Loading...
Minutes 03-23-27SPECIAL MEETING OF MARCH 23rd, 1927 417 A Special Meeting of the Board of Commissioners of the Town of Boynton, was held at the Town Hall of the ~Town of Boynton, Florida, on Wednesday Morning, March 2Zrd, 1927, A. D. ~, at 10:30 A. M. Present: H. 0. byers, Mayor Harry Bens on,Vice-hayer E. L. ¥,inchester,Town Clerk The. above constituting the entire Board of Commissioners of th~ Town 'of Boynton, Florida. The following communication was received from the Town Attorney, ~. F. Finch and read: ~. ~. 0. Myers, ~ayor, ioynton, Florida. { "Lake Worth, Florida. March 22, 1927. ~ar Si r: Pursuant to your request, I am giving you herewith ~ opinion on the validity c~ the ordinance pertaining to re- tstration and voters in the Town of Boynton. An ordinance, whic~ was prepared by me, was passed few weeks ago by the Town Commission of Boynton, prescr~i~g ~e qualifications of electors of the saia town. Among the iovisions thereof was a certain section, the number of which ,do not recall at this time, providing that, in or, er for ~erson to be a qualifie~ elector in the town, he must have .d his poll taxes for the two years next preceding the year which the election is hel~, and that such poll tax must be ~d at least fifteen days before the election. Subsequent to that Cate, our firm preparea and ora- nce repealing the section of the former ordinance making payment of poll taxes a prerequisite to qualification as ~oter. The repealing ordinance was prepared to be passed ~an emergency ordinance. As I understand yomr request, ~ desire s~.~ opinion from me as to the validity of the re- - ing ordinance which was passed as an .emergency measure. Sh this f~ct clearly in mind, you are advised as follows: 1. Section 1 of Article VI of the charter of the town provides, among other things, as follows: 418 Iprovides "Except in case of a grave emergence therein de- clared, each ordinance shall be introduced ~d -read in full at a regular meeting or at a ape-. cial meeting called for that pu~pose~and shall not 'be adopted until a regular meeti~g~heXd at least ten days th~Feafter, when it shall ~e ~ead in full. and may be amended, or modifie-d~:and passed.~ The last paragraph of said section l, Article as follows- "Ordinances making a tax levy or ap ordinances for the ~edlate p~ese~va~~~e public peace., health or safety, which.:~~a statement of the ttrgency of such o~di be passed, at the meeting at which troduced, and shall become effectiv® ~dia~ely, if so provided therein." It is to be observed, from a careful reading of the quoted provisions, that all ordinances, except emergency ~lnances, 'shall"~e introduced and read in full at/a regular ~eting or at a special meeting called for that purpose and ~all not be adopted until a regular meeting held at least Sen days thereafter, when it should be read in full; and 'that ?nly ordinances making a tax levy or appropriation, or in ~pect to a parking or paving district, and ordinances for the ~mmnediate.'preservation of the public peace, health or safety rbe passed at the meeting ~at which they axe introduced. ~.i! The repealing ordinance in question is not an ~nce making a tax levy or appropriation, does not. regar~ a ~king or ~ ving dis~rict, ia not an ordinance for the ~ ~ate preservation of the public peace, health or safety; an~ heOt be passed as an emergency measure unless there is some _ r 'provision of law making the passage of such ordinance sible. 2. Section 1 of Article XI of the charter, provides, part, as follows: "No ordinance passed by the Commissio$ shall go into effect before ten days from the%ime of it~ final passage, except ordinances making tax levy or appropriation, or in respect of a par~ing or paving district, and excepting also any ordiqance for the immediste preservation of the public peace, health or safety, which contains a statement of it urgence." It will be notlceC that the above quoted provision what ordina~ees~Shall go ~nto effect immediately upon their passage; and that such ordinances are indentically the same as the ordinances which may be passed as emergency measures under the PrOvisions of the charter quoted from in paragraph I hereof. 419 The charter of the town is an act of the Legislatu~e. The Town Commission do not have an~ authority, except such as is conferred upon them by the charter. Since the charter does not authorize ~he Town Commission to pass an ordinance Pertaining to elections as an emergenc~ measure; and since the repealing erdinance in question was passea as an emergenc~ msasure aha was not passed in accordance with the provision of Section 1, Article VI first quoted from in paragraph 1 hereof, it is m~ opinion that the repealing ordinance is invalid. ~ I might ada further that, at the time I was instruc~ed ~ o prepare 'the repealing ordinance, I had serious ~oubts as to ~hether or not such measure could be passed under the emergency ,provision of the charter; bu~ ~ d not go into the matte~ full~ at that time and did not, therefore, express an opinion as to the legality of such ordinance. Since ~ou~ ~equest fo~ a - w~itten opinion, I have examined the aUthorities ca~full~; after such examination, have reached the conclusion as herein expressed. ' Respectfully submitted. _ ~. F. Finch" (Signed) Town Attorney. -- Commissioner Roy 0. Eyers moved the adoption of the ~ollowing kesolution. WHEkEAS, heretofore and on the 16th day of ~arch ~D. 19~7, the Town Co~mission of the Town of Boynton, ~alm ch County, Florida did pass and adopt an emergency erdi- ~ce entitled: [, "~RDINAR~CE #SZ, AN. ORDINANCE REPEALING SECTION 7 OF ThAT CE}~TAIN ORDINANCE ENTITLED: 'AN ORDINANCE AEEI,.~DiNG 0RDINA~,iCE #17'WNRIRLWS ''REGISTRA- TIOE A~D ELECTIONS OF THE T0~N G~ BOYNTON, PAIR,~i BE-ACH COUNTY,FLORIDA, ,, . ~,qTEREAS, W. F. Finch, Town Attorney, has advised ,that since the Charter doe~ not authorize"the Town mission to pass an ordinance pertaining to elections mn emergency measure; and since the repealing ordinance 420 known as Ordinance #83, was passed as an emergency measure and was not passed in accordance with the Provision of Section l, Article VI .of Charter of the Town of Boynton. NOW, THEREFORE BE IT RESOLVED by tt~e.~Town CommiSsion of the Town of Boynton, Flozl da, that Ordinance ~85, "An Or- dinance repealing Section ? of that certsi n Ordinance entitled: ~ ~"An Or6inance amending Ordinance ~lV entit~led and E~ections of the Town of Boynton, Palm Beach Oounty,Florl~a Be and the same is hereby recinded. The following resolution was int~.~l~.~imsloner ~inchester, seconded by Commissioner Benson and duly carried. WHEHE~, the Hank of Boynton holds a note of '~e ,of Boynton amounting to $1,465.11 which sum covers accrued ~terest from November 5th, 1925 to February 9th, 1927 at 8% ~terest on note covered by Engineer's Estimates on Ocean Ave £mproveme~t which wss done by Contractor Tomasello, said-note .~;ing paid by Town of Boynton on February gth, lgYV and, WHEREAS, there are sufficient funds on deposit in Bank of Boynton to meet this obligation; THEREF'(I~E BE IT KE~OL~ that the Clerk be and ~ is hereby authorized and insSrmcted to issue Checks pay- ~le to the Bank of Boynton on the Interest & Sinking Fund the Town of BSynton for the sum ~f $1,465.11 covering said L'te and also issue check on Interest & Sinking Fund made ~yable to Bank of Boynton for the sum of $14.02 covering lerest on said note. There b~ing no further business the meeting.' adJoux-med.