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Ord 01-13ORDINANCE NO. 01 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE"; TO, PROVIDE THAT THE REQUIREMENT FOR A ROLL CALL VOTE BE REMOVED FROM THE CHARTER AND THAT THE VOTING PROCEDURE SHALL BE SET FORTH IN THE RULES OF THE COMMISSION AND THAT THE VOTES NEED NOT BE IN THE AFFIRMATIVE BUT THERE STILL MUST BE THREE CONCURRING VOTES ON AN ITEM; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS., the governing body of a municipality may by ordinance submit a proposed amendment to the Charter to the electors of the municipality; and WHEREAS, currently the Charter requires that all votes be by roll call and upon the affirmative vote of three Commissioners. WHEREAS, the City Commission deems it advisable to amend the Charter to allow the Rules of Procedure as adopted by the Commission to set forth the voting procedure for the City Commission and to provide that the votes are not required to be made in the affirmative but there still must be three concurring votes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 3.12, "Procedure ", of the Charter of the City of Delray Beach shall be amended to read as. follows: Section 3.12. PROCEDURE. (A) Meetings. The Commission shall meet regularly at least twice a month at times and places that the Commission prescribes by rule or otherwise. Special meetings may be held on the call of the Mayor or of a majority of the Cormmission. Whenever ptacticable, there shall beat least twelve (12) hours notice of a special meeting to individual members of the Commission and to the public. ORD. NO. 01 -13 (B) Rules The Commission shall determine its own rules and order of business. (C) Voting. Voting on ordinances, resolutions, and motions shall be as set forth in the rules of the Commission by-r -E i and shall be recorded in the minutes, three (3) members of the Commission shall constitute a quorum., but a smaller number may adjourn from tune to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Commission. No action of the Commission, except as otherwise provided in the preceding sentence or in Sections 3.07 and 3.08 of this Chatter, shall be valid and binding unless adopted by F a the t. concurring vote of three (3) Commissioners. Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of Match 12, 2013 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. CHARTER AMENDMENT- VOTING PROCEDURE CHANGE CURRENTLY THE CHARTER PROVIDES THAT VOTES BY THE COMMISSION SHALL BE BY ROLL CALL AND MUST BE MADE IN THE AFFIRMATIVE. THE CHARTER AMENDMENT PROPOSES TO ALLOW TIdE RULES ADOPTED BY THE COMMISSION TO SET FORTH THE VOTING PROCEDURAL REQUIREMENTS AND REMOVES THE PROCEDURAL REQUIREMENT THAT VOTES MUST BE MADE IN THE AFFIRMATIVE, BUT THERE STILL MUST BE THREE CONCURRING VOTES ON ANY ACTION. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) NO (AGAINST APPROVAL) Section 3. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts or ordinances or Charter provisions of parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the -remainder of this ordinance shall not be affected thereby but shall remain in &11 force and effect. Section 5. That this ordinance shall become effective upon its passage on second and final reading and in accordance with Section 2 above. ORD. NO. 01 -13 ,- P AND ADOPTED its regular session on second and final reading on this day of 2Q13. ATTEST: City Clerk First Reading \ V5 v3 Second Reading Z 3 %, k ORD. NO. 01 -13 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: Douglas E. Smith, Interim City Manager DATE: January 30, 2013 Page 1 of 1 SUBJECT: AGENDA ITEM 11.A. -REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013 ORDINANCE NO. 01-13 ITEM BEFORE COMMISSION This ordinance is before Commission for second reading to consider calling for a referendum on proposed revisions to the Charter of the City of Delray Beach to amend Section 3.12, "Procedure" to provide that the requirement for a roll call vote be removed from the Charter and that the voting procedure shall be set forth in the rules of the Commission and that the votes need not be in the affirmative but there still must be three concurring votes on an item; providing for a referendum on March 12, 2013. BACKGROUND At the first reading on January 15, 2013, the Commission passed Ordinance No. 01 -13. RECOMMENDATION Recommend approval of Ordinance No. 01 -13 on second and final reading. http:// itwebapp/ Agendalntranet /Blueshect.aspx ?ItemID= 6446 &Mceti-ligID =400 2/12/2013 Coversheet MEMORANDUM TO: Mayor and City Commissioners FROM: R. Brian Shutt, City Attorney DATE: January 10, 2013 Page 1 of 1 SUBJECT: AGENDA ITEM 12.A. -REGULAR COMMISSION MEETING OF JANUARY 15 2013 ORDINANCE NO. 01 -13 ITEM BEFORE COMMISSION Adoption of Ordinance 01 -13 regarding a proposed change to the Charter to change the procedural voting requirement listed in the Charter that requires a roll call vote and an affirmative vote and to provide that voting shall take place in accordance with the rules adopted by the Commission. BACKGROUND Currently the Charter provides that the all votes takes by the Commission shall be by roll call and must be made in the affirmative. This proposed Ordinance would remove that language from the Charter and provide that the voting procedure for the Commission shall be set forth in the rules of the Commission. The proposed Ordinance would also change the Charter requirement for three "affirmative" votes to three "concurring" votes. This does not change the Charter requirement that you must have a minimum of three votes to take action on an item. This Charter amendment would be placed on the ballot for the March 2013 election and would be effective upon passage at referendum. RECOMMENDATION Commission discretion. http:// itwebapp/ AgendalntranetBluesheet .aspx ?ItemID 6398 &MeetingID -399 1/30/2013 ORDINANCE NO. 01 -13 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING SECTION 3.12, "PROCEDURE"; TO PROVIDE THAT THE REQUIREMENT FOR A ROLL CALL VOTE BE REMOVED FROM THE CHARTER AND THAT THE VOTING PROCEDURE SHALL BE SET FORTH IN THE RULES OF THE COMMISSION AND THAT THE VOTES NEED NOT BE IN THE AFFIP- MATIVE BUT THERE STILL MUST BE THREE CONCURRING VOTES ON AN ITEM; PROVIDING FOR A REFERENDUM ON MARCH 12, 2013, PROVIDING A GENERAL REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the governing body of a municipality may by ordinance submit a proposed amendment to the Charter to the electors of the municipality; and WHEREAS, currently the Charter requires that all votes be by roll call and upon the affirmative vote of three Commissioners. WHEREAS, the City Commission deems it advisable to amend the Charter to allow the Rules of Procedure as adopted by the Commission to set forth the voting procedure for the City Commission and to provide that the votes are not required to be made in the affirmative but there still must be three concurring votes. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA AS FOLLOWS: Section 1. That Section 3.12, "Procedure ", of the Charter of the City of Delray Beach shall be amended to read as follows: Section 3.12. PROCEDURE. (A) Meetin ,gs: The Commission shall meet regularly at least twice a month at times and places that the Commission prescribes by rule or otherwise. Special meetings may be held on the call of the Mayor or of a majority of the Commission. Whenever practicable, there shall be at least twelve (12) hours notice of a special meeting to individual members of the Commission and to the public. ORD. NO. 01 -13 (B) Mules. The Commission shall determine its own rules and order of business. (C) Voting. Voting on ordinances, resolutions, and motions shall be as set forth in the rules of the Commission by roH ea14 and shall be recorded in the minutes, three (3) members of the Commission shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Commission. No action of the Commission, except as othenvise provided in the preceding sentence or in Sections 3.07 and 3.08 of this Charter, shall be valid and binding unless adopted by the .. r— concurring vote of three (3) Commissioners. Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that time upon the following question: QUESTION NO. CHARTER AMENDMENT- VOTING PROCEDURE CHANGE CURRENTLY THE CHARTER PROVIDES THAT VOTES BY THE COMMISSION SHALL BE BY ROLL CALL AND MUST BE MADE IN THE AFFIRMATIVE. THE CHARTER AMENDMENT PROPOSES TO ALLOW THE RULES ADOPTED BY THE COMMISSION TO SET FORTH THE VOTING PROCEDURAL REQUIREMENTS AND REMOVES THE PROCEDURAL REQUIREMENT THAT VOTES MUST BE MADE IN THE AFFIRMATIVE, BUT THERE STILL MUST BE THREE CONCURRING VOTES ON ANY ACTION. SHALL THE CHARTER AMENDMENT BE ADOPTED? YES (FOR APPROVAL) NO (AGAINST APPROVAL) Section 3. That upon the approval of this ordinance by the electors as set forth above, all ordinances or parts or ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this Ordinance. Section 4. That any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by .a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 5. That this ordinance shall become effective upon its passage on second and final reading and in accordance with Section 2 above. ORD. NO. 01 -13 PASSED AND ADOPTED in regular session on second and final reading on this the day of , 2013. MAYOR ATTEST: City Cleric First Reading Second Reading ORD. NO. 01 -13 Date Printed: 02/11/2013 Time Printed: 11:41:35 AM The Palm Beach Post Receipt: 2 Real News Starts Here RECEIPT Account: Phone: E -mail: Purchase Order: Pay Type: Account Group: Caller: G768 5612437080 Billed Susan Name: CITY OF DELRAY BEACH Address: 100 NW 1 ST AVE City: DELRAY BEACH State: FL Zip: 33444 -2612 Order Name: March 5 publ hearing Order Id: 53639 Sales Rep: C1116 Rosemary Hindmarch Ad Name: 120783A Ad Id: 120783 Original Ad Id: Copyline: CITY OF DELRAY BEACH, FLORIDANOTICE OF P 220.16 Total: CRY OF DELRAY REACW, FLORIDA Payments: .00 NOTICE OF PUBLIC HEARING .00 A. PUBLIC : HEARING wil I be held .on the .00 following proposed ordinance at 7 :00' Editions: PB POSt, P6 Post Web p.m. on TUESDAY, MARCH 5, 2.013 (or at any continuator of such meeting Section: 6205 Legal Notices g theC s set by the Commis5iori }, in the C©fnni1s51ei1 Cham be rs, 1'.00 N.W. Start: 02 -22 -2013 list Avenue, Delray Reach, Florida, at i whch lime the City Commission yvv ll Stop: 02 -22 -2013 — eider it, adoption The prrap —ol ordinance. may be in specteel at the Issues: 1 office of the city Cleric at City Hall, Colors: 0 104 N.W.. 1st Aven..u,e, Delray Beach, ;Florida, between, 8;40 a.,.IT,. and 5:00 p.m,, Monday through Friday, except hole dayxJntercrste d parties are Invited to attend,, an.,d ,.. be h,eead., with respcctto Reply Request: he proposed NNCE O.01 -13 Tearsheets: 0 AN ORDINANCE OF THE CITY - COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY AMENDING Lines: 64 Depth: 64 Columns: 1 Discount: .00 Commission: 0 Net: 220.16 Total: 220.16 Payments: .00 .00 .00 .00 Cash: SECTION 3.1'.2., 'PROCEDURE "; TO - PROVIDE THAT THE REQUIREMENT FORA. ROLL CALL VOTE BE REMOVED, FROM THE CHARTER AND THAT THE VOTIN.,G PROCEDURE SHALL. BE SET FORTH'. IN THE RULES OF THE ,COMMISSION A.ND THAT THE VOTES NEED NOT BE IN THE AFFIRMATIVE ;BUT THERE STILL MUST EE THREE CONCURRING VOTES ON AN ITEM'.., PROVIDING FOR. A REFERENDUM ON MARCH 12, ,2013, PROVIDING A. G- EN.ERAL REPEALER. CLAUSE; PROVIDING A SAVING CLAUSE; ;PROVIDIN:G AN'. EFFECTVE ATE. IPlease he advised that if a person deci:.,des 1, appeal any decision m.,ade by thy. City Comnlissior. with respc.ctto any matter consi dared. at this hearing, such person may need to ensure that a —1, Mi. record Incl. des the testmi and evidence upon which the appeal is to be based.. This. City does not provide nor prepare such turd pr.,rsuaalt to F.S. 285.0105. ,CITY OF D'ELRAY BEACH Cl D,. N.ubin, MMC: City Clerk PUBLISH: Friday, February 22, 2013 PUi The Palm Beach Post !February 2.2,2.413 053639 Ad shown is not actual print size. COXMedia Group A Division of COX Enterprises, Inc. PALMSEAC:HPOSTCOM 1 REAL NEWS STAR S HERE THE R4L. BEACH (561) 820- 41_JZ,3 .CITY OF DELRAY BEACH; FLOkJDA NOTICE OF PUBLIC REARING Re- Advertised - Caption was incorrect