Res 11-13RESOLUTION NO. 11-13
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION
ON A CHARTER CHANGE TO BE HELD ON MARCH 12, 2013, TO
PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE
PRESENTED IN ORDINANCE NO. 01 -13; PROVIDING 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
A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 01 -13 amends the City Charter by providing 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; and,
WHEREAS, the City of Delray Beach desires to call for a special election on 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 Commission of the City of Delray Beach directs that the special election on the
Charter change proposed in Ordinance No. 01 -13 be held on March 12, 2013.
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. 01 -13.
Section 3. That the City Commission hereby sets the date of the election to be held on March 12,
2013.
Section 4. That the City Commission hereby authorizes the City Clexlc 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.
Lay of 2013.
MAYOR
RES NO. 11 -13
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
DATE: January 31, 2013
Page 1 of 1
SUBJECT: AGENDA ITEM S.I. - REGULAR COMMISSION MEETING OF FEBRUARY 5, 2013
RESOLUTION NO. 11 -13
ITEM BEFORE COMMISSION
Approval of Resolution 11 -13 regarding proposed charter amendment.
BACKGROUND
The Commission, at its January 15, 2013 meeting, adopted Ordinance 1 -13 on first reading amending
the City 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. In order to place this charter amendment on the ballot for the March 2013
election, the Commission must approve this resolution calling for the special election.
RECOMMENDATION
Staff recommends approval of Resolution 11 -13.
http:// itwebapp/ Agendalntranct /Bluesheet.aspx ?ltemID= 6452 &MeetingID =400 2/12/2013
RESOLUTION NO. 11 -13
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION
ON A CHARTER CHANGE TO BE HELD ON MARCH 12, 2013, TO
PROVIDE FOR A REFERENDUM ON THE CHARTER CIiANGE
PRESENTED IN ORDINANCE NO. 01 -13; PROVIDING 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 COMI\/LISSION AND THAT THE
VOTES NEED NOT BE IN THE AFFIRMATIVE, BUT THERE STILL
MUST BE THREE CONCURRING VOTES ON AN ITE11I, PROVIDING
A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 01 -13 amends the City Charter by providing 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; and,
WHEREAS, the City of Delray Beach desires to call for a special election on 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 Commission of the City of Delray Beach directs that the special election on the
Charter change proposed in Ordinance No. 01 -13 be held on March 12, 2013.
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. 01 -13.
Section 3. That the City Commission hereby sets the date of the election to be held on March 12,
2013.
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 day of , 2013_
11'11 EST:
City Clerk
MAYOR
RES NO. 11 -13