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Ord G-236(07-56) ,.,~,~.:~;..~, a great deal or unfavorable publicity has resulted to the City of Delray 3ea~;b., fflorida, because said City has no ordinance or re(di:.ation preventin{~ the interminglin,.z o~. the nezro ~'~,; ':~ite races within this cozmnunity, and, ~:';s:'n~'~ as a result of such adverse 'oubiicity, lar~'~e nm~bors of nazroes ~'rom other com~:~unities have come upon the '"unicipal Neach, and, '...~- ......... ,~:-~, a~,, a result of this invasion of the ~unici~a~. .~. Beach by those non-resident negroes, near riots have oocurre5 between meNbers of the negro race and membems of the white race, and, '"~"'"...~A-:,m'~'"°:.~;~, racial tension has increased in this cofmnunitv~ to the point that the life of one co~zissione~ of the 0ity of Delray Beach izas been threatened, and~ ~"'m-"'z,*" ~,.~mz-,.~,~.:~s, the ~Iunicipai Beach and the Municipal Pool is located ad. jacent to the v:hite residential area and removed from the negro ' ' r ' ~ aD.d, res lde. ltla~ area~ "(i~iiR%AS, an emergency exists in the City of Delray Beaoh~ Florias, due to the fact that no ordinance exisvs prohibitinz the ¥~.,~zte races on the lMnicipal Beach and in '.ain~ling of the neer{~ ~ ~ and '~ ' the ~[unici~ml Pool, and the Council of said City deems it }:eces:~ary lot' the ir~mediate preservation for ~ublic 'peace, property, health, morals and safety, that t:,ls ordinance be passed as an eme~ge~,cp oPdinance, and~ ~-.r.--~-,~,~-,~,,.,,...;:~_~.~o, the State of Florida has heretofore granted unto the City of De!ray Beach, zlorida, police powers, which grant a:}pe.ars in the .... .:' ~, ~.~unlczpel Ch~'~er at Section 7 (15)~ and "~.~::: .:.~o: "~, said :State of Flor[.da has the _so~er and authority to delegate such police powers to its municipalities by reason of the Constitution of the State of Florida and the Constitution of the United States of ~maerica, and in order to prevent strife and inter- racl,~ riots and to proNote and preserve the health, safety and ,?e~eral welfare of all of the citizens of Delray Beach, Florida NO~? .~'~,~n~ by virtue of the police ~owers granted to said City as aforesaid~ be it and it is ordained by the City Co~u~ission of the City of Delray Beach, Florida, as follows: Section 1o Definitions, For the pur:oose of this ordinance: (a) "Negro" is defined to be any person of the negro race as defined by the Florida Statutes, 19~1, in Section 1.01, (b) "i',~unicipal Beach" is defined to be that parcel of land locateS, in Palm Beach County~ Flotilla, mor~ particularly described as follows~ to-wit: That parcel of land in Section 16, To~.mship ~6 South, Range ~3 East, lying between the sidewalk as now laid out and in use, s,~hich sidewalk lies along the East side of Ocean Boulevard and the high ~,.~ater mark of the Atlantic Ocean, (c) ")'~unicipal Pool" defined is that certain s~:i~:~.~ing pool locsted upon the following described property, as nell as all .'~,~.ents located thereon, said property being described as follows, to-¥~'it: Co~'~enc'zn~-' at the '~,ortheast cor~er of Lot 17 of the subdivision of the East half (E½) of Section 16, To¥~mship 46 South, Ranf~e 43 East in Palm Beach County, Florida, said subdivision plat being made by Geo, 'A~o Potter and executed by Sarah G. Cleason and iT, 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 of beginning go on the South boundary line of .~.tl~D. vic Avenue, 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 of Lot 17 to the point of commencing, and Lot 17 and the East One Half (E~) of Lot 18 in Block 1 in Ocean Park, according to a plat of Ocean Park now on file in the office of the Clerk of the Circuit Court in and for Palm Beach CounZy, Florida. Section 2. No member of the negro race shall go u~3on the Delray ~ach i~unicipal Beach or the Delray Beach. ~!unicipal Pool as said ter~:~s are defined and described herein, during the interim of this 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. ~ection 3. The emergency as herein defined shall be deemed to e:~ist until this ordinance is repealed by the City Commission of the City of Delray Beach, Florida. Section ~. Enforcement. (a) It shall be unlavgul for any person to fail or refuse to comply with and abide by any of the provisions of this ordinance. (b) Any person who shall violate this ordinance, uoon conviction thereof, shall be fined not more than Five Hundred and 00/100 (:i~500.00) dollars or imprisioned in the City jail or at hard labor upon the streets oz' other public works of the City, not exceeding ninety (90) days, or by both such fine and imprisonment. /Section 5. )~:ffective Date This is a~ emergency ordinance and shall become effective i~m~ediate!y upon its passage. ?A'3SED A~.~ ADOPTED in Special Session this the 23rd day of ~ay, AoDo 1956. AGREE~£~T '~E,, ~;he hereinafte: signed 9~rson~ in ou~ individuai a~ as Agents and Repr'esent:atives of the Negro Civic o~anization, a~ ,Negro cit~men~y of the City of D.lray B~ch. Flc, r~da. aft~i conference .;~. t}le City Co~is~lon of the City of Dml. ray B~ch. Florida hereby rester fully s~.~mit to said Co. ms.ion al~d If agrm~ to m)' ~aid agree to k~ ~und Dy the (1) ~e C..~I Co. lesion of .aid City i~.iStei, y ~nstruct t:~is ci. fy in accordance with th~ plans and ~pecificatlons prm~'fad a~ on file in the Office of tl'~. City ~anagmr of said (~) ~,e City Co~i~sion of amid City ~hail i~iatmlt drop present action t~en to att~pt to exc!udm the N~ro section from the corotar, limits of the City of belray 5~ch. Florida. (3) ~.e City Co~2ssion of said City ~ i~iaiml~ ap~int a five (5) me.er' committe, to investigate the ~ays and ~ea~ to obtain a N~ro oc.an beach mnG ~ke it~ reco~endations to fha City L~aqum a~ ~B~ 3. HOL~ND. (4) ~e C~ty Co. is.ion of ~aid Cit~ ~hall t~. i~iatm to attempt to ~eil the One Hu~r~ (t00) feet of ~ean pz'o~rt~ de.i~at~ for N~ro ~e in the .icir~ty of Ocm~ ~idge, F!o~i~ an~ ~ke the process resu!ti~ from aucn a sale available for ~e by said Co~ittee as it ~y hereinafter ~e, in turn, speaki~ as Agents ~d Representatives of t~e N~ro citiz~.s of thzs e~unity, as well am fo~ the Ch~hem, Schools ~nd C~vie Groups, hereby a9~ee that we ~11 premezve ~e ~ATUS Q~ Detween the and the ~ites in the Delray B~ch area. ~e wish to state that it ia not our desire to s~m with the Whit,s; to '~e the munici~l ~olf c~r,e, ~oi o~ o~er m~ici~l fmci!ttie~ co.only ~ solely by the ~ite~ and ~ wish to assure the ,,~,y Co~ismion t~t we ~ill ~t do anything ~at will Mm ~r ~.troy ~e e~nomy of City of De!ray B~c~, Florida. R~apectfull~ su~itt~ i~ go~ faith. ~, the he~ei~fter named Commis, ioner~ of the City of D~lra.~ ?lorida im the n~e of ~ne City c~f belray Beach, glo~ida individual ~a~citie~ hereby a~ee to the provil~o~ ~ta.'t~ the te~s set forth a~ a~ree to take !~ediate ao~ioa 'to ef~ the obli~ati~ ~ have hereu~e~ Si~, aece~, ratified and appro'~ thi~ Z~ ~ay of 3ul~, A.D.