all notices or orders provided for herein
shall be sent by registered mail to the owner, occupant, lessee,
mortgagee, and all other persons having an interest in said building
as shown by the land records of the Recorder of Deeds of the County
of Palm Beach, Florida, to the last known address of each, and a
copy of such notice shall be posted in a conspicuous place on the
"dangerous building" to which it relates. ~uch mailing and posting
shall be deemed adequate service.
SECTION 10. ADMINISTRATIVE LIABILITY. No officer, agent,
or employee of the City of Delray Beach, shall render himself
personally liable for any damage that may accrue to persons or
property as a result of any act required or permitted in the
discharge of his duties under this ordinance. Any suit brought
against any officer, agent, or employee of the City pf Delray
Beach as a result of any act required or permitted i~ the discharge
of his duties under this ordinance shall be defended by the City
AttorSey until final determin~ ion of the proceedings therein.
5ECTION ll. DUTIES OF FIRE DEPARTM~tT. The employees of the
Fire Department shall make a report in writing to the Building
Inspector of all buildings or structures which are, may be, or are
suspected to be "dangerous buildings" within the terms of th~ s
97
ordinance. Such reports must be delivered to the Building Inspec-
tor within 24 hours of the discovery of such buildings by any
employees of the Fire Department.
SECTION 12. DUTIES OF POLICE DEPARTMENT. Ail employees of
the Police Department shall make a report in writing to the Building
Inspector of any buildings or structures which are, may be, or are
suspected to be "dangerous buildings" within the terms of this
ordinance. Such reports must be delivered to t~e Building Inspector
within 24 hours of the discovery of such buildings by any employee
of the Police Department.
SECTION 13. SEPARABILITY. It is the intention of the City
Council that each separate provision of this ordinance shall be
deemed independent of all other provisions herein, and it is further
the intention of the City Council that if any provisions of this
ordinance be declared invalid, all other provisions thereof shall
remain valid and enforceable. .
PASSED AND A~0PTED on second and final reading this 8th day
of June, 1954.
/s/ Catherine E. Strong
Mayo r
ATTEST:
/s/ R. D. Worthing
City Clerk
Councilman Holland moved that the ordinance be adopted on
Second and final reading. Councilman Allen seconded the motion
which carried unanimously.
Mrs. Strong stated that the appointment of a Supervisor for
the Ground Observor Corp would not be brought up because Mr. Vance
had not had an opportunity to make recommendations.
The following resolution was read by Mr. Lawson:
RESOLUTI ON N0. 922
RESOLUTION DECLARING BUILDING LOCATED ON THE SOUTH
24 FEET OF LOT 8, AND ALL OF LOT 9, BLOCK 109,
DELRAY BEACH, FLORIDA, A "DANGENOUS BUILDING", AND
FINDING SAID BUILDING IS UNFIT FOR HUMAN HABITATION
WHEREAS, The City Council of the City of Delray Beach, Florida,
did, in regular session held on April 13, 1954, receive a report
from the Building Inspector and Fire Chief of said City that the
building located on the south 24 feet of Lot 8, and all of Lot 9,
Block 109, Delray Beach, Florida, was unsafe for human occupancy
and created a fire and storm hazard to surrounding properties, and:
WHEREAS, the City Council did then direct the City Attorney
to set a date, and to notify the owner of said property thereof,
for a hearing to determine whether said building is unfit fo~ human
habitation, and
WHEREAS, pursuant to t~ ~directions of the City Council as
aforesaid, the City Attorney did furnish the owner of said property
with notice that t½e City Council would sit on Tuesday, June 8,
1954, at the 'hour of 2:30 P.M. at the Council Chambers, City Hall,
954
City of Delray Beach, Florida, for the purpose of holding, a hearing
to determine the condition of said building, and to authorize' suc~
further action as may be Justified from the evidence then presented;
and
WHEREAS, pursuant to said notice, the City Council of the City
of Delray Beach, Florida, did, on June 8, 1954, at 2:30 P.M. at the
City Hall in said City, hold the hearing p~ovided for in such notice,
and heard and considered such material and pertinent evidence as was
adduced before it.
NOW, THEREFORE, BE IT RESOLVED~ that the building located on
the south 24feet of Lot 8 and all of~Lot 9, Block 109, Delray Beach,
Florida, be, and the same is hereby declared to be a "dangerous
building", and unfit for human habitation; that the owner o~ said
building located on said property whall~, at,his own risk, repair,
or demolish said building located on said p~operty within a reason-
able time from the date hereof.
AND, BE IT FURTHER RESOLVED that the City Clerk of the City of
Delray Beach, Florida, furnish the owner of the above described
lands, or his agent, with a copy of this resolution; that in the
event said owner fails to comply with the provisions hereof within
a reasonable time, upon reasonable notice thereafter given, the
City of Delray Beach, Florida, ~ill enter upon said bands and demol-
ish the building aforesaid and will levy the cost of such work as
an assessment against the property he re inabove described.
APPROVED this 8th day of June, 1954.
/s/Catherine E. Strong
Mayor
ATTEST:
/s/ R. D. Worthing
City Clerk
SEAL
The City Attorney asked Mr. Hughson, Building Inspector, if
this building is unsafe and Mr. Hughson replied that it is.
Councilman Holland moved that the resolution be adopted as
read. Councilman Sundy seconded the motion which carried unani-
mously.
The City Clerk read the following ordinance:
ORDINANCE NO. 191
ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA,
ADOPTING "~0UTHERN STANDARD BUILDING CODE", AS
REVISED, AS THE BUI'LDING CODE FOR THE CITY OF
DEIARAY BEACH, FLORIDA.
BE IT ORDAINED by the City Council of the City of Delray
Beach, Florida, as follows:
Section l: That the "Southern Standard Building Code", as
revised, be and the same is hereby adopted as the building code
for the City of Delray Beach, Florida.
Section 2: That all ordinances and parts of ordinances in
conflict herewith be, and the same are hereby repealed.
P~SSED in regular session on second and final reading on
this 8th day of June A.D., 1954.
ATTESt: /s/ Catherine E. Strong
Mayor
/s/ R.D. Worthim4~
City Clerk
UNE 8, 1954
Councilman Holland m~ved that the ordinance be adopted on
second and final reading. Councilman Sundy seconded the motion
which carried unanimously. .
The City Clerk read the following amendment to Emergency
Ordinance No. G-178.
ORDINANCE NO. 188
ORDINANCE AMENDING SECTION 2 OF EMERGENCY ORDINANCE
NO. G-178 OF THE CITY OF DELRAY BEACH, FLORIDA, BY
PROVIDING MEMBER OF PLANNIN~ BOARD MAY BE PERSON
HAVING PRINCIPAL PLACE OF BUSINESS IN DELRAY BEACH,
FLORIDA.
BE IT ORDAINED by the City Council of the City of Delray Beach,
Florida, as follows:
Section 1: That Section 2 of Emergency Ordinance No. G-l?8
of the City of Delray Beach, Florida, be and the same is hereby
amended as follows:
Section 2: Composition - The Planning Board shall consist
of five members, who shall either be residents of the City of
Delray Beach, Florida, of shall hay e their principal place of
business in Delray Beach. Said members shall be persons of
recognized experience and qualifications, and shall hold no other
public office or position under the City government, except as a
member of a Zoning Board of Adjustment or Appeals.
Section 2: That all ordinances and parts of ordinances in
conflict herewit~ be, and the same are hereby repealed.
PASSED in regular~session on second and final reading on this
8th day of June A.D., 1954.
/s/ Catherine E. Strong
Maycr
ATTEST:
/s/ R. D. ~orthing
City Clerk
SEAL
Councilman Holland moved that the mended ordinance be
adopted on second and final reading. Councilman Alle~ seconded
the motion and upon call of roll, Mayor Strong voted opposed and
Council members Sundy, Holland, Woehle and Allen voted in favor
of the ordinance.
The subject of a letter of resignation submitted by Robert
Blake, Chairman of the Planning Board, was discussed. Councilman
Holland moved that Mr. Blake's resignation not be accepted. .The
motion was seconded by Mrs. Woehle and upon call of roll, Mayor
Strong abstained and Council members Sund~, Holland, ~oehle and
Allen voted in favor of th~ motion.
Mayor Stron$ stated that James Sinks had been recommended
to serve on the Flanning Board.
Councilman Holland moved that Mr. Sinks be appointed to the
P~lanning Board to fill the unexpired term of Ha~ry McKean. The
motion was seconded by Councilman Allen and upon call of roll,
Mayor Strong abstained and Council members Sundy, Holland, boehle,
and Allen voted in favor of the appointment.
Mayor Strong stated that James Love, Jr. had been recommended
100
8, 1954
as a member of the YoUth Recreation Board.
Councilman Allen moved that Mr. Love be appointed as a member
of the Youth Recreation Co~ittee. The motion was seconded by
Councilman Holland and carried unanimously.
,~n amendment of the City Code pertaining to the prohibiting
of keeping of livestock within the city limits was read.
ORDINANCE NO. 189
ORDINANCE OF THE CITY OF DELRAY BEACH, FLORIDA, ~AMENDING
SECTION 15 OF CHAPTER XIV OF THE CItY CODE OF THE CITY
OF DELRAY BEACH, FLORIDA, BY PROHIBITING THE KEEPING OF
LIVESTOCK IN THE CITY LIMITS.
BE IT ORDAINED by the City Council of the City of Delray
Beach, Florida, as follows:
Section 1: That Section 15 of Chapter XIV of the City~Code
of the City of Delray Beach, Florida, is hereby amended to reaA
as follows:
"Section 15: (a) The keeping, maintaining or ~asturing of
horses, cattle, mules, goats, sheep, swine, poultry or other
livestock in the City of Delray Beach, is prohibited.
(b) That it shall be unlawful for any live-
stock to run at large within the City Limits of the City of Delray
Beach, Florida."
· Section 2: That all ordinances and parts of ordinances in
conflict herewith be, and the same are hereby repealed.
PASSED in regular session on second and final reading on
this 8th day of June A.D., 1954. ,~
/s/ Catherine E. Strong
Mayor
ATTEST:
/s/ R.D. Worthing
City Clerk
SEAL
/
Councilman Sundy moved that the amendment be placed on second
and final reading. Councilman Allen seconded the motion which
carrie d unanimously.
Mrs. Woehle asked if the horses w~lch were discussed at a
previous meeting had been removed from the city limits. Mayor
Strong stated tUey had not been moved and it was decided that the
City Manager would notify the owner of the ~rses to have them
move d.
Mayor Strong brought up the matter of NW ?th Avenue which
was improved by Ozzie Youngblood and it was decided that the
matter should be tabled for further study, until the survey is
received.
Mayor Strong stated that a group of peopl~ from the west
side had called on her with reference to a public beach to be
established in South ~alm Beach County. They asked thet the
Council meet with the County Commission in their behalf.
After discussion it was decided thet the Council would approve
the expressed intent and desire of Mayor Strong and Mrs. Woehle
to meet with the County as the Council's representatives but they
were not to make any commitments.
8, 1954
Bills in the amount of $26,775.98 were approved subject to
the approval of the ~*inance Co~tttee, upon motion of Councilman
Sundy, seconded by Councilman Allen and unanimously carried.
The subject of transfer of various funds from the Delray Beach
First National Bank to the Boynton Beach State Bank waw discussed.
The Council then discussed the loan of Warren Grimes to the
Golf Course in the amount of ~100,000 - 430,000 to be used to
recall outstanding bonds and 470,000 to be used for a new club
house and improvements. The interest is 3 percent. It was brought
out that the $13,000 a year utilities tax would haveto be pledged
to secure the loan.
Mrs. Woehle felt the utility tax should not be pledged.
The Council discussed adve~tising the loan and it was decided
unnecessary.
Councilman Allen moved that the City secure the ~100,000 loan
and authorize the City Attorney to take necessary steps to issue
~100,000 of Special Tax Revenue Certificates, pledging the utility
tax revenue in payment thereof, for the purpose of calling the
outstanding revenue certificates and for improvement of the Golf
Course and for building a club house, and other improvements at
the Golf Course, on a negotiated basis with Mr. Grimes or his
nominee at 3%.interest, and providing for said certificates to be
callable at any time The motion was seconded by Councilman Holland
and upon call of roll, Mayor Strong, Council members Bundy, Holland,
and Allen voted in favor of the motion and Mrs. ~oehle voted opposed.
Mayor Strong stated the City Clerk had requested a refund of
~256.80 for error in property assessment be made to Virginia Hadden
for Lot 6 and the south 10 feet of Lot 5, Block 128.
Councilman Holland moved that the money be refunded because
of a mathematical error in computing cubic footage. The motion
was seconded by Councilman Sundy and carried unanimously.
Mrs. Woehle inquired as to what had been done about the
Swimming Pool ordinance. Mr. MacMillan asked if the Southern
Btandard Building Code covered swi~aning pools and Mr.Hughsonreplied
that he did not think so but that he would check into it.
A letter was read f~m the Beach Taxpayer's League expressing
their enthusiasm for the city acquiring a new golf club house and
other improvements to tb~ golf program through the generous offer
of ~;arren G. Grimes.
A resolution was read by Mr. Lawson as follows:
RESOLUTION NO. 921
RESOLUTION OF THE CITY OF DELRAY BEACH, FLORIDA,
PROVIDING FOR GOLF COURSE FUNDS.
BE IT RESOLVED by theCity of Delray Beach, Florida, as follows:
1. Pursuant to Article 21, Section 179, of the City Charter
of the City of Delray Beach, Florida, Golf Course funds shall be
under the supervision and control of the Golf Commission which
commission shall be responsible to the City Council.
2. That all ehecks written on Golf Course funds shall be
signed by the Treasurer cf the City of Delray Beach and counter-
Signed by either the Chairman or Vice-Chairman of the Golf Committee.
THIS RESOLUTION PASSED this 8th day of June, A.D., 1954.
/s/ Catherine E. Strong
Mayor
ATTEST:
/s/ R.D. Worthing
City Clerk
SEAL
Councilman Sundy moved that the foregoing resolution be
adopted. The motion was seconded by Councilman Holland and
car ri ed unanimously.
The meeting then adjourned.
APPROVED:
~AYOR
ATTEST:
CITY CLERK