Loading...
02-22-49 FEBRUARY 22~, 19~9. Regular meeting of the City Council of the C~.ty of ~elray Beach w~s held in the Council Chambers at 7:30 P. M. with ?ayor J. L. Saunders in the ~h~.i~r~ and City Manager Charles E. 3i~ck, City Att.-~rney John Moore, and the following Comnci!- men present: L. H. Brannon, John N. Kabler, Nell E. ~acMil!an and Walter A. Roth, a ouoruy~ being p~w~sent. ~r. R. E. McCabe, purchaser of the Woman's Club buildir~ on East Atlantic Avenue, addressed the Counc~_ZL, asking approval of ter~tative plans he had had prepared to enlarge the two front windows, &~d possibly construct a concrete buildin~ east of the present buildirg, to conform with all restrictions and zoning regulations. City Mar, ager Black explained that he did not believe there would be a con- flict of regulations in this case, although the bui!din~ is a frame building in a no. 1 Fire Zone; as the use of the b~i!ding would not be changed, and the dimen- sions would not be altered, nor would a bear~ng wall be disturbed. The re.olace- me. at of the two front wLndows would not charge the size of the building, and he felt Mr. McCabe's request was reasonable. A motion was made by Comnc[lman ~;_acNillan, seconded by Councilman Brannon, that the matter be referred to the City Attorney for checking of OrdLnances and z~gulatlons, and if he fLads the~ is no conflict, the permit be granted as re- ouested. Upon call of roll the motion carried unanimously. City Attorney Moore stated th,~t we would eventually have conformity with the No. 1 Fire Zone by not allowing alterations to be made to buildings in confliction with require~oents, but in this case he did not consider the life of the building would be prolonged, Wh~.ch is the important factor. He asked for time to study the No. 1 Fire Zone requirements more thoroughly. Mrs. L. C. Hand, speaking for the Palm Beach County School Board appeared before the Council in the ~terest cf the new High School being built between this City and Boynton, to serve Boynton, De]ray Beach and Boca Eaton. She exolained that the only road to the school at the present time is No,th SwLnton Avenue, which has two sharp turns, and will be dangerous for children riding bicycles and scooters to school. She stated that the School Board felt that the Board of County Commissa ioners wo~Lld assist ir~ opening N. E. 2nd Avenue, at least outside of the City limits, which ~ould provide a direct road from Delray Beach and Boca Eaton to 'bhe new school, and asked the Co~_~cil to pass a Resolution reouestirg~ them to consider such a oroject. S~e stated that' the school buildia~.~ would be ready for use by September, and the School Board hoped to provide a suitable access to t~he school by that t~me. A motion was made by Councilman Mac~illan, seconded by Co~_qcilman Kabler, that a Resolution be adopted as requested by ~rs. Hand, and a copy sent to the Board of Co~ty Commissioners. Upon call of roll the motion carried unanimously. The follo~ng Resolution was then presented, and same was read in full: RESOLUTION NO. 72.5 A RESOLUTION OF ~HE CITY COUNCIL OF THE CITY OF DEIRAY BEACH, FLORIDA, REQI~STING THE BOARD [F CO%~TY COMMISSIONERS OF PALM BEACH COUNTY, FLORIDA, TO ~,{Ah-'E N. E. 2ND AVENUE IN SAID CITY A COUNTY ROAD, AND EXTEMD SAID AVEN%~ TO ~E NEW DEI3~AY-BOYNTON HIGH SCHOOL, AND SECURE'THE NECESSARY RIGHTS-OF-WAY FOR SUCH E×TENS ION. FEBRUARY 22ND~, 19~9. V~{EREAS, a new High School is in the process of construction, which High School will serve the Communities of Delray Beach, Boynton Beach and Boca Raxton, and WHEREAS, t~ existing road facilities for the normal addition of traffic which will necessarily result from the erection and operation of such High School are grossly inadequate, and ~,ZqEREAS, North Swinton Aven~e is the only Street from tbs City of Delray Beach and Boca Raton which could possibly carry traffic to said High School, and said North Swinton Avenue is narrow and has dangerous curves which we feel would result in accidents and fatalities to the pupils at. tending said High School. N~, THEREFORE, BE IT RESOLVED BY T~ CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, that the Board of County Commissioners of Palm Beach County, Florida, be requested to make N. E. 2nd Avenue, in the City of Delray Beach, Florida, a County Road, and extend said Avenue to the new Delray-Boynton High School, and secure the necessary rights-of-way for such extens~on. PASSED IN RE~%LAR SESSION on this the 22nd day of February, A. D., 19~9. ,~Signed) J. L. Saunders President - City Council ATTEST: APPROVE~_~: .(Signed) Ruth R. Smith (S~gned) J. L. Saunders City Clerk ?m.~AYOR SEAL" Nr. A. R. Bates then addressed the Council, with reference to an occupational license granted to him for tho operation of a Dry Cleaning Unit, in connection with his Automatic lanndry business located at 20 East Atlantic Avenue, which unit he operated for about three months before the Council revoked his license because the business was located in a No. i Fire Zone. Nr. Bates contended that he had been giving "Same Day" Valet service, which can not be classed as an industrial cleaning business. He had also tried to main- tain a favorable price level, and keep pace with progress by offering this serve, ce, which would be a benefit to the City. He stated that the. Fire Chief had inspected his building and found nothing that would not meet requirements of Fire Zone No. 1 except it did not have a flame proof ceiling. This he had agreed to install. He claimed that this business was being operated in a separate building which faces on the. alley south of Atlantic Avenue, and not on Atlantic Avenue, and that the license had been revoked only because of a complaint from a competitor. He also stated that he had made his Lnvest~nt in equipment after having been granted a license to operate~3the business, and he did not feel the Council was justified in causing him this financial loss. The City Attorney advised ~r. Bates that the l~cense was issued contrary to an Ordinance, therefore it was no license at all, and the City could not be held liable for any loss incurred by him. After further d ~.scu~sion by the Council a motion was made by Councilm~n Kabler, seconded by Councilman Brannon, that the license be reinstated to operate on~ dry cleaning unit after the building has been fire-pro6fed in accordance with instructions of tho Building Inspector and the Fire Chief. Upon call of roll the motion carried unanimously. FEBRU~qY 22k~), 19&9 Upon motion of Comncilman Brannon, seconded by Councilman Roth, unanimously carried, a license to sell beer and wine at &OS East Atlantic Avenue, to be operated as "R~ay's Snack Bar", was ap~-~roved ~ Miss Dorthea Galvin complained of a sign which had been erected on East Atlantic Avenue on a small concrete building located just east of the Intra- ~ coastal Canal, advertising "Boats, Tackle and Bait" for sale. She also com- plained of tl~ size of the building which had recently been constructed. City ~anager Black advised ~fiss Galvin that the sign had been put up with- out a permit, and the o~ner of the buildings, would be resuested to take the sign down arJ obtain a permit f~om the Building Deoartm~.nt. Permit for the con- struction of the buildin==, however, was only temporary, although the applicant could have demanded a regular permit under oresent ord~/~ances. A mote. on was the-r, made by Councilmao. Brannon, seconded by Co~unciiman Mac- · ~liillan, that an emergency Ordinm~ce be prepared by the City Attorney, to require the same restrictions as to set-backs and the size of buildings on East Atlantic Avenue as on West Atlantic Avenue, namely Special BusJ. ness Zone require~nts, which will also require Council approval before the issuance of any building permit. Upon call of roll the motion carried mnanimous!y. A motion was then made by Counc~_lman Brarnaon, that an Ordinance be passed immediately to regulate the size and type of signs that can be e~cted, pro- hibitdng any signs or bill boards of advertising nature on the Federal Highway and Atlantic Avenue, except that established merchants be granted permission to erect neon signs parallel ~ith the building, not to extend out over the sidewalk more than t~ thickness of the sign, or not more than four inches; limiting the use of preser~ signs to eighteen months, and requiring Council approval of each application before per,nit is granted. The motion was seconded by Co~cilman --~ MacMillan, and upon call of roll carried unanimously. After discussir~ the limiting of Real Estate Brokers use of signs, as %0 , type, size and number to be allowed, a motion was rmde by Councilman.~'~ MacMillan seconded by Councilman Brannon, that the Realty Board be asked if they would be in accord with the passage of an Ordinance Drohibiting or restricting realty signs, and if not what their recommendation would be. Upon call of roll the motion carrie d unanimously. The following letter from Judge W. E. Wilcox was presented by ~ayor Saunders, and read in full: ,.February lA, 19&9 Honorable ~{ayor and City Council City of Delray Beach, Florida C~ntlemen: On January 16, 19A9 one Bill %~illiams a white male from Ranoke, Virginia was arrested by Chief Croft and Patrolman Hardin. The charges were drunk and disorderly conduct. January 17, 19~9 Williams appeared before me in ~,{u_nJ. cipal Court at which time I imposed on him a fine of ~250.00 or sixty (60) days. ~ On February 17, 19&9 he will have served thirty (30) days cf the sentence imposed on him by the Court. At this time I would like to recommend that the · other thirty (30) days be suspended. He has been a model prisoner and t~is the first time he has ever been in ar~ kind of trouble or befol~ .any court and I FEBRUARY 2PND, 194 9 sincerely believe he has learned his lesson. Re spec t fully, V~W/mq (S iMned) W.j ,ad E.ge "Wilcox Upon motion of Councilman Roth, seconded by Councilman Brannon, unanimously carried, the foregoing request was grantad. Upon motion of Councilman Both, seconded by Councilman Brannon, ~nanimously carried, the City Nanager was authorized to loan twenty-five foldLng chairs from the Co~mu_4ity Civic Center Bu~.lding to the Presbyterian Church for a few weeks, until chairs they Dave ordered can be delivered. Upon the recommendation of Councilman Nac ~Nillan, the City l~anager was in- structed to have top soil put on the Cemetery to improve t~ appearance and condition of the grass. Councilman K~bler recommended that $ 6,000.00 set up in the budget for drain- age projects be transferred to the Re. volving Improvement Fu~nd, and that the drain- age of S. E. 4th Avenue, from Atlantic Avenue to 1st Street be started immediately, the cost to be assessed against the abutting property. Councilman Brannon asked the Council to consider the resurfacing of the next block south to the new Telephone Building now under construction, as the present road is narrow with dangerous shoulders. City Nanager Black advised that the drainage of this block should be completed to tie in with the drainage of the block immediately north, before the paving is started. After considerate, on by the Council, a motion was made by Councilman Brannon, seconded by Councilman Kabler, that the fund of $ 6,000.00 set up in the budget for drainage ~ojects be transferred to th;~ Revolving Improvement Fund, and thst the drainage of S. E. 4th Avenue from At~ntic Avenue to 2nd Street be authorized, as an assessable project, also the Daving of S. E. &th Avenue from 1st to 2nd. Streets, from curb to curb, after the completion of the drainaMe imDrovement. Upon call of roll the. mo+ion carried unanimously. The danger of allowing hedges or walls on blind corners which obstruct the view of traffic was discussed by the Council, after which a motion was made by Councilman Brannon, seconded by Co=~cilman NacNillan, that the CJ~ty Attorney be instructed to orepare an Ordinance prohibiting any hedges or walls, which obstruct the view at an intersection, 20' from the corner in both directions. Uoon call of roll the motion carried unanimousl.v. City Nanager ~lack advised the Cou~ncil of an inouiry from a person Lnterested in building a soap factory, a~ asked t~ Council if the~' would consider selling about an acre of land owned by the City near the Seaboard Railway at N. W. 2nd Street, for this industry. The ultimate ~mployment of the industry was estimated at about 150. ~Ir. Black was instructed to invite this person to discuss his proposal with the Council.whenever conv6nient. The. following Resolution, authorizing the City I{anager to proceed with the construction of N. W. 6th Avenue ~sving imorovement was presented and same was read in full: ~) b FEBRUARY 22ND, 19d9 RESOLUTION NO. 726 ' A RESOLUTION OF ?HE CI~f COUNCIL OF ?HE CITY OF DELR.~Y BEACH, FLORIDA, AUTHORIZING THE CITY }A~NAGER TO PROCEED ~'%.~TN 7HE CONSTRUCTION OF CERTt~IN STREET I~PROVE~NT WORK ON N. W. 6TH AVENUE, FROM ~ST ATLANTIC AVENUE TO N. W. 3RD STREET. WHEREAS, the City Council of the City of De].ray Beach, Florida, did on the 8th day of February, 19~9, determine to Droceed with the grading and paving N. W. 6th Avenue, from West Atlantic kvenue to N. W. 3rd Street, to a width of twenty-two (22) feet, and '~.~{EREAS, 5he Resolution providing therefor has been duly published as required by the City Charter, together with a notice that objections to said improvement would be heard on this date, and WHBREAS, no objections have been made +~ such ~'oposed improvement, NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, that the. City Manager be and he is hereby instructed to pro- ceed with the grading and paving N. W. 6th Avenue, from West At]antic Avenue to N. W. 3rd Street, to a width of twenty-two (22) feet, according to the plans and specifications heretofore filed with the City Clerk, and a copy thereof filed in the office of the City Engineer and kept open for the in- inspection of the public. PASSED in Regular Session on ~his the 22nd day of February, 1949. (Signed) J. L. Saunders President - City Council ATTEST: APPROVED: (Signed) Ruth R. Smith ($i~ned) J. L. Sau~,ders City Clerk ~ayor SEAL" A motion was made by Cour~cilman Brannon, seconded by Councilman Kabler, that the foregoing Resolution No. 726 be passed and adopted as read, and upon call of roll the motion carried unanimously. Ordinances confirming assessment rolls on Drainage and Pavi_~ Improvements on Gleason Street, from In,tahara to Shulson Streets, were then presented, and read in full as follows: 'ORDINANCE NO. C-67 AN ORDIMAWCE OF uTHE CITY COU~TCIL OF THE CITY OF DELRAY BEACH, FLORIDA, LEVYING TKE ASSeSSmeNTS AS SHOraN BY 1~-~ ASSESS~T ROLL SUB.VITTED BY T~ CITY ENG~NEFR O~ SAID CITY, CONCERNING THE I~ROVE~v~NT 2Y ~E C%~S~UCTION OF STOP~ DRAINS ON GLEASON S~ET FROM SHULSON ST~.~EET TO INGRAHAM ST,~EET, A~ BEGINNING ON GLEASON STREET A~ EETE~fD~G EAST~,?~RD ON NASSAU STREET A DISTANCE OF 90 FEET, AND 7HE INSTALLATION OF FIVE ~[ECESSARY CATCH BASINS I}~ CONJUNCTION WITH SUCH STOPd~[ DRAINS. FEBRUARY 22ND, WHEREAS, the City Engineer of the City of Delray Beach, Florida, has, in pursuance to the Charter of said City, submitted to the City Council for a?roval a Iww, port of the cost and the assessment roll for the construction of storm drains on Gieason Street from Shulson Street to Ingraham Street, and beginning on Gleason Street and extending eastward on Nassau Street a distance of 90 feet, and the in- stallation of five necessary catch basins in conjnnction with such storm drains. %~HEREAS, said report and assessment roll were approved by !he City Council in regular session on the 25th day of January, A. D., 1948, and WHEREAS, due notice concerning said assessment roll was given by advertisement by the City Clerk, in accordance with the City Charter of said City, for the purpose of hea~!n~ objections' %0 said assessment ro~,~ and WHEREAS, sucL objections as were heard were deemed insufficient by the City Council of the City of De3~'ay Beach, Florida, NO;!~, THEREFORE, BE IT ORDA!5~D by the City Council of the City of DeC. ray Beach, Florida, as follows: SECTION 1. The assessed, ets, as sh~n by said assessment roll which is annexed hereto and made a part hereof, are hereby levied aga'!~%st the property shown and in amo,mnts a~hown on said assessment roll, said assessments to be naid in ten eoual annual insta!lme~'~+~s~ +.o?ef, her with -interest at t?~ rate of 8 ~ per ar~-.~tlm~ the first installmentlbectming due and payable on April 1st, 19A~9~ and on the first day of Aoril for +abe next ensuing nine years; and said special assessment so levied shall be a lien from the date the assessment become, s effective, upon the r~spective lc.ts and parcels of land described in said ass~oss- ment roll, of the Same nature and to t~ same extent as the lien for general City taxes, and shall be collectable in the same manner and with the same penalties and under the same provisions as to sale and forfeiture as City taxes are collect- able. PL$SED in Regular Session on second and final rqadin~ on this the. 22nd day of February, A. D., (Signed) J. L. Saunders President - City Coun~l ATTEST: AP?~o v~;D: (Signed) Ruth R. Smith (Signed) J. L. Saunders City Clerk Mayor SEAL" 1st Reading - February 8th, 1949 2nd and Final Reading - February 22nd, 1949 ORDINA~ CE NO. G-68 AN ORDINANCE fF _~HE CITY COUNCIL OF THE CITY CF DELR^Y BEACH, FLORIDA, LEVYING-THE ASSES~S}~'~NTS AS SH~ ~Y T~E ~.SSESS~NT ROLL SI~MI~TED BY THE CIT% ENCIPHER OF SAID CITY, CONCERNING IMPROVE~fEMT BY PAVING GLE~SON STREET BE~EN INGRAHAL[ AND SHULSON STREETS. :-58 FEBRUARY 22~D, 1989 WHEREAS, the City Engineer of the City of Delrsy Beach, Florida, has in pursuance to the Charter of said City, submitted to the City Council for approval, a report of +due cost and the assessment roll for paving Gleason Street from Ingraham Street to Shulson Street, and WHEREAS, said report and assessment roll were aoproved by the City Council in regular session on the 25th day of January, A. D., 1948, and WHEREAS, due notice concerning said assessment roll was given by adver- tisement by the City Clerk, in accordance with the City Charter of said City, for the purpose of hearing objections to said assessment roll, and WHEREAS, such objections as Were heard were deemed insufficient by the City Council of the City of Delray Beach, Florida, N~, THEREFORE, BE IT O~DAINED by the City Council of the City of De]ray Beach, Florida, as follows: SECTION 1. The assessments, as shown by said assessment roll which is annexed hereto and m~de a part hereof, are hereby levied against t~ property shown and in arno,uts shown on said assess~ nt roll, said assessments to be paid in ten equal armual install~w~nts, together with interest at the rate of ~ per arnaum, the ~irst installment becoming due and payable on A~ril 1st, 19~9, and on the first day of April for the next ens,zing nine years; and s~id special assessment so levied shall be a l~en from the date the assess- merit becomes effective, upon the respective lots and oarcels of land described in said assessment roll, of the same nature and collectable in the same manner and with the same penalties and under the same provisions as to sale and for- feiture as City taxes are collectable. PASSED in Regular Session on second and final reading on ~he the 22nd day of February, A. D., 197.9. (Signed) J,., L. Satn~ders President ? City Council ATTEST: A?PROVED: (Signed1 'Ruth R. Smith (Si,shed) J. n. Saunders City Clerk MAYOR 1st Reading - February 8th, 19~9 2nd and Final Read~ng - February 22nd, 19~9" Upon motion of Councilman Kabler, seconded by Councilm~kn Roth, unanimously carried, the foregoing Ordinances Nos. G-67 and G-68 were passed and adopted as ~ad. The Clerk then presented proof ~f the publication of Invitation for Bids on One 3-Gang Frame convertible frame Fairway Mower, which was spread upon the minutes as follows: AFFIDAVIT OF PUBLICATION Delray Beach News Published Weekly FEBRUARY 22nd, 1949 De!ray Beach, Palm Beach County, Florida STATE OF FLORIDA COUNTY OF PALM BEACH Before the undersig, ned authority personally appeared William K. Morrison who on oath says that he is publisher of the Delray Beach News, a weekly news- paper published at De~y Besch in Palm Beach County, Florida: that the attached copy of advertisement being an' InVitation to Bid in the matter of City of Delray Beach was published in said newspaper in the issues of February 4, 11, 1949. Affiant f,n~ther says that the said De!ray Beach News is a newspaper published at De]ray Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each Friday and has been entered as second class mail matter at the Dost office in Delray Beach, in said Palm Beach County, Florida, for a oeriod of one ye. ar , next preceding the first publication of the attached copy of advertisement; and afl. nb further says that h__e has neither Daid~ nor promised any person, firm or corporation any discount, rebate, cor~nission or refund for the purpose of securing th~s advertisen~.nt for publication in the said newspaper. (Signed) Willi, am K. Morrison Swo~n to and subscribed before .me this 14th day of February, A. D., 1949. (Sign, e.d) Ka..th.r~]ne P. l~orrison Notary Public, State of Florida at large. My commission expires July 2?, 1952. Bonded by American SEAL" Surety Co. of N. Y. INVITATION TO BID Febru~°~rY 3, 1949 The City of De!ray Beach will receive "sealed ~ids" until 12 noon Eastern Standard time February 14, 1949 on the following equipment: 1 each 3-Gang Frame convertible frame Fairway )~ower with pneumatic rubber tires. Mower Frame to be constructed so that additional esuioment may be added from time to time. It must be accompained to certified check or other non-cancelable draft in the amount of 5~ of the bid presented. (Signed) CHARLES E. BLACK City ~{anager" One bid was received in response to the foregoing notice, from the Island Landscape Co. of Palm Beach, Florida, in the amount of ~ 698.00, as follows: "February 12, !9~9 City of Delray Beach Delray Beach, Florida 6O FEBRUARY 22~$, Ge ntlemen: In compliance with your Invitation to Bid dated February propose to furnish to the City of Deli-ay Beach the following equipment: 1 - each Worthington "Triple" three gang Faii~ay Mower complete with frames equipped with pne,unatic tires~ (Frame convertible to five or seven gang mover.) $ 698.00 This price includes delivery of this equipment to your property, assembled, serviced and ready for operation. Complete description and specifications on the mowers are attached. Very truly yours, ISLA~ LAMOSCAPE CO., INC. JLB:AN (Signed) James L. Blackledge Encl. ~fanager - ~,{ower Division. A motion was made by Councilman Brannon, seconded by Co~gcilman Eabler, that the foregoJ_~g bid suhmitted by the Island Landscape Co. be accepted, and upon call of roll the motion carried unanL~e~s!y. An Ordinance to change the zoning regulations on S. E. 4th Avenue, between 2nd and 3rd Streets, was then brought up for first reading, and ~ad in full as follows: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RE. ZONING ~{E EAST ONE-HALF OF BLOCK 95 AND ~IE WEST ONE-HALF OF BLOCK 103 FRO~ A RESID~N~ "B" ZONE TO AN APAET~.~T HOUSE ZONE. A motion was made by Councilman Roth, seconded by Co,m~cilman Kabler, the foregoir~ Ordinance be placed on first reading, and upon call of roll the motion carried u~mnimously. The follc~ing Ordinance was then presented for second and final reading, and san~ was read in full: ORDINANCE NO. G-69 AN ORDINANCE OF TP~ CITY COUNCIL OF THE CITY OF DEIRAY BEACH, FLORIDA, REQUIRING ALL BUILDING S IN ALL BUSINESS ZONES TO BE SET BACK A NININUN OF TEN FEET FRO~ THE RIGHT OF WAY LINE OF ABUTTING A~D I~DIATELY ADJACENT STREETS; ?ROV~ED, HOWEVER, THAT SUCH SETBACK REQUIRE~NTS S~L~LL NOT APPLY TO ATLANTIC AVENUE, SIXTH AVEN%~E (U. S. MIGhW~'AY NO. 1), BRO~@N AV~.~NUE, SALINA AVENUE, ?AI2~ AVENUE AND PAL~ STREET. BE IT O?J~AINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That any building constructed or erected J_n any business zone in the City of Delray Beach, Florida, shall be set back a minimum of ten feet from the right of way line of abutting and i~nediately FEBRUARY 22~, 1949 adjaceat streets; provided, however, that such setback reouirements shall not apply to Atlantic Avenue, Sixth A~nue (U. S. Wighway No. 1), Bronson A~uu~, Salina A~nae, Pa~ A~nu~ and Palm Str~t. SECTION ~. In ~terpretiag and applyiag the provisions of this Ordin~ac~ they ~a~ be held ~ the ~n~,~ req~re~nts adopted for the promotion of health, safety, morals, co~ort~ convenience or general welfare. The lot or yard areas req~d by this Ordinance for a partJ, cular bui!di~ shall not be diminished and shall not be included as a part of the required lot or yard areas of any other building. This oI~inance shall repeal any ordinm~ce or ordinances or part or parts thereof in conflict herewith. SECTION ~. ~y person violati~ any of the provisions of this Ordina~ce shall, upon conviction thereof~ be pmnished by a fine not exceeding $5OO.O0 or by ~prison~nt for a pe~od not e~ceeding ninety days, or by both such fine and ~prisor~nt, at ~e discretion of the l,~icipal Court. PASSED in reg~ar session on second and final reading on this the 22nd day of Febr,~ry~ A. D., 1%~9. (signed) J. L. Sanders President, City Co~cil AT~S T: APPRO~D: (Signed) Ruth R. S~th (Signed) J. n. Saunders City Clerk Mayor 1st Readi~ - Februa~ 8, 19&9 2nd Re~ng - February 22, 19&9 Passes and adopted - February 22, 19&9" Upon motion of Co~cilman Brarmon, seconded by Co~ci~an MacMillan, and upon call of roll ~an~ously carried, the foregoi~ Ordinance No. G-69 was passed and adopted as read. ~ Ordinsnce pertaini~ to side yard set-backs in residential areas was t~n presented for second and final reading, ar~ read in full as follows: ORDIN~N~ NO. C-70 AN O~INANCE OF THE CI~ ~'WCIL OF ~E CITY OF DE~AY BEACH, F~R~A, ~E~ING P~RAG~PH l, SUB~ECTION e, OF SECTION 5 OF CNAP~R XX ~ ~E CI~ CODE OF DE~AY BEACH, FL~A, PERTAINING ~ S~E YA~ A~ SET BAGK REQUIR~N~, BE IT O~A!~ by the City Com~cil ~ ~e Ci~ of Delr~ Beach, Florida that Part (1) of Sub-sec~on e, Section 5 of Chapter XX, be and the sa~e is hereby amended to rea~ as follows: "(1) Withing Residence A,,B, C, ~d for dwellings in Apartment House Districts, ~e ~mbined side yards shall be 25~ of the width of the lot, provided the min~ combined side ya~ re- quirement shall not be less than lO feet or the maxim~ more than 30 feet. FEBRUARY 22ND, 19&9 Said side yards to be of ecual width; provided that the Building Inspector may pemit one side yard to be of less width than the other, but no building shall be constructed within 7½ feet of any lot line; provided, however, that any building v~].ch is, at the effective date of this Ordirmnce, a conforming use because of the foregoing amendment; nor within a distance equal to the combined side yard width re- quired for that lot from the main building existing on any adjoining lot, Also in a Residence and Apartment House District, any garage or other accessory building shall be included in th~, combined side yard requirements ~ith the main buildir~g, except where a private garage is set back a minimum distance of 10 feet from the rear of the main house." PASSED in regular session on the second and final reading on this the 22nd day of February, A. D. 19A9. (Signed) J. L. Saunders President, City Council A .TTF. S T: APPROVED: (Signed) Ruth R. Smith (Signed1 J. L. Saunders City Clerk Mayor SEAL" 1st Reading - February 8, 2nd Reading - Febrnary 22, 19~9 Passed and adopted - February 22, 1949. A motion was made by Councilman MacMillan, seconded by Councilman Roth, that the foregoing Ordinance No. C-70 be passed and adopted as read, and upon call of roll the motion carried unanimously. AN ORDINACE TO ~Ek~D THE, LIQUOR ORDINANCE ~fAS then brought up for second and final reading, and read in full as follows: ORDINANCE NO. G-71 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 6 OF CUAPTER 8 OF CITY CODE OF SAID CITY PERTAINING TO AOPLICATIONS FOR INTOXICATING LIQUORS, WINES, A~) /OR BEER. BE IT ORDAINED BY THE City Council of the City of Delry Beach, Florida, as follows: SECTION 1. That Section 6, of Chapter 8 of the City Code of the City of Delray , Florida, be and the same is hereby amended to read as follows: FEBRUARY 22ND, 1949 "SECTION 6: Upon receipt of such application, which shall be filed with the City Council for a period of not less than thirty (30) days, as hereinabove provided for and the .approval thereof b? the aforesaid Mayor and City Comncil, and upon payment of the license fee hereinabove provided for, the City Clerk of said City shall issue to the person, association of persons or corporation, making such application and ~aying such license fee, a license signed by said City Clerk which license shall bear the date of its issuance, the amount of tax paid, the name of the licensee, said licensee's place of business, and said license shall also recite that the same will exoire on the 30th d]ay of September next succeeding the date of its issuance unless revoked by the City Comr~cil of the aforesaid city; that such license is revocable by the City Council of said City upon sufficient cause appealing of the violation by any licensee of the laws of the United State of ~rica, the State of Flol~ida or the Ordinances of the City of Delray Beach, for maintaining a nuisance or mnsanitary premises or for engaging in or permitting disorderly conduct on the premises; that such license does not authorize, empower or permit such p~rson, association of persons or corr~oration to engage in or carry on such business or businesses within one hundred yards (100 yds.) of the campus of any public school within said city, arz] that such licensee is prohibited from selling or permitting to be sold, delivering or permitting to be delivered to any person under the age of twenty-one (21) years any such beverages." PASS~ in regular session on second and final reading on this the 22nd day of February, A. D. 1949. (Signed) J. L. Saunders President, City Council ATTEST: APPROVED: (Signed) Ruth R. Smith (Signed) J,. L. Saunders City Clerk Mayor 1st Reading - February 8, 1949 2nd Reading - February 22, 1949" A motion was made by Comncilman ~ac}~i!lan, seconded by Councilman Braranon, that the foregoing Ordinance No. G-71 be passed and adopted as read, and upon call of roll the mttion carried mnanimously. A lett~r from the Delray Beach Property Owners P~otective Association, Inc., with reference to the discussion of the proposed new City Charter at an open meeting to be held sometime in ~arch, was p~sented and read as follows: "Febraury 16, 1949 ~ayor Saunders and Members of the City Council of Delray Beach FEBRUARY 22~, 1949 Dear Sirs: The Property C~ners Protective Association are to hold an open meeting in the second or third week of March. As is our custom at such meetings, topics of general interest to the people are brought up for discussion. The new City charter is of vital interest to all p~perty owners and residents. If ~.t meets with your approval we would like to have a full discussion of the charter at this meeting. In order +~ make this occasion a real "Town 5{eeting" we propose to send a letter to all civic orgaAizations asking them to cooperate by sending representatives. We would appreciate an early decision on your part and we hooe for your cooperation. Since our letter to you of January 27th asking for ordinances to be drawn up which would cover various "nuisances" memtioned in the letter, we have. had several communications asking us tc p:'ess this matter with the Council. There has been much favorable com~.ent and we believe that these matters merit your serious cons ideration. Sincerly yours, · (Signed) Dorothy .Day. ~Ni__tche_ll Vice President and Secretary" In a motion by Comncilman MacMillan, seconded by Councilman Brannon, unanimously carried,the Council agreed to hold an open meeting with the Property Owners Protective Association, and the Clerk was instructed to advise the Charter Committee of this meeting, and ask them to have the proposed Charter completed and mimeographed for distribution among the Civic organizat- ions by the date of the meeting. The following OrdL~mnce, Mrohibiting the operation of .Laundry and Dry Cleaning Plants in any zone except an Industrial or Ms~nufact~ring Zone, was brought up for first reading and same was read in full: AN ORDINAYCE CF %HE CITY COUNCIL OF THE CITY OF DEIRAY BEACH, FLORIDA, PROHIBITING THE OPERATION OF ANY CO~fERC~4L DRY CLEANING PLANT OR ESTABLISHMENT, OR LAU}DRY IN THE CITY OF DELRAY PP]ACH, FLORIDA, EXCEPT IN AN INDUSTRIAL OR MANUFAC_~.~R!NG ZONE ONLY; PROVIDING THAT THE FOPdE~ GOING SHALL NOT APPLY TO VALET-TYPE DRY CLEANING EQUIP~u~.~Uf, WHEREBY ONE SUCH PIECE OF EQUIPMENT MAY BE OPERATED IN ANY ONE BUILDING, OR LAUI%~RY- ETTES; A~D PROV~LNG THE PEN~LTY FOR THE VIOLATION THEREOF. A motion was made by Councilman Brannon, seconded by Couzlcilman ~,~ac~illan, that the foregoing Ordinance be placed on first reading, and upon call of roll the motion carried unanimously. In a motion by Councilman Roth, seconded by Councilman Brannon, unanimously carried, a reouest that one parking meter at the entrance of the Tap Room Restaurant be removed to allow the u_nloading of customers and provisions, .was tabled. The Council then adjourned.