06-23-41 Regular
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COUNCn. CHAMBER
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June 23, 1941
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The Council met in regular session at 7:30 P.M. with the
City Attorney and all members of the council present.
By motion regularly made, seconded and carried the minutes
of the regular meeting of June 9th and the special meetings of
June 16th and 18th were approved as read.
A letter was read from Arthur L. Noble, of Stuart, quoting
a price of 85st per fooi!; on 1000 feet of 8" cast iron pipe and
70st on 600 feet of' 6", also .05st per lb. on fittings and tees.
This quotation was discussed, sorre of the members thinking the
price too high for second-hand pipe. It was therefore moved by
If.r. Miller that the City Engineer be authorized to offer a prioe
of 70st on 1000 feet of 8" and .50st for the 6". Mr. Hill seconded
the motion and on roll oa11 the vote was as follows: tf.r. Hill
yes, Mr. Jacobs yes, Mr. Miller yes, Mr. Sabath yes, Mr. Scott
yes. The motion carried.
Estimate was submitted by the City Engineer covering cost
01' constructing a new 18' pavement on N.W. 4th Avenue (from
Atlantic Avenue to N.W. 2nd street). After discussing the
desirability of this paving and the probability 01' collecting
on the liens asc:essed therefor, it was moved by Mr. Miller that
the following resolution be adopted:
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RESOLUTION. 403
A RESOLUTION OF THE CITY COUNClL OF THE CITY OF DEIRAY
BEACH, FLORIDA, ACCEPTING PLANS AND SPECIFICATIONS OF THE
CITY ENGTImER FOR CER'I'ATIl STREET TI1PROVEllENT WORK TO BE
CONSTRUCTED ON N. W. FOURTH AVlThTUE (FROM ATLANTIC AVENUE
TO N. W. SECOND STREET) - Colored Town.
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Mr. Hill seconded the motion, which carried unanimously on roll
call.
o It was further moved by Mr. Miller, seconded by Mr. Hill
and unanimously. carried that the 1'ollowing resolution be adopted.
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RESOLUTION 404
A RESOLUTION OF THE CITY COUNCn. OF THE CITY OF DEL RAY BEACH,
FLORIDA, ORDERTIJG THE CONSTRUCTION OF CERTAJN STREET IMPROVE'-
MENT WORK ON NORTHWEST FOURTH AVENUE FROM ATLANTIC AVENUE TO
NORTHWEi3T SECOND STREET.
It .~s moved by Mr. Hill, seconded by ~tr. Miller and on roll
call carried unanimously that the 1'ollowing resolution be also
adopted.
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June 23, 1941
RESOLUTION 407
A RESOLUTION OF THE CITY COUNCn. OF THE CITY OF DEIRAY m,ACH,
FLORmA, ORDERING THE CONSTRUCTION OF CERTATIJ STREET DIPROVE-
MENT W'ORK ON NORTIf.\lEST THIRD AVElTUE FROI\ ATLANTIC AVENUE TO
NORTHWEST SECOND STRE"T AND NORTHWEST FIRST STREET FROM NOR TH-
'llEST THIRD AV3:J'WE TO NORTII.'rEST FIFTH Avm-nm TO A,lmTH OF
EIGHT'EEN FEET.
The following communication was submitted and read:
June 23/41
To The HOllo Mayor and City Counc i1
Delray Beach, Florida.
Gentlemen:
In regard to the City Board 01' BeautioiQns, I have decided
not to resign until we get better organized.
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1it,h best wishes I beg to remain
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Yours Viery truly,
I'JW. J. H. CROlIER
It was accordingly moved by Hr. J:iller that Hrs. Ruth Hering
be appointecl to fill thl vacancy caused by Lois Kilgore's res-
ignation, to serve on the Beautician"s Board together wit h E.B.
Nichols and Mrs. J.M. cromer, incumb€nt r~mbers of the Board.
I:r. Sabath seconded the mo"tion vmich carried unanimously on roll
call.
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The Clerk asked if the Council had 60me to any decision in
regard to donating to the Animal Rescue League, stating she had
reoeived further ~nquiries BE to the Council's aotion in the
matter. After disoussion as to the legality of the City contrib-
uting to this organization, in which Mr. Nowlin stated he was of
the opinion the City was legally justified in doing so in return
for the service rendered to the City, it was moved by Mr. Hill
that the 1'ollowing resolution be adopted, appropriating $25.00
to the League on the 1st of October 1941.
RESOLUTION 405
A RESOLUTION OF THE CITY COUNClL OF THE CITY OF DEL'U\Y BEACH,
FLORIDA l\PPROPRIATING AND DONA'rmG A SU' OF ']",fENTY-FlVE
DOLLARS TO TH3 ANDf.AL RESCUE LEAGUE OF PALM BEACH COUNTY,
FLORIDA.
Mr. S:i:1:ath seconded the motion, and on roll call the vote was as
follows: Mr. Hill yes, ),tr. Jacobs yes, ),ll'. Miller yes, litr. Sabath
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. June 23, 1941
yes, Mr. Scott yes. The motion carried.
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Hr.. J"oim Adams appeared at the !'leeting making further
request for water conne ct ion in Block 4. TIe stated it was
estimated about 300 feet of pipe would be required to run
from Atlan tic Avenue nor th to the location desired, and asked
that the Council re-consider the question of running water out
to the house in course of construction, where 'the installatinn
01' bathroom :facilities is contemplated. It was accordingly
moved by Mr. Miller tha t the Engineering Departm~nt, and C.A.
Baker check into the matter again with lf1r. AdamS: and make
recommendation back to the Council at its next meeting. ~tt.
Hill seconded the motion, and on roll call, the vote was as
follmvll: Mr. Hill yes, Hr. JaccDs yes, Mr. Miller yes, Mr.
Sabath yes, Mr. Scott yes. The motion carried.
Mr. ;r.M. Cromer also ap1peared before the members, in the
interest of the Chamber of Commerce asking that the City go ahead
with its proposed yacht basin improvement, so that a greater
number of boats may be accommodated next season. He stated
the Chamber of Commerce was also working on a scheme for a new
basin but it would not be in readiness for next winter, therefore
it was requested.that the Council proceed with its proposed
improvement of the present yacht basin. Members stated the matter
had been given consideration but no method of" financ ing had been
arrived at. It was l!lx:plained that th:ls could be done by issuing
liens against potential revenue to be derived :from dockage fellS.
The City Engineer thereupon presented plans for t he proposed
improvement with estimate of costs amounting to $l,lOO.OO, whioh
estimate, he Said, was based on rates gotten from a number of
towns starting a 3 cents a foot to lr, cents :per foot. A1'ter
discussion, it was moved by Mr. Hill tha~ the City Engineer be
authorized to go ahead and prepare necessary plans and specifica-
tions and apply for a government pera'it to go ahead with this
work. It was stated th at such permit was good fur two ye ars,
in oase the City decided to postpone work on the proposed
improvement. Mr. Miller seoonded the motion, and on roll oall
the vote was as follows: Mr. Hill yes, Mr. Jacobs yes, Mr. Miller,
yes, Mr. Sabath yes, Mr. Scott yes. The motion carried. The
City Engineer said he muld need a draftsman for about a week -on
these plans and he was authorized to employ help necessary to
carry ou t the instructions of the Counc li. Mr. H.A. Hubbard
\!f8S asked .his opinion of the proposed yacht basin improvement,
and stated he was in favor of the City enlarging its dockage
famili ties, as he considered the improvement could be financed
through revenue-bearing certificates, and he believed it would
attract a very desirable class of tourists who \~uld be a
definite asset to Delray.
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It was regularly moved, seconded and carried that the
following ordinance be placed on its second readiD@;:
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ORDINANCE 399
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,
FLORIDA, CREATnm A SPECIAL BUILDING ZONE IN BLOCK E OF PALM
BEACH SHORE ACRES, PROVID:rnG ]OR '!HE BUILDING REQ.UIREMENll'S
THEREIN AND PROVlillNG CERTAIN OTHER PROV:rs IONS IN REFERENCE TO
CONSTRUCTION WORK THEREIN.
Councilman Miller enquired whether this ordinance permitted
the issuance of special :permits, a nd the City Attorney stated it
did.
The ordinance having been read in full the second time, it
was moved by 1~. Hill, seconded by Mr. Sabath, and on roll oall
unanimously carried, that it be adopted on its second reading
and final passage.
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It was regularly moved, seconded and carried that the
follo\~ng ordinance be :pIa oed on its second reading:
ORD INANCE NO. 400
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AN ORDINANCE OF THE CITY COUNCn. OF THE CITY OF DELRAY BEACH,
FLORmA', DEFINING THE OCCUPATION OF GENERAL BUn.DING CONTRACTCR "
GENERAL CONTRACTOIl AND SUB-CONTRACTOR, DEFINING THE TERM CON-
TRACTOR AND PROVm:rnG FOR A LICENSE FEE FOR ALL CONTRACTCRS
DOING BUSINESS IN THE CITY OF DELRAY BEACH, FLORIDA.
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The ordinance having been read in full for the second time,
it was moved by Mr. Miller t~t it be adopted on its second reading
and final passage. Mr. Hill seconded the motion and on roll call
the vote was as follO'1s: l,~. Hill yes, Mr. Jacobs yes, Mr. Miller
yes, Mr. Sabath yes, ~. Scott yes. The motion carried.
It \~s regularly moved, seconded and carried that the followin@
ordinance be placed on its second reading:
ORDINANCE NO. 401
AN ORDINANCE OF THE CITY COUNCn. OF THE CITY OF DEL RAY BEACH,
FLORIDA, ESTABLISHING A SET-BACK REQUIREMENT ON THE PORTION OF
NORTH S'r'/INTON AVENUE LOCATED BET'.'ffiEN NORTH 4th STREET AND THE
NORTH CITY LDUTS.
The ordinance having been read in full the second time, it was
moved by Mr. Sabath, seconded by l~. Hill, and on roll call unan-
imously carried, that the ordinance be ad~pted, on its second reading
and 1'inal passage.
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J~r 23, 1941
It was regularly moved, seconded and carried that the
following ordinance be placed on its second reading:
ORDINANCE No. 402
AN ORDINANCE OF THE CITY COUNCn OF THE CITY OF DELRAY
BEACH, FLORIDA, REG11IATING THE CONSTRUCTIOn, INSTALLATION
AND MAINTENANCE OF APPARATUS AND :!!)qpm.lENT HOLDING, CONTAIN-
ING AND/OR USTIJG LIQ.UIFIED PETROLEUM GAS, PROVIDING FOR
FEES TO BE PAID FOR TIETAILATION THEREOF AND PROVmDm :roB
PENALTIN3 FOR THE VIOLATION THEREOF.
Mr. Sabath thought one of th!! sections, speci1'ying the lioense
fee, conflioted with the Contractor"s License ordinance No. 400,
and asked that this ~ection be amended so as to exempt from
additional license, under ordinance 402, those holding "General
Building Contractors", "General Con tractors" and "Plumbing
Contractors" Licenses. The ordinance having been read the
second time, in its amended form, it was moved by lillr. Hill that
it be adopted on its second reading and final passage. Mr.
Miller seconded the ~otion, and on roll call the vote was as
follows: Mr. Hill yes, l~r. ~acobs yes, Mr. Miller yes, l!.r.
Sabath yes, lIT. Scott yes. The motion carried and the ordinance
was declared adopted.
It was regularly moved, seconded and carried that the
following ordinance be placed on its second reading:
ORDTI1ANCE 391
AN ORDINANCE OF THE CITY commn. OF THE CITY OF D:E;EFlfi BEACH,
FLORIDA, REGULATTIJG THE BUSIKR3S, OCCUPATION AND/OR :mOFESSION
OF PHOTOGRAPHY IN THE CITY OF DELRAY BEACH, FLORIDA, DEFINING
DDFERENT CLASSIFICATIONS OF PHOTOGRAPHY, PROVmmG FOR A
LICENSE FEE FOR THE PRACTICE OF PHOTOGRAPHY, AND PROVIDING FOR
PENALTIES FOR VIOLATIOn OF THIS CRDmANCE.
The or"iinance having been read the second time in full,
it was moved by Mr. Hill, seconded by litr. Sabath, and on roll call
unanimously carrie d that the ord inance be adopted on its second
reading and final passage.
It was regularly moved, secomed and carried that tb! 1'olldlW-
ing ordinance be placed on i:ts second reading.
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ORDINANCE 392
AN ORDINANCE OF THE CITY OF DELRAY BEACH, FLORmA, REGULATING
THE SELLING OR TAKTTG ORDERS FOR GOODS, W~RES aND MERCHANDISE
FOR J!'U'l'uHE DELIVERY'. AND FOR THE mmDIATE SALE OF GOODS, WARES
AND MERCHANDISE, BTFJER THAN m AN ESTABLISHED PLACE OF BUSJNESS
IN THE C JTY OF DEL 'lAY BEACH, FLORIDA.
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June 23, 1941
The ordinance having been read in full, the second time,
it was moved. by Mr. Hill seconded by Mr. sabath, ani on roll
call unanimously carried that it be adopted on its second
read ing and final pass age.
At this point Hr. Hill left tre meeting.
It was regularly moved, seconded and carried that the
following ordinance be placed on its first reading:
ORDINANCE 'io06
AN ORDlllAN:::E OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORmA, AJv'EI'TDING ORDINANCE NO. l52,
AS AMENDED BY ORD JNANCE NO. 220, THE SAME BEING AN
ORDINANCE REGULATING THE SALE AND DISTRIBUTION OF
NATER FURNISHED, PROVmING FOR A MEINTENANCE AND
SERVICE CHARGE FOR ,'3ERVICE IlENDERED TO OWNERS AND
CONSm.lERS BY THE CITY OF DELRAY, FLORmA; REGULATllm
THE RA 'C'ES THEREFOR, AND REGULATING TIlE MIlliNER IN
7/HICH WATER CONNECTIONS AN:) METERS SHALL BE FURNISHED
AND PROVmJNG PENALTIES FOR VIOLATION THEREOF:
CREATION OF :LIENS FaR PAST AND UNPAID ACCOUN1.'S:
AND REPEALING ALL ORDTIJANCES OR PA.l1TS OF ORDINANCES
IN CONFLICT HEREWrrH.
The ordinance havi~ been read in full, it was moved, by
Mr. Miller that it be :passed on its first reading. Mr. Sabath
secona"ed the motion, and on roll call tre vote was as follows:
Mr. Jacobs yes, Mr. Mille ryes, Mr. Sabath yes, Mr. Sc ott yss.
The motion carried.
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House :Bill 192 9 co veri ng charter changelll, as finally passed
by the State Legislature, was presented by the City Attorney. He
s.tated the b ill had become a Law upon its pass age by the Legislature,
Ii iree same did. not require a referendum vote of" the people.
Mr. Cromer, stated that in going over the 'bids submitted on
the caUlking job for city buildings, he found that the South
Florida Roofing Co~any had bid only on, the City Hall Building
.ani had overlooked tre fact that caulking was required on the bath
house also; therefCll'e Mr. GHrson had submitted a furth er bid
of $89.00 on the Swimming pool. It was regularly moved, seoonded
and carried. that this bid for the siWinming pool aalllking be
accepted.
Mr. Jacobs recommended the clearing of a portion of Block 7
in Osceola Park and assessing liens therefor against the abutting
property. He asked Mr. Nowlin if he was quite sure the city
could foreclose on such improvement assessments. It was agreed
to give this matterf'urther consideration after the present alley
oleaning program had been completed.
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It was moved by Mr. Sabath that b ills numbered '1044 to
7095 having been approved by the J!'inance Coml'!littee, be returned
to 1;he Council am ordered paid.
It was regularly !lOved, secomed am carried thai; Council
adjourn.
Wh~ ~ f~f
CITY CLERK
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JU>PROVED:
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