Loading...
12-22-75 231 DECEMBER 22, 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, December 22, 1975, 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 Ron I. Sanson, IV, present. 1. The Lord's Prayer was repeated in unison. 2. The Pledge of Allegiance 'to the Flag of the United States of ~merica was given. 3. The minutes o~'the regular meeting of December 8, 1975 and the special meeting of December 11, 1975, were unanimously approved on motion by Mrs. Krivos and seconded by Mr. Randolph. 4. Mr. Gent moved to delete Section 29-6.1(C) (43) from the Code of Ordinances, said section being CC Community Commercial District, Condi- tional Uses, Item (43) - Commercial recreational facilities within an .enclosed mall exluding billiard and pool facilities. Mr. Gent explained this would eliminate all recreational facilities in the Mall such as pool halls, pinball machines, etc. Theaters are not a conditional use, so they would not be affected. Mr. Gent stated he felt it cheapened the Mall and said the pinball area is attracting young people who are not in the Mall for any purpose other than playing pinball machines. He said he felt there should not be a bingo parlor in the Mall; a mall should be a place of shops, restaurants and a theater. Mr. Randolph stated he concurred in the thoughts expressed by Mr. Gent. He said he questioned at this time making such a change because of the present court case of the bingo establishment. Mr. Saberson answered if Council took this action with the understanding that in the event the bingo operation is successful in their court action that they would be allowed to continue, that he felt no inference could be drawn from Council's action. .He continued by saying a problem exists in that if you discon- tinue a non-conforming use for 180 days, that use can no longer be reinstated. Mr. Saberson stated the court case could possibly continue longer than 180 days in which case, under the City Code, they would effectively be precluded from .using the area as a bingo parlor whethe~ or not they win in court. The City Attorney recommended for the time being that this action be delayed. He said such an ordinance could be passed at a later date and felt action at this time might have some bearing on the court case, or might lead to a subsequent case. Mr. Saberson stated the fact that they had a permit would not have any bearing on the 180 day limitation and they would still be precluded from using the premises Mrs. Krivos concurred with Mr. Gent's sentiments, but said she felt Council should take the advice of the City Attorney. Mr. Sanson asked the City Attorney to clarify the 180 day non-conforming use which Mr. Saberson did. Mr. Sanson qUestioned what would prevent other recreational type businesses'from coming into the Mall. The City Attorney stated if this type business met the requirements of the Code, they could not be prevented from operating in the Mall. Mr. Randolph and Mayor Scheifley both stated they'concurred in ~r. Gent's suggestion, but in view of the comments made by the City Attorney, they felt they would have to vote against a motion, if made. Mr. Gent stated he would still like to make the motion. Mr. Gent moved that Council request the City Attorney to draft an amendment to the ordinance to delete Section 29-6.1(C) (43) CC Community Commercial District, Conditional Uses, Item 43, seconded by Mr. Sanson. ~pon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - No; Mr. Randolph - No; Mr. Sanson - Yes; Mayor Scheifley -No. The motion failed with a vote of 3 to 2. The City Attorney stated he would study the matter to determine if a method could be found to make an effective date delayed for-two or three months to perhaps preclude any future permits of this type in the Mall. 4.b. Mrs. Krivos wished all the people of Delray Beach a joyous ~-0-~day season and wished them the bes't for the coming year. 4.c. Mr. Randolph asked if traffic signalization has been planned for the intersection of 1-95 and Atlantic Avenue. The City Manager replied that the City's Traffic Engineering Department and the Department of Transportation have been studying methods to control traffic at this point. 4.d. Mrs. Krivos stated she had received several calls asking the situation on clearing the Glassman property. The City Attorney stated a notice was sent to the owners of the property on November 25, 1975, giving the owners 30 days to clear the property. Mrs. Krivos asked that the matter be expedited ' 4.e. Mr. Sanson stated he would like to make a formal motion to be read into the record concerning the Clemens' suit against the City. Mr. Sanson moved that Council instruct the City Attorney or his representative to contact Mr. Clemens' attorney with the purpose of ascertaining if out-of-court settlement terms could be brought forth from Mr. Clemens or his representatives and then report back to Council what the terms might be, seconded by Mrs. Krivos. Mayor Scheifley stated he thought this had been done previously. Mr. Sanson stated at this point the matter was a whole new law suit and he felt it should be done again. Mr. Gent asked why the case was now in Federal Court. The City Attorney replied Mr. Clemens was not alleging infringements of his Federal constitutional rights and is suing under Federal Statutes. He is attempting to enjoin State law claims with his Federal claims. 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.f. Mayor Scheifley reported it has been brought to his attention several times in the past that the people in the N.E. 8th Street area cannot walk to the beach w~.th danger since .there are no sidewalks. He asRed the City Manager to check the feasibility and advisability of constructing perhaps a bicycle path to enable people to walk or ride to .the beach. This would be in the general vicinity of Andrews Avenue to the beach. 5. There were no public requests from the floor. 6.a....~. The City Manager stated Mayor Scheifley had a communication from Mr. Leon Weekes. Mayor Scheifley read a letter from Mr. Weekes as follows: "Please accept this letter as my resignation from the Community Appearance Board effective January 1, 1976. I have enjoyed the opportunity of work- ing with this new Board during its formative stage, and my resignation is prompted solely by my intention to file as a candidate for the City Council in the near future. Sincerely, Leon M. Weekes." Mayor Scheifley suggested Council accept the resignation with regret and ask the City Manager to write to Mr. Weekes thanking him for his excellent service to the City in this capacity. The City Attorney stated any candidate holding office in the City must resign 10 days prior to the qualification date which is January 15, 1975. The City Manager suggested the Community Appearance Board should be asked if they would like to make a recommenda- tion for the replacement of Mr. Weekes. Mr. Randolph moved that Council accept the letter of resignation from Mr. Leon Weekes from the Community Appearance Board with regret, thank him for his faith'ful service to the City, and recommend that the Community Appearance Board recommend a replacement, seconded by Mr. Gent, said motion passing unanimously. 6.a..2. The City Manager stated that Item 8.b. on the agenda, Ordinance No. 55-75, if passed, be followed with an appointment of an Assistant City Attorney. 6.a13. City Manager Mariott reported the required elements of the Comprehensive Plan that the C~ty must, by law, submit to the Area Planning Board have been complied with concerning the deadline requirements. He stated some of the actions require Council action by o~dinance and he had explained to the Area Planning Board that' this could not be accom- plished at tonight's meeting. The Area Planning Board is expecting con- clusion of the necessary formal actions during the month of January, 1976. The City Manager stated he offered this information as a report to Council. --2-- 12-22-75. 233 6.b. The City Manager stated it is recommended that Council authorize the securing of public officials and employees' liability insurance coverage in the amount of $1,000,000 at an annual premium cost to the City of $3,994 from the International Surplus Lines Insurance Company as discussed at the workshop meeting on December 15th. This action is recommended by the City's Risk Management Consultant, Edward W. Siver. Mr. Sanson moved that Council authorize the securing of public officials and employees' liabJ, lity insurance coverage in the amount of $1,000,000 coverage at an annual premium cost o.f $3,994 from the International Surplus Lines Insurance Company with funds to come from the Insurance Account, seconded by Mr. Gent, said motion passing unanimously. 6.c. Mayor Scheifley acknowledged receipt of the minutes of the Beau'tification Committee for its December 3, 1975 meeting. He referred to page 2 of the minutes wherein the Beautification Committee requested the underplanting of the present coconut palms with Malayan coconut trees. He stated Dade County has lost 60% of their coconut palms and the experts in this field have predicted there is little hope for coconut palms in the lower half of the State of Florida. Mr. Sanson · questioned where the palms should be planted. He stated Delray Beach has approximately 300 Malayan coconut palms growing on City property at present. He suggested these trees be transplanted now since they are small and it could be easily accomplished. Mayor Scheifley agreed with Mr. Sanson that it should be done on City property since the City probably does not have the right to go on private property to plant these trees. He suggested that a motion be made that the City Administration be asked to underplant trees on City property to the extent that it is practical and feasible. Mr. Sanson so moved, seconded by Mr. Randolph. Mrs. Krivos asked, if trees in areas are not now affected, how it would be determined where to plant new ones. Mayor Scheifley stated he felt it should be left up to the administration and the City horticulturist. Mrl Sanson said the practice has been in o~her cities that wherever there is an existing stand of coconut palms that the new trees be planted underneath them. Upon roll call, the motion passed unanimously. 6.d. The City Manager reported the following quotations have been received to repair the seawall at the City ~docks: BIDDER BID Broward Piling, Inc. $9,900.00 Pompano Beach Ray Qualamann Marine Contractors, Inc. 12,150.00 Pompano Beach The City Manager stated it is recommended that the award be made to the low bidder, Broward Piling, Inc., in the amount of $9,900 with funds to come from the City Docks Trust Fund being set up by the. City; a loan would be made initially from the General Fund Contingency Account, said loan being repaid over a period of time as funds are accumulated from rental of dock space. Mr. Sanson asked what work would be done. The City Manager replied approximately 20 pilings in the seawall would be installed and he described the work involved. He stated it has been determined that none of this work could legally be attributed to the former lessee of the docks. The City Manager stated the rates for dockage would be discussed and set at a later date. Mr. Randolph moved that the award to repair the seawall at the City docks be made to the low bidder, Broward Piling, Inc., Pompano Beach, in the amount of $9,900 with funds to come from the City Docks Trust Fund with the transfer to be handled as stated by the City Manager, seconded by Mr. Gent, said motion passing unanimously. 7.a. 'The City Manager ~eported pursuant to discussion at workshop on December 15th, Council should give consideration at this meeting to allocating $3,000 to the Delray Beach Housing Authority in response to the Authority's request dated December 10, 1975. These funds would be used by the Authority as operating funds for the balance of the current fiscal year ending September 30 1976. The funds, if granted would --3-- 12-22-75. come from the General Fund Contingency Account. Mr. Sanson moved that Council allocate $3,000 to the Delray Beach Housing Authority for funds to operate through September 30, 1976, said funds to come from the General Fund Contingency Account, seconded by Mr. Randolph. The motion passed unanimously. 7.b. This item is a request from Florida Power and Light Company that the City abandon an easement located in the northwest quarter of Section 16-46-43, being the new Medical Complex at 74 N.E. 4th Avenue. The City Manager stated this item should be removed from the agenda, since the City Attorney has advised that it will be unnecessary for the City to grant the easement in order to permit Florida Power and Light to make their installation. 8.a. The City Manager presented Ordinance No. 54-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA~ REZONING AND PLACING THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF THE LAKE WORTH DP~INAGE DISTRICT L-32 CANAL, WEST OF CONGRESS AVENUE, EAST OF THE LAKE WORTH DRAINAGE DISTRICT E-4 CANAL, AND NORTH OF NORTHWEST 2ND STREET, IF EXTENDED WESTERLY, IN "LI LIGHT INDUSTRIAL DISTRICT" AND ~ENDING "ZONING ~J~P OF DELRAY BEACH, FLORIDA, 1972". (Copy of Ordinance No. 54-75 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. There being no objections, the Public Hearing was closed. Mr. Randolph moved for the passage of Ordinance No. 54-75 on second and final reading, seconded by Mr. Gent. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolp~ - Yes; Mr. Sanson - Yes; Mayor Scheifley - Yes. The motion passed wi~h a vote of 5 to 0. 8.b. The City Manager presented Ordinance No. 55-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTIONS 58, 59 AND 60 OF CHAPTER 25786, SPECIAL ACTS OF FLORIDA, RELATING TO THE OFFICE OF CITY ATTORNEY AND SUB- STITUTING IN THEIR PLACE THIS ORDINANCE WHICH PRO- VIDES FOR THE APPOINTMENT AND REMOVAL OF THE CITY ATTORNEY, ASSISTANT CITY ATTORNEY AND SUCH SPECIAL COUNSEL AS THE CITY COUNCIL ~.~AY DEEM NECESSARY; PROVIDING THAT THE DIRECTION OF ~HE LEGAL AFFAIRS OF THE CITY ARE TO BE THE RESPONSIBILITY OF THE CITY ATTORNEY, AND AUTHORIZING COMPENSATION OF THE CITY ATTORNEY, ASSISTANT CITY ATTORNEY AND .SPECIAL COUNSEL, IF ANY; PROVIDING AN EFFECTIVE DATE. (Copy of Ordinance No. 55-75 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. There being no objections, tD~ Public Hearing was closed. Mr. Gent moved for the passage on second and final reading of Ordinance No. 55-75, seconded by Mrs. Krivos. Mayor Scheifley asked what effect the require- ment for a two-year residency fcr the attorneys would have on the ordi- nance. The City Attorney replied that the requirement that now exists in the City Charter can be repealed pursuant to the Home Rule Powers Act which was passed in 1973. This ordinance repeals the two-year require- ment now in existence. Mr. Sanson moved that this ordinance be amended to the effect that the two-year residency requirement be retained. The motion died for lack of a second. Upon roll call, Council voted as --4-- 12-22-75. 235 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. The City Manager suggested that Council now consider the appoint- ment of Mr. Clifford Shandy to the position of Assistant City Attorney. The City Attorney recommended the Assistant City Attorney be paid $12,000 per year for 15 hours per week; anything over this time period would bear a charge of $35.00 per hour~ He also recolmmended that compensation begin December 29, 1975, since Mr. Shandy, if appointed~ would commence work at that time. Mr. Gent moved for the appointment of Mr. Clifford Shandy as Assistant City Attorney at the compensation as stated by the City Attorney, seconded by Mr. Randolph. Mr. Sanson stated he was undecided about whether or not he could agree with this appointment, not based on anything to do with Mr. Shandy who, he feels, is very qualified to serve as Assistant City Attorney. He stated he would like the minutes to re- flect that his vote in opposition to this motion is not a vote against Mr. Shandy. He continued it is more a question of the philosophy of Mr. Saberson's desire to handle the City's labor negotiations exclusively with Mr. Shandy basically doing the majority of other work facing the City Attorney's office. Mr. Sanson stated he would prefer the reverse with Mr. Saberson maintaining his present attitude toward the work load of the City Attorney's office, i.e., handling the major part of the items, and that an Assistant City Attorney be found who would deal mainly with the labor negotiations. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes; Mr. Randolph - Yes; Mr. Sanson - No; Mayor Scheifley - Yes. The motion passed with a vote of 4 to 1. 8.c. The City Manager presented Ordinance No. 56-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING ~ND PLACING LOTS 9, 18, 19, 22, 32, THE WEST 20 FEET OF LOT 33, LOTS 38, '45, 47, 68, DELRAY BEACH SHORES SUBDIVISION, AND THE SOUTH 100 FEET OF THE NORTH 1670 FEET OF THE EASTERLY 139.14 FEET OF SECTION 28, TOWNSHIP 46 SOUTH, RANGE 43 EAST, SAID PARCELS LYING WEST OF STATE ROAD NO. A-l-A, SOUTH OF LEWIS COVE, AND EAST OF THE INTRA- COASTAL WATERWAY; THE PARCELS ARE IN SECTIONS 21-46-43 AND 28-46-43; IN "R-1AA SINGLE FAMILY DWELLING DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". The City Manager read the caption of the ordinance. A sketch was shown depicting the property subject to rezoning. The Planning and Zoning Board has unanimously recommended that this rezoning be placed in effect. Mr. Sanson asked Mr. Kotulla, Planning Director, how many pieces of property east of the Intracoasta! Waterway, including this action being taken tonight, are still zoned County. Mr. Kotulla replied, assum- ing the rezoning under consideration is effected, there are five parcels in County zoning, all of which are developed property. Mayor Scheifley asked what 'the zoning was on the Glassman property. Mr. Kotulla replied the zoning is RM - County; the zoning was changed by the County from commercial to residential multiple prior to annexation by the City. Mrs. Krivos moved for the passage of Ordinance No. 56-75 on first 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. 9.a. The City Manager reported the Planning and Zoning Board at a meeting held on December 16th recommended by unanimous vote that a portion of the Delray Beach Cemetery be replatted. The subject property is in Section 28-46-43 and is located west of S.W. 8th Avenue between S.W. 7th Street, if extended westerly, and S.W. 9th Street, if extended westerly. This has also been recommended by the Parks and Recreation Department and the Engineering Department. The City Manager stated this plat is south of the plat recently approved by Council for an extension of the cemetery. In answer to Mrs. Krivos' question, the City Manager stated this site could be selected, if desired, for a mausoleum without any difficulty. Mr. Gent moved that Council approve the replat of the ceme- tery, seconded by Mr. Sanson. The motion passed unanimously. 12-22-75. 236 9.b. The City Manager repot'bed the Planning and Zoning Board at a meeting held on December !6th recommended by unanimous vote that a parcel of ]and in Section 20-46-43, at the southwest corner of SwJ.nton Avenue and S.W. 10th Street be rczoned front SC (Specialized Conm~ercial) District to R-lA (Single Family Dwelling) District. Mrs. Krivos pointed out the minutes of the Planning and Zoning Board stated this parcel was vacant on the corner of S.W. 10th Street. Mr. Kotulla stated this was a mistake in the minutes. Mr. Sanson asked if this property included any of the Altieri Landscape property. Mr. Kotulla replied it did not. Mr. Gent moved that the City Council direct the City Attorney to draw up an ordinance to rezone from SC to R-lA the following legally described property: the N 165' of the E% of Lot 13 less the W 474' and less the N 40' right-of-way and the E 15' of the W 474' of the S 85' of the N 165' of the E½ of Lot 13, and the S 44.1' of. the N½ of the NE¼ of Lot 13 less the E 293' thereof and less the W 10' right-of-way and the S ½ of the NE¼ of Lot 13 .less the W 10' right-of-wgy and less the easterly right-of-way, ~11 in Section 20-46-43, all in the NE¼ of Lot 13 of the Model Land Company Subdivision of portions of Township 46 South, Range 43 East, as recorded in Plat Book 1, page 4 of the Public Records of Palm Beach County, Florida, seconded by Mr. Sanson. Mr. Gent stated this action conforms with what the Planning and Zoning Board recommended in 1972; the City Council at that time changed it before the adoption of the Future Land Use Plan. The City Manager asked Mr. Kotulla if the addi- tional legal descriptions shown in the application are a part of this property. Mr. Kotulla replied in the affirmative. Mr. Gent amended his motion by adding the following additional legal description which is the other portion of the property being rezoned: And the W 85' of the E 293' of the S 44.1' of the N 165' of the E½ of Lot 13 in Section 20-46-43 in the NE~ of Lot 13 of Model Land Company Subdivision of portions of Town- ship 46 South, Range 43 East, as recorded in Plat Book 1, page 4 of the Public Records of Palm Beach County, Florida. Mr. Sanson accepted the amendment. Mrs. Krivos stated she did not 'understand why this zoning is to be changed. She questioned Planning and Zoning Board's decisions to arbitrarily change zoning 'on property when such change was not requested by the owners themselves. She said when this property was changed in 1972, it was brought out that Mr. Now!in had deeded to the City the N 15' of his property and that of Mr. and Mrs. Wyatt for the widening of 10th Street; this had been done many years ago. These owners desire that this property remain SC, and she pointed out it was located near a nursery. Mrs. Kri%os stated the City seems to forget too easily what citizens do to improve the City, i.e., deeding of needed property. She said she was against this rezoning before and is still against it. Mr. Gent stated he felt it was contract zoning and he felt it should be rezoned. Mr. Gent agreed it was co~nercial zoning prior to'the Land Use Plan, but it still was contract zoning due to the agreement for the right-of-way. 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 1 vote.. 9.c. The City Manager reported 'the Community Appearance Board at a meeting held on December 17th recommended by a vote of 5 to 0 with Mr. Brown abstaining that the plan for a minor modification be approved at No. 1 Harbourside Drive. He stated the only reason this plan had been sent to the Community Appearance Board was because of an elevation change; the other changes were closing in two windows and a change in a door location in the existing clubhouse. The City Manager state~ none of the changes are on the exterior; all are interior changes. Mr. Sanson moved to approve the recommendation of the Community Appearance Board concerning changes of two windows and one door location at No. 1 Harbourside, seconded by Mr. Randolph. The motion passed unanimously. 10. The following Bills for Approval were presented by the City Manager who explained 'that at the regular Council meeting of December 8, 1975, Check No. 12730CK in the amount of $7,775.50 made payable to the American Youth Football Association had been held in abeyance pending explanauion of the item to Council. He stated on December 10th he had sent a memorandum to Council with such an explanation. He suggested this check be included for payment with Bills for Approval' being considered at this meeting. The City Manager further explained that the Delray Rocks deposited their share of the cost of the trip to Gatlinburg with the City and the City placed in the Trust Fund 'the $3,000 approved by Council. --6-- 12-22-75. 237 Mr. Sanson moved that the Bills for Approval be paid including Check No. 12730CK that was shown on Bills for Approval on December 8, 1975, seconded by Mr. Gent. Mx. Sanson informed Council and the'audience that City Hall was paid a visit by Santa Claus during the past week thanking everyone for the support of the City for the Delray Rocks. Upon roll call, Council voted as follows: Mr. Gent - Yes; Mrs. Krivos - Yes, with the exception of Check No. 12934CK payable to Alley, Alley and Blue in the amount of $3~941.97. Mr. Sanson stated he had not seen this item on the list. Upon resumption of roll call, Council voted as follows: Mr. Randolph - Yes; Mr. Sanson - Yes, with the exception of Check No. 12934CK payable to Alley, Alley and Blue in the amount of $3,941.97; Mayor Scheifley - Yes. The motion passed with a 3 to 2 vote. General Fund ....... · ....... $716,888.49 Water and Sewer Fund .......... 78,952.92 Cigarette Tax Fund ........ ~ . . . 35,992.92 Utility Tax Fund ............ 2,882.08 Cemetery Perpetual Care Fund ...... 1,200.00 Beach Restoration Fund ......... 460.60 Federal Revenue Sharing Fund ....... 5,000.00 10.a. Mayor Scheifley asked Council to consider instructing the City Attorney to prepare a resolution complimenting and praising the Atlantic High School Football Team for their achievements this year. Mr. Randolph requested a similar resolution be prepared for the Delray Rocks. Mr. Gent moved for City Council to ask the City Attorney to prepare a res°lu- tion commending the Atlantic High School Football Team and a resolution commending the Delray Rocks Team, seconded by Mrs. Krivos. The motion passed unanimously. The meeting was adjourned at 8:50 P.M. ~'~' City Cler~ MAYOR -7- 12-22-75. 238A ORDINANCE NO. 54-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THAT PORTION OF THE NORTHEAST QUARTER OF SECTION 18, TOWNSHIP 46 SOUTH, RANGE 43 EAST, LYING SOUTH OF THE LAKE WORTH DRAINAGE DISTRICT L-32 CANAL, WEST OF CONGRESS AVENUE, EAST OF~THE LAKE WORTH DRAINAGE DISTRICT E-4 CANAL, AND NORTH OF NORTHWEST 2ND STREET, IF EXTENDED WESTERLY, IN "LI LIGHT INDUSTRIAL DISTRICT" AND AMENDING "ZONING MAP OF DELRAY BEACH, FLORIDA, 1972". WHEREAS, the Planning and Zoning Board has reco.mmended rezoning 'and placing land presently zoned RM-15 Multiple Family Dwelling District in "LI Light Industrial District"; and, WHEREAS, the City Administration concurs in said recommendat$on; and, WHEREAS, the City Council of the City of Delray Beach, Florida, has determined that such change should be made, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the following described property in the City of Delray Beach,~Florida, is hereby rezoned and placed in the "LI Light Industrial District" as defined by Chapter 29 of the Code of Ordinances of the City of Delray Beach, to-wit: Southerly 100' of Northerly 14'00' of NE~ lying between E-4 Canal and Westerly right-of-way line of Seaboard Coast Line Railroad less Easterly 300', and Southerly 525' of Northerly' 1300' of NE¼ lying between E-4 Canal and Congress Avenue per O.R. Book 2077, Page 1461, containing 5.19 acres, and Southerly 710' of Northerly 790' of NEt lying between E-4 Canal and Congress Avenue.as in O.R. Book 2170, Page 83, containing 4.36 acres, all in Section 18, Township 46 South, Range 43 East, Palm Beach County, Florida. This property is located south of the Lake WOrth · Drainage District L-32 Canal, west of Congress Avenue, east of the Lake Worth Drainage District E-4 Canal, and north of Northwest 2nd Street, if extended westerly. Section 2. That the Planning Director~ of said City shall, upon the effective date of this ordinance, change the Zoning Map of Delray Beach, Florida, to conform with the provisions of Section 1 hereof. PASSED AND ADOPTED in regular session on second and f~nal reading on this the 22nd day of December. , 1975. M A Y O~R-y ATTEST: - ~ City Clerk First Reading. November 24, 1975 Second Reading December 22, 1975 238B ORDINANCE NO. 55-75. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, REPEALING SECTIONS 58, 59 AND 60 OF CHAPTER 25786, SPECIAL ACTS OF FLORIDA, RELATING TO THE OFFICE OF CITY ATTORNEY AND SUB- STITUTING IN THEIR PLACE THIS ORDINANCE WHICH PRO- VIDES FOR THE APPOINTMENT AND REMOVAL OF THE CITY ATTORNEY, ASSISTANT CITY ATTORNEY AND SUCH SPECIAL COUNSEL AS THE CITY COUNCIL MAY DEEM NECESSARY; ~ PROVIDING THAT THE DIRECTION OF THE LEGAL AFFAIRS OF THE CITY ARE TO BE THE RESPONSIBILITY OF THE CITY ATTORNEY, AND AUTHORIZING COMPENSATION OF THE CITY ATTORNEY, ASSISTANT CITY ATTORNEY AND SPECIAL COUNSEL, IF ANY; PROVIDING AN EFFECTIVE DATE. WHEREAS, Pursuant to Chapter 166 of the Florida Statutes known as the "Municipal Home Rule Powers Act", municipalities were granted the authority to amend or repeal certain provisions of their Charters by ordinance, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: SECTION 1. (A). Appointment - The City Council shall appoint a City Attorney, Assistant City Attorney and, if deemed necessary, from time to time, special counsel. The City Attorney shall be the Chief Legal Officer of the City and shall be responsible to the City Council for the administration of the legal affairs of the City. The Assistant City Attorney shall be responsible for those legal matters assigned him by the City Attorney and shall report directly to the City Attorney regarding the performance of such duties. Special counsel may be under the direct supervisi6n and control of the City Attorney, as is the case with the Assistant City Attorney, or may report "to and be directly responsible to City Council, whichever the City Council shal~ determine at the time of appointment. (1) 'The City Attorney and Assistant City.Attorney shall be appointed by Council at its first meeting on Monday in April of each year by a majority vote of the City Council. Special counsel may be appointed as the need arises. (B) Removal - The City. Attorney and special counsel shall hold office at the pleasure of a majority of the City Council. The Assistant City Attorney shall be subject to removal only by the City Attorney provided, however, that the Assistant City Attorney_ will be subject to the annual appointment provision set forth in Section (A) (1) above and City Council may, in its sole discretion, decide not to reappoint an Assistant City Attorney who was previously appointed by City Council. If a vacancy Occurs in the office of the Assistant City Attorney between the annual meeting appointment dates set forth in this ordinance, the City Council shall appoint a new Assistant City. Attorney to fill the position for the remainder of that year subject to the discharge provisions set forth above. (C) Compensation - The City Council may, from time to time, fix the regular compensation of the City Attorney, and Assistant City Attorney, at a sum commensurate with the duties which may be imposed on them by the Council; provided, that all special or unusual services required of the City Attorney and Assistant City Attorney may be specially compensated~as the Council may see fit to provide. 238C SECTION 2. Duties of Legal Counsel. (A) Legal counsel, with the assistance of the City Clerk, shall prepare all ordinances, all contracts and other instruments in writing in which the municipality is concerned, or shall endorse on each approval as to form. No contract with the municipality shall be binding-upon the municipality until legal counsel for the City has endorsed his approval thereon, and this provision shall'be strictly construed by all courts of this state. (B) When required by'the Council, legal counsel for the City shall prosecute and defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party. (C) Legal counsel~ shall furnish the Council, City Manager and department heads his opinion on any question of law relating to their respective powers and duties; and he shall perform such other professional duties as may be required by ordinance, resolution, motion of the Council, or by City Charter or by Special Acts. (D) Special counsel shall perform those duties assigned them by Council. SECTION 3. This ordinance shall repeal Sections 58, 59 and 60 of Chapter 25786, Special Acts of Florida. SECTION 4. This ordinance shall become effective immediately on second and final reading. PASSED AND ADOPTED in regular session on second and final reading on this the 22nd day of December , 1975. ATTEST: / City clerk First Reading December 8, 1975 Second Reading December 22, 1975 -2- Ord. No. 55-75.