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09-06-55SpMtg 393 Septe~be~ 6th, 1955, A Special Heeting of the City Comission of the City of Delray Beach, Florida, was held in the Comission Chambers at 2r30 P. H., with Hayor Wo J. Snow in the Chair, City Har~ger W. E. Lawson Jr., City Attorney Neil HacH~llan, and the following Cosnatssion Hembers present~ Catherine E. Strong, Glenn B. Sundy and Wo Cott~n~ha~Allen. This meeting was scheduled for a public hearing on the proposed Budget for the Fiscal Year 1955-1956, as presented to the Co.mission by the City Hanager at the regular meeting held in the Cow~4ssion Chambers on August 9th, 1955. No coment, requests or reco~endations from the floor resulted from the solicitation of Hayor'$now, relative to the hearing being held on the proposed Budget. Recomendations by the City Comission of items and a~ounts to be removed from the 1955-56 proposed budget and other desired chan~es to be made therein, were contained in a report of same, which had only been submitted to the City Hanager just prior to this meeting. In order to allow the City Hanager time to consider and interpret the possible effect of said recomendations it was agreed, in the best interests of all concerned, to withold further action on the proposed budget until 7:30 P. H., Friday, September 9th, 1955, when a Special Heeting will be held for further consideration thereof, and any other business which ~ay eo~e before the Co~misSion. City Hanager Lawson read Resolution No. 985 prepared by the City ~ttorney, at the request of the Comsission, relative to securing, from the Attorney General of the State of Florida, the deter~4nation of certain legal questions and interpretation of Section 839.09 of the Florida Statutes. RESOLUTION NO 985, RESOLUTION OF THE CITY C0~qISSION OF THE CITY OF DELRAY BEACH, FLORIDA. BE IT RESOLVED by the City Co~nission of the City of Delray Beach, Florida,' that the City ~ttorney secure from the Attorney 6eneral of the State of Florida the determinat- ion of the following legal questions interpreting Section 839.09 of the Florida statutes. 1. Hay a City Councilman of the city participating in the a~arding of a general contract, be a subcontractor of the general contractor? 2. Hay a City Councilman, after the awarding o£ a general contract by the City, sell material and/or services to the general contractor in the ordinary course of business? 3. Would the Fact that the Councilman did not vote on the general contract in question have any effect on his status in either off the above propositions? This resolution adopted this 6th day of September, 1955. (Signed) W.J. Snow Hayor (S L) AT'rEs T: (Signed) R.D. Worthingo City Clerk 394 I~ep~hmber 6th, 1955. Commissioner Strong moved that Resolution No. 985 be adopted on first and final reading. Hotion vas seconded by : Commissioner ~undy and unanimously carried. , Heeting adjourned. . .(.Si~Ft.ed) R....D, ~orthin~, . - City Clerk ,