Res 09-70 RESOLUTION NO. 9-70.
A RESOLUTION OF THE CITY COUNCIL OF
THE CITY OF DELRAY BEACH, IN PALM
BEACH COUNTY, FLORIDA, AMENDING
SECTION 59 THEREOF PROVIDING FOR
CITY ATTORNEY TO FURNISH LEGAL
OPINIONS TO THE CITY MANAGER AND
RELEASING DUTIES TO THE ~CONICIPAL
COURT.
WHEREAS, the charter provisions of the City of Delray
Beach, Florida, provides for the duties of the city attor-
ney which needs to be changed to-conform.with his present
functions; 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
of Delray Beach, Florida; and
WHEREAS, it is deemed to be in the best interest of
the City of Delray Beach, Florida, that the city attorney
be relieved of representing the city in the municipal court
and is to furnish legal opinions to the city manager.
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 Sec. 59 of the charter of the City of Delray Beach, 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
7~A-YOR
ATTEST:
A bill te be entitled
r~r~ ~ct rela!inq to the City of Delrav Beach, Palm
~3eech Cotrnty, Florida amending Chapter 25786,
Special L, aw~~ of Florida, Acts of 1949, as amended,
~;an:e being' the Charter of said city by amending
Section 59 ~ov~di--for city attorney to furnish
legal opinion~ to the city manager and releasing
duties to th~ municipal court.
Be It ~nacted by the Legislature of the State of Florida:
Section 1. That Section 59 of Chapter 25786, Special
Laws of Florida., Acts of 1949, as amended, same being the
Charter of the City of Delray Beach, Florida, is amended to
read as follows:
The city attorney shall prepare all contracts, bonds and
other instruments in writing in which the municipality is
concerned, or shall endorse on each hfs approval of the form,
language and execution thereof; and no contract with the
municipality shall be binding upon the municipality until the
city attorney has endorsed his approval thereon, and his
provision shall be strictly construed by all courts of this State.
V~hen required by the council, he shall prosecute and defend,
for and in behalf of the city, all complaints, suits and
controversies in which the city is a party ~~ase~_i~ ~he
municipal court. He shall furnir~h the council, ci___t~ manager,
o'~- the city clerh, his option on any question of law relating to
their respeciive po~vers and dutic-:; :'~.r-~ ~c. shall perform such
are ha :' e'.c y
2t.~t~fon 3, ?. i~ deala:'ed to be the legi.~lative intent that if
of thi:~ Acl :z::hall no[ be affected but s;hall ve]:nain in fu~d force
~nd effect.
Section ~, TMs Act shall ~ake effect immediately upon
b~ ..... ' law.
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