G-516(39-63) ORDINANCE NO. ,G-,5,16,
AN EMERGENCY ORDINANCE OF THE CITY COUNCIL OF
THE CITY OF DEL~AY BEACH, FLORIDA, CREATING
THE OFFICE OF CITY PROSECUTOR: AND PROVIDING
FOR T~E TERM, QUALIFICATIONS AND DUTIES OF
SAID OFFICE.
WHEREAS, during the past fiscal year, the Municipal
Court of the City of Delray Beach processed 1,260 cases; and
WHEREAS, the National Safety Council in its Annual
Traffic Survey strongly recommended the use of a City Prosecutor
in the local Court; and
WHEREAS, the Chief of Police and Municipal Judge are
in favor of the creation of the Office of City Prosecutor;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. The Office of City Prosecutor be and the
same is hereby created.
Section 2. The City Council shall appoint a City
ProsecUtor and two Assistant City Prosecutors who shall serve
at the pleasure of the Council for a term not in excess of one
year. The first appointments shall be through December 31,
1963, and thereafter appointments shall be made at the same
time and in the same manner as provided for in appointing the
Municipal Judge and the City Attorney.
Section 3. The City Prosecutor shall be a lawyer
qualified to practice in the Courts of the State of Florida,
and shall be a resident of and maintain an office in the City
of Delray Beach at the time of his appointment, and during the
tenure of his office.
Section 4. The Assistant City Prosecutors shall be
lawyers q~alified to practice in the Courts of the State of
Florida but need not be legal residents of the City nor shall
the maintenance of a local office be a requirement. The Assis-
tant City Prosecutors shall serve when designated by the City
Prosecutor in the case of his absence, disability or disquali-
fication, f
Section 5. The City Prosecutor shall be paid a salary
of $2,600.00 per year, and the Assistant City Prosecutors shall
receive compensation at the rate of $20.00 per Municipal Court
session which they are designated to attend. The aforesaid
compensation shall be paid from a special fund which shall
arise from the imposition of court costs in an amount of $5.00
which shall be levied by the Municipal Judge against each con-
victed defendant in addition to any fine which might be imposed.
Section 6. The duties of the City Prosecutor shall
be to prosecute all cases in the Municipal Court of the City of
Delray Beach, to represent the City in all appeals from the
Municipal Court, to advise the City Council on all Ordinances
relating to offenses triable in said Court; and to instruct
police offlc~rs in arrest a~.~d court procedures when so requested.
PASSED and ADOPTED this 12th day of November, 1963.
to be effective immediately.
CITY OF DELRAY BEACH
May~
ATTEST:
-2-
DELRAY BEACH NEWS JOURNAL
Published Semi. Weekly
Delray Beach, Palm Beach County, Florida
PROOF OF PUBLICATION
~TATE OF FLORIDA
who on oath says ,that he/she is....,~..,4~/~.~~....~cE~.-~.., of The Delray Beach
News-3ournal, a semi-weekly newspaper published at Delray~. , 'Be~ch ~ Palm Beach County, Florida;
that the attached .-~py of advertisement~ being ~.~ .......... ~/~
in the ..... ~"~/__ ×~ z/~ ............... ::L..~ ..... Court, ~was pub'li~ed in said newspaper
file
Affiant further says that the said Delray ~each News-Journal is a newspaper published at Delray
Beach, in said Palm Beach County, Florida, and that the said newspaper has heretofore been
continuously published in said Palm Beach County, Florida, each week and has been entered
as second class mail matter at the post office in Delray Beach, in said PaLm Beach County,
Florida, for a period of one year next preceding the first publication of the attached copy of
vertisement; and affiant further says that he has neither paid nor promised any person, firm or
corporation any discount, rebate, commission or refund for the purpose of securing this adver-
tisement for publication in the said newspaper. _ /.~'~-'~
IlOTAIIY FU~, STATE OF FLORIOA AT LAR6E'
NY GOMIIlSSIOli EXPIRES OCT. 25~ 1066