Res 620 RESOLUUI0i! NO. 620
A RESOLUTiOi? OF ~.i i C ~,-. ~0,~,~=~, ~. ~"~., C _~ =.~. ~ ~., FLORIDA,
B!] Ir''~ L:~o0L~.,~Dr~"" '~' by the City Co:~oil of tile City of Delray Beach,
.8'lorida, as follows:
S2~CTIOX 1. That the City Council of the City of Delray Bes~ch,
Florida, respectfully requests the Legislature of the ~tate of Florida
at its 1947 session to pass an act amending Paragraph 8 of Section 7
end ~'oectlons' '" 21, 23, 27, 36, 68, 73, 76 and 131 of Chapter 18494,
Laws of Florida 1937, a copy of ,~hich act is attached to and ~de a
part of this i{esolution.
.}~,~,. 2 That the ihe~bers of the 1947 Legislature from
Peli~ -~each County, J'lorida, are hereby requested by the City $oancil
of the City of Delray Beach, Florida, to introduce said act at the
19~7 Florida Legislature.
S-i~CTi0N' 3. That copies of this Resolution with the proposed Act
attached thereto be mailed to the Honorable John R. 8eacham, lState
~enator, and to the Honorable Russell O. Horrow and the Honorable 3.
Elliot, ~t~t~ Representatives.
PAo~o~D in Special Session on Znis the /~day of b{ay, i9e7.
President, City Council.
APPROVED:
ATTEST'
HOUSE BILL NO.
AN ACT TO AMFJ~D PARAGRAPH 8 SECTION 7 AND sEcTIONS 21,23
27,36,68,73,76 AND 131, CHAPTER 18494, LAWS OF FLORIDA
1937, THE SAME BEING AN ACT TO ABOLISH THE PRESENT MUNICIPALITY
OF THE CITY OF DELRAY BEACH IN PALM BEACH COUNTY, FLORIDA, AND
TO ESTABLISH, ORGANIZE AI~VD INCORPORATE A ~FEW MU~WiCIPALITY TO
BE KNOWN AS THE CITY OF /YELP_AY BEACH IN pAT3~ BEACH COU~.wPY,
FLORIDA, IN LIEU TtiEREOF: TO DESIGNATE TERRITORY EMBRACED
WITHIN THE CITY OF DEl_RAY BEACH HEREIN C WREATED AND TO PROVIDE
FOR ITS JURISDICTIONS, POWERS AND PRIVILEDGES.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FL0!~!DA:
SECTION 1: That Paragraph 8 o~ Section 7, Chapter 18494, Acts of 1937,
Laws of Florida, relating to the creation of the City of De]ray Beach,Palm
Beach County, Florida, be and the same is hereby amended to read as follows:
SeJction 7: Paragraph 8: To purchase, hire, construct, own, maintain,
operate or lease local public utilities, including street railways, electric
light, telephone and telegraph systems, and works for supplying the City and
its inhabitants with water, ice, gas for illuminating and heating purposes,
and electric energy for illuminating, heating or power purposes, and
(a) To acquire (either by purchase or by the exercise of the right of
eminent domain under the provision of its Charter or the General Laws of the
State) and to construct, reconstruct, improve, extend, enlarge, equip, repair,
maintain ~.~nd operate water facilities, either within or without or partly
within and partly wi thout the corporate limits of the City.
(b) To fix and collect rates, fees and charges for the services furnished
by such facilities, wholly within the corporate Limits of the City;and to fix
and collect rates, fees and charges for the services furnished by such
facilities to consumers wholly without the corporate limits of the City at
a higher rate fee and charge than those fixed for consumers wholly within the
corporate limits of the City.
(c) To make and enter into all contracts and agreements necessary or in-
cidental to the performance of its ~uties and the execution of its powers
under this Act, including agreements fo furnish and provide water facilities
to adjoining municipalities and consumers without the corporate limits of
the City.
(d) To exercise jurisdiction, control and supervision over any water
facilities owned, operated or maintained by the City and to make and enforce
such rules and regulations for the maintenance and operation of any such
facilities as may in the judgment of the Council be necessary or desirable
for the efficient operation thereof and for accomplishing the purposes of
this Act, within or without the City.
(e) To enter on any lands, water or premises located within or
without the City to make surveys or ex~ninations for the purposes of this
Ac t.
(f) To acquire, construct, locate and operate water distribution
mains, pumps, pipes, meters, valves, fire hydrants, and equipment, in, along
or under any streets, alleys, highways or other public places, or easements
within or without the City.
(g) To enter into contracts with the Government of the United States
or the State of Florida, or any agency or instrumentality of either thereof,
or with any municipality, district, private corporation, copartnership,
association or individual, providing for or relating to water facilities, or
the purchase or sale at wholesal® or at retail of water s~nd the services of
such facilities; and
(h) To receive and accept from any Federal Agency grants for or in
aid of the planning, acquisition, construction or financing of ~ny water
facilities and to receipt c~nd accept contributions from any source of
either money, property, labor or other things of value, to be held, used
and applied only for the purposes for which such grants and contributions
may be made.
(i) To fix and revise from time to time rates, fees and charges for
water and other services furnished by the water facilities of the City,
and shall charge and collect the same. Such rates, fees and charges shall
be so fixed and revised as to provide funds, with other funds available for
such purposes, sufficient at all times (1) to pay the cost of maintaining,
repairing and operating the water plant and water facilities and to provide
reserves therefor and for replacements and depreciation and necessary
extensions and enlargements; (2) To pay the principal of and io~terest on
all outstanding revenue bonds and/or certificates payable therefrom as the
same shall become due ~nd provide reserves therefor; and (3) to provide a
margin of safety for making such payments and providing such reserves.
(j) As the exercime of the powers conferred under this Section
constitute the performance of essential municipal functions, and as water
facilities furnished and constructed under the provisions of this Section
constitute public property and will be used for municipal purposes, the
City shall not be required to pay any tax or assessment upon any such
facilities or any part thereof,whether located within or ~i thout the
territorial boundaries of the City.
SECTION 2: That Section 21, Chapter 18494, Acts of 1937, Laws of
Florida, relating to the creation of the City of Delr~y Beach,Palm Beach
County, Florida, be arid 'the same is hereby amended to read as follows:
Section 21: The members of the City Council shall receive
a salary of $1.00 per year, per member, and no additional compensation shall
be paid to the member of the Council who shall serve as Mayor.
SECTION 3. That Section 23, Chapter 18494, Acts of 1937, Laws of
Florida relating to the cres. tion of the City of Delray Beaca,Pslm Beach
County, Florida, be and the same is hereby amended to read as follows:
Section 23: The Mayor or any three members of the City
Council nkay call special meetings of the City Council upon written notice
to each member served personally or left at the usual place of residence.
~t"All regular and specis~l meetings of the City Council (except when sitting
as a Board of Equalization) shall be public. Committee meetings shall not
be public, unless by a majority vote of the members of the Committee present
at such meeting, it is decided that such meeting shall be open to the
public. The City Council shall determine its own rules and order of
business and shall keep a minute book of its proceedings. The minutes of the
Council meetings shall be available for inspection by any citizen at all
reasonable times.
SECTION 4: That Section 27, Chapter 18494, Acts of 1937, Laws of
Florida, relating to the creation of the City of De!ray Beach, Palm Beach
Cot~nty, Florida, be add the same is hereby amended to read as follows:
Section 27: The City Council shall, by resolution,
fix the salaries of all officers and employees of the municipality other
than members of the City Council ~.~nd ~ayor.
SECTION 5: That Section 36, Chapter 18494, Acts of 1937, Laws of
Florida, relating to the creation of the City of Delray Beach,Palm Beach
County, Florida be and the same is hereby amended to read as follows:
Section 36: It shall be the duty of the Council each
year to agree on a budget of expenses for the ensuing year, which budget
shall show the estin~%.ted expenditures of said city for the ensuing year,
~nd the said Council shall have power to raise annually by taxes such sums
of money as shall be deemed necessary to cover the payment of the expenditures
estimated in the budget. It shall be the duty of the City Council to have
~.~n audit made of the City's financial records ~t the end of each fiscal year,
which audit shall be made by~a certified public accountant or a firm of
certified public accountants, registered in the State of Florida. An audit
nk~y be read'oftener than once a year if the City Council so desires.
SECTION 8. That Section 88, Chapter 18494, Acts of 19~?, Laws of
Florida, relating to the creation of the City of Delray Beach, Palm Beach
County, Florida, be and the same is hereby amended to read as follows:
Section 88: It shall be the duty of the Cit~ Treasurer
to receive all moneys and funds coming in or belonging to the City for taxes,
licenses, fines and from any and all sources whatever, ~nd he shall keep a
faith~l and strict account of all such moneys and funds, and shall pay same
out only upon the order of the City Council made in pursuance of law and
ordinance. It shall be the duty of the City Treasurer to keep a strict acc-
ount of each fund separate. All city funds s~hall be kept ~.~nd deposited as
shall be directed by the City Council. The City Treasurer shall prepare
all checks and vouchers to be drawn on the city depositories, and shall sign
the same and present said checks to the Nayor (or in his absence to the
Vice-~ayor) to be countersigned as provided herein or as otherwise provided
by ordinanc~ of the City Council.
SECTION ?: That Section 7~, Chapter 18494, Acts of 19~, Laws of
Florida, relating to the creation of the City of Delray Beach, Paln Beach
County, Florida, be and the s~7~e is hereby ~.~mended to read as follows:
Section ~: It shall be the duty of the Tax Assessor
between the first day of January and the first day of July of each year,
to ascertain by diligent inquiry all taxable property real and personal,
railroads, telegraph and telephone lines, within the city, ~nd the name of
the person, firm or corporation owning the same on the first day of January
of each year, and to make an assessment, at its full cash value, of all such
taxable property. The Tax Assessor shall visit and iuspect all real estate
unless personally acquainted therewith and the improvements thereon, and
shall fix the valuation of the same and shall require the owner or owners
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of personal property to i~eturn the same and fix the valuation thereof under
oath. In case the owner or owners of any personal property shall neglect
or refuse to return the same and fix the valuation thereof under oath, the
Tax Assessor shall place a value thereon to the best of his or her
knowledge, information and belief; and any person or persons failing or
refusing to make such returns under oath on or before the first day
of April iu each year, shall not be permitted afterwards to reduce the
valuation placed thereon by said Tax Assessor for the current year. The
Tax Assessor is hereby authorized and empowered to administer oaths to all
persons returning their personal property for assessment as hereby provided.
SECTION 8: That Section ?8, Chapter 18494, Acts of 19~?, Laws of
Florida relating to the creation of the City of Delray Beach,Palm Beach
County, Florida, be and the same is hereby amended to read as follows:
Section 76: The City Council, shall upon the Tuesday
after the second 5{onday in Yuly, in each year, sit as a Board of F~qual-
ization of Taxes; and due notice of said meeting shall be given by public-
atio~ for not less than two weekly issues in a newspaper oublished within
the said municipality. At such meetings the Council, sitting as a Board
of ~qu~lization, as aforesaid, sh~ll have before it the assessment rolls
to be :~-.eturned by the Assessor of Taxes and so proceed to equalize and
revise the said assessments. The Council, at such time, shall have the
right to make all inquiries necessary ~nd if advisablm, to t~ke testimony
for the purpose of determining the valuation of any property so assessed.
All persons owning property, re~.~l or personal, in the City of Delray Beach
shall have the right to file ~ complaint, in writing, under oath, as to the
assessment of their property, which written compl~.~int must be filed with
the City Clerk of the City of Delray Beach on or before the second ~ond~y in
July of each year. The Board of Equc~lization shall re:me, in in session from
day to day for as long as may be necessary to pass on such written complaints
and to equalize and revise such assessments, provided, however, that said
Board shall not be required to remain in session for longer than three
successive days. The meetings of the Board of Equalization of Taxes, shall
not be public, but representatives of the press shall not be excluded and any
taxpayer who has filed a written complaint as above set forth shall upon his
request be invited to appear before the Board o2 Equalization in person.
SECTION 9: That Section 131 of Chapter 18494, Acts of 1937, Laws of
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Florida, as amended, relating to the creation of the City of Delray ?each,
Palm Beach County, Florida, be and the same is hereby amended to read as
fo llows:
SECTION 131: All general and special elections, unless
otherwise provided in this act, shall be called by a proclamation of the
Mayor, published in a newsp~.~per published in the City of Delray Beach,
Florida, once a week for two consecutive weeks and such election may be held
upon such notice. Nominations for the office of City Councilman shall be
by a primary election to be held two weeks prior to the first Tuesday in
December of every year, or as otherwise provided in this Section. The time a
and manner of qualifying as a candidate in said primary elections shall be
regul~ted by ordinance of the City of Delray Beach,Florida. The names of
all candidates who qualify for such primary elections shall be printed upon
the primary election ballot, if such primary election is held. In the odd
numbered years, when three Councilmen are to be elected, if not more than
six candidates qua]_ify ~or the primary electS, on, then the six c~udidates
shall be declared the nominees and e~titled to have their names printed on
the general election ballot, ~.~nd no primary election shall be held. If, in
such odd numbered years, more than six candidates qualify for the primary
election, a primary election shall be held ~nd the six candidates receiving
the highest number of votes cast in said primary election shall be declared
the nominees and entitled to have their D~_es placed on the general election
ballot. In the even numbered years, when two councilmen are to be elected,
if not more th~ four candidates qualify for the primary election,then the
four candidates shall be declared the nominees c~nd entitled to have their
names printed on the general election ballot, and no primary election shall
be held. If, in said even numbered years, more than four candidates
qualify for such prim~ry election, a primary election shall be held and
the four candidates receiving the highest number of votes cast in said
primary election shall be declared the nominees and entitled to h~ve their
n~.~mes printed on the general election ballot. Any candidate who qualifies
for the primary election for Counciln~an ~.~nd has his name printed on the
primary election ballot, and is not nominated in such primary election,
shall thereupon become disqualified to be elected as a Councilman in the
next ensuing general election for Councilman.
SECTION' ~lO: All laws and parts of laws in conflict with the
provisions of this act, be and the same are hereby repealed.
SECTION ll: This Act shall become effective immediately upon its
passage and its approval by the Governor or upon its becoming a law
without the approval of the Governor.
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