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11-23-70
NOVEMBER 23, 1970. A regular meeting of the City Council of the City of Delray Beach was held in the Council Chambers at 7:00 P.M., with Mayor J. L. Saunders in the Chair, City Manager J. Eldon Mariott, City Attorney G. Robert Fellows and Council members Grace S. Martin, John L. Pitts, III, James H. Scheifley and O. F. Youngblood being Present. 1. An opening prayer was delivered by Rev. W. Arthur Spruill. 2. The Pledge of Allegiance to the Flag of the United States of America was given~ 3. The minutes of the regular meeting of November 9 and special meet- ing of November 19, 1970, were unanimously approved, on motion by Mrs. Martin and seconded by Mr. Youngblood. 5. Mrs.. Mart~n asked that a workshop meeting be scheduled to discuss the holding of workshop meetings. 5. Mr. Pitts agreed with Mrs. Martin concerning workshop meetings. Mr. Pitts announced that the Men's Republican Club is e~onsoring a Political Forum, Tuesday, November 24, 1970, at 8:00 P.M., at the Quality Court Motel, 1111 E. Atlantic Avenue, and said that all Candi- dates for office for City Council will be present and that the public is invited. Mr. Pitts said that the only control of high-rise construction is the City Council, and the public's control is through their votes. He urged the public to question the candidates for Council closely this year and every year as to their specific stands on high-rises. 5. Mr. Scheifley requested that a progress report on Ero Jacks from Caribe' Scientific, Inc. be presented at the next workshop meeting. 5. Mr. yoUngblood reported that there are street~ in the Western Sector without lights, and particularly behind his place of business, which is a v~.ry dangerous spot. He asked that lights be placed on these streets, and that if Council would like, he would go around and check all the streets in that section that need lights. 5. Mayor Saunders rep©-=ted that he had received a complaint of exces- sive speeding on N. W. 6th Street, Chevy Chase Subdivision, and asked that the Police Department patrol this area more carefully. 5. .Mayor Saunders presented the following General Election Proclama- tion dated November 23, 1970: WH]~REAS, the Charter of the City of Delray Beach, Florida, Provides for a General Election for the purpose of electing two Councilmen, and further providing for a straw vote con, cerning a non-exclusive Cable Television Franchise. WHEREAS, in pursuance of said charter provisions it is . provided that such General Election shall be held on Tues- day, December 1, 1970. NOW, THEREFORE, I, J. L. SAUNDERS, Mayor of the City of Delray Beach, Florida, do hereby call for such General Elec- tion to be held on Tuesday, December 1, 1970, between the hours of 7:00 A.M., and 7:00 P.M., the Polling Place to be located at the Community Center, 50 "N. w. 1st Avenue: in the City of Delray Beach, Florida. All qualified electors of the City of Delray Beach, Florida, shall be qualified to vote in such election. Dated at Delray Beach, Florida, on this 23rd day of Novem- ber, A.D., 1970. -1- 11-23-70 6.a. City Manager Mariott reported that in compliance with Section 12-? of the City's Code of Ordinances, Council shall canvass the re- turns of the General Election at a meeting to be held not later than three day. s after said election. Mr. SCheifley moved to schedule a special meeting for 8500 A.M., Thursday, December 3, 1.970, for canavassing the returns of the General Election. The motion was. seconded by Mr. Youngblood and unanimously carried. 6.b. Concerning appointment to the Plumbing Board to fill the vacancy created by the .resignation of Mr, Thomas M. Benton, ~he City Manager reported that at the regular meeting of November 9, Council tabled said appointmen~ for further consideration. Fir. Pitts reported that he had checked with all the plumbing con- tractors and they were unanimously in favor of the recommendation to appoint' Eugene Elliott. Mr. Pitts moved that that Mr. Eugene Elliott be appointed to fill said vacancy, the term expiring on December 31, 1970. The motion was seconded by Mrs. Martin and unanimously carried. 6.c. Concerning consideration for approval of an easement agreement with the Florida East Coast Railway Company, the City Manager report- ed that said agreement provides for w~dening the railroad crossing at N. E. 4th Street to provide a walkway for pedestrians with the work to be done by the Railway company, and the cost, estimated to be $400, to be borne by the City. He recommended that authorization ~or execution o~ this agreement be granted. Mr. Youngblood moved to grant said authorization, the motion being seconded by Mr. Pitts and unanimously carried. 7.a. The City Manager informed Council that a request has been re- ceived from Mrs. H. Ruth Pompey, on behalf of Citizens for Better America, for use of the Oommunity Center gymnasium on January 1971, between the hours of 3=00 and 5:00 P,.M., for the purpose of conducting a musical progr~n. He said that the Director of Parks and Recreation has advised that this usage does not conflict with exist- ing Center programming, and recommended that the request be granted. Mr. Scheifley moved that said request be granted, the motion being seconded by Mr. Pitts and unanimously carried. 7.b. Council unanimously acknowledged receipt of the November 11, 1970, Beautification Committee meeting minutes, on motion by Mr. Youngblood and seconded by Mr. Pitts with the f~i'fth' paragraph '.on the second page of sa~d minutes being amended ~O rea~ as follows: "After much discussion, it was moved by Mr. Aspinwall and seconded by Mr. Dunbar that this committee unanimously opposes the commercialization of Seabreeze Avenue, be- cause it would destroy the residential character of one of the most beautiful areas of the city." 7.c. City Manager Mariott informed Council that a petition has been received from Mr. William D. Adeimy for rezoning from R-iA to C-2 on the following described property= North 193.5 feet of East Half of west Half of Lot 1 lying East of Easterly right-of-way line of FEC Ry less North 25 foot right-of-way and North 193.5 feet of West Half of East Half of Lot i less East 325 feet and less North 25 foot right-.of-way Section 21-46-43. He said this request has been made to permit the continued com- mercial use .of an existing building on the property, formerly allowed as a non-conforming use, and that Council may deny said request or re- fer same to the Planning and_ Zoning Board for study and a public -2- 11-23-70 187 hearing tO be held thereon. Said petition was unanimously referred to the Planning .and Zoning Board, en motion by Mr. Scheifley and seconded by Mr. Youngblood. 8.a. City Manager Martott presented RESOLUTION NQ. 70-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE ALLEY IN BLOCK 5, RE- PLAT OF IDA LAK~ TERRACE SUBDIVISION, CITY OF DELRAY BEACH, FLORI'DA. (Copy of Resolution No. 70-70 is attached to the official copy of these m~n~tes.) See page 190-A. Resolution No. 70-70 was unanimously passed and adopted on first and final reading, on motion by Mr. Pitts and seconded by Mrs. Martin. 8,b. The City Manaqer presented RESOLUTION NO. 71-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZ- ING A CITY CONTRACT FOR THE RESURFACING WITH SLURRY SEAL OF CERTAIN STREETS AND AN ALLEY. (Copy. of. Resolution No. 71-70 i~ attached tO. the official copy 6f these minutes.). See page 199~B. Resolution No. 7 -70 was unanimousiy passed and adopted on. first and final reading, on motion by 'Mr. Youngblood a~d ..seconded by ~r. Pitts. 8.c. City Manager Mariott presented ORDINANCE NO. 38-70. AN ORDINANCE OF THE CITY COUNCIL OF ~HE CITY OF DELRAY BEACH, FLORIDA, REZONING AND PLACING THE NORTH 25 FEET OF LOT 8, ALL OF LOTS 9, 10, 11, AND THE SOUTH 10 FEET OF LOT 12, SEABREEZE PARK SUBDIVI- SION, IN "C-1 LIMITED COMMERCIAL DISTRICT", AND AMENDING "ZONING MAP OF .DELRAY BEACH, FLORIDA, 1969". (Copy of Ordinance No. 38~70. is attached to the official copy of these.minu~es.) -Petition was.~wi~thdrawn.: See page 204, Item 10~b. A Public Hearing having been Iegally advertised in ~ompliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held. Attorney John Ross Adams, representing the Delray Beach National Bank in its petition fOr?rezoning of said property, pre~en~ Mr. Jerald Dake, Planning Consultant from Jacksonville;. Mr. Jim Zook of Kimley Horn & A~sociates, Inc., of West Palm Beach, ProfeSsional Engineers; Mr. Robert Currie, a local Architect; and Mr. Lloyd Mangus of Mangus N%rsery & Landscape Company, Inc.; all of whom explained or commented' on the proposed plans'fOr improvement ~f the s~bject property if the rezon'ing is grantedl Mr. John Duane, Jr., President of the Bank and Attorney Nell MacMillan, a Direc%or of the Bank, also appeared in favor of the re- zoning of said property from R-1AA to C-i. Several people Objected to said rezoning, including Mr. Everett Palmatier, President of the Beach Property Owners' Association, rep- resenting said Association. Mr. J. Watson Dunbar, Secretary of' the Beach Property Owners' As- sociation voiced his objection to said rezoning and presented the following PETITION signed bY approximately 600 Delray BeaCh residents and merchants :~ "We, the undersigned, strongly disapprove and oppose the re-zoning from R-iAA to C-l, the North 25 feet of Lot 8, all of Lots 9, 10, 11 and 12, and the South 26.67 feet of '-3- 11-23-70 1.88 Lot 13 of Seabreeze Park Subdivision, as requested by the Delray Beach National Bank. We sign this petition in the interest of preserving the high residential character of the neighborhood; to avoid a marked devaluation of residential property; and to pre- vent further deterioration of an already congested and dangerous traffic situation. Contrary to the Bank's contention, we believe that to rezone those parcels of prime property would be to de- face and degrade one of the best and most beautiful streets in Delray Beach." Following the Public Hearing, Mr. Pitts moved that this Ordinance be referred to a~ workshop meeting for further study. The motion was seconded by Mr. Youngblood and carried unanimously. 8.d. The City Manager presented EMERGENCY ORDINANCE N©. 39-70. A/~ EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMEND- ING CHAPTER 27, SECTION 27-3. (b), CODE OF ORDINANCES OF THE CITY, PERTAINING TO WATER RATES CHARGED TO THE CONSUMERS OUTSIDE THE CORPORATE LIMITS OF THE CITY OF DELRAY BEACH, FLORIDA. (CoDy of Emergency Ordinance No. 39-70 is attached to the official copy of these minutes.) See page 190-C. Emergency Ordinance No. 39-70 was unanimously passed and adopted on this first and final reading, on .motion by Mr. Scheifley and sec- onded by Mr. Pitts. 8.e. City Manager Mar~ott presented ORDINA~NCE NO. 40-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15, SECTIONS 15-5 AND 15-6, CODE OF ORDINANCES OF THIS CITY, PROVIDING FOR PERSONNEL TO INSPECT PROPERTY?WHICH MAY BE DECLARED A NUISANCE. (Copy of Ordinance NO. 40-70 is attached to the official copy of these minutes.) See pages .190-D-E- A Public Hearing having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach was held, and, there being no obj. ection to Ordinance No. 40-70, said.Ordinance was unanimously passed and adopted on this second and final reading, on motion by Mr..Youngblood and seconded by Mr. Pitts. 8.f. The City Manager presented ORDINANCE .NO. 41-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 16, SECTIONS (32) AND (55) PER- TAINING TO LICENSE FEES FOR BANKS AND SAVINGS AND LOAN .ASSOCIATIONS. Ordinance No. 41-7© was unanimously Placed on first reading, on motion by Mr..Scheifley. and seconded by Mr. yoUngblood. 8.g. City Manager Mariott presented ORDINANCE NO. 42-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH A PORTION OF S. W. 12th STREET. 189 Ordinance No. 42-70 .was unanimously placed on first reading, on motion by Mr. Youngblood and seconded by Mr. Scheifley, 8.h. The City Manager presented. ORDINAN~E..NO.' 43-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, ANNEXING TO THE CITY OF DELRAY BEACH CERTAIN LAND LOCATED IN SECTION 20, TOWNSHIP 46 SOUTH, R~NGE 43 EAST,-WHICH.LAND IS CONTIGUOUS TO EXISTING MUNICIPAL LIMITS OF SAID CITY, AND REDEFINING THE BOUNDARIES OF SAiD CITY TO INCLUDE SAID LAND. Ordinance No. 43-70 was unanimously placed on first reading, on motion by Mr. Pitts and seconded by Mr. Youngblood. 8.i. City Manager Mariott presented ORDINANCE NO. 44-70. AN ORDINANCE .OF THE CITY COUNCIL AMENDING CHAPTER 26 OF THE CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH REGULATiNG'THE OPERA- TION AND USE OF TAXICABS FOR HIRE ON THE PUBLIC STREETS OF THE CITY OF DELRAY BEACH; PROVIDING FOR THE ISSUANCE, SUSPENSION AND REVOCATION. OF CERTIFICATES OF PUBLIC CON- VENIENCE AND NECESSITY FOR ~THE .OPERATION OF SAME; PROVIDING FOR THE ISSUANCE AND'~REVOCA- .TI.ON OF DRIVER'S PERMITS FOR THE OPERATION OF TAXICABS; REQUIRING THE COVERAGE BY- LIABILITY. INSURANCE OR THE_ POSTING OF A BOND FOR THE OPERATION OF SAME; PROVIDING FOR THE INSPECTION AND THE MAINTENANCE IN A SAFE OPERATING coNDITION OF 'TAXICABS; AND REPEALING. ALL ORDINANCES OR PARTS OF ORDI- NANCES IN CONFLICT HEREWITH. Ordinance No. 44-70 was unanimously tabled ~for a workshop meeting, on motion by Mr. Pitts and seconded 'by Mr, Scheifley. 9..a. .City Manager Mariott informed' COuncil .that an application has been received from the Boynton-Delray Seventh Day Adventist Church for permission to solicit funds door-to-door within the City during the period from.December 9 through 23, 1970, and that' following re- view of this 'application., the ~Solicitation.~' Committee ~ecommends that the request be granted. Said request for Solicitation of funds was unanimously granted, on motion by Mr..Scheifley and seconded by Mr. Pitts. 10.b. The City Manager reported that the Planning and' Zoning Board has recommended approval of the-Site Plan of approximately 74 acres of land located in Section 18, Township 46 South, Range 43 East, known as High Point, 'and that the recent request for certain changes in the Site Plan have been complied 'with. Sketches of said Site Plan were displayed and the changes in the plans were pointed out. Following general discussion., Mr. Pitts moved for approval of said Site Plan as. presente¢~., the motion being seconded by Mr. Youngblood and unanimousl~ .carrY, -5- 11-23,70 10oC. The following Bills for Approval were presented: General Fund $112,897.17 Water Revenue Fund 5,500.00 Water Operating & Maintenance Fu~d 3,429.01 Interest & Sinking Fund, Water & Sewer ReVenue BondS, Series 1957 94,761.25 Utilities Tax Certificates, Principal & IntereSt Redemption Fund 16,975.00 Utilities Tax Certificates, Principal &~Interest Redemption Fund, Utilities Tax Revenue Fund 18,980.00 The bills were unanimously approved for payment, on motion by Mr. Pitts and seconded by Mrs. Martin. The meeting adjourned at 9:25 P.M~. HALLiE ~. ~ATES City Clerk APPROV~, MAYOR -6- 11-23-70 190-A RESOLUTION NO. 70-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, VACATING AND ABANDONING THE ALLEY' IN BLOCK 5, PLAT OF IDA LAKE TERRACE SUBDIVISION, CITY OF DELRAY BEACH, FLORIDA. WHEREAS, the owners of Block 5, Re-Plat of IDA LAKE TERRACE, a Subdivision in the City of Delray Beach, Florida, according to the Plat thereof recorded in the office of the Clerk of the Circuit Court in and for Palm Beach County, Florida, in Plat Book 22, Page 39, have petitioned the City of Delray Beach for abandonment of the alley in said Block 5; and WHEREAS, said Alley has never been opened and it is deemed not needed by the City as an alley, NOW, THEREFORE, BE IT RESOLVED BY THE CITY CO%TNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: That pursuant to Section Seven (7),~ Paragraph Three (3) of the Charter for the C~ty of Delra~ .Beach, Florida, it is hereby determined to .vacate~ and abandon the following des cr ibed r ight-of-way: The North-South Sixteen (16). Foot in Block 5, Re-Plat of IDA LAKE TERRACE,. a subdivision in the City .of Delray Beach, Florida, according to ~h~ Plat thereof recorded in the Office ~ ~he ~lerk of the Circuit Court in and ~ ~alm Beach County, Florida, in Plat Book '22, Page 39. PASSED AND ADOPTED in regular" session on this .the 23rd day of November, 1970. /S/ J. L. Sa~nders MAYOR ATTEST: /S/ Hallie E. Yates City Clerk 190-B RESOLUTION NO. 71-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AUTHORIZING A CITY CONTRACT FOR THE RESURFACING ·WITH SLURRY SEAL OF CER- -TAIN STREETS 'AND AN' ALLEY. WHEREAS, it is the recommendation of the City Manager that the Council, acting by authority of provisions of Sec- tion 78 of the City's Charter, authorize the proper City officials to contract for the resurfacing with slurry seal of certain City streets and an alley at an estimated nego- tiated price of $3,470.00; and WHEREAS, such contract is ~o be for .the resurfacing with slurry seal of the North-South Alley between N. E. 7th Avenue and N. E. 8th Avenue, from N. E. 3rd Street to N. E. 5th Street; N. W. 7th Avenue, from N. W. 1st Street to N. W. 2nd Street; West Half of N. W. 10th Avenue, from N. W. 2nd Street t(wN~ W. 3rd Street; N. W. llth Avenue, from West Atlantic Avenue to N, W.'~. 1st Street; N. W. 13th Avenue, from West Atlantic Avenue to N. W. 1st Street: Roosevelt Avenue, (Jefferson Manor), from N. W, 3rd Street to Prospect Street; S. W. 1st Street, from S. W.~4th Ave- nue to S. W. 9th Avenue; Intersections on S. W. 1st Street, between S. W. 9th Avenue and S. W. 15th Avenue; S. W. 4th Street, from S. W. 8th Avenue to S." W. 10·th Avenue; and S. W. 4th Avenue, from S. W. 7th Street to S. W. 9th Street~ and WHEREAS, payment f~r such contract is to be made from a ' p vzng funds provided in the current Budget; and WHER~S., it is 'the Council's opinion that such action would be in the best·interest of the City, NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH,. FLORIDA, AS FOLLOWS: That authorization is hereby granted for the contract- ing for the resurfacing with slurry seal of the aforesaid streets and alley by Oneman Engineering Company for the approximate sum of' $3,470.00.' PASSED AND ADOPTED in regular session' on this. the 23rd day of November, 1970. ../S/. J,.. L .... Saunders MAYOR ATTEST /S./ Hall~ie E. Yates City Clerk 190-C ORDINANCE NO. 39-70. AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMEND- ING CHAPTER 27, SECTION 27-3 (b), CODE OF ORDINANCES OF THIS CITY, PERTAINING. TO WATER RATES CHARGED TO THE CONSUMERS OUTSIDE THE CORPORATE LIMITS' OF THE: CITY OF DELR~Y BHACH, FLORIDA. WHEREAS, the Legislature of the State of Florida on October 9, 1970, passed Senate Bill 281 over the Governor!s veto, and WHEREAS, Senate Bill 281 provides penalties against the City for not reducing water, rates to consumers out- side the City Limits, and WHEREAS, time is of the essence to avoid liability to the City, and WHEREAS, the CiTM in adopting this Emergency Ordi- nance is ~not waiving .any of its rights to at~ack the legality of Senate Bill. 281 or take such other action, as ' itdeems appropriate against the users of City water out- side the City Limits; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE. CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Subsection (b) of Section 27-'3, Cha~- ter 27 of the Code of Ordinances of the City be amended to read as' follows: "(b) · The rates for water furnishea by the water facilities, or plant of the City of Delray Beach, Florida, to consumers wholly, outside the corpo- rate limits of said city be, and the same are hereby fixed at sums equal to. the rates shown in the schedule set forth in sub-paragraph (a) here- inabove plus .twenty-five .per cent (25%) of each respective classification." Section 2. This ordinance shall become effective with the billings to water consumers outside the City Limits on and after December 8, 197.0. PASSED AND ADOPTED in regular session on this first and final reading, on this 23rdday of November, 1970. /~S/ J. L. ~Saunders MAYOR ATTEST .' City Clerk 198'D ORDINANCE NO. 40-70. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 15, SECTIONS 15-5 AND 15-6, CODE OF ORDINANCES OF THIS CITY, PROVIDING FOR PERSONNEL TO INSPECT PROPERTY WHICH MAY BE DECLARED A NUISANCE. WHEREAS, the City Council of the City of Delray Beach, Florida, deems it to be in the best 'interest of the operation of the City to have the City Manager designate responsible personnel of the City to inspect property which may be declared a nuisance under Sections 15-3 and 15-4, Code of Ordinances of this City. NOW, THEREFORE, BE IT ORDAINED BY Tt{E CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Section 15-5, Chapter 15 of the Code of Ordi- nances of the City be amended to read as follows; "Section 15-5. Report of Violations. Periodically, the city manager shall designate city personnel to make a survey report in writing to the city manager d~scribing any lots or parcels of land in the city wherein conditions such as specified in sections 15-3 a~d 15-4 of this chapter shall exist. Such report shall be delivered to the c~ty clerk, who, shall, after research of the citY's records, indicate after each parcel, the name of the owner of record. Thereupon, the city manager shall submit such survey report to the city council." Section 2. That Section 15-6, Chapter 15 of the Code of Ordi- nances of the City be amended to 'read as follows:. "Section 15-6. Notice of violation directed to owner of premises; form. The city council shall consider each survey report at a regular or special meeting and shall hear such support- ing data as it may require of the city manager or his designated personnel in order to decide if a nuisance exists; and, if the city council decides that a prima facie case showing the existence of a nuisance is estab- lished the city council shall then direct the city clerk to send a written notice within five days thereafter to the last record owner of each of such parcels of land declared to be a nuisance at the last.available address for such owner, such notice to be in substantially the following form: NOTICE Date TO= ADDRESS: PROPERTY: You, as the owner of record o~ the property above de- scribed, 'are hereby notified that the city council of the city of Delray Beach, Florida, on the day of , 19__, determined that a nuisance exists upon such .property caused by (list briefly the details). 190-E Page 2. Ordinance Ng. 40-70. You are hereby notified that you must abate this nuisance within thirty (30) days, failing in which the city council will have it done, and the cost thereof will be levied as an assessment against such property. BY ORDER OF THE CITY COUNCIL. - - 'City ~lerk" ..... PASSED AND ADOPTED in regular session on this second and final reading on this 23rd day of November , 1970. /S/ J. L. Saunders MAYOR ATTEST .. /S/ Hallie..E. Yates City Clerk First Reading ,November 9, 1970 Second Reading November ....23, 1970,.