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Res 795-51 RESOLUTION OF TIlE CITY COUNCIL JIF Tile CITY OF DELIiAY BEACII, FLOP~IDA, 2~UTIiOEIZINfl TIIE CITY IIHAETEll TO BE A2,1ENDE~ BY TIlE 19ill FLOtlIDA LEG- ISIATU}IE TO PIi0VII)E F)rt TIlE C,'ti,?~NGES IN THE TEIHIITORIAL LII~[ITS dF TIlE CITY OF DELP, AY BEACIt, AND TO PItOVlDE FOR TIIE ESTABLISIgiENT OF TIIE I~IUNIClP^L COURT AND t).UALIFICATIONS OF MUNICIPAL JUDGE FOP~ TIlE CITY OF DEL~AY BEACIt, FLORIDA. ',;]tEREAS, the pre?ent Clmrter ~ct or the City of Del- rsy Beach ~s specified in Chapter 257S6, L~ws of Florida, Special /~cts of 1949, describes thc boundaries of ~nd the territory to be included witi~i~ s~,id municip~lity, and WtlEllF~S, the City Council hns at several of its meet- legs considered and discussed the ~dvisability of providing for changes in %he %ertl%oriel limits of %he City of Delray Beach, by nnnexagion' of contiguous llnincorporn%ed %rne%s of land wi%hie Palm Besoh County; and WHEELS, %he City Council hns deemed i% advisable for regsons of clarification %o amend Sec%ion 47 of Chap%er 2~78G, of l"lorida, Special Acts of 194~, relating %o the ~lunicipal and %he Municipal Judge, NOW, TH~0IIE, BE ITRESOLVEI) BY TIiE CITY COUNCIL OF THE CITY D~Y B~CH, F~}RIDA, ~s follows: 1. TI'mt the present Cheerier ~5c% of tile City of Del- ray Beach, In Palm Beach County, Florida, Be amended by s Special Ac% of the 1951 Florid~ Legislature, providing for changes in %he %ertl%oriel limits of the Ci%y of Delray Be~ch, Florida, forth In" A BILL T0 BE ~NTITLED:" AN ACT PR0¥IDIKG !~0R Ct55NGES IN THE T~H[ITOIILS. L LI~IITS OF THE CITY OF DELlha, Y B~CH, PAL%I B~CII COUNTY, FLOIiID~5, ]A' ANNE~tTI~.)N 0F CONTIGUOUS UNINCORP01~TED T}~%CTS 0F ~ND WITHIN PAIAI BI~Cl{ COU~TY, PROVIDING SUCH TI~CT OF I~,ND ~%Y BE AN- N~ED BV ORDINANCE IF SAID TP~SCT C~NTAINS LESS TIIAN TEN FREE!IOLD~IS, AND FIJIiTIH~I PIlOVIDING TIlE ).IETliOD AND M~NS OF OBJECTING TO ANY SUCH ANN~- ATION; ~ETIt~I PIi~}VIDING TILST IF ;[ORE TI~N T~ I¢}IE~IOI~DI);IIS 1;IIO AItE REGISTEIIED VOTEI~S IN THE COUNTY OF PAL%I B~CiI RESIDE IN SAID TINCT 0F TII~ SUCtl TINCT 0F ~ND ~L~Y ]~ ANN~') ONLY BY A ~JORITY OF VOTES AT AN ~ECTION 0F THE FREEIIOLD~S IN SUCH T~CT, AND T~IE FI{~O~IS WII0 ARE (,.UAI.IFI~ VOTEIIS IN TItE CITY 0F DELEX A copy of said bil.1, is attached hereto and mede a part hereof. 2. That Section 47 of Chapter 25786, Laws of Flor- ida, Special ~cts of 19,i9, be amended by a Special Act of the 1951 Florida Legislature, relating to liunicip¢,l Court and Nunicipal Judge for the City of belray Beach~ ~s set forth in "A BILI, T0 BE ENTITLe": AN ACT TO AM~NI) SECTION -!7 OF CIL~PT~ 25786, ~WS ~.~F FLORIDA, SPECL~L ACTS OF 1949, RE- ~TING TO THE ESTABLISILMENT, Jb~iISDICTION AND SESSIONS OF THE MUNICIPAL CO~T, AND THE OF THE MUNICIPAL J~)GE OF SUCI[ CO~T OF THE OF PAIAI BtMCI[ COUNTY, FLORIDA. A copy of said bill is attached hereto and made a part l~ereof. 3. That s certified copy of this resolution shall be mailed to the Honorable Russell ~[orrow, State Senator, the Iion- orable B. Ell!crt, and the Honorable John ~llinger, Members of the ~ouse of Representatives, with s reouest that t~ey give and lend their co-opere, tton in the introduction and passage of tt~e proposed Spec- ial Acts herein mentioned when the same are presented to them st the ]951 Florida Legislature. PASS~ AND f~DOPTED by the City Council of the City of Delrsy Beach, Florida, at a special meeting this 7th day of May, A. D. 1951. ATTEST: Bill to be ~ltitlod: AN ACT PRO¥ID~9 FO~ Ci.~.NFl~S LI~IT$ OF T[[~ CITY OF DEL[~Y B~Ci:~, PA~ B~C~ COUNt, FLOR~A~ ~ Ai~-N~TION OF CONTI~UOU~ ~INCOB~O~T~ T~CTS OF I~D '~IT~IN ~AI~ ~,CH ~CT OP lAND }~.Y BE ANN~ I~ ORDINANC~ ~ SAID T~CT ~NG T~ M~I{qD .~ND ~NS OF O~ECT~G TO ~Y SUCH ANN~- ~.}NLY BY A MAJORITY OF VOT~ AT AN ~{LEGTION OF T~ FRei* HO~{S I~ SUGii T~CT, AND THE BE IT EI/ACTt~J BY Tiii~ I~GISI~':TI~E ~P T~I~ .'IFATE ::.F FLi~BIDA: 1CTIoN 1; The City of Delray Boi~ch, i:,'lorlda, may change its $,erPitorisl ll~r~tts by the a~exatton of any ~noorpor- at~ tract of land lyl~ oonti~doas thereto and within PR~ Beach County, in the following ~mier: IF each tract, contains less than ten (10) freeholders, the Council. shall, by o~inanoe duly pass~, declare its intention to ~n~lex such tract or la~ to the City of l~elray Beach at the expiration of twenty (20) days from the final passage of said Ordiaanoe, whicli s~id ~rdt~nce s~ll therea~n be published In fall, once a ~eek ~o~~ t~o (~) consecu- tive ~eeks in some neespaper qual~ied to p~bllsh le~aI nottoes~ ' t publish~ ~ithin the Cl y off Peltry Beach~ or~ If no such p~per is pablish~ in ssid Clty~ then in some neespsper of al ci~ulation published Sn Pa~ B~oh Co~ty. ~ at any 'before the expiration off the twenty (2) days, any fifteen (15) freeholders off the City ~f Del~y Beaoh~ o~ Shy fo~ (4) or freeholders of real esthete In the ~strlot so p~poe~ to be n~ s~ll object to such annexatlon~ they m~y ~pply by petition to the Circuit Court of P~lm Beach I~unty~ settt~ forth in said petition the progos~ p~ooeedin~s of the City of Delray ~eaoh, and the .~rounds of thei~ objections thereto i vher~n the Circuit Court shall o~er notice of s~id application to be sewed ~pon the ~ayor off said City, and appoint ~ dey for the hearin~ of said appllostion; and all fuPthe~ ~otlon in the p~ses by the City of Del~y Beach s~ll thereupon be stayed until the f~th~r order of the said Court. if', upon the l~ew, rin~ of s~oh ~pp'lio~tlonp the 1~ ~all not be ~m~exed; otherwise said application s~u~ll di~i~s~ and t~e s~ld tract ~f land s~mll be a~~ t~ the City ~ Delray Beach. Such p~tition ~y hea~d and determined by Court, either in teresa-time o~" in vac~tion~ ~n,i questions of Fact ~my be dete~ned by s~leh Co~t without ~. j~wy, but each party may de, nd a jary if it so desi~.es. If ne objection is Filed ~nd notlee served as aforesaid within the said twenty-(20) the City of l~elray Beach ~ay ~rooeed by ordinance to a~ex the said t~act of land, and to r~efine the boundaries of s~id City so as to include therein the ~ld tract of land. Iff the tract land so p~o~,sed to be am~ex~ contains ten (1~) or more Fre~old- ers, the ~rdinance pro~sin$ to a~mex sai~ lands shall be submit- ted to a separate vote of the freeholders wile are registered vot- ers of the City of Oelr~y Beach~ ~nd of the fre~older~ who are registere(i voters in Pills ~acn ~ounty, of said tr~ct of land. Such election shall be cs. ll~ a~ conducted .~ the expense there- of paid by the City of Del~.ay beach; an~i the said tract of land shall not be a~mexed ~nless such ai~nex~tion is approved by a maJ-- ority of the f~eeholders actually voti~g ~t s~Aoh an elation in said District, or tract of land, a~ by a majority of the regist- ered voters, who ave ~reeholders of t~e City ef Delray Beaoh~ t~mlly voting i~t suci~ an election. Section 2:_ ~hould any word, pbs-ass, paraEraph, or part of section, sec'ti,~n or ~ections hereof be declared unconsti- tutionnl, or inoperative, or void, s~ch decision s/~ll not affect Section 3: This Act shall become effective upon its ratification by a majority vote of' the qualified electors resid- ing in the City of Delray Beach, Florida, who participate in vot- ing 'upon the euestion of the approv~'~l or disapproval of this Act~ A 1~11 to be Entitled~ FLOR~A, ~PE~I. ACTS OF 1949, RE~TIN~ TO THE ~TA~ LIS~T, J~ISDICTION AND SESSIONS ~)F THE M~NICIt'AL C~O~T, A~ TliE (~UAL~'IC~TIONS~ APPOI~T ~D COY- P~SATION '.,F THE ~IU]~ICIPAL JUD(}E OF SUC~ CO~T OF CITY OF D,J~I~kY BI~CiI~ A ~ICIPA~ COIiPOHATXON OF PA~ B~CIf COUNTY, FLO~i~A~ ~D ?t~O¥IDING A BE IT ~ACT~ BY TtiE ~ISI~.Ttl]tE ~F TIlE ~TATE OF F~O~I~: ~ectlon 1~ That Section 47 of Chapter 25786, to read as Follows: "There shall be arid there is i~ereby established in tho City of Defray Beach, a ~hu'~iotpal Court, to be known as "The ~lun- ici~l ~t.~rt of the City of i)el~y }~each, ~lortda", for the trial of offenders ng~i~st the ~unicipal ordinances. Such Coart s~ll be presid~ over by ~uuicipal Judge ~ul i~.Grintl~, ~ho ~all serve until the first ~iond~y tn January, 195~, ~t which time the m~bers of the Cl. ty Council at their ~egul~r ~eetinE on the fl,'st ~onday in Janu,~.y, 1952, and annu~ity thereafter, Will appoint a ~u~cipal Judge whose te~ of office thm'.~after shall be I'or one (1) year. $~efemenoe sl~all l~e given to an attorney duly q~alifl~ to practice law in the ~uPts of this State~ and q~lified In the opinion of the City Council for such position. Any person so pointed to the position of llunieipal Judge shall be a legal resi- dent of the City of l~elray I~each, i~l~-lda. ~pplications shall not be receiw'ed by the dlty Council for such position. In ease of t~e absence or dis~.~uati/'icatio~'l oi~ or disability ~)l' ti~e Judge, the City Council ~my de~iEnt-,te so;.~e other ~erson to act dur- ing such absence, sickness ~;' iiisquziificn%i~n. Compensation to be paid said ~iuniei~i~l amdge shall be l'ixe~ b)' ordinance o~ on Sundays and S~otion ~: S~ou!d nny word~ phrass~ para~ap~ or the re~ng p~ovl~ions of tnls Se.0t~!0~n 3!. This Act ~lall become effoetiv8 upon its ratification by a mmJority vote of the qualified electors resid- ing i~ the City oF ~elray t~eaeh, [;'lorida, who partio~pate in vot- ing upon the ~;uestlon el' the aperov~l or disapprovsl of this .~,ct, at any special, priaary, or aeneral election held not ~ter than ~ece~abex', 19~1. Section 4: ~ubjeot to the provlaiona of' the refer- end~ hereina~ve provided, ~ia Act sUll become e~feo~ive upon its approval by the Governor, or upon its becoming a law without such apparel.