11-30-49SpMtg November 30th, 19~9.
A Special Meeting of the City Council of the City of Delr~y
Beach was held in the City iQmuager's office zt 4:30 p.m. ~ith Mayor
J.L.Saunders in the Chair~ and City Attorney Moore~ City Manager
Charles E. Black~ and the following Councilmen present: John N.Kabler~
Neil E.MacMillan~ and Ualter A. Roth~ a quorum being present.
City .~ttorney Moore explained that there was a question of
irregularity in the Primary Election held on November 22nd~ that a
law had been passed at the 19~9 session of the State Legislature
that all elections in the State of ~lorida must be conducted from
7 a.m. to 7 p.m.~ any special or regular provision of a City Charter
to the contrary notwithstanding. He stated that the Courts have held
that these laws are merely directory and not mandatory~ and any
aggrieved person would have to show that the results of the election
would have been changed by compliance with this law.
However~ with reference to the City Charter which was voted on
at a S~ecial Election held in conjunction with the Primary Election
on November 22nd~ he advised that the Proclamation of the Mayor
should have been published at least fourteen days before the election
was held~ ~ereas it was published for two consecutive weeks.
He recommended that it be taken before the Courts~ and a Declar-
atory Judgement be obtained as to the validity of the Charter voted
on at this election~ also that another Special Election be called to
be held December 30th~ within the time provided under this Charter.
If a favorable Court decision is received before the date set for
the election~ it can be called off.
City Manager Black approved of this action~ feeling that the
validity of the Charter might be contested ~.~ith reference to the
annexation of land~ or the issuance of Revenue Certificates in the
future. A Court decree would definitely establish the validity of
the Charter.
Upon motion of Councilman Kabler~ seconded by Councilman Roth~
and unanimously carried~ the Mayor and City Clerk were authorized
to call a Special Election to be held on December 30th~ 19~9~ to
vote for or against this Charter.
The meeting then adjourned.
Ruth R, ommth
City Clerk.