Res 283'1 ( RE$0LUTI 0N "~":.~ .,:.~. :' m'~' BOOK
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BE.~CH, FLORIDA, ~'-'?~"-';~ .......~ CITY
BiLL TO ~=:}ii'D T_~::E ,~e,r:x'm" CITY ....
i~SE~;~, ~he2e ape sevePei seo~ions in Zhe
chapter which the Oo~ci! feels should 'be a~.~er~ded, and whereas,
the State LeGislature is now in session, and whePe~s an
emergency exists due to the f~ct ~hat the ~,rese,:~t session of
the Le~is!at~e will probably te~-minaze within approximately
tn. zrt,. days from this d;ate, and whereas it is xeoessaz'y for the
iimz'~ediate pzesePvation of public prooer~y or rot the d~ily
oper:z:tion of the m~icipal depazz:zez~t tha~ this resolution
into eYtect ir~_ediately.
N0~':/, ':/'~T~':~0~'~:' ::~ iT :':~' 0LVi~D By the City Com%cil
of the City of Delra}f Beach that the city :z:ttorneys are hereby
~ . . directed to prep.are and sub:~it to the Lejisl:_-ture cf the State
;: of Florida a local bill/, subject to a refererid~ vo~e, to amend
the preseh~t city charter so that the sections hereinaftere~mlemated
will read as follows, to-~,~it:
Section 12. The coverni~bod[~ of the City shall be
co~2posed of fiws .~e:~bers, elected at large, and shall be desi~i%ated
as the City Cou~cil of the City of De!ray Beach, Florida. The
term of office of said cou:~cilmen shall be 'R~o y-ears. Councilxe,a
E. C. Hal~, G. ,~. nz!~ :~.~d ~. L. L[ille~, ~ho are uov~ sesving
as cotu~cil-~en of the City of Deiray Be~ch shall hold office
ui~til their successors a~e duly elecved ~=t the ger~erai election
Zo be held :xz the riz'sZ 2uesday of Dece~:zber, 1~o~., as hereinafter
provided, and said successors shall be elected for a terra of
t.,~o years; ~hat Cou oi!:aen Prank Cze:;o and D. ~. Br::dshaw
shall hold office u~til their ,~uccessors are elected at the
general election to be held or~ the first Tuesday in Decm~tber,
1940, and 'z successors shall be elected fop a term of
· . u~el
,. two years. 'Thereafter, t each annual election the Oo~cii~:~zen
shall be elected for teL-ms of two years. The C0,mncil~aen shall
assuage office on the first ~o~day in January foilov~i~ their
election ~nd shall i :~ediately ore, anise the~selves by electing
one of their meohers as ~ayor, ~.~ho shall also be President of
the Co'cancel, ann then p_~oceed to select the folio~ing employees:
A ][u~icipal Judge
~k City ~kttorney
A Chief of Police, who shall be reco~'~e~ded and appointed
by the ~ayor and confir~ed by the City Council.
A City Clerk, Ta~ Co...iector, Tax ~ssessor and City
Treasurer, all of said offices ~ay be f~eid by the same person.
A Superintendent of Public ¥;orks and Public Utilities.
Section 1~. D~embers of the City Cou.~ci! shall be qualified
electors of this City, and shall have paid city taxes on real
es'~ate wivhin the city limits for the year preceding the year
in which the election is held. Any member of the City Cou~cil
who ce ses to posse~s'~he qualifications w~ich are herein
re~iuired, or shall be convicted of ~ felony, shall forfeit his
office, and it shall be the d~yof vhe remainin.E members of the
City Council to declare the office vacant, and proceed to fill
the vacancy as hereinafter provided in this Charter ~kct.
Section 31. A .~aajority of all the members of the City
Council shall constitute a ~!uorum, but a less ntu~ber may adjourn
from day to day and co~upel the ~t'te~dance of absent ~e~abers in
such manner and under such penalties as shall be prescribed by
ordinance. The affir~uative vote of three ~embers shall be
necessary to adopt any resolution or ordinance, ~-~d the passage
of all resolutions and ordi~ances shall be ~aken ~s "Yeas,, and
'~ays" and entered upon the ~inutes of the City Couuacil. Any
proposed ordinance or ~esolution shall be introduced in
written or printed form. i~o ordi~a~ce, except an emergency
ordinance, shall ce passed ~u_~til it shall h~ve been read at
two meetings not less than ten days apart. An emergency
ordinance may be passed upon ~eading at o~e r~_eeting to take
effect i~uedi~tely or ~t such ~ime as shall be designated in the
ordinance.
Section 3~. All ordinances p~sed by the City Council
shall become effective thirty days from the d. te thereof, ex-
cept that the City Co;macil may, by four-fifths vote of all
the ~aembers, pass e~lergency ~eas,~Lres to take effect at the
ti~le indic~ted vD~erein. ~n e~uerge~cy ~e~sure shall be defi~ed
as an ordinance pz'oviding for the i~m,lediate preservation of
public peace, property, health or safety, or for the d~ily
operation of a ~uunicipal depart~ent; in any case, the emergency
shall be set forth and defined in a preamble thereto. Ordinances
appropriating n:~ney may be passed as emergency ~eas~res, but
no measure making a grant, a renewal or extension of a
franchise or special privilege, or regulating the rate to be
charged for its services by a public utility shall ~ver be
so passed. ~Yll resolutions passed by the City Co~m-~cil shall
take effect at the ti~ue of such passage or at such 'time as
may be indicated in the resolution.
Section 56. No fine or other penalty imposed by the
Municipal Court shall be remitted except by action of the City
Council upon the reco~muendation of the ~,iunicip~l Judge; pro-
vided, however, that this sh;all not be construed as precluding
the ~iunicipal Judge from suspending sentences imposed by such
Court, if such suspension is made at the time the sentence is
imposed,
Section 93. Any person ~;~ay purchase any certificate of
land sold or certified to ~he City for taxes from the City
Clerk by paying to such Clerk the a~ount of such certificate and
interest thereon from the date of the certificate at the rate
of twelve per cent per annum fo~ the first year and eight
per cent per annum for the ti~,le after the first year, tO be
calculated by ~aonthly periods, and the fee of fifty cents for
the Clerk, or by paying to such clerk such amount ~:~s the City
Council shall have authorized the City Clerk to accept
such certificates; and the endorsement of such certi~i-.
cate by such Clerk officially, with the date and the amount
received, shall be sufficient evidence of the transfer and
assignment thereof. Any portion of land or interest ti~erein
contained in a tax certificate held by the City which can be
ascertained by legal and usual subdivision, can be redeemed or
sold by a certificate of such transfer or redemption, under the
hand and official seal of the City Clerk and a deed may issue
thereupon in c.ompliance with the terms of this Ohapter.
Endorsement of the Clerk shall be made upon the tax cer-
tificate of the portion of the certificate redeemed or sold,
giving the description of the land and the date of the transfer,
with the amount received therefor. ~hou!d it appear that the
land covered by the oldest certificate to be transferred or can-
celled has not been assessed, or is assessed to the 0ity, for any
subsequent year, the party purchasing or redeeming the oldest
certificate shall pay to the Clerk the taxes due for each of such
subsequent omitted years (and all taxes that become due the
following November), based on the last assessed valuation, with
interest thereon, at the rate of twelve per cent per annum for
the first year, and eight per cent per annum for the time after
the first year, beginning on the first day of ~-prii of the year
next after the year for which such taxes are due.
Section 107. That the City of Delray Beach, by and through
its City Clerk, shall have the right and is hereby authorized to
sell and assign any and sti outstanding delinquent tax certifi-
cates now held by said City, or v~hich said ~ity may hereafter
acquire, to any person or persons desiring to purchase and acquire
the saz~e for the full amount due ti~ereon, or at such price as
shall be authorized by the ~ity Council, a~d said person or persons
so purchasing the same shall have the rights, remedies and privi-
leges for the collection of said tax certificates as possessed,
granted to and acquired by the said City of Delray Beach, by
reason of any law. Ali sales and/or assignments of delinquent
tax certificates heretofore ~ade by the City of Delray ~each,
through its City Clerk, at such price as has heretofore been
authorized by the ~ity Council, are hereby ratified, validated
and confirmed, and the purchaser of such tax certificates shall
have the rights, remedies and privileges for the collection of
said tax certificates as possessed, granted to ~a~d acquired by
the said City of Delray Beach by reason of any law.
Section lO1. All general, special and primary elections,
unless otherwise provided in this Act, shall be called by procla-
mation of the ~,~ayor, published in a newspaper published in the
City of Delray Beach for two consecutive weeks, and such election
may be held upon such notice. Vacancies occ~rring in the office
of City Councilmen shall be arr~nged in groups, indicated by
~'C" ~'D" and "E". i~o~ination for the office of
letter "A", ~B~', ,
City Councilwoman shall be by petition signed by at least fifty
qualified voters of the City, and said petitio~ filed with the
City Clerk in not more than thirty days nor less than fifteen
days on or before the time when any general, special or primary
election is to be held. In the event there are more than two
candidates qualifying in any group, there shall be a primary
election to nominate candidates in any such group on the first
Tuesday in ~'~ovember. The first primary to be held ~u~der this
Act shall be held on the third Tuesday in i'~ovember, 1909, pro-
vided that vacancies c~used by death, resign~tion or disqualifi-
c~tion may be filed in accordance with the provisions in Section.
l0 of this Act.
Section l~&. Regul~r municipal elections shall be held
on the first Tuesday in December everyyear, beginning in 1959.
No person sh~ll be allowed to vote in any election for the pur-
pose of electing Co~ci]~en ~ho is not a qualified voter of the
City, and who has ~ot resided in the City for six months, and in
the State for twelve months i~m~ediately preceding such election and
who has not registered as a voter of said City in such ~anner and
at such time ~s may be prescribed by ordinance. The City Co~cil
shall prescribe, by ordinance, the ~ethod and ~an~er of holding
all elections in said City, and shall provide ',,~,hen and how special
elections shall be called and held, which are ~ot orovided for by
the terms of this charter, and all elections shall be conducted sub-
stantially on the p~inciple ~dopted for State elections insofar as the~
are no conflicts with the terms of this charter.
This is an emergency r~o].'.~tlm~ and shall take ~ffect
immediately upon its passage.
PASSED in special session on this t.~e ...~ day of ~y,
1939.
P/%sident~ City Council
Attest: - '
City ~lerk ' /