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09-30-49SpMtg sEpTE~IBER 30TH, 1949 A Special Heeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:30 P. N., with Mayor J. L. Saunders in the Chair, and City Attorney John Noore, City Manager Charles Eo Black, and the £ollowing Councilmen present: L. It. Brannon, John N. Kabler, Nell E. HacMillan, and Walter A. Roth, a qaorum being present. Clty Manager Black advised the Council that the Arcade Tap Room held a license they will not use for a Liquor Package Store, and they had offered to turn it over to the City for use at the Golf Club House. It could not, however, be down-graded to a Club license, this year, but wo~ld have to be a commercial Bar license at a fee of ~ 1500.00. After consideration, it was the consensus of opinion of the Council that a liquor license, at this price, was not warranted at the ~olf Club at this time, and upon motion of Councilman Brannon, seconded by Councilman Kabler, and unanimously carried, it was de- cided not to consider taking over the Tap Room license which was available. A letter from the Florida League of ~unicipalities, with reference to a State Tax on cigarettes, recently enacted by the special session of the Legisl~ture, was presented by the City Manager and read.' Upon motion of Councilman Brannon, seconded by Councilman Roth, unanimously carried, the City Attorney was instructed to draw up an Ordinance levying a tax on cigarettes in accordance with the schedules provided for in the new State Law, and repealing our existing cigarette tax 1~,. Construction contract between ~like Blank Nurseries and the City of Delray Beach, for the installation of a water system on the Golf Course extension was read as follows, and upon motion of Councilman Brannon, seconded by Councilman MacMillan, unanimously carried, the contract was approved by the Council, and the Mayor and City Clerk were authorized to execute same on behalf of the City of Delray Beach. "CONSTHUCTION CONTRACT TH1S CONTEiCT, Made and entered into this the thirtieth day of September, A. D. 1949, by and between NIKE BL.<~K, d/b/a/ )lIKE BLzL~K NURSEtIIES, of the City of Delray Beach, Florida, party of the first part, and hereinafter referred to as the Contractor, and CITY OF DELit.~Y BEACH, a municipal corporation of Palm Beach County, Florida, party of the second part, hereinafter referred to as the City, :~PTE~ER 30TtI, 1949 I~ITNESSETH: That the Contractor, for the considerations herein- after fully set out, and in Further consideration of the premises and of the mutual covenants and promises herein contained, hereby covenants and agrees with the City as Follows: 1. That the Contractor slmll furnish all materials and perform all the work in the manner and to the full extent as set forth in the specifications, invitation to bids and plans concerning the install- ation of a water system for nine (9) holes of golf for tt~e Delray Beach Golf and Country Club, which specifications, invitation to bids and plans are annexed hereto and made a part hereof, to the satis- faction of the City, or its duly authorized representative, who shall have at all times full opportunity to inspect the materials to be furnished and being furnished, and the work being done pursuant to this contract. 2. That the Contractor shall con~nence the work to be performed under this contract within ten (10) days from the date hereof, and shall fUlly complete all work hereunder within the time as specified, namely, on or before December 1, 1949. 3. The City hereby agrees to pay to the Contractor for the faithful performance of this Agreement the sum of money set forth and stipulated in the accepted bid from the Contractor. 4. The Contractor shall furnish a surety bond in the amount of Nineteen thousand, six hundred forty-four Dollars and seventy cents (~19,644.70) as security for the faithful performance of this contract, and for the payment of all persons performing labor on the project under this contract and furnishing materials in connection with this contract. The surety on such bond shall be duly authorized surety company satisfactory to the City. 5. Payments hereunder shall be m~,de in the following manner: a. Upon the delivery by the Contractor to the area on which said nlne (9) holes of golf course are being con- structed of at least fifty percent (50%) of the materials to be furnished according to the said plans and specificat- ions, and upon presentation to the City, or its duly authorized representative, of invoices from the manufact- urer or manufacturers who have made said material upon which delivery has been made to the Contractor and accepted by him, the City shall reinsburse the Contractor in the amount sho~m by said invoices. b. When the Contractor has completed an estimated fifty percent (50~i) of the installation as required hereunder, then the City shall pay to the Contractor the amount equal to fifty percent (~0~) of the difference between the cost of the material and the total contract price of $19,644.70. SL~PTE~fBE[{ 30TH, 1949 c. Upon the completion by the Contractor of all install, i~ ations as required hereunder and upon such installations being tested by the Contractor to the satisfaction of the City, the City shall pay the amount remaining to be paid hereunder. 6. Any deviation from the said plans, specifications or in- vitation to bids shall have to be approved in writing by the City or its authorized representative, and any resulting deviation in the amount to be paid to the Contractor by the City shall also have to be approved by the City or its authorized representative in writing. ?. Provided, however, that complete payment shall not be made to said Contractor by the City until said Contractor shall have furnished to the City or its duly authorized representative receipts showing payment in full for all work and labor done and all materials furnished. IN WITNESS MiEREOF, the parties hereto have set their hands and seals the day and year first above written. MIKE BL.4NK, doing business as MIKE BL~NK NURSERIES By: (Signed) Mike L. Blank SE~L" CITY 0F DEL~Y BEACtt, FL0~{IDA ATTEST: B~: (Signed) J. L SaUnders Mayor (S.igned) Ruth R. Smith City Clerk ~Pt~i~OYED AS TO FOi~i (Signed) John Moore City AttOrney" Attorney C. H. Warwick of West Palm Beach appearing before the Council with reference to the increased license fee for soliciting business for out-of-town concerns. He represented ten solicitors 2n West~Palm Beach who have been doing business in this City for several years, who felt that the increase in license fee from $ 25.00 to ~ 125.00 was prohibitive and unreasonable, tie realized that the intent of the Ordinance was to protect home town merchants, he stated but Courts have consitently held such Ordinances'to be discriminatory, unreasonable a~l void. He asked that the fee be reduced to at least ~ 30.00, or the same amo~.mt as charged the same classification of merchant operating from a place of business in the City. Several solicitors from West Palm Beach and Lake Worth also appeared to protest the license fee, all of who claimed that they would be prohibited from doing business in this Clty, as their business would not warrant paying ~ 125.00 a year for a licenseo After discussion at length by the Council, a motion was made by Councilman Brannon that Paragraph 4 of Section 192 of License Ordinance No. G-il, providing that peddlers, hawkers, vendors, agents or solicit- ors soliciting business for out-of-town business houses or enterprises, not maintaining a place of business in the City of Delray Beach, shall pay a license fee of ~ 125.00, be changed to provide for a license fee of ~ 50.00, this provision not to apply to wholesalers. The motion was seconded by Councilman HacNillan, and upon call of roll carried unanimously. Hr. ~arwick stated that he did not think solicitors would accept an increase to $ 50.00, that he cnnsidered ~ 30.00 would be the max- imum they would be ~illing to pay. tie also advised the Council that other surrounding Towns are waiting for a test case to be carried to the Cou:ets, hoping this City will have to stand the test and they will benefit by it, as they are contemplating passing similar Ordin- ances. At the request Of the Golf Committee, a motion was mad~ by Councilman NacNillan that action on the renewal of contract with [lal~h Stewart as Golf Club Hanager a~ Greenskeeper be extended fifteen days, this action, however, not to be constructed as an extension of his contract. The motion was seconded by Councilman Brannon, and upon call of roll carried unanimously. ~ith reference to a dedication of 5' on the east and south sides of property owned by the Southern Bell Telephone and Telegraph Co. in Block 94, City Attorney Noore advised that the deed offered to the City was a regular deed to this property, stating it was to be used for sidewalk purposes only, and in the event it is not used for such purposes it will revert back to the grantor. Upon motion of Councilman Brannon, seconded by Councilman Hoth, and unanimoasly carried, the deed was accepted, as offered by the Telephone Company. The licensing of rooms and rental units in private homes was considered by the Council, and a motion was made by Councilman Brannon that three or more rooms, or three or more separate complete units, at one location, be licensed if rented for profit, and that the License Ordinance be clarified by this definition of rental units to which the license shall apply at that one location. The motion was seconded by Councilman Roth, a~ upon call of roll carried unanimously. No action was taken on the request of Hr. 0. Helland that office space be licensed on the same basis as apartments in apartment houses. TI~ Council approved the renewal of license to James R. Smith to operate three Ice Cream ~agons in the City, with the provision that he must not operate east of the Canal. Upon motion of Councilman Brannon, seconded by Councilman Roth, and unanimously car~ied, an amendment to the License Ordinance was approved to provide for the licensing of branch Real Estate offices at ~ 25.00, and for all branch offices at the same fee as charged for the original office. SEP?E,~mER 30TIi, 1949 The following Ordinance was then introduced as an Emergency measure to provide the foregoing amendments to the License Ordinance, to be effective i~m~ediately: "ORDINANCE NO. 6-83 AN E~LERGENCY ORDINanCE uF THE CITY COUNCIL OF TtiE CITY OF DELl/aY BEACtl, FLORIDA, AMENDING PARAGRAPH FOUR OF SECTION 192 OF ORDINAa~CE NO G-Il, PERTAINING TO PEDDLERS OF MERCIIANDISE, PiiODUCE, ,LSD OTHER PIIODUCTS, AND REPEALING :iLL ORDINANCES 0tt PA[ITS OF ORDINANCE IN CONq~LICT HERE%~ITH: BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1: That Paragraph Four (4) of Section 192 of Ordinance No. G.-11 be, and the same is hereby amended to read as follows: "Peddlers, Hawkers, Vendors, Agents or Solicitors, soliciting business for out-of-town business houses or enterprises not main- taining a place of business in the City of Delray Beach-----poO.O0, providing however that this provision does not apply to whole- salers dealing exclusivel~y with retailers." SECTION 2: Ail Ordinances and parts of Ordinances in conflict herewith are hereby repealed. SECTION 3: This is an emergency Ordinance and shall become effective immediately upon its passage. PASSEl) on first and final reading on this the 30th day of September, A. D., 1949. (Signed) J. L. Saunders President - CitY CoU'O'cil APPROVED: ATTEST: (Signed) J. L. Saunders Mayor (Si.~ned) Ruth R. Smith City Clerk S ~{L" A motion was made by Councilman Brannon that the above Ordinance No. G-83 be passed and adopted as read, as an emergency Ordinance. The motion was seconded by Councilman Kabler, and upon call of roll was unanimously carried. Mr. E. L. Davis again appeared before the Council with reference to his proposal to lease a sec%ion of the Softball Field for the promotion of boxing matches. He stated that he felt sure the American Legion would sponsor %he "Fights", but they were waiting for the de- cision of the Council as %o leasing of the ground. s~TE,~BF, Y{ 30TII, 1949 Councilman Brannon moved that the City lease the land at the South end of the Softball Field needed by ~{r. Davis, for a period of five years, a~xi charge 10~ of .gross gate receipts per entertain- ment, day or night, for the use of same, the operatbr to furnish suitable bond against loss or damage resulting from such activities, if the American Legion or the Veterans of Foreign b'ars will sponsor the project. It was suggested by Coun¢ilman'~ }loth that land north of the South tiut, on the Athletic Field be leased to ,~lr. Davis, where bleachers Would not have to be taken down during the summer. Councilman NaeNillan disapproved of leasing any portion of the Athletic Field, especially if permanent fences were to be constructed, and suggested that Nr. Davis arrange to use a part of the Gladiola Fair Grounds, or some other vacant property. ~ir. Davis estimated that 10~ of the gate receipts vould run approximately ~ 350.00 to $ 400.00 a week, ~hieh Councilman Brannon felt vould amount to a good additional r~venue for the City during the year. After further consideration by the Council as to the advis- ability of leasing any portion of the Athletic Field, ,~layor Saunders suggested that ~Ir. Davis ask the Veterans of Foreigh ~;ars to sponsor his project, and build his arena on City property near their Club House site on Germantown Road, or on a portion of the land which the City has leased to them. This would leave the Athletic Field intact as a Playground, ~lr Davis agreed to consider this suggestion. The meeting then adjourned. City Clerk ~LPPI~ OV~ D: