HomeMy WebLinkAbout12-15-1977 Special MeetingMICROFILMED 4 -24 -80
SPECIAL MEETING
CITY COUNCIL
DECEMBER 15, 1977
A SPECIAL MEETING OF THE CITY COUNCIL OF THE CITY
OF CAPE CANAVERAL WAS HELD ON DECEMBER 15, 1971 AT CITY HALL,
105 POLK AVENUE, CAPE CANAVERAL, FLORIDA.
THE MEETING WAS CALLED TO ORDER BY MAYOR ANN H.
THURM AT 5 :43 P.M.
THE ROLL WAS CALLED BY THE CITY CLERK. OFFICIALS
PRESENT WERE: MAYOR ANN H. THURM, COUNCIL MEMBERS J.L.
i'LURPHY AND M.A. RIGERMAN; ATTORNEY JAMES S. THERIAC, CITY
CLERK ANITA J. OSTROM. SGT. AT ARMS VIRGIL FITCH.
MRS. THURM INTRODUCED-SHERIFF 4TMMERMAN, ATTORNEY
JOSEPH MOSS, LT. BARRINGER, MR. MAYFIELD AND VERNON WEEKLY
IN THE AUDIENCE.
ITEM 1. APPROVAL' OF' AMENDMENTS' TO' POLI'CE CONTRACT
WITH SHERIFF'S DEPARTMENT
w
ATTORNEY THERIAC REVIEWED THE CHANGES IN THE CONTRACT
WITH COUNCIL. A DISCUSSION'FOLLOWED. REGARDING,NORMAL ROUTINE
MAINTENANCE AND DEFECTS OR MAJOR REPAIRS ON THE POLICE DEPARTMENT
FACILITY AND THE CONTINGENCY FUND AMOUNT OF $30,000.
ATTORNEY THERIAC REQUESTED ATTORNEY MOSS EXPLAIN
TO COUNCIL THE DIFFERENT ASPECTS OF THE SERVICE AGREEMENT AND
THE INTERLOCAL AGREEMENT.
MR. MOSS EXPLAINED THAT THE INTERLOCAL AGREEMENT ACT
UNDER CHAPTER 163 PROVIDES THAT THE CITY HAD THE AUTHORITY BY
STATUTE TO TAKE TAX REVENUE FROM THE CITY AND GIVE IT TO ANOTHER
PUBLIC AGENCY TO PERFORM FUNCTIONS FOR THE CITY. THIS METHOD
COULD PRECLUDE A DISSIDENT TAXPAYER FILING A SUIT AGAINST THE
CITY AND THE SHERIFF FOR TAKING CAPE CANAVERAL TAXES AND GIVING
THEM TO THE SHERIFF FOR OPERATING LAW ENFORCEMENT FUNCTIONS.
THE SERVICE AGREEMENT APPROACH WOULD MEAN THAT YOU WOULD HAVE
TO RELY ON THE SHERIFF'S POWER UNDER CHAPTER 30 AND THE CITY'S
CHARTER AS TO THE AUTHORITY TO TAKE THAT MONEY. THE SERVICE
AGREEMENT IS LESS STRONG IN COURT. THEREFORE, MR. MOSS SUGGESTED
COUNCIL SIGN BOTH AGREEMENTS WITH THE UNDERSTANDING THAT IF
THE INTERLOCAL AGREEMENT IS APPROVED BY THE ATTORNEY GENERAL,
THE SERVICE AGREEMENT CAN BE DISCARDED AND THESE SERVICES CAN
OPERATE UNDER THE INTERLOCAL AGREEMENT.
MICROFILMED 4 -24 -80
MRS..THURM MOVED THAT COUNCIL ACCEPT THE AMENDMENTS
PROPOSED BY THE TWO CONTRACTS BEFORE THEM AT THIS MEETING BY
SIGNING THEM AND RETURNING THEM TO THE SHERIFF. MR. MURPHY
SECONDED MOTION. MOTION CARRIED UNANIMOUSLY
MRS. RIGERMAN MOVED TO ADJOURN AT 6:17 P.M. MAYOR
THURM SECONDED MOTION.
APPROVED THIS 20 DAY OF DECKER , 1977..
f
*TY CLERK )-
r
M.4Y'OR ANN H. TH RM
CITY COUNCIL
SPECIAL MEETING
12 -15 -77
PAGE 2 OF 2
3