10-11-49 OCTOBER llTH, 1949
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 Attorney John Moore, City Manager Chas. E. Olack,
and the following Councilmen present: L. H. Brannon, John N. kabler,
Neil E. MacMillan, and Walter A. itoth, a quorum bein~ present.
City Manager Black advised the Council of a request for a gratis
license filed by Mr. Joseph Friedlander, lie stated that Mr. Friedlander
is 85 years old. He sells costume jewelry through the City, but his
sales average only ~ 25.00 a month. He is exempt from payin~ an occup-
ational license by the State of Florida, and asked that the City also
waive this license fee.
After consideration, a motion was made by Councilman MacMillan,
seconded by Councilman Kabler, that on Ordinance be drafted exempting
a person 65 years of age or more from payinw an occupational license
fee, subject to the approval of the Council. Upon call of roll the
motion carried unanimously.
City Manager Black stated that he had received two bids for widen-
ing the paving on the north and west sides of the new Parks building on
the southeast corner of East Atlantic Ave. and Fifth Ave. according to
specifications, and also for removing the old sidewalk abutting the
S. 40' of Lots 1' and 2, and the City owned lot, the N. 40' of Lot 8,
Block 109, and replacing same with pavin~ and a new sidewalk, the new
sidewalk to be set back off the street r~w. Mr. Black sugEested that the
old sidewalks be removed and the forms built for the new walks, with
City Forces, and tttat the contracts for the paving-and laying of the
new sidewalks be awarded to the Iow bidders.
Upon motion of Councilman Kabler, seconded by Councilman MacMill. an~
and unanimously carried, the recomr~endation of the City Manager regarding
the widening of the pavement at the Parks building was an~roved, and
contract was awarded to Jack E. Carver in the amount of $ 270.60.
Upon motion of Councilman Brannon, seconded by Co~tncilman Hoth,
and unanimously carried, the City Manager was authorized to remove the
sidewalks and reb~ild new walks inside of the nroperty lines abutting
the property described above. Contract for the work was awarded to
W. J. Shaw in the amount of ~ 254.70.
Councilman Kabler feared this might establish a precedcnt of im-
proving private property, although the walks are now on the street
A letter fro. the Junior Chamber of Comr;erce wtih reference to the
need o£ street lights or sidewalks on West Atlantic Ave., was read as
follows:
October 1, 1949
To: The Honorable Mayor
and City Council
Delray Beach, Florida
Gentlemen:
It is hereby urgently requested that either street lights or side-
walks be installed on West Atlantic Avenue for the protection of the
OCTOBER llTI{, 1949
general public. The need for such action unfortunately has been
proved by the recent accident ~ich cost a life.
Respectfully yours,
Junior Chamber of Commerce
(Signed) Walter A. Roth
Walter A. i[oth, ?resident
W a/s j"
Hr. Black expalined that he had been oromised a little shell
rock from the Board of County Commissioners, which could be used
for a rough walk on West atlantic Ave., b~t that there are no poles
for lights on West Atlantic Ave.
After discussion, a motion was made by Councilman Brmv~on that
the City Manager be instructed to make an immediate survey, and where
possible to order the installation of street lights, where no poles
~re installed, he was instructed to secure an estimate of the cost of
installin~ poles, by the next meeting of the Council. The motion
was seconded by Councilman MacMillan, and upon call of roll carried
unanimously.
With reference to furnishing cast iron pipe to Mike Blank
Nurseries for use on the Golf Course Sprinkler System, City Manager
Black advised the Council that ha had received a quotation on re-
plenishing the City's stock, whereby we can sell pipe on hand to
Mr. Blank for $ 1.65 a foot. He submitted an amendment to the con-
tract with Mike Blank Nurseries to cover this transaction.
Upon motion of Councilman Brannon, seconded by Councilm~n Kmbler,
and unanimously carried, the amendment to the above c~)ntract was
accepted by the Council, after being amproved by the City Attorney.
The City Engineer's assessment roll as to the cost of the con-
struction of Storm Drains on S. E. 4th Ave., from the alley south of
Atlantic Ave. to S. E. 1st Street, and east on S. E. 1st Street to
the Federal Highway, was filed, as follows:
ASSESSMENT ROLL
Description Owner Front Assessment Total
Footage Per Ft. Assessme~
Lot 3, Block 93 A. George 140' $ 2.257 $ 316.05
" 6, " 93 Elise M. Byrd 42' " 94.83
" 7, " 93 Dr. J. L. Love 42' " 94.83
" 8, " 93 " 42' " 94.83
" 9, " 93 Frank H. l{ena F.
Seely 42' " 94.83
" 10, " 93 Dr. J. L. Love 42' " 94.83
"11, " 93 Louisa Bettcher 24' " 54.21
" 12 " 93 " 24' " 54.21
" 18' " 93 " 24' " 54.21
" 14, " 93 " 24' " 54.21
OCTOBER llTH, 1949
Description Owner Front Assessment Total
Footage Per Ft. Assessment
Lot 15, Block 93 Lacy T. Love 24' $ 2.257 $ 54.21
" 16, " 93 " 24' " 54.21
" 17, " 93 ~ 24 ' " 54.21
" 18, " 93 Felice P. James 24' " 54.21
" 19, " 93 " 46.2' " 104.31
Lot 11, Block 94 J. A. Zeder 61.2' " 138.17
N. 38.8' of Lot
12, Block 94 " 38.8' " 87.61
Lot 1, Block 101 A. George 140' " 316.05
" 7, " 101 City of Delray 64.03' " 144.56
~ 8, " lO1 " 64.03' ~ 144.56
" 9, " 101 " 64.03 " 144.56
N. 20' of Lot lO,
Block lO1 Charles J. ~ick, II 20' " 45.14
S. 44.03' of Lot
10, Block 101 John N. Kabler, Jr. 44.03' " 99.42
Lot 11, Block lO1 " 64.03' " 144.56
~ 12, ~lock lO1 Raymond C. &
Gertrude M. McFadden 64.03" " 144.56
" 13, Block 101L. L. Croft, ~. T.
Davis and It. S. Carle,
Trustees of Carpenter's
Union $ 1927 199.03' ~ 449.25
Lot 20, Block lO1 Alfred B. Gawler 199.03' " 449.25
S. 35.97' of
Lot 19, Block 101 ~ 35.97' ~ 81.22
Lot 1, Block 102 aalph ~. ~elbourn 196.2" " 442.86
N. 38.8' of lot 2,
Block 102 O.D. Priest, Sr.
and Thelma A. Priest 38.8' " 87.61
Lot il, ~lock 102 A. Elizabeth Arnold 196.2' " 442.86
~. 38.8'-of Lot 12
Block 102 " 38.8' " 87.61
S. 35.97' of Lot 13,
Block 109 Mary R. Love 35.97' " 81.22
Lot 14, ~lock 109 " 199.03' " 449.25
S. 13.6' of Lot 23,
Block 109 Gladys C. Howard 13.6' " 30.74
Lot 24, Block 109 First Baptist Church 43.2' " 97.54
" 25, Dl~ck 109 " 178.2' " 402.24
Lot 1, Block 110 Mabel L. Brown 196.2' " 442.86
N. 38.'~ Lot 2,
Block 110 " 38.8' " 87.61
Lot 11, Block 1~0 Eldon B. & Maurieta
G. Nichols 196.2' " 442.86
N. 38.8' of Lot 12,
Block lO1 " 38.8' " 87.61
3,056.41" $ 6,899.97
ocTOBER llTH, 1949
The Following Hesolution was presented and read in Full:
RESOLUTION NO. 742
a P~ESOLUTION OF THE CiTY COUNCIL OF THE
CITY OF DELSEY BEn,CH, FLOi{ID,~, APPROVING
TIlL REPOHT ~D ~SSESSM~NT HOLL SUBMITTED
BY THE CITY ENGINEER OF S~{ID CITY CONCERN-
ING IMP,[OV~tENT BY CONSTHUCTION OF STOP~i
DHAINS ON~S. E. FOURTH AVENUE, FROM THE
ALLEY SOUTH OF ATLANTIC AVENUE TO S. E.
FIRST STREET, AND LAST ON S. E. FIRST STREET
TO THE FEDERAL I{IGH'gAY, AND TIIE INSTALLATION
OF NINE NECESS~{Y CATCII B~SiNS IN CONJUNCTION
WITH SUCH STORM D}tAINS.
WHEREAS, the City Engineer of the City of Delray Beach,
Florida, has, in pursuance to the Charter of said City, sub-
mitted to the City Council for approval, a report of the cost and
the Assessment Roll for the construction of Storm Drains in
S. E. 4th Avenue, From the alley south of Atlantic Avenue to
S. E. First Street, and east on S. E. First Street to the Federal
Highway,
NOW, THEi[EFOI~, BE IT i{ESOLVED by the City Council of the
City of Delray Beach, Florida, as follows:
SECTiON 1: That said report and assessment roll, as
submitted by the City Engineer, be and the
same is hereby approved.
~DOPTED by the City Council of the City of Delray Beach,
Florida, this llth day of October, A. D. 1949.
(Signed) J. L. Saunders
President - City council
APPROVED:
(Signed) J. L. Saunders
~L~YOR
ATTEST:
(Signed) Ruth ~. ~mith
City Clerk
Upon motion of Councilman MacMillan, seconded by Councilman
Kabler, and unanimously carried, the foregoing Resolution No. 742
was passed and adopted as read.
0Cf0BEI{ 11TH, 1949
Councilman Brannon then moved that the sholders of N. E.
1st Street, from N. E. 3rd Avenue to Federal Highway be hard-
surfaced. ~ith the Hargare% Ann Store located on the corner of
3rd Avenue and 1st Street this will become a heavily traveled
thoroughfare, he claimed, and the sholders are soft sand and
dangerous, with hardly enough room For two cars to pass in the
center.
City Manager Black stated thut the street could be improved ~.
and made passable with about 3' of rock on either side.
Councilman Kabler was in favor of settin~ up a priority for
street improvements, feeling that when a street is improved it
should be improved permanently.
Councilman Brannon reminded the Council that a gentlemen's
agreement had been made that this street would be the next in
order for improvement· and asked that the City Manager be autho~
rized to take steps to get it under way.
Councilman ~(oth seconded ~r. Brannon's motion.
After discussion, Councilman Brannon amended his motion 'to
instruct the City }lanager to prepare an estimate of the cost of
gutters, curbing and hard surfacing this street complete· which ':'
waa approved by Councilman Roth, and upon roll call carried unan-
amously.
A letter From the Golf Committee· with reference to renewal
of contract with l'{alph Stewart as Greenskeeper and Golf Professional
at the Municipal Golf Course ~ for . the coming year· was read as
follows:
~0ctober 10, 1949
City Council
Delray Beach· Fla.
Gentlemen:
At their recent meeting, the Delray Beach Golf Committee
w, ted to renew the contract of l{~lph Stewart, greenskeeper and
golf professional of the Delray Beach Country Club.
Ye recommend that the City draw up a contract for the period
of October l, 1949, to October 1· 1950, on essentially the same
basis as that of 1949; that is, with a salary of ~ 200.00 per
month,-plus proceeds from specified concessions, and a 30-day
notice in case of termination of the contract.
Since an l$-hole course means added responsibilities for the
greenskeeper in overseeing the course, managing additional labor,
checking increased number of players· etc., we recommend that a
clause be included in the contract stipulating that the salary of
the pro-greenskeeper will be increased to $300.00 per month at
such time as the contract For the new 9 holes is completed and
turned over to the city.
The committee trusts that the above recommendations will meet
with the approval o£ Council
Respectfully,
(Si..~ned) Hike L. Blank
Chal rman ·
Delray Beach Golf Committee
ocToBER llTH, 1949
It was the consensus of opinion of the Council that Hr. Stewart
would have increased concession sales with the completion of the
additional 9 holes, and they saw no need for increasing his s~lary.
A motion was then made by Councilman Brannon, seconded by
Councilman kabler, and unanimously carried that a contract for the
new fiscal year be drawn as submitted, for the period 10/1/49-
9/30/50 with substantially the same concession nrivileges, and the
same salary of ~ 200.00 per month.
A letter from tile Secretary of the Golf Committee, was then read:
"October 10, 1949
City Council
Delray Beach, Fla.
Gentlemen:
For his tireless effort and outstand.ing work on the construction
of the new nine holes of golf for tile Delray Beach Country Club, the
members of the Golf Committee would like to recommend theft their
chairman, Mike Blank, be given a life membership in the Club.
We suggest that the two-year membership fee which Mr. Blank has
paid in advance, be refunded to him.
Hoping that Council will act favorably on the a~ve, I am
Yours very truly,
(Signed) Marie P. Nieder
Secretary,
Delray Beach Golf Committee"
A motion was made by Councilman ~ac~illan, seconded by Council-
m~n Kabler, that this recommendation of the Golf Committee be approved
and upon call of roll the motion carried unanimously.
Another letter signed by Mike Blank, as Chairman of the Golf
Committee, was read as follows:
"October 15, 1949
City Council
Delray Beach,
Gentlemen:
As a courtesy to several outstanding golf professionals who
reside in this community, t~e Golf Committee would like to recommend
that the following be given life memberships in the Delray Beach
Country Club:
OCTOBER llTH, 1949
Dick Wilson - One of the outstanding golf architects in
the world tod~y, and the architect of the
Delray Beach Course.
Tony Penna - Internationally known designer of golf clubs.
Tonm:y Armour- Famous golfer, now professional at the Boca
tlaton Club.
Bobby Cruikshank - also a famous golfer, now professional at the Gulf Stream Club.
All are members in good standing with the Professional Golfers'
Association.
We trust that the above recommendation will meet with your
approval.
Respectfully,
(Signed) Mike L. Blank
Mik~ Ola'n'k, Chairman
Delray Beach Golf Committee"
Upon motion of Councilman Brannon, seconded by Councilman
Roth, and unanimously carried, this letter was tabled for future
consideration.
The following letter from Lonnie W. Cook pertaining to an
examination for an Electrical Contractor's license which he had
taken on June 18th, was read as follows:
"October 10, 1949
Honorable Mayor & Council
City of Delray Beach
Delray Beach, Fla.
Gentlemen:
I hereby make request to your honorable body, for an electrical
license to supervise electrical work done by the Delray Gas &
Electric Co., Inc. by whom I am employed.
My qualifications for this request are based on information con-
rained in my file in the Electrical Inspectors Office, and the
results of my oral and written tests given by the ~lectrical Board
on June 18, 1949.
My statement of service and recomnendations were submitted in eom-
pliance with the proceedings of a meeting of your honorable body,
just prior to the giving of these tests, It was my understanding
that they were to be used as a matter oC standard proceedure in
determining the overall qualifications, and balancin~ the final
grade of the applicant, between his past services and the local tests.
OCTGB~R llTH, 1949
If you will read my statement of service, you will see that my
experience has varied considerably and I would not normals, prove
as familiar in a memory test, on any particular line of service,
as one who is now employed in that line.
My records will further show that I have been a successful Electrician,
Contractor and ~lectrical Inspector, in the City of Delray Beach over
a period of 24 years.
Respectfully requested
(Signed) Lonnie W. Cook
Lon~ie W. Cook"
After consideration by the Council, a motion was m:~de by Council-
man Brannon that a joint hearing of the City Council, the Electrical
Examining Board, and Mr. Cook be held at 7:30 p. m. on October 18th,
to consider ~eappeal of Mr. Cook on the grading of his examination,
The motion was seconded by Councilman MacMillan, and upon call of roll
carried unanimously.
A letter from Mr. E. L. ~vensen, Secretary-Manager of the
Chamber of Commerce, together with the estimated cost of their
advertising program for year 1949-1950, was filed for the apnroval
of the Council, and read as follows:
(October 10, 1949
Mr. C. E. Black
City Manager
Delray Beach
Florida
Dear ~r. Black:
In accordance with your recent letter in which you outline
procedure to be followed in obtaining approval of advertising
expenditures, we are attaching hereto a schedule of our ~roposed
expenditures for the next year, ~lus a schedule of commitments
already made, in order to meet publication de~d-lines.
We request that both these schedules be approved by the City
Council, up to the amount which the City has ap~roprimted for
advertising purposes.
Respectfully submitted,
DEIAIAY BEACtl CHAMBER OF CO~IERCE
(Signed) E. L. Evensen
E. L. Evensen, Secretary-Manager"
ELE:A
Att'~
OCTOBER llTH, 1949
Expenditures for Advertising - To October 8, 1949
(Invoices Attached)
Delray Beach Chamber of Commerce
Photos for brochure (Other bill to come) $ 9.25 (Refund to Chamber)
Printing-brochure envelope, letter, reprints 133.85 (Refund to Chamber)
Printing -additional letters 13.00 (Payable to Printer)
Mailing list compilation (clerical) 24.75 (Refund to Chamber)
Mailing list and clerical 78.25 (Refund to Chamber)
Brochure and advertising art and layout costs
2,322.26 (Payable to A~ency)
Magazine space cost 914.85 (Payable to Azency)
TOTAL $3,496.21
ADVEI{TISING P~0GI[AH - 1949 - 1950 (ESTI}~TES)
DELKAY B~ACH CHAMBEI{ OF C0}~IERCE
RECAPITULATION OF ESTDIATES
Brochure Cost $ 2,225.00
Direct-Mail 1,310.00
Newspaper-Display Advertising 2,517.00
Mechanical, Art & Production Costs 1,000.00
Newspaper Classified Advertising 506.80
Magazine-Display Advertising 2t520.50
~10,079.30 --~
ANALYSIS
Brochure (15,000 quantity)
Art Work and Layout Costs $ 130.00
Service Fee 125.00
Printing Cost 1,850.00
Alterations & Changes 100.00
Photos 20.00
Total Estimated Cost 2,225.00
Direct-Mail Program ·
Envelopes for Brochure 180.00
Letter Enclosures 52.00
Air-Boat Fishing f{eprint Enclosure 78.00
Preparation of Mailing Lists 150.00
Clerical Help, Addressing, Etc. 200.00
Postage for Brochure 150.00
Postage for Inquiry Replies 200.00
Mimeographing & Paper Costs(Inquiry
~{eplies) 300.00
TOtal Estimated Cost 1,310.00
Newspaper-Display Advertising (Space 0nly-Including i{ate-Holders)
N. Y. Herald-Tribune 514.80
Chicago Tribune 663.00
Washington (D. C.) Post 199.20
OCTOB~ llTtI, 1949
Philadelphia Inquirer $460.00
Cleveland Plain Dealer 276.00
Westchester, N. Y. Group 404.00
Total Estimated Cost ~ 2,517.00
Newspaper Mechanical Art & Production ~xpense 1,000.00
Newspaper-Classified Advertising (Sundays)
Minneapolis Tribune 28.00
Cleveland Plain Dealer 16.80
Milwaukee Journal 15.40
Cincinnati Enquirer 13.44
Detroit News 23.52
N. Y. Herald Tribune 32.20
Boston Herald 14.00
N. Y. Times 36.40
Columbus (Ohio) Dispatch 11.76
Philadelphia Inquirer 29.40
Louisville Courier-Journal 18.40
St. Louis Globe-Democrat 17.08
Cost for One Insertion 253.40
Two Insertions Planned - Total Cost 506.80
Magazine-Display Advertising
F~eld & Stream (November & December) ?59.70
N.Y.Times Magazine (October & Nov.) 530.00
New Yorker (October & November) 695.80
Holiday (December) 535.00
Total Estimated Cost ~ M,520.~0"
Upon motion of Councilman Brannon, seconded by Councilman Roth,
and unanimously carried, the Council approved the advertising
program for the current year, as outlined by the Chamber of Commerce.
City Manager Black then advised the Council that he had asked
for bids from Auditors in this area ~,to make the annual audit of the
City Books, but h~d received only one reply, from Hines & Hines, of
West Palm Beach, as follows:
"October 8, 1949
City Clerk
Delray Beach, Florida
Dear Sir:
In reply to your request for a bid on an audit of the books of the
City of Oelray Beach for the period begun October 1, 1948 and ended
September 30, 1949, we submit herewith a schedule of our charges for
such an audit:
OCTOBER llTIl, 1949
CertiFied Public Accountant - $ 35.00 per day
Senior Accountant - 25.00 " "
Junior Accountant - 20.00 " "
We estimate t~t the cost of the above audit would be approximately
$1,200.00, but this amount should not be construed as either a
maximum or minimum limitation on such cost but is merely offered
for your information.
Respectfully submitted,
(Signed) Hines & Hines
Certifked Public Accountants"
A motion was then made by Councilman Kabler, seconded by
Councilman Brannon, that the firm of Frederick Dunn-l{ankin & Co.
of Miami, ~o have audited the City books for the past three years,
be reemployed, and upon call o£ roll the motion carried, Council-
man Brannon~ Kabler, l{oth and Mayor Saunders voting in favor of
the motion, and Councilman MacMillan opposing.
Request for permit to erect an awning at the Beach Shack on
south Ocean Boulevard, which would extend over the steps and a
portion of the sidewalk, within 4' 6" from the curb was tabled, upon
motion of Councilman Drannon, seconded by Councilman Kabler, and
unanimously carried .....
City Manager Black asked authorization of the Council to
advertise for bids on new equipment as set up in the current budget.
01d equipment which would be replaced, could then be put ,~p for
sale, consisting of One Four door 1948 Pontiac ~edan, Two Chevrolet
1941 Pick-Up Trucks, One Chevrolet 1~ Ton Dump Truck (1939), One
1938 Ford Stake body Oump Truck.
Councilman MacMillan recommended that the motorcycle be sold
as well as the above equipment, he felt it was a definite hazard.
The majority of the Councilmen, however, felt that .as the
motorcycle is in good condition, and would have to b~ replaced with
other equipment, it should be kept, as it is useful in getting in
small places and in emergencies.
A motion was then made by Councilman Brannon that the City
Manager be authorized to advertise for bids for replacement of
motor equipment set up in the 1949-1950 budget, including radio
equipment for a Police car if one is purchased. The motion was
seconded by Councilman Kabler, and upon call of roll carried unan-
amiously.
City Manager Black explained that all radio equipment will have
to be changed July 1950, and it wou~d be best to put new equipment
on a new car when purchased, and suggested that he be authorized to
advertise for radio equipment by the unit as needed.
Councilman MacMillan then moved that the motorcycle used in
the Police Department be sold. There was no second to the motion.
A motion was then made by Councilman aoth, seconded.by Council-
man Brannon that the City Manager and Chief of Police report at the
next meeting as to the usefulness o£ the motorcycle. Upon call of
roll the motion carried unanimously.
OCTOBER llTtI, 1949
The following letter signed by Geo. J. Pinckney, Plumbing
Inspector, was read:
"October 11, 1949
Members of the City CounCil
Delray Beach
F1 ori da
Gentlemen:
In accordance with the provisions o£ the Plumbing Code, a
Master Plumber's examination was given on October 1, 1949, to
Clarence Coston and Charles W. Clark, both of whom successfully
passed the examina%ion.
The Plumbing Board recommends that the issuance oC Plumbing
Contractors license be approved for these two applicants.
Respectfully yours,
(Signed) Geo. J. Pinckney
George J. Pinckney
Plumbing Inspector"
Upon motion of Councilman MacMillan, seconded by Councilman
Kabler, and u~animously carried, the recommendation of the Plumbing
Inspector was approved.
The following letter from the Delray Beach Property Owners
Protective Association, Inc. was then read;
"October 11, 1949
The ttonorable Mayor and Council,
City of Del ray Beach
Delray Beach, Fla.
Gentlemen:
At a meeting of the Directors of the Property Owners Association
last Wednesday night the proposed City Charter was discussed and
studiedo It was felt that there might be some confusion if the
public ~ere asked to vote on the proposed Charter, on Civil Service
and the Pension Plan in one election.
If the election date has not been set by council action would
you consider two elections on these important issues?
Yours very truly,
(Signed) M. M. DeWitt
M. Pi. DeWi't't Pres.
Property Owners Protective Assn."
OC~01~EI{ 11TIt, 1949
Councilman MacMillan was in favor of a separate election,
preferably some time in January, to vote on the Civil Service
and Pension ~cts.
At the suggestion of the City Attorney, a motion was made
by Councilman Brannon, and seconded by Councilman Roth, that the
new City ~harter be voted on at the Primary election in November,
and the Civil Service and Pension Acts be voted on at the General
Electidn in December. Upon call of roll the motion carried,
Mayor Saunders, and Councilmen Brannon and Hoth voting in favor
of the motion, and Councilmen Kabler and MacMillan voting against
the motion.
Councilman Kabler explained that he too felt that the Civil
Service and Pension Acts should be voted on at a separate election.
An application for license to sell beer and wine, at 132 S. ~'.
5th Avenue, filed by Willie Davis, the business to be operated as
Central Grocery, was approved subject to verification of distance
from a church or school.
Upon motion of Councilman Brannon, seconded by Councilman
MacMillan, and unanimously carried, bills totaling $ 27,663.13
were approved for payment, subject to approval of the Finance
Committee.
Lee Monroe, a colored citizen, appeared before the Council,
again stressing the need for street lights in the colored section,
and also stop si.~ns on N. ;~. 6th ~ve., which has recently been
paved, to slow down traffic.
A motion was made by Councilman Brannon that his Committee
work with the City Manager and submit a list of the location where
street lights are needed, as well as stop signs, and also that the
City Manager be instructed to have lights already installed turned
on immediately. The n~otion was sec.,,nded by Councilman MacMillan,
and upon call of roll carried unanimously.
Councilman MacMillan reported that he had been informed b.v the
Division Engineer of'the State Hoad Departn, ent, in Ft. Lauderdale,
that the widening and resurfacing of U. S. Highway No. 1 was in-
cluded in their 1950 budget. He stated that a4ditional right-of-
way was needed, although the present 38' would leave four lanes
of traffic if off-street parking could be provided. He asked
permission for the City Ma. nager and himself to contact the Division
Engineer in Ft. Lauderdale to go over the project witI~ him.
Upon motion of Councilman Brannon, seconded by Councilman
Kabler, and unanimously carried, Councilman MacMillan and City
Manager Black were a~thorized to go to Ft. Lauderdale, representing
the City of Delray Beach, to contact the Division Engineer of the
State l{oad Departn~ent with reference to the resurfacing of U. S.
Highway No. 1.
The following Ordinance was then brought up as an, emergency
measure:
OCTOBER liT}t, 1949
"0RDIN.'kNCE NO. G-84
AN EIqERGbSNCY 0RI)INA:'~CE 0F TtiE CITY COUNCIL OF TIlE CITY t)F DELl-LAY
B~'ACH, ]:'ikLlq BEACI] COUNTY, FL0;iIDA, LEVYING 2CqD IlqPOSING AN EXCISE
OR P,ilVILEG'5; TAX UF~ON THE S~LE, RECI~IPT, PURCHASE, POSSESSION,
CONSLr~IPTION, tlANDLING, DISTRIBUTION AND USE OF CIGARETTES IN TIlE
CITY OF DELiIAY BEACIt; PROVII)iNG FOil TIlE METHOD OF COLLECTION;
PROVIDING FOR THE EXPENDITURE OF TtlE FUNDS DERIVED THERLFROH; P[{0-
VIDING FOR TIlL EFFECTIVE D~tTE THEREOF; AND REPEALING ORDINANCE NO.
G-58 ~ND ORDINANCE NO. G-60, AND ALL ORDINANCES AND PARTS OF 0RD-
IN,d~CES IN CONFLICT HEREh~ITII.
~HERE~S, an emergency exists in the City of Delray Beach,
County of Palm Beach~ Florida, because said Huniclpality is with-
out sufficient tax income to properly carry out and perform the
various duties imposed upon it, including but not limited to the
duties of maintaining roads and streets and the preservation of
public health, welfare and safety and property.
NO~', THEI~FORE,
BE IT 0ilDAJNED by the City Council of the City of Delray
Beach, Florida, as follows:
Section 1: That an excise or privilege tax in addition to all
other taxes of every kind imposed by 1~' is hereby levied and imposed
upon the sale, receipt, purchase, posses?ion, consumption, handling,
distribution and use of cigarettes in the territorial limits of the
City of Delray Beach, for cigarettes of standard dimensions as defined
by the General law of the State of Florida, in the following amounts:
1. (a) Upon all cigarettes, three and one half inches
long or less, two and five-tenths (2-5/10) mills
on each cigarette;
(b) Upon all cigarettes, between three and one-half
and six inches long, Five (5) mills on e.nah
cigarette; and
(c) :,Upon all cigarettes six inches long or lonffer,
ten (10) mills on each cigarette.
2. The description of cigarettes contained in subsection omof
this section is hereby declared to be standard as to dimensions For
taxing purposes as provided in this Ordinance and should any cigarette
be received, purchased, possessed, sold, offered for sale, given away
or used of a size other than of standard dimensi, ons, the same shall be
taxed at the rate of one (1) cent on each such cigarette.
3. Where cigarettes, as described in subsection (1) (a) above,
are packed in varying quantities of twenty cigarettes or less,the
following rates shall govern:
(a) Packages containing ten cigarettes or less renuire a
two and f~ive-tenths (2 5/10) cent tax; and
(b) Package containing more than ten but not more than
twenty cigarettes require a Five (5) cent tax.
OCTOBEH llTIt, 1949
4. Where cigarettes, as described in subsection (1) (b)
above, are packed in varying quantities of twenty cigarettes or
less, the following rates shall govern:
(a) Package containing ten cigarettes or less re-
quire a five (5) cent tax; ~,nd
(b) Packages containing more than ten but not more
than twenty cigarettes req,,ire a ten (10) cent
tax.
5. Where cigarettes, as described in subsection (1) (c)
above, are packed in varying quantities of twenty cigarettes or
less, the following rates shall 'govern:
(a) Packages containing ten cigarettes or less re-
guire a ten (10) cent tax; and
(b) Packages containing more than ten but not more
than twenty cigarettes require a twenty (20) cent
tax.
Section II. The tax levied and imposed herein shall be
collected by the Beverage Department of the State of Florida in
the manner prescribed in Senate Bill i$-X as sdopted by the 1949
Extra ordinary session of the Legislature of the State of Florida
Section III. That all funds received by the City of
Delray Beach, by virtue of this ordinance shall be paid into a
separate fund to be designated "CIGARETTE TAX FUND" and shall be
appropriated and expended by the City Council for the following
purposes only:
For the future cost, purchase, building, designing,
engineering, planning, repairing, recnnditioning, altering, exnand-
ing, maintaining, servicing and otherwise operating any of the ~
following:
Streets, bridges, storm sewers, curbs, drains, gutters,
water supplies, sanitary facilities and services fo~ the preservation,
protection or improvement of the public health and safety, including
hospitals, fire stations and fire fighting equipment, sanitary sewers,
sewage disposal systems, sewerage disposal plants and facilities,
garbage and refuse collection and disposal services, facilities
and equipment, incinerators and other facilities and services, in-
cludin.~ street cleaning, inspections and services for the protection
of public health including the er~orcement of ordinances designed to
maintain safe health standards with respect to Foods, mosquito, in-
sect and rodent eradication and control, and the removal and abat-
ement of muis[~nces which ~ay/~ constitute dangers to public health
and the exercise of controls for public safety, facilities for the
prevention of beach erosion, the enforcement of the laws of the
State of Florida, and municipal ordinances with respect to public
travel, health and safety, and such other state functions which are,.
performed by municipal governments within their boundaries,, and are_
or otherwise provided by the terms and 'provisions of Senate Bill 18-N, 1949, Extraordinary Session of the .Legislature of the State of Florida.
:'.,otherwise performed by the state ~ county governmentsoutside of the
limits of incorporated municipalities
/
0CToBEi{ llTII, 1949
Section IV. That Ordinance No. G-58 and Ordinance No, G-GO
and all other ordinances of parts of ordinances in conflict herewith
be and the same are hereby repealed.
Section V. This ordinance shall become effective on the
1st day ~F November, A. D. 1949.
Passed in regular session on this the llth day of October,
A, D, 1949.
(Signed) J. L. Saunders
P're~i'd~ht, City 'Co,,nci"l'
AT T~S T: ~PP~[OVED:
(Signed) Ruth R. Smith (Signed) J. L. Saunders
Ci~y Cler~ Mayor
SEAL"
Upon motion of Councilman ~rannon, seconded by Councilman
Saunders, and unanimously carried, the foregoing Ordinance No. G-S4
was passed and adopted as read.
The following Ordinance was then brought up For 2nd and final
reading and same was read in full:
Oi{DINaNCE NO. G-85
AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF DEL}.~Y BEACH,
FLOi~IDA, ~IENDING SECTION 1, OF O}{DINANCE ~MBEtl 6-41 OF
S,~ID .CITY, PEi{TAINING TO THE DESIGNATED ~M[EA IN TItE CITY OF
DELi(AY BEACH, FLO~tIDA, IN ~IIICH INTOXICATING LIQUORS ~IAY BE
SOLD BY EXE}[PTING NaTION,~LLY OHGANIZED AND RECOGNIZED CIVIC,
BENEVOLENT ~J~D F~TEHNAL ORG,~NIZATIONS.
Bk iT Oi[DAINED BY TII~ CITY CO~INC.1L OF Till CITY OF DELIiAY
.B~ACH, FLO~tlDA, as follows:
SECTION 1: That Section 1 of Or. dinance No. G-41 of the
City of Delray Beach, Florida, be and the
same is hereby amended as follows:
By substituting a semi-colon for a period at the end of said
Section 1, and by adding the following words "Providing, however,
that the foregoing shall not apply to any actual bona-fide nationally
organized and recognized Civic, Benevolent or Fraternal organization."
PASSED in regular Session on Second and final reading on this
the llth day of October llth, A. D., 1949.
(SignedO J. L. Saunders
P~esident - C'ity Council
ATTEST: ~PP ROVED:
(Signed) Ruth R. Smith (.qigned) J. L. Saunders
City C1 erk ~kYRO
S~'~L"
OCTO~,tfl{ llTH, 1949
Upon motion of Councilman HacHillan, seconded by Councilman
Roth, and unanimously carried, the foregoing Ordinance No. 6-85
was passed and adopted as read.
An Ordinance to amend the Building Code with reference to
concrete block and other masonry construction, was brought up
f'or first reading, and read in full as follows:
"AN OtIDINANCE OF TIlE CITY COUNCIL OF TIlL CITY OF DELIlAY
BEACH, FLORIDA, PRESCi{IBING SPECIFIC.4TiONS FOIl CONCRETE
BLOCK .4ND OTHER /qASONRY CONSTRUCTION IN TIlE CITY OF
DELRAY BI'ACH, FLORID.4 PROVIDING SEVEiL~BILITY CLAUSE AND
PI{OVIDING FOil .4 PENALTY FOR THE VIOLATION THEI{EOF."
A motion was made by Councilman Brannon, seconded by
Councilman HacHillan that the foregoing Ordinance be placed on
first reading. Upon call of roll the motion carried unanimously.
The meeting then adjourned.
City Clerk
APPROVED:
~L~YOR