Res 02-13RESOLUTION NO. 02 -13
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 12, 2013; AND A SECOND NONPARTISAN ELECTION, IF
NECESSARY, TUESDAY, MARCH 26,2013; 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 A MAYOR AND TWO CITY COMMISSIONERS AND THE SPECIAL
ELECTION SHALL PROVIDE FOR A REFERENDUM ON THE
CHARTER CHANGES PRESENTED IN ORDINANCE NOS. 35-12,36-12,
35--12 AND 39 -12 AND TO PROVIDE FOR ECONOMIC INCENTIVES
TO ENCOURAGE THE RELOCATION OF BUSINESSES TO THE CITY
AS SET FORTH IN ORDINANCE NO. 44-12; 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 Match 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 nonpai-iisan election to be field on Tuesday, March 26, 2013; and
WHEREAS, in the year 2013, three (3) offices in the City of Deltay 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
12, 2013; and
WHEREAS, the Charter and the Code of Ordinances of the City of Delray Beach, provide for Special
Elections;
WHEREAS, Ordinance No. 35 -12 amends the City Charter to clarify, correct grammatical errors, and
enhance the Charter's readability; and
WHEREAS, Ordinance No. 36 -12 amends the City Charter to provide for a change in the length of a
term from a two year term to a three year term., but not extending the maximum number of consecutive years a
Cornmissloner or Mayor is allowed to serve; and
WFIEREAS, Ordinance No. 38 -12 amends the City Chatter to provide that a maximum time period
allowed to hold office, six years, shall not apply in the case of a Commissioner who assumes the office of
Mayor, in that case the time spent holding office as a Commissioner shall not count toward the six year
maximum time limit; and
WHEREAS, Ordinance No. 39 -12 amends the City Charter to provide for the removal of the Charter
prohibition on reducing the City Manager's salary; and
WHEREAS, Ordinance No. 44-12 provides for economic incentives to businesses relocating to the
City of Delray Beach or current businesses creating employment opportunities in the City; and
WHEREAS, the City of Delray Beach desires to call for a special election on the Charter amendment
and economic incentive matters; and
WHEREAS, the City Commission of the City of Delray Beach directs that the special election on the
Charter changes proposed in Ordinance No. 35 -12, Ordinance No. 36 -12, Ordinance No. 38 -12 and
Ordinance No. 39 -12, and on the economic incentives proposed in Ordinance No. 44 -12 be held on Tuesday,
March 12, 2013; 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
DELR AY 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
changes presented in Ordinance No. 35 -12, Ordinance No. 36 -12, Ordinance No. 3$ -12 and Ordinance No.
39 -12, and on the economic incentives proposed in Ordinance No. 44 -12.
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 an the 12th day of March, 2013 for the purpose of electing qualified candidates as provided by law to
fill three Commission seats and to determine the outcome of the Chatter changes proposed in Ordinance No.
35 -12, Ordinance No. 36 -12, Ordinance No. 38 -12 and Ordinance No. 39 -12, and the economic incentives as
set forth in Ordinance No. 44 -12.
2 RES_ NO. 02 -13
Section 4. The City Clerk is authorized to enter into agreements to establish polling locations for
the March 12, 2013 Nonpartisan Election and Special Election; and the Match 26, 2013 Second Nonpartisan
Election, if necessary, and is fiuther 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.
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 janua , 2013.
ATTEST:
City Clerk
i • r *� / 0
MAYOR
RES. NO. 02-13
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: December 27, 2012
SUBJECT: AGENDA ITEM 8 - REGULAR COMMISSION MEETING OF JANUARY 3,2013
RESOLUTION NO. 02-13
ITEM BEFORE COMMISSION
Page 1 of 1
This is before the City Commission to approve Resolution No. 02 -13 regarding the First Nonpartisan
and Special Election to be held on March 12, 2013.
BACKGROUND
On December 11, 2012, 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. 02 -13 provides the process for conducting the municpal
and special election (referendum) to be held on March 12, 2013.
RECOMMENDATION
Recommend approval of Resolution No. 02 -13 regarding the March 12, 2013, First Non - Partisan and
Special Election.
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