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Res 08-70 RESOLUTION NO. 8-70. A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, IN PAI~ BEACH COUNTY, FLORIDA, AMENDING THE CHARTER OF SAID CITY BY ADDING A NEW SECTION 48.1 PROVIDING FOR THE APPOINT- MENT, QUALIFICATIONS, DUTIES AND COM- PENSATION OF THE CITY PROSECUTOR. WHEREAS, the charter provisions of the City of Delray Beach, Florida, do not provide for the appointment, quali- fications, duties and compensation of the city prosecutor and his assistants;-and WHEREAS, notice"of intention, to apply for a local bill was published on January 15, 1970; and WHEREAS, a public hearing was held on January 26, 1970, after 10 days public notice pursuant to the Charter of the City of Delray Beach, Florida; and WHEREAS, it is deemed to be in the best interest of the City of Delray Beach, Florida, that a section should be added to the charter providing for the appointment, qualifications, duties and compensation of the city prosecutor and his assist- ants. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA: The Legislature of the State of Florida is respectfully requested to enact in the 1970 regular session an amendment to the charter of the City of Delray Beach, Florida, by add- ing Section 48.1 which is approved and recommended by the city council of the City of Delray Beach, Florida, a copy of said amendment being attached and submitted herewith. Passed and adopted this 26th day of January, 1970. CITY OF DELRAY BEACH, FLORIDA ATTEST: city Cler~-i::-~/- A bill to be entitled An ac~ r.~l~tln.~; to the City of Deb-ay Beach, Palr~ Beach County, Florida arr~ending Chapter 25786, Special Laws of Florida, Acts of 1949, as ar~.xended, sa:ne being the Charter of said city by adding a new Section 5g. 1 p~-oviding fo~~ the apt:oint~nent, qu2.1ifications, duties ,.nd cor:xpen~ation of the city pros ecutor. Be It ~nacted by the Legislature of the State of Florida: Section 1. Th~..t Section .iS. 1 be added to Chapter 25786, Special Laws of Florida, P,~cts of !9 f9, a~ a:~ended, sa~xxe being the Charter of the City of Delray Beach, Florida, and is to read as follows: Sec. 48.1. Appointl~aent. of City Prosecutor; qualifications; compensation; duties. The cit. y council shall appo..int a citx proaecutor and such assistant city prosecutors aa may be necea, aary, ~vho ahall serve at the pleasure of council. The city proaecutor ~hall be a member in good atanding of the Florida Bar with at least two ,'fears' experience a~ a practicing attorney in Florida and other qualificationa a~. eatabltahed by ordinance at the tic-me of hia appointment. Aasistant citz prosecutors shall ~-~eet the .qualifications as e~tabli~hed by ordinance. Con~Lena.ati?.n ~,o be paid the city prgs~ecutor and his assistants shall be fixed b~f ordinance or resolution. The duties of t~,e cit)r,,prosecutor and his assistants shall be to prosecute all cases in the n~unicipal cour,[ of,the Ci,t.~' of, ~elr~LEeach, to represent the~ci~y in all appeals frorn the ~nunicip, al court, to advise the city council on all ordinances relating to offenses triable in said court; and to instruct police office~'s in arrest and court procedures when so requ,ested. ~:~cc~ion 2. All la~'~ oz'~ pa~'ts of laws in conflict herewith are he~-eby i"epealed. Section 3. Ii, is declared to be the legislative intent that if any portion of the Act is held invalid, the remaining provisions of tiffs Act shall not be affected but shall re£f',ain in full force and effect. Section 4. This Act shall take effect immediately upon becoming