Res 1311-61 RESOLUTION NO. 1311.
A RESOLUTION OF THE CITY COUNCIL OF
DELRAY BEACH, FLORIDA, REQUESTING THE
LEGISLATIVE DELEGATION OF PALM BEACH
COUNTY, FLORIDA, TO PRESENT CERTAIN
BILLS BEFORE THE 1961 SESSION OF THE
FLORIDA LEGISLATURE AMENDING THE
CHARTER OF DELRAY BEACH, AND
VALIDATING AND CONFIRMING ORDINANCES
AND RESOLUTIONS.
BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SECTION 1. That the legislative delegation of Palm
Beach County, Florida, is hereby requested by the City
Council of Delray Beach, Florida, to present to the 1961
session of the Florida Legislature for passage, the
following bills which are described herein by title for
identification, the following titles being those that appear
on the bills to be presented, and which accurately describe the
subject of each bill:
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, VALIDATING,
CONFIRMING AND RATIFYING ORDINANCE NO. G-328
DATED SEPTEMBER 28, 1959 AND ORDINANCE NO.
G-368, DATED SEPTEMBER 12, 1960, ADOPTED BY
THE CITY COUNCIL OF SAID CITY, REDEFINING THE
TERRITORIAL BOUNDARIES OF SAID CITY TO INCLUDE
THOSE CERTAIN LANDS HERETOFORE ANNEXED BY
ORDINANCE NO. G-328 AND NO. G-368 AND
VALIDATING, CONFIRMING AND RATIFYING ALL
RESOLUTIONS AND ORDINANCES HERETOFORE ADOPTED
AND ENACTED BY THE CITY OF DELRAY BEACH, IN
PALM BEACH COUNTY, FLORIDA; PROVIDING AN
EFFECTIVE DATE.
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAP-
TER 25786, SPECIAL LAWS OF FLORIDA, ACTS OF
1949, AS AMENDED, SAME BEING THE CHARTER OF
SAID CITY BY AMENDING SECTION 17 THEREOF
PROVIDING THAT THE MAYOR WILL BE ELECTED BY
THE VOTERS AND FOR A TWO YEAR TERM;
PROVIDING ~REFERENDUM.
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAP-
TER 25786, SPECIAL LAWS OF FLORIDA, ACTS OF
1949, AS AMENDED, SAME BEING THE CHARTER OF
SAID CITY BY AMENDING SECTION 24 THEREOF
PROVIDING THAT SALARIES OF THE CITY COUNCIL
MAY BE FIXED BY ORDINANCE; AND PROVIDING
A REFERENDUM.
-1-
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER
25786, SPECIAL LAWS OF FLORIDA, ACTS OF 1949,
AS AMENDED, SAME BEING THE CHARTER OF SAID
CITY BY AMENDING SECTION 72 THEREOF TO PRO-
VIDE FOR THE PUBLISHING OF A CONDENSED COPY
OF THE PROPOSED BUDGET, AND BY ANENDING
SECTION 77 THEREOF TO PROVIDE FOR THE PUBLISH-
ING OF A CONDENSED AUDIT, AND BY AMENDING
SECTION 88 TO PROVIDE THAT ALL DELINQUENT
MUNICIPAL TAXES WILL HAVE A PENALTY OF TWO
PERCENT PER MONTH, OR FRACTION THEREOF, ADDED
THERETO; AND PROVIDING AN EFFECTIVE DATE.
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, A~fENDING CHAP-
TER 25786, SPECIAL LAWS OF FLORIDA, ACTS OF
1949, AS AMENDED, SAME BEING THE CHARTER OF
SAID CITY BY AMENDING SECTION 25 THEREOF BY
ADDING A THIRD UNNUMBERED PARAGRAPH THERE-
TO EMPOWERING THE CITY COUNCIL TO ESTABLISH
A PENSION PLAN FOR THE CITY EMPLOYEES;
PROVIDING AN EFFECTIVE DATE.
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAP-
TER 25786, SPECIAL LAWS OF FLORIDA, ACTS OF
1949, AS AMENDED, SAME BEING THE CHARTER OF
SAID CITY BY AMENDING SECTION 25 THEREOF BY
ADDING A SECOND UNNUMBERED PARAGRAPH THERE-
TO EMPOWERING THE CITY COUNCIL TO PROVIDE
FOR THE INVESTMENT OF SURPLUS CITY FUNDS;
PROVIDING AN EFFECTIVE DATE.
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER
25786, SPECIAL LAWS OF FLORIDA, ACTS OF 1949,
AS AM. ENDED, SAME BEING THE CHARTER OF SAID
CITY BY AMENDING SECTION 29 THEREOF TO PRO-
VIDE THAT THE READING OF ALL ORDINANCES AND
RESOLUTIONS MAY BE BY TITLE OR CAPTION ONLY,
EACH RESOLUTION OR ORDINANCE BEING POSTED
ON CITY HALL BULLETIN BOARD; AND PROVIDING
AN EFFECTIVE DATE.
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER
25786, SPECIAL LAWS OF FLORIDA, ACTS OF 19#9,
AS AMENDED, SAME BEING THE CHARTER OF SAID
CITY BY AMENDING SECTION 64 THEREOF TO PRO-
VIDE FOR A DIRECTOR OF PUBLIC WORKS IN PLACE
OF A SUPERINTENDENT AND EXPANDING HIS DUTIES
TO INCLUDE ENGINEERING SERVICES; AND
PROVIDING AN EFFECTIVE DATE.
-2-
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER
25786, SPECIAL LAWS OF FLORIDA, ACTS OF 1949,
AS AMENDED, SAME BEING THE CHARTER OF SAID
CITY BY AMENDING SECTION 86 THEREOF TO PRO-
VIDE FOR THE MEETING OF THE BOARD OF
EQUALIZATION ON THE SECOND MONDAY IN JUNE
IN EACH YEAR, AND BY AMENDING SECTION lO7
THEREOF TO PROVIDE FOR THE FIXING OF DAY OF
TAX SALE NOT LESS THAN TWENTY EIGHT NOR
MORE THAN FIFTY DAYS AFTER THE FIRST
PUBLICATION OF NOTICE OF TAX DEED APPLICATION;
AND PROVIDING ANEFFECTIVE DATE.
AN ACT RELATING TO THE CITY OF DELRAY BEACH,
PALM BEACH COUNTY, FLORIDA, AMENDING CHAPTER
25786, SPECIAL LAWS OF FLORIDA, ACTS OF 1949,
AS AMENDED, SAME BEING THE CHARTER OF SAID
CITY BY AMENDING SECTION 78 THEREOF TO PRO-
VIDE FOR A CITY PURCHASING SYSTEM, INCLUDING
COMPETITIVE BIDS AND CONTRACT PROCEDURE.
PASSED AND ADOPTED on this 13th day of F~.~ru.ar~ ,
1961.
ATTEST:
-3-
NOTICE OF PUBLIC HEARING
In compliance with Section 191 of the Charter of the City
of Delray Beach, Florida, notice is hereby given that a public
hearing will be held on Monday, the 13th day of February, 1961,
at 8:00 P.M., at a regular meeting of the City Council of the
City of Delray Beach, Florida at the City Hall.
The purpose of the public hearing is to finally consider
the following proposed amendments to the Charter of the City of
Delray Beach, a copy of which is on file in the office of the
City Clerk and which will be submitted to the 1961 Session of
the Legislature, to-wit:
PROPOSED AMEND~ENT NO. 1
AN ACT ~ENDING SECTION 12, OF CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE FOR THE ELECTION
OF THE MAYOR DIRECTLY BY THE PEOPLE FOR A TWO YEAR TERM;
AND PROVIDING A REFERENDUM.
PROPOSED ~ENDMENT NO. 2
~N ACT AMENDING SECTION 24, OF CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE THAT SALARIES OF
THE CITY COUNCIL ~Y BE FIXED BY ORDINANCE NOT TO EXCEED
$100 PER MONTH FOR EACH COUNCILMAN EXCEPT THAT THE MAYOR
WILL BE PAID $150 PER MONTH; AND PROVIDING A REFERENDUM.
PROPOSED AMENDMENT NO. 3
AN ACT AMENDING SECTION 86, OF CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE FOR THE ~ETING
OF THE BOARD OF EQUALIZATION ON THE SECOND MONDAY IN
JUNE IN EACH YEAR.
PROPOSED AMENDMENT NO. 4
AN ACT VALIDATING, CONFIRMING AND RATIFYING ALL RESOLUTIONS
AND ORDINANCES HERETOFORE ADOPTED AND ENACTED BY THE CITY
OF DELRAY BEACH, FLORIDA.
PROPOSED AMENDMENT NO. 5
AN ACT AMENDING SECTION lO?, OF CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE FOR THE FIXING OF
DAY OF TAX SALE NOT LESS THAN TWENTY EIGHT NOR MORE THAN
FIFTY DAYS AFTER THE FIRST PUBLICATION OF NOTICE OF TAX
DEED APPLICATION.
PROPOSED AMENDMENT NO. 6
AN ACT AMENDING SECTION 78, OF CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE FOR A CITY
PURCHASING SYSTEM, INCLUDING COMPETITIVE BIDS AND CONTRACT
PROCEDURE.
PROPOSED AMENDMENT NO. 7
AN ACT VALIDATING, CONFIRMING AND RATIFYING ORDINANCE
NO. G-328, ADOPTED SEPTEMBER 28,1959, BY THE CITY
COUNCIL OF DELRAY BEACH, FLORIDA, REDEFINING THE
TERRITORIAL BOUNDARIES OF SAID CITY TO INCLUDE THOSE
CERTAIN LANDS HERETOFORE ~NNEXED BY SAID ORDINANCE
NO. G-328.
PROPOSED AMENDMENT NO. 8
A_N ACT VALIDATING, CONFIRMING AND RATIFYING ORDINANCE
NO. G-368, ADOPTED SEPTEmbER 12, 1960, BY THE CITY
COUNCIL OF DELRAY BEACH, FLORIDA, REDEFINING THE
TERRITORIAL BOUNDARIES OF SAID CITY TO INCLUDE THOSE
CERTAIN LA~DS HERETOFORE ANNEXED BY SAID ORDINANCE
NO. G-368.
PROPOSED ~ENDMENT NO. 9
AN ACT ~MENDING SECTION 29, OF CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE THAT THE
READING OF ALL ORDINANCES ~ND RESOLUTIONS MAY BE BY
TITLE OR CAPTION ONLY, EACH RESOLUTION OR ORDINANCE BEING
POSTED ON CITY HALL BULLETIN BOARD.
PROPOSED ~NDMENT NO. l0
AN ACT AMENDING SECTION 72, OF CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE FOR THE
PUBLISHING OF A CONDENSED COPY OF THE PROPOSED BUDGET.
PROPOSED AM~ENDMENT NO. ll
AN ACT ~MENDING SECTION 77, OF CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE FOR THE
PUBLISHING OF A CONDENSED AUDIT WITHIN THIRTY DAYS AFTER
RECEIPT OF THE SAME.
PROPOSED ~ENDMENT NO. 12
AN ACT ~MENDING SECTION 88, OF CHAPTER 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE THAT ALL
MUNICIPAL TAXES NOT PAID BEFORE THE FIRST DAY OF APRIL
OF ANY YEAR SHALL BE DELINQUENT AND A PENALTY OF TWO
PERCENT PER MONTH, OR FRACTION THEREOF, SHALL BE ADDED
THERETO.
PROPOSED AMENDmeNT NO. 13
AN ACT A2~ENDING CHAPTER 25786, SPECIAL LAWS OF FLORIDA,
ACTS OF 1949, TO AUTHORIZE AiWD EMPOWER THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, TO PROVIDE FOR THE
INVEST~NT OF SURPLUS FUNDS; DEFINING SURPLUS FUNDS TO BE
THOSE IN ANY GENERAL OR SPECIAL ACCOUNT OR FUNDS OF THE
~,~NICIPALITY CONTROLLED BY THE GOVERNING BOARD OR BODY OF
SUCH MUNICIPALITY WHICH IN REASONABLE E¥~ECTATION WILL NOT
BE NEEDED FOR THE PURPOSES INTENDED WITHIN A PERIOD OF
THREE MONTHS FROM THE DATE OF SUCH INVESTMENT; AND PE~ITTING
THE DEPOSIT OF SECURITIES PURCHASED AND PROPERLY EARMARKED
IN A SAFETY DEPOSIT BOX OF SOME BANK OR INSTITUTION
CARRYING ADEQUATE SAFETY DEPOSIT BOX INSURANCE WITHIN THE
CITY WHERE THE SECURITIES WERE PURCHASED AND SECURING A
RECEIPT FOR SAID SECURITIES WHICH CAN ONLY BE RELEASED
UPON WRITTEN CONSENT OF THE CITY M~NAGER.
PROPOSED AMENDMENT NO. %~ 14.
AN ACT ~ENDING CHAPTER 25786, SPECIAL LAWS OF FLORIDA,
ACTS OF 1949, TO AUTHORIZE AND EMPOWER THE CITY COUNCIL
OF THE CITY OF DELRAY BEACH, FLORIDA, TO ESTABLISH A
PENSION PLAN FOR CITY EMPLOYEES.
PROPOSED AMENDMENT NO.
AH ACT AMENDING SECTION 64, OF CHAPTE~ 25786, SPECIAL
LAWS OF FLORIDA, ACTS OF 1949, TO PROVIDE FOR A DIRECTOR
OF PUBLIC WORKS IN PLACE OF A SUPERINTENDENT AND EX-
PANDING HIS DUTIES TO INCLUDE ENGINEERING SERVICES.
Given by direction of the Gity Council this 23rd day of
January, 1961.
CI~M OF DELRAY~EACH,
ey Geo~: V. Warren
~ Mayor
ATTEST:
R.D. Worthing
City Clerk
Richard F. Zimmerman
80 N.E. 4th Ave.
Delray Beach, Florida
City Attorney
Publish: January 26, 1961.
.AFFID~.VIT
February .16 ,1961.
STATE OF FLORIDA,
COUNTY OF Palm Beach ,
BEFORE ~.~, the Undersigned Authority,
personally appeared Rebert L. Britt
who, on oath, does 's~lemnl~sw'ear (or affixln)'
that a notice stating the substance of a
proposed bill relating to
Amendment of Chapter 25786, Special
Laws of Flerida, Acts of 1949, as Amended,
same being the Charter ef the City of
Delray Beach, Florida.
was printed and published on the 26th
day of January., 19 61, in the
Delra.¥ Beach News-Journal , a
newspaper of general CircUlation, published
in County, Florida, where the
matter'Or thing-t° be affected by the proposed bill
is situated; that ~copy of the published notice
is attached and ~e a part of th%s af. fidavit.
SIGNED .
Title Mana~er-Publisher
Sworn to and subscribed before me this
NO~Y PUBLIC
o a~e 9~ lori a a~
La, ge, ~y Commission
Form 1959
,q ~hi h ~ on file n - - ' ,,?'~* ~nl - be r~aed upon wrlt~' e~ent
THE DELRAY BEACH NEWS-JOURNAL
,,~ I'i/, Clerk and w ........ '
~e~sio~ o[~e~Of (h~ City Cotl,,cil. '
sumn~lo4 to ~he 19s ' ' V ~,:T ~ PROPOSED AMENI)MEN~O. ,14
Publish~ Weekly ,~. a.q amending I · v* of*'~-~ auih,,ri,e a ;d empower t~ Oi~ ~un.
Chapter 25786, Si,ecl, 07~,~ Ig loff~ci of the City of Delray B~. ~lor-
: ida, ,&eta of 1949. h %- .& % .~k/ida lo ~lahlish a oen~lo~';f~ for
ter~n' ~nd~ (litY Emplv>eea. ;:
Delray Beach, Palm Beach County, Florida ~ .~ection of th* M~:G ( ~,, , }
~eople for a two y~a ' ~ ~ ~ PROPOSEI) AMENDM~:NT '~O~. 15
vidlnz*a refere.dum, ¢ An Act am~ding ~ti~ 564~:Chau·
tot of Public W~k~ in v~of
COUNTY OF P~M BEACH t,~ ,57~. $oecial L w~ o[;Flo~.~Acis of l~S, to orovlae
Atq~ of 19~9. to pro~ .fie tha~ sal~ Nuperint~d~t* =nd exga~l~.
V of the city cnunvil :l~y he fix~ttlen ~ inelude~e~e~in~.
Before ~ ersigned ~t~ personally .,.~ ....... 1 t ...... ; $1m) o~r m~} G yen by direction of th*
for each cot,uti!man ~xeePl }hat~{ci[ thia 23rd day of January. t~1.
~~~-~:- ,la0 ,,e. mo.;{
appeared ............ and pro~iding a refer ~y George V. Warren
PROPOSED AME~ OMENT~NO.~ } Mayor :~ ',
~er 25~86, ~pecial I,}ws of~ t'la~,~ R. D. Worthin~
/~~ ..... of the 4elrayBeach Avis of 1~9, q'o vro,'~e for the ,~' CttyClerk
-' in~ of the Boa~ of F~uall~tion~/ Richard F. Zimmerman
~ ~0 N E. 4th
News-Jom'nal, a weekly newspaper published at ~,, second .Monday n June in ~
Delray Beach in Palm Beach County, Flo~da; that AnPROPOSEI)Act malidatingAMEN ........ :'-': la'nd ~'~-- Pn{qi*h'.. January 26 1961. . [t*:5 ¢{
enacted
~ attached copy o~ertisement, boing a ........ ita-i.~ an
~ - Ci~,y ~ l)elra~ Be~eh~ Florida.
in ~e matter .~. Ac( amendin~ ~e(.t i, 107. Of
....................... Acts of 1~. lo pro de for ~he ~
....... :. .......................... lwenty-eitb{ n.f mor~ than fifty ~
..... ~ ~f~ee the first ~ubli ifio~ o{
in the .................................................................... Court, of Tax l)e.I applleai ,.
I'ROI'OSED A.H~ OI~NT :N0. ~.
was ,~lished in said newspaper in the issue (s) ~, ,,~, .... d~,, S*,,[. :s. dr
lev 25786. Spetqnl I,~'S of
o ..~. /~./- ........ ,,~,, ,,,, .... ,,,~,4' ....
urther says tff t the said Delray Beach A, Act validating, co~rmln¢ had ~
i~,ing O~inanee No.[ d-3~. ~
News-Journal is a newspaper published at Delray ~,t,~b,, 2s, 1959, b4the Ci~
Beach, in said Palm Beach County, Florida, and .a 0~ ~,~ ~..rh, m-,o~a..
(!try tO ~clude tho~ ce~ai~ I~
that the said newspaper has heretofore been eom heretofore annexed byisaid O~dina~
tinuously published in said Palm Beach County, ~o. o.s~s. '/ ~
Florida, each Thursday and has been entered as rBOpOSZO .~,~;~o[ ~x~ SO. s"~
second class mail matter at the post office in ~..~t ,~,~u,~, ~o4~m,~b-a m~
tfying Ord nam, e No. { O-36~.
Delray Beach, in said Palm Beach County, Flor- ~,,,~,,~ ~, ~0. b, tho Cl~
ida, for a period of one year next preceding the ~,,= the Territorial Bn ndarienioi ~/
City to iacln~ tboa~ certain' la~
ikst publication of ~e attached copy o~ a~-
tisement; and affiant further says that ...... ~ ~o.~"~"¢"'~(;.a~s. ~,,.,~d hs .,~, o~m,~.,
has neither paid nor pro. sad a~ person, f~ rao~.,,s~;, AMEN M~iNT NO. ~
or corporation any discount,~bate, commission a. Act amending S~t n '~9. ~
or refund for the purpose ~se~uri~ this adver- aCts of m~ ,0 p--vidl ti, at t~* ~
tisement for publication i~ said new~ap~ . ~"~ ~ ., o~m.~.~.,
~n City Hall Bulleti~ ~o~rd. I . s~
........ PROPOSED AMEN'~IENT ~0, ~
:::::::::::::::::::::::::::::: ...... ,,,,. ,..,.. ,,.
Sworn to and su :ter 25;~. Special L~'s of Florl{~
day of ._~_¢~-a~a--a~-t .............. A. D. 1~_. ~,.,. oi ,o~, to .,~,'~!, in, t~,
~llshing af a eondeasd, c~y: of
/ ~ i'roposed Bud~. ] ?;:
An Act am~din~ ~tt ~ ~, o{
tet~ of 1949, to provl ~ for t~e P~b"
' 'C ' ishi,,~ of a condenseAudit
Y Commission ~0ires Nov. 6, 1964 ,,.o~,,~:. ,,~,~:~, ,~ xo. ~
~n Act am~ndin~ Sect}, m ~. o{
',er 2~;86. ~{~eial La rg of ~ori~i{
~icipa{ ]'axem not D~id )efore t~
~eli~tou~t a.d ~ pens y of two
~ent Per mnn~h, ce f
$hall ha added thereto, etlon ~here~.
,An Act amendinx ('h~p~r 2&~'
~1 Laws of ~orida ~ Ol 1~9. ~
~1 of th~ City of Detr~ ~ch~ FI~
i~a. h~ provide for
~lus fundsl definin~surplus [ fun