Res 01-11F:ESfJLUTIC>N NO.01-11
A RESOLUTION OF THE CITY CQMMISSIC}N CAF THE CITY CtF
DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION
C>N A CHARTER CHANGE TC~ BE HELD CtN MARCH 8, 2011, TC-
PROVIDE FC>R A REFERENDUM C-N THE CHARTER CHANGE
PRESENTED IN ORDINANCE NO. 40-10; PROVIDING FOR THE
TIME, MANNER AND MEANS OF HOLDING SAID ELECTION,
PROVIDING A SAVING CLAUSE A]vD AN EFFECTNE DATE.
WHEII;EAS, Ordinance No. 40-10 amends the City Charter by extending the terms of the Mayor and
Commissioners from two years to three years and reducing the maximum number of consecutive terms the
Mayor and Commission Members may serve from three consecutive terms to two cansecutive terms; and
WHEREAS, the City of Delray Beach desires to call for a special election an the matter; and
WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a special
election and to provide all notices required in accordance with Article V, "Elections" of the Charter of the City
of Delray Beach and General Law; and
WHEREAS, the City Comnssion of the City of Delray Beach directs that the special election an the
Charter change proposed in Ordinance No. 40-10 be held on March S, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitals set forth above are incorporated as if fully set forth herein.
Section 2. That the City Commission authorizes the holding of a special election on the Charter
change to extend the terms for the Mayor and other Corrunissianers from two years to three years and to
reduce the maximum number of consecutive terms the Mayor and other Commissioners may serve from three
consecutive terms to two consecutive terms.
There shall be placed on the March $, 2011 election ballot the following question:
QUESTION
CHARTER AMENDMENT -LENGTH OF TERMS AND TERM LIMITS
CURRENTLY, THE COMMISSION MEMBERS (INCLUDING THE MAYOR) SERVE
TWO-YEAR TERMS, LIMITED TO THREE CONSECUTIVE TERMS {SIX YEARS).
THE CHARTER AMENDMENT PROPOSES THI1;.EE-~T:AR TERMS, LIMITED TO
TWO CONSECUTNE TERMS {SIX. YEARS). IF PASSED THIS AMENDMENT SHALL
-- APPLY TO THE COMMISSIONERS AND MAYOR ELECTED IN MARCH 2012 AND
THEREAFTER.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES {far appraval)
2011.
NO (against appraval}
Section 3. That the City Commission hereby sets the date of the election to be held an March $,
Section 4. That the City Commission hereby authorizes the City Clerk to provide all notices and to
take all steps necessary to hold the referendum as hereby provided.
Section 5. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 4th day of January, 2011.
MAYOR
ATTEST:
City Clerk
RES. NC}. 01-11
Coversheet
lY1EMO~;ANDi1M
TO: Mayor and City Commissioners
FROM: R, Brian Shutt, City Attorney
DATE: December 22, 2010
SUBJECT: AGENDA ITEM S C -REGULAR. COMMISSION MEETING OF JANUARY 4 2011
RESOLUTION NO, 01-I1
Page 1 of 1
ITEM BEFORE COMMISSION
Approval of Resolution 01-11 regarding the proposed charter amendment related to Cammission terms.
BACKGROUND
The Cammission, at its November 16, 2010 meeting, adopted Ordinance 40-10 proposing a charter
amendment increasing the length of a term of a CammissionerlMayor from 2 years to 3 years and
reducing the number of consecutive terms from 3 to 2 {where the maximum number of years one is able
to serve is not increased and is still 6}. In order to place this charter amendment on the ballot for the
March 2011 election the Cammission must approve this resolution calling far the special election.
RECOMMENDATION
Staff recommends approval of Resolution 01-11.
http:llitwebapplAgendaIntranetlBluesheet,aspx?ItemID=X078&MeetinglD-280 1 /5/2011
RESOLI;~TION NO.OI-11
A RESOLUTION OF THE CI'T'Y CY~NMSSION OF THE QTY OF
DELRAY BEAQ3, FLORIDA, CALLING FOR A SPEQAL ELECTION
ON A C~:[ARTER C;EIANGE TO BE HELD ON MARCH 8, 2011, TO
PROVIDE FOR A REFERENDUM ON T'HE CHARTER CHANGE
PRESENTED IN ORDINANCE NO, 40-10; PROVIDING FOR THE
TIR+IE, MAl~1N~R AND MEANS OF HOLDING SAID ELECTION,
PROVIDING A SAVING C;LAL!SE AND AN EFFECTIVE DATE.
V'~]~REAS, Ortfue No. 40-10 amends the City Charter by ext~~~ing' the terms of the Mayor and
C.an~rniss~oners from two years to tl~rne years and r~:ducing the maxirnucn number of consecutive temps the
Iviayor and Commission Members may serve from three consecutive temps to two consecutive temps; and
V'~~REAS, the City of Delray Beach desires to call for a special election on the matter; and
4'dHEREAS, the City Cornntis~s~on directs the City Clerk to take all s~~e, necessary to hold a special.
election and to provide all notices n~u+ed in accorclardce with Article V, "Elections" of the Garter of the City
of Delray Be:~h and General Law and
t~-II~REAS, the City Commission of the City of Delray Beach directs that the sl~~ial election on the
C1~arter clhange proposed in Ordinarue No. 40-10 be held on March 8, 2011.
NOW, THEREFORE, BE IT RESOLVED BY THE C[TY C'OMvIISSION OF T"I~ CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Lion 1, That the recitals set forth above are ir~orporated as if filly set forth hereon
Secfion 2. That the City Conm~ion autlwrizes tl~ holding of a sl~~ial election on the Charter
clhange to extend the terms for the Mayor and other C:ommissionecs from two yeazs to three years and to
ncluce the n~cis:cuzm number of consecutive terms the Mayor and other Comn~issioneis may serve from three
consecutive terms to two consc~:utive tenn5.
There shall be placed on the I1~Iar+ch 8, 2011 election ballot the following question
QUESTION
CHARTER A-1~~IENDMENT -- LENGTH OF TER1viS AND TERM LIMITS
CC:fItRENTLY, THE COA~vffSSION MEMBERS (INCLUDING THE MAYOR) SERVE
TWO-YEAR TEI~;MS, LIMITED TO TI-iREE CONSEC'UZ'iVE TERM (SIX YEARS).
THE GARTER AMENDMENT PROPOSES THREE-YEAR TERMS, LINItTED TO
TWO CONSECUTIVE TERMS (SIX YEARS). IF PASSED THIS AMENDMENT SHALL
APPLY TO T~ CYJMNIISSIONERS AND MAYOR ELECTED IN MARCH 2012 AND
THEREAFTER.
SHALL T'I~ CHARTER AMENDII~NT BE ADOPTED?
YES {for apprc~vai)
NQ (ay~~uctst approval)
Section 33. That the City Cor~n~r~ission ~y sets the date of the election to 17e held on March 8,
2411.
Section 4. That the City Commission hereby authorizes the City Clerk to provide all notices and to
take all steps necessary to hold the refer~enclum as hereby provided.
Section 5. That tlvs resoluhion ~~all become effective irr~rr~ediately upon passage,
PASSE D AND ADUPTE D this day of . 20 ,
ATTEST:
MAY{~R
CityQerk
ICES. NO.O1-i i