08-29-50SpMtg Augtkst 29th, 1950
A Special Neeting of the City Council of the City of
Delray Beach, was held in the Council Chambers at 7;30 p. m.
with Nayor John N. Kabler in the Chair, and City Attorney
John Noore, City Nanager Chas. E. Black, and the following
Councilmen present. R. J. Holland, W. A. Roth and W. A. Jacobs
and J. L. Saunders, a quorum being present.
City Nanager Black explained that 0. D. Priest Jr., who
is building a colored Theater in Block 12, on West Atlantic
Avenue, had requested the City to lay a drain pipe through
an open ditch which the City had dug along the south line
of his property for drainage purposes some time ago. He es-
timated the cost would be approximately $ 240.00, 60' of pipe
required.
After discussion, a motion was made by Councilman Roth,
seconded by Councilman Saunders, that the City Nanager be authorized
to furnish and lay the pipe, as requested, if Nr. Priest would
furnish the fill and cover the pipe installation. Upon call
of roll the motion carried unanimously.
A plat of a Subdivision to be known as "Breezy Ridge
Estates" in Section 18, on West Atlantic Avenue, filed by John
H. Breze, Jr., was presented for approval of the Council.
Mr. Breze asked that the property be zoned for Residential
dwellings only, if possible with Residence A restrictions, but
with permission to build smaller dwellings.
~Ir. Breze was informed that a new zone would have to
be createdto accomplish this, which would first have to be consid-
ered by the Zoning Board. It was suggested that his deed restric-
tions be made to civet this.
As annexation proceedings have not yet been completed
bringing the land into the City limits, Mr. Breze asked the
Councilto approve the plat subject to final annexation, so that
he might file the plat with the County Ebgineer.
A motion was made by Councilman Saunders, seconded by
Councilman Roth, and unanimously carried, that the plat be
approved after noting on the plat that it is approved subject to
annexation of this territorywithin the City Limits.
The following Ordinance was then brought up for second and
final reading, and same was read in full :
ORDINANCE NO. G-lO3
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELEA¥ BEACH, FLORIDA, AMENDING
ORDINANCE G-11, AS AMENDED, OF CHAPTER III
OF THE CITY CODE OF THE CITY OF DELRAY BEACH,
FLORIDA, PERTAINING TO BUSINESS, PROF~ESSION-
AL OR OCCUPATIONAL LICENSES IN SAID CITY ,
AND FURTHER PROVIDING A REPEALING CLAUSE.
BE IT ORDAINED by the City Council of the City of Delray
Beach, Florida, as follows:
That Ordinance G-Il, as amended, Chapter III of the
City Code of the City of Delray Beach, Florida, shall be
amended to read as follows:
SECTION l: Section 19 shall be amended to read:
"Animal ~Exihibition (only upon the approval of the City
Council) * ~ ~ $ 150.00
SECTION 2: Section 37 shall-~be amended to read as follows:
Bakery
Wholesale and retail each store - 20.00
Wholesale (0ut of Town) 20.00
SECTION 3: Section 66 s~all be amended to read:
~'bt'tling Works, with or without Delivery- - - 50.00
Delivery Trucks ( except trucks operated by
licensed bottling works in the City
of Delray Beach, Florida) 20.00
SECTION 4: Section 85 shall be amended to read:
'~oncret e Products 65.00
SECTION 5: Section 88 shall be amended to read:
Credit Bureaus- 15.00
SECTION 6: Section 92 shall be amended to read:
~airies-- Delivery and producing own
products, including Goat Milk 20.00
Section 93 shall be amended to read:
SECTION 7: Milk Distributors, Jobbers, or Cream-
eries delivering milk not produced
by them per truck 20.00
SECTION 8: Section 95 shall be amended to read:
Deli cat es sen 20.00
SECTION $~ Section 107 shall be amended to read:
Express Companies- Each Company
(Intrastate business only) 100.00
SECTION 10: Section ll0 shall be amended to read:
Fire and wreck Sales- when not con-
ducted by bona fide business concerns
previously established and doing
businewsin the City of Delray Beach,
Florida, of undamaged goods of such
firm having damage by fire or wreck- - -
100.00
SECTION ll: Section ll9 shall be amended to read:
Gas Companies Distributing and Selling
gas through pipe lines 200.00
Selling bottled gas 50.00
Gas Tank Wagon Delivery only- 50.00
SECTION 12: Section 134 shall be amended to read:
8/s9/5o _..:p_;,/
Ice Nanufacturlng or Storage ,
including cold Storage plants
connected therewith, having the right
to sell at wholesale or ~etatl -$ lO0.O0
SECTIONl~: Section 1~5 of Chapter !II of the City Code
is hereby repealed.
~SECTION 14: Section 136 of Chapter III of the City Code
is~hereby repealed.
SECTION18: Section 137 of Chapter III of the City Code
is hereby repealed.
SECTION 18: Section 151 shall be amended to read:
Laundries lO0.00
Local Agency , Permanent Office- - - 25.00
Agents for out of town Laundries- - - 25.00
SECTION 17: Section 158 of Chapter III of the City Code is hereby
repealed.
SECTION 18: Section 214 shall be amended toread:
Restaurants- Cafes and Public eating
places (whether food is served in con~
nection with or separate from other
business, except dinin8 rooms in
connection with Hotels)
Capacity i to 25 persons 25.00
" 26 "75 " - - - 40.00
"Over 75 " -75.00
SECTION 19: Section 236 shall be amended to read:
Telephone Systems and Companies
(Intrastate Business only) 200.00
SECTION 20: Section 237 shall be amended to read:
Telegrap~ Companies, each, with teletype
machines
(Intrastate Business only) 75.00
SECTION 21: Section 251 shall be amended to read:
Undertakers or Embalmers and Funeral
DireCtors- lO0.O0
SECTION 22: Section 252 shall be amended to read:
Upholsterer- 25.00
SECTION 23: This Ordinance shall repeal any Ordinance or
Ordinances, or part or parts therof in conflict herewith.
PASSED in Regular Session on second and final reading on this
the 29th day of Auguat, A. D. 1950.
(Signed) John N. Kabler Mayor
s/ 9/so
ATTEST:
Ruth R. Smith City C'l'e'rk
First reading August 8th, 1950
SecOnd " August Bgth, 1950.
Passed and adopted -" ~th, 1950.
Councilmen Roth and Jacobs brought up the question
of Licensing the rental of office space, the same as apart-
ments, but the Council felt t)at license fees were paid
by the tenants in such offices~ and no action was taken.
Upon motion of Councilman Saunders, seconded by coUncil-
man Holland and unanimously carried, the foregoing Ordinance
No. G-10~ was passed and adopted as read.
An Ordinance to amend the Occupational License Ordinance
pertaining to the penalty charge for delinquent payment, was then
brought upfor second and final reading, and read in full as
follows:
ORDINANCE G-104
AN ORDINANCE OF THE CITY COUNCIL OF
TIM CITY OF DELRAY BEACH, FLORIDA, ANENDING
SECTION ~ OF ORDINANCE G-86 BY PROVIDING
A PENALTY OF TEN PER CENT OF THE COST OF SAID
OCCUPATIONAL LICENSEIF THE SA~E IS NOT PRO*
CURED WITH FORTY-FIVE DAYSFRON THE TINE
SAID LICENSE BECONES DUE.
BE IT ORDAINED by the City CoUncil of the City of
Delray Beach, Florida, as follows:
SECTION l: That Section ~ of Ordinance G-~6 be and
the same is he'reby'''amended to read as follows:
"Section ~70: Any person or persons and the members
of any firm or corporation violating Section I of this
Ordinance shall upon o~iction be punished by a fine not
exceeding TWOHUNDRED DOLLARS, or by imprisonment for a period
not exceeding ninety days, or by both fine and imprisonment
for each offense, and further providing that, unless the said
License shall have been procured from the City Tax Collector
of the City of Delray Beach, Florida, within forty-five days
from the day the same becomes due, there shall be an additional
penalty of ten per cent of the amount of said Occupational
licens e.
PASSED in regular session on second anf final reading
on this the ~L~ad ~ay of August, A. D. 19§0.
(Signed) John N. Kabler Nayor
8/29/50
ATTEST:
RUTH R. SMITH
C'i t~ 'Cl'e rk
SEAL
First reading- August 8, 1950
Second reading- August 29,1950
Passed and adopted -- August 29th, 1950.
Upon motion of Councilman Roth, seconded by Councilman
Saunders, and unanimously carried, the foregoing Ordinance
No. G-104 was passed and adopted as read.
A letter from ~rs. Max Woehle. Ass't Director of the Cicil
Defense Program, was read as follows:
August ~8th, 1950
City Council
City of Delray Beach,
City Hall,
Delray Beach, Florida.
Gentlemen:
In view of the present events taking place in the world
abroad(especially in Korea) and in our own country, the Office
of Civil Defense feels that there is a clear and present
danger to the security of the United States, the State of
Florida, the City of Delray Beach, and the people in the City
of Delray Beach in permitting to be at large within the limits
of the City of Delray Beach or its police Jurisdiction any
officer or member of the Communist party.
Believing that it is better to be "fore-armed" as well
as "fore-warned", the Office of Civil Defense is of the opionin
that an Ordinance to handle this matter would be of great value
in the future registration of such persons, should the occa-
sion arise.
I am therefore submitting an Ordinance (similar in
wording and form to Ordinances now beig passed by many munici-
palities in the State of Florida) for your consideration.
This Ordinance covers the registration of Officers and mem-
bers of the Communist Party, and also all literature or in-
formation di.~trlbuted by them.
Yours very truly,
(Signed)
Mrs. Max Woehle Ass't Director
Civil Defense,
Delray Beach, Florida.
An Ordinance to requirs the registration of all Communists
in line with Ordlnances passed by other Cities, was then
read by the City Attorney, as follows~:
s/ 9/5o
i
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF DELRAY BEACh{, FLORIDA, PALM BEACH
COUNTY, MAKING IT U~LAV,q~UL FOR ANY PERSON
WHO IS A 5~BER OF THE C0~MUNIST PARTY, OR ANY OTHER
PERSON, GROUP, OR ORGANIZATION AS HEREIn;AFTER DEFINED
I~l SECTION 4 OF THIS 0RDINANCE~ TO REMAIN WITH IN THE
CORPORATE LIN'ITS 0F THE UITY OF DELRAY BEACH LONGER
THAN 48 HOURS WITHOUT REGISTERING WITH THE POLICE DEPART~!ENT;
TO REQUIRE ALL SUCH PERSONS, GROUPS AND ORGANIZATIONS
CIRCULATING OR DISTRIBUTING PRINTED OR WRITTEN
MATTER TO FULLY ADVERTISE SUCH 5~TTERIN A NEWSPAP['R
TEN DAYS PRIOR TO SUCH DISTRIBUTION; TO REQUIRE ALL
SUCH PERSONS, GROUPS AND ORGANIZATIONS HOLDING
MEETINGS TO NOTIFY THE CHIEF OF POLICE OF SAME AT LEAST TEN DAYS PR~0R TO SUCH MEETING; ~tkKING IT UNLAVfFUL FOR
ANY PERSON, GROUP OR ORGANIZATION TO ADVANCE A~fD PR0~:0TE
IDEAS OF FORCE, VIOLENCE, TREACHERY, DECEIT, ESPIONAGE,
SABOTAGE, TERROEISM, CREATION OF FEAR, DESTRUCTION OR
MORALE AND BY ANY OTHER ACTS OR DOING WHATSOEVER;
PROVIDING PENALTIES FOR THE VIOLATION OF THIS 0RDI-
NANCE; PROVIDING FOR THE SEPERABILITY OF THE PROVISIONS
HEREOF o
Councilman Jacobs felt that this would not solve the
problems, and that Communists should not be made to register
any more than any other group of people. He felt that the National
Government should be allowed to handle the situation.
Mayor Kabler explained that this was only requiring regis-
tration and would give our Police Officers more authority than they
now have, and it was also intended tb~aid the National
Govermment in bringing these people out in the open.
A motion was then made by Councilman Roth that the
foregoing Ordinance be placed on first eeading. The mo~ion
was seconded by Councilman Holland, and upon call of roll
carried, Councilman Holland Kabler, Roth and Saunders in favor
of the motion, and Councilman Jacobs passing.
The proposed 1950-1951 budget was then brought up for
final consideration, and explained by the City Manager, who stated
that the budget was beinh advertised in the local newspapers
as required by the City Charter, and a public hearing would
be held on September Vth,
Mr. Black suggested that the Council allocate the possible
surplus of $ 25,000.00 at the end of the ~is~al year to a
Revenue or Capital Improvement Fund.
After discussion the Council agreed, on motion of Council-
man Roth, seconded by. 0ouncilman Holland, and unanimously
carried, to allocate $ 15~000.00 to the revolving Improve-
ment Fund, and set aside $ 5,000.00 for Jail Improvements, and
$ 5,000.00 for a Fire Station Fund.
Mr. John Thieme, representing a Chamber of Commerce Com-
mittee addressed the Council on behalf of the Palm Beach County
Traffic Association. Mr. James J. Eitterbusch and Mt. Charles
Lunsford, also members of this Committee were persent.
8/29/50
Er. Thieme explained that freight rates in this City are
entirely out of line with rates charged in Broward and Dade Counties.
He outlined a plan to form a Palm Beach Traffic Association
which would employ a Traffic Expert, qualified to appear before
the Railroad Con,mission, if Necessary, and obtain reductions in
discriminating freight rates. He believed that every citizen of the
Town would eventually profit by a reduction in many commodities;
and that the cost of building a home in this City would be lowered
by as much as 6~ if fair freight rates could be obtained. The
Association will function on a membership basis after this year,
but all Cities and Towns who will benefit are being asked now to
contribute to its organization.
City Attorney Eoore advised that such an appropriation
could not be consZdered advertising or publicity, but it would be
justified on a general welfare basis and could be charged to
a Contingency Fund.
A motion was made by Councilman Holland that an appropri-
ation of $ 750.00 be made toward the organization of this
Association, in the interest of the City as a whole, to be taken
from next year's contingency fund. The motion was seconded by
Councilman Roth, and upon call of roll carried unanimously.
Nr. George Talbot and Nr. Edw. Schellenberg, representing
the Advertising Committee of the Chamber of Commerce, then ap-
peared before the Council. They thanked the Council for setting
up an item in the budget for $ 8,000.00 for advertising , which
they understood was to be used as follows;
$ 3,000.00 for brochures
1,000.00 for directional signs at the north
and south of the City Limits.
4,000.00 to be spent at the discretion of the
Council.
Er. Talbot felt that the Chamber of Commerce Committee
could spend the money appropriated by the City wisely~ without
having to bring each expenditure before the City Council for
approval. He exp~!ned that their budget had been cut to spend
all of the $ 4,000.00 on paid advertising in newspapers and mag-
azines, and that advertising space must be accepted immediately.
They had planned to reduce the quantity of brochures to provide
for a Publicity Director.
~ayor Kabler believed that the Council intended to spend
$ ~800.00 for a Publicity Director, and the balance could be
turned over to the Chamber of Commerce for use at their dis-
cretion.
After consideration, the following motion was made by
Councilman Saunders, That the advertising fund of $ 8,000.00
be used at the discretion of the Chamber of Commerce as follows:
$ Z,O00.00 for brochures, $ 1,000.O0 for signs, and $~B5,00
permonth salary for six months for Niss Louise Smith, as Pub-
licity Director. The motion was seconded by Councilman
Jacobs, and upon call of r~ll carried unanimously.
Niss Dorothea Galvin asked the Council if there were
any plans made for fire protection on the Beach when the
Atlantic Avenue bridge is closed? She was assured that fire
tection would be provided during the time the bridge was
clos ed.
The meeting then adjourned.
(Signed)
Ruth R. Smith
Cit'~' Clerk.
APP ROVED:
~'ayor