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05-23-56SpMtg $5 ~b{Y 23~D, 1986 A Special ~leeting of the City Commission was held in the Co~nission Chambers at 11:30 A. M., with Mayor Mike Yargates in the Chair, City Manager W. E. Lawson, Jr., City Attorney John H. Adams and the following Con~ission Members being present; ~. J. Snow, Emery J. Barrow and tloward Lee Cromer, a quorum being present. City Manager W. ~. Lawson, Jr., read Emergency Ordinance No. G-236 - ~G~NCY 0~DIN~CE G-236 AN ~I~GENC~ O~INANCE OF TIl~ CITY 0F t)EL~AY POW~il TO P~V~NT INT~I-~CI~ HIOTS WITHIN SAID CITY; DEFINING THE T~tiMS AS USED tlEi~IN; FON- BIDDING 'rB~ US~ OF THE ~NICIP~ BEACH ~D ~UNICIP~ POOL TO THE NEGRO }~CE; PttESCIilBING P~N~I,TIES FOa ANY VIOLATION AND SPECIFYING I)U~iATION OF I~HE ~ME,iG~NCY. ~}i~AS, a great deal of unfavorable publicity has resulted to tlc City of Delray Beach~ Florida~ because said City has no ordinance or regulation preventing the intermingling of the negro and white races within this eomnunity~ and, ~H~AS~ as a result of such adverse publicity, large numbem of negros from other eo~.unities have come upon the Hunieipal Beaeh~ an~ ~IEaEAS, as a result o~ this invasion of the Municipal Beach by these non-resident negroes, near riots have occurred between members of the negro race and members of the white race, and~ ~H~ttE~S, racial tension has increased in this co~unity to the point that the life of one eo~issioner of the City of Delray Beach has been threatened, and, ~I~t{~AS, ~e Municipal Beach and the ~unieipal Pool is located adjacent to the white residential area and removed ~rom the negro residential area, anO~ ~HEdEAS, an emergency exists in the City of Delray Beach, Florida~ due to the fact that no ordinance exists prohibiting the mingling of the negro and white races on the ~unieipal Beach and in the Municipal Pool, and the Council of said City deems it necessary for the imediate preservation for public peace, proper- ty~ health~ morals and safety, that this ordinance be passed as an emergency ordinanee~ and, ~h~EAS~ the State of Florida has heretoI'ore granted unto the City of Delray Beach, l~lorida~ police powers, which Erant appears in the ~unieipal Vharter at Section 7 (15), and I{}tEilEAS, said State of Florida has the power and authority to delegate such polie~ powers to its municipalities by reason of the Constitution of the State of Florida and the Constitution of the United States of ~eriea~ and in order to prevent strife and inter- racial riots and to promote and preserve the health~ safety and general welfare of all the citizens of Delray Beaeh~ k'lorida Nt)~ THEii~F0~ by virtue o~ the police powers granted to said City as aforesaid, be it and it is ordained by the City Co~ission of the City of Oelray Beach, Florida, as follows: Section 1. Definitions. For the purpose of this ordinance: (a) "Negro" i~ defined to be any person of the negro race MAY 23RD· 1956 as defined by the Florida Statutes· 1941· in Section 1.01. (b) "Municipal Beach" is defined to be that parcel of land located in Palm Beach County, Flori(ia· more particularly described as follows, to-wit: That parcel of land in Section 16, Township 46 South, i~ange 43 East, lying between the sidewalk as n,,w laid out and in use· which sidewalk lies along the East side of Ocean Boulevard and the high water mark of' the Atlantic Ocean. (c) "Municipal Pool" define(! is that certain sw~nming pool located upon the following described property, as well as all improvements located thereon, said property being described as follows· to-wit: Commencing at the Northeast corner of Lot 17 of the subdivision of the East half (~½) of Section 16, Township 46 South, ~ange 43 East in Palm Beach County· Florida· said subdivision plat being made by Geo. ~. Potter and executed by Sarah G. ~leason and ~. H. Gleason and others and duly recorded in the records of the Clerk of the Circuit Court of Palm Beach County, Florida. From said point o£ beginning go west on the South boundary line of Atlantic ~venue· 150 feet; thence go South 50 feet; thence go East to the East boundary line of said Lot 17· from thence go northerly along the East boundary line o£ Lot 17 to the point of commencing· and Lot 17 and the East One ~al£ (E-~) of Lot 18 in Block 1 in Ocean Park, according to a plat of Ocean Park now on file in ~he office of the Clerk of the Ci~c~it Court in and for Palm Beach County· ~lorida. Section 2. No member of the negro race shall go upon the ~elray ~each Municipal tSeach or the Delray Beach Municipal Pool as said terms are defined and described herein· during the interim of thes emergency unless said person is an employee of the City of Delray Beach· Florida· and is directed by proper authority to go upon said beach or said pool in pursuit of their employment. Section 3. The emergency as herein defined shall be deemed to exist until this ordinance is repealed by the City Commission of the City of Delray Beach, Florida. Section 4. ~n~orcement. (a) It shall be unlawful for any person to fail or refuse tocomply with and abide by any of the provisions of this ordinance. (b) Any person who shall violate this ordinance, upon conviction thereo£· shall be Fined not more than Five Hundred and 00/100 (~500.00) dollars or imprisoned on the City jail or at hard labor upon the streets or other public works of the City, not exceeding ninety (90) days, or by both such fine and imprisonment. Section 5. ~:ffectlve Date. This is an emergency ordinance and shall become effective immediately upon its passage. PASSED AND ADOPTED in Special Session this the 23rd day o~ 87 MAY 23RD, 1956 May, A. D., 1956. /S~ Mike y, argates MAYOR ATTEST: ES/ H. 1). Worthing Ci'('y Clerk Commissioner W. J. Snow moved for adoption of Emergency Ordinance G-236 on first and final reading. Motion was second- ed by Commissioner ~mory J. Barrow~ Unqnimously carried. The City Manager then informed the Commission of having received for consideration, a revised sketch~ from Mr. Deutchman, consultant and designing engineer, of the proposed "Grade Beam" installation For the Sea Ray~ Inc.~ Cabana Club. Commissioner Barrow moved that ~his request and revised sketch be referred to the Planning/Zoning Board for study and recommendation. Motion was seconded by Commissioner W. J. Snow. Unanimously carried. Meeting adjourned. ~S/ t(. D. Worthing City Clerk APPROVED: M'AY o ti