06-03-41 Special
1722
COUNCil. CHAIABER
;rune 3, 1941.
The Council met in special session at 7:30 P. M.,
on call of the Mayor, with "the City Attorney and all members of
the Council present.
The Mayor announced the meeting had been called princi-
pally for the purpose of discussing pending ordinances and taking
whatever action was deemed necessary on same.
,
The first of these ordinances, having al ready been passed
on its first reading was No. 391, regulating the practice of
photography, in town. The members expressed thernsel ves as un-
favorable to certain features o:f the ordinance, particularly in
regard to the license fees set forth therein. Mr. ;racobs said
he objected to the restriction of business by exhorbitant
licenses and Councilman Miller sflid if the City lEssed these
regulations governing the practice of photography, he saw no
reason why they should not apply al ike to all bus:iDe sses. He
did not think such a prece(lent should be established. Mr. Miller
also objected to the bani requirement clause, but later withdrew
his objection to this, agreeing that it v.ould be a protection
to the Public, whereas the higj:J. license rrerely constituted a
prohibitive fee for the benefit of "the local photogr~hers only.
After a thorough discussion of the proposed ordinance, the City
Attorney, by instruction of the Council, agreed to re-draw the
ordinanc€ so as to cover the practice of photography by transients
as well as locally established concerns, setting the license for
the former at $50.00 per year and the latter at $15.00.
Ordinance 392, regulating the solici tatitQn of orders, ani
the peddling and hawking of goods, was then submitted for pass-
age on second reading. Certain provisions of this ordinance
were also deemed ob je ctionable and unenforceable. H01Mever,
Councilman Sabath and others favored the passage of some legis-
lation regulating peddling ani soliciting by agents of companies
exempt from city license under inter-state commerce laws, and
requiring license :for such soliciting where the company repre-
sent ed is an intra-stat e concern.
The following letter was s.ubmitted and read to the Council:
TO THE MAYOR AND ALDERMEN OF THE
CrTY OF DELRAY BEACH
IN COMllON COONCn. ASSUmLED:
Gentlerren:
We, the color ed citizens of Delray Beach,
represented through our local civic organization
1723
;rune 3, 1941.
(Negro Civic League), do hmooly petition your
honorable body to grant us the improvements
herein stipulat ed whic h will grea tl y accommodat e
all o:f the citizens and tax payers of this city:
1- To rock 4th Ave. from Atlantic Avenue
to 4th Street N. IT.
2- To vliden First Street fron Third Avenue
to Fifth Avenue and rock same to Seventh
Avenue thence to Atlantic Ave.
3- To widen Third Avenue from Atlantic Avenue
to Second Street N. W.
4 -To install street light at oorner of Second
Street and Sixth Avenue N. W.
5- To burn a block of land situated on N. W.
Second Street and Fifth Avenue.
Respe ctfully yoors,
Delray Beach Civ ic League
L. L. Youngblocd, President
George Taylor, Secretary
P. S.: They al so agreed to hol p with any labor they oould.
.
It was moved by Mr. Hill that the communication be referred
to the StrEet Conmittee :for investigation am report back to the
Council. Mr. Sabath seconded the rrotion vlhich carried unanimous-
ly on roll call.
Councilman Sabath reported that Anderson Collier had com-
plained of the fire hazard e xis ting a rouni his hqme in Rice Addi-
tion, \\ft1ich was located a coreiderable distance from a paved
street, far removed from any fire hydrant, ani surrounded by a
dense gro\nh of trees and scrub. Mr. Sinks reported that com-
plaint had been received about this same condit ion existing West
of Lake View Heights, which was conSidered dangerous by residents
in this subdivision.
In regard to propos ed c l:Er ter changes the city Attorney
reported haVing forwarded bills to Tallahassee on all recommended
changes with the exception of the one providing for the creation
of a permanent Planning Board. He said the advertising has just
1724
-,
. ;rune 3, 1941.
been completed on the latter, and he doubted, even with the
greatest expedition, the bill could be rushed thro1.\gh to the
Legislature, before adjournment. He stated, further, that it
was his opinion, from investigat ion he had ma c1e, tha t one point
in the proposed PlanniJl!: 'Bil'l was impracticable, and that was
the imposition of planning restriDtioIl3 on territory outside the
municipality, since the City would have no way of enforcing such
restrictiore on an area outsid e its 'jurisdiction.
Counc il.man ;racobs regretted tta t the other bill on proposed!'j
charter changes had been sent to the Legislature, without final ,'~.
approval of tho Council, stating that he objected strongly to '.
the provision requiring a canclidate for councilman to be an j~
owner of' real estate. He sai he considered a man in business ,
in town, even though not a~pp.gperty owner, te he.se more logioal' \
candidate for office thflll a small owner of real estate.
It was moved by Mr. Mille r that Howard CroIrer be author-
ized to have the City's Berger Ie vel No. 24952 repaired, at an
estimated oost of $23.00. Mr. Sabath seconied the liDtion, which
carried unanimously on roll calL
Mr. Cromer repor ted tha t tIE City's trans it pos s ibly needed
repairs too and recomrre nded tha t this be sent off for inspe ct ion,
as soon as the level is returned.
The following bid for digging ani hauling of rook from the
City's pit, to various jcbs contanplated by the City, was sub-'-
mitterl anc read:
Honorable Mayor and City Counc 11,
Delray Beach, Florida.
Gen tle men:
,
I am willing to give the City a price of Five
HUndred Dollars ($500.00) for dig ging ore thous and
cubic yards of ro ck a t the Ci ty ro ck p:lLt west of'
Delray Beach. Any additional rock Iwill dig at
Fifty Cents (501t) p6rcubic yard. I will also leave
my machine on the property for not less thanf.ive days
to load any trucks for hauling to any job, at a cost
of Ten Cents (101t) per cubic yard, in addit ion to the
aforesaid price.
\.
Very truly yours,
EH:H
EL'IDN JIA-R VEL
1't25
;rune 3, 1941
Upon enquiry by Mr. Miller, the City Engineer reported tha t
Clint Moore lEd declined to bid on the job, and that no other oon-
tractor was equ:Jwed to 1'0 so, therefore it was moved by Mr. Miller
that the City Engineer be authorized to go ahead with excavation of
the rock at such time as the di gging and loadi r:g can be done concur]
ently. Mr. Hill seconded the motion, which on roll call, carried
unanimously. .
The C~ty Engineer asked the frEmbers' advice in regard to
developing the test well made by ihe Layne-Atlantic Company. He
recommended ihat ho be pE!f'mittad to take out the small low-lift Puml
at the water plant, which bas rot been operated for s cme time, and
use it for testirg the Layne well, to de termine whether it wi: 11
supply t':1e quantity and quality of water needed. If it is found
satiSfactory, then he recommended that it be tied in with the City'!
system. Discussion arose ar; to the City's right to appropriate the
well without notifyirg the Layne-Atlantic Company of its intilntion.
It was :finally decided to do this after testing the well, ani
before tying it in 'Nith the City's system. It was accordingly
moved by Mr. Miller that the Engineering Depsrtrrent be authorized
to lJEke this test with the City's pump, as recommended. Mr. Hill
seconded the motion, which on roll call, carried unanimously.
The City Engine er brough t to the menD er!JI a ttention the many
items of work proposed ani planned, all over tC1tm, which though
authorized, he said were at'a standstill because of Mr. Baker's
inability to get t'cY:tl:J;m. Since Mr. Baker was snowed under .and
this work was cons idered ur gen t, he suggest ed that someone, cap-
able of supervising road work and other' city impDovements, bE
hired as foreman on these jobs, ',\ft1ich he enumerated as follows:
Surface road to garbage dump
Parking place at City Park
New road at ':rater Plant
Beautification & additional work at Beach
Repairs to Yacht Bas~n BUlkhead
Rebuilding of S. E. Seoond i3treet.
It was therefo re reconmended that the City Engineer endeavor to
find someone to \-nom this work could be entrusted ani report baok
to the Council at next meeting.
The Chairman of the Sanitary Cormnittee reported that the
authorized clearing work on 8th street, adjac€T't to McIntyre's,
had been done, and that the SO-foot Thomas street right-of-way
was being comple~ed. He as~d the dooncil's pleasure in regard
to continUing l1fUch work, recommending the use of this same labor,
particularly for clearing of pUblic right-of-ways am alleys, where
sewer lines exist. The members signified their approval of con-
tinuing such clean-up work for appro xilJE tely another week.
1.726
"
;rune 3, 19 41.
Mr. Hill brought up tb! queation of furnishing water to
Gulf-Stream and other cutside Oonsumers, statirg that Bessemer
Properties had enquired what decision tb! City had reached in this
regard. Mr. Nowlin reported having written bo"th the Bessemer
Company and B. W. Mitchell, giving them the City's proposition,
as tentatively ou tUned at a previous meeti~, but stated he
had received no reply from either of these pecple. Mr. Miller
also reported that Mayor ',Vallace of Gulfstream had ag1'eed t L 'k
to take the matter up with his colleagues and advise further
as to his Town's reaotion on the propos ition, bwt that no further
~rd had been reoeived. Council:nE n Hill sa d he thought there
must be some misunderstanding, as N.r. Edwards of tb! Bessemer
Cornpany was under "the impression that no definite proposition
had been submitted by the City.
"
Mr. Sabath reOernmfnded that thE City arrive at some
decision regarding the supplying of water to anyone cutside the
Ci ty a nl. be prepared to lIBke a definit e propos ition, for accep-
tance or rejection of "the se people. It was therefore agreed to
meet Friday night, ;rUIE 6th, for further discussion and action
in this ma tter .
~v~, {l~f2
City Clerk
APFR~~~
Mayor.
It'
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