Res 01-12RESOLUTION NO. 01 -12
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CALLING FOR A NONPARTISAN
ELECTION AND A SPECIAL ELECTION TO BE HELD ON TUESDAY,
MARCH 13, 2012; AND A SECOND NONPARTISAN ELECTION, IF
NECESSARY, TUESDAY, MARCH 27,2012; ALL ELECTIONS SHALL BE
HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY
BETWEEN THE HOURS OF 7:00 AM UNTIL 7:00 PM; THE
NONPARTISAN ELECTION SHALL PROVIDE FOR THE ELECTION
OF TWO CITY COMMISSIONERS AND THE SPECIAL ELECTION
SHALL PROVIDE FOR A REFERENDUM ON THE CHARTER
CHANGE PRESENTED IN ORDINANCE NO. 44 -11; PROVIDING THE
TIME, MANNER AND MEANS OF HOLDING SAID ELECTIONS,
PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, provide for
Nonpartisan Elections to be held on the second Tuesday in March of each year for the electorate to fill the
vacant offices at such time; and
WHEREAS, if two or more candidates tie for the highest number of votes from all electors casting
ballots for that seat for Commissioner or Mayor, then these candidates shall be declared candidates for a
second nonpartisan election to be held on Tuesday, March 27, 2012; and
WHEREAS, in the year 2012, two (2) offices in the City of Delray Beach are necessary to be filled at
the Nonpartisan Election; and
WHEREAS, the City Commission directs that the Nonpartisan Election be held on Tuesday, March
13, 2012; and
WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, provide for Special
Elections;
WHEREAS, Ordinance No. 44 -11 amends the City Charter by modifying the length of a term and the
number of terms a Mayor or Commissioner may serve; and
WHEREAS, the City of Delray Beach desires to call for a special election on the Charter amendment
matter; and
WHEREAS, the City Commission of the City of Delray Beach directs that the special election on the
Charter change proposed in Ordinance No. 44 -11 be held on Tuesday, March 13, 2012; and
WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a
Nonpartisan Election and a Special Election, and if necessary, a Second Nonpartisan election, and to provide
all notices required in accordance with Article V, "Elections" of the Charter of the City of Delray Beach,
Chapter 34, "Elections ", and General Law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully
set forth herein.
Section 2. That the City Commission authorizes the holding of a Special Election on the Charter
change presented in Ordinance No. 44 -11.
Section 3. That the Nonpartisan Election and the Special Election shall be held and are hereby
ordered to be held in the City of Delray Beach, Palm Beach County, Florida between the hours of 7:00 am and
7:00 pm on the 13th day of March, 2012 for the purpose of electing qualified candidates as provided by law to
fill two Commission seats and to determine the outcome of the Charter change proposed in Ordinance No.
44 -11.
Section 4. The City Clerk is authorized to enter into agreements to establish polling locations for
the March 13, 2012 Nonpartisan Election and Special Election; and the March 27, 2012 Second Nonpartisan
Election, if necessary, and is further authorized to designate polling locations within the municipal boundaries
in accordance with applicable laws and state guidelines.
Section 5. The City Clerk is hereby authorized to assign sufficient poll workers to facilitate all the
precincts within the municipal boundaries; schedule training for poll workers and to establish a pay scale
applicable to the duties and responsibilities of the election staff.
Section 6. The Palm Beach County Supervisor of Elections shall provide for use of the voting
equipment and process absentee ballots for said elections and is hereby authorized to provide the necessary
training to the poll workers as approved by the City Clerk.
Section 7. Immediately after closing of the polls on the day of said elections, the clerks of each
precinct shall present the returns thereof to the City Clerk at City Hall. The City Clerk of the City of Delray
Beach shall deliver to the Palm Beach County Supervisor of Elections returns for official results to be
processed.
Section 8. That the City Commission hereby authorizes the City Clerk to provide all notices and to
take all steps necessary to hold the Nonpartisan Election and Special Election as hereby provided.
Section 9. That the City Commission shall convene not later than three (3) days after such election
and shall canvass the returns and, in the absence of a declaration of a contest by any of the candidates in such
election, shall declare the results of the election as shown by the returns made by the Supervisor of Elections.
2 RES. NO. 01-12
Section 10. That the City Clerk, no later than noon the second day thereafter, shall furnish a
certificate of election to each person shown to be elected.
Section 11. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this 3rd day of January, 2012.
ATTEST:
City Clerk
MAYOR
�1I
RES. NO. 01 -12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: December 28, 2011
SUBJECT: AGENDA ITEM 8.A. - REGULAR COMMISSION MEETING OF JANUARY 3.2012
RESOLUTION NO. 01-12
Page 1 of 1
ITEM BEFORE COMMISSION
This is before the City Commission to approve Resolution No. 01 -12 regarding the -First Nonpartisan
and Special Election to be held on March 13, 2012.
BACKGROUND
On November 15, 2011, Commission approved the Vote Processing Equipment Use and Elections
Services Agreement with Ms. Susan Bucher, Palm Beach County Supervisor of Elections, for
conducting municipal elections. Resolution No. 01 -12 provides the process for conducting the municpal
and special election (referendum) to be held on March 13, 2012.
RECOMMENDATION
Recommend approval of Resolution No. 01 -12 regarding the March 13, 2012, First Non - Partisan and
Special Election.
http: // agendas. mydelraybeach .com /Bluesheet.aspx ?ItemID= 5259 &MeetingID =340 1/3/2012
RESOLUTION NO. 01-12
A RESOLUTION OF THE CITY COMNIISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CALLING FOR A NONPARTISAN
ELECTION AND A SPECIAL ELECTION TO BE HELD ON TUESDAY,
MARCH 13, 2012; AND A SECOND NONPARTISAN ELECTION, IF
NECESSARY, TUESDAY, MARCH 27,2012; ALL ELECTIONS SHALL BE
HELD WITHIN THE MUNICIPAL BOUNDARIES OF THE CITY
BETWEEN THE HOURS OF 7:00 AM UNTIL 7:00 PM; THE
NONPARTISAN ELECTION SHALL PROVIDE FOR THE ELECTION
OF TWO CITY COTVMSSIONERS AND THE SPECIAL ELECTION
SHALL PROVIDE FOR A REFERENDUM ON THE CHARTER
CHANGE PRESENTED IN ORDINANCE NO. 44 -11; PROVIDING THE
TIME, MANNER AND MEANS OF HOLDING SAID ELECTIONS,
PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, provide for
Nonpartisan Elections to be held on the second Tuesday in March of each year for the electorate to fill the
vacant offices at such time, and
WHEREAS, if two or more candidates tie for the highest number of votes from all electors casting
ballots for that seat for Commissioner or Mayor, then these candidates shall be declared candidates for a
second nonpartisan election to be held on Tuesday, March 27, 2012; and
WHEREAS, in the year 2012, two (2) offices in the City of Delray Beach are necessary to be filled at
the Nonpartisan E lection; and
WHEREAS, the City Commission directs that the Nonpartisan Election be held on Tuesday, March
13, 2012; and
WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, provide for Special
Elections;
WHEREAS, Ordinance No. 44 -11 amends the City Charter by modifying the length of a term and the
number of terms a Mayor or Commissioner may serve, and
WHEREAS, the City of Delray Beach desires to call for a special election on the Charter amendment
matter; and
WHEREAS, the City Commission of the City of Delray Beach directs that the special election on the
Charter change proposed in Ordinance No. 4411 be held on Tuesday, March 13, 2012; and
WHEREAS, the City Commission directs the City Clerk to take all steps necessary to hold a
Nonpartisan Election and a Special Election, and if necessary, a Second Nonpartisan election, and to provide
all notices required in accordance with Article V, "Elections" of the Charter of the City of Delray Beach,
Chapter 34, "Elections ", and General Law.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the City Commission incorporates the "Whereas" clauses set forth above as if fully
set forth herein
Section 2. That the City Commission authorizes the holding of a Special Election on the Charter
change presented in Ordinance No. 44-11.
Section 3. That the Nonpartisan Election and the Special Election shall be held and are hereby
ordered to be held in the City of Delray Beach, Palm Beach County, Florida between the hours of 7:00 am and
7:00 pm on the 13f day of March, 2012 for the purpose of electing qualified candidates as provided by law to
fill two Commission seats and to detemnine the outcome of the Charter change proposed in Ordinance No.
44-11.
Section 4. The City Clerk is authorized to enter into agreements to establish polling locations for
the March 13, 2012 Nonpartisan Election and Special Election; and the March 27, 2012 Second Nonpartisan
Election, if necessary, and is further authorized to designate polling locations within the municipal boundaries
in accordance with applicable laws and state guidelines.
Section 5. The City Clerk is hereby authorized to assign sufficient poll workers to facilitate all the
precincts within the municipal boundaries, schedule training for poll workers and to establish a pay scale
applicable to the duties and responsibilities of the election staff.
Section 6. The Palm Beach County Supervisor of Elections shall provide for use of the voting
equipment and process absentee ballots for said elections and is hereby authorized to provide the necessary
training to the poll workers as approved by the City Clerk
Section 7. Imnliately after closing of the polls on the day of said elections, the clerks of each
precinct shall present the retu rris thereof to the City Clerk at City Hall. The City Clerk of the City of Delray
Beach shall deliver to the Palm Beach County Supervisor of Elections returns for official results to be
processed
Section 8. That the City Commission hereby authorizes the City Clerk to provide all notices and to
take all steps necessary to hold the Nonpartisan Election and Special Election as hereby provided
Section 9. That the City Commission shall convene not later than three (3) days after such election
and shall canvass the returns and, in the absence of a declaration of a contest by any of the candidates in such
election, shall declare the results of the election as shown by the returns made by the Supervisor of Elections.
Section 10. That the City Clerk, no later than noon the second day thereafter, shall furnish a
certificate of election to each person shown to be elected
Section 11. That this resolution shall become effective immediately upon passage.
PASSED AND ADOPTED this day of , 2012.
ATTEST:
City Clerk
MAYOR
RES. NO. 01-12