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02-23-76 FEBRUARY 23, 1976 A regular meeting of the City Council of the City of Delray Beach, Florida, was held in the Council Chambers at 7:30 P.M., Monday, February 23, 1976, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, and Council members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Aaron I. Sanson, IV, present. 1. The opening prayer was delivered by Dr. Wallace Mast, Church ~{ the Palms of Delray Beach~ 2. The Pledge of Allegiance to the Flag of the United States of America was given. 3. The minutes of the regular meeting of February 9, 1976 and the recessed meeting of February 10, 1976 were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Randolph. Mr. Sanson suggested the City Clerk's office be instructed to insert a sentence in Item (13) of the minutes stating that Mr. Gent's first motion was amended by his second motion. 4.a. Mayor Scheifley read a Proclamation proclaiming the month of March, 1976 as the beginning of Energy Action in Florida. 4.b. Mayor Scheifley read a Proclamation proclaiming the week of February 23, 1976 as Disabled American Veteran Week. 4.c. Mayor Scheifley reported the CommUnity Chest has requested permission to extend their drive for one week. He stated they ate near their goal and they would like the opportunity to solicit for one more week. The City Attorney stated under the Solicitations Ordinance, a drive can only last for two weeks; a new permit must be applied for prior to receiving an extension. Mr. Gent spoke as a member of the Solicita- tions Committee and stated they voted unanimously to approve a new permit, not an extension, and they recommended the City Council vote to approve it subject to their making the formal application for one week. Mr. Gent stated it should be noted that the Poppy Day drive is the 27th and 28th of February. The City Attorney stated approval could be granted~Up to those dates. Mr. Gent moved to grant approval until the 26th of February, seconded by Mrs. Krivos. The motion passed unanimously. 4.d. Mr. Gent reported the Area Planning Board, last Wednesday, at their February meeting, certified the new estimates of population of all the municipalities and the County of Palm Beach as of April 1, 1975. He said the City of Delray Beach has been certified as having at that time 13,903 dwelling units and a population of 33,674. 4.e. Mr. Gent stated he had asked two weeks ago and he was asking again tonight where are the workshop minutes of the meetings of January 5, 19 and February 2, 1976. The City Manager stated he had them and would pass them to Council. 4.f. Mr. Sanson asked Mr. Gent if the Area Planning Board had given indication that the figure of 33,674 was the permanent population of Delray Beach. He replied in the affirmative. 4.9. Mrs. Krivos spoke on the Southwest Drainage Project which was completed at a cost of $1,800,000. This prQject was authorized by Resolution No. 27-72 dated June 14, 1972; th% amount of construction carried interest at 8% per year payable in three equal installments by the property owners. The City Engineer has advised tl~dt the project was completed on November 14, 1973, approximately two and one-half years ago. She said the assessment roll has not been billed, which is the largest assessment roll ever to have been completed for %ne City of Delray Beach. All legal descriptions and square footages were contained in Resolution No. 27-72. Mrs~ Krivos stated simple interest shows the City has already lost $360,000. She asked the City Manager why the assessment roll has not been billed in two and one-half years. The City Manager state~th~iSou%hwest Drainage Project was being prepared when he became City Manager; the project was completed and thc assessment roll is in the preparation stages. He said it has not reached his office yet. '~i~he Finance Department has informed him that computer complications have ~,revented the-completion of the assessment roll, along with several other ~'~inor problems. Mrs. Krivos asked why it has taken two and one-half ?ears to compute the costs. The City Manager said he had been informed .~'~f this approximately two weeks ago by the Finance Department and he l~as not had time to check into it. Mr. Gent asked the City Attorney what ~he responsibility of the person was who has sold their home and lot to ~omeone else, perhaps two years ago; is the new owner responsible for ¥~hat the previous owner should have paid. The City Attorney stated since the assessment roll had been completed, under most real estate contracts in this area, the person who is buying the property would be responsible for liens that are pending at the time of the contract of sale and closing; the person who is selling is responsible for liens that have been re- corded. He said he would have to check the Charter in effect at the time the particular transaction arose. ~.h. Mrs. Krivos said she had been contacted by Mrs. John Herman concerning the Delray Taxis. Mrs. Herman said she could not get taxi service and was cursed by the operator on the telephone. Mrs. Krivos ~aid she has been informed the taxis are dirty. She said under Section 26-4 of the Code of Ordinances that the taxis are to have the insurance ]<~licies deposited with the City Clerk; she asked if this was being done. ~J~e City Manager said he would check the matter. The City Clerk stated the certificates are on file. Mr. Sanson said the state of the taxicabs in this City has ~%~-~ brought to his attention by a very knowledgeable citizen of Delray. l.~r. Sanson said apparently there are quite serious violations by theI ~.a>[icabs. He said he understood the City is, to a certain degree, res- }'~nsible for running routine inspections on the taxicabs which have not ~.<i~n given on a regular basis. He requested this matter be scheduled for ~iuture workshop agenda. Mr. Sanson publicly commended Mrs. Kay Larche and Mrs. Jean ~?'~'3~er for their efforts to contact every homeowners' group and special interest group in the City to have them have a representative in at,end- urance for the meeting of the Planning and Zoning Board's meeting on {he 701 Project. The results of their efforts were representatives from 17 £:roups at this meeting. ~.k. Mr. Sanson asked for a status report on the City's insurance; he said it was supposed to be cancelled as of April 1, 1976. The City 3~anager replied it was too complicated to present at this meeting, but ~he matter was being handled by Mr. Siver, the city's risk management consultant, Mr. Galloway, the local insurance carrier, and the Finance t~epartment. This matter will be presented at a.workshop meeting very shortly. ~.1. Mr. Sanson asked for a report on the status of the investiga- ¥.~-~. The City Attorney replied there is a list of about 14 organizations %hat have been contacted; several interviews are set up for next week. ~%e City Attorney stated no decision has been made as to whom he would ~i~commend. He estimated it would be approximately two more weeks before ~.~ could make any recommendation. He further stated the U.S. Attorney's ~.lfice in Miami, several police organizations and the F.B.I. have been ~3~tacted, but none have had any recommendations as to an organization ~.~t could do this study and investigation. Mr. Sanson stated ther~ is a bill on the agenda to be paid ~o Candeub, Fleissig & Associates in the amount of $1,710.40; he said ~!~ was very disappointed in this amount for the type of presentation ~:.de by the firm. The City Attornc~ stated the original bill was $2,304.75 ~.~]~ich was reduced to $1.710.40. Mr. Sanson stated Council received a letter from the South ¥"i'~ida Regional Planning Council on February 10, 1976 from Virginia ~o~ng, the Chairman of that Council, requesting that the City of Delray -2- ' 2-23-76. Beach participate by giving~itten comments concerning policies being set in the State Comprehensive Land Use Plan. He stated he would like to see the City Council react to this request. The Planning Director stated the staff is presently reviewing the plan which is comprised of several hundred pages. Mr. Sanson moved that Council request the Planning and Zoning Board to meet in special session to consider this matter, seconded by Mr. Gent. The motion passed unanimously. 5.a. Mr'. Irwin W. Kresser, 234 N.E. 17th Street, Delray Beach, asked why the City is planning to fill the municipal pool on the beach to make it into a park. He asked why Mayor Scheifley said he did not want the pool at the present location. He spoke in favor of restoring the pool and opening it to the citizens. Mayor Scheifley asked Mr. ~resser to see him tomorrow morning and he would be glad to discuss the ~ntire matter with him privately. ~.b. Dr. Andrew Hall, of the First Baptist Church, representing the Ministerial Association, stated the Church has been broken into four times or vandalized since October, 1975. He said the Police Depart- ment has always been cooperative and responsive when notified of these breakins. Dr. Hall asked if it is possible to have someone in residence in a trailer.on the property to protect the Property and make it less vulnerable. He said he had been told by Mr. Reid of the Building Depart- ment that the City Code does not allow trailers in the City. Dr. Hall said he has been informed that their church is only one of many churches in Delray that are being constantly bombarded by breakins and vandalism. The only exception to this is the Church of the Palms; the reason, it is assumed, is that residents are on the grounds. He said the Ministerial Association is questioning why the schools are allowed to have trailers on their grounds and the churches cannot. Mayor Scheifley asked the City Manager to check into this matter. The City Manager repliedlperhaps all of the schools and churches should have trailers with facilities to house residents. He suggested the Planning and Zoning Board, the police personnel and the City Manager should consider the matter and report to Council. 5.c. Mr. John Banting, 946 Tropic BoulEvard, Delray Beach, asked that Council give serious consideration to the revamping of the Civil Service Board. He said only a very naive person would believe that any- one could get a fair hearing from the pre~ent Civil Service Board. He said it should be composed of persons who are not employed by the City. He said a number of employees have talked with him lately about the futility of the Civil Service Board. He said he believed unless the City acts upon this matter that there would be a very serious union problem in Delray Beach. Mr. Gent requested that this be placed on the workshop meeting next Monday. Council agreed with Mr. Gent. 5.d. Mr. Ed Lucas, High Point, Delray Beach, representing the Chamber of Commerce, said he was Chairman of the Delray Affair Committee. The proposed dates for the Affair are April 23 - 25, the weekend after Easter. He asked for Council's general endorsement of the Affair and stated this year the Committee would present trophies for the best displays and for the best of show. Mayor Scheifley said the City Council would extend their full cooperation. 5.e. Mr. William Howard, 200 N.W. 2nd Street, Delray Beach, asked that signs be placed on Atlantic Avenue saying "Do Not Block the Inter- section". He said cars block these intersections and pedestrians cannot cross. Mr. Gent said his office was located at Venetian and Atlantic Avenue and there is such a sign there, but the intersection is always blocked. 5.f. Rev. Semmie TaylOr, 1437 S.W. 3rd Street, Delray Beach, said many persons have tried to bring complaints to the attention of Council in the past, but stated the mair purpose of his appearing tonight concerned the Fire Department. He said sometime ago he had told Council the Fire Department was in the same shape as the Police Department. He has been asked again to bring this to the attention of Council. Members of the Fire Department are requesting that if the Police Department is being -3- 2-23-76. ~nVestigatDd, .~hat the Fire Department be investigated also. He stated !~ii~C~i~h~to his information, about 75% of the individuals in the Fire i~?ePar~ment ~feel the investigation is a necessity. The morale is very iow and they feel the administration is setting a bad example. Rev. ~?ayl'or stated he felt very disappointed in the things that have happened i~ the City recently. He said he felt a communication gap was partly ~sponsible for what is happening. He asked City Council and Administra- tion consider the request for the Fire Department. Mrs. Krivos asked ~t~at this matter be discussed at workshop. Mr. David Ekvall, 1004 Island Drive, Delray Beach, Campaign ~anager for Mrs. Krivos, stated he felt someone in the administration or the Council should be commended for their apparent offer of a position w~h the Sheriff's Department for a patrolman who is no longer with the City. He said he did not know who it was, but he asked who might be ~banked for this action since he has been extremely interested in helping ~'~.~e men find jobs, or to help the officers who are presently employed to keep their jobs. He asked Council if anyone had any comment that they could make on the offer of a job to this recently unemployed patrolman. ~ one responded. 6~a. The City Manager stated there are proposed agreements between ~)~ 'City and an organization that plans to construct a shopping center ~t the northeast corner of West Atlantic Avenue and Military Trail. The a~eements concern the providing of water and sewer service to the area %~ch is located outside of the City. The agreements include the future a~'~exation to the City when the property becomes eligible. The sewer s~rvice agreement requires no out-of-pocket expense to the City. The ~eveloper will construct a sewage treatment plant on the site at his ~k%~ense, and will dismantle and remove it at the time the new sewage treatment plant is constructed and in operation. The City will operate the interim treatment plant as they do all others. The developer w~l1 c~3nstruct a lift station and a force main to serve the area; should the (il~ty desire to take over these facilities within a 6 year period, the C~ty would be obligated to pay 66% of the construction costs of these ~..acilities. If the City does not take them over within the first 6 year period, then the facilities become City property at no cost to the City. ~]~ source of water supply presently exists on West Atlantic in the vicin- ity of High Point. The ~eveloper will advance to the City sufficient ~]ey to cover the cost of the installation of a water main westward to ~iitary Trail which would serve the property. Prior to the time the City would award a contract for this installation, sufficient monies w~ld be deposited by the developer with the City to cover the amount of ~e contract. The Engineer's estimate for this particular part of the construction is $102,000. There is a provision in the proposed agreement ~ reimbursement to the developer over a 10 year period of the amount of ]~ney advanced to the City for the construction of this water line. He c?.~lained the schedule of charge to the developer, which would call for ~L~ developer to pay a total of $34,000, with $17,000 to be reimbursed (,n the water construction. The City Attorney explained several changes ~e on the agreements. Mayor Scheifley asked how long it would take t¢~ complete the shopping center known as Delray' Square. Mr. DeWitt Nunn, ~c~umental Properties of Baltimore, Maryland, said the organization plans · i~o have the sewage treatment plan in operation sometime before the end of 1976. Mr. Gent reported that Delray Square Association, Ltd. did ~e~ition through Russell & Axon as their agent the Area Planning Board for this project; a public hearing was held February 18, 1976 at which -t~ APB passed unanimously on this motion stating "This interim plant ~11 meet the required affluent limitations for ocean outfall disposal ~ccording to the adopted Water Quality Management Plan. The applicant ~.as obtained and executed the required developer APB Interim Wastewater ~,~reatment Agreement which states: 1 - minimum degree of treatment - 90% i~OD~ and SS removal; 2 - removal of interim plant when the regional system ~ operational; and 3 - the cities of Delray Beach and Boynton Beach will ~a~, operate and maintain said plant". Mr. Sanson stated he felt this .~eement demonstrates to Council the need to think very seriously about 3etaining a new engineering firm for this town. He said Russell & Axon i.~ just as interested in a developer they represent as they are in Delray ~aach. He said if he had known about this in the beginning, he felt (~¢~ncil should have demanded that Russell & Axon decide one way or the ~t~er who they would represent, but not both parties. Mr. Sanson asked 2-23-76. the City Attorney if it is fair to say that it was very hard on his office to execute this agreement under the conditions where he is supposed to protect the interests of Delray Beach. The City Attorney replied he made every effort 'to protect the interests of Delray Beach no matter who is involved in a contract. He said he had a lot of questions with regard to the contract and it was discussed by several city departments as well as the Russell & Axon firm. Mr. Sanson asked the City Attorney if it were not true that it would have been easier for him to protect the interests of Delray Beach if he had not had to worry about the fact that Russell & Axon were also representing the developer. The City Attorney replied he relied upon consulting engineers for technical information as well as the City's Utilities Department. The City Manager said regard- less of who is involved, the first responsibility of the City Manager ~nd the City Attorney is to the City of Delray Beach. Mr. Sanson stated ~he point he was trying to make is that if the circumstances were dif- ferent with this co~tract, one of the first persons mentioned would h~ve ~een the firm of Russell & Axon as the City's consulting engineers. The £ity Manager did not mention them and that is Mr. Sanson's point. He said it is obvious when they are trying to please two employers on opposite sides of the fence, they cannot do justice to either side. The City Manager stated it is his impression that arrangements were being made for Russell & Axon to work for the City and not for the developer in this instance. Mr. Klinck of Russell & Axon stated his firm is not represent- ing the developer in this instance. He explained the background of the situation. The City Manager explained the City has a fairly standard form of agreement for this type of service. After further discussion, Mr. Sanson summarized his statements by saying he felt Russell & Axon should have excused themselves from involvement with one party or the other. He then expressed concern over the fact that this very large complex will be built and then possibly annexed at a later date. He asked what would happen to the normal controls of the City, i.e.,.sign ordinances, landscape ordinances, the Community Appearance Board,,set back requirements, etc. Mayor Scheifley answered that if the complex meets the County standards and is annexed, it will have to be accepted as it is. Mr. Sanson asked why some of the major requirements of the City could not be written into the contract at this point. The City Attorney said there is a possibility some things could be put in the agreement, but stated the City does not have jurisdiction to enforce the normal building requirements, site plan requirements, etc. in these agreements. Mr. Nunn stated his company has built Dadeland and ~estland Shopping Centers in Miami and said they far exceed the requirements of the City of Miami concerning landscaping, etc. Mr. Gent moved for the adoption of Resolution No. 13-76, seconded by Mr. Randolph. Upon roll, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. Following is the caption of Resolution No. 13-76. A RESOLUTION OF THE CITY. COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTION OF THE WATER AND SEWER AGREEMENTS BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AND DELRAY SQUARE ASSOCIATES, LTD. (Copy of Resolution No. 13-76 is attached to the official copy of these minutes.) 6.b. The City Manager reported Mrs. William A. Moyer ha= =ubmit%ed her resignation from the City's BeautificatiOn Committee. The Committee has recommended that Mrs. Peter Fletcher be appointed to serve the unex- pired term of Mrs. Moyer which ends on April 12, 1976. Mr. Sanson moved for the appointment of Mrs. Peter Fletcher to fill the unexpired term of Mrs. Boyer on the Beautification Committee, seconded by Mr. Gent. The motion passed unanimously. 6.c. The City ~anager reported the attorneys have finalized the legal instruments for the City of Delray Beach to sell the City of Boynton Beach an undivided one-half interest in the approximately 34 acre sewage -5- 2-23-76. ±reatment plant 'sit~=fo~he !s~n~of~_,.$300~Q00 which was agreed to by the City Councils of Det~ray~Beack and Boynton. Beach some time ago. The City ~.ttorney said he spoke-to the City Attorney of Boynton Beach who said 3~ did not feel he could ~ecommend the contract ko the City Council of }/,gynton Beach concerning that portion of the contract having to do with t~e interest on escrow funds on the deposit. The City Attorney said he i~d put in the contract that Detray Beach would be entitled to all interest ~ccrued on the deposit p~ovided that the transaction was properly closed. ?~ynton Beach's City Attorney wanted to have Boynton Beach receive all interest on these funds. The City Attorney stated Delray Beach would ~t be agreeable to anything less than a 50-50 split to which the Boynton City Attorney agreed and said he would recommend this to his Council. ~e City Attorney said on the $300,000 amount, the interest would be ~proximately $60 per day; on the $30,000 account, the interest would be approximately $6 per day. The City Attorney suggested the following to COuncil: that the interest on the deposit money be split 50-50 with ~oynton Beach; that once ~he transaction is closed and providing the ~itle search shows that the title is free and clear, the City of Delray ~ach should receive the interest on the balance of the $270,000. Mrs. f<;rivos moved to authorize the execution of the contract with Boynton ~aach for the purchase of an undivided one-half interest in the 34 acre ~wage treatment plant site with the interest, to be divided on a 50-50 ~sis on the entire amount of interest, seconded by Mr. Gent. Mayor ~heifley stated this matter has been botched more than any other matter %hat has come before Council. He said if Council had taken a firm ~sition on the matter, the City of Delray Beach would have received ~'~%e asking price of $340,000; he said the contract should have been com- ]~leted at least 6 months ago because of the interest. Mr. Gent pointed ~,~t that all five members of Council voted unanimously for the sale of ~ property and he felt if Delray Beach and Boynton Beach are to be j~0~int owners, then they should share in all monies. Mr. Sanson stated he ~it $40,000 would be a small price to pay for the future environment o~ the area and he wanted to have the plant built as soon as possible. ~)D~n roll call, Council voted unanimously to pass the motion of Mrs. ~:~vos. The City Manager reported bids have been received for the 'J..~m.tallation of sanitary sewers in the Area 12--Jefferson Manor area. 'x'2~e~ Engineering estimate that was prepared some time ago for this pro- j~ was $600,000. The low bid total to the two contractors totals $~2~9,013.15, which is about $170,000 less than the amount previously ~!~ocated for this project. The City Manager read the tabulation of bids (~y of which is attached to the official copy of these minutes. The C!ity's Engineers have recommended that the contract be awarded to the )~¢,~ bidder in each instance and the City Manager's office concurs with i~!~ consulting engineers in their recommendations. He stated a permit $~ been obtained from the Florida Department of Environmental Regula- i~Jo~ that will permit immediate connection and use of the sewer system ~for to the time that the Regional Treatment Plant is constructed and ~ operation. The City Manager recommended that two contracts be awarded: ..-~-Orton Construction Company - $378,-488.15 (gravity sewers); and 2 - n.-p~halt Paving Company - $50,525.00 (lift station and force main). Funds ~ii1 come from the $5,000,000 Water and Sewer Revenue Bond Issue. Mr. ]~adolph moved that Council award contracts as outlined by the City ;.~.ager for the installation of sanitary sewers in Area ].3 Jefferson ~or Area with a note that the number of days ~.~iii ~ red~]ccd from 360 =~ ~o 180 days, seconded by Mrs. ~v~ The motion passed unanimously. ~e. Yhc Cjey Massager reported Dr. Warren Nubern has resigned from '~i'7~~ De!ray B~ac~ Housing Authority; his term e~pires July 14, 1976. The ,cusing Authority at a meeting held on February 17th submitted the names ~.f Michael C. B~ody and Robert Levy for Council consideration as a possible i~i'~.lacement for Dr. Nubern. Mr. Robert Levy, Executive ~irector of the ~?a~lm Beach County Housing Authority, stated he would like Council to know ~.,~at the County Housing Authority is very aware of the difficulty in ~>~ganizing a new housing authority and they wish to be of service. He :~%ated he would prefer to withdraw his name for consideration in deference ~i~ a local individual who is active and has a fine background. He said :~!~s services are available to the Delray Beach Housing Authority. After -6- 2-23-76. .~i-s~ussion;~Councilmembers~'eXpressed'-th~.~de~ire~nfo~,h'a-~%h~5~ MRydMr!a~d-in~t ~Mr~ Michael'Brody~ Mayor Scheifley ~asked the Cit~.~Manager~'toTPrepare a letter for his signature appointing Mr. Brody to the Housing Authority. Mayor Scheifley appointed Mr. Michael Brody to the Delray Beach Housing Authority for the unexpired term of Dr. Warren Nubern subject to Council approval. Mr. Randolph moved that Council approve the appointment of Mr.. Michael C. Brody to the Delray Beach Housing Authority,~seconded by Mr. Sanson. The motion passed unanimously. 7.a. Mayor Scheifley acknowledged the minutes of the Beautification Committee for the meeting held on February 4, 1976. 8.a. The City Manager presented Resolution No. 12-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ASSESSING COSTS FOR ABATING NUISANCES UPON CERTAIN LANDS LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS INCURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LEVYING THE COST OF SUCH ABATEMENT OF SAID NUISANCES, AND DECLARING SAID LEVY TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHOWN BY REPORT-OF THE CITY MANAGER OF DELRAY BEACH, FLORIDA. (Copy of Resolution No. 12-76 is attached to the official copy of these minutes.) Mrs. Krivos moved for the passage of Resolution No. 12-76, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 0 8.b. The City Manager presented Ordinance No. 3-76. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ~4ENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH, AS AMENDED, BY DELETING A REFERENCE NOTATION IN SECTION 29-6.2(C) (7) "CONDITIONAL USES" IN SC SPECIALIZED COMMERCIAL DISTRICT, AND BY AMENDING ~' SECTION 29-6.3(C) (6) "CONDITIONAL USES" IN CENTRAL BUSINESS DISTRICT BY CHANGING RM-20 MULTIPLE FAMILY ZONING DISTRICT TO RM-15 MULTIPLE FAMILY ZONING DISTRICT; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 3-76 is attached to the official copy of these minutes.) The City Manager read the caption of the ordinance. A Public Hearing was held, having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr. ~ent moved for the passage of Ordinance No. 3-76 on second and final reading, seconded by Mr. Randolph. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a vote of 5 to 0. 8.c. The City Manager presented Ordinan6e No. 4-76. AN ORDINANCE OF ThE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, RELATING TO THE GOVERNMENT OF THE CITY OF DELRAY BEACH: PROMULGATING, ESTA- BLISHING, AND PROVIDmNG A REVISED CHARTER OF AND FOR THE CITY OF DELRAY BEACH: PROVIDING FOR A REFERENDUM TO VOTE ON SAID REVISED CHARTER MARCH 2, 1976, AND PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 4-76 is attached to the official copy of these minutes.) --7-- . 2-23-76. . c~pt~o~" O~~ %h~~ oTdinanCe ,~'! ~. ~Ublib-~ Haaring ~wa:sl held, .hav'ing b~. 1,e'q~ly'%~%r~t"is~d :i~'~ompliance with the: l~ws of the State ~f Florida'. and' :the :Char~te~r '~f the City of Delray Beach. There being no objections, the Public Hearing was closed. Mr. Randolph ~oved for_the passage of Ordinance No. 4-76 on second and final reading, :~econded by Mr. Sanson. In response to Mr. Sanson's question, the City Lttorney stated the-only way the Char.ter:could be' changed in the future '~;ould be by referendum. Mayor Scheifley asked if a-partisan election ::'~.ould' be combined with a non-partisan election.-' The City Attorney replied as far as he knew, this' would be. acceptable if the ballots were structured properly. The City Attorney explained~the Home Rule Act was intended to allow cities which were created by special act of the Legislature, by charters, to change their charters by ordinance instead of going back to the Legislature for a new act; should a city elect to submit those charter changes to the voters and the voters elect to accept the charter, the City Council, in accordance with the opinion of the Lttorney General, cannot thereafter change the charter by themselves. It requires a vote of the citizens to change it. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a'vote of 5 to 0. ~!..d. The City Manager presented Ordinance No. 6-76. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING CHAPTER 29 "ZONING CODE" OF THE CITY OF DELRAY BEACH AND ADOPTING A NEW ZONING CODE AS SET FORTH HEREIN ADOPTING BY REFERENCE AN OFFICIAL ZONING MAP PROVIDING FOR THE ADMINISTRA- TION AND ENFORCEMENT THEREOF; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FURTHER FOR THE AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE, AND FOR OTHER PURPOSES. , The City Manager explained this is one of the fourteen required elements of the City's Comprehensive Plan. The City Manager read the ~aption of the ordinance. The City Attorney explained the new zoning L,ap that is being adopted by reference in the ordinance. He recommended Council delete any reference to Florida Statute 163 on page 11 of the ordinance because of some litigation in which the City is involved; also (!~elete reference to Chapter 163 of the Florida Statute on page 99 and <ia.lete reference to Chapter 176 on page 99. Mr. Kotulla, Planning ~ )~irector, said GC is basically what was knowh as C-1 Limited Commercial i~istrict. Limited Commercial was an improper name because of the uses ~.!lowed; it was felt General Commercial would be applicable to the uses. ~.~k?. Kotulla explained the uses shown on the new zoning map. Mr. Gent ]~ved for the adoption of Ordinance No. 6-76 on first reading, deleting ~'.~ferences to State Statutes, Chapters 163 and 176 throughout the ordi- 3,.~nce, seconded by Mrs. Krivos. Upon roll call, Council voted as follows: i~'. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - Yes; ~i~yor Scheifley - Yes. The motion passed with a vote of 5 to 0. i.e. The City Manager presented Ordinance No. 8-76. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOTS 9 & 14, LAKE SHORE ESTATES, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID.LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. This request for annexation is subject to R-1AA zoning which is ~o~',patible with adjacent properties in the City. The' City Manager read ~1~i~ caption of the ordinance. Mr. Gent moved for the adoption of Ordinance !~. 8-76 on first reading, seconded by Mr. Randolph. Upon roll call, ~.:,.~uncil voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Ran- c~i~lph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed ,,,ith a vote of 5 to 0. -8- 2-23--76. 9.a. The City Manager reported the Planning and Zoning Board has recommended by a vote of 5 to 1 that a sizable tract of land located at the N.E. corner of the Intracoastal Waterway and N.E. 8th Street be rezoned from SC (Specialized Commercial) to RM-15 (Multiple Family). The reaction of the owners and the owners of other properties in the area appears to be mixed. It is therefore recommended that Council refer this item to a future workshop meeting at which the various parties of interest can be invited to appear. Mrs. Krivos moved thls item be referred to a workshop meeting, seconded by Mr. Sanson. The motion passed unanimously. Mr. Sanson said he would like to have Council consider rezoning this property to RM-10 and stated he would present his reasons at the workshop meeting. 9.b. The City Manager reported the Planning and Zoning Board at a meeting held on February 17th recommended by unanimous vote that the request for conditional use and site plan approval for a dental office building for Dr. Joel R. Hord in Section 9-46-43, located on the west side of N.E. 5th Avenue between N.E. 5th Street and N.E. 6th Street in the C-1 (Limited Commercial) District be approved. Mr. Gent moved that Council sustain the recommendation of the Planning and Zoning Board, seconded by Mr. Sanson. The motion passed unanimously. 9.c. City Manager Mariott reported the Community Appearance Board at a meeting held on February llth recommended by unanimous approval that the plans for a new sign at Carter Jewelers, 508 East Atlantic Avenue, be approved. Mr. Sanson said he felt Council was in error in simply accepting all of the items presented by the Community Appearance Board without even checking the items. He requested that the items be presented at workshop so Councilmembers would know what they are voting on. The City Manager said ideally the items should appear before Council at a workshop meeting, but it might cause delay on small items, such as a small sign installation. Mr. Sanson stated the City Attorney has indicated that the ordinance could be amended to relieve the burden being placed on Council. He asked that the matter be scheduled for a workshop meeting. Mr. Sanson moved to sustain the recommendation of the Community Appearance Board, seconded by Mr. Gent, said motion passing unanimously. 9.d. City Manager Mariott reported the Community Appearance Board recommended by unanimous vote that the plans for a new sign at the 76 Station, 2 S.E. 6th Avenue, be approved. Mr. Randolph moved to sustain the recommendation of 'the Community Appearance Board, seconded by Mrs. Krivos, said motion passing unanimously. Mr. Sanson asked the City Manager to request the Building Inspection Department to look at the Station to check on their parking area and possibly too many signs. 9.e. The City Manager reported the Community Appearance Board recommended by a vote of 3 to 0 that the plans for a sign change at the Amoco Station, 959 S.E. 6th Avenue, be approved. Mrs. Fry abstained. ~Mr. Gent asked why Mrs. Fry abstained. Mr. John Watson, one of the partners in the Florida Coast Oil Company, stated Mrs. Fry abstained because she had not had the opportunity to see the location. Mrs. Krivos moved to sustain the recommendation of the Community Appearance Board, seconded by Mr. Randolph. The motion passed unanimously. 9.f. The City Manager reported the Community Appearance Board recommended by unanimous vote that the plans for a new awning at Gloria's Dress Shop, 1636 South Federal Highway, Delray Mall~ No. 2, be approved. Mrs. Krivos moved to sustain the Lrecommendation of the Community Appear- ance Board, seconded by Mr. Gent. The motion passed unanimously. 9.~_i City Manager Mariott reported the Community Appearance Board recommended by a vote of 3 to 0 (Currie abstaining) that the sign permit requested by MacLaren Sign Company for The Carlton Spa, 640 East Atlantic Avenue, be approved. Mr. Randolph moved to sustain the recommendation of the .Community Appearance Board, seconded by Mr. Gent. The motion passed unanimously. -9- 2-23-76. · ,64 9~.h. 7~ The City Manager repdrted thet¢ommunity Appearance Board ~ecommended byldnanimous vote ~hat~the sign P~rmit.~requested by Bishop f!igns~,~ Inc. for~the Ctock.Restaurant,.809~S.E.~5th Avenue, be approved. ~rs. Krivos moved to sustain the recommendation of the Community Appearance ~oard,· seconded by Mr. Gent, said motion passing unanimously. !0. ~ ~ Mr. Gent moved for approval~of ~he bills with the exception of i~The--ck No. 13773 to Candeub, Fleissig & Associates for $1,710.40, seconded by Mrs. Krivos. The City Attorney explained Council did engage the services of Candeub, Fleissig & Associates to make the presentation on the Hoffmann case. He said when he received the invo~.ce, he felt it was high and called Mr. Serafin Leal. The City Attorney requested a reduction on the bill in that certain parts of the work were not authorized; Mr. Leal made a reduction of approximately $500 on the bill. The City Attorney said on that basis he would recommend approval. Mr. Sanson stated he would support Mr. Gent's motion; he said he felC Mr. Leal should come be- fore Council to justify the charge for the service performed. The City Attorney said he would inform Mr. Leal of this request. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Ran- dolph - No; Mr. Sanson - Yes; Mayor Scheifley - No. The motion passed with a vote of 3 to 2 .... General Fund'. ............ $297,195.73 Water and Sewer Fund ......... 11,803.77 Special Assessment Fund .... ~.. . 7,000.00 Cigarette Tax Fund .......... 11,992.92 Utility Tax Fund ........... 50,000.00 Cemetery Perpetual Care Fund ..... 1,900.00 Improvement Trust Fund ........ 377.25 Beach Restoration Fund ........ 619.90 Lowson Blvd. W&S Project Fund .... 12,000.00 (11.) The City Attorney reported there is a hearing set for March 3, 1976 on the Local Option; the hearing will be held at 11:00 A.M. in Orlando, Florida. He stated he would report on the results of the hearing. (12.) The City Attorney stated he had spoken to Mr. Clyde Taylor of the Department of Transportation concerning the request Council had with regard to parking on A-1-A. The Department of Transportation ~as refused to make any change in the original grant of approval they gave to the City of Delray Beach. Therefore, the weight limit in the ordi- nance will remain 8,000 pounds. Mr. Sanson asked that additional signs - be placed on the beach parking area. The meeting was adjourned at 10:17 P.M. · City Clerk ~PP ROVF_~: -10- 2-23-76. 64A RESOLUTION NO. 13-76. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING THE EXECUTICN OF THE WATER AND SEWER AGREEMENTS BETWEEN THE CITY OF DELRAY BEACH, FLORIDA, AND DELRAY SQUARE ASSOCIATES, LTD. WHEREAS, the City Council of the City of Delray Beach, Florida, deems it in the public interest to extend its water transmission main system and its sewea~ service facilities to service "Delray Square", a shopping center complex at Military Trail and Delray Road West, in Palm Beach County, but not presently within the City limits of Delray .Beach, Florida, as set forth in the attached Agreements, and accordingly to enter into the attached Agreements with Delray Square Associates, Ltd. , NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY. OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Beach, Florida, concurs in the provisions of those certain Agreements attached hereto, pertaining to the extension of the City's water transmission main system and its sewer service facilities to "Delray Square", a shopping center complex at Military Trail and Delray Road West, in Palm Beach County. SECTION 2. That the City Council of the' City o~ Delray Beach, Florida, authorizes said Agreements to be executed by a legally designated officer of this Public Body. PASSED AND ADOPTED in regular sessio~ on this the 23rd day of February, 1976. ~ City Clerk . 64B ~., i ~ ' :' i .... :' ~ ~.' RESO~UTiON : ' · ' i , NO'. t2-76 .' ~ ~ .'~ .... ~ ,..~ ~ ~ ~SOLUTION_OF~ THE 'CITY' CO~CIL OF:'T}~ CITY OF DELRAy BEACH,: ~: ~-~ FLORIDA', ASSESSING COSTS FO~~ ABATING ~ISANCES UPON CERTAIN - ~. LA~S LOCATED WITHIN SAID CITY; SETTING OUT ACTUAL COSTS IN- CURRED BY SAID CITY TO ACCOMPLISH SUCH ABATEMENT AND LE~ING THE COST OF SUCH ABATEMENT OF SAID ~ISANCES, A~ DECLARING SAID LE~ TO BE A LIEN UPON SAID PROPERTY IN AN AMOUNT AS SHO~N BY ~PORT OF THE CITY ~NAGE~ OF DEL~Y BEACH, FLORIDA. %~AS, %he City Council of the City of Delray Beach, did, in _ reqular a~ session held on the 24%h day of ~ November_ ~ 1975 declare the existence of a nuisance upon certain lots or parcels of land, described in a list submitted to them, for violation of %he provisions o~ Ordinance N0. G-147; ~EREAS, pursuant ~o such declaration, the City Clerk of said City did furnish each of the respective o~%ers of the lands described in said list with a notice describing the nature of the nuisance and that they must abate Said nuisance within thirty'(30) days, failing in which ~he City Council would have it done, and the cost thereof would be levied as an assessment against said property; and ~EREAS, the o~ers hereinafter named did fail and neglect to abate the nuisance existing upon their respective lands within the time pre-. scribed in said notice and Ordinance G-147, and the City of Delray Beach was required %o and did enter upon the following lands and incur costs in abating the nuisance existing thereon as described in the ~foresaid lis%; and ~EREAS, the City Manager of the City of Delray Beach, has, pursuant %o said Ordinance G-147 and the City Charter submitted to the City CQun- eil a report of the costs incurred in aba~ing the nuisance as aforesaid, said report indicating the costs per parcel of land involved. NOW, T~REFO~, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DEL~Y BEACH, FLORIDA, AS FOLLOWS: 1. That assessments in the individual amounts as sho~ by %he report of ~he City M~nager of the City of Delray Beach, involving the C'~ty's cost of abating the aforesaid nuisances upon the lots or parcels of land described in said report, a copy of which is at%ached hereto and made a part hereof, are levied against the parcels of land described on said report and in the amounts indicated thereon. Said assessments so levied~ shall be a lien upon the respective lots and parcels of land de- scribed in said report, of the same nature and to the same extent as the lien for general city taxes and shall be collectible in the same manner and with the same penalties and under the same provisions as to sale and foreclosure as city taxes are collectible. 2. That th~ City Clerk of said City sh~ll, as Soon as possible after %he effective date, record a certified copy of this resolution in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, and shall furnish to each of the owners named in a-nd upon said report a notice that the City Council of the City of D~lray Beach, did, on the 24~h day of~ Nove~er. 1975 order the abatement of a certain nuisance existing on their described property and property owner having failed to abate such nuisance, with- in the 30 day period, whereupon it was abated by the City at costs shown in said report and such assessments shall b~ legal, valid and binding obligations upon the property against which said assessments are lev~ed. This resolution shall become effective 30 days from the date of adoption, and the assessments contained herein shall become due and payable thirty days after the mailing d~te of the notice of said assessment, after which interest shall accrue at the rate of 6~ per annum on any unpaid portion thereof. PASSED AND ADOPTED in requl~r s~ssi on ~he ~ ~rd ~ day of 64C _ORDINANCE NO. 3-76. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 29 "ZONING" OF THE CODE OF ORDINANCES OF THE ~CITY OF DELRAY BEACH, AS AMENDED, BY DELETING A REFERENCE NOTATION IN SECTION 29-6.2(C) (7) "CONDITIONAL USES" IN SC SPECIALIZED COMMERCIAL DISTRICT, A~D BY ~ENDING SECTION 29-6.3(C) (6) "CONDITIONAL USES" IN CENTRAL BUSINESS DISTRICT BY CHANGING RM-20 MULTIPLE FAMILY ZONING DISTRICT TO ~-15 MULTIPLE FAMILY ZONING DISTRICT~ REPEALING ALL ORDINANCE~ OR PARTS OF ORDINANCES IN CONFLICT HEREWITH; PROVIDING A SAVING CLAUSE. WHEREAS, the City Council of the City of Delray Beach has recommended amending Chapter 29 "Zoning" of the Code of ordinances of the City of Delray Beach, Section 29-6.2(C) (7) "Conditional Uses" in the SC Specialized ~ommercial District by deleting a reference notation that is invalid; and, WHEREAS, the City Council of the City of Delray Beach has recommended amending Chapter 29 "Zoning" of the Code of Ordinances of the City of Delray Beach, Section 29-6.3(C) (6) "Conditional Uses" in the Central Business District by deleting reference to RM-20, which is no longer in existence in the City of Delray Beach, and r~eplacing it with RM-15 Multiple Family Dwelling District zoning; and, · WHEREAS, the ~ity Administration concurs in said recommendations, -NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That Section 29-6.2(C) (7) SC Specialized Commercial District "Conditional Uses" of Chapter 29 "Zoning", as amended, be further amended by deleting the following: ~ Sec. 2.9-6.2 (C) Conditional Us~s (7) Any residential use including boarding houses and other similar uses. ~See-Sec~ ~9-7-(A)-(~)~ SECTION 2. That Section 29-6.3(C) (6) Central Business District "Conditional Uses" of Chapter 29 "Zoning", as amended, be'further amended as follows: Sec. 29-6.3 (C) Conditional Uses (6) Multiple family projects, including hotels and motels, and their attendant recreational and sales facilities. These projects shall comply with the district regula- 'tions' for the RM-~8 RM-15 Zoning District. SECTION 2. All ordinances or parts of ordinances in conflict here- with be and the same are hereby repealed. SECTION 3. If ~any section, subsection., sentence, clause, phrase or portion of thi. s ordinance is for any reason held invalid or unconstitutional by any court o~ competent jurisdiction, such portion shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. 64D SECTION 4. This ordinance shall become effective ten days after passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 23rd day of February , 1976. City Clerk First Reading January 26, 1976 Second Reading February 23, 1976 -2- Ord. No. 3-76. ,~ 64E ORDINANCE NO. 4-76 AN ORDINANCE OF THEiCITY COUNCIL OF THE CITY OF DELRAY, BEACH, -RELATING TO THE GOVERNMENT OF THE CITY OF DELRAY, BEACH: PROMULGATING, ESTABLISHING, AND PROVIDING A REVISED CHARTER OF AND FOR THE CITY OF DELRAY BEACH: PROVIDING FOR A REFERENDUM TO VOTE ON SAID REVISED CHARTER MARCH 2, 1976 AND PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. The revised Charter of the City of Delray Beach which consists of a Table of Contents, designated Charter of Contents and pages 1 through 25 inclusive and Articles 1 through 8 inclusive which is attached hereto and made a part hereof shall be submitted to a referendum of the electors of the City of Delray Beach, Florida, March 2, 1976. SECTION 2. The form of the ballot'to be used in the refer- endum shall be as follows: QUESTION SHALL THE REVISED CHARTER OF THE CITY OF DELRAY BEACH OF 1976 AS SET OUT AND ~ " PROPOSED BY THE CITY OF DELRAY BEACH IN ORDINANCE NUMBER 4-76 ENACTED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH ON FEBRUARY 23, 1976 BE RATIFIED AND APPROVED? FOR THE .REVISED CHARTER ~ AGAINST THE REVISED CHARTER ~ SECTION 3. If a majority of the electors of the City of Delray Beach actually voting on such question in such referendum vote for the approval of the revised Charter, then it shall take effect as provided by Law. If a majority of such electors actually voting on such question in such referendum shall vote against the approval of the revised Charter, then the revised Charter shall be of no force and effect, except as provisions of said proposal revised Charter are carry over provisions from the existing City Charter which shall remain in fu~l force and effect. SECTION 4. That this ordinance shall become effective upon passage on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 23rd day of February , 1976. ATTEST: ,/~ity Clerk First Readinqj. February 9, 1976 ~ _ Second Reading February 64F ', ~rticle I - Creation and Powers 1.01 - Establishment of Municipality 1.02 - Powers 1.03 - Construction · 1 Article II - Corporate Limits - 2 2.01 - Descrio~ion of Corporate Limits 2.02 - Boundaries and Territory of Greater Delray Beach Area 2 2.03 - Voluntary Annexation of Territory by Ordinance 3 Article III - Legislative ~ 4 3.01 - Council-City Manager Form of Government 4 3.02 - Compensation and Expenses 3.03 - Qualifications of Candidates ..... . '. 4 ~.04 - Mayor " 5 3;05 - Prohibitions -. ~ " 6 · .- .3.06 - Vacancies; Forfeiture 6f Office; Fil-ling o~ Vacancies 6 ~ .....3,07'- Procedure - "' 7 ' · 3..08 - Planning & Zoning Board and Board of Adjustment 7 3.09 - Alienation of Public Beaches .. ..Article IV - Administrative & Executive ...-. 8 i. 4~01 --City Manager . .'.. ' 8 . ·...... 4.02'- Appointment; .Removal; Compensation ..- -".; .8 . -- 4.03 'Acting City Manager ... ', 8 '8..04 - Powers and Duties of the City Manager 8 ~ '-. 4.05 - Budget Proced'ure .... . .9 ? 4.06 - Supervision of Departments . · .11 I' .'4.07 - Legal Counsel . 11 4.08 - Legal Counsel Appointment, Removal and Compensation 12 4.09 - Duties of Legal Counsel - 12 Article V - Elections 13 5.01 - Electors ~" 13' 5.02 - Types of Elections 13 '5.03 - Form of Ballots .... 13 5.04 - Elections -.Generally 14 5.05 - Certification of Elections ' 14 5.06'- Judge of Election and Qualification 1'5 '~.07 - Special Elections 15 5.08 - Straw Vote Elections ... 15 5.09 - Recall .. 15 Article VI - Initiative, Referendum '- 16 6.01 - Initiative 16 6.02 - Referendum 6.03 - Commencement of' Proceedings 16 6.04 - Petitions 16 6.05 - Procedure for Filing 17 6.06 - Referendum Petitions; Suspension of Effect of Ordinance . 18 6.07 - Action of Petitions~ 18. 6.08 - Result of Election 19 64G CHARTER CONTENTS ~ · .. pgge Article VII - Transition Schedule : , 20 7.01 - Continuation of Former Charter Provisions 20 7.02 - Ordinonces Preserved 7.03 - Rights of Officers and Employees 20. 7.04 - Pending Matters 20 7.05 - Schedule 20 7.06 - Deletion of Obsolete Schedule Items Article VIII - Municipal Court 22 8.01 - Continuation of Municipal Court -- Appointment of 22 Judge; Qualifications; Compensation--Sessions When -22 ]{eld 8.02 - Municipal Judge -- Powers and'Duties " ' 22 8.03 - Appointment of City Prosecutor and Public Defender; Qualifications; Compensation; Duties 23 8'.0~ - Conyicti~n--Payment of Fines and Costs; Appeal, Time 23 '8.05 - Clerk of Court -- Duties and Powers . 23 .. 8.06 - Arrest--Confinement a'nd Bond [. 8.07 ~ Bonds--By Whom Given; Amounts ~-. 24 8.08 - Same--Forfeiture; Issuance of Capias 24 8.0-9 - Fines and Penalties; Deposited with City Treasurer 24 8.10 - Chief of Police; Duties; Report of Arrests, etc. 25 8.11 - Prisoners Required to Work " 25 8.12 - Fines and Penalties --Remittance ' 25 8.13 - Automatic Repeal .. ·. 25 64H Article I - Creation and Powers Section 1.01 - Establishment and Contlnua~i~0n o~ the City ..of. pe!ray Beach The City of Delray Beach established and Organized by Chapter 25786, Laws of Florida, Special Acts of 1949, as amended, shall continue as a Florida municipal corporation. Section 1.02 - Powers The City of Delray Beach sh~ll have all ~overn3nental, 'corpor- ate and proprietary powers to enable it to condu~t municipal govern- ment, perform municipal functions and render, municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. "*Section 1.03 - cOnstruction ' '-~ The powers of the city shall be constrUed liberally in favor of the city, limited only by the Constitution of the United States and the Florida Constitution, general law and specific limitations contained herein· Special Acts of the Florida Legislature pertain- ing to the jurisdiction and exercise of powers by this city shall be considered amendments to this charter and, pursuant to the provisions adopted for incorporation of other charter amendments, shall be in- corporated as official amendments to the charter. 641 Article II - Corporate Limits Section 2.01 - Corporate Limits The boundaries and corporate limits of-the City of Delray Beach now existing are continued and may be amended from time to time as provided by law. Section 2.02 - Boundaries and Territory of Greater Delrav Beach Area (a) Greater Delray Beach Area 'described. The Greater Delray Beach Area authorized and legally described in Section 6A of Chapter 25786 as amended by Chapter 67-1286, Laws of Florida, both being Special Acts of the State of Florida Legislature, is hereby continued. The part thereof that is not now included in · the corporate limits, to be eventually included into the City of Delray Beach by any of the methods of annexation provided by law. (b) Incorporation into other municipality. None of'the area dontained in the aforesaid described lands shall becom~ a part -of, or be incorporated into, any municipality other than the City of Delray Beach. (c) Exercise of corporate powers. The City of Delray Beach shall exercise no corporate powers concerning the "Greater Delray Beach Area" until the area (or been 'annexed by the City of Delray Beach in the manner hereinafter provided in this section. (d) Annexation by city. The City of Delray Beach may annex the "Greater Delray Beach Area" or any part thereof at any time in any manner then allowed by the Constitution and General Laws of the State of Florida; as well as Section 2.03 of the city charter; provided however, that any area thus annexed must be ad- jacent to and contiguous to the existing limits of the City of Delray Beach. The City of Delray Beach may also annex any real property that is public or quasi-public located in the "Greater Delray Beach Area" which upon annexation would not be subject to direct ad'valorem taxation by the city or thnt is owned by the federal government or any of its agencies, or that is owned by any political subdivision of the federal or state government may be annexed to the territorial limits of and included in the boundaries of the city at any time by ordinance of the city enacted by a major.ity vote' of the city council. 64J Section 2.03 - Voluntary Annexation qf T~rritory by Ordinance (a) Consent of land owners prerequisite to passage on first reading. The City of Delray Beach, Florida, may change its terri-' tori.al limits by the annexation of any'unincorporated tract or tracts of land lying contiguous thereto and within Palm Beach County, by ordinance duly passed, provided however, that before any such annexing ordinance is placed on its first reading by the city council the City of De!zay Beach shall have secured the consent and per~issio] of the owner or owners of any such'tract or tracts proposed to be annexed. " '(b) Publication of ordinance between first and second read' lng. After such annexing ordinance ha~ been placed on its first reading by the city council, and before it is read a second time, said ordinance shall have been published in full one time in some newspaper qualified to publish legal notices and ~u~lished within ..the City of Delray Beach. .. (c). Ordinance to contain boundary statement. Any such annexing ordinance shall state that the boundaries of the City of Delray Beach'are redefined so as to include the tract or tracts of land so being annexed. (d) The methods and procedures set forth in this 'section Shall be in addition to, not a limitation upon, any other manner of annexation provided by general law. 64K Article III -- Legislative' Section 3.0]. -Counci~.-City Maqqger Form of Government.- Term of Office; Number There shall be a~city council with all legisia~ive.powers of the city vested therein. The city c3uncil shall be composed of five council members, all of whom shall be qualified electors and have such other qualifications as are prescribed by law, one of whom shall be duly elected mayor, all of whom shall be elected at large for a term of two years in the manner provided in this charter. The mayor and council members shall assume office on the first Monday in April following their election or on the first Tuesday should the ~first Monday fall on a legal .holiday and then proceed to select.one of their number vice-mayor for a term of one year. In the event a 'vacancy shall occur in the office °f may~r, the vice-mayor shall automatically become mayor. The mayor-council member and two council members shall be elected in even n~nbered years, and two council members shall be elected in odd numbered years, unless a vacancy or vacancies exist, in which event'successors for the filling of any unexpired term or terms shall be elected or appointed as herein provided, in order to carry out the intent and meaning of this charter. ~ .. Section 3.02 - compensation and Expenses o' .. ~he council may determine the ~nnual salary of council ~embers and the mayor by ordinance, but no ordinance increasing such a salary shall become effective until the date of commence- ment of the terms of council member~ or mayor elected at the next regular election, provided that such election follows the adoption 'of such ordinance by at least six months. Council members an~ mayor shall receive their actual and necessary expenses incurred in the performance of their duties of office as provided by law. Section'3.03 - Qualifications of candidates; cessation of gualifi- cations durin~ tenure; oath of office Persons entitled to. hold the e~ective offices enumerated in the foregoing sections, shall have their qualifications,time, 'manner and costs of qualifying as a candidate regulated by ordi- nance of the city.. All candidates shall file their petition as candidates between the hours of ~:00 a.m. and 5:00 p.m. during the dgys of Monday through Friday in the period commencing on January 15th and ending January 31st of the year of the election; provided, · however, no candidate may qualify as a council member and also as mayor. 'Any council member, including the mayor, who ceases to .possess the qualifications which are herein required or shall be 4 convicted of a felony, shall forfeit that office and it shall be th .e_~Uty~6f' th_q remaini~ng ;~_ncmber~ -:gf~ t)~e~..cit°y ~.~°unCilf~t° dO_~!are the office vacant and to proceed to fill the vacai~.-y-a:~'--l)erein provided. Each of the said officers shall perform the duties of their respective offices as elsewhere herein provided or as may be prey. ideal by ordinance or laws of said cii;y, and befor~.~entering-upon the-duties of their respective off-ices:,'they: shall-each take and_ : i:. ;~ ~ "I do solemnly swear (or affirm)that~ ~ will support, protect and defend the Constitution and Government of the United States, and the State of Florida, and of the City of Delray Beach; that I am duly qualified to' hold office under the laws of the State of Florida, the charter and laws of the city of Delray Beach, and that I .will well and faithfully perform the duties of city council member, of the city upon which I am about'to enter, so help me God." S~ction 3.04 - Mayor -' Power and Duties -·. .- · The mayor Shall preside at meetings of the 'council, shall 'be recognized as head of city government for all ceremonial put- , poses, by the governor for purposes of military, law,' for service '~ of process, execution of contracts, deeds and other documents, 'as · the. city official designated to represent the city in all agreements with other governmental entities or certifications to' other ~overn-, mental entities, but shall have no 'administrative duties except as required to carry out the responsibilities herein. The mayor and ~ vice-mayor shall eack have-voice and a vote in the. proceedings of council, but no veto power. In the absence or disability of the .. mayor, or should the mayor refuse to perform the duties imposed on him by law, the vice-mayor shall have all the powers, duties and prerogatives of the mayor~. .- I I , -~ [I I I I I I IIII II ] II III 64M Section 3.05 - Prohibitions (a) Appointments and Removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the city mana- ger or any of his subordinates are empowered to appoint, but the council or any of its members may express their views and fuily and freely discuss with the .city manager anything pertaining to appoint- ment and removal of such officers and employees. (b) Interference wit~ Admlni~tratio[~. Ex~pt"fo'r the purpose'eof inquiries and investigations, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the city manager solely through the city manager, and neither the council nor .its members shall give orders to any such officer or employee, either publicly or ~rivately. Nothing in the foregoing is to be construed to prohibit individual members of the .council from closely scrutinizing by questions and personal obser- vations, all aspects of city goverrnnent operations so as to obtain · independent information to assist the members in formulation.of °' .Sound policies to be considered by the council. It is the express intent of this charter, however, that recommendations for improve- ment in city government operations by individual council members be ;. made to and through the city manager, so' that the city manager may " coordinate efforts of all city departments to achieve the greatest .possible savings through the most efficient and sound me~ns Wail- . . " (c) Holding Other Office. No former elected city official shall .hold any c6mpensated appointive city office, or employment until, one · rfc. ar after the expiration of the teinm for which he was elected. ~ction 3.06 - Vacancies; Forfeiture .of Office;. Filling of Vacancies ~a) Vacancies. The office of a council member including the 'mayor shall become vacant upon his death,, resignation, removal from office in any manner authorized by law, or forfeiture of his office, such " forfeiture to be declared by~ the remaining members of the council: (b) Forfeiture of Office. A council member including the mayor shall forfeit his office if he (1) lacks at any time during his term of' office any qualification for the office prescribed by this charter · '. or by. law, or (2) violates any standard-of conduct or code of 'ethics established by law for ·public officials,'such violation to be determi- '~e'~ by remaining members of the council, or (3) fails to attend four · consecutive regular council meetings unless excused for good cause. (c) Filling of Vacancies. In the ev6nt of a vacancy occurring in · the men~oership of the city council, other than in the office of the mayor or except at the close Of a regular term, it shall be the duty of the remaining members at the next regular meeting following the declaration of such vacancy, to select a' duly qualified citizen to fill said .vacancy until the next general election. If a majority 64N of said remaining members are unable to agree upon the selection of a council member to fill said vacancy after two regular meetings have been held, the city council shall call a special election for thai: purpose. (d) Extraordinary Vacancies. In the event that all members of the council are removed by death, disability, resignation, or forfeit-. ure of office, the Governor shall appoint an interim council, including a mayor, with full council powers that shall then 'call a special elect- ion as provided under this charter not more than 45 days after' appoint- ment. Section 3.07 - Procedure (a) Meetings. The council sh~ll meet regularly at least twice in eYe,I; month at such times and Places as the council may prescribe by rule. Spec.ial meetings may be held on 'the call of the mayor or of a ~'majority of the members and, whenever practicable, upon no less than ~e!ve hours' notice to each member and the public. (b) Rules. The council shall determine it~ own rules and order · Of business. · (c) Voting. Voting, on ordinances, resolutions and motions, shall be' by roll call and shall be. recorded in the journal. A majdrity of the council shall constitute a quorum; .but ~ smaller number may ad- journ from time to time and may compel the attendance of absent men, ers . in the manner and subject to the .penalties prescribed by the rules of the council. No action of the council except as othe~,~ise provided in Section 3.06, shall be valid or binding unless adopted by the affirm- .afire vote of three council members. Section 3.08 - Planning and Zoning Board and Board of Adjus~nnent (a) The council shall in the interest of the public health, safety, order, convenience, and general welfare create by ordinance 6 Planning and Zoning Board to make recommendations tc council. .(b) The council shall create a Board of Adjustment whose decisions .may be appealed pursuant to general law. Section 3.09 - Alienation of Public Beaches The city council shall not in any manner alienate from the Public, the Public Beach, lying between the north and south boundaries of Section 16, Township 46 South,~ Range 43 East, or any part thereof, of the City of Delray Beach, Florida. 640 /'ii-'~ -- Artic~e IV - Administrative - Executive Section 4.0]. - City Manager There shall be a city manager who'shall be the chief adminis- trative officer of the city. He shall be responsible to the council for the administration of all city affairs placed in his charge by or under this charter and such other duties as may be required by the 'city council. . Section 4.02 - Appointment; Removal; Compensation (a) Appointment. The council shall appoint a city manager for . . .an indefinite term by majority vote of the council to serve at the pleasure of the council. ~ -'~ ~ " ' ° .' (b~ RemoQai. The city mahager's~[l' nol~ offic~ ~t the pleasure of'a majority of all the city council, provided that he shall not be removed from office during th~ period of ninety days following any regular cit~ election except by the affirmative vote of four members of the city council. (c) Replacement. Upon the-death, resignation or termination of the city manager, city council shall appoint an acting city manager and thereafter, within a reasonable time, appoint a regular ~ity manager. ~ . (d) Compensation. The compensation of the manager shall be .fixed by the council and shall not be reduced during this appointment. · Sect~'on 4.03 - Actinq City Manager By letter filed with the council, th~ manager shall designate, subject to approval ,of the council, a qualified city administrative officer to exercise the powers and perforf~ the duties of manager during his temporary absence or disability. During such absence or disability, the council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or his disability shall cease. Section 4.04 - Powers and Duties of the City Manager The city manager shall have the following powers and duties: (a) Appoint and, when he deems it necessary .for the' good of the city, suspend or remove all city employees and appointive adminis- trative officers provided for by or'under' this charter, except as otherwise provided by law, this charter 'or personnel rules adopted pursuant to this charter. All appointments and promotions of city officials and employees shall be made solely on the basis of merit 8 64P and fitness demonstrated by e.xa~ination o~:.othe~ evj. dencec~f com- ~ petence. He may authorize any administrative officer who-~s suh- }~cj6~ to his d~rect~o.n:.and S. upervi~$Qn ~tO-e~c.rcise these powers.with ~. respect-tO Su~brdinates in that officer's department, office or ~- ~g~ncy. .~ ._ii_(b) Diredt'-and Supervise the administration of all depart- - · _ments, offices and agencies of the city, except-as otherwise pro- ~'-vided by this charter or by law. :. % .... ¥ .... . ~ : ~.. - (c) Attend all cOuncil meetings and shall have the right to take -' Part in discussion but may not vote. (d) See that all laws, provisions of this charter and acts of the council, subject to enforcement by him or by officers subject .-to his direction and supervision, are faithfully executed. (e) Submit to the council.and make ~vailable to the public a complete report on the finances and administrative activities..bf the city as of the end of each fiscal year. .. · (f) Make such other report~ as the council may require con- '' cerning the operations of city departments, offices and agencies subject to his direction and supervision. (g) Keep the council fully advised as to the financial cgndition and future needs of the city and make such recommendations tD the council concerning the affairs of the city as he deems advisable or as council may require'. (h) Sign contracts on behalf of the city pursuant to the pro- visions of this charter, provisions of appropriation ordinances and where authorized by ordinance, resolution or by motion. (See Sec.' 4.09.) .. (i) Perform such other duties as"are specified in this Charter or may be required by the council. Section 4.05 - Budge% Procedure ' · (a) Th~ fiscal year of the City shall begin on the first day of "October, and ena on the thirtieth day of September of the following year. Such yea~ shall.constitute the budget year of the city government, and whenever the word year appears in this charter it shall be construed as meaning the fiscal year of the city unless otherwise indicated. '. .: (b) The city manager shall submit his recommended budget for the ensuing fiscal year to the city council on or before the first regular meeting in August. Complete copies of the proposed budget shall be on file and available to the public for inspection during office hours in the office of the clerk,, conm]enc.ing the following business day. .. (c) The budget document shall presen~ a comp].ete financial plan for the ensuing fiscal year. It shall 'include at least, the follow- ing information: 9 64Q (1) Proposed expenditures, Detailed estimates of all pro- posed expenditures for each department and office of the city, showing the expenditures for corresponding items for the last preceding and current fiscal years with reasons for increases and decreases recommended, as compared with.appropriat%ons for the current year; (2) Bonded Indebtedness. Statements of the bonded and other indebtedness of the city, showing the debt re- duction and interest requirements, the debt authorized and unissued, and the conditions of the sinking funds, if any; (5) Anticipated income. Detailed estimates of all anti- cipated income of the city from sources other than taxes and borrowing, with a comparative statement of. the amounts received by the. city from each of the same or similar sources for the. last preceding and current · "fiscal years; (4) Balance or deficit. A statement' of the estimated balr ance.or deficit, as the case may .be, for the end of the current fiscal year; (5) Taxes. An estimate of the amount of money to be raised · ~ from current and delinquent taxes, and the amount to be · . raised from bond issues which, together with income from other sources, will be necessary to meet the pro- .posed expenditures; · ' (6) Other information. SUch other supporting schedules as ~ ~., the council may deem necessary. (d) A public hearing On the budget shall be held on the first regular city council meeting in September of each year. Notice of such public hearing shall be published at least one week in advance .by the clerk. A condensed copy of the proposed budget shalI be published. ' (e) At 'the second regular city council meeting in the month of September of each year, the council shall, by resolution adopt the budget for the next fiscal year, and shall, in such resolution, make an appropr.iation for the money needed for municipal purposes during the ensuing fiscal year of the city, and provide for a levy . of the amount necessary to be raised by taxes upon real and personal ~property for~municipal purposes, which levy shall not, for.the general operating expenses of the city, in any event exceed the millage limitation as provided by state law on the assessed valu- ation of all real and personal property subject to taxation in the city. Should the council take no final action during said meeting,. the budget as submitted, shall be deemed to have been finally adopt- ed by the council. (f) No money shall be drawn from the treasury of the city nor shall any obligation for the expenditure..of money be incurred, · except pursuant to the budget appropriations. The council may trans- fer any unencumbercd appropriation balance, or any portion thereof, from one department, fund or agency to another. The balance in any appropriation which has not been encumbered at the end of the fiscal : year shall revert to the general fund and be reappropriatcd during %he next fiscal year. (g) At the beginning of each quarterly period du~ing the fiscal year, and more often if required by the council, 'the city manager _ shall submit to the council data showing the relation bet~een the estimated and actual income and expenses to date; and if it shall appear that the income is less than anticipated, the council sha~l reduce appropriations, except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the income. (h) The council shall designate the depository or depositories for city funds; shall provide for the regular deposit of all city moneys, and shall provide for 'the proper security of all city deposits. - (i) An independent audit shall be made of all accounts of'the City government at least annually, and more frequently if deemed necessary by the council. Such audit shall be made by certified public accountants experienced in municipal accounting, and who' shall have no personal interest, direct or indirect, in the fiscal affairs of the city government, or of any of its officers. The I' ' condensed audit shall be published within thirty days after receipt o~ the same. An annual report of the city business shall be made available to the public by the city manager in such form as will d'isclose pertinent facts concerning the activities and finances of ' ~he city government. · '"~'-" - ' ............ .. - .................. '~ 2..~ .. Section 4.06 - Supervision of Departments With the approval of council, the manager may serve as the' head of one or more departments, offices or agencies or may appoint .~.one'person as the head of two or more of them. Section 4.07 - L~gal Counsel ' · There. shall be'a city attorney and such assistant 'cit~ - attorneys and special counsel as the city council shall deem neces- sary. They shall be responsible to the council for all legal matters of the city' placed in their charge by or under this charter and such other duties as may be required'by the city council. 64S .,g_eet3.on 4.0B - Le¢ln]. Coun:;el Appo~.n_t~!qnt,_ Removal and Compennat~on (a) Appointment. - The council shall appoint a city attorney, , such assistant city attorneys and special cOunsel as may be deemed necessary. The city attorney and assistant city attorneys, if any, · shall be appointed by council for an indefinite term by majority Vote of the council, tile city attorney to serve.at the pleasure of council. Special counsel may be appointed as the need arises and shall serve at the pleasure of council. " (b) Removal. The city attorney and special counsel shall hold office at the pleasure of a majority of the council, provided '" that the city attorney shall not be removed from office during the period, of ninety days following any regular city election except by the affirmative vote of four members of the city council. Assis- tant city attorneys may be removed with or without cause by the dity :. .. attorney . : " - " (c) Compensation. The city council may, from time to time, " fix th~ regular compensation of 'the city attorney, and assistant city attorneys, if any, at a sum commensurate with the duties which .. .- 'may be imposed on them by this charter and by the council; provided, that all special or unusual services required of the city attorney ! and assistant city attorneys, if any, may be specially compensated .- as .the coqncil may see fit to provide. '.... :. Section 4.09 - Duties of Le~R1 Counsel .' .- The city attorney with the' assistance o~"t~'city Clerk .- .shall prepare all ordinances, all cohtracts and other instruments :~'~ writing in which the municipality is concerned, or shall e~dorse ~- .. on each his approval'' as to form. 1~o contract with the municipality shall be binding upon the'municipality until the city attorney has endorsed his approval thereon, and this provision shall be strictly · ~onstrued by all courts of this state. : When required by the council, the city attorney shall prose- : out~ and defend, for and in behalf of {he city, all complain{s, suits and controversies in which the city is a party. The city attorney shall furnish the coun'cil, city manager and department heads his opinion on any ~luestion of law relating to their respective powers and duties; a~d he shall perform such · other professional duties as may be required of him by ordinance, resolution or motion of the council, by thi. s Charter or by. Special Acts. . ;. :: Assistant city ~ttorneys shali perform those duties ass~.gned them by the city attor:ney. Special counsel shall perform those duties assxgned thom by council. '.' '. .. , ,, , ,' ' 12, . ..,% ' 'x',, '. ~','" I , ' % I'. ' ' Article V - Elections DecrY. on 5%01-~E].ectors~ ~:' ,:r~ .. ~:~:~u ~ c: .~:.- :~-~_~- - tl · '-~ '~':-- hny person who-is:.a resident of t]]~ municipality., who 'h~S-qualified as an e16ctO~ of thSb:~-s~-afie ,~.'.' and-. who regi-ste.;rs ~1 the procedural manner prescribed by general..law and ordinance of the municipality, shall be a qualified elector of the munici- palitY. ' ......... · ..... · ....... ~ .......... Section 5.02 - Tvoes of Electiohs --'" "::- ~'-' - . (a) Types of elections. Elections fie be held in the city shall ..be either first nonpartisan, second nonpartisan or special and they. shall all be conducted on a nonpartisan basis without regard for or designation of political party affiliation. - ' .(1) First nonpartisan elections shall be held on the firs% .. .Tuesday in March of each year for the purpose of electing officers of the city and such other purposes as ~e coun- -cil may prescribe. " (2) Second nonpartisan elections shall be held, if necessary, ":~ -on the third Tuesday' in March of each year for ~he "-. purpose of electing officers of the city and such other-- .. ~ purposes as the council may prescribe. ~'-" ·(3) All o~er' m~nicioal' electiOns that may b~ h~id by aufih- ~ ority of this charter, or of any law, shall be known as .'].. ..' 'special elections. Section 5.03 - Fo~ of B~lfots ' (a) Arrangement df names on ballot. T~e n~es of the candiaates for each office shall be arranged alpbabefiically and nothing · '..on .~]e ballot shall be indicative of ~e source of ~he candidacy of any candidate. ' (b) A charter amendment, in:itiJti~e petition or referendum ~W~Tv'~$;:or~inance. to be voted on by the city shall-be presented for vet- :'.......,~ lng. by'ballot title. The ballot title df. a measure may diffe~ from its legal .title and shall be a clear concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the ~bove described (chdrter amendment) (initiative petition) (refer- endure ordinance) be adopted?" I~ediately below such question shall appear, in the following order, the. words '"'for approval" and . ,also the words "against approval" with a sufficient blank space thereafter for the. placing of the symbol. "X" to indicate the voter's choice or with.a lever opposite "for app~toval" or "against approval" if voting ~achines are used. · ' 13 .~ ' 64U Section 5.0'4 - Elections - General~ (a) Number of votes per elector. Every elector shall be entitled to vote for as many'candidates for the city council-a~-there are nUm- hers to be elected to the council. (b) (1) Majority to elect in first nonpartisan election. Any candidate who receives in the first nonpartisan election the number of votes constituting a majority of all the ballots cast for that of- lice, shall be declared to be elected to the office for which he is a candidate, and no further elections shall be held for that office. Should more candidates receive the number of votes constituting a ~naj- ority of all the ballots cast than there are offices to be filled, then those candidates equal in number to the offices to be filled receiving the highest~number of votes shall be declared to be elected. (2) In the event not more than one perSon qualifies as a candi- date for each 9acancy on the city council or mayor in the first non- partisan election, then an election.shall not be held. Each candidate is deemed to have voted for himself. (c) (1) Candidates for second nonpartisan election. In the second nonpartisan election, there shall be on the ballot twice as many names of candidates as there are remaining council offices to be filled. The names of the candidates to be voted upon at the second nonpartisan election shall be those of the unelected candidates polling the largest~ number of votes in the first nonpartisan election. In the event of two (2) or more candidates qualifying for the second.nonpartisan election with an equal number of votes, then all such tied candidates shall qualify for the second nonpartisan election. ~2) In the event a candidate withdraws or aies before the Se- cond nonpartisan election and leaves only one candidate for each vacancy a~ a council member or mayor to be filled, then the second nonpartisan~ .~lection shall not.be held. Each candidate is deemed to have voted for himself. (d) Majority t° elect in a second nonpartisan election. In the second nonpart~'san ele6tion, the remaining offices shall be filled by the candidates receiving the highest number of votes for each vacancy. in case of two (2) or more candidates receiving an e~ual and highest number of votes for the same office, a runoff election shall be held the fourth Tuesday of March for the tied candidates. In case a tie still exists, such candidates shall draw lots to determine who shall occupy the office. Section 5.05 -'Certification of Elections (a) The results of the voting, when ascertained, shall be certi-' ~ied by return in duplicate, signed by the clerk of elections and the · majority of the inspectors of the elections, one copy to be delivered to the mayor and the other to the city clerk, both of whom shall trans- mit such returns to the city council at a.Dal]ed meeting to be held not la%er than tl%ree days after such electioh. At such meeting the city council shall canvass the rtturns, and in the absence of a declaration of a contest by any of the~Chndida~es ~n~sUCb:elcction, shall declare the result of the election as shown by the returns made by clerk and zns~ectors-for sazd_~l~ctzon. ' ~ (b) Th~-~cit~ Clerk, n°t'l~r!~han~ ~o0~'t~~~Y thereafter, i shall furnish a'certificate of elec~i°n to eacD person~shown~to be ~ elected. -- : ~ , Section 5.06 - Judge.of Election and Qualification ' The city ~ouncil members_shall be the judge of the qualifications, eI~C~ion and returns of its own members. Section 5.07 - Special Elections ' . -" .(a) The council shall provide the time, manner and means of holding any special 'election, provided that no special election shall be called less than thirty (30) days following the adoption of a resolution call- 'ing for such election. (b) The city council shall prescribe by ordinance the method and manner of holding all elections in the city, and Shall provide when and how special elections shall be called and held which are ~ot pro- I " vided by the terms of this charter. All elections shall be conducted l .. in accordance with this charter and with the provisions of general law. !. 'Section'5.08 - Straw Vote Elections i. The city council is also empowered and' authorized'to spend'public ~ funds for the conduct of straw vote elections upon a determination by f the council that it is in th~ best interest of the city to obtain an expression of the people with respect to a particular municipal question. The council shall have the right to hold a straw vote election at any time, and may prescribe limitations relating to the eligibility of those : ' who shall be qualified to participate. The results of said election ! shall not be binding on the council. ~$ection 5.09 - Recall ,- '. ~ _ The qualified voters of the city shall have the power to recall and to remove from office any elected official of the city as provided by general law. 64W ............ ArtiCle. VI' Initiative, Referendum Section 6.01 - Initiative '~ The qualified voters of the City shall ~ave the power to pro- pose ordinances to the council and, if the counc'il fails to adopt an. ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriation of money, levy of taxes or salaries of City of- ficers or employees. Section 6.02 - Referendum The qualified voters of the city shall.have power t~ require recOnsideration by the council of any adopted, ordinance and, if th~ council fails to ·repeal an 6rdinance so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget o~ capital program or any emergency 'ordinance or ordinance relating to appropriation,of money, levy or taxes or salaries of city officers or employees. Section 6.03 - Commencement of proceedinqs. (a) Any five q~lified voters may commence either initiative or referendum proceedings by filing with the city clerk or other official designated by the council an affidavit stating they will constitute the petitioners' committee and be responsible for cirCu- lating 'the petition and filing it in proper form, stating their. names &-add·resses~_ and specifying the a'ddress to which all notices to the committee are to ]De sent, and se~ting o~t in full the pro- posed initiative ordinance or citing the ordinance sought to be reconsidered. ' · (b) Promptly after the affidavit of the petitioner's committee is filed, the clerk or other official designated by the council may, at %he committee's request, issue the appropriate petition blanks to the petitioner's committee at the committee's expense. Section 6.'04 - Petitions " (a) Number of Signatures - Initiative and referendum petitions must be signed by qualified voters of the city equal in number to at least 15 percent of the total nun~er of qualified voters registered to vote at the last regular city election e 16 64X (b) Form and Content - Ail papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the address and precinct number and date of signing of the person signing. Petitions shall con- - rain or have attached thereto throughout their circulation the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of Circulator - Each paper of a petition shall have attached to it when filed an affidavit executed by the cir- culator thereof stating that he personally circulated the paper, the number of signatures thereon, that all'the signatures were affixed in his presence, that he believes them to be the genuine signatures · of the persons whose names they purport t6 be and that each signer had an opportunity before signing to read the full text of the ordi- nance proposed or sought to be reconsidered. (d) Time for Filing Referendum Petitions - Referendum petitions must be filed within 60 days after adoption by the,council of the ordinance sought, to be reconsidered. ~ (e) Time for Filing Initiative Petitions - Initiative petltions must be filed within 60 days of the first signature thereon and' sig- natures may not be procured prior to the time of commencement of proceedings as set forth in 6.03. When the petitions have been filed, the City Clerk shall submit the same to the City. Council at itLs next regular meeting and provisions shall be made by the City Clerk for Public Hearings upon the proposed ordinance. Section 6.05 - Procedure for. Filing ~' (a) Certificate of City' Clerk; Amendment - Within twenty days after the initiative petitioh is filed and five days for a referendum petition, the city clerk or other official designated by the council shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioners' committee by regis- feted mail. Grounds for insufficiency are only those specified in section 6.04. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee ~iles a notice of intention to amend it with the city clerk or other .official designated by the counci~ within two.days after receiving the ~ copy of his certificate and files a supplementary petition upon addi- tional papers within ten days after receiving the copy of such certifica~ Such supplementary petition shall comply with the requirements of sub- sections (]3) and (c) of section 6.04, and within five days after it is filed the city clerk or other official designated by the council shall. complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' com- mittee by registered mail as in the case of an original petition. If a petition or amended petition is certifie'd sufficient, or if a Peti- tion or amended /petition is certified insufficient and the petitioners' 6ommittee d()es not 'elect to amend or request council review under sub- section (b) of thi~ soction within the time required, the city clerk or other official designnted by the council shall promptly present his certificate to the council and the certificate shall then be a final determination as to the sufficiency of the petition. 17 64Y (b) Council Review - If a petition has been certified insuffic- :,. lent .and the petitioners' committee does not file notice of inten- .... tion to amend it or if an amended petition has been certified in- sufficient, the co~mnittee may, within two.days after receiving the ~, copy of such certificate, file a request that ..it be reviewed by the council. The council shall review the. certificate at its next meeting, regular or special, following the filing of such request and approve or disapprove it, and the council's .determination shall then be a final dete~aination as to the sufficiency of the petition. Section 6.06 - Referendum Petitions; Suspension of Effect of Ordinance · When' a referendum petition is filed with the city clerk or other official designated by the council,, the ordinance sought to be recon- 'sidered shall be suspended from .taking'effect. Such suspension shall terminate when: ~ (1) There is a final determination ~f insufficianc~ of the'. petition, or .(2) The.petitioners' committee withdraws the petition~ or (3) The council r~peals the ordinance, or .(4) After a vote of the city on the ordinance has been certified. Section 6.07 - Action on Petitions ' ~ (a) Acti6n by Councii- When an initiative or referend ~u~ petition ~ has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance J.n the manner provided by general law for passage of ordinances or reconsider the referred ordinance by voting its repeal. If the council fails to adopt a pro- posed initiative ordinance without any change in substance within 60 days or fails to repeal the referred ordinance within '30 days, it .- shall submit the p~'oposed or referred ordinance to the voters of the city. (b) Submission to Voters - The vote of the city on a proposed or 'referred ordinance shall be held not less than 30 days and not more · than 60 days f~om the date that .the petition was determined sufficient. If no regular city election is to be held within tJ]e period described in this subsection, the council shall provide for a special election except that the council may in its discretion provide for a special election at an earlier date within'~, the described period. Copies of the proposed or referred ordinance shall be made available at the polls. ' (C) Withdrawal of Petitions - An initiative or referendu~ petition may be withdrawn at any time prior to the fifteenth day preceding the day~ scheduled for a vote of the city by filing, with the city clerk or other official designated by the 'council a re- quest for.withdrawal signed.by-a~ least four members of the petit- ~oners' ~C~mitte~. Upon. the_ filing of such request the petition ~..~.shall have no furrier force or effect and all proceedings ~ereon ~ .shall be te~inated.-~ ~ ~'~ ~- ~ .- ~ ~ ~ ~'_ · Section 6.0~8 ReSUi{ of Election (a) Initiative - If a majority of the qualified electors voting " on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and 'shall be treated in all respects in the s~e manner as ordinances of the s~e kind adopted by ~e council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of .affi~ative votes shall prevail to the extent of such conflict. ~ (b)' Referend~ - If a majority of ~e qualifed electors voting .on a referred ordinance vote against it~ it shall be considered r~- · pealed upon certification of ~e election results. 64AA Article VII - Transition Schedule section 7.01 - Continuation of Former Charter Provisions All provisions of Chapter'25786, Laws of Florida, Special Acts 1949, as amended by special law or otherwise which are not embraced herein and which are not inconsistent wit]] this charter shall be- come ordinances of the city subject to modification or repeal in the same manner as other ordinances of the city. Section 7.02 - Ordinances Preserved All ordinances in effect upon the adoption of this charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Section 7.03 - Rights of Officers and.. EmploYees Nothing in this charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of adoption. Elected officers · shall continue to hold their offices and discharge the duties thereof until their successors are elected. Section 7 04 - Pendi.ng Matters s Ail rights, claims, actions, orders, contracts and legal or ad- ministrative proceedings involving the city shall continue except as modified pursuant to the provisions of this charter. All right, title and interest in property, real or personal, uncollected taxes due, claims,, judicial decrees, liens, suits, actions and choses in action held or owned by the existing municipality shall pass and the ~ame are hereby vested in the municipality continued under this revised charter. Section 7.05 - Obligation of Contracts Preserved No debt or obligation of contract of the City shall be changed as a result of~ the adoption of this Charter. All such debts and obliga- tions shall pass to and be binding upon the municipality which is hereby continued. · 64BB 'Section 7.06 - Initial Salary of Council Members Members of the council shall receive an annual salary in the amount of $3,600 and the mayor shall receive an annual salary in the amount of $4,800 until such is changed by the council in accordance with the provisions of this charter. Section 7.07 - Deletion of Obsolete Schedule Items The council shall have power, by resolution, to delete from this Article VII any section, including this one, when all events to which the section to be deleted is or could become applicable have occurred. 64CC " Article VIII -l,~unicipal Court Section 8.01 - Continuation of Municipal Court -- Appointment of Judge; · ' Qualifications; Compensation--Sessions, When Held The Cit~ of Delray Beach Municipal Court shall be established, to be known as The Municipal Court of the City of Delray Beach, Florida, for the trial of offenders against the municipal ordinances. Such court shall be presided over by a Municipal Judge, who shall serve until the first Monday in April, 1976, at which time the members of the city council at their regular meeting on the fi£st Monday in April, 1976, and annually thereafter, will appoint a municipal judge whose term of office thereafter shall be for one year. The person appointed shall be a member in good standing of the Florida Bar with at least two years' experience as a practicing attorney in Florida, and other qualifications as established by ordinance at the time of his appoint- ment. In case of the a~sence or disqualification of, or disability of the municipal judge, the city council may designate some other pergon .~ to act during such absence, sickness or disqualification. Compensation ' tb be paid said municipal judge shall be liked by ordinance or resolu- tion. Sessions of the municipal court may be held daily except on Sundays and holidays. ~. . S~ction 8.02 - Municipal Judge -- Powers and Duties· ~ (a). The municipal judge shall have power by his warrants to have bi'ought before him any person or persons charged with violation Df the city ordinances, and shall have exclusive original juris- di.ction over all proceedings of a crimina'l nature for .the violation of any ordinances of ~he city. In the proper exercise of the functions '·of the municipal court within its jurisdiction as herein defined, the ~,unicipal judge shall have powers, and is authorized to issue,~ and ' cause to ba served, any and all warrants, search warrants, writs and process~es, and· the p61ice of the City of· Delray Beach are authorized, and it is made their duty, to execute and serve any and all such %.:tits and processes issued out of the said municipal court by ~he municipal J.udge, and to make proper return upon same to such court in the same 'manner as required of sheriffs in the execution of similar papers. The municipal judge shall have power and authority to take bail for the appearance of an accused person~ to require the attendance of wit- nesses for the city and for the accused person,, to administer oaths, take affidavits, and to inquire into the .truth or falsity Of all charges preferred, to decide on the innocence o~'guilt of the accused, and to fix and.to.impose .such penalties by sentence as are prescribed and provided for under the ordinances of the city, and to have all powers incidental and issual to the due enforcement of such citv ordinances. (b)" The municipal judge shall have the power to issue any writs, processes and subpoenas needed to facilitate any investigation convened · by or called by City Council for a municipal purpose. After the abolition of municipal courts the City Clerk shall be vested with this power. 64DD " Section 8.03 - Appointment of City Prosecutor and Pub].ic Defender; Qualj. l:icatJ, on.'.;; Com.pen.~.;al_'.ion; Duties ' ~)~-L'Ci~y Prosecutor-: The 'ci-ty-couneiI-Bhal. l'-~nppoint at its first meeti_ng on the first Monday in_April, of each year a city prosecutor ~gnd sUcll assistant City prosecutors as may be necessary, who .,;hall i~erve at tlle pleasure of council. The city prosecutor shall be a ~'emb~r in good standing of the Florida B. ar~with at least t%;o years' -expe'rience as a practicing attorney i~ Florida and other qualifications as established by ordinance at the time of his appointment. Assistant city prosecutors zhall meet the qualifications as established by ordi-. nance. Compensation to be paid the city prosecutor and his assistants shall be fixed, by ordinance or resolution. The duties of the city prosecutor and his assistant shall be to prosecute all cases in the municipal court of the City of Delray Beach, to 'represent the city in all appeals from the municipal court, to advise ~the city council on all ordinances relating to offenses triable in said court; and to instruct police officers in arrest and court procedures when so reque s ted. (b) Public Defender. The city bouncil shall appoint at its first meeting on the first /~onday in April of each year a public defender w. ho shall serve, at the' pleasure of council. The public defender shall be a member in good standing of the Florida Bar %.zith at least two years' experience as a practicing attorney 'in Florida and other qualifica'tions as established by ordinance at the .time of his appointment. Cgmpensa- tion to be paid the public defender shall be fixed by ordinance or .. resolution. The duties of the public defender shall represent indigent defendants as provided by general law. Section 8.04 - Conviction--Payment of Pines and Costs; Appeal, Time All persons convicted in the municipal court shall forthwitk pay all fines and costs assessed against them, and in default of pay- ment thereof, may be committed to pris. on, provided that if such persons shall appeal within teh days from the judgement of the court, they shall be released upon entering into bond with good and sufficient security in double the amount of fine and costs which have been assessed them, or, in the event of sentence wit/lout fine, then any · sum as fixed by the municipal judge, conditioned that they appear before the judgement thereof, .and to pay all costs of appeal. Such bond to be approved by the municipal judge. Bills of e,-:ceptions .shall be settled within thirty days, and appeals shall be returnable · in not less thhn thirty nor more than ninety days after the date~ of judgement. ' Section 8~'05 - Clerk of Court--Duties and Powers The city c.'l. erk, or an assistant ~hall be the clerk of the muni- cipal court, and shall attend all sessions, of the same. lle shall keep a docko;t in x,~hich shall be entered tt'~e title of all cases tried in such court, the nature of the offenses charged, the names of all 64EE witnesses sworn, and by whom called, the finding and judgement of the court, and the fine~ and cost incurred,, a'nd by whom, whether the judgement is satisfi'ed, and, if so, how satisfied, and the date of appeal if granted. Upon the conviction or acquittal of any defendant, the clerk shall procure, and file in his office, the complaint, warrant or other process, and all papers in the case, and a copy thereof, and of the entries upon the docket above mentioned, when certified to by him as being a true copy of the original in ]]is keeping, under seal of the city, shall be priTna facie evidence thereof and of the. facts there- in stated, and shall have the same force and effect in all courts as ~ould the original ?f produced and proved as such. Such clerk and ~ssistant clerk may issue writs and warrants except search warrants. Section 8.06 - Arrest-Confinement and Bond · All persons arrested for violation of any ordinance or breach of the peace committed within th& city limits, upon the property of the city outside of its limits; and within the jurisdiction of the · municipal court as defined under this Act, shall be immediately confined in the city jail or house of detention, and remain there until a hearing has been had before the municipal court, unless -such person or persons shall give proper security, in which event i.they may be released. Section 8.07 - Bonds--By Whom Given; Amounts -. The chief of police and the officers in charge of the jail or house of detention shall have authority to take from persons so ~rrested, a bond or other security for appearance before the muni- cipal court, but no such bond or security shall be for less than five dollars nor more than five hundred dollars. Section 8.08 - Same--Forfeiture; Issuance of Capias In all cases where accused persons have been released upon bond or other security, and they fail to appear, the municipal court shall declare such bond or security escheated, and such action shall be recorded upon the docket, and in such.cases'the municipal judge may at his discretion issue a .capias for the rearrest of the accused person. Section 8.09 - Fines and Penalties;· Deposited with City Treas.urv.~ The mun'icipal court shall have authority to preserve order and tecorum, and shall be invested with the same powers to that end, by ~ine and imprisonment as are possessed and authorized to be exercised by criminal courts of record within the state. All fines,, penalties and fees collected in the municipal court and by the police of the city, shall be a part of the revenue of the city, and shall be paid into the city treasury, on the day on which collected and receipt taken ~J]erefor. The moneys so_.p~iid into the city.'.trea.su.rY m..ay, by. resolUtion of the city"co.u~f~fl~ be appropriated to any particular fund, and sh~l']. ther6after be used ill accordance with such resolution 24 64FF j:~" '_~t's~a.l'l'be the du'6~ o~'~e/~f--o~r'P6li~','~6~tn'6 p61i6e officer -~actihg as his d~puty '0r'~epr~sentaklve in~atte~dhnce 6Pon the municipal ~our~,._ to 'report to the-city clerk at the! h06r fixed, for the convening iof such court each session,~all arrests'and ~om~ittal~ %}~at have been ~made .since the last session of the-Court,' the names-of ~he accused 'and ~ffenses with Which'charged, the names of the witnesses, in the respective cases and bonds or other securi~ies Of th6se"Who have _-been released, if any there be. Section 8.11 - Prisoners Required to Work -~ All persons imprisoned after conviction in the municipal court shall be required to work for the city as such labor as their health and strength will permit, within or without the limits of the city, not exceeding eight hours each day and for not.exceeding ninety con- secutive days for one offense. Section 8.12 - Fines and Penalties--Remittance No fine or other penalty imp6sed by the municipal court shall be remitted except by action of the city council upon the recommendation of ~he municipal judge; provided,.however, that this shall not be construed as precluding the municipal judge from suspending sentence imposed by such court, if such suspension.is made at the time the sentence is imposed. Section 8.13 - Automatic Repeal Article VIII and all subsections thereof,except Section 8.02(b) shall be repealed upon the abolistunent of the municipal court as provided by law. Section 8.02(b) as pertains to the city clerk shall become Section 3.10 and be entitled - Council Investigations. -I. t :~ I ".- ¢.~ t"~ t.q C'~I'' I .r.-- ~.~ 2] j ~ ~.~' 't.~ '~. (;; [~.~ -~" ~' ~.t 0 ' ~ ~ ~ ~ ~ ~ ~ ~ ~ ~ ,'.'. · ~ ~ 0 ~ 0 ~ ~ ' ~ 0 ~ 0 Z ~ · ' ~ . j - . : - . .:' . . .~ '. ~.; .- '-- ' ~ ' .' ' ' Im~l ., .-.:~ ., . ·~ ~ . '~ 0- . ' . ~ ~ ' ~ ~ ~ ~ ~ ~ 0 ~ . ' ~ ... ~ '-.,~' - ~ . 0 ~ ~ ~ ~ ~ · ... :. .. . . . :. . : ~ ~ .~. · . - ~. . .. .. ~ ~ .' .... · . ~ ~ :: .:.".',- : ': : '... . :..,.,' .... ~~ ' .-. . . -... . . ~. , :.- ' '"-.. :.. "- :_ . '"-' ........... . .. ... ........ . ~ ~ · . . · . , · .. .... ~F - ~ o o o ~ ~ · ' ~ ~~ ~- ~ _~ ~ I 0 0 0 0 0 0 0 - o ~ ~o