05-23-56SpMtg $5
~b{Y 23~D, 1986
A Special ~leeting of the City Commission was held in the
Co~nission Chambers at 11:30 A. M., with Mayor Mike Yargates in
the Chair, City Manager W. E. Lawson, Jr., City Attorney John H.
Adams and the following Con~ission Members being present; ~. J.
Snow, Emery J. Barrow and tloward Lee Cromer, a quorum being
present.
City Manager W. ~. Lawson, Jr., read Emergency Ordinance No.
G-236 -
~G~NCY 0~DIN~CE G-236
AN ~I~GENC~ O~INANCE OF TIl~ CITY 0F t)EL~AY
POW~il TO P~V~NT INT~I-~CI~ HIOTS WITHIN SAID
CITY; DEFINING THE T~tiMS AS USED tlEi~IN; FON-
BIDDING 'rB~ US~ OF THE ~NICIP~ BEACH ~D
~UNICIP~ POOL TO THE NEGRO }~CE; PttESCIilBING
P~N~I,TIES FOa ANY VIOLATION AND SPECIFYING
I)U~iATION OF I~HE ~ME,iG~NCY.
~}i~AS, a great deal of unfavorable publicity has resulted
to tlc City of Delray Beach~ Florida~ because said City has no
ordinance or regulation preventing the intermingling of the negro
and white races within this eomnunity~ and,
~H~AS~ as a result of such adverse publicity, large numbem
of negros from other eo~.unities have come upon the Hunieipal
Beaeh~ an~
~IEaEAS, as a result o~ this invasion of the Municipal Beach
by these non-resident negroes, near riots have occurred between
members of the negro race and members of the white race, and~
~H~ttE~S, racial tension has increased in this co~unity to
the point that the life of one eo~issioner of the City of Delray
Beach has been threatened, and,
~I~t{~AS, ~e Municipal Beach and the ~unieipal Pool is
located adjacent to the white residential area and removed ~rom
the negro residential area, anO~
~HEdEAS, an emergency exists in the City of Delray Beach,
Florida~ due to the fact that no ordinance exists prohibiting
the mingling of the negro and white races on the ~unieipal Beach
and in the Municipal Pool, and the Council of said City deems it
necessary for the imediate preservation for public peace, proper-
ty~ health~ morals and safety, that this ordinance be passed as
an emergency ordinanee~ and,
~h~EAS~ the State of Florida has heretoI'ore granted unto the
City of Delray Beach, l~lorida~ police powers, which Erant appears
in the ~unieipal Vharter at Section 7 (15), and
I{}tEilEAS, said State of Florida has the power and authority to
delegate such polie~ powers to its municipalities by reason of the
Constitution of the State of Florida and the Constitution of the
United States of ~eriea~ and in order to prevent strife and inter-
racial riots and to promote and preserve the health~ safety and
general welfare of all the citizens of Delray Beaeh~ k'lorida
Nt)~ THEii~F0~ by virtue o~ the police powers granted to said
City as aforesaid, be it and it is ordained by the City Co~ission
of the City of Oelray Beach, Florida, as follows:
Section 1. Definitions.
For the purpose of this ordinance:
(a) "Negro" i~ defined to be any person of the negro race
MAY 23RD· 1956
as defined by the Florida Statutes· 1941· in Section 1.01.
(b) "Municipal Beach" is defined to be that parcel of land
located in Palm Beach County, Flori(ia· more particularly described
as follows, to-wit:
That parcel of land in Section 16, Township
46 South, i~ange 43 East, lying between the
sidewalk as n,,w laid out and in use· which
sidewalk lies along the East side of Ocean
Boulevard and the high water mark of' the
Atlantic Ocean.
(c) "Municipal Pool" define(! is that certain sw~nming pool
located upon the following described property, as well as all
improvements located thereon, said property being described as
follows· to-wit:
Commencing at the Northeast corner of Lot 17
of the subdivision of the East half (~½) of
Section 16, Township 46 South, ~ange 43 East
in Palm Beach County· Florida· said subdivision
plat being made by Geo. ~. Potter and executed
by Sarah G. ~leason and ~. H. Gleason and others
and duly recorded in the records of the Clerk
of the Circuit Court of Palm Beach County,
Florida. From said point o£ beginning go west
on the South boundary line of Atlantic ~venue·
150 feet; thence go South 50 feet; thence go
East to the East boundary line of said Lot 17·
from thence go northerly along the East boundary
line o£ Lot 17 to the point of commencing· and
Lot 17 and the East One ~al£ (E-~) of Lot 18
in Block 1 in Ocean Park, according to a plat
of Ocean Park now on file in ~he office of the
Clerk of the Ci~c~it Court in and for Palm Beach
County· ~lorida.
Section 2.
No member of the negro race shall go upon the ~elray ~each
Municipal tSeach or the Delray Beach Municipal Pool as said terms
are defined and described herein· during the interim of thes
emergency unless said person is an employee of the City of Delray
Beach· Florida· and is directed by proper authority to go upon
said beach or said pool in pursuit of their employment.
Section 3.
The emergency as herein defined shall be deemed to exist until
this ordinance is repealed by the City Commission of the City of
Delray Beach, Florida.
Section 4. ~n~orcement.
(a) It shall be unlawful for any person to fail or refuse
tocomply with and abide by any of the provisions of this ordinance.
(b) Any person who shall violate this ordinance, upon
conviction thereo£· shall be Fined not more than Five Hundred and
00/100 (~500.00) dollars or imprisoned on the City jail or at hard
labor upon the streets or other public works of the City, not
exceeding ninety (90) days, or by both such fine and imprisonment.
Section 5. ~:ffectlve Date.
This is an emergency ordinance and shall become effective
immediately upon its passage.
PASSED AND ADOPTED in Special Session this the 23rd day o~
87
MAY 23RD, 1956
May, A. D., 1956.
/S~ Mike y, argates
MAYOR
ATTEST:
ES/ H. 1). Worthing
Ci'('y Clerk
Commissioner W. J. Snow moved for adoption of Emergency
Ordinance G-236 on first and final reading. Motion was second-
ed by Commissioner ~mory J. Barrow~ Unqnimously carried.
The City Manager then informed the Commission of having
received for consideration, a revised sketch~ from Mr. Deutchman,
consultant and designing engineer, of the proposed "Grade Beam"
installation For the Sea Ray~ Inc.~ Cabana Club.
Commissioner Barrow moved that ~his request and revised
sketch be referred to the Planning/Zoning Board for study and
recommendation. Motion was seconded by Commissioner W. J.
Snow. Unanimously carried.
Meeting adjourned.
~S/ t(. D. Worthing
City Clerk
APPROVED:
M'AY o ti