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04-08-47 APRIL 8th, 19k7. Regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 2:00 P.M. with Mayor M.M. DeWitt in the Chair, and City Manager H.P. Edmond, City Attorney JoW. Nowlin, and the following Councilmen present: B.C. Butler, J.B. Smith and C.J. White, a quorum being present. The minutes of the meeting of March 25th were presented and approved as written. The Clerk presented proof of the publication of a notice calling for bids for the construction of a 500,000 gallon steel elevated water storage tank, and concrete foundation, which proof was spread upon the minutes as follows: "INVITATION FOR BIDS Sealed proposals will be received by the City Council of the City of Delray Beach, Florida, at the City Hall, Delray Beach, Florida, until 2:00 P.M. E.S.T., April gth, 1947, for the construction of a 500,000 gallon steel elevated water storage t~nk, and for concrete foundations consisting of approximately 220 cubic yards. Specifications and contract documents are open to public inspection at the City Office,~ty Hall, Delray Beach, Florida, or may be obtained from Smith and Gillespie, Engineers, P.O. Box lOkS, Jacksonville l, Florida, upon deposit of $5.00. The full amount of the deposit for one set of documents will be returned to each actual bidder upon return of all documents in good condition within l0 days after the d ate of opening bids. Bids must be accompanied by a certified check or Bid Bond in an amount not less than five percent of the bid. No bid may be withdrawn for a period of thirty (30) days after the scheduled closing time for the receipt of bids. The Owner reserves the right to reject any or all bids and to waive informalities. CITY OF DELRAY BEACH, FLORIDA By: (Signed) H.P. EDMOND, City Manager." AFFIDAVIT OF PUBLICATION DelrayBeach News Published Weekly DelrayBeach, Palm Beach County, Florida STATE OF FLORIDA ) COUNTY OF PALM BEACH) Before the undersigned authority personally appeared E.F. Petermanz who on oath says that he is Publisher of the Delray Be~ch News, a weekly newspaper published at Delray~each in Palm Beach County, Florida; that the attached copy of advertisement, being a Public Notice in the matter of Invitation for Bids in the Court, was published in said Newspaper in the issues of March 21, 28,_ April ~. 1947. Affiant further says that the said Delray Beach News is a newspaper published at Delray Beach, in said Palm Beach C~unty, Florida, and that the said newspaper has heretofore been continuously published in said Palm Beach County, Florida, each Friday and has been entered as second class mail matter at the post office in D elray Beach, in said Palm Beach County, Florida, for a APRIL 8th, 1997. period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing this advertisement for publication in the said newspaper. (Signed) E.F. PETEF~AN Sworn to and subscribed before me this 7th .day of A_~ A.D. 1947. ~i~ned) HAZEL V. SNOW Notary Public, State of Florida at Large. My commission expires February ~, 19~9. Bonded by American Surety Co. of N.Y." Four bids were received in response to the foregoing notice, as follows: Chicago Bridge & Iron Co., 57 Forsyth St., N.W., Atlanta 3, Georgia - For Elevated Steel Water Tank R.D. Cole Manufacturing Co., Newnan, Georgia - For Elevated Steel Water Tank Pittsburgh-Des Moisne Steel Co., Neville Island, Pittsburgh 25, Pa. - For Elevated Steel Water Tank The Murphy Construction Co., Clare Ave., West Palm Beach, Florida - For foundation concrete only. The proposals were referred to Mr. Wylie Gillespie, of Smith & Gillespie, Engineers, and City Manager Edmond for tabulation, to be considered later in the meeting. Councilman B.C. Butler, Chairman of the Finance Committee, advised the Council that an offer had been received from B.J. Van Ingen & Co., to sell to the City $2,500.00 City of Delray Beach Refunding Bonds at 98-7/8 plus accrued interest. As the last Refunding Bonds purchased by the City were purchased at 99 and accrued interest, a motion was made by Councilman White, seconded by Councilman Smith, that the above offer be accepted, and $2,500.00 Refunding Bonds, due July lst~, 1968, be purchased from B.J. Van Ingen & Co., Inc. at 98-7/8 plus accrued interest. Upon call of roll the motion carried unanimously. A communication from the Delray Beach Junior Chamber of Commerce, favoring the expansion of the Municipal Golf Course, was presented by the Clerk and read in full as follows: "March 26, 1947. Mr. H.P. Edmond, City Manager City of Delray Beach Florida. Dear Mr. Edmond: In it's regular meeting on Tuesday, March llth, 1947, the Junior Chamber of Commerce passed the following, which may be of interest to you: 108 APRIL 8th, 19&7. "Be it resolved that the Junior Chamber of Commerce favors the expansion of the Delray Beach Municipal Golf Course to an eighteen hole course and be it further resolved that this organization will support a progr~am aimed at this purpose." Very truly yours, DELRAY BEACH JUNIOR CHAMBER OF COmmeRCE (Signed) MATT GRACEY MG/L Secretary." It was estimated that the addition of nine more holes to the present Golf Course, which would necessitate additional facilities at the Club House, would cost approximately $70,000.00. Council felt that in the next few years some way might be worked out to finance this expansion. As at some time in the past different civic organizations have suggested donating a hole a piece~ Councilman White suggested that if action were started along this line, the City could stand it's share. The Clerk was instructed to acknowledge receipt of the above letter to the Junior Chamber of Commerce, and to thank them for their interest in this municipal project. City Manager Edmond was instructed to furnish a complete statement of the Golf Course operations from October 1st, 19~6 through March 31st, 19~7, showing all receipts and disbursements, for the next meeting of the Council. Mr. Edmond was also requested to prepare an estimate of the cost of construction of nine additional holes, and the necessary improvements to the Club House, keeping esti- mate to minimum requirements. A letter of resignation from Miss Betty Fo Ball, as Manager of the Municipal Pool, to become effective May 1st, was read, and in a motion made by Councilman White, seconded by Councilman Butler, the resignation was accepted with regrets, and the Clerk was instructed to so notify Miss Ball. The following letter from the Florida League of Municipalities was read: "April 2, 19~7. TO FLORIDA CITIES: Our Legislative headquarters and offices will be opened in Tallahassee on Monday next, April 7. They will be Nos. 6 and 9 Independent Life Building, 117-1/2 South Monroe Street. Telephone numbers are: Office 2820; residence 123~. Shortly after the session gets under way, we hope to arrange a joint meeting of the Senate and House Finance and Taxation Committees for the purpose of hearing from municipal officials as to the very serious financial condition of our cities and towns. It is hoped that your municipality will be represented at this and other important hearings when called during the session. In the meantime and in line with President Beardall~s suggestion of March 13, it will be most helpful if 109 APRIL 8th, 19d7. your municipality will quickly adopt a strong resolution urging your local legis- lative delegation to actively support the cities' program for financial relief, sending copies to us at the above address in Tellahassee and also to Governor Caldwell. Very sincerely, (Signed) E.P. OWEN, JR. E.P. Owen, Jr., Secretary." Mayor DeWitt explained that the Florida League of Municipalities was trying to have a ~$ cigarette tax passed by the Legislature as an aid to the Municipalities to offset revenue lost by not being able to operate the race tracks, and they had asked that a Resolution be passed by the Cities favoring this tax. Upon motion of Councilman Butler, seconded by Councilman Smith, and upon call of roll unanimously carried, the City Attorney was instructed to prepare such a Resolution for adoption at the next Council meeting. The following ordinance, to amend the Taxi-Cab Ordinance, was presented for first reading and same was read in full: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING SECTION &, CHAPTER X OF THE CITY CODE OF DELRAY BEACH, FLORIDA, RELATING TO THE REGULATION OF TAXI CABS AND OTHER MOTOR VEHICLES. A Motion was made by Councilman White, seconded by Councilman Smith, that the Ordinance be placed on its first reading, and upon call of roll the motion carried unanimously. The following ordinance, to amend the Zoning Ordinance relative to set-back requirements of commercial buildings in Budiness Districts, was then presented for first reading, and same was read in full: AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, A~ZNDING SUB-PARAGRAPH 2 OF PARAGRAPH B OF SECTION 5 OF CHAPTER XX OF THE CITY CODE OF DELRAY BEACH, FLORIDA. A motion was made by Councilman Butler, seconded by Councilman Smith, that the foregoing Ordinance be placed on its first reading, and upon call of roll, the motion carried unanimously. A commUnication from D.E. Wilkison, 1st Lt., Air Corps, Public Relations Officer, requesting the publication of a proclamation by the Mayor that April 7th be declared Army Day, and the period April 6 - 12 be declared Army Week, was ordered filed, as the request reached the Mayor,s office too late for publication in the local newspaper. The following Resolution was then presented, and same was read in full: 110 APRIL 8th, 19~7. RESOLUTION NO. 617 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, CONCERN- ING REVISION AND SALE OF CITY CODE, ZONING ORDINANCE AND TRAFFIC ORDINANCE. BE IT RESOLVED by the City Council of the City of Delray Beach, Florida, as follows: SECTION 1. That the City Council hereby sets the dates of June 30th and DeCember 31st of each year as the dates on ~hich revision of the City code shall be made to bring the same up to date, and immediately after such dates on each year the City Attorney is hereby authorized and instructed to prepare for in- sertion in the City Code all general ordinances passed by the City Council since the a'doption of said Code and prior to the date of the revision which has not al- ready been incorporated in said City Code. SECTION 2. The City Clerk is h~reby authorized to sell copies of the City Code containing the City Charter at $5.00 per copy. Owners of such copies of the City Code shall be entitled without extra charge to revisions from time to time. SECTION 3. The City Clerk is further authorized to sell copies of the City Zoning Ordinance for $1.50 per copy and copies of the City Traffic Ordi- nance for $1.00 per copy. CITY OF DELRAY BEACH, FLORIDA (Signed) M. M. DE WITT President, City Council ATTEST: APPROVED: (Signed) M. M. DE WITT (.Signed) RUTH R. S~[ITH Mayor City Clerk (SEAL) Upon motion of Councilman Butler, seconded by Coumcilman White, and unani- mously carried, the foregoing Resolution No. 617 was passed and adopted as read. City Attorney Nowlin advised the Council that the Resolution filed by Mr. C.Y. ByPd at the Council meeting held March 25th, entitled "RESOLUTION RRI.ATING TO FILLING OF LOW SWAM~ LANDS LYING EAST OF INTRACOASTAL WATERWAYS CANAL BY JOHN B. P~EID"~ and upon which Council took no action pending investigation of the negotia- tions the City had had with the Corporations and individuals mentioned in the Resolution, had been withdrawn by ¥~. ByPd, as City records do not show that the City had entered into negotiations with any of the parties mentioned. In a motion made by Councilman White, seconded by Councilman Butler, unanimously earried, City Manager Edmond was instructed to advertise for bids for material and equipment for constPucting three new wells, according to specifications, bids to be received not later than 2 P.M. on April 22nd, APRIL 8th, 19&7. City Manager Edmond advised theC ouncil that Mr. M.F. Riley, owner of acre~ just east of the City dump, had requested a letter from the City stating that the City would have no claim on the road which runs through portions of his property to the City dump. Mr. Edmond explained that the present road was partly on Mr. Riley's property and partly on City owned property, whereas it had originally been located between the two properties. After discussion by the Council, the City Attorney was instructed to write a letter as requested by Mr. Riley, for action at the next Council meeting, Mr. Edmond to then negotiate with Mr. Riley for a 25' right-of-way to adjoing a 25' right-of-way on City property, in order to build a road between the two properties where it should be. Council was advised by the City Manager that a temporary permit for six months, expiring September 15th, had been issued by the State Board of Health, for the operation of the Municipal Swimming Pool. Mr. Edmond was instructed to provide for a Manager at the Pool beginning May 1st, to replace Betty F. Ball, whose resignation becomes effective as of that date. At the request of Mrs. A.G. Pruyser, a donation of $100.00 made by her several months ago for treatment of palm trees on Atlantic Avenue, was turned over to the Garden Club, as the money had not been used for the above purpose. Mr. Wylie Gillespie and Mr. Edmond, City Manager, then presented a tabulation of the bids opened earlier in the meeting for a 500,000 gallon elevated storage tank and foundation concrete, as follows: R.D. Cole Mfg. Co. - Elevated Storage Tank - $67,~85.00 - Work to start within 30 days and be completed within &50 days. Chicago Bridge & Iron Co. - Elevated Storage Tank - $69,950.00 - Work to start within 30 days and be completed within ~50 days. (Firm bid $76,950.00) Pittsburgh-Des Moines Steel Co. - Elevated Storage Tank - $80,350.00 - Work to start within 30 days and be completed within 500 days. Murphy Construction Co. - Foundation concrete only - $10,802.00 - Work to start within l0 days and be completed within l&5 days. Mr. Gillespie recommended that contract be awarded to the R.D. Cole Manufactur- ing Co., as the lowest and best bidder, providing their tank dimensions will conform to specifications, their bid being $9,&65.00 below the second low bid. Mr. Gillespie also recommended that the one bid received for foundation concrete be rejected and action deferred for some time, as it will be a year and a half be- fore the storage tank can be installed, and bids for this work can be received again at that time. A motion was then made by Councilman Butler that the recommendation of Mr. Gillespie be accepted, and contract for the construction of a 500,000 gallon steel elevated storage tank be awarded to R.D. Cole Manufacturing Co. in the amount of $67,&85.OO, and that the Mayor and City Clerk be authorized to sign the contract; also that the bid of the Murphy Construction Co. for foundation concrete, in the amount of $10,802..00 be rejected, bids to be received for this work at a later date. 112 APRIL 8th, 19~7. A request for building permit, filed by Mr. H.P. Lamson, to construct a porch of the back of his building located on Lots 16, 17 & 18, Block ll2 on South Federal Highway, was presented by the Building Inspector, who explained that the addition would not conflict with any set-back requirements, and would not en- croach on any lot lines, whereupon a motion was made by Councilman Butler, seconded by Councilman Smith, that permit be approved. Upon call of roll the motion carried unanimously. Building Inspector Adams presented an application filed by Mrs. Rhoda Pickens for permit to build an addition to her property located on Lot 29, Ocean Beach Lots South, the addition to be a study and Terrace. Mr. Adams stated.that all building code requirements and set-backs would be complied with. The possibility of converting a study into an apartment was discussed, also the advisibility of issuing plumbing permits through the Building Inspector's Office, who should require complete plans of plumbing installations before issuing a building permit. Councilman White recommended that hereafter no building or plumbing per- mits should be issued unless complete plans for electrical and plumbing installa- tions are submitted, all of which must tie in together, and all remodeling work to have the approval of the Building Inspector. The recommendation of Councilman White was accepted by the Council, the City Mauager, Building Inspector and Plumbing Inspector to be so instructed. Councilman ~ite also recommended that the Building Inspector be author- ized to secure proper facilities for protecting Building Department records, .at least steel cabinets which could be locked. The Building Inspector was instructed to return Mrs. Picken's plans and advise her that plumbing installations must be included in the plans before approval can be given by the Council. Mr. Adams, then presented a request of Mr. Paul Dawson for permit to con- struct two small apartments on the rear of Lots 9 and 10, Block ll6~ on the North Federal Highway. He explained that there is a house on the front of the lots, and also two apartments, but Mr. Dawson's proposed construction would still meet all set-back requirements. Upon verification of the square footage requirement by the City Attorney, it was found that the proposed buildings would not meet apartment house requirements as to size, therefore the permit was denied. The application of Zuckerman's for remodeling their store front by re- locating the entrance and installing new store front windows, which would modern- ize the building and make a more attractive entrance, was presented by the Build- ing Inspector. They planned to make no improvements or additions in the rear of the building, but were asking for permission to erect a three foot canopy around the front and side of their building just above the first floor. Mr. Adams stated that the permit could not be issued unless Zuckerman's would meet the Zoning Ordinance requirements by setting their building back ten feet from their front lot line and five feet from their side lot line. Mr. Sidney Zuckerman, being in the audience, then addressed the Council, explaining the hardship that was being forced on Atlantic Avenue property owners by this requirement, stating that most buildings in his block would never be set back as they are in line with the Arcade Building, and if they set their store 11: APRIL 8th, 19k7. back ten feet they can not be seen from the east nor from the west. He suggested that each block be considered separately. He also explained that in order to set their building back to meet these requirements the whole building would practically have to be torn down, further stating that no improvements have been made on Atlantic Avenue because of this unreasonable clause in the Zoning Ordinance. Mr. James L. Love, Jr., owner of the Red Cross Pharmacy,., then addressed the Council, stating that he would like to remodel the front of his building to make it more attractive, but the set-back requirement made it prohibitive for him to do this. He also thought a distinction should be made between remodeling and new construction requirement s. After considerable discussion, Councilman White suggested that all property owners on Atlantic Avenue, from Swinton Avenue to the Ocean, be contacted either in person or by letter, to obtain their opinion as to whether they were in favor of enforcing the present set-back requirements, or if they thought the streets should be widened by graduated set-backs, or left as they are. After consideration of Mr. White's suggestion, Mr. Edmond was instructed to draft a letter to be sent to all property owners on Atlantic Avenue, advising them that a hearing will be held at 2 P.M. on Thursday, April 17th, in the Council Chambers in the City Hall, to discuss this zoning problem, and ask them to either file. their answer or appear in person st this hearing. Mr. C.W. Garner, representing the Research Development Board, addressed the Council, stating that in answer to nationwide publicity in magazines and periodicals, thousands of inquiries were coming into the State, many of which are especially interested in Palm Beach County. He explained that their advertising department had prepared a tentative draft of a booklet for this County, which would cost approx- imately $5,500.00, showing some interest of each Municipality. If every City would contribute its share of the cost the booklets can be printed and will be turned over to the Municipalities, either to the Chamber of Commerce or some local agency that can handle them. The cost to the City of Delray Beach would be $&O0.O0, which ~mld be pledged 4t this time, to be paid when the booklets were ready to be printed. After consideration by the Council, a motion was made by Councilman White, seconded by Councilman Butler, that the City underwrite $&O0.O0 for this program, to be taken from the Contingency Fund, providing other Cities of the County also subscribe for the printing of the booklet as outlined by ~. Garner. Upon call of roll the motion carried unanimously. In a motion made by Councilman Butler, seconded by Councilman White, and upon call of roll unanimously carried, bills totaling $15,736.7~ were ordered paid, subject to the approval of the Finance Committee. City Attorney Nowlin then discussed with the Council the proposed amendments to the City Charter, copies of which had been given to each Councilman at the pre- vious meeting for their study. Each proposed amendment was considered separately, the final accepted copy being as follows: HOUSE BILL NO. AN ACT TO AMEND PARAGRAPH 8 OF SECTION 7 AND SECTIONS 21, 23, 27, 36, 68, 73, 76 AND 131, CHAPTER 1849/+, LAWS OF FLORIDA 1937, THE SAME BEING AN ACT TO ABOLISH THE PRESENT MUNICIPALITY OF THE CITY OF DELRAY BEACH IN PALM BEACH COUNTY, FLORIDA, AND TO ESTABLISH, ORGANIZE AND INCORPORATE A NEW MUNICIPALITY TO BE KNOWN AS THE CITY OF DELRAY BEACH IN PALM BEACH COUNTY, FLORIDA, IN LIEU THEREOF; TO DESIGNATE TERRITORY ~NBRACED WITHIN THE CITY OF DELRAY BEACH HEREIN CREATED AND TO PROVIDE FOR ITS JURIS- DICTIONS, POWERS AND PRIVILEGES. 114 APRIL 8th, 19~7. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: SECTION l: That Paragraph 8 of Section 7, Chapter 18~9&, Acts of 1937, Laws of Florida, relating to the creation of the City of Delray Beach, Palm Beach County, Florida, be and the same is hereby amended to read as follows: Section 7: Paragraph 8: To purchase, hire, construct, own, maintain, operate or lease local public utilities, including street railways, electric light, telephone and telegraph systems, and works for supplying the City and its inhabitants with water, ice, gas for illuminating and heating purposes, and electric energy for illuminating, heating or power purposes, and · (a) To acquire (either by purchase or by the exercise of the right of eminent domain under the provision of its Charter or the General Laws of the State) and to construct, reconstruct, improve, extend, enlarge, equip, repair, maintain and operate water facilities, either within or without or partly with- in and partly without the corporate limits of the City. (b) To fix and collect rates, fees and charges for the services furnished by such facilities, wholly within the corporate limits of the City; and to fix and collect rates, fees and charges for the services furnished by such facilities to consumers wholly without the corporate limits of the City at a higher rate, fee and charge than those fixed for consumers wholly within the corporate limits of the City. (c) To make and enter into all contracts and agreements necessary or incidental to the performance of its duties and the execution of its powers under this Act, including agreements to furnish and provide water facilities to adjoining municipalities and consumers without the corporate limits of the City. (d) To exercise jurisdiction, control and supervision over any water facilities owned, operated or maintained by the City and to make and enforce such fules and regulations for the maintenance and operation of any such facili- ties as may in the judgment of the Council be necessary or desirable for the efficient operation thereof and for accomplishing the purposes of this Act, with- in or without the City. (e) To enter on any lands, water or premises located within or without the City to make surveys or examinations for the purposes of this Act. (f) To acquire, construct, locate and operate water distribution mains, pumps, pipes, meters, valves, fire hydrants, and equipment, in, along or under any streets, alleys, highways or other public places, or easements within or without the City. (g) To enter into contracts with the Government of the United States or the State of Florida, or any agency or instrumentality of either thereof, or with any municipality, district, private corporation, copartnership, association or individual, providing for or relating to water facilities, or the purchase or sale at wholesale or at retail of water and the services of such facilities; and (h) To receive and accept from any Federal Agency grauts for or in aid of the planning, acquisition, construction or financing of any water facili- ties and to receipt and accept contributions from amy source of either money, property, labor or other things of value, to be held, used and applied only for the purposes for which such grants and contributions may be made. i15 APRIL 8th, 1947. (i) To fix and revise from time to time rates, fees and charges for water and other services furnished by the water facilities of the City, and shall charge and collect the same. Such rates, fees and charges shall be so fixed and revised as to provide funds, with other funds available for such purposes, suffic- ient at all times (1) to pay the cost of maintaining, repairing and operating the water plant and w~ter facilities.and to provide reserves therefor and for replace- ments and depreciation and necessary extensions and enlargements; (2) To pay the principal of and interest on all outstanding revenue bonds and/or certificates payable therefrom as the same shsll become due and provide reserves therefor; and (3) to provide a margin of safety for making such payments and providing such reserves. (j) As the e×ercise of the powers conferred under this Section constitute the performance of essential municipal functions, &nd as water facilities furnished and constructed under the provisions of this Section constitute public property and ~ill be used for municipal purposes, the City shall not be required to pay any tax or assessment upon any such facilities or any part thereof, whether located within or ~ithout the territorial boundaries of the City. SECTION 2. That Section 21, Chapter 1~9~, Acts of 1937, Laws of Florida, relating to the creation of the City of Delray Beach, Palm Beach County, Florida, be and the same is hereby amended to read as follows: Section 21: The members of the City Council shall receive a salary of $1.00 per year, per member, and no additional compensation shall be paid to the member, of the Council who shall serve, as Mayor. SECTION 3. That Section 23, Chapter 18494, Acts of 1937, Laws of Florida relating to the creation of the City of Delray Beach, Palm Beach County, Florida, be and the same is hereby amended to read as follows: Section 23: The Mayor or any three members of the City Council may call special meetings of the City Council upon written notice to each member served personally or left at the usual place of residence. All regular and special meetings of the City Council (except when sitting as a Board of Equali- zation) shall be public. Committee meetings shall not be public, unless by a majority.vote of the members of the Committee present at any such meeting, it is decided that such meeting shall be open to the public. The City Council shall determine its ~own rules and order of business and shall keep a minute book of its proceedings. The minutes of the Council meetings shall be available for inspection by any citizen at all reasonable times. SECTION 4: That Section 27, Chapter 18~9~, Acts of 1937, Laws of Florida, relating to the creation of the City of Delray Beach, Palm Beach County, Florida, be and the same is hereby amended to read as follows: Section 27: The City Council shall, by resolution, fix the salaries of all officers and employees of the municipality other than members of the City Council and Mayor. SECTION 5: That Section 36, Chapter 18~94, Acts of 1937, Laws of Florida, relating to the creation of the City of Delray Beach, Palm Beach County, Florida, be and the same is hereby amended to read as follows: 116 APRIL 8th, 19/+7. Section 36: It shall be the duty of the Council each year to agree on a budget of expenses for the ensuing year, w~ich budget shall show the estimated expenditures of said city for the ensuing year, and the said Council shall have power to raise annually by taxes such sums of money as shall be deemed necessary to cover the payment of the expenditures estimated in the budget. It shall be the duty of the City Council to have au audit made of the City's financial records at the end of each fiscal year, which audit shall be made by a certified public accountant or a firm of certified public account~ ts, registered in the State of Florida. An audit may be made oftener than once a year if the City Council so desires. SECTION 6. That Section 68, Chapter 18~9~, Acts of 1937, Laws of Florida, relating to the creation of the City of Delray Beach, Palm Beach County, Florida, be and the same is hereby amended to read as follows: Section 68: It shall be the duty of the City Treasurer to receive all moneys aud funds coming in or belonging to the City for taxes, licenses, fines and from any and all sources whatever, and he shall keep a faithful and strict account of all such moneys and funds, and shall pay same out only upon the order of the City Council made in pursuance of law and ordinance. It shall be the duty of the City Treasurer to keep a strict account of each fund separate. All city funds shall be kept and deposited as shall be directed by the City Council. The City Treasurer shall prepare all checks and vouchers to be drawn on the city depositories, and shall sign the same and present said checks to the Mayor (or in his absence to the Vice-Mayor) to be countersigned as provided herein or as otherwise provided by ordinance of the City Council. SECTION 7: That Section 73, Chapter lB&9&, Acts of 1937, Laws of Florida, relating to the creation of the City of Delray Beach, Palm Beach County, Florida, be and the same is hereby amended to read as follows: Section 73: It shall be the duty of the Tax Assessor between the first day of January and the first day of July of each year, to ascertain by diligent inquiry all taxable property real and personal, railroads, tele- graph and telephone lines, within the city, and the name of the person, firm or corporation owning the same on the first day of Jauuary of each year, and to make an assessment, at its full cash value, of all such taxable property. The Tax Assessor shall visit and inspect all real estate unless personally acquainted therewith and the improvements thereon, and shall fi.x the valua- tion of the same and shall require the owner or owners of personal property to return the same and fix the valuation thereof under oath. In case the owner or owners of any personal property shall neglect or refuse to return the same and fix the valuation thereof under oath, the Tax AssessOr shall place a value thereon to the best of his or her knowledge, information and belief; and any person or persons failing or refusing to make such returns under oath on or before the first day of April in each year, shall not be permitted after- wards to reduce the valuation placed thereon by said Tax Assessor for the Current year. The Tax Assessor is hereby authorized and ~npowered to ister oaths to all persons returning their personal property for assessment as hereby provided. 11' APRIL 8th, 1947. SECTION 8. That Section 76, Chapter 18&9&, Acts of 1~37, Laws of Florida, relating to the creation of the City of DeLray Beach, Palm Beach County, Florida, be and the same is hereby amended to read as follows: Section 76: The City Council, shall upon the Tuesday after the second Monday in July, in each year, sit as a Board of Equalization of Taxes; and due notice of said meeting shall be given by publication for not less than two week- ly issues in a newspaper published within the said municipality. At such meet- ings the Council, sitting as a Board of Equalization, as aforesaid, shall have before it the assessment rolls to be returned by the Assessor of Taxes and so proceed to equalize and revise the said assessments. The Council, at such time, shall have the right to make all inquiries necessary and if advisable, to take testimony for the purpose of determining the valuation of any property so assessed. All persons owning property, real or personal, in the City of Delray Beach shall have the right to file a complaint, in writing, under oath, as to the assessment of their property, which written complaint must be filed with the City Clerk of the City of Delray Beach on or before the second Monday in July of each year. The Board of Equalization shall remain in session from day to day for as long as may be necessary to pass on such written complaints and to equalize and revise such assessments, provided, however, that said Board shall not be required to remain in session for longer than three successive days. The meetings of the Board of Equalizat on of Taxes, shall not be public, but representatives of the press shall not be excluded and any taxpayer who has filed a written complaint as above set forth shall upon his request be invited to appear before the Board of Equalization in person. SECTION 9: That Section 131 of Chapter 18&g&, Acts of 1937, Laws of Florida, as amended, relating to the creation of the City of Delray Beach, Palm Beach County, Florida, be and the same is hereby amended to read as follows: SECTION 131: All general and special elections, unless otherwise pro- vided in this act, shall be called by a proclamation of the Mayor, published in a newspaper published in the City of Delray Beach, Florida, once a week for t~o consecutive weeks and such election may be held upon such notice. Nominations for the office of City Councilman shall be by a primary election to be held two weeks prior to the first Tuesday in December of every year, or as otherwise provided in this Section. The time and manner of qualifying as a candidate in said primary elections shall be regulated by ordinance of the City of Delray Beach, Florida. The names of all candidates who qualify for such primary elections shall be printed upon the primary election ballot, if such primary election is held. In the odd numbered years, when three Councilmen are to be elected, if not more than six candidates qualify for the primary election, then the six candidates shall be declared the nominees and entitled to have their names printed on the general election ballot, and no primary election shall be held. If, in such odd numbered years, more than six candidates qualify for the primary election, a primary election shall be held and the six candidates receiving the highest number of votes cast in said primary election shall be declared the nominees and entitled to have their names placed on the general election ballot. In the even numbered years, when two councilmen are to be elected, if not more than four candidates qualify for the primary election, then the four candidates shall be declared the nominees and entitled to have their names printed on the general election ballot, and no primary election shall be held. If, in said even number- ed years, more than four candidates qualify for such primary electi on, a primary 118 APRIL 8th, 19~7. election shall be held and the four candidates receiving the highest number of votes cast in said primary election shall be declared the nominees and entitled to have their names printed on the general election ballot. Any candidate who qualified for the primary election fSr Councilman and has his name printed on the primary election ballot, and is not nominated in such primary election, shall thereupon become disqualified to be elected as a Councilman in the next ensuing general election for Councilman. SECTION 10.' All laws and parts of laws in conflict with the provisions of this act, be and the same are hereby repealed. SECTION ll: This Act shall become effective immediately upon its pass- age and its approval by the Governor or upon its becoming a law without the spproval of the Governor. The City Attorney was instructed to prepare a Resolution reqUesting the Legislature to pass an act amending the said Charter as outlined above. A letter from Mr. L. C. Hand, protesting against the policy of holding closed meetings of the Council, was read and ordered filed, as this proposed Charter change had been revised before acceptance by the Council. Mayor DeWitt advised the Council that a request had been received by the Management Committee of the U.S.O. from the Boca Raton Field for a con- tinuation of the U.SoO. Center until the first of next year, and the Manage- ment Committee have asked for a continuation of their lease for that period of time, providing financial arrangements can be made with the U.S.O. Organi- zation for this continued operation. No action was taken on the cancellation of our lease with the United States Government until further information can be rc~ceived from the U.S.O. Management Committee as to whether or not they will be able to operate for this additional period. Counc il then adjourned.