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05-01-47SpMtg MAY !st, Upon call of the Yayor, a Special ~t~ng of the C_!t¥ Co'me_~] of the C~ty of Da]ray Beach was he!~ in t~e Cit~ ~anager's Office at ~:15 with Mayor ~,~'~. !~. De~itt in the Chair, and the Cit~ ~[anag~r H. P. Edmond, City Attorney J. ~. Now!in, ~nd the. follo~a~ng Councilmen p~,sent: F. B. ~!~cNeece, J. B. om~h and C. J. ~ite, a ~uorum bein~ ~rosent. The fo]~ow~_%Z Resolution was ~ntroduaed by the City Attorney, which was rea~ in full: "RESOLUTION NO. 620 A RESOLUTION OF THE CITY COU~CIL OF CITY OF DELRAY BEACH, FLORIDA, REg~.~TINC THE LEGISI~TU~E CF THE. ST~TE OF FLORIDA TO PASS AN ACT J3~2DINC CERT.~IN SECTIO~ O? T~ CITY C~{ARTE~CI OF DEIRAY BEACH, FIDRID~. BE IT IF£OL%~D by the City Council of the City of De].ray Florida, as follows: SECTION 1. That the City Council of the Cit? of De!ray Beach, Florida, respectfully requests the T~gislature of the State of Florida at its 19~7 session to pass an act amending Paragraph 8 of Section ? and Sections 2]., 23, 27, 36, 6~, 73, 76 ~n¢l 1~1 of Chapter ].849~, I~.ws of Florida 1937, a copy of which act is attached to and made a part of t, his Re s o!ution. SECTION 2. That the members of th~ ].9~7 Legislature from Palm Beach County, Florida, are., hereby reeuested by the City Council of the City of Delray Beach, Florida, to introduce said act at the !9~;7 Florida Legislature. SECTIOI' 3. That copies of this Resolution with the proposed Act attached thereto be mailed to the Honorable John R. Beacham., State Senator, and to the Honorable Russell O. ~orrow and the Honorable B. El!ictt, State Repre santa ti-~e s. FASSED in Special Session on this the 1st day of ~f~y, 194~. (Signed) M. ~{. DeWitt Fresident~ ~ Qity Council APPROVED: (Signed) M. k'. De?~itt ATTEST: (Signe.d) Ruth R. Smith City Clerk !947 "HO~E BILL NO. AN ACT TO ;J.~D PARAGR~PU 8 SECTION 7 A~D SECTIO~ 2!, 23, 27, 36, 68,73, 76 and 131, CHA3TER 18&9;~, L~'~ CF FLORIDA 19.3~, T~ SA~ BEING AN ACTO TO ABOLISH T~ ?RFSE~T '~'~IC_?~LITY CF ~ CITY OF DELR~Y BEACK 1~ PALl[ BEACH COU?[TY, FLORIDA, A~D ~D ESTABLISH, ORGANIZE AND INCORPORATE. ^ h~7;[ tKPJICIPALITY TO BE KNO~?N ~S THE CITY OF DELRAY BEACH IN PAIRf BEACH CO~TY, FLORIDA, IN LIEU T~qEOF: TO DISIG~ATE TEP~ITORY ~RACED '~ITH~ ~ CITY_ OF DELR.~Y qEACI{ HJ~RSI~ CREATED A~ TO PROVIDE FOR ITS JURISDICATIO?S, PRIVILEDG~. BE IT ENACTED BY T~ LEGISLATURE OF TH~ ST~.TE OF FLORIDA: SECTION 1: That Paragraph 8 of Section ?, Chapter !8L94, Acts of !937, La~'~s of Florida, relating to the creation of the City of _ne!ray Beach, Palm Beach County, Florida, be and the same is hereby amended to read as follows: Section 7: Paragraph 8: To purchase, hire, construct, own.., maintain, operate or lease local public utilities, ipcludin~ stab. et railways, electric light, teleohone and telegraph systems, and works for supplying th~ CitY' and its inhabitants with ~mter, ice, gas for illuminating and heating purposes, and electric engery for illuminating, heating or power purposes, and (a) To acsuire (either by purchase or by the exercise of the right of eminent domain under the provision of its Charter or the G~neral Laws of the State: and to construct, reconstm~ct, imorove~ extend, enlarge, e~uip, repair, maintain and operate w~ter facilities, ~.ither within or without or oartly within and oartly without the coroorate limits of the City. (b) To fix and collect rates, fe~s and charges for the services furnished by such faci.!_~.ties, wholly within the corporate limits of the City; and to fix add collect rates, fees and char~es for the services furnished by such facilities to consumers wholly without the corporate limits of the Git,~ at a higher rate fee and charge than those fixed for consumers wholly yd..thin the corporate limits of the City. (c) To make and eater iual all coutracts sad agreements necessary or in- c__denta~ to the performance of its duties and the execution of its powers m~der this Act, including agreements to furnish a~d orovide water facilities to ad jo!nih? municioalities and consumers without the coroorate lim~.ts of the City. (d) ,To exercise jurisdiction, control and supervision over any water facilities owned, operated or maiutaiuad by the Git? and to make and enforce such rules and re. gulations for the ma~nt~.nance 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 accom?lishing tho. ourooses this Art, within or without the City. (e) To enter on any lands, water or premises located within or without to (f) TO ac~uire~ const_~lct, locate and operate water distribution mains, pumas, pipes, meters, valves, fire hydrants, and eGuipment, in, along or under any stre. ebs, al].eys, highways or other public places, or easements within or without the City. (g) To enter ~nto contracts with the Government of the United Stat~s or the State of Florida, or any agency or instrumentality of either thereof, or with'any municipality, district, private coporation, copartnershdp, associatinn 14t; or individual, providing for or relating to water facilities, or the purchase or sale at wholesale or at retail of water and the services of such facilities; and (h) To receive and acce~t from any Federal Agenc? grants for or in aid of the p].anning, acquisition, construction or financing of any ,rater facilities and to receipt and accept contributions from any ~:ource of either money, property, labor or other things of value, to be he]d, used and applied on]~y for the purposes for which :such grants and contributions may be made. (i) To fix and revise from time to time raters, fees and charg~ for ~ater and other services furnished by the water facilities of the City, and shall charge and collect the same. Such rates, fees and charges ~ so fixed and revised as to provide funds, with other funds available for such p~rposes, sufficient at all times (1) to ~? the cost of maintaining, repairing and operating the water plant, and vmter facilities and to provide reserves thereDor and for replacements ~nd depreciation and necessary extensions and enlargements; (2) To Day ~.~he principal of and interest on ali. outstanding revenue bonds and/or certificates payable therefrom as the same shail become due a~d ,rovide reserves therefor; and (.3) to provide a margin ~f safety for ranking such ~ayments and providing such reserves. (j) As the exercise of the p~ers conferred under this Section constitute the performance of essential mo_nicipal functions, and as ~ater · facilities furnished and constructed ~mder the provisions of this Section constitute public property and wil~. b~ used for mumicipal purposes, the City sha].l not be required to pay any tax or assessment upon any such faci].ities or a~-~y part thereof, whether located within or without the territorial boundaries of the City. SECTION 2. That Section 21, Chapter 1849/~, Acts of 1937, Laws of Florida, relating to the creation of the City of Delray Beach, Pa]_m Beach County, Florida, be and the same is hereby amended to read as follows: Section 21: The members of the City Cotmcil shall r~c~.ive a salary of ~!.OO per vear~ Der member, and no additional comnnnsation shall be paid to the member of the Council who shall serve as SECTIO-~ 3. '~Wnat SectSon 2], Chapter ]-8A9/[, Acts of 1937, Laws of Florida relating to the creation of the City of De/may Beach, P~?.m Beach County, Florida, be and the same. is hereby amended to read as follow, s: Section 23: The Mayor or any three m~.mbers of the City Council may call special meetings of the City Council upon written notice to each member ser-~edPersonally or left at the ['~sual place of residence. %11 regular and soecial meetings of the City Council (except when sitting as a Board of Equalization) shall be public. Cor_~nittee meetings shall not be public, unless by a majority vote of the members of the Committee pre~ent at such meetir~, it is decided that such meetin~ shall be open to the public. The City Council. shall de. termine its own r~.es and order of br~siness and shall keep a minute book of its proceeding~s. The minutes of the Council meetings shall be available for inspection by any citizen at a]2l reasonable times. SECTION 4. That Section 27, Cha~ter 12/49[~, Acts of lO37, Laws of Florida, relating to the creation of the City of Delray Beach.~ Pa]~ Count?, Florida, be and the same is hereby amended to read as follows: Section 27: The City Co~.cil shall, by resolution, fix the salaries of all officers and employes of the mun~cJ.oslity other than me,ers of the City Co~ei! and ~'ayor. SECTION 5. ~at Section 36, Chapter lg~+Sg, .~cts of 1937, Laws of Florida, relating to the Creation of the C~.t~ of ~elrs[-Beach, Pa~ Beach County, Florida be and the sane is b. ereby amended tn read as follows: S~ct~.on '~6: It shall be the duty- of th,~ Co~m~i! each year to s~ree~, on s bud~et~_ of e~oensas for the enm~ing_ year, which b~dget.~, shalT. s~ow the estimated expenditures of said City for th~ ensuing year, and the said Council shall ha~ power to ?~J.~? ~au~!l~, by taxes such s~s of ~uoney as :~hal]_ be deemed ~cessary to cover the oayment of the ~xpend- it~_ms ~stimat.~d in the budget. It sha~ be the duty of the City Council to ha~ an audf. t ~de of t~e Cit~f's financial recerds at the end of each fiscal yesr~ which audit shall be made by s certif]~ed public accountant or a firm of certJ, fied oublic accmantants~ registe~d ~n th~ State cf FloOds. In addit ~y be made oftener than once a ~ar if the City Co~ci! so desires. SECTION 6. ~at Section 68~ Chaoter 12~+9~, Acts of 197~ laws of Florida, relating to the creation of the City of Detrgy Beach, Palm Beach County~ Florida., be end the same is hereby amended to read as fo~ows: Section 68: It sha!l be the duty of the ~itv ~essurer to re- ceive all moneys and f~ds c~ng in or belo~ing to the City for ta~s, l].censes~ fines and ~om any and all so,n'ees whatev~r~ and h~ she!] keep a fa~.thful and strict account of al! such moneys and f'~ds, and shall pay same out only upon the order of the Cit? Council ~de ~ pursuanoe of sad o~dinance. It shall be the duty of the City ~asurer to keep a strict account of each f~d separate. All city funds sha].! b~ ~<eot and depos].ted as shall be directed by the City Cou~e~.!. ~e CJ. ty ~easurer sba!l p~pare all checks and vouchers to be drawn on the city depositories, and shall the same and present said checks to the l~a~or (or in his absence to the Vice- Mayor) to be countersigned as provided herein or as othe~se orovided bTz ordinance of the City Courcil. SECTION 7. That Section 73~ Chapter 1F~>O4~ Acts of 1997, ~ws of Florida~ relating to the c~ation of the Citlz of Delray Beach, Palm Beach CouotT-, Fl~rida~ be and the same Js hereby a~e~ded to read as follows: Section 79: !t shall be the duty of the ~x Assessor ~twe~n the first day of January and the fJ. rst day of July of each year~ to ascertain by diligent ~uiry all ~xab]e prope~%y real and n~rsonal~ ra]_!roads, tele- graph smd teleobone lines~ ~thin tho city, and the name of the Oarson, firm or corporation ownf_~ the same on the first day of January of each ~sr~ and to ~ke an assessment, at its f~l cash value, of all such taxable pro~rty. ~e Tax Assessor shall ~_sit and inspect a~ real estate ~ess personally acquainted there..th and the i.%orovement~; tbe~on~ and shall fix the ~!uation of the sa~ and sha~ ~uire the owner or owners of ~rson si. oropert~ to return the same and fix the valuation thereof under oath. In case tbe ow,er 145 Nay !st, 1947 or owners of any personal Oroperty shall neglect or refuse to return the sa~e and fix the val~mtion thereof under oath, tb~ Tax Assessor shall olace a value thereon to the best of his or hat knowledge, information 8nd belief; and any person or persons failLqg or refusing to mak~ such ret~mns under oath on or before the first day of Aoril in each year, shall not be Dermit+~d afterwards to reduce the valuation ~!aced thereon by said Tax Assessor for the currant 2mar. The Tax Assess6r is hare. by authorized and empowered to administer oaths to call oersons r~turning their p~rso~al property for assessment as hereby? provfdad. SECTION 8. That Section 76, Chapter 18f~94, Acts of !937, laws of Florida relating to the creation of the City of Delray Beach, Palm Beach County, Florida, be and the s~me is he~by amemdedto read ss follows: Section 76: The City Co~ncil, sha2~ upon the Tuesday after the second Nonday in July, in each year, sit as a Board of Eoual~.zation of Taxes; and due notice of said meeting shall be given b7 publication for not less than two wee!dy issues in a newspaper published ~ithin the said munici- pality. At such meetings the Co~ncil, sitting as a Board of Eoualization, as aforesaid, shall have before it the assessment rolls to be returned by the Assessor of Taxes and so proceed to eoualize and revise the s~id assessments. The Council, at such time~ shall bare the right to make all in~uiries nmcessarv and Jf advisable, to take testimony for t~e parpose of determining the valuation of any property so assessed. All persons owni~ property, real or ~arsonal, in the City of Delray Beach shall have the right to file a complaint, in writing, under oath, as to the assessment of their property, which written complaint must be filed with the City Clerk of the Cit~' of Delra? ~each on or bafore the' second Monday in July of ~ch year. The Board of Eoua!ization shall remain in session from day to day as long as may be necessary to pass oa such written complaints and to equalize and revise such assessments, provided, however, that said Board shall not be resulted to remain Zn session for longer t~an three successive, days. The meetings of the Board of Eoua!ization of Taxies, shall not. be public, but representatives of the press shall not be excluded and any tax-  ayer who has filed a written complaint as above set forth shall upon bis eouest be invited to aopear b~fore the Board of E,,ualization ~.n person. SECTIOM 9: .That Section 131 of Chapter 18LO&, Acts of 1037, Laws of Florida, as amended, re]atinq to the crestS, on of the git? of Delray Beach, Pa]~ .~Oe. ach Cot~ty, Florida, be and th~ same is hereby amended to read as follows: Sectioa 131: Ail general and special elections, unless otherwise provided in this act, shall be called by a proclamation of the}~ayor, published in a newspaper published in the City of De!ray Death, Florida, once a week for two consecutive w~.eks and such election may be held upon such aotice. ~Iominations for the office of City Co~qciDnan shall be by a primary election to be held two weeks prio~ to the first Tuesday in December of every year, or as otherwise provided in this Section. The time and manner of qualifying as a ca~!date in said primary elections shall b~ regulated by ordinance of the City of Delta? Beach, Florida. The names of a!l candidates who qualify for such primary elections sha!l be printed upon the primary election ballot, if such primary election is held. In the odd numbered years, when t~ree Councilman are to be e]~cted, if not mo~ than ~AY 1st, six candidates cualify for the primary election, then the six candidates shall be declared the nom.~_nees and entitled to h~ve their names printed on the genera], election ballot: and no primary election shall be held. If, in such odd numbered years, more than six candidates ~ua.lify for the orimar? election, a primary election shall be held and the six candidates ~..ceiving the highest number of votes cast in said primary election shall be dec!are, d the nominees and entitled to have their names p!~ced on the general election b31!ot. In the even numbered years, when two councilmen are to be elected, if not more. than four candidates oualif:r for the primary elnctio% then the fo:ir candidates shall be declared the nominees and entitled to have their names Frinted on the general election ballot, and no prim~.-y election shall be held. If, in said even numbe, red years, more than four candidates for such primary election, a primary e!ectio9 sbal! be held and the four candidates receiving t.he highest ~u~ber of votes cast f~ sai~ ~leetiou shall be decls~d the nominees and entitled to have their names printed on t~e general election ~!!o%. Aly c~ndidste who cualifies for the primary election for Cou~cilmsn and has his name printed on the nri~ry election ballot and is not nominated in such priory ~lection, sba!! unon bnco~ disoua!ified to ~ elected as a Council~n ~q the next ensuing general election for Counci!~n. SECTION 10. All laws and naris of !a~s in conflict with the of %~is aet~ be ~qd the same al-~ hereb~ repealed. SECTION 11. ~is act shall become effective immediately ~pon its pass- age and its appro~l by the ¢~e~anr or upon its becoming a law without the aporova] of the C~vernor." Upon motior! of Cot~ei~t ~[eNeece~ Seconded by Counc!2~sn Smith, and ~lpon ea~_l of roll unan~o,ls].M ca~ied, th~ foregoin~ P. esolutios No. 620 wa~ passed a~d adopted ~ read. ;.s there ~,as ~o other bu.~jness to come befo~ the Council at this time, the Council adjoined to the next ~gular mnet~n~ to 'he held a~ on Ta'~sday~ ~[ay 15th, 194.7.