03-22-49 MARCH 22ND, 19&9
Regular meeting of the City Council of the City of Delray Beach was held
in the Council Chambers at 7:30 P. M. with Mayor J. L. Saunders in the Chair,
and City Manager Charles E. Black, City Attorney John Moore, and the following
Councilmen present: John N. Kabler, Neil E. MacMillan, L. H. Brannon and
Walter A. Roth, a quorum being present.
City Manager Black presented a letter from Henry V. Pope, Architect, on
behalf of his client, Mr. F. Byron Parks, which was read as follows:
"19 March 19d9
City Council
Delray Beach
Florida
Gentlemen:
As outlined to the Council last month, our client, Mr. F. Byron Parks,
is planning to erect a Store Building on the Southeast corner of Atlantic
Avenue and Fifth Aven~e. The setback of this building will be 10' from the
property-line on Atlantic Ave., to line up with the adjoining Cason Stores.
We presume it is the wish of the City Council to remove the existing
8' sidewalk in front of this property in order to ~iden Atlantic Avenue, as
was done at the Cason Stores. In order to properly complete our drawings and
specifications fc~ bids, it is nec essary that we know that this is the Council's
intention and, also, what portion of the work and cost of the work is to be
borne by the city, and what portion by our client.
That portion of the york on city property is:
1. Removal of the existing curb and 8' sidewalk.
2. Widening of the street 8' to the property line.
The remainder of the work on Mr. Park's property is as follows:
1~. Installation of a new curb on the property line.
2. ~nstallation of a new 10' sidewalk from the property line to the
building line.
The sidewalk and curb on Fifth Avenue are in dangerous condition, and
as the new buildL~g will also set back lO' from the ~property line on this
street, our client will be installing 10' of additional sidewalk there. We
suggest that the city replace the existing 5' sidewalk and curb on Fifth Ave.,
at the same tiem, if they so wish, so that the pitch and appearance of the
sidewalk will be uniform.
Respectfully yours,
(Signed) Henry V. Pope
Pope & Blake, Architects."
Mr. Pope explained that a private individual can not do work on City
property, and in this particular case, this would clear up the block for . ~
traffic and establish a precedent for similar cases.
City Manager Black recommended that instead of laying a new 5' sidewalk
on S. E. 5th Avenue, this 5' be converted into the Street, at an estimated ~
cost to the City of possibly $ 200.00.
MARCH 22ND, 19~9
Councilman Kabler objected to the City assuming any expense on the 5th
Avenue side of this property, as no funds have been set up for such improve-
ments, and fearing that other property owners might make the same request.
He did favor the straightening of Atlantic Avenue, as this would be a benefit
to the entire public.
A motion was then made by Councilman Brannon that the City remove the
old sidewalk and curb on the north side of this property, and repave the 8'
area between the present street pavement and the new sidewalk line. Oouncil-
man Kabler seconded the motion, pertaining to the Atlantic Avenue side only.
Councilman Roth urged the Council to include the widening of Fifth Avenue
west of this property, to help in getting fire trucks out of the Fire Station.
After further discussion, Mr. Pope, on behalf of his client, offered to
remove the sidewalks on the north and west sides of his property, and reestablish
same on new set-back lines, if the City would assume the repaying of the portion
of the street right-of-way.
Councilman Brannon moved that Mr. Pope's offer be accepted, and the City
agree to pave the portion of the street left vacant by the set-back of side-
walks and curbs. The motion was seconded by Councilman Kabler, and upon call
of roll carried unanimously.
Councilman MacMillan then recommended that in cases where the owner builds
a new sidewalk on the proper .set-back line, the City remove the old sidewalk.and
resurface the area left vacant between the pavement and the new sidewalk.
With reference to the property Just ~orth of the City Hall, on the west side
of Fifth Avenue, Councilman Brannon moved that this ~idewalk be removed and the
street be extended to the property line, to aid traffic at this location. The
motion was seconded by Councilman Ro%h.
City Manager Black suggested that for the time being only the parking meter
at this spot be removed, and no parking be allowed. This wo,,ld be of some assis-
tance to the Fire Department in getting trucks out of the Fire Station.
As it was the consensus of opinion of +~he Council that this might be best
for the present, Councilman Brannon withdrew his motion.
Attorney J. W. Nowlin appeared before the Council, representing Mr. H. H.
Roberts, turner of Lots 10 and 11, Seestedt-Stevens Subdivision, asking the
Council to vacate and abandon the alleyway between these lots, if the City has no
use for it, so that the property may be utilized. He explained that the alley
showed on the original plat, but was not marked nor dedicated as such, and no
use had ever been made of it by the City, or for utility purposes. The extension
of the alley, lying between lots 8 and 9 was being used by the owner of these lots
as part of his yard.
,City Manager Black agreed that the alley was of no use to the City, and in
a motion by Councilman MacMillan, seconded by Councilman Brannon, the Co,zncil
voted unanimously to vacate the alley, subject to the aoproval of the owner of
Lots 8 and 9, which would also be effected.
Marion Williams appeared before the Council, stating that he planned to
build an addition to property at the Northwest corner of West Atlantic Avenue
and Fifth Avenue, with an entrance on Atlantic Avenue, the addition to be used
for a dry cleaning business. He was informed that a laundry or dry cleaning
business must be established in an industrial zone, except that one valet-type
unit would be allowed in a business zone.
The request was referred to the City Manager for checking of the type of
equipment he proposed to use, and in a motion by Councilman Brannon, seconded by
Councilman Roth, unanimously carried, permit was approved if requirements will
be complied with.
86,
MARCH 22ND, 19~9
Mr. J. P. Galloway then addressed the Council with reference to a buildi4g
he was constructing on Lot 9, Block 27, for Charles W. Patrik, Jr. This is a
Residence No. 1 zone, which only allows the construction of one family dwellings,
and the Building Inspector had stopped work on tM building.
Mr. F. J. Schrader, Building Inspector, explained that the original plans
had been for a single family dwelling, and the builder had made changes, without
his permission, to orovide for a Rooming House. He had contacted the owner of
the property, who informed him that he had definitely planned to build a Rooming
House, and would not go ahead with the building if it could not be used for this
i purpose. He had then stopped work on the building and asked that permit be
returned to his office.
After consideration by the Council, the matter was referred to the Zoning
Board with the request that the property be rezoned to allow Rooming Houses,
or a special permit be granted to allow the completion of this building.
A letter from Mr. Samuel Ogren was then presented and read as follows:
'9~arch 22, 19~9
City Council
Delray Beach
Florida
Gentlemen:
Mr. C. A. B. Zook owns two buildings which have been Joined together into
one and are located on the south side of Atlantic Ave., on the east bank of
the Inland Waterway. Some. time ago he released this property to the government
for a right-of-way for the Inland Waterway. In accordance with the a~reement
with the government he has the right to use any part of this land as ~ong as
the government does not require it.
Since the County is now preparing for the construction of a new b~idge
over the Waterway it will be necessary for Mr. Zook to move his buildings back
to raise the building to clear the necessary abuttments for the bridge. Mr.
Zook therefore wishes to move these buildings back &O feet from Atlantic Ave.
I hav~ filed an application with the Building Inspector for doing this.
It will be necessary to drive concrete piles and construct concrete grade
beams to support ~he b~mildings from this location. It is Mr. Zook's intention
to do everything required to give the buildings a substantial foundation.
I suggest that this matter be referred to a committee of the Council and
the City Manager, Mr. Slack and t~t they take up the matter with Mr. Boyd
and the County officials.
Yours very truly,
.(Signed) Samuel OrEen
SO/hl Samuel Ogren"
MARCH 22ND, 19~9
An application for permit was also filed, ~hich showed that the building
would be moved back AO', and east to within '7'6" cf the lot line.
The City Manager explained hhat this was a frame building in. a #1 Fire Zone,
having been built several years ago under a temporary permit.
City Attorney Moore was of the opinion that if the size of the building
would not be increased, moving a building already there could not be prohibited.
The recuest was referred to the ~oning Board for recommendation.
Mr. Roy Harvel, representing the Standard Oil co., appeared before the
Council, asking approval of a bdilding permit to extend the building on the Norht-
east corner of Atlantic Avenue and the Federal Highway, to the east and north to
the property lines, without altering the existing building.
The Building Inspector stated that t~ new construction would comply with all
building code requirements , but the islands and canopy on the west womld still be
non-conforming, being set back only 7½' instead of the required 20..
The request was referred to the Zoning Board for consideration of the granting
of a special permit, and recommendation back to the Council.
Upon motion of Councilman MacNillan, seconded by Councilman Brannon, unan~
imously carried, the Clerk was instructed to notify Mr. Ben Adams of the next
meeting of the Zoning Board, so that he might be present.
A letter from Thomas M. Cook & Co. of West Palm Beach, was presented by the
City Manager, in which they offered to sell City of Delray Beach Refunding Bonds
in the amount of $ 8,360.00 at 92 plus accrued interest. Mr. Black advised the
Council that approximately $ 20,000.00 was available for the purchase of b.~ds,
over the next interest payment, but that the .last bonds purchased by the City in
September of 19~8, were purchased for 90 plus accrued interest.
A motion was then made by Councilman Brar~non, seconded by Councilman Mac-
Millan, that the City offer to purchase these bonds at 87 plus accrued interest,
and upon call of roll t~e motion carried unanimously.
The following letter from Mr. Harold Ezzes, President of the Guardian Title
and Abstract Co. of West Palm Beach, was read:
MARCH 22ND, 1949
Upon the City Attorney's advise that he had checked the issuance of all of
the certificates referred to, and found them to be illegal, a motion was made
by Councilman Brannon, seconded by Councilman Roth, that they be stricken from
the records. Upon call of roll the motion carried unanimously.
City Attorney Moore then explained to the Council that the foreclosure
list which had recently been turned over to him by the Tax Collector covered
~very old delinquent taxes, mostly on properties which had reverted to the State
of Florida under the Murphy Act. At the last sess~ion of the Legislature an
Act had been passed cancelling all delinouent taxes on properties prior to the
time title reverted to the State, and believing these taxes could not be collect-
ed, certificates had been issued by the City stating that no taxes or liens
were outstanding. ,Later a test case had been decided in favor of Municipalities,
whereby the City could collect the taxes on Tax Sale Certificates issued prior
to 1939, therefore the taxes and liens were included in the foreclosure list.
He reco~ended that the City Council stand back of the certificates issued, as
this was the only proof as to the condition of taxes which the Title Companies
can obtain before.writing title insurance.
A motion was then made by Councilman Brannon, seconded by Councilman
MacMillan, that the City Attorney be authorized to cancel those taxes or liens,
Where certificates issued by the City Tax Collector, stating that all taxes
have been paid in full, are produced. Upon call of roll the motion carried
unanimously.
The City Manager presented an agreement with the Southern Bell Telephone
& Telegraph Co. whereby permission would be granted the City to attach wires
to seven of their poles for a control circuit to the Pumping Station.
The foll~ing Resolution was then introduced:
RESOLUTION NO. 730
BE IT RESOLVED by the City Council of the City of Delray Beach, Florida:
That the City Manager be and is hereby authorized and directed to execute
and deliver in the name of and on behalf of the City of Delray Beach, Florida,
and as its act and deed, the agreement between said City and th~ Southern
Bell Telephone and Telegraph Company, bearing date the l&th day of February,
1949, providing for the joint use of poles by said City and said Telephone
Company, which said agreement was produced at this meeting and is hereby
approved; and the City Clerk be and is hereby authorized and directed to attest
said agreement and to affix thereto the corporate seal of the City.
PASSED AND ADOPTED th~s~ 22nd day of March, A. D., 19~9.
(Signed) J. L. Saunders
~resident - City Council
ATTEST APPROVED:
(Signed).. Ruth R. Smith (Signed) J. L....Saunders
City Clerk Mayor
SEAL"
MARCH 22ND, 19~9
A motion was made by Councilman Brannon, seconded by Councilman Roth, that
the foregoing Resolution No. 730 be passed and adopted as read, and upon call of
roll the motion carried unanimously.
The City Manager was instructed to check into the possibility of removing
the telephone poles on the west side of N. E. &th Ave., at Atlantic Avenue, which
are in the Street right-of-way, creating a hazard.
A communication from John I. Thieme with reference to extending the closing
hours for liquor package stores was presented, and read as follows:
'9~arch 22,
Mr. C. E. Black
City Manager
Delray Beach, Fla.
Dear Mr. Black:
From reliable sources I understand that there is a movement on foot to
allow package store goods to be sold within the City limits up to twelve o'
clo~k midnight.
As I am the owner of the Georgia Town Tavern in the colored section, I'm
very much interested in this move, as we close our package store definitely as
the present City law now requires. We find that ~ur customers can go into white
town and buy all ~he package store goods they desire out of back doors of white
tawrns any timm of the day and night, also on Sundays. That of course cuts
into our business considerable as we only do bar business after closing hours.
I'm much in favor of either allowing package stores to remain open as
mentioned for the new move or to definitely enforce the law as it stands now.
It is not a fair proposition to punish bars who live up to the law by allowing
package goods to go dut after hours by those who do not live up to the law.
Please place me on record as mentioned.
Re spectfully yours,
(Si,~ned) John I. Thieme
JIT/cr John I. Thieme"
After consideration by the Council, it was decid~-~,d to make no changes in
the hours for closing liquor package stores at this time, but to enforce the
present Ordinance governing this business.
A report from the Zoning Board on matters referredto them for recommendation,
was presented and read as follows:
"March 18, 19&9
Hon. Mayor and Members of
the City Council
Delray Beach, Florida
IUtRCH 22ND, 1949
Ge ntlemen:
Your Zoning Board met March 16th, at which time the following recommend.'
ations were unanimously approved:
1. That a request that the square footage requirement for houses
built in a Residence "B" zone, within 500 feet of the railroad,
be reduced to 720 sq. feet, to allow a lower cost building to be constructed,
be denied, as it was the feeling of this Board that there now exists sufficient
property zoned "C" to take dare of the demand for houses smaller than "B" zone
requirements.
2. That a request that the construction of an open structure be allowed
on the side of a building in a residential zone within 2' of the
property line, be denied, as it is the opinion of the Board that any permanent
structures that would not provide the 15' lane between same would be more or
less a fire hazard by not permitting the free movement of equipment.
3. That a request that a colored Amusement Park be permitted in
Section 17, west of the colored school, be approved, as we feel~
that entertainment of this nature, when properly controlled by the City,
would be a benefit to the community.
4. That a request for a Special Permit to operate a Nursery in Sundy
Tembrook Subdivision, south of S. W. 4th Street between 3rd and 4th
Avenue,' be granted, as the Board recognizes the advisability of having something
of this nature bordering on the colored section that would act as a buffer, and
at the same time not affect the value of the surrounding property.
Very truly yours,
(SiKned) King S. Cone
KING S. 00NE, CHAIRMAN
DELP~Y BEACH ZONING BOARD"
Upon motion of Councilman MacMillan, seconded by Councilman Brannon, all
of the foregoing recommendations submitted by the Zoning Board were ~animously
approved.
Mayor Saunders then read a letter from the Property Owners Protective
Association inviting members of the Council to attend the open meeting which
they will hold in the Community Civic Center building on March 2&th, at which
time the proposed City Charter will be discussed.
A motion was made by Councilman MacMillan, seconded by Councilman Kabler,
that a Resolution be passed by the Council, expressing appreciation to
members of the Charter Committee for their efforts in preparing the Charter.
Mayor Saunders reported having received a letter commending the Police
Department for efficiency in arresting a bad check passer.
Mr. H. A. Hubbard. also commended the Police Department for prompt and
efficient service in running down criminals, stating a specific case where
another man who had attempted to pass bad checks had been apprehended at a
Miami Beach Hotel through the efficient service of the Police Department, %~o-
gether with their radio equipment.
MARCH 22ND, 1969
A letter from Mr. J. B. Evans was then read by Mr. Black, as follows: and
ordered filed:
"February 6th, 19~9
Mr. Charles E. Black
City Manager,
De]ray Beach, Fla.
Dear Nh-. Black:-
Some people wait until a fellow dies before they send him flowers but as a
citizen and tax payer of this City I want to tell Fou frankly never in all~ of
my years as a resident cf this City have I seen it look as clean and lovely as
it does at this time. The beach is wonderful and I have heard numerous com-
plimentary expressions regarding it from w~nter visitors.
· I want you to know that I appreciate your efforts: I believe you have
done all possible with what you have had to do with.
Most respectfully yours,
B. .vans"
In a motion by Com~. cilman Roth, seconded by Councilman MacMillan, unanimously
carried, bills totaling were approved for payment, subject to the
approval of all m~mbers of the Finance Committee.
An estimate of the cost of construction of storm drains in S. E. 6th Ave.
from the alley south of East Atlantic Avenue to FirSt Street, and east on S. E.
First Street to the Federal Highway, was presented by the City Manager, in the
amount of $ 5,800.00.
The following Resolutions were then ~resented and read in full:
RESOLUTION NO. 728
A RESOLUTION OF THE CITY OOUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA,
ACCEPTING PLANS A~D SPECIFICATIONS OF THE CITY ENGINEER FOR CERTAIN
STORM DRAINANCE ClnNSTRUCTION ON S. E. ATH AVENUE, FROM ATLANTIC
AVENUE TO FIRST STREET, AND EAST ON S. E. FIRST STREET TO THE FEDERAL
HIGHWAY, AND THE INSTALLATION OF NINE CATCH BASINS IN CONJUNCTION
WITH SUCH STORM DRAINS.
BE IT RESOLVED BY the City Council of the City of De].ray Beach, Florida,
that plans and specifications and the estimated cost, amounting to'~ 5,800.00,
of the proposed Storm Drainage construction work be accepted.
BE IT FURTHER RESOLVED that said plans and specifications of the City
Engineer be filed with the City Clerk of the City of Delray Beach, Florida,
and that the' same shall be open to the inspection of the public, and that a
copy of said plans, specifications and estimate of cost shall be filed in the
office of the City Engineer for public inspection.
lVL~RCH 22ND, 19&9
BE IT FURTHER RESOLVED that said plans and specifications, and estimate of
cost of the proposed improvement cover the following work, to-wit:
Construction of storm drains on S. E. ~th Avenue from
East Atlantic Avenue to First Street, and east on S. E.
First Street to the Federal Highway, and th~ installation
of nine necessary catch basins in conjunction with such
storm drains.
ADOPTED by the City Council of the City of Delray Beach, Florida, on this
22nd day of March, A. D., 19&9.
(Signed) J. L. Saunders
President - City Council
APPROVED:
ATTEST: (.Signed) J. L. Saunders
MAYOR"
(Signed) Ruth R. Smith
City Clerk
SEAL"
RESOLUTION NO. 729
A RESOLUTION OF TSE CITY COUNCIL OF THE CITY OF DELR~¥
BEACH, FLORIDA, ORDERING THE CONSTRUCTION OF STORM DRAINS
ON S. E. &TH AVENUE, FROM THE ALLEY SOUTH OF ATLANTIC
AVENUE TO FIRST STREET, A~D EAST ON FIRST STREET TO THE
FEDERAL HIGHWAY, AND THE INSTALLATION OF NINE NECESSARY
CATCH BASINS IN CONJUNCTION WITH SUCH STfRM DRAINS.
WHEREAS, the City Council of the City of Delray Beach, Florida, did on
the 8th day of March, 19~9, adopt a Resolution ordering the City Engineer to
prepare plans and specifications for certain storm drains, and did also
adopt a Resolution on the 22nd day of March, 19&9, accepting plans, specifi,
cations and estimate of cost of said improvement work, and ordered said plans
and specifications and estimate of cost thereof to be filed in ~he office of the
City Clerk and a copy thereof to be filed in the office of the City Engineer
and kept open for inspection by the public,
NOW THEREFORE, BE IT RESOLVED by the City Council of the City of Delray
Beach, Florida, that it has determined to make the following described im-
provement which the City deems to be necessary for the safety and convenience
of the public, to-wit:
Construction of storm draLas o~ S. E. &th Avenue fro m East
Atlantic Avenue to First Street, and east on S. E. First
Street to the Federal Highway, and the installation of nine
necessary catch basins in conjunction with such storm drains,
the total estimated]cos% cf which improve~ant is $ 5,800.00.
MARCH 22ND, 19~9
BE IT FURTHER RESOLVED that the entire cost of such improvement shall be
assessed against the following described property in Delray Beach, Florida;
Lots 3 and 6 to 19, inclusive., Block 93,
Lots ll and the N. 38.8' of Lot 12, Block 9A,
Lots l, 7 to 13, inclusive, 20 and the S. 35.97' of 19, Blk. lO1
Lots i and ll a~d the N. 38.8' of 2 and 12, Block 102
Lot lA and the S. 35.97' of Lot 13, and Lots 25, 2~ and the S. 13.6' of
Lot 23, Block 109.
Lots i and ll, and the N. 38.8' of Lots 2 and 12, Block llO
said benefits to be determined and prorated according to the front footage of
the respective properties as set forth immediately above.
BE IT FURTHER RESOLVED that said special assessments against the lots and
lands set fc~th immediately above which are specially benefitted, shall be and
remain liens superior in dignity to all other liens, except liens for taxes,
until paid, from the date of the assessment upon the respective lots and oarcels
of land assessed, and ~hich shall bear interest at the rate of 8 percent per
annum, and which may be paid in tau equal yearly installments with accrued
interest on all deferred payments. Payment shall be made at the same place that
taxes payable to the. City of Delray Beach, Florida, are paid; namely at the
Office cf the City Tax Collector, and upon the failure of any ~oroperty owner to
pay any annual installment due, or any part thereof, or any a~nual interest upon
deferred payments, the City of Delray Beach may bring necessary legal proceedings
by a Bill in Chancery to enforce payment thereof with all accrued interest, to-
gether with all legal costs incurred, including a reasonable Attorney's fee. The.
total amount of any lien may be paid in full at any time., with interest form the
date of assessment.
IT IS ORDERED that the foregoing Resolution be published two times in the
De]ray Beach News, a newspaper published in the City of De]ray Beach, Florida.
ADOPTED by the City Council of the City of Delray Beadh, Florida, on this
the 22nd day of March, A. D., 1949.
(SiEna. d) J. L. SAunders
President - City Council
APPROVED:
(Signed,) J. ,L. Sa. unders
ATTEST: MAYOR
(Signe,d)Ruth R. Smith
City Clerk
SEAL"
Upon motion cf Councilman MacMillan, seconded by Councilma~ Brannon,
unanimously carried, the foregoing Resolutions Nos. 728 nod 729 were passed
and adopted as read.
MARCH 22ND, 1949
The City Manager stated that the State Road Department did not intend to
improve the Federal Highway through this City this year, that it had been a
suggested project, but was not included in the final projects selected to be
done this year, therefore the 18" drain under the Federal Highway must be u:~.'
utilized, which connects with a 24" line east of the Highway, or the City must
go to the expense of cutting through the Highway and installing its own line.
The following Ordinance was then brought up for second and final reading:
ORDINANCE NO. G-T&
AN ORDINANCE OF qHE CITY COUNCIL CF qHE CITY OF DETP~AY BEACH, FLORIDA;
PERTAINING TO WATER SERVICE IN SAID CITY; DESCRIBING THE NININU~ SIZE OF
WATER METER TO BE USED, DESCRIBING THE MONTHLY MINIMUM CHARGE WHICH SHALL
BE MADE FCR DIFFERENT SIZES OF WATER METERS AND FIXING THE 00ST PER THOUSAND
GALLONS OF WATER USED IN EXCESS OF. SAID MINIM~M; DESCRIBING WHEN SAID
WATER CHARGES SHALL BE PAYABLE AND DELINn~NT AND FURTHER PROVIDING FOR
TME DISCONTINUANCE CF WATER SERVICE; LIMITING THE N~BER OF HOUSES ~ND
BUILDINGS WHICH MAY BE CONNECTED TO ONE WATER METER; PROVIDING PENALTIES
FOR THE VIOLATION THEREOF; SETTING FORTH A METHOD OF DETERMINING A
CHARITY LIST FOR WATER; AND REPEALING ALL ORDINANCES OR PARTS OF ORDIN-
ANCES IN CONFLICT HEREWITH.
BE IT ORDAINED by the City Council of the City of Delray Beach, Florida,
as follows:
SECTION 1. No water service will be furnished to any person, f1,-m or
corporation in Delray Beach , Florida, who does not agree to accept all of
the provisions of the sections contained herein, and all of the reasonable
rules and regulations not incosistent herewith promulgated by the Cit~ Council
for the regulatton~of water service; and the adoption of this ordinance shall
be sufficient notice to all persons of the provisions hereof; and the accept-
ance of water service from the city ~all, in itself, be the acceptance of the
provisions hereof.
SECTION 2. The minimum size meter to be used at the residence or place
of business of the water customers of the City of Delray Beach shall be as
follows:
3/~" Meter -- users having 10 fixtures or less
1" Meter -- users havidg from 11 to 2~ fixtures, both inclusive
1-1/2" Meter- user having from 25 to 50 fixtures, both inclusive
For users having more than 50 ~txtures, the size meter to be determined
by the City Water Department. (Each exterior outlet shall be considered
a separate fixture.)
For the larger size tap, the charges shall be for all material and labor,
including street and sidewalk repairs, necessary to complete the work, and
the Water Department shall make an estimate of all costs of said labor and
materials and repairs for the job, and shall require of the aoplicant before
the work is started a deposit in that sum, plus 10% as a ~uarantee of payment.
MARCH 22ND, 19&9
Tapping charges to contractors and other persons requiring water for temp-
orary use only, shall be charged to cover labor in installing and removal and
for equipment damaged while on the job; and a reasonable deposit shall be made
to cover such labor, and damage, in addition to the deposit insuring payment
for water consumed, as hereafter set forth.
Fire hydrants shall not be used for obtaining water under any circumstances,
except by consent of the Fire Chief, and under his regulation and control, or
some employee of the Water Department v~der the direction of the Chief of Fire
Department. In case fire hydrants are used for obtaining water, a $5.00 deposit
shall be required and a aharge of $2.00 shall be made for each connection. All
water shall be metered and a charge of 20¢ per thousand gallons shall be made fog
all water comsumed. The minimum daily charge for water from such hydrants shall
be 504.
SECTION 3. A monthly minimum charge will be made, payable monthly, varying
according to the size of the meter; and allowing a fixed amount of water without
excess, charged for the different sized meters, as set forth in the following
schedule:
Minimum Amt. of Water
Sixe of Charge Allowed
Meter Per Month Per Month
3/~" $ 2.00 5 M Gals.
1" 2. 50 10 M Gals.
1-1/2" 3.50 20 ~,~ Gals.
2" ~. 50 30 M Gals.
Ail in excess of the minimum shall be 1~¢ per thousand gallons where water
is furnished within the city limits ~ the City of Delray Beach, Florida, and
shall be 30~ per thousand gallons where water is fumished out of the city limits
of the City of ~eLray Beach, Florida.
SECTION ~. A guarantee of payment deposit for all bills, shall be made by
each consumer or owner, varying according to the size of the meter in use, as
follows:
3/~" Meter ~ $ 5.00
1" Meter -- 10.00
1-1/2" Meter --- 25.00
2" Mete r -- 30.00
3" Meter -- 50.00
~" Meter -- 100.00
Whenever in any month the water bill of any consumer amounts to as great c~
greater sum than the amount of his deposit, he shall be required to make a deposit
in do~ble the amount of such bill.
SECTION 5. Upon application for water service, and payment of deposit as
required by this ordinance, water will be t~rned o~ as soon as practical. Ail
bills for water sh~ll become due and payable on the first day of each mont h, and
if paid in full by the 10th day of the month, the payment shall be for the exact
amount c~ ~he water used and charges for under this ordinance, however, if said
bill is paid after the lOth day of the month, there shall be a penalty of ten
per cent., and if said bill is not paid on or before the 20th day of the month,
the water shall be cut off without further notice. Water will be cut off at any
]~RCH 22ND, 19;~9
time requested by consumer and guarantee of paym~t deposit refunded upon
settlement of all back charges.
Meter shall be removed by the Water Department without delay whenever
water is cut off, either by request or the consumer or by the Water Department
f~ non-payment of charges or for other reasons, and a charge of 8ne Dollar and
fifty cents ($1.50) shall be paid before the meter shall be again installed.
SECTION 6. Not more than two dwelling houses, tenant houses, apartment
houses or other buildings suitable for living quarters or store buildings shall
hereafter be connected through one water meter to the City.water supply.
SECTION 7. It shall be unlawful fer any person other than a water works
employee to tap any water main of the City, or to connect water with property
or premises with separate ownership, or to connect water with City mains after
same has been disconnected by said Water Department.
SECTION 8. PENALTIES: Any person found guilty of violating any of the
provisions cf this Chapter shall be punished by a fine not exceeding One
Hundred Dollars ($100.00) or by imprisonment for a period not exceeding Thirty
(30) days, or by both such fine and imprisonment, in the discretion 8f the
Municipal Court.
SECTION 9. The City Council of the City of Delray Beach, Florida, Shall
determine on an annual basis which, if any, persons or organizations residing
in or locating in the City of Delray Beach ar~ consuming city water shall be ~-~
placed on the charity list cf the City Water Department and shall be entitled
to receive up to five thousand gallons of water permonth, without charge.
Such list shall be compiled from applicants for such charity water who have
filed through written application with the City Clerk for such charity water.
The names of such applicants who are approved by the City Council w~11 be
placed on the charity water list and this list turned over to the City Clerk
for use by the City Water Department.
SECTI'ON 10. The City Clerk is hereby directed to prepare a form of
application for those residents of this ~ommunity using City water who desire
to apply for charity water from the City. Any person desiring to make applic-
ation for charity water shall apply to the City Clerk on or beforethe 10th
day of any month, and shall sign a written application therefor as prepared by
the City Clerk. The City Clerk is directed to turn ever all such aoplications
to the City Council on the first regular meeting of the Council held after the
10th day of each month.
SECTION ll. When a customer has been approved for the charity list, he
shall be entitled to receive five thousand gallons of water per month without
charge, but he ahall be billed at the regular rate for any excess used over that
amount and shall not be enti tled to further charity water unless said excess is
paid for or payment thereof valved by the City CouncLl.
SECTION 12. No person will be granted charity water unless a written ~%
a~plication has been filed on or before the loth day of the month.
SECTION 13. Ail ordinances or parts of ordinances in conflict herewith
are hereby repealed.
?
~RCH 22~D, 1949
PASSED in re~vlar session on the second and final reading on this the 22nd
day of March, A. D. 1949.
(Sig~ned) J, L,. Samnders
President, Gity Council
A?ROVED:
ATTEST: MAYOR
(Sic_ed) Ruth R. Smith
City Clerk
SEAL"
1st. Reading- March 8, 1949
2nd Reading - March 22, 1949
Passed ~ud adopted - March 22, 19~9
A motion was made by Councilman Brannon, seconded by Councilman Roth, that
the foreEoing Ordinance No. G-74 be passed ~nd adopted as read, and upon call of
roll the motion carried unanimously.
Cou?cilman Brannon then outlined a Civil Service Act and Pension Fund Plan
which he orooosed be included in the Charter being prepared to be submitted to
the L.~gis!ature in Aoril. ?~. Brannon stated that he had spent several months
in studying Civil Service Acts adopted by other Cities of this size, and felt
that he had drafted a law which woUld be suitable for this C~ty, as a protection
to City employees against being d' smissed without just cause, and establishing a
Pension Fund to which emo!oyees would contribute a percentage of their salaries,
as a protection against disability.
Co~12~cilEQ~ Brannon offered to present this Civil Serve_ce Act an~ Pension
~w~_ud Act at the open meet'ng to be held on March 24th, as an amendment to the
proposed Charter, in order to present it all to the Legislature at the same time.
Mr. Brannon explained that the City would assume the establishment of the
inibial i~nnd, up .~m approximately ~ 20,000.00, suggest-~ng that the City's share of
parking meter receivts be set aside to establish this fund. Each em?!oyee
pay a 0ercenta~e of not more than 8% of his salary into that fund, and the money
loaned by the City to set up this fund would be repaid, and thereafter wo~:.!d be
self-sustaining. Under this provision the City wo~!d not contribute to the f~mnd
in any other ~.zay.
Counci~ns_u MacMillan favored the Pension Plan, but opposed a Civil Service
Act whereby, he claimed, a person not perfo~.ing his work satisfactorily could not
be dismissed without a heardng before a Ci~il Service Board, and a long delay.
contended that a person doing his work well had nothing to worry about.
City Mmnager Black, however, stated that a person could always be removed upon
charges that could be supported.
Mr. H. A. Hubbard, President of the First National Bs~nk, believed it would be
a step forward for the City, and that City employees were entitled to this protect--
ion against changes and the "weather".
Councilm~ Brannon then agreed to answer any questions pertaining to these
Acts at the Public Meeting, and also stated ~,hat he considered it a modern, fo~ard
step, although he realized there would be ob~ections to it, as there have been to
every step taken by the Council.
1949
A rotation Was then made by Councilmsn Braunon~ seconded by Councilman Roth,
that he offer the Civil Service and Pension System Acts as amendments to the
proposed Charter, for the consideration of the public at bhe o~n meeting to
be held March 24th in the Civic Ce~ter Building.
City ~,~ager Bla~k thanked Com~cilman Brannon on behalf of the City em-
ployees, for his work in preparing these Bills, stating he was sure his efforts
were greatly appreciated.
A report of the Auction Sale of City o~.med properties, which was held ~rch
21st, was filed~ as follows:
Lots 23 m~d 2~,~, Block 3, Rosemont Park - ~ 84.'10
W. 1/2 of Lot 13 and Lot 14 less the ~. 17', Vista Del Mar Subdivision
~$ 3,000;00.
Czty dlerk
ATTEST:
~ ' MAYOR )