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10-12-48 OCTOBER 1~, 1948 A Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers with Mayor L. H. Brannon in the Chair, City Manager Chas. E. Black, City Attorney John ~Aoore, and the following Councilmen present: John Kabler, M. M. DeWitt, Neil MacMillan, and C.J. White, a quorum being present. The following ordinance was read: ORDINANCE NO. 6_~0 AN ORDINARUE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLCRIDA, AMENDING SUB SECTION (f) OF SECTION 1, OF ORDINANCE NO. G-58, OF THE CITY OF DELRAY BEACH, FLORIDA, PERTAINING TO LEVYING AND IMPOSING AN EXCISE TAX ON EVERY SALE AT RETAIL 0 F ANY TOBACCO PRODUCT AND DEFINING "TOBACCO PRODUCT". BE IT, AND IT IS HEREBY ORDAINED by the City Council of the City of Delray Beach, Florida~ SECTION 1. That Sub Section (f) of Section 1, of Ordinance No. G-58, of the City of Delray Beach, Florida, be, and the same is hereby amended to read as follows: "(f) The words "Tobacco Products" shall mean and include cigarettes c~ly". SECTION 2. That in all other respects, that said Ordinance No. G-58 shall remain unchanged. SECTION 3. This isan emergency ordinance and shall become effective No~ember 1, 1948. PASSED in Regular Session on first and final reading on this the twelfth day of October A.D., 1948. p/~/e L.H. Brannon sldent, City Council APPROVED: /s/ L.H. Brannon Mayor ATTEST: Is~ ~uth R City Clerk SEAL Upon motion of Councilman Kabler, seconded by Councilman DeWitt and unanimously carried, the ordimance was adopted as read, to become effective No~ember 1, 1948. OCTOBER 12, 1948 The City Manager was authorized to purchase 500,000 stamps @ 95~ per thousand, to be sold to distributors. Mrs. Evelyn Barron's request for a building permit to construct a grocery store on Lot 15, Block 107, was approved subject ~o filing of required plot plau. The City Manager was instructed to advertise for bids for the supervision of Swi~mning Pool Improvements, as soon as complete plans ~re submitted by Smith & Gillespie, Engineers. A motion was made by Councilman DeWitt, seconded by Councilman Kabler and unanimously carri ed. The City Manager was also instructed to obtain estimates of the cost of a new fenace around the s~Amming pool before the next Council see ting. Contract was awarded to Grover Baker, low bidder, for con- struction of sidewalk and c~b on South Ocean Boulevard. Motion was made by Councilman De,itt, seconded by Councilman Kabler and unanimously carrie~ to purchase a tapping machine from Mueller Company, low bidder. Boynton Equipment Company was awarded a contract for one tractor, being the only bidder. Motion was made by Councilman DeWitt, seconded by Councilman Kabler and unanimously carried. The City Manager was authorized to instruct Florida Power and Light Company to install a street light at the corner of NW 1st Avenue and 7th Street. The City Attorney was instructed to prepare an amendment to the City occupational license ordinance to provide for the payment of one-half the annual license fee for businesses opening after April 1st, the personal property bond to be collected on the full yearly fee. Motion was made by Councilman DeWitt, seconded by Councilman Kabler and unanimoosly carried. The Cour~il requested the City Manager investigate the pro- perty at 218 SE 5th Avenue owned by Lena Penny to determine if a porte-cochere could be constructed in different location and com- ply with zoning ordinance. The Council accepted an offer of Lots i thru 6, Block 51, from Hugh MacMillan to purchase for $466.63 and cancellation of Nnpaid taxes and assessments, subject to the approval of deed by the City Attorney. The City Manager was instructed to open the existing ditch in the colored section frc~ Germantown Road north to drain flooded area, and also to make a survey of the section to determine what roads could be opened and raised to relieve the condition in the future. OCTOBER 12, 1948 The City Attorney was asked to check the legality of laying pipe lines and furnishing water to the new school building north of the City, financed by the School Board and repaid by the use of water at the school. The Chief of Police was asked to make an announcement in the High SchOol that speed limits of motorcycles, scooters and auto- mobiles willbe enforced in the City. The following ordinance was read: ORDINANCE NO. G-61 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION 16 OF CHAPTER XX pER- TAINING TO ZONING AND THE OPERATION OF AUTOMOBILE TRAIE~ERS OR HOUSE-CARS AS DEFINED BY THE ZONING (~DINANCES OF THE CITY OF DELRAY BEACH, FLORIDA. BE IT ORDAINED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That section 16 of chapter XX of the Zoning Code of this city be and the same is hereby amended to read as follows: ?~ection 16: No automobile trailer or house car as defined by the zoning ordinance of the City of Delray Beach, Florida, shall hereafter be used as living quarters. No automobile trailer or house car shall be kept within the city limits of the City of Delray Beach, Florida, for more than two hours unless such automobile trailer or house car is kept in an enclosed garage, or unless such automobile trailer or house car iA detained; ~e~a~me~o£ circumstances beyond the control of the operator; and further provided that no automobile trailer or house car shall be kept or parked on Ocean Boulevard of said City from the south city limits to the north city limits for more than thirty minutes unless eue~ automobile trailer or house car is kept or parked there due to circumstances beyond the control of the operator." PASSED in regular session on second and final reading on this the 12th day of 0ctober A.D., 1948. /s/ L.H. Brannon Pre sidentCity Council APPROVED: /s/ L.H. Brannon AT ~ST: Mayor /s/ Ruth R Smith City Clerk Upon motion of Councilman DeWitt, seconded by Councilman MacMillan and unanimously carried, the ordinance was adopted as read. OCTOBER 12, 1 948 T~e following ordinar~e ~s then read: ORDINANCE NO. (;-62 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING PARAGRAPH (a), SECTION 51, ARTICLE 5 of CHAPTER XVII, AND FURTHER AMENDING SECTION 86 OF ARTICLE 8 OF CHAPTER XVII, PERTAININ~ TO THE OPERATION OF MOTOR VEHI C~E S. BE IT ORDAINED by the City Council~ of the City of Delray Beach, as follows: SECTION 1. That parag?aph (a) of Section 51 of Article 5 of Chapter XVII be and the same is hereby amended to read as follows: "No vehicle shall be operated upon the streets of Delray Beach, Florida, between one-~alf hour after sunset and one-half hour before sun~ise unless said vehicle is equipped with two effective head- lights (except bicycle) and one effective red tail light, but glar- ing headlights not depressed or controlled in such manner as to ~void blinding Sf the drive of an approaching vehicle are unlawful; provided, ~wever, that two-wheeled motor vehicles shall be equipped with one effective headlight and one effective red tail light as above provided." SECTION 2. That Section 86 of Article 8 of Chapter XVII be and the same is hereby amended to read as follows: "No person~hall operate any motor vehicle upon the streets or other public thoroughfares of the City of Delray Beach, Florida, unless such person shall be duly licensed by the State of Florida or by some other state, district or county to operate such motor vehicle and unless such person has in his or her possession an unexpired and uncancelled driver's license issued by the State of Florida or such other state, district or county granting to such person the privilege of operating a motor vehicle. This section shall not apply to the following: "1. An operator in the arraN, navy, or marine corps of the United States of America while driving an official car. "2. An operator of any road machine, farm tractor or machine temporarily operated or moved on the thoroughfares of this city. "3. A non-resident of the State of Florida who is a resident of a state which does not require a driver's license for the opera- tion of motor vehicles in said state and whose motor vehicle is registered in and licensed by said state. "4- That no person under the age of twelve years shall operate any two or three-wheeled motor vehicle or other motor vehicle as defined by this ordinance upon the streets or ether public thoroughfares of the City of Delray Beach, Florida; and OCTOBER 12, 1948 further provided that anymue above the age of twelve years who operates a two or three-wheeled vehicle upon the streets or other public thoroughfares of this city, unless such person shall be duly licensed by the State of Florida or by sure oth~ state, district or county to operate such motor vehicle and unless such person has in his or her possession an unexpired and uncancelled driver's license issued by the State of Florida or such other state, district or country, granting to such person the privilege of operating a motor vehicle, shall apply to and receive fr~m the Police. Department of the City of Delray Beach, Florida, a license to operate such two or three-wheel vehicles." PASSED in regular session on second and final reading on this the 12th day of October, A.D. 1948. /s/ L.H. Brannon President, City Council AFPROVED: /s/ L.H. Branr~n ATTEST: Mayor cs/ Ruth R Smith ity Clerk Upon motion of Councilman Kabler, seconded by Councilman DeWitt and unanimously carried, the above ordinance was adopted as read, No ~ction was taken on recommendation of Mayor Brannon that laundries and d~y cleaning plants be located in Industrial Zones. A motion w~s made by Councilman De'itt, seconded by Council- man Kabler and unanimously carried authorizing the City Manager to advertise for bids on two automobiles for th~ Police Department the bids to be received on October 18, 1948. The City Manager was also authorized to construct a permanent man-hole cover in the alley east of Turner property on North Federal Highway between 1st and 2nd Streets. The meeting then adjourned. APPROVED: '- ' ATTEST: ~ city c er " ' (Taken from notes of City Clerk)