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08-25-75 AUGUST 25, 1975 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, August 25, 1975, with Mayor James H. Scheifley presiding, and City Manager J. Eldon Mariott, City Attorney Roger Saberson, Council members Andrew M. Gent, Grace S. Krivos, David E. Randolph and Ron I. Sanson, IV~ present. 1. Mr. Spencer Pompey, Principal of Carver Middle School, offered the opening prayer. 2. The Pledge of Allegiance to the Flag of the United States of kmerica was given. 3. The minutes of the meeting of August 11, 1975, were unani- mously approved on motion by Mrs. Krivos and seconded by Mr. Gent. 4.a. Mr. Gent moved that City Council accept Boynton Beach's offer to purchase a one-half undivided interest in the 34 plus or minus acre sewer treatment plant site at $300,000, which sale requires cash to the seller at closing, which closing to be on or before 60 days after signing the contract, seconded by Mrs. Krivos. Mayor Scheifley asked Mr. Gent when the agreement might be signed. Mr. Gent stated he expected the City Attorney for Boynton Beach to draw up the agreement which he is ready to do. Mayor Scheifley stated the reason for his question is the potential interest involved: $300,000, which could be invested at 6%% per annum, would produce revenue of $19,500 per year which is $1.625 per month, $375 per week or $53.42 per day. Mayor Scheifley felt it is important to receive this money as soon as possible under these circumstances and requested that a time limit be put in the motion for the signing of the agreement. The City Attorney stated the money could be placed in escrow and some arrangements could be made as far as the interest ~s concerned. Mr. Gent stated wishes of City Council of Delray Beach; he felt that Boynton Beach City Council would put some conditions in the contract which he did not wish to put in his motion. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - No; Mr. Sanson - Yes; Mayor Scheifley - No. The motion passed with a 3 to 2 vote. 4.b. Mr. Randolph spoke on streets, sidewalks and alleys in the western section of Delray Beach. He stated recently Council discussed the placement of the $600,000 Bond Issue for upgrading streets in the City of Delray Beach. He said he had objected at that time concerning the list of streets to be resurfaced since most of the streets under consideration for repair were east of Swinton Avenue. He said he would like to see several of the .streets in the western section of Delray Beach taken care of as soon as possible. For those areas where sewerage is planned during the next two years, he would like to have some money from the bond issue placed in escrow to take care of those street repairs as soon as the sewerage is put in. He listed streets of grave concern which are presently dirt that should be surfaced from the Bond Issue: 1 - S.W. 10th Avenue between 2nd and 3rd Streets; 2 - N.W. llth Avenue between Atlantic Avenue and N.W. 2nd Street; and 3 - N.W. 1st Street between N.W. 10th Avenue and N.W. 14th Avenue. He requested not less than $100,000 be placed in escrow to upgrade streets, sidewalks and alleyways in the western section of Delray Beach. 4.c. Mr. Randolph asked the City Manager if money for lights for the Teen Town Ball Field was in the budget. The City Manager stated $31,139.68 for the installation of lighting and fencing at the Teen Town Ball Field was provided for in the Federal Revenue Sharing Funds. 4.d. Mr. Sanson stated he wished to make Council aware of the results of the Area Planning Board Meeting he had attended. One of the items on the agenda was the Community Development Program. Mr. Jeffries was present and told the Area Planning Board some of the uses for the $1,068,000 grant which the County has received. He stated Mr. Jeffries gave the impression that initially the majority of the money will go into paying for engineering fees, surveys, studies, etc. which will not benefit Delray Beach. Mr. Sanson spoke to Mr. Jeffries concerning the fact that Delray Beach programs would suffer since none of the money 150 would be allocated to this area for several years. The City Manager stated that while the City is not sure at this point that any construc- tion money from this program will be allocated to the City during the upcoming fiscal year, he felt the City would have a much better chance of getting the funds allocated to the City by conversation with Mr. Jeffries himself and the County officials rather than Council discussing it now and having them read it in the paper. Mr. Sanson stated he saw no need to express himself privately since he was disturbed about it. The City Manager replied he and Mr. Randolph were the City's representa- tives and he felt negotiations with Mr. Jeffries could be better handled in person than by discussing it in open meeting. Mr. Randolph stated at the last advisory meeting he attended, this question was brought up. Mr. Randolph expressed definite opposition to spending the money on surveys, etc. and stated he would continue to be opposed to it. 4.e. Mr. Sanson asked the City Manager what the status of plans are for the development of the water treatment plant. He said Russell & Axon have been given permission to draw up design plans; however, he asked if it has been decided that Council is going ahead with Russell & Axon's recommendation or whether they are providing a sample plan. The City Manager replied~it has not been determined what the City is going to build and this will be discussed at future workshop meetings. The City Manager reported the work Russell & Axon is presently doing has been authorized by Council, but the extent of the expansion of the water treatment plant and the timing of the expansion have not been decided upon. There is now a new state law requiring certain treatment that was not in effect at the time the City built its water treatment plant. 4.f. Mayor Scheifley read a Proclamation proclaiming the week of August 25 through August 31, 1975 as Women's Suffrage Week. He intro- duced Miss Addie Sundy and Miss Sadie Sundy. Miss Addie Sundy was the first woman to register to vote in Delray Beach. Mrs. Shirley Hayes, President of the Women's League of Voters, accepted the proclamation. '5.a. Mr. Peter Costello, 201 Venetian Drive, Delray ~each, reported on the letter he had sent to the Florida Department of Criminal Law Enforcement. He has received an answer and stated he would present it to Council at a future workshop meeting. 5.b. .Mrs. Nettie Durante, 2650 Ponce de Leon Boulevard, Imperial V---~as, Delray Beach, spoke concerning the six condemned units in Imperial Villas and asked that the City tear them down as soon as possible. She stated the City would be liable under the Attractive Nuisance Law if anyone is hurt in these buildings. Mayor Scheifley asked the City Manager to follow through on the matter. The City Attorney stated the City has just received a verdict against the City in the case where the City did demolish a building several years ago. He further stated the City would have to take Mr. Donner to court, have the court declare the buildings a nuisance and that they are, in fact, a risk to the public safety and request an order to tear them down. Mrs. Durante discussed several other problems existing in Imperial Villas. 5.c. Mr. Frank Ellis, 553 Jaeger Drive, Tropic Palms, asked about the zoning of the property owned by Boca Raton Yacht and Tennis Club. Mr. Gent replied that the property is being replatted, not rezoned. He said the normal procedure is to obtain approval from the City first; however, the owners of the property have apparently gone to the County for approval first. 6.a.1. The City Manager reported the revised zoning ordinance has been recommended for passage by unanLmous vote by the Planning and Zoning Board at a meeting held on August 19th. This item will be placed on the agenda fcr a future workshop meeting. 6.a.2. The City Manager reported the next regularly scheduled work- shop meeting falls on a holiday, September 1st. He stated unless some- thing of a compelling nature must be handled, he would suggest the next workshop meeting be held on September 15th as scheduled. · · ~8-25-75. · 151 6.a.3. The City Manager reported on a questionnaire received by Councilmembers from Mr. Cruikshank of the Palm Beach County Municipal League, stating Council should make a decision on the answer. Mayor Scheifley stated Boca Raton and Delray Beach have a closing hour of 2:00 A.M. Bars in the County areas are open until 5:00 A.M. The County Commission is considering p~ssing a County-wide ordinance closing bars at some hour other than 5:00 A.M. The City Council has been asked to submit to the County Commission a recommendation as to what time bars in the unincorporated areas of the County should close. Mrs. Krivos moved that the Council report to the County Commission a request for a 2:00 A.M. closing time in the unincorporated areas of Palm Beach County, seconded by Mr. Gent. The motion passed unanimously. 6.b. The City Manager reported the 1975-76 Municipal Budget should be passed by motion to finalize the budget and set a Public Hearing to be held on September 8, 1975. At that meeting the budget can be adopted officially. Mr. Gent moved that the City Council finalize the City of Delray Beach's 1975-76 Budget as agreed upon at workshop on August 18, 1975, seconded by Mr. Randolph. Tke City Attorney explained the language "finalize the budget" is the exact language out of the Florida Statutes; after Council finalizes the budget, publications must be made to adopt the budget and to have a hearing on the millage. The motion passed unanimously. 6.c. The City Manager stated he had discussed with the City Attor- ney the matter of authorizing the firm of Russell & Axon to prepare a Sewer Use Ordinance in accordance with Federal EPA regulations regarding the South Central Regional Wastewater Treatment and Disposal Plant. He recommended this item be discussed at a future workshop meeting by Councilmembers. Mr. Sanson so moved, seconded by Mr. Randolph, said motion passing unanimously. 6.d. The City Manager recommended that Council authorize by motion ~-i~y compliance with Chapter 15 of the City's Code of Ordinances and direct the City Clerk to provide for abatement of the nuisances determined to exist. Mr. Randolph so moved, seconded by ~¢~. Gent. The City Attor- ney requested that it be moved that a nuisance be declared to exist on the property listed in Items 1 through 4 of the Nuisance List. Mr. Randolph accepted the amendment, seconded by Mr. Gent. The motion passed unanimously. 6.e. The City Attorney reported the Administration, the Labor Attorneys for the City and he have been pursuing a route to have a con- sent election take place in the Police Department between the FOP and the PBA. As of this time, the City does not know whether or not they have signed the agreement submitted to them by the City. There is a hearing scheduled for tomorrow. The City Attorney requested Council to move for the authorization for the City to execute the agreement subject to the City Attorney's approval. Mr. Randolph so moved, seconded by Mr. Gent. The hearings are scheduled to begin at 9:00 A.M., August 26th. The motion passed unanimously. 6.f. City Manager Mariott reported there is presently a vacancy on the General Employees' Retirement Committee due to the resignation of Mr. Walter Cook. Mr. Jack L. Saunders, Chairman of the Committee, has recommended the appointment of Mr. John L. Pitts, III to replace Mr. Cook. Mrs. Krivos moved that Mr. John L. Pitts, III be appointed to the General Employees' Retirement Committee, seconded by Mr. Sanson. The motion passed unanimously. 6.g. The City Manager reported Council informally agreed at its August 19th workshop meeting to make the following appointments to the City's C~mmunity Appearanc_ Board: Mr. Robert G. Currie - Architect, Mr. Swan Brown - Landscape Architect, and Mr. M. V. Kelly - Layman, to two-year terms; and Mr. Ernest G. Arias - Architect, and Mrs. Frances Fry - Laywoman, to one-year t=rms. The five named persons are to serve as regular members of the Board and. the following are to serve as alternate members for a one-year term: Messrs. Roy Simon'and Leon Weekes. Mr. Gent moved to appoint Messrs. Currie, Brown and Kelly for two-year terms, Mr. Arias and Mrs. Fry to one-year terms, and Messrs. Simon and Weekes as alternate members of the Board, seconded by Mr. Randolph. The motion passed unanimously. --3-- 8-25-75. 152 ~..h. The City Manager reported Mrs. Howard McGinn has resigned as a member of the City's Beautification Committee and Council informally agreed at its August 18th workshop meeting to appoint Mr. Robert E. Stafford to replace Mrs. McGinn. Mr. Stafford resides at 219 Palm Trail, Delray Beach. Mr. Sanson moved for the appointment of Mr. Robert E. Stafford as a member of the Beautification Committee replacing Mrs. Howard McGinn, seconded by Mr. Randolph, said motion passing unanimously. 6.i. The City Manager stated it is recommended that Council author- ize, by motion, the firm of Arthur V. Strock & Associates, Inc., Con- sulting Engineers, to prepare a 24-month follow-up study on the beach restoration project and do other related work in connection with same as discussed at the August 12th workshop meeting. The cost for the work will be $9,200, said funds to com~ from the Beach Restoration Fund. _ Mr. Randolph moved that the firm of Arthur V. Strock & Associates, Inc., be approved to prepare a 24-month follow-up study on the Beach Restora- tion Project and do other related work, and that the sum of $9,200 be taken from the Beach Restoration Fund, seconded by Mr. Gent. The City Manager stated there is a possibility the City will be reimbursed for these funds. The motion passed unanimously. 7.a. Mayor Scheifley acknowledged receipt of the minutes of the Beautification Committee meetings held on August 6, 1975. 7.b. City Manager Mariott reported the City is in receipt of an application for a Certificate of Public Convenience and Necessity which will license a new taxicab company in the City, if passed. A Public Hearing has been scheduled to be held at this time concerning the appli- cation. Notification has been made to all of the license kolders in the City of which there are seven. The seven presently licensed com- panies are licensed to operate a total of 14 taxicabS. Tke application under consideration is the application of City-Economy Cab Company, Inc., d/b/a Yellow Cab and Airport Limousine Service, headquartered in west Palm Beach. Mayor Scheifley asked if any investigation of the applicant has been made. The City Manager stated th%-aPPlicant had applied about three or four years ago for a license and an investigation had been made at that time; no evidence was uncovered that would indicate the license should not be granted to this company. There has not been a current investigation conducted. Mayor Scheifley declared the Public Hearing open. Mr. Harry Miller, President and owner of Yellow Cab and Airport Limousine Service, stated his company is the largest in Palm Beach County and he has been in business for 22 years. His company operates in Riviera Beach, Palm Beach, West Palm Beach, Lake Worth, Boynton Beach and the unincorporated areas of the County, and holds the airport con- cessionaire contract for ground transportation at Palm Beach International Airport. He stated his reason for requesting permits in Delray Beach is to serve the City and to operate in the City on a reciprocal basis, i.e., from Boynton Beach and surrounding areas to and from the City of Delray Beach. At the present time, his taxicabs can pick people up in Boynton Beach and deliver them to Delray Beach, but cannot pick them back up in Delray Beach and return them to Boynton Beach. The same holds true for the airport. Mrs. Barbara Queen, 2030 N. Federal Highway, Boynton Beach; Mrs. Anne Sheraden, Boynton Beach Seaview Trailer Park, Boynton Beach; and Mrs. Christine Murphy, 131 S.W. 1st Avenue, Boynton Beach, spoke concerning the need for having the taxicabs licensed in Delray Beach. Mr. Bernard Werther of Homar Taxicab in Delray Beach; Mr. Mark O'Neal, 49 N.W. 10th Avenue, Delray Beach (O'Neal's Taxicab); Mr. Eddie Newell, 344 N.W. 3rd Avenue, Delray Beach; Mr. Charles Bent, 330 S.E. 1st Avenue, Delray Beach; Mr. Freddie Monroe, 305 S.W. 2nd Street, Delray Beach; and Mr. Bill Cardin of Delray Beach, spoke against the need for additional taxicabs in the City. Mr. Miller stated he had a 24-hour operation, and at no time would there be 7 taxicabs in the City of Delray Beach; he said his base of operation would remain in Boynton Beach although there would be established a' taxi stand somewhere in the City. The City Attorney reported he would check on the necessity of the applicant obtaining an occupational license if Council should grant the request. After considerable discussion, Mr. Sanson moved to approve two permits. The motion died for lack of a second. Mr. Gent moved to approve three permits, seconded by Mr. Sanson. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - No; Mr. Randolph - No; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 3 to 2 vote. 8-25-75. · 153 8.a. The City Manager presented Resolution No. 41-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING PALM BEACH COUNTY' S POSITION CONCERNING THE COASTAL RESTOP~TION AND PRE- SERVATION PROGRAM, WHICH POSITION ASSERTS THAT THE SOUTH LAKE WORTH INLET SAND TRANSFER PLANT MERITS HIGHEST PRIORITY FOR A PRELIMINARY ENGINEERING STUDY INTENDED TO DETERMINE THE MEANS FOR IMPROVED PRO- DUCTIVITY OF THE PLANT. (Copy of Resolution No. 41-75 is attached to the official copy of these minutes.) City Manager Mariott reported the Palm Beach County Commission has a ten year program aimed at designing and constructing the cure for the beach erosion problem in Palm Beach County. This resolution states support for the County's planned program for restoration and maintenance of the County's beaches. The City Manager read the caption of the reso- lution. Mr. Sanson moved for the passage of Resolution No. 41-75, 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 5 to 0 vote. 8.b. The City Manager presented Ordinance No. 34-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 2, BLOCK 4, LAKE IDA GARDENS, AMENDED PLAT, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. [Copy of Ordinance No. 34-75 is attached to the official copy of these minutes.) A sketch was shown depicting the property. 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. Gent moved for the adoption of Ordinance No. 34-75 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 $cheifley - Yes. The motion passed with a 5 to 0 vote. 8.c.' The City Manager presented Ordinance No. 35-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (SE¼) OF THE SOUTHWEST QUARTER (SW¼) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDE- FINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAiD LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. (Copy of Ordinance No. 35-75 is attached to the official copy of these minutes.) A sketch was shown ~epicting the property. 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. Gent moved for the adoption of Ordinance No. 35-75 on second and final reading, seconded by Mr. Sanson. 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. 8-25-75. 8.d. The City Manager presented Ordinance No. 36-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF THE SOUTItWBST QUARTER OF SECTION 4, TOWN- SHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CON- TIGUOUS 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. (Copy of Ordinance No. 36-75 is attached to the official copy of these minutes.) A sketch was shown depicting the property. 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. After discussion, the City ' Attorney stated that although the sign in front of the Tyler House is non-conforming, the City could not force the owner to tear down the sign because he is coming into the City. Mr. Randolph moved for the adoption of Ordinance No. 36-75 on second and final reading, 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 5 to 0 vote. 8.e. The City Manager presented Ordinance No. 37-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REGULATING THE OPERATION OF BICYCLES; REQUIRING THE LICENSING OF BICYCLES; ESTABLISHING A LICENSE FEE FOR BICYCLES; PROVIDING FOR THE SALE OF SEIZED BICYCLES: PROCESSING OF J~;ENILE OFFENDERS- PROVIDING~A ~ ..... v TIONS OF BICYCLE REGULATIONS; PROVIDING A SAVING CLAUSE. (Copy of Ordinance No. 37-75 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. Mr. Walter D. Claus, 428 Bluebird Lane, Country Manors, Delray Beach, spoke concerning the arrangements to have the Police Department send a representative to the area at a given time to set up an inspec- tion station. He stated the Country Manors organization will provide whatever may be necessary to expedite the matter. The Chief of Police has agreed to handle this matter in such a manner. A resident of Imperial Villas asked why the ordinance was put into effect and objected to having to obtain a license for his bicycle. The City Attorney replied- two primary reasons exist for passing this ordinance: 1 - safety factor; and 2 - the police have a definite problem in returning stolen or lost bicycles and also in prosecuting persons stealing bicycles without serial numbers, etc. to aid in identification. There being no further objections, the Public Hearing was closed. F~s. Krivos moved for the passage of Ordinance No. 37-75 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 5 to 0 vote. 8.f. The City Manager presented Ordinance No. 38-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PURSUANT TO THE MUNICIPAL HOME RULE POWERS ACT, CHAPTER 166, FLORIDA STATUTES, REPEALING SECTION 24, CHAPTER 25786, SPECIAL LAWS OF FLORIDA, ACTS OF 1949 AS AMENDED, AND AMENDING -6- 8-25-75. · 155 CHAPTER 2, SECTION 2-1.1 OF T}~ CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH TO PROVIDE THAT EACH COUNCILMEMBER S}DtLL BE PAID A SALARY OF $300 PER MONTH AND THE MAYOR St~LL BE PAID A SALARY OF $400 PER MONTH; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. (Copy of Ordinance No. 38-75 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. Mrs. Nettie Durante, Imperial Villas, spoke against the raising of salaries for Councilmembers. There being no further objections, the Public Hearing was closed. The City Attorney stated the Finance Dir- ector had requested this raise be effective September 1, 1975, if passed, to facilitate the accounting records of the City. Mr. Gent moved for the adoption of Ordinance No. 38-75 on second and final read- ing, amended to be effective September 1, 1975, seconded by ~. Sanson. Mayor Scheifley and 5~. Sanson expressed reasons for supporting this action. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley- Yes. The motion passed with a 4 to i vote. 8.g. The City Manager presented Ordinance No. 33-75. AN ORDINANCE PURSUANT TO ARTICLE VIII, SECTION 2(b) OF THE 1968 FLORIDA CONSTITUTION AND CHAPTER 73-129, LAWS OF FLORIDA, THE MUNICIPAL HOME RULE POWERS ACT, AND SECTION 447.022, FLORIDA STATUTES, CHAPTER 74-100, LAWS OF FLORIDA, RELATING TO LABOR, IMPLEMENTING SECTION 6 OF ARTICLE I OF THE CONSTITUTION OF THE STATE OF FLORIDA; BY ADOPTING AN AMENDED PUBLIC EMPLOYEE ~LATIONS ORDINANCE; PROVIDING RIGHT TO MUNICIPAL F~[PLOYEES TO ORGANIZE AND BARGAIN COLLECTIVELY AS TO TERMS AND CONDITIONS OF EMPLOYMENT; PROVIDING METHOD OF BARGAINING PROCEDURE; CREATING AND PROVIDING ADMINISTRATION BY THE DELRAY BEACH PUBLIC EMPLOYEES RELATIONS COMMISSION; PROVIDING FOR CITY COUNCIL REVIEW OF COMMISSION RULES; DEFINING RIGHTS OF PUBLIC EMPLOYEES AND EMPLOYERS; PROVIDING PAYROLL DUES DEDUCTION; PROVIDING RULES AND PROCEDURES FOR REGISTRATION, RECOGNITION, AND CERTIFICATION OF EMPLOYEE ORGANIZA- TIONS AND BARGAINING AGENTS; PROVIDING PAYMENT OF FEES AND EXPENSES IN COLLECTIVE BARGAINING PROCESS; PROVIDING GRIEVANCE PROCEDURES; PROVIDING PROCEDURES FOR RESOLUTION OF IMPASSE; PROVIDING FACTORS TO BE CONSIDERED BY THE SPECIAL MASTER; PROVIDING FOR COMPENSATION AND RECORDS; ESTABLISHING UNFAIR LABOR PRACTICES BY EMPLOYERS AND EMPLOYEE ORGANIZATIONS; PROVIDING PROCEDURES TO RESOLVE UNLAWFUL ACTIONS AND PRACTICES; ESTABLISHING PENALTIES AND REMEDIES; PROVIDING INJUNCTIVE RELIEF; PROVIDING EFFECT ON MERIT AND CIVIL SERVICE SYSTEMS AND STATE AND LOCAL CONTROL OF SAME; ADOPTING THE PROVISIONS OF ~447.023, CHAPTER 74-100, LAWS OF FLORIDA, AS A PART HEREOF; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONTINUED EFFECTIVENESS OF EXISTING AGREEMENTS; PROVIDING AN EFFECTIVE DATE. The City Attorney explained this ordinance had been presented at the last regular Council meeting on second and final reading and was defeated. He stated he ha~ said at that meeting in order for it to be reconsidered, it would have to be moved by someone on the pre- vailing side, which is a correct rule under Roberts' Rules of Order. This ordinance is being introduced as a new piece of legislation. He stated Rule 700.1 of the PERC Rules and Regulations requires that the Notice of Intent to File an application be filed a minimum of 10 working days prior to the hearing. The labor attorneys have construed this to mean adoption after second and final reading; if this is correct, it is 8-25-75. 156 ' impossible to meet this regulation. Also when the application is filed, a copy of the ordinance adopted must be attached. Since the hearing is set for September 18, 1975, the ordinance will not meet the requirements unless a postponement of the hearing can be obtained. If this ordi- nance does not meet the requirements, the ordinance that is presently before PERC would be considered at the hearing. The City Attorney re- quested, if this ordinance is passed, that it be moved for passage with the provision that the ordinance is effective after review and approval by PERC. It was determined the ordinance could be passed on second and final reading at a special meeting held after the required 14 days have elapsed after first reading. After discussion, Mr. Sanson moved for the passage of Ordinance No. 33-75 on first reading, seconded by Mr. Ran- dolph. The City Manager read the caption of the ordinance. The City Attorney requested the motion be remade. Mr. Sanson moved for the passage of Ordinance No. 33-75 on first reading contingent upon review - and approval by PERC, seconded by Mr. Randclph. Upon roll call, Council voted as follows: Mr. Gent - No; Mrs. Krivos - No; Mr. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed with a 3 to 2 vote. 9.a. The City Manager reported the Planning and Zoning Board at a meeting held on August 19th recommended by unanimous vote that the south 58 feet of Lot 6 and all of Lots 7 and 8, Block 78, Section 16- 46-43, located at the northeast corner of the intersection of S.E. 2nd Street and S.E. 1st Avenue, be rezoned from RM-15 (Multiple Family) to C-1 (Limited Commercial). The City Manager explained the stores pre- sently on this property are non-conforming uses and the change in zoning would bring them into conformance with the zoning ordinance. Mrs. Krivos moved for Council to direct the City Attorney to draft an ordinance effecting this rezoning for consideration at the next regular meeting, seconded by ~. Randolph. Discussion was held concerning the proposed use of the south 58 feet of Lot 6, owned by Mr. LeRoy Merritt. It was determined the usage could be handled by the Board of Adjustment. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; ~. Randolph - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The metion passed with a 5 to 0 vote. 10. The following Bills for Approval were unanimously approved on motion by Mr. Sanson and seconded by Mr. Randolph. General Fund ............. $291,971.28 Water and Sewer Fund ......... 17,758.84 Cigarette Tax Fund .......... 51,172.50 Improvement Trust Fund ........ 58.50 Beach Restoration Fund ........ 2,'267144 Federal Revenue Sharing Fund ..... 3,635.00 The meeting was adjourned at 10:24 P.M. ' .' City Clerk APPRg~ED,: -~ , // MAYOR -8- 8-25-75. 156A RESOLUTION NO. 41-75. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, SUPPORTING PALM BEACH COUNTY'S POSITION CONCERNING THE COASTAL RESTORATION AND PRE- SERVATION PROGRAM, WHICH POSITION ASSERTS THAT THE SOUTH LAKE WORTH INLET SAND TRANSFER PL~T MERITS HIGHEST PRIORITY FOR A PRELIMINARY ENGINEERING STUDY INTENDED TO DETERMINE THE MEANS FOR IMPROVED PRO- DUCTIVITY OF THE PLANT. WHEREAS, Palm Beach County is engaged in a ten (10) year Coastal Restoration and Preservation Program; and, WHEREAS, the coastal section between the South Lake Worth Inlet and Delray Beach has been identified as meriting the highest priority for the undertaking of preliminary engineering; and, WHEREAS, the function of the South Lake Worth Inlet Sand 'Transfer Plant is a small but integral part of the total Coastal Restoration and Preservation Program; and, WHEREAS, the findings of the preliminary engineering could b'e ex- pected to be helpful in contraverting the present injunctions against relocation of the South Lake Worth Inlet Sand Transfer Plant; and, WHEREAS, it is our opinion that the Sand Transfer Plant, in its present location, cannot be operated efficiently to restore the littoral transport; and, W~EP~EAS, the possibility exists that the configuration of the South Lake Worth Inlet is a material contributor to the erosion problem and thus suggests ~the need for preliminary engineering for the most effective operation of the Sand Transfer Plant at South Lake Worth Inlet; and, WHEREAS, the historic criticality of erosion in this area is docu- mented by the Corps of Engineers and demonstrated by the loss of Ocean Boulevard several times over the last 50 years which necessitated its partial relocation; and, WHEREAS, the Corps of Engineers has authorized a project in this section, thereby making it available for Federal funding, the extent of which can be determined by preliminary engineering; and, WHEREAS, the State of Florida has also recognized the need for a project in this section and previously programmed funds in HB 2809, 1974 for release in Fiscal Year 1976-77, and 'now in agreement with current legislation funds would be available on completion of an approved project, ~the extent of this funding can be determined by preliminary engineering; and, WHEREAS, the effect of any project arising from such preliminary engineering would be beneficial to the existing project located within the City limits of Delray Beach, NOW, THEREFORE, BE' IT RESOLVED THAT THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, hereby ~trongly supports the County's position and urges the County to embark on the preliminary engineering, including a detailed study of the Sand Transfer Plant at the South Lake Worth Inlet, as promptly as practicable. PASSED AND ADOPTED in regular seSsion on this the 25th day of August, 1975. ATTEST: ~ /- City Clerk - 156B XMPROVED 1025 NW 5th Avenue Delray Beach, Fl. 33444 ORDINANCE NO. 34-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH LOT 2, BLOCK 4, LAKE IDA GARDENS, A~ENDED PLAT, WHICH LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOUNDARIES OF SAID CITY TO INCLUDE SAID LAND; PRO- VIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, HARRY C. KLINE and NANCY ANN KLINE, his wife, are the fee simple owners of the property hereinafter described; and, WHEREAS, HARRY C. KLINE and NANCY ANN KLINE, his wife, by their petition, have consented and given permission for the annexation of said property by the City of Delray Beach; and, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter. Of said City granted to it by the State of Florida, NOW, THEREFORE, BE IT ORDAINED 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, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: Lot 2, Block 4, Lake Ida Gardens, Amended Plat, according to the Plat thereof recorded in Plat Book 23, Page 192, of the Public Records of Palm Beach County, Florida. SECTION 2. That the Boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be i'n Zoning District R-1AA, as defined by existing ordinances of the City of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immediately become .subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That .if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a Court of competent, jurisdic- tion, such record of illegality shall in no way affect the remaining ~portion. PASSED AND ADOPTED in regular session on the second and final reading on the 25th day of August , 1975. J City Clerk First Reading July 28, !975 Second Reading . August 25r 1975 156C IMPROVED 2000 N Federal Hwy., Delray Beach, Fi. 33444 ORDINANCE NO. 35-75 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND, NAMELY A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER (S.E.1/4) OF THE SOUTHWEST QUARTER (S.W.1/4) OF SECTION 4, TOWNSHIP 46 SOUTH, RANGE 43 EAST, 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. WHEREAS, KARL RUBENSTEIN and ETHEL RUBENSTEIN, his wife, are the fee simple owners of the property hereinafter described; and, WHEREAS, KARL RUBENSTEIN and ETHEL RUBENSTEIN, his wife, by their petition, have consented and given permission for the annexation of said property by the City of Delray Beach; and, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida; NOW, THEREFORE, BE IT ORDAINED 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, Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: A parcel of land lying in the Southeast Quarter (S.E. 1/4) of the Southwest Quarter (S.W. 1/4) of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commencing at ~he intersection of the South line of said SectiOn 4 and the West right of way line of State Road No. 5 (U.S. Highway No. 1), as shown in.Road Plat Book 2 on page 158,~ public records of Palm Beach county, Florida; thence Northeasterly, along said West right of way line, a distance of 22.75 feet to the beginning of a curve concave to the East, said curve having a radius of 5,779.65 feet; thence Northeasterly, along the arc of said curve, being also the said West right of way line of State Road No. 5, a distance of 157.25 feet; thence Northwesterly, making an angle with the chord of the preceding course of 87° 06' 53", measured from South to West, a distance of 180.98 feet to the Point of Beginning; thence Southwesterly, making a~ angle with the preceding course of 92o 05' 37", measured from East to South, a distance of 200.0 feet to an intersection with said South Section line of Section 4; thence Westerly, making an angle with the preceding course of 98° 28' 35", measured from North to West and along said South Section line, a distance of 50.55 feet; thence Northeasterly, making an angle with the preceding course of 81° 31' 25", measured from East to North, a distance of 205.62 feet; thence 156D Southeasterly, making an aggle with the preceding course of 92o 05' 37", measured from South to East, a distance of 50.03 feet to the Point of Beginning. Containing 10,140 square feet, more or less. SECTION 2. That the boundaries of the city of Delray Beach, Florida, are hereby redefined so as to include therein the above described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District C-1 Limited Commercial, as defined by existing ordinances of the CitY of Delray Beach, Florida. SECTION 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunitieS, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and perspns residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase, clause, sentence or part of this ordinance shall be declared illegal by a Court of competent juris- diction, such record of illegality shall in no way affect the remaining portion. PASSED A~ ADOPTED in r~gular session on the second and final reading on the 25th day of August , 1975. ATTEST: ~ City Clerk First Reading. July 28', 1975 Second Reading August 25, 1975 Ord. No. 35-75 156E IMPROVED 2020 N Federal Hwy., Delray Beach, Fl. 33444 ORDINANCE NO. 36-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PARCEL OF LAND LYING IN THE SOUTHEAST QUARTER OF THE SOUTHWEST QUARTER OF SECTION 4, TOWN- SHIP 46 SOUTH, RANGE 43 EAST, WHICH LAND IS CON- TIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY; REDEFINING THE BOL~NDARIES OF SAID CITY TO INCLUDE SAID LAND; PROVIDING FOR THE RIGHTS AND OBLIGATIONS OF SAID LAND; AND PROVIDING FOR THE ZONING THEREOF. WHEREAS, CHARLES E. WILSON and JANET L. WILSON, his wife, are the fee simple owners of the property hereinafter described; and, WHEREAS, CHARLES E. WILSON and JANET L. WILSON, his wife; by their petition, have consented and given permission for the annexation of said property by the City of Delray Beach; and, WHEREAS, the City of Delray Beach has heretofore been authorized to annex lands in accordance with Section 185.1 of the City Charter of said City granted to it by the State of Florida, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. That the City Council of the City of Delray Bea~h~ Palm Beach County, Florida, hereby annexes to said City the following described tract of land located in Palm Beach County, Florida, which lies contiguous to said City, to-wit: A parcel of land lying in the Southeast Quarter (SE¼) of the Southwest Quarter (SW¼) of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, more particularly described as follows: Commencing at the intersection of the South line of said Section 4 and the West right-of-way line of State Road No. 5 (U.S. Highway No. 1) as shown in Road Plat Book 2 on page 158, Public Records of Palm Beach County, Florida; thence Northeasterly, along said West right- of-way line, a distance of 22.75 feet to the beginning of a curve concave to the East, said curve having a radius of 5,779.65 feet; thence Northeasterly, along the arc of said curve, being also the said West right-of-way line of State Road No. 5, a distance of 157.25 feet to the point of beginning; thence Northwesterly, making an angle with the chord of the preceeding course of 87o06'53'', measured from South to West, a distance of 180.98 feet to an intersection with the East right-of-way line of Old Dixie Highway, said intersection being 200.00 feet North- easterly of the said South line of Section 4 as measured along the East rigkt-of-way line of Old Dixie Highway; thence Northeasterly along said East right-of-way line of Old Dixie Highway, a distance of 207.85 feet to an intersection with a line parallel to, and 200 feet Southerly (measured at right angles) from the South line of Delray Beach Estates, according to .the plat there- of recorded in Plat Book 21, page 13, Public Records of Palm Beach County, Florida; thence Easterly along said parallel line a distance of 193.75 feet to a point in the said West right-of-way line of State Road No. 5; thence Southwesterly along said curve, being also the said West right-of-way line of State Road No. 5, a distance of 230.06 feet to the Point of Beginning. 156F Together with a parcel of land in the Southeast quarter of the Southwest Quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida, more particu- larly described as follows: Beginning at the intersection of the Easterly right-of- way line of the Dixie Highway with a line parallel to, and 200 feet Southerly (measured at right angles) from, the South line of Delray Beach Estates, according to the plat thereof recorded in Plat Book 21, Page 13, Public Records of Palm Beach County, Florida; thence Easterly along said parallel line of 193.75 feet, more or less, to a point in the Westerly right-of-way line of State Road No. 5 (U.S. Highway No. 1); thence Westerly to a point in the Easterly right-of-way line of said Dixie Highway 25 feet Northerly, measured along said right-of-way line, from the point of beginning; thence Southerly along said Easterly right-of-way line 25 feet to the point of beginning. ALSO, a parcel of land lying in the Southeast Quarter of the Southwest Quarter of Section 4, Township 46 South, Range 43 East, Palm Beach County, Florida; more particu- larly described as follows: Commencing at the intersection of the South line of said Section 4 and the West right-of-way line of State Road No. 5 (U.S. Highway No. 1) as shown in Road Plat Book 2 on Page 158, Public Records of Palm Beach County, Florida; thence Northeasterly along said West right-of-way line, a distance of 22.75 feet to the beginning of a curve concave to the East, said curve having a radius of 5,775.65 feet; thence Northeasterly, along the arc of said curve, being also the said West right-of-way line of State Road No. 5, a distance of 157.25 feet; thence Northwesterly, making an angle with the chord of the preceeding course of 87© 06'53", measured from South to West, a distance of 180.98 feet to the Point of Beginning; thence Northeasterly, making an angle with the preceeding course of 87o54'23'', measured from East to North, a distance of 232.85 feet; thence Northwesterly, making an angle with the preceeding course of 88056'24'', measured from South to West, a dis- tance of 50.01 feet; thence Southwesterly, making an angle with the preceeding course of 91o03'36'', measured from East to South, a distance of 233.75 feet; thence Southeasterly, making an angle with the preceeding course of 87o54'23'', measured from North to East, a distance of 50.03 feet to the Point of Beginning. Containing 11,665 square feet, more or less. This property is bounded on the North by N.E. 21st Street if extended easterly, on the South by N.E. 20th Street if extended easterly, on the west by Old Dixie Highway and on the East by U.S. Highway No. 1. SECTION 2. That the boundaries of the City of Delray Beach, Florida, are hereby redefined so as to include therein the above described tract of land and said land is hereby declared to be within the corporate limits of the City of Delray Beach, Florida. SECTION 3. That the tract of land hereinabove described is hereby declared to be in Zoning District C-1 (Limited Commercial), as defined by existing ordinances of the City of Delray Beach, Florida. -2- Ord. No. 36-75. 156G SECTION 4. That the land hereinabove described shall immediately become subject to all of the franchises, privileges, immunities, debts, obligations, liabilities, ordinances and laws to which lands in the City of Delray Beach are now or may be subjected and persons residing thereon shall be deemed citizens of the City of Delray Beach. SECTION 5. That if any word, phrase,'clause, sentence or part of this ordinance shall be declared illegal by a Court of competent juris- diction, such record of illegality shall in no way affect the remaining portion. PASSED AND ADOPTED in regular session on second and final reading on this the 25th day of August , 1975. ATTEST: City Clerk First Reading. J~ul¥ .28, 1,.9,75 Second Reading ..Auqu. st 25, 1975 -3- Ord. No. 36-75. 156H ORDINANCE NO. 37-75. AN ORDINANCE OF TIE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REGULATING THE OPERATION OF BICYCLES; REQUIRING THE LICENSING OF BICYCLES; ESTABLISttING A LICENSE FEE FOR BICYCLES; PROVIDING FOR THE SALE OF SEIZED BICYCLES; PROCESSING OF JUVENILE OFFENDERS; PROVIDING A PENALTY FOR VIOLA- TIONS OF BICYCLE REGULATIONS; PROVIDING A SAVING C.LAUSE. WHEREAS, the CJ. ty of Delray Beach does not now have any regulations concerning the licensing, identification and regulation of bicycles; and, WHEREAS, without such regulations it is difficult to identify stolen bicycles and return them to their lawful ov~ers; and, WHEREAS, without inspections required by law, adults and children of the City of Delray Beach will be utilizing bicycles that are unsafe; and, WHEREAS, it is the opinion of the City Administration and the City Council that such regulations should be enacted and enforced, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. Application of Ordinance. This ordinance applies to every highway, street, road, alley, sidewalk and bicycle path in the City of Delray Beach including ~=~n~ lots oark areas~ beach, recreational areas and open spaces; and to all shopping plazas, public parking areas and every other way within the corporate limits of the City of Delray Beach which is open to the use of the public as a matter of right or by expressed or implied invitation of the owner for the purposes of vehicular or pedestrian traffic. Section 2. Bicycle Defined. A bicycle is any device propelled by human power upon which any person or persons may be seated to ride, which has one, two or three wheels, either of which is sixteen (16") inches or more in *diameter. It shall include devices known as unicycles and tricycles as well as bicycles, and shall include any device generally recog- nized and referred to as a bicycle, although it may be equipped with two front or two rear wheels. Section 3. License Required for Bicycles. No person shall ride or propel a bicycle unless such bicycle has been licensed as required hereunder, or unless it is owned by a non-resident of Delray Beach and is duly licensed and registered by such owner according to the requirements or ordinances of his or her place of residence. Section 4. Application for License and Fee. (D) Application for a bicycle license shall be made upon a form p~k~ided by the City ar~made to the Director of Finance of the City of. Delray Beach, by and through the employees and agents of th~ City Police Department. ;n annual license fee of one dollar ($1.00) shall be paid to the City before each license or renewal thereof is granted, except as set forth below. 156I (bI Waiver of Fee. (1) Bonus period - if an applicant applies for a license and successfully pasges the requirements therefor between a period 45 to 30 days prior to the expiration date for licenses or 45 through 30 days prior to the application date for the initial licenses to be issued under this ordi- nance, then there shall be no fee chargeable to said applicant for this issuance of the license. (2) Successful completion of Bicycle Safety Clinics - upon~ presentation of proof of successful completion of a bicycle safety clinic approved by the employees and agents of the City Police Department administering this ordinance, an applicant, upon meeting the other requirements set forth herein, shall be entitled to the issuance of a license without charge. Section 5. Issuance of License and Record Keeping. (a) The Police Department upon receiving proper application and the fee therefor is authorized to issue a bicycle license which shall be effective for a period of one (1) calendar year, except the initial licenses issued.hereunder which must be procured by September 30, 1975, and will be effective'until midnight, December 31, 1976. (b) No license shall be issued for a bicycle where the Police Department's employee or agent in charge knows or has reasonable ground to believe that the applicant is not the owner or is entitled to possession of such bicycle. (c) The Police Dep~rtmen~ shall keep a record of the number of each bicycle license issued, the date of issue, the name and address of the person to whom issued, the number on the frame of the bicycle for which issued, the model or manufacturer's name if that can be determined, and the amount of the fee collected for such license. (d) If a bicycle to be licensed does not have a permanent number affixed to the frame (serial number), the Police Department shall affix such a number and keep a r~cord thereof. Section 6. License Plates or Tags for Bicycles. (a) Upon issuance of a bicycle license, the Police Department shall issue a license bearing the license number assigned to the bicycle, the expiration date thereof and containing the legend that it is issued for the City of Delray Beach. (b) The Police Department shall cause or require such license to be firmly attached in a uniform position on the bicycle for which issued so as to be plainly visible and prominently displayed. (c) No person shall remove a license from a bicycle during the period for which issued, except upon a transfer of ownership or final disposal or scrap thereof. Section 7. Bicycle Inspection. The Police Department shall cause to be inspected each bicycle before licensing the same and shall refuse a license for any bicycle %.hich is determined to be in an unsafe mechanical condition or lack- ing any of the safety equipment as may be required hereunder. -2- Ord. No. 37-75. 156J .' Section 8. License Renewal. Owners and operators of bicycles required hereunder to apply for a license shall at all times have a current effective bicycle license affixed to their bicycle. It shall be the responsibility of said owners and operators to apply for and receive license renewal in sufficient time each year so that their existing license does not lapse prior to such renewal. Section 9. Transfer of Ownership. Upon the sale or transfer of a licensed bicycle, the licensee shall remove the ].icense and shall surrender the same to the Police Department. Section ]_0. Report of Sale of Bicycles. (a) Any person, firm or corporation engaging in the business of buying or selling bicycles shall make a report to the Police Department of every bfcycle purchased or sold, giving the name and address of the person from whom purchased and to whom sol~, a des- cription of such bicycle by name, or make, the frame number thereon and the number of the license, if any, found thereon. (b) The reports required by this section shall begin September 30th, 1975, and shall thereafter be furnished not later than the 28th of each month. (c) The initial report shall cover the period beginning Septem- ber 1st and ending the date the report is being made. ~) Subsequent reports shall cover the period beginning the day after the previous month's report through the date the current report is being made. Section 11. Abandoned Bicycles - Duty of Police to Take Possession; Notification of Owner, if Known. When any bicycle shall remain upon any public street or other public way, public park or other public grounds of the City for a continuous period of forty-eight (48) hours or more, or reasonably appears to be abandoned, such bicycle shall be taken possession of by the Chief of Police or any policeman of the City and stored at some convenient place. If the owner of such bicycle be known, he shall at once be notified that the bicycle is in the custody of the Police Department and directed to repossess himself of such bicycle within 10 days and that if he does not, that the bicycle will be sold and the proceeds disposed of as provided by general law. Section 12. Seized Bicycles. When a bicycle is seized by the Police Department pursuant to an investigation involving a violation of law, the Police Department, after it no longer requires the possession of said bicycle for evi- dence or other legitimate purposes connected with said investigation, shall notify the owner of the bicycle, if known, to repossess himself of such bicycle within 10 days and that if he does not that the bicycle will be sold and the proceeds disposed of as set forth below. .,,~,.Section 13. Sale of. Seized Bicycles. If the residence or address of the owner cannot be ascertained ...or the owner fails to take possession of the bicycle within ten (10) days after the mailing of notice provided for in the preceding sec- tion, such bicycle shall be sold at public auction by the City Clerk -3- ,Ord. No. 37-75. 156K at some place within the City, but, prior to the sale, a notice shall be published in some newspaper published in the City, publication to be at least ten (10) days prior to the date of sale. Such notice shall give the time, place and nature of the sale, including a general description of the article to be sold. The City shall not guarantee or warrant a title to such bicycle, but instead shall furnish the purchaser a suitable receipt of purchase at auction. Section 14. Rights of the Owner. The owner of a seized bicycle may take possession of the same at any time prior to the sale, provided for in the preceding section, but such person shall reimburse the City for all reasonable expenses for storage, advertising or other expense incurred in connection therewith. Section 15. Proceeds from Sale of Seized Bicycles. If any seized bicycle shall be sold as provided in this ordi- nance, the proceeds of such sale, after paying all the cqsts actually expended for advertising or otherwise in such sale, shall be deposited in the account of the City of Delray Beach in the same manner as any other item of City Funds. Section 16. Bicycle Regulations. (a) Every person riding a bicycle shall be granted all of the rights and be subject to all of the duties applicable to the driver of a vehicle, except as to special regulations in this ordinance. (b) A person propelling a bicycle shall not ride other than upon or astride a permanent and regular seat attached thereto. (c) No bicycle shall be used to carry more persons at one time than the number for which it is designed and equipped. (d) No person riding upon any bicycle shall attach the same or himself to any vehicle. (e) Every person operating a bicycle shall ride with the flow of traffic as near to the right side of the roadway as practicable, exercising due care when passing a standing vehicle or one proceeding in the same direction. (f) Persons riding bicycles shall not Yide more than two (2) abreast except on paths or parts of roadways set aside for the ex- clusive use of bicycles. kg) Any person operating a bicycle shall keep at least one hand upon the handlebars. (h) Any person riding a bicycle apProaching a pedestrian from the rear shall warn such pedestrian of such approach by giving a clearly audible or vocal warning at least fifty (50) feet from said pedestrian. (i) Bicycle riders in all cases shall yiel~ the right-of-way to pedestrians lawfully present upon any bicycle path, sidewalk or in the crosswalk of any street. (j) This section shall not apply upon any street while set aside as a play or recreation street authorized by this ordinance or designated by the state, county or City of Delray Beach. -4- Ord. No. 37-75. 156L Section 17. Bicycle Safety Equipment Required. (a) No person shall operate a bicycle unless it is equipped with a bell or horn or warning device capable of giving a clearly audible signal for a distance of at least fifty (50) feet in all directions. (b) Every bicycle shall be equipped with a good and sufficient mechanical brake which will enable the operator to make a safe and controlled stop from a moving position sufficient to make the braked wheel skid on dry, level and clean concrete or asphalt pavement. (c) After sundown, every bicycle shall be equipped with a lamp on the front exhibiting a white light visible from a distance of at least five hundred (500) feet to the front and a lamp on the rear exhibiting a red light visible from a distance of five hundred (500) feet to the rear, except that a red reflector meeting the re- quirements of this section may be used in lieu of the red light. All such lamps and reflectors shall be in place and in operation when- ever a bicycle is operated after sundown. The lights provided for hereunder may be either the fixed or removable type. Section 18. Parental Responsibility. ND parent of any minor child and no guardian of any minor ward shall authorize or knowlingly permit any such minor child or ward to violate any of the provisions of this ordinance. Section 19. Penalties for Violation of Bicycle Regulations. (a) By non-juvenile offender - Any person not a juvenile, as such is defined by the laws of the State of Florida, found guilty of a violation of any provisions hereof shall be punished by a f~ne of not more than $25.00. (b) By a juvenile offender - Any person who is a juvenile, as such is defined by the laws of the State of Florida found guilty of a violation of any provisions hereof shall be punished by the court ordering the bicycle owned, operated or in the control of said minor to be impounded in the care and custody of the Police Department of the City of Delray Beach for such period as the court may determine, but in any event not to exceed sixty (60) days. The court may also issue a reprimand in writing directed to the said minor or his parents or guardian, or both, concerning the gravity and seriousness of the offense committed. (c) Duty to appear - Any persons charged with a violation of any provision of this ordinance which is adopted as an ordinance of the City of Delray Beach and who has been released on his or her own recognizance, and nevertheless fails to appear in the Municipal Court of the City of Delray Beach on the date and time set or designated, shall be guilty of a violation of the Code of Ordinances of the City of Delray Beach and shall be subject to punishment therefore in accordance with the provisions of Section 1-6 of the Code of Ordi- nances of the City of Delray Beach. Section 20. Separability. If any section, subsection, sentence, clause, phrase or portion of this ordinance is for any reason held invalid or unconstitutional by any court of 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. -5- Ord. No. 37-75. 156M ~ Section 21. Authority to Codify. The above ordinance is hereby adopted and shall be codified in the Code of Ordinances of the City of Delray Beach, Florida. PASSED AND ADOPTED in regular session on second and final reading on this the 25th day of August , 1975. ATTEST: . U City' Clerk First Reading July 28, 1975 Second Reading August 25, 1975 -6- Ord. No. 37-75. 156N ORDINANCE NO. 38-75. Aiq ORDINANCE OF THE CITY COUNCIl. OF TIlE CITY OF DELP~AY BI~ZACH, FLORIDA, )?URSUANT TO THE MUNICIPAL HOME RULE POWERS ACT, CHAPTER 166, FLORIDA STATUTES, REPEALING SECTION 24, CHAPTER 25786, SPECIAL LAWS OF FLORIDA, ACTS OF 1949 AS AMENDED, AND AMENDING CHAPTER 2, SECTION 2-1.1 OF THE CODE OF ORDINANCES OF THE CITY OF DELP~AY BEACH TO PROVIDE TIIAT EACH COUNCILMEMBER SHALL BE PAID A SALARY OF $300 PER MONTH ~ND THE MAYOR SHALL BE PAID A SALARY OF $400 PER MONTIt; REPEALING ALL ORDINANCES OR PARTS OF ORDINANCES IN CONFLICT HEREWITH. WHEREAS, the compensation paid to Councilmembers and the Mayor of the City of Delray Beach, Florida, has not been changed since the year 1969; and, WHEREAS, the duties required of Councilmembers and the Ma~0r have increased substantially since that time; and, WHEREAS, the Municipal Home Rule Powers Act, Chapter 166 of the Florida Statutes confers upon the City the authority to alter the compen- sation of Councilmembers and the Mayor without a Special Act of the State Legislature; and, WHEREAS, an official Attorney General's opinion, 73-276, confirms this authority, ~w ~HE~ORE BE IT Ok~AIN~n BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 24 of Chapter 25786, Special Laws of Florida, Acts of 1949 as amended, is hereby repealed. Section 2. That Sec. 2-1.1 of Chapter 2 of the Code of Ordinances of the City of Delray Beach, as amended, be further amended as follows: Sec. 2-1.1. Compensation of councilmen and mayor. Each member of the city council of the City of Delray Beach, Florida, during the term of his or her term of office, shall receive compensation in the amount of ~wo h~n~e~-~~s-~$~8~ three hundred dollars ($300.00) per month, and the mayor of said city, during his or her term of office, shall receive compensation in the amount of ~h~ee-h~n~ed-d~&~-~.~8~88~ four hundred dollars ($400.00) per month. Section 3. That all ordinances or parts of ordinances in conflict herewitk be and the same are hereby repealed. Section 4. That this ordinance shall become effective September 1, 1975. PASSED AND ADOPTED in regular session on second and final reading on this the 25th day of August , 1975. ~' "~ ~_/'~ -~.c' ~ ,, ,:. City Clerk First Reading July..28~_1975'~_ Second Reading Au~]s~._ 25, ]9?5 ..