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08-27-51 AUGUST 27, 1951 A Regular Meeting of the City Council of the City of Delray Beach was held in the Council Chambers with Mayor Nal~rJA~Roth in the Chair, City Manager Robert Lovelace, and the following Councilmen p~esent: R. J. Holland, John N. Kabler, ~. A. Jacobs, and W.~.~-~M;~S~ra~ a quorum being present. The m~nutes of August 8 and August 13 meetings were approved as written. Plans for a Dairy Queen at the corner of Swinton Avenue and West Atlantic Avenue were presented by Gene Ennis. Upon motion of Councilman Holland, seconded by Councilman Musgrave and unanimc~ sly carried, the plans were accepted subject to the approval of the City Manager and Building Inspector. The Council discussed a request from O. D. Priest, Jr., to construct a guest cottage on North Federal highway. Mr. Hughson advised the building does not conform to ceiling heights and the property is business zoned. Councilman Kabler made a motion that the request be referred to the City Manager and City Attorney for their opinions. The motion was seconded by Councilman Holland and unanimously carried. ~ A bill was presented for approval from Jack Sh~'s Water Tank Rec ondi ti oning. Upon motion of Councilman Jacobs, seconded by Councilman Kabler and unanimously carried, the bill was approved for payment. Councilman Musgrave moved that a request to sell beer at Clark's Lunch Room, 46 N~~ 5th Avenue, be denied as there is one license in the same block. The motion was seconded by Councilman Ka~ler and unanimously carri ed. A motion was made by Councilman Holland, seconded by Councilman Kabler, to use a double page advertisement in the "0fficia2 Guide to Delray Beach", the cost to be charged to the advertising fund for the next year. The motion carried unanimously. A report from the Zoning Board, recommending denial of request from Mrs. Dorothy Stollenwerck to construct a car porte was dis- cussed. Upon motion of Councilman Holland, seconded by Councilman Kabler, the reccmmendation of the ZOning Board was accepted. It was further moved that a permdt for a temporary awning be granted. The following Ordinance was then read: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTION ll OF CHAPTER VIII OF ~ CITY CODE OF THE CITY OF D~RAY BEACH, FLORIDA, AND AMENDING SECTION l0 OF CHAPTER VIII OF THE CITY CODE OF THE CITY OF DELRAY BEACH, FLORIDA, PERTAINING TO THE HOURS OF SELLING, SERVING, CONSUMING, DELIVERING, OR PERMITTING TO BE SOLD, SERVED, CONSUMED, OR AUGUST 27, 1951 DELIVERED ANY ALCO~0LIC BEVERAGE CONTAINING' OVER 1% OF ALCOHOL BY WEIGHT, IN THE CITY OF DELRAY BEACH, FLORIDA. Upon motion of Councilman Holland, seconded by Councilman Kabler, the Ordinance was referred to the City Attorney for redrafting to coincide with County regulations for both opening and closing hours. The motion carried unanimously. The City Manager's recommendation to revise the agreement with Mr. Totterdale with regard to assessing installation charges for a new water main were accepted upon motion of Councilman Holland, secc~ded by Councilman Kabler, and unanimously carried. ~he City Manager then read the following letter: City Council Gentlemen: I have been a property owner in the City of Delray for past nine years. As you Councilmen probably know, a sea wall is being erected at the end of 2nd St. and is being extended only half way across the street. I would be only too willing to extend my walI back to connect with the city line and it would not only benefit me but also the city. The way it is now, it will not only be an eye sore and, in the long run, less expensive. Each storm year rocks are haulded and dumped and does everything but beautify the City. Please give this your immediate attention and approval. Yours very truly, /s/ Mrs. Toney Penna Upon motion of Councilman ~abler, seconded by Councilman Holland, the City Man~ger was authorized to extend contract to cover the balance of the street end, 2nd and 3rd streets, at the same contract price providing property owners ~ll return their wall to the City property line. Motion carried unanimously. The City Manager reported on the progress of Cemetery improvements and upon motion of Councilman Eabler, seconded by Councilman Musgrave, the proposed plat of extending the cemetery was referred back to t he Committee for further report. The motion carried unanimously. A priority rating request for SW 6th Avenue was discussed and since the cost of such a project would be excessive a motion was made by Councilman Kabler, seconded by Councilman ~olland, and unanimously carried tc deny the priority rating. . AUGUST 27, 1951 Appointment of Neil MacMillan as City Attorney to fill the unexpired term of John Moore was made upon motion by Councilman Kabler, seconded by Councilman Holland and unanimously carried. The term is namely October i through December 31, 1951. A hearing wa~ held on the proposed budget for 1951-1952 and the following changes made: 1. Increase in appropriation for Youth Recreation Center from ~4500.00 to $5400.00. (New budget filed by Youth Committee ) 2. ~300.00 was approved for Carver nigh School Band. 3. $300.00 was appropriated for the Boating and Sports- men's Club for Boat races to be held July 4, 1952. 4. Increase in Jr. Chamber of Commerce appropriation from ~3800.00 to $~00.00 was approved, to be used entirely for Fishing Tournament expenses. PROOF OF PUBLICATION The following Ordinance was then read: ORDINANCE NO. G-123 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTIONS l, 2 AND 6 OF CHAPTER XIV, OF THE CITY CODE OF THE CITY OF DALRAY BEACH, FLORIDA PERTAINING TO ISSUANCE OF DOG LICENSES: THE FEE TO BE PAID FOR SUCH LICENSES, AND CERTAIN CONDITIONS PRECEDENT TO THE ISSUANCE THAREOF; AND FURTHER PROVIDING FOR THE PAYMENT OF FIFTY CEOS PER DAY, OR FRACTION THEREOF, TO T~IE CITY BY THE OWNER OF ANY ANIMAL IMPOUNDED. BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: Section l: That Section i of Chapter XIV of the City Code of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: "Section l: No dog shall be allowed upon the public streets, side,talks, thoroughfares or other public places, in the City of Delray Beach, Florida, unless said dog has been licensed by the City of Delray Beach, Florida, and has an unexpired City dog license tag affixed to its collar or harness. The license tax for male dogs shall be One Dollar (~l.00) per year for each dog; AUGUST 27, 1951 the license tax for unspayed female dogs shall be Eive Dollars (~5.00) per year for each dog; and the license tax for spayed female dogs shall be One Dollar (~1.00) per year for each ~og; and each such license shall expire on the first day of June following its issuance, except that any license issued between May let and June let of any year shall be valid until June let of the following year." ~ection 2: That Section 2 of Chapter XIV of the City Code of the City of Delray Beach, Florida, be, and the same is hereb~ amended to read as follows: section 2: No license shall be issued for any dog kept in the City of Delray Beach, Florida, unless the applicant for such license shall exhibit to the City Clerk a certificate of a veteri- narian, or registered nurse, or medical technician, showing that said dog has been inoculated against rabies at a date later than the first da~ of May next preceding thc time of such application for license. Section 3: That Section 6 pf Chapter XIV of the City Code of the City of Delray Beach, Florida, be,. and the' same is hereby amended to read as follows: "Section 6: Any dog found upon the public streets or thorough- fare or other public places in this City in violation of any of the provisions of these c~dtnances shall be i~poundSd by the Police Department of this City. Such animal shall remain impoUnded for a period of Five (5) days during which time the owner may secure the release of said animal by ~Yo~ to the Police Department of this City a fee of fifty cents per day for each, or fraction there- of, said animal has been impounded. In addition thereto, if said animal has not been inoculated a~ainst rabies and licensed by this City, the owner must have said animal inoculated and must purchase a City license for said animal before it can be released by the Police Dep~tment. If any animal remains in the custody of the City for more than five (5) days, the owner ~hereof shall lose all right to said animal and the City shall proceed to dispose ol· same, either by sale to pay the charges against said animal, by turning said a~imal over to the Animal Rescue League, or by having said animal killed. PASSED in regular session on second and final reading, this 27th day of August, A. D. 1951. 'l~ayor ATTEST: City Clerk AUGUST 27, 1951 Upon motion of Councilman ~abler, seconded by Councilman Holland, the Ordinance was placed on final reading. Upon call of roll the motion carried unanimously, Councilman Jacobs voting "yes" under protest. The following amended Ordinance was then read: ORDINANCE NO. G-124 AN EMERGENCY O~DINANCE OF THE CITY COb~CIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 1 OF ORDINANCE NO. 332; PROVIdiNG THAT NO BUSINESS, PROFESSIONAL OR OCCUP&TIONAL LICENSE SHALL BE ISSUED TO ANY PERSON UNLESS SAID PERSON SHALL HAVE PAID TO THE CITY ALL PERSONAL PROPERTT TAXES DUE TO THE CITY FROM SAID APPLICANT. A motion was made by Councilman Holland, seconded by Council- msn Musgrave to chan~e to an emergency Ordinance as time is short before licenses will be issued. The motion carried unanimously. The above ordinanCe was adopted on first and final r~ading The City Attorney then read the following Ordinance in full: WHEREAS,-there is insufficient time for a regular Ordinance tD become effective prior to the beginning of the fiscal year of the City o~ Delray Be~c~, Florida, on October 1st, 19~l, ~nd WHEREAS, it is deemed necessary by the City Council of this City thatSection 1 of Ordir~nce ~o. 332 be amended, and WHEREAS, the following Ordinance provides for the d~ily operation of a Municipal Depart~uent, to-wit, the Tax Department, NOW, THEREFORE, BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION I: That Section i of Ordinance No. 332 be, and the same is hereby amended to read as follows: "Section l: No license shall be issued to any person, firm, or corporation to engage in or manage any busines~, profession, or occupation for which a City license may be tss~d by the City of Delray Beach, Florida, unless said person, firm, or corporation shall have paid to the City of Delray Beach, Florida, all personal property ta~es due to the said City from said person, firm or corporation applying for such a license. ~ECTION 2: That in all other respects, Ordinance No. 332 shall remain unchanged. PASSED IN Regulmr Session on first reading on this the 27th AUGUST 27, 1951 day of August, A.D., 1951. Mayo~ ATTEST City ~lerk SEAL The Tax Roll as submitted was accepted and certified upon motion of CounciZ, man Kabler, seconded by Councilman Holland and unanimously carried. Upon motion of Councilman ~olland, seconded by Councilman Kabler, the City Attorney was instructed to obtain a Court opinion on the legality of claim of Edward Schellenberg for cost of suit filed against him by the City re: construdtion of a swimming pool. Motion carried unani~ously. An application for transfer of license to operate a Dry Cleaning business on NE 2nd Avenue, Block 76, file~ by J. Douglas Goodman, operator of Coral Cleaners, was referred to the City A~o ~rney. The meeting then adjourned. (Taken from notes of Mrs. Smith)