55-75 ORDINANCE NO. 55-75.
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, REPEALING SECTIONS 58, 59
AND 60 OF CHAPTER 25786, SPECIAL ACTS OF FLORIDA,
RELATING TO THE OFFICE OF CITY ATTORNEY AND SUB-
STITUTING IN THEIR PLACE THIS ORDINANCE WHICH PRO-
VIDES FOR THE APPOINTMENT AND REMOVAL OF THE CITY
ATTORNEY, ASSISTANT CITY ATTORNEY AND SUCH SPECIAL
COUNSEL AS THE CITY COUNCIL MAY DEEM NECESSARY;
PROVIDING THAT THE DIRECTION OF THE LEGAL AFFAIRS
OF THE CITY ARE TO BE THE RESPONSIBILITY OF THE
CITY ATTORNEY, AND AUTHORIZING COMPENSATION OF THE
CITY ATTORNEY, ASSISTANT CITY ATTORNEY AND SPECIAL
COUNSEL, IF ANY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Pursuant to Chapter 166 of the Florida Statutes known as
~he "Municipal Home Rule Powers Act", municipalities were granted the
authority to amend or repeal certain provisions of their Charters by
'ordinance,
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. (A). ~ppointment - The City Council shall appoint
a City Attorney, Assistant City Attorney and, if deemed
necessary, from time to time, special counsel. The City
Attorney shall be the Chief Legal Officer of the City and
shall be responsible to the City Council for the administration
of the legal affairs of the City. The Assistant City Attorney
shall be responsible for those legal matters assigned him by
the City Attorney and shall report directly to the City Attorney
regarding the performance of such duties. Special counsel may
be under the direct supervision and control of the City Attorney,
as is the case with the Assistant City Attorney, or may report
to and be directly r~sponsible to City Council, whichever the
City Council shall determine at the time of appointment.
(1) The City Attorney and Assistant City Attorney shall
be appointed by Council at its first meeting on Monday
in April of each year by a majority vote of the City
Council. Special counsel may be appointed as the
need arises.
(B) Removal - The City Attorney and special counsel shall hold
office at the pleasure of a majority of the City Council. The
Assistant City Attorney shall be subject to removal only by the
City Attorney provided, however, that the Assistant City Attorney
will be subject to the annual appointment provision set forth
in Section (A) (1) above and City Council may, in its sole
discretion, decide not to reappoint an Assistant City Attorney
who was previously appointed by City Council.. If a vacancy
occurs in the office of the Assistant City Attorney between the
annual meeting appointment dates set forth in this ordinance,
the City Council shall appoint a new Assistant City'Attorney
to fill the position for the remainder of that year subject to
the discharge provisions set forth above.
(C) Compensation - The City Council may, from time to time,
fix the regular compensation of the City Attorney, and Assistant
City Attorney, at a.sum commensurate with the duties which may
be imposed on them by the Council; provided, tnat all special
or unusual services required of the City Attorney and Assistant
City Attorney may be specially compensated as the Council may
see fit to provide.
SECTION 2. Dutie~ of. Legal Counsel.
(A) Legal counsel, with the assistance of the City Clerk, shall
prepare all ordinances, all c'ontracts and other instruments in
w~iting in which the municipality is concerned, or shall endorse
on each approval as to form. No contract with the municipality
shall be binding upon the municipality until legal counsel for
the City has endorsed his approval thereon, and this provision
shall'be strictly construed by all courts of this state·
(B) When required by 'the Council, legal counsel for the City
shall prosecute and defend, for and in behalf of the City, all
complaints, suits and controversies in which the City is a party.
(C) Legal counsel shall furnish the Council, City Manager and
depart~nent heads his opinion on any question of law relating to
their respective powers and duties; and he shall perform such
other professional duties as may be required by ordinance,
resolution, motion of the Council, or by City Charter or by
Special Acts.
(D) Special counsel shall perform those duties assigned them
by Council.
SECTION 3. This ordinance shall repeal Sections 58, 59 and 60 of
Chapter 25786, Special Acts of FlOrida.
SECTION 4. This ordinance shall become effective immediately on
second and final reading.~
PASSED AND ADOPTED in regular session on second and final reading on
this the 22nd day of December , 1975.
ATTEST:
/ City Clerk
First Reading December 8, 1975
Second Reading. December 22, 1975 .... .,-