11-17-43 Special
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COUNCIL CHAJ.lBER
November 17th, 1943
The Council met in special session at 7:30 P.M. upon call
of tho Mayor, with the City Attorney and the following members
present: Mr. Hill, Mr. Jacobs, Mr. Millor, Mr. McFee and Mr. Wodischek.
The meeting came to order and t~ Mayor announced it had be.n
called principally for the purpose of ~ aring explanations of ,c ertain
candidates on their qualifications for the primary .l.ction Novomber 23rd;
also for the purpose of discussing the ordinance on water rates which
ie now pending.
Councilman Hill stated that his deed showing ownership of
improved property in Delmy Beach which he pres.nted to the City Council
as a quaUfication for the primary election and which was approved and
accepted by the Council Nov.mber 9th, has b..n found to be invalid. H.
stat.d that a later d..d has been recorded at the Court House in West
Palm Beach, which of course, would supersede the on. pnv:iously pres.nted
to the Council. He explained further that he had not noticed this
matter until he rememb.red tbat sevoral of his pap.rs had b.en fil.d in
Mr. C.Y. Byrd's offic. sinc. 1935 and upon investigating, found the
discrepancy which had occurred. It was not his intention, h. maintainlld,
to mi8):l8pres.nt his qualifications and h. did not want the members ot
the Council or the citizens of D.lray Beach to f..l that he was serving
on the Council under fals. pretens.s. Atter a short discussion, llr. lIill.r
IIIOved that the quaUfications cL Mr. Hill be accepted and his name plac.d
on the ballot for the primary .lection. The motion was lost for want ot
a s.cond. Mr. J{!ldi.sch.k askod the City Attorney to render his opinion on 'I'
the supposit:l.on that if a candidate was not, l.gally qualified, aaeord:\.ng /....;;
to our City Charter, but r.ceived a majority of votes, would h. be l.ga~-:/,......."" "
'lualified to serve in the offic.. - The City Attorney stat.d that, in his. ~ ~ .
opinion, if a candidate was not legally qualifi.d to run in the primary ",~
el.ction, then h. would not be qualifi.d to hold offic. if elect.d._ . .
llr. John A. ThSiYer, who is qualified in GrQup"ItC" to run against llr. Hill,
address.d the Council, stating that he thought Mr. Hill had mad. an .xc.nent
Councilman for the city; also that if Mr. Hill roc.i~d a majority ot votes
in the primary el.ction he did not 1Irlnk anyone should question his qualiti-
cation,'to hold office and that no on. .hould want to profit by such a mistake
as.c was made in the presentation of the de.ds. The City Attorney cited
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November 17th, 1943
the following definitions rogarding prop.rty ownership:
American Jurisprudence, Volume 42,
page 216, Section 39 und.r title
property.
"One spouse is not tho owner of
real estat. belonging to the other
even though such spouse will be
enti tl.d by law to an intftrost th.re-
in if he or she shall survive or al-
though the property is a homestead."
ConsUtution of State of Florida.
Article n, Section 1.
"All property, roal and personal
of a wife owned by her before
marriage, or lawfully acquired
afterward by gift, devise, b.qu.st,
de.c.nt, or purchase, shall b. her
separate property, and the _
shall not be liable for tho debts
of h.r huSband and without her coo-
sent given by sane instrument in
writing eX8cuted according to tho
law resp.cting conv.yances by
married wanen."
He stated that in his opinion, llr. Hill was not qualified to
run in the primary el.ction, under the present conditions.
Jlayor Jacobs said he felt that the City Attorney's opinion
should b. upheld. Mr. Miller moved that tho new evidence
presented by 14r.Hill (namely, the new deed) be accepted by
the Council. The motion was lost as no one seconded it.
There being no action aken on Mr. Hill's qualifications as
a candidate, the decision made by the Council November 9th,
accepting the qualifications of all the candidates, remained
the same.
Dr. C.W. .ogler addressed the Council, aSking that
November .17th, 1943
his name be reconsidered as a candidate for the primary
election. He was informed that not having filed as a
candidate, no action would be taken by the Council. He
asked the City Attomey if there was any way in which he
could have his name placed on the ballot. The City Attorney
replied that he could get twenty per cent (20%) cL the regis-
~red voters to sign a petition asking that his name be placed
on lIlhe ballot for the general election; or the City Council
could pass an emergency ordinance changing the time limit
for the tiling of aandidatfts. No action was taken by the
Council on this matter.
The Clerk reported that Mr. John Adams had requested
that eDmption for 1943 taDs be allowed on the Methodist
Church parsonage located in Block 4, Del Ida Park and the new
ownor of tho former parsonage located in Block 61 be taxed.
'lhe Clerk was instructed to write Mr. Adams and explain that
no adjustment or chango could be made on the 1943 tax roll.
The matter of the new water ordinance now pending,
which changes the rates for consumers having two or more
houlillls on one meter, wa. discussed. It was decided to give
the matter more consideration and report on saJll!! at the next
regular meeting.
It was regularly mowd, seconded and carried that
Council adjourn.
Approved:
--dfr J ~ ~~.. J d~.'AI:.
Acting City Clerk.
?/~
. Jlayor.
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