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Minutes 02-01-72MINUTES OF REGULAR CITY CO~ICIL MEETING HELD AT CITY HALL~ BOYNTON BEACH, FLORIDA, T~ESDAY, FEBRUARY 1, 1972 AT 7:50 P. M. PRESENT Robert B. Effron~ Mayor Mrs. Emily M. Jackson, Vice Mayor John L. Archie~ Councilman Harold Blanehette, Councilman David Robez~cs~ Counc/lman Mrs. Tereesa Padge~ City Clerk and Acting City Manage~ M~yor Effron called the meeting to order at 7:50 P. Mo The Invocation was given by Kenneth Hughes, Religion Major from Palm B~ach Atlantic College, followed by the Flag Salute led by Lar~y Ar~z, Finance Director. Introduction of Guests P. C. Van Deusen, Senior Citizens Robe~c Beyrer, ~nited Boynton Civic League and Sterling Villate Senior Citizens ~lbe~t Wehrell, Boynton Isle, Lee ManoT R. B. Vast/ne, Leisureville Gil Ecke~t~ Hampshire Gardens Paula Moore, American Legion Auxiliary, President Jdm O'Meara, Chamber of C~mmerce Bill Moore, Retired Government Employees, President Anthony Newbold, Ridgewood Hills HarTy Leforte, Village Royale M~s. Dewey Sanders: Boynton Junior Woments Club Mrs. Jackson stated that Mr. Vastine was just appointed to the Palm Beach County A~ea Development Board. Proclamation - '~iss Boynton Beach Week'~ Mayor Effron read the Proclamation, designating March 4th through March llth as "Miss Boynton Beach Week" and asked all residents to join in Supporting this worthwhile endeavor. MINUTES Regular Meeting - January 18, 1972 Mms. Jackson stated that on Page 5 under "Review status of all court cases" it should be the ~'Catholic Diocese~ not the Catholic Church. Mr. Archie moved to accept the minutes of January 18~ 1972 as corrected~ seconded by Mr. Roberts. Motion carried 5-0. Mrs. Jackson moved to table the minutes o~ JandaT~ ~§th, ~CO~§~ by Mr. Arehie. Motion carmied 5-0. Mr. Archie moved to accept the minutes of January 20th and 25th as writ- ten, seconded by Mrs. Jackson. Motion carried 5-0. -1- MINUTES REGULAR CITY C~dNCIL MEETING PEBRib~RY 1: 1972 P~BLIC AUDIENC5 Florence Oths, 2450 S. Federal Highway spoke for a number of Boyn~on B~aeh residents. She stated that fo~ the past yea~ they-have been si~ned to the fact that they must forego the pleasure of visiting Boynton Beach on Saturdays and Sundays because of the pa~king situation. She p~esented this matter to Council~ and requested a solution to the problem. There are campers, trailers and people from out of town parking at the beach. Mrs. Oths respectfully ~equested Council to give sume considera- tion to this problem. Mayor Effron stated that he agrsed with Mrs. Oths and requested that she t~ll her story to Ocean Ri ge ar~ the County Comm~ssmon also. The City has been trying to get more beach. Robert Beyrer. stated that he did not attend the meeting Monday evening with t.h.e P~g Consultant, .~ut he did read that Mayor Effron mentioned eXtending the'line of. annexation property to State Road ~4.41~ and also that Mr. Archie mentioned that the Count~ desires to combmne the towns into one large tow~. Mr. each member of Council if they own any property west :.. Mr. Roberts answered '~no~. Mrs. Jacksor stated "no~' but wished he did. Mr. Arehie stated "yesu and glad he does. property In view people know exactly , member of Coun~it that owns have the right to vote on annexation. owns p~operty, he should let the Mr. Archie stated that if it is a conflict of interest he will abstain ~om votmng, as: he has always done. Mayor Effron stated that what he said about annexation was that Council should probably get to~ether and discIAss it~ as c~mm%~lities to the south have requested annexation out to 444 Mr. Archie confronted Mr. Beyrer with the fact that he at one time op- posed MrS. Jackson at ~ittee meetings at ~hieh Mr. Arehie was also present. He asked Mr~ Be~rem why he turned around and backed Mrs. Jack- son when he was once against her? Mr. Beyrer stated that he and Fn0s. Jackson were once Drear opponents. Mrs. Jackson agreed. He then stated that Firs. Jackson was backed because s.h.e was the only meh%be~ of the 5 members of the Council who had any con- sideration f.or. ~he ~axPaye~s of Boynton Beach. She is the only member who did anything to roll back the millage. She opposed the drainage. This is ~y sh~'?W~aS'-~9~n ~vezS~'. consideration as a candidate. Mr. Vastine stated that it has. come to him from very reliable sources that it has be~n said that LeisUx~Ville ms now behind the Drexel Property annexation. -2- MI~E1TES REG~L~ G1TY COUNCIL MEETING PEBR~UL~Y 19 1972 Mr. Vastine stated he is not opposed to, annexation per se, b~t he can bring 1,000 names /f there is an attempt to annex Drexel Property without legal means of the Charter~ and it would be drastically opposed. If Drexel Properties makes ~% attempt to cOme into the City of Boynton Beach Mr. Vastine cautioned the Council to be guided by the Charter~ and they are ready at any Time to present the petition to force it to re~erendum~ and he also proposed a $7507000 perfommance bond be poste~. Furthermore~ a~y developer coming in should pay the freight all the way. The people of this City arb not obligated to any developer. F~yor Effren stated ~at Council is awa~e of the Cha~tem: the petition: and also aweme that there are two sides to every Mr, Vastine stated he is aware of tJ%e two sides of the sto~y. F. C. Van Deusen stated that there are dwellings going up at N. W. 1st Ct. and 1st Street~ and the people in the area want to P~ow what they are for. They are worried that these will be low rental homes. He asked in City Hall: and no one seems to know. When a permit is 9~anted to build a dwellir~ in the City can't they find out then what it is to be built for - rental~ dwelling or what? Mr. Barrett, Deputy Building Of~icial~ Stated that Mr, Van Deusen is try- lng to find out if these are rentals or fo~ sale. It is single family hOmes. We do not know if the builder intends to rent o~ t~ sell, This is not determined by the Building Department. Mr. Van Deusen congratulated Mr. Frederick for the fine job he iS doing as Recreation Director. Thomas Canavan requested a voting precinct in Sterling Village, due ~o the fact that it is getting more hazardous to cross the Highway and go to the Civic Center to vote. He has requested this before~ and wan~e~ to know if they can or cannot have a voting precinct. Mr. Arabic stated that a Charter Revision Committee will be appointed tonight and this will be ino!uded~ as well as voting p~ocedures. Mr. Blanchette had a request from people at ~he end of Swinton Avenue. Cars oom/ng from De]may do not see the sign: and run off the road, and in one instance into a house. This will be turned ~ver to the Police Department te make a survey~ and put up ~i~ns. Mr. Canavan stated that he heard anyone meking a H-turn into Sterling Village would get a ticket. He further stated that there are no signs stating no ~-tur~. Mayor Effron stated that a uniform traffic code went into effect this year and there are no W-turns in a bus/ness district. MINUTES REGULAR CITT COIR~ICIL M~ETING FEBRUARY !, 1972 PUBLIC AUDIENCE, oont'd. Lt. Waters stated that a letter has been sent to the Department of Trans- portation requesting signs, and we are awaiting a reply frc~ them. LEGAL Ordinal_ce NO.. 72~2 - Amend~ .t~h_e Building.. Code - 2nd Reading Mrs. Padget~ read Ord~uance N.o. 72-2 by. title only. Mr. Arahie moved to adOpt Ord. ~72-2 on 2nd and final reading, seconded by Mrs. Jackson. Motion carried 4-0. Mr. Blanchette abstained. O~di. nance Ne. 72-5 - Re restricting u. se of water - Ist Re~. ding Mrs. Padgett read Ordinanne No. 72-5 in its entirety. Mrs. Jackson moved to pass Ord. ~72-5 on 1st reading, seconded by Mr. Roberts. Motion car- ried 5-0. Resolution No. 72-B - Supporting legislation t~ allow County tax assessing and col~!ecting on a voluntary basis~ and to pr. ese__rve municipal cour4is Mrs. Pa,~gett read Resolution No. 72-B. Mss. Jackson moved to adopt Reso- lution ~72-B~ seoonded by Mr. Archie. Motion camried 5-0. Mrs. Jackson stat.ed that the Legislature will take up Municipal Courts this week~ and made a motion to send telegrams to our Legislative Delega- tion and Riehaz~ Pettigr%~v, Speaker o~ the House~ so that they will have this immediate!yl seconded by Mr. Arehie. Motion carried 5-0. Legal advice with regard to claims arising from purchase of cast iron p%,~e and fitting..s ....... The City still does purchase fx~m some of ~he companies name~ a~ ~he city ~ttorney ~ecommends that the City Council request to he excluded ~rem the pending lawsuit in H. S. District Court. Mr. Archie moved that the City be excluded from the suit, seconded by Mr. Roberts. Motion carried 5-0. Final Judgment - Az~hdioeese suit Mayor Effron reported that a memo f~om the City Attorney states that there has been ~inal judgment rendered regarding the suit of the Archdiocese Of Miami. The City has lost the suit~ and the Court has o~der~d Stuart Fuller to issue the building permit. There will be a revisw of this judgment on Pebruary26th by Judge Knott. The question now is~ does the City wish to appeal? The Mayor stated that the reasons for turning down the suit are not de- fined in this final judgment. Regardless of the decision, the Mayor per- sonally requests a clar/fication from the Court on this matter. --4-- MINUTES RF~ULAR C~T¥ COUNCIL MEETING FEBRU~L~Y 1, 1972 Final Judgment - Archdiocese su~t: eontd. Mrs. Jackson moved that we ask for clarification and an appeal, seconded by Mr. Eobez*cs. Motion carried 4-1. Mr. Arabic voted ~no'~ he is in favor of the clarification but not the appeal. The City has received a writ of mandamus in connection with Jacques Atlantic Station. Mr. Ar~hie moved to have the City Attorney defen~ the suit~ seconded Mr. Blanehette. Motion carried 5-0. RECESS OLD BUSI~ESS Possible Charter Changes (Mrs. Jackson) Mrs. Jackson read the attaohed proposal fo~ recall proeedume~ which is a combination of procedures from various cities· Mrs. Jackson moved to have this recall procedure put before a referendum vote the lst Tuesday in April, seconded by Mm. Roberts· Mr. Archie also suggested that since people would be going door to door to vet people to sign t e petitzon: this should also be allowed to get the vote. Mr. Arehie then stated that since Counei! did not know this was coming up~ he moved to table this until the neXt regular meeting, seconded by Mr. Effron. Mr. Effron also had a question on the procedure~ and would like to have the City ~tto~ney go over it. Mrs. Jaekson stated that the reason for this at this time~ is to save on transportation of the machines. ~otion carried 3-2. Mrs. Jackson and Mr. Roberts voted ~__equest of R. B. Vastine (Mrs. Jackson) Mrs. Jackson stated that people want to know what the situation is with the Przybys P~operty. Ray Allen has stated that the City has liability coverage on the property. He also suggests a hold hal~nless agreement. Mrs. Jackson suggested that the City get a Xerox copy of the fire insur- ance~ and make sure that the whole building is covered: not just the furni- ture. The school is next door~ and it could be dangerous to the children. Mrs. Padgett stated there is a separate clause in the deed of the school to cover this. Mr. Artz stated that according to Mr. Allen all new property is covered by the liability policy, the City would have to mndlcat~ what property we have at the time the policy is renewed next year. M]2~dTES REGULAR CITY COUNCIL MEETING FEBRUARY i, 1972 Request of Mr. Vas~ine_2 Mrs. Jackson Feels the City should have a copy of their insu~anee~ so that the City is not held responsible. It was suggested that this be handled administratively, and let Mr. Allen know our intentions for thisbu"''~&Gl~g.' It was also suggested that Mrs. Przyby be asked for a certificate of insurance. Mr. Roberts wanted to know if the owners weme living in this building at the time of the transfer. The Mayo~ explained that the ~wners' asking price was $26,000, i$ was ap- praised at $22:000: the City got the prope~jy for $20~000, giving them the riqht to use the property for two years. It was asked if the City pays taxes to the County. M~. Arehie stated he always thought that one governmental body would not tax another governmental body. If we own this piece of p~operty as the City of Boynton Beach, then the County should not tax us. Mrs. Padgett stated it is her understanding that if it is not used for municipal purposes it is taxed. She will check into this. Mr. Archie further clarified that the City offered two years~ use of the building in order to bring the price down. Appoint Charter Revision Committee Each member of Council was requested to b~ing a name for appointment to the committee. Mayor Effro~ Mrs. Jackson Mr. Archie Mr. Bianchette Mr. Roberts Robert B. Reed~ Jr., Attorney at Law Paul Startzman Franklin B. Rogger Martin R. Durkfn Mrs. Padgett will also ser~e: ex officio, on the committee. Also, Mrs. Edythe Hood~ who has served on the Election Board for yea~s, has offered to ser~e on the committee. The five members will select two more members. Mr. Roberts suggested that the entire Charter be studied. Mr. Archie stated that this Committee is only for the one purpose - voting precincts~ election procedure and possible recall procedure. Another committee will be appointed for the revision of the entire Charter. Engineer's recommendation - Parcels re 1-95 R/~ Mrs. Padgett reoommended this be tabled for leqal study. -6- MI_NU~ES REGULAR CITY COUNCIL MEETING FEBI~UARY i, 1972 Engine. errs recommendation- .Parcels re 1-95 t~/W, cont:d. Mr. Archie moved to table the item~ seconded by Mrs. Jackson. Motion carried 5-0. h~W B ~USINESS Request Of Ward Sturges - Re ?rainage Mayor Effron asked MK. Sturges if this was a private matter or a City matter? Yre. Stumges answered ~a combination of both'~. Mr. Sturges then explained his situation, with a 204 by 20: hole in back of his !ot~ 16~ off his property line, This hole has overflowed and caused flooding t~.~ice in the short time he has lived there. It is a very objectionable thing to look at~ and is a serious problem. He requests the City to do something about it. Council explained that this is a private enterprise and the City cannot spend taxpayersr money on private streets. Mayor Effron explained that money is being placed in the budget each year and we have to take care of drainage on a priority basis. The Mayor then asked the City Engineer if the saner hat he stated was in the pipe was removed would it help the drainage? The City Engineer stated that it would help some. He further stated that in his opir~on the most significant p~oblem is the esthetic appearance in Mr. Sturgesr backyard. He endeavored to explain the matter. A catch basin could be installed for $750~ which would solve the problem but it would have to be determined who would pay. Mr. Sturges stated that the City had =o give approval for this to be done, therefore the City is partly at fault~ and the City has the responsibility of doing it properly. M~. Vastine stated that this was done without Mr. Co!linsr pezmission. The records definitely show that this was done on a t~mporary basis~ He felt the City does have s~me responsibility for allowing this to happen. There was ~urther discussion. Mr. Arehie moved this be taken under advisement, seconded by Mr. Blan- chette. Motion carried 5-0. Receipt oi Final Plat - Boynton Industrial Pamk~ Addition Everything is in order~ and the ordinance is prepared. Mrs. Padgett read Ordinance No. 72-4. ~r. Arabic moved that Ordinance No. 7~-4 be passed from 1st to 2nd readmng; seconded by Mr. Blanchette. Motion carried 5-0. -7- MII~UTES REGULAR CiTY COUNCIL R~ETING FEBt~ARY 1~ 1972 NEW BUS1-NESS, cont'd. Receipt o£ 1970-71 Audit Report It was clarified that the $82:000 taken out of surplus for the Police Complex does include the purchase of all the properties the City acquired. Mr. Artz stated that he requested a conference with ~Lv. Hawkins, but this was not done. Fm. krehie moved to receive the 1970-71 Audit Report, seconded by Mr. Blanehette. Motion carried 5-0. Mrs. Jad~son suggested Mr. Hawkins have the conference with Mr. Artz. ADMINISTRAT Requests for Annexation Sam Tick Mayor Ef£ron stated that he thi~s the best way to handle utilities is to offer to provide the utilities~ with the developer to pay the cost and then deed the pipes~ etc. back to the City. Then the Council would consider annexation. Mr. Archie agreed with the Mayor: and also suggested an ordinance to 1.25% on ~tilities outside the municipality. Then if Council decides to annex the area~ it would be dropped dov~ to the regular rate. Attorney Daniel Jones represented Mr. Ti~. He stated that they have been working with the City regarding annexation. This property is in the developmental area of Boynton Beach. He further stated they are wiil~.ng to d~ed the pipes and anything else that is necessary to obtain service. Mr. Jones axp!ained that it is a one story villa type development that would be an asset to the City. Mr. A~ch~e explained that Council should not annex any land immediately because of the Proposed Zoning Map that will be adopted in a short time. The present zoning might not be the same as the proposed zoning. It was brought out that this property was once in the City and it was de-annexed. Mr. Tick doe~ own the property now, and wants to come ba~ into the City. Mr. Largent stated that the plans are in preliminary stages, and Council will be given an opportunity to review the plans. Mr. Archie moved that Council go over this fully and review ~nne×ation~ seconded by Mrs. Jackson. Motion c~ried 5-0. -8- MINUTES REGULAR CITY COIhNCiL MEETI/~G FEBRIULRY ID 1972 ~equests ~o~ Annexation~ oonttd. (2) M~. Stewart B. Iglehart Mr. Fronrath and Mm. Duffy ~epresented M~. I91ehart. They explained that they want to get the feelings of Council as to furnishing utilities and annexation. They stated that Briny B~eezes would be interested in parti- cipating in our sewer system. The developer will pay all costs to bring the system over to the property. The area was discussed briefly. Mr. Archie moved to go ove~ this fully and review anney~tion, seconded by Mr. I~obez~ts. Motion carried 5-0. ~equest to purchase water meters The PurchasingAqent requests to purchase small amount of meters on an emez~ency basis until the ~_nual bid. Mm. Archie moved to allow purchase from Neptune M~ter Co. - !00 5/4~ and 2~ i/4~ meters~ seconded byMr. Bianchette. Motion ca,Tied 5-0. Request of Purchasing Agent to Advertise_ for Annual Bids Mr. Archie moved that the request be granted for annual bids, seconded by ~. Blanchette. Motion carried 5-0. Request of Civil Se. rvic. e Board to amend Civil Sezvi_ce Rules g Reuulations It was recommended that No. 2 be eliminated and a separate policy be drawn up for non-classified ~mployees. The requested changes would have to be done by resolution. Mrs. Ja~son moved to have the resolution drawn up and omit item No. 2~ seconded by Mr. Roberts. Motion carried 5-0. Request Certificate of Zoning ApproMal-Bee~ g Wine~. 255 S. E..25~ Ave~ Mrs. Padgett stated that according to the Building Department they do meet the required zone. Mr. Arehie moved that the request be granted, seconded by l~s. Jackson. Motion carried 5-0. Application for Permit to Solicit American I~gion Auxi~liary ~!64 - to sell Poppies, and requesting a Pro- clam~tion proc!aiming February 18-19~ 1972 as POPPY DAYS in the City of Boynton Beach. Pit. Archie moved the request be g~anted: seconded by M~s. Jameson. Motion carried 5-0. --9-- MIi~dTES REGULAR CITY COUi~CIL P~ET/NG FEBPJdA~Y 1~ i972 American Legion Au"~m!zar~ 9164 -Permit to Solicits cont~d A Proclamation was prepared for the i,~yor~s signature declaring February 18-19, 1972 POPPY DAYS in the City of Boynton Beach. Mr. Arehie moved that the Proclamation be approved, seconded by Mr. Blan- chette. Motion ca,tied 5-0. Rid Litte~ Day fo~ .!97_~2 Mrs. Jackson reported that on May 25~ 1970 20~000 pounds of litter was collected in 5 hours. Last year 755 people participated, and 15,000 pounds of litter was collected. She was contacted by the Jr. Women's Club~ people are anxious to do this again. Mrs. Jackson requested to have a P~id Litter Day on the 3rd Saturday in April from 9:00 to 12:00. Mr. B!anchette moved that ~Rid Litter Day~ be on the 3rd Saturday in April from 9 to 12~ w~lth Mrs. Ja~son as Chairman, seconded by Mr. A~e. Motion carried 5-0. Any donations will be used to buy certificates, make cheeks payable to the City of Boynton Beach. Resolution Proposed by County Municipal League re Septic Tard~s(Mrs.. Ja_el%so_r Mrs. Jackson is going to the County Municipal League meeting. This is on the Agenda, and wit!be voted on at the meeting. She would lfdce to know which way Council would like to go on this. The Health Department would like to relax the position on septic tanks. Mr. Roberts moved to go along with the resolution, seconded by Mr. Archi~. Motion carried 5-0. Need of traffic signal at intersaction~ Ocean Aye... & 4th S.t..(Mr. Ar~eh~.'e) Mr. Archie stated that a traffic light is needed at Ocean Ave. and 4th St. He checked with the Police Dept., and last year there were 7 accidents, 2 people fnjured~ 14 cars involved. He checked ~ith Mr. Hopkins~ and it would cost $4,800 to install traffic signal with trip lever on north-south route. Mr. Arabic moved that this signal be installed as quickly as possible with funds from unappropriated surptus~ seconded by Mr. Blanehette. Mo- tion carried 5-0. Mrs. Jackson suggested a left turn arrow at the signal at S. !5th Avenue and Seaerest Blvd. It was stated that there would have to be more lanes in the street to ac- commodate the -lC- ~dTES REGULAR ~ETiNG CITY COUi~CiL FEBRUARY ID 1972 Tra£fic Signal: Intersection Ocean Ave, & 4th St.: conrad. M~r. Hopkins stated that the signal at Ocean and 4th St. would necessi- tate going out for bid. MK. Archie moved to go out for bid for the signal~ seconded by M~. B!anchette. Motion carried 5-0. Clarification on Budget Figures There was an increase For non-classified employees in the budget figures. There is some question as to when this increase would be effective. Mayor Effron stated that what held this up was the President's Wage Freeze. The increase would be effective as of the end of the freeze~ with no retroactive pay. Approval o~ Bills Sun Wah - $1:400.00 Mr. Artz requested this bill be tabled due to a question on the agreement Mr. Archie moved to table the bill of Sun Wah, seconded by Mrs. Jackson. Motion carried 5-0. Palm Beach Dodge $ 5,507.$l Hemminger 11, 567.00 H, F. Mason 14,604, 00 Mr. Arahie moved to pay the bills to Palm Beach Dodge~ Hemminger and H. F. Mason, seconded by Mrs. Jackson. Motion carried 5-0. Jacks Concrete $ 995 There was a question on this bill and Mr. Hopkins explained what hap- pened, Mr. Archie moved to pay the bill to Jacks Concrete in the amount of $995~ seconded by Mrs. Jackson. Mayor Effron wants to look further into this hill. Motion carried 5-0. Kusse!l & Axon Sewer Extension $ 4~273.82 Li~t Station & Force Main ~18 799.00 1-95 at N. W. 2nd Ave. less Administrative Cha~x3e t73,75 Misc. Engineering and Confen~ences~ less Administrative C~arge 595.10 Mr. Archie moved to Pana~ the bills to Eussell & A×on~ except the bill that was not doeumented~ deduct the seeretar±al servlces~ seconded by Mrs. Jacks®n. Motion carried 5-0. REGTdL~/~ CITY COTJNCIL MEETING PEBRUJi~Y i~ 1972 OTHER Purging Voters Mrs. Padgett submitted to Council a list of Voters who a~e to be purged in accordance with See. 8-3 of the Code. I~ th~are any names Council is aware of~ any assistance would be appreemated. The llst will be posted downstairs on the Board. Mrs. Jackson moved that the list o3 Purged Voters be accepted~ seconded by Mm. Arable. Motion carried 5-0. Signal at Ocean Avenue Largent stated that the light that was approved for Ocean Avenue cause a problem with cars stopping onthe railroad tracks. Mr. Arehie stated that this will be taken care of by a sign ~Stop Here On Red Lightw. ADVENT Meeting adjourned a~ !0:25 P. M. C Attest: City Clerk' ~.~Y OF BOYt~ON BEACH~ FLQRLDA Any member of the City Council may be removed from office by the electors of the City of Boynton Beach. The procedure shall be: (a) The petition shed_i state the reason for reeallo (b) The City Clerk or her deputy shall approve the form of the petition. (¢) Each petition should have printed on the bottom of each page an affi~vit which certifies to tho City Clerk or her deputy that the person submitting the petition is responsible for the signa- tures he or she ham gathered on the petition, and testify to its authentieltyo (d) The persons circulating petitions must obtain signatures of electors of the City in n~bers equal to 25% (twenty~five per cent) of the number of votes east at the previous General Election. (e) The sig~ed petition shall be filed with, canvassed aud certified by tho City Clerk or her deputy within 21 (twenty-one) days. (f) T~ne City Council must provide for a recall election not less than thirty days (30) nor more than forty-five (45) days after certifi- cation of petitions~ (g) The question of recall shall be placed on the ballott in a manuer that will give the elector a clear choice for or a~ains~ the reeall~ The result shall be determined by a majority vote of electors voting on the Question. (h) If a majority is against recall the officer shall continue in office under terms of his previous election. If a majority is for the recall he shall, regardless of any defect in the recall petition~ be deemed removed from office immediately° (i) No recall petition against such an officer shall be certified within six (6) months after he t~kes office. -2- .When such office is declared vacaut~ it shall be the duty of the remaining members of the council mt the next regular meeting or as so~n thereafter a~ possible to select a duly qualified citizen to fill said vacancy until the nexm general election~ If a majority of said remai~ing Council ~re unable to agree upon the selection of m Council member to fill said v~cancy after two regular meetings have been held, the City Council shall c~ll a speciaJL election for that purpose.