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)