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Ord 10-01DENIED ON FIRST READING - February 6, 2001 ORDINANCE NO. 10-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELKAY BEACH, FLORIDA, PROVIDING FOR A CHARTER REVISION TO THE CITY CHARTER OF THE CITY OF DELKAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "LEGISLATIVE", SECTION 3.06, "VACANCIES; FORFEITURE OF OFFICE; FIIJING OF VACANCIES"; BY REPEALING SUBSECTION 3.06(C) AND SUBSECTION 3.06(I3); BY ENACTING A NEW SUBSECTION 3.06(C)(1) AND SUBSECTION 3.06(C)(2), TO PROVIDE FOR THE FILLING OF A VACANCY IN THE OFFICE OF MAYOR, PROVIDING THE LENGTH OF THE MAYOR'S SUCCESSOR'S TERM AND THAT OF THE COMMISSIONER SERVING IN THE SUCCESSOR'S FORMER SEAT INCLUDING THE MANNER OF SELECTION; PROVIDING FOR THE 1LELETTERING OF SECTION 3.06; PROVIDING FOR A REFERENDUM ON MARCH 13, 2001; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Article III, "Legislative", Section 3.06, ''Vacancies; Forfeiture of Office; Filling of Vacancies", of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, be further amended by repealing Subsection 3.06(c) and Subsection 3.06(d) and by enacting a new Subsection 3.06(c)(1) and Subsection (c)(2) and providing for the relettering of Section 3.06 to read as follows: Section 3.06. VACANCIES; FORFEITURE OF OFFICE; FIIJJNG OF V.A. CANCIES. (c)(1) If the office of the Mayor shall become vacant pursuant to Subsection 3.06(a) of this charter, the Vice-Mayor shall automatically succeed to the office of Mayor. The Vice-Mayor shall serve as the Mayor for the remainder of the term of office of the former Mayor if less than fourteen months remain; or if otherwise, until the last Thursday in March following the next regular City election, or until the last Friday m March should the last Thursday fall on the legal holiday. Upon completing such service as Mayor by succession, the Commissioner shall then complete the remainder of his Comnussion term if any part of such term remains unexpzred. The succession to the office of Mayor by the Vice-Mayor shall create a vacancy in the Commissxon which shall be filled in the manner set forth herein. It shall be the duty of the remaining members of the Commission, by a majority vote, to appoint a quahfied person to fill the vacancy in the Commission created by the Vine-Mayor's succession to the office of Mayor. If a majority of the remaining Commsssion Members including the Mayor by succession are unable to agree upon the appointment of a Commissioner to fill the vacancy created by the succession of the Vice-Mayor to Mayor after two (2) regular meetings have been held, then the Commission shall call a special election for that purpose to be held within sixty (60) calendar days following the second regular meeting. The Commissioner appointed or elected to fill the vacancy shall serve until a new Mayor shall be elected and seated. (c)(2) In the event a vacancy occurs in the membership of the Commission; except at the close of a regular term or except for the filling of a vacancy in the office of Mayor, or a vacancy on the Commission that results from a vacancy that occurs in the office of Mayor as provided for in Subsection (c)(1) above, it shall be the duty of the remaining members of the Commission, including the Mayor, by a majority vote, to appoint a qualified person to fill the vacancy for the remainder of the unexpired term. However, in the event the vacancy occurs at least sixty (60) or more calendar days preceding the date of the next regular City election, then the appointed member filling the vacancy shall serve until the last Thursday m March following the next regular City election, or until the last Friday in March should the last Thursday fall on a legal holiday, and the remainder of the unexpired term shall be filled by elecuon at the next regular City election in the manner provided in Article V of this Charter. If a majority of said remaining members are unable to agree upon the appointment of a Commissioner to fill said vacancy after two (2) regular meetings have been held, then the Commission shall call a special elecuon for that purpose, to be held w~thin sixty (60) calendar days following the said second regular meeting. Section 2. That Section 1 of this ordinance shall not be effective unless and until the same is approved by the majority of the electors of the City of Delray Beach, Florida, voting at the election to be held March 13, 2001, for the purpose of approving or disapproving Section 1 of this ordinance. If a majority of the electors voting upon the Charter change approve, then this ordinance shall be in full force and effect. If a majority of the electors voting upon the Charter change disapprove, then the ordinance shall be null and void. The question to be subrmtted to the electors shall be substantially as follows: CHARTER CHANGE CONCERNING THE PROCESS AND TERMS OF SUCCESSORS WHEN FIIJ.ING A MAYORAL VACANCY IF THE MAYOWS SEAT BECOMES VACANT, SHOULD THE SUCCEEDING VICE- MAYOR SERVE OUT THE FORMER MAYOWS REMAINING TERM IF LESS -2- DENIED ON FIRST READING - February 6, 2001 ORD. NO. 10-01 THAN FOURTEEN MONTHS REMAIN, OTHERWISE UNTIL THE SEATING OF THE NEW MAYOR AFTER THE NEXT ELECTION, WITH THE VICE-MAYOR THEREAFTER RETURNING TO HIS FORMER SEAT IF ANY PART OF HIS TERM REMAINS, WITH THE COMMISSIONER SERVING IN THE VICE-MAYOR'S FORMER SEAT TO SERVE UNTIL THE SEATING OF THE NEW MAYOR AFTER THE NEXT F.I,ECTION? YES (for approval) NO (against approval) Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be &dared by a court of competent jurisdicuon to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be mvahd. PASSED AND ADOPTED in regular session on second and final reading on this the day of ,2001. ATTEST MAYOR City Clerk First Reading February 6, 2001 - DENIED Second Reading -3- DENIED ON FIRST READING - February 6, 2001 ORD. NO. 10-01 [lTV OF DELRI:I¥ BErlgH CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: MEMORANDUM February 6, 2001 David Harden, City Manager Susan A. Ruby, City Attorney Charter Revision - Ordinance No. 10-01 Writer's Direct Line: 561/243-7091 Here is an alternate Ordinance No. 10-01. with this one. SAR:ci I spoke with the Mayor and he would like to go Attachment ORDINANCE NO. 10-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A CHARTER REVISION TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE m, "LEGISLATWE", SECTION 3.06, "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES"; BY REPEALING SUBSECTION 3.06(C) AND SUBSECTION 3.06(D); BY ENACTING A NEW SUBSECTION 3.06(C)(1) AND SUBSECTION 3.06(C)(2), TO PROVIDE FOR THE FILLING OF A VACANCY IN THE OFFICE OF MAYOR, PROVIDING THE LENGTH OF THE MAYOR'S SUCCESSOR'S TERM AND THAT OF THE COMMISSIONER SERVING IN THE SUCCESSOR'S FORMER SEAT INCLUDING THE MANNER OF SELECTION; PROVIDING FOR THE RELETTERING OF SECTION 3.06; PROVIDING FOR A REFERENDUM ON MARCH 13, 2001; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Article I11, "Legislative", Section 3.06, "Vacancies; Forfeiture of Office; Filling of Vacancies", of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, be further amended by repealing Subsection 3.06(c) and Subsection 3.06(d) and by enacting a new Subsection 3.06(c)(1) and Subsection (c)(2) and providing for the relettering of Section 3.06 to read as follows: Section 3.06. VACANCIES; FORFEITURE OF OFFICE~ FILLING OF VACANCIES. (c)(1) If the office of the Mayor shall become vacant pursuant to Subsection 3.06(a) of this charter, the Vice-Mayor shall automatically succeed to the office of Mayor. The Vice-Mayor shall serve as the Mayor for the remainder of the term of office of the former Mayor if less than fourteen months remain; or if otherwise, until the last Thursday in March following the next regular City election, or until the last Friday in March should the last Thursday fall on the legal holiday. Upon completing such service as Mayor by succession, the Commissioner shall then complete the remainder of his Commission term if any part of such term remains unexpired. The succession to the office of Mayor by the Vice-Mayor shall create a vacancy in the Commission which shall be filled in the manner set forth herein. It shall be the duty of the remaining members of the Commission, by a majority vote, to appoint a qualified person to fill the vacancy in the Commission created by the Vice-Mayor's succession to the office of Mayor. If a majority of the remaining Commission Members including the Mayor by succession are unable to agree upon the appointment of a Commissioner to fill the vacancy created by the succession of the Vice-Mayor to Mayor after two (2) regular meetings have been held, then the Commission shall call a special election for that purpose to be held within sixty (60) calendar days following the second regular meeting. The Commissioner appointed or elected to fill the vacancy shall serve until a new Mayor shall be elected and seated. (c)(2) In the event a vacancy occurs in the membership of the Commission; except at the close of a regular term or except for the filling of a vacancy in the office of Mayor, or a vacancy on the Commission that results from a vacancy that occurs in the office of Mayor as provided for in Subsection (c)(1) above, it shall be the duty of the remaining members of the Commission, including the Mayor, by a majority vote, to appoint a qualified person to fill the vacancy for the remainder of the unexpired term. However, in the event the vacancy occurs at least sixty (60) or more calendar days preceding the date of the next regular City election, then the appointed member filling the vacancy shall serve until the last Thursday in March following the next regular City election, or until the last Friday in March should the last Thursday fall on a legal holiday, and the remainder of the unexpired term shall be filled by election at the next regular City election in the manner provided in Article V of this Charter. If a majority of said remaining members are unable to agree upon the appointment of a Commissioner to fill said vacancy after two (2) regular meetings have been held, then the Commission shall call a special election for that purpose, to be held within sixty (60) calendar days following the said second regular meeting. Section 2. That Section 1 of this ordinance shall not be effective unless and until the same is approved by the majority of the electors of the City of Delray Beach, Florida, voting at the election to be held March 13, 2001, for the purpose of approving or disapproving Section 1 of this ordinance. If a majority of the electors voting upon the Charter change approve, then this ordinance shall be in full force and effect. If a majority of the electors voting upon the Charter change disapprove, then the ordinance shall be null and void. The question to be submitted to the electors shall be substantially as follows: THE PROCESS AND TERMS OF SUCCESSORS WHEN FILLING A MAYORAL VACANCY SHOULD THE CHARTER BE CLARIFIED AS FOLLOWS: IF THE MAYOR'S SEAT BECOMES VACANT, THE VICE-MAYOR BECOMES MAYOR FOR THE UNEXPIRED TERM IF LESS THAN FOURTEEN MONTHS; OR, IF LONGER, UNTIL A NEW MAYOR IS SEATED AFTER THE NEXT ELECTION. THE VICE-MAYOR SHALL THEN RETURN TO HIS COMMISSION SEAT IF HIS COMMISSION TERM HAS NOT EXPIRED. THE COMMISSIONER FILLING THE VICE-MAYOR'S FORMER SEAT SHALL SERVE UNTIL THE SEATING OF THE NEW ELECTED MAYOR? YES (for approval) NO (against approval) 2 ORD NO. 10-01 Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final reading on this the ~ ., 2001. day of ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 10-01 NOTICE OF SPECIAL ELECTION The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes 100.342, that a special election shall be held on March 13, 2001 on the Charter change proposed by Ordinance No. 10-01 to wit: THE PROCESS AND TERMS OF SUCCESSORS WHEN FILLING A MAYORAL VACANCY. SHOULD THE CHARTER BE CLARIFIED AS FOLLOWS: IF THE MAYOR'S SEAT BECOMES VACANT, THE VICE-MAYOR BECOMES MAYOR FOR THE UNEXPIRED TERM IF LESS THAN FOURTEEN MONTHS; OR, IF LONGER, UNTIL A NEW MAYOR IS SEATED AFTER THE NEXT ELECTION. THE VICE-MAYOR SHALL THEN RETURN TO HIS COMMISSION SEAT IF HIS COMMISSION TERM HAS NOT EXPIRED. THE COMMISSIONER FILLING THE VICE-MAYOR'S FORMER SEAT SHALL SERVE UNTIL THE SEATING OF THE NEW ELECTED MAYOR? CITY OF DELRAY BEACH, FLORIDA PUBLISH: The News Alison MacGregor Harty City Clerk [This publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held, at least 30 days prior to the referendum date.] [IT¥ OF DELRI:I¥ BEI:I[H CITY ATTORNEY'S OFFICE 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 MEMORANDUM liI-AmmkmClty DATE: 'llll 1993 FROM: February 2, 2001 David Harden, City Manager Alison Harty, City Clerk Susan A. Ruby, City Attorney SUBJECT: Proposed Charter Ordinances, Resolutions and Notices I have prepared four amended draft ordinances amending the City Charter along with Resolutions and Notices and have incorporated your comments. These ordinances are: Ordinance No. 10-1 repeals subsection 3.06(c) and 3.06(d) and enacts 3.06(c)(1) and 3.06(c)(2). Subsection (c)(1) applies when filling a vacancy in the office of Mayor or on the Commission which occurs due to the succession of the Vice- Mayor to the Mayor's seat. The Commission has two regular meetings to appoint a replacement Commissioner or a special election must be held within 60 days. If either an appointment occurs or an election is held, the Commissioner filling the Commission vacancy which occurs as a result of a vacancy in the office of Mayor shall serve until a new Mayor is elected and seated. Subsection 3.06(c)(2) applies when filling a vacancy on the Commission, not covered under 3.06(c)(1) described above, i~. -I:l: q .-o ! Ordinance No. 11-01 amends subsection 3.01(c) which provides if term limits are reached during an elected term, the Commissioner or Mayor so affected may serve out the remainder of the elected term. ~$. 3. Ordinance No. 12-01 amends subsection 3.01(c) which provides that partial terms filled by election, as well as aj~pointment, do not count towards term limits. RF~. ~: ll-O/ 4. Ordinance No. 13-01 amends subsection 3.01(c) and provides that the six (6) year consecutive years term limit applies to a Commissioner serving as Commissioner and also permits the Mayor to serve six years as Mayor. 5. Ordinance No. 14-01 amends 3.01(c) to more accurately describe the "one year" prohibition on serving as Mayor or Commissioner after term limits are reached. I be~ttl~.~ordi.~..nances are ready for City Commission consideration. Thank~~-"~ ~ SAR:ci Attachments /e~. ~, "" /C:~. E. ORDINANCE NO. 10-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVDING FOR A CHARTER REVISION TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE m, "LEGISLATIVE", SECTION 3.06, "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES"; BY REPEALING SUBSECTION 3.06(C) AND SUBSECTION 3.06(D); BY ENACTING A NEW SUBSECTION 3.06(C)(1) AND SUBSECTION 3.06(C)(2), TO PROVIDE FOR THE FILLING OF A VACANCY IN THE OFFICE OF MAYOR, PROVIDING THE LENGTH OF THE MAYOR'S SUCCESSOR'S TERM AND THAT OF THE COMMISSIONER SERVING IN THE SUCCESSOR'S FORMER SEAT INCLUDING THE MANNER OF SELECTION; PROVIDING FOR THE RELETTERING OF SECTION 3.06; PROVIDING FOR A REFERENDUM ON MARCH 13, 2001; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Article 1II, "Legislative", Section 3.06, "Vacancies; Forfeiture of Office; Filling of Vacancies", of the City Charter of the City of Delray Beach, Florida, Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, be further amended by repealing Subsection 3.06(c) and Subsection 3.06(d) and by enacting a new Subsection 3.06(c)(1) and Subsection (c)(2) and providing for the relettering of Section 3.06 to read as follows: Section 3.06. VACANCIES[ FORFEITURE OF OFFICE~ FILLING OF VACANCIES. (c)(1) If the office of the Mayor shall become vacant pursuant to Subsection 3.06(a) of this charter, the Vice-Mayor shall automatically succeed to the office of Mayor. The Vice-Mayor shall serve as the Mayor for the remainder of the term of office of the former Mayor if less than fourteen months remain; or if otherwise, until the last Thursday in March following the next regular City election, or until the last Friday in March should the last Thursday fall on the legal holiday. Upon completing such service as Mayor by succession, the Commissioner shall then complete the remainder of his Commission term if any part of such term remains unexpired. The succession to the office of Mayor by the Vice-Mayor shall create a vacancy in the Commission which shall be filled in the manner set forth herein. It shall be the duty of the remaining members of the Commission, by a majority vote, to appoint a qualified person to fill the vacancy in the Commission created by the Vice-Mayor's succession to the office of Mayor. If a majority of the remaining Commission Members including the Mayor by succession are unable to agree upon the appointment of a Commissioner to fill the vacancy created by the succession of the Vice-Mayor to Mayor after two (2) regular meetings have been held, then the Commission shall call a special election for that purpose to be held within sixty (60) calendar days following the second regular meeting. The Commissioner appointed or elected to fill the vacancy shall serve until a new Mayor shall be elected and seated. (c)(2) In the event a vacancy occurs in the membership of the Commission; except at the close of a regular term or except for the filling of a vacancy in the office of Mayor, or a vacancy on the Commission that results from a vacancy that occurs in the office of Mayor as provided for in Subsection (c)(1) above, it shall be the duty of the remaining members of the Commission, including the Mayor, by a majority vote, to appoint a qualified person to fill the vacancy for the remainder of the unexpired term. However, in the event the vacancy occurs at least sixty (60) or more calendar days preceding the date of the next regular City election, then the appointed member filling the vacancy shall serve until the last Thursday in March following the next regular City election, or until the last Friday in March should the last Thursday fall on a legal holiday, and the remainder of the unexpired term shall be filled by election at the next regular City election in the manner provided in Article V of this Charter. If a majority of said remaining members are unable to agree upon the appointment of a Commissioner to fill said vacancy after two (2) regular meetings have been held, then the Commission shall call a special election for that purpose, to be held within sixty (60) calendar days following the said second regular meeting. .Section 2. That Section 1 of this ordinance shall not be effective unless and until the same is approved by the majority of the electors of the City of Delray Beach, Florida, voting at the election to be held March 13, 2001, for the purpose of approving or disapproving Section 1 of this ordinance. If a majority of the electors voting upon the Charter change approve, then this ordinance shall be in full force and effect. If a majority of the electors voting upon the Charter change disapprove, then the ordinance shall be null and void. The question to be submitted to the electors shall be substantially as follows: CHARTER CHANGE CONCERNING THE PROCESS AND TERMS OF SUCCESSORS WHEN FILLING A MAYORAL VACANCY IF THE MAYOR'S SEAT BECOMES VACANT, SHOULD THE SUCCEEDING VICE-MAYOR SERVE OUT THE FORMER MAYOR'S REMAINING TERM IF LESS THAN FOURTEEN MONTHS REMAIN, OTHERWISE UNTIL THE SEATING OF THE NEW MAYOR AFTER THE NEXT ELECTION, WITH THE VICE-MAYOR THEREAFTER RETURNING TO HIS FORMER SEAT IF ANY PART OF HIS TERM REMAINS, WITH THE COMMISSIONER SERVING IN THE VICE-MAYOR'S FORMER SEAT TO SERVE UNTIL THE SEATING OF THE NEW MAYOR AFTER THE NEXT ELECTION? YES (for approval) NO (against approval) 2 ORD NO. 10o01 Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final reading on this the ~ ,2001. day of ATTEST MAYOR City Clerk First Reading Second Reading 3 ORD NO. 10-01 RESOLUTION NO. 9-01 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 13, 2001, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 10-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 10-01 provides for a referendum on the Charter change as set forth therein which repeals Subsections 3.06(c) and 3.06(d) and enacts new Subsections 3.06(c)(1) and 3.06(c)(2) regarding the filling of vacancies that result from a vacancy in the office of Mayor and provides for relettering; 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. 10-01 be held on March 13, 2001. 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. 10-1. Section 3. 13, 2001. That the City Commission hereby sets the date of the election to be held on 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 __ day of ., 2001. ATTEST: MAYOR City Clerk ORDINANCE NO. 11-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A CHARTER REVISION TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 1/I, "LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE- MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR", BY AMENDING SUBSECTION 3.01(c), TO PROVIDE AN EXCEPTION TO TERM LIMITS TO ALLOW THE MAYOR OR COMMISSIONER ELECTED TO A TWO YEAR TERM TO COMPLETE THE TERM TO WHICH THEY WERE ELECTED IF THE SIX CONSECUTIVE YEAR TERM LIMIT FALLS DURING THE ELECTED TWO YEAR TERM; PROVIDING FOR A REFERENDUM ON MARCH 13, 2001; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Article 1/I, "Legislative", Section 3.01, "Commissioner-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of Mayor" of the City Charter of the City of Delray Beach, Florida, Chapter 25788, Laws of Florida, Special Act of 1949 and amendments thereto, be further amended by amending subsection 3.01(c) to read as follows: Section 3.01. COMMISSION-CITY MANAGER FORM OF GOVERNMENT~ TERM OF OFFICE~ NUMBER~ OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR~ SUCCESSION TO OFFICE OF MAYOR. (c) The individual Commissioners and Mayor shall be prohibited from holding office for more than six (6) consecutive years. However, if a term limit is reached during an elected term, the Mayor or Commissioner so affected may nevertheless complete the entire term to which they were elected. This limitation shall apply to years served by the Commissioners elected in 1993 and 1994, the Mayor elected in 1994, and every election thereafter. The term "holding office" shall be defined as serving as Commissioner or Mayor. The term "consecutive years" shall not include any years served as a result of an appointment. An individual who has served six consecutive years of elected service shall not be appointed or elected to any commission or mayoral seat for a period of one year from the date on which his or her last term expired. /,,7. B. Section 2. That Section 1 of this ordinance shall not be effective unless and until the same is approved by the majority of the electors of the City of Delray Beach, Florida, voting at the election to be held March 13, 2001, for the purpose of approving or disapproving Section 1 of this ordinance. If a majority of the electors voting upon the Charter change approve the amendment, then the amendment shall be in full force and effect. If a majority of the electors voting upon the Charter change disapprove such amendment, then the amendment shall be null and void. The question to be submitted to the electors shall be substantially as follows: EXCEPTION TO TERM LIMITS WHEN THE TERM LIMIT FALLS DUR/NG AN ELECTED TERM. SHOULD THE CITY CHARTER BE AMENDED TO PROVIDE THAT IF A TERM LIMIT IS REACHED DURING AN ELECTED TERM, THE COMMISSIONER OR THE MAYOR SO AFFECTED MAY NEVERTHELESS SERVE OUT THE ENTIRE TERM TO WHICH THEY WERE ELECTED? YES (for approval) NO (against approval) Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final reading on this the ~ ,2001. day of ATTEST MAYOR City Clerk First Reading. Second Reading. 2 ORD NO. 11-01 RESOLUTION NO. 10-01 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 13, 2001, TO PROVDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 11-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 11-01 provides for a referendum on the Charter change as set forth therein which amends Section 3.01(c) of the City Charter providing that if a term limit is reached during an elected term, the Commissioner or the Mayor may nevertheless serve for the entire term to which they were elected; 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 Dekay Beach directs that the special election on the Charter change proposed in Ordinance No. 11-01 be held on March 13, 2001. 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. 11-01. Section 3. 13, 2001. That the City Commission hereby sets the date of the election to be held on 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 ANDADOPTED this day of ., 2001. ATTEST: MAYOR City Clerk ORDINANCE NO. 12-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A CHARTER REVISION TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE llI, "LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE- MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR", BY AMENDING SUBSECTION 3.01(c), TO PROVIDE THAT IN ADDITION TO TIME SERVED TO FILL A PARTIAL UNEXPIRED TERM AS A RESULT OF APPOINTMENT BEING NOT INCLUDED IN THE SIX (6) CONSECUTIVE YEARS TERM LIMIT, THAT TIME SERVED TO FILL A PARTIAL UNEXPIRED TERM AS A RESULT OF AN ELECTION IS ALSO NOT INCLUDED IN THE SIX (6) CONSECUTIVE YEARS TERM LIMIT; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Article I]/, "Legislative", Section 3.01, "Commissioner-City Manager Form of government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of Mayor" of the City Charter of the City of Delray Beach, Florida, Chapter 25788, Laws of Florida, Special Act of 1949 and amendments thereto, be further amended by amending subsection 3.10(c) to read as follows: Section 3.01. COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBERI OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR. (c) The individual Commissioners and Mayor shall be prohibited from holding office for more than six (6) consecutive years. This limitation shall apply to years served by the Commissioners elected in 1993 and 1994, the Mayor elected in 1994, and every election thereafter. The term "holding office" shall be defined as serving as Commissioner or Mayor. The term "consecutive years" shall not include any years time served as a result of an appointment or election to fill an unexpired term. An individual who has served six consecutive years of elected service shall not be appointed or elected to any commission or mayoral seat for a period of one year from the date on which is or her last term expired. Section 2. That Section 1 of this ordinance shall not be effective unless and until the same is approved by the majority of the electors of the City of Delray Beach, Florida, voting at the election to be held March 13, 2001, for the purpose of approving or disapproving Section 1 of this ordinance. If a majority of the electors voting upon such Charter change approve the amendment, then the amendment shall be in full force and effect. If a majority of the electors voting upon such Charter change disapprove such amendment, then the amendment shall be null and void. The question to be submitted to the electors shall be substantially as follows: EXCLUSION OF PARTIAL TERMS FROM TERM LIMITS. SHOULD THE CITY CHARTER BE AMENDED TO PROVIDE THAT SERVING FOR A PARTIAL UNEXPIRED TERM AS A RESULT OF AN ELECTION SHALL BE EXCLUDED FROM THE SIX (6) CONSECUTIVE YEARS TERM LIMIT THE SAME AS CURRENTLY EXISTS FOR A PERSON WHO SERVES AN UNEXPIRED PARTIAL TERM AS A RESULT OF APPOINTMENT? YES (for approval) NO (against approval) Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final reading on this the ~ ,, 2001. day of ATTEST MAYOR City Clerk First Reading. Second Reading. 2 ORD NO. 12-01 RESOLUTION NO. 11-01 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 13, 2001, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 12-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 12-01 amends Section 3.01(c) of the City Charter and provides that serving a partial term as a result of an election to fill an unexpired term shall not count when calculating term limits; 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. 12-01 be held on March 13, 2001. 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. 12-01. Section 3. 13, 2001. That the City Commission hereby sets the date of the election to be held on 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 day of ,2001. ATTEST: MAYOR City Clerk NOTICE OF SPECIAL ELECTION The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes 100.342, that a special election shall be held on March 13, 2001 on the Charter change proposed by Ordinance No. 12-01 to wit: EXCLUSION OF PARTIAL TERMS FROM TERM LIMITS. SHOULD THE CITY CHARTER BE AMENDED TO PROVIDE THAT SERVING FOR A PARTIAL UNEXPIRED TERM AS A RESULT OF AN ELECTION SHALL BE EXCLUDED FROM THE SIX (6) CONSECUTIVE YEARS TERM LIMIT THE SAME AS CURRENTLY EXISTS FOR A PERSON WHO SERVES AN UNEXPIRED PARTIAL TERM AS A RESULT OF APPOINTMENT? CITY OF DELRAY BEACH, FLORIDA PUBLISH: The News Alison MacGregor Harty City Clerk [This publication shall be made at least twice, once in the fifhh week and once in the third week prior to the week in which the referendum is to be held, at least 30 days prior to the referendum date.] ORDINANCE NO. 13-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A CHARTER REVISION TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 1II, "LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE- MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR", BY AMENDING SUBSECTION 3.01(c), TO PROVIDE THAT A COMMISSIONER MAY SERVE FOR SIX (6) CONSECUTIVE YEARS AS COMMISSIONER AND THE MAYOR MAY SERVE FOR SIX (6) CONSECUTIVE YEARS AS MAYOR; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Article 1II, "Legislative", Section 3.01, "Commissioner-City Manager Form of government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of Mayor" of the City Charter of the City of Delray Beach, Florida, Chapter 25788, Laws of Florida, Special Act of 1949 and amendments thereto, be further amended by amending subsection 3.10(c) to read as follows: Section 3.01. COMMISSION-CITY MANAGER FORM OF GOVERNMENT~ TERM OF OFFICE~ NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR~ SUCCESSION TO OFFICE OF MAYOR. (c) The individual Commissioners and th.__~e Mayor shall be prohibited from holding office for more than six (6) consecutive years as Commissioner or six (6) consecutive years as Mayor. This limitation shall apply to years served by the Commissioners elected in 1993 and 1994, the Mayor elected in 1994, and every election thereafter, q'~'~ ~-'~ "~'^~'~:--~ ,.cc,..~,, ~.. ~ ~c..~ ~ ~.~.'.,. ~ o~....~;~o;^...~ ^~ ~"^~ The term "consecutive years" shall not include any years time served as a result of an appointment. An individual who has served six consecutive years of elected service as either a Commissioner or as Mayor shall not be appointed or elected to any commission or mayoral seat for a period of one year from the date on which his or her last term expired. Section 2. That Section 1 of this ordinance shall not be effective unless and until the same is approved by the majority of the electors of the City of Delray Beach, Florida, voting at the election to be held March 13, 2001, for the purpose of approving or disapproving Section 1 of this ordinance. If a majority of the electors voting upon the Charter change approve the amendment, then the amendment shall be in full force and effect. If a majority of the electors voting upon the Charter change disapprove such amendment, then the amendment shall be null and void. The question to be submitted to the electors shall be substantially as follows: APPLICATION OF SEPARATE TERM LIMITS TO THE MAYOR AND COMMISSIONERS. SHOULD THE CITY CHARTER BE AMENDED TO PROVIDE THAT THERE SHALL BE A SEPARATE SIX YEAR TERM LIMIT FOR MAYOR AND A SEPARATE SIX YEAR TERM LIMIT FOR COMMISSIONERS? YES (for approval) NO (against approval) Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final reading on this the __ ,2001. day of ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 13-01 RESOLUTION NO. 12-01 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 13, 2001, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 13-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 13-01 provides that a Commissioner may serve for six consecutive years as a Commissioner and the Mayor may serve for six consecutive years as Mayor; 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. 13-01 be held on March 13, 2001. 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. 13-01. Section 3. 13, 2001. That the City Commission hereby sets the date of the election to be held on 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 __ day of ., 2001. ATTEST: MAYOR City Clerk NOTICE OF SPECIAL ELECTION The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes 100.342, that a special election shall be held on March 13, 2001 on the Charter change proposed b.y Ordinance No. 13-01 to wit: APPLICATION OF SEPARATE TERM LIMITS TO THE MAYOR AND COMMISSIONERS. SHOULD THE CITY CHARTER BE AMENDED TO PROVIDE THAT THERE SHALL BE A SEPARATE SIX YEAR TERM LIMIT FOR MAYOR AND A SEPARATE SIX YEAR TERM LIMIT FOR COMMISSIONERS? CITY OF DELRAY BEACH, FLORIDA PUBLISH: The News Alison MacGregor Harry City Clerk [This publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held, at least 30 days prior to the referendum date.] ORDINANCE NO. 14-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A CHARTER REVISION TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE 1II, "LEGISLATIVE", SECTION 3.01, "COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE- MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR", BY AMENDING SUBSECTION 3.01(c), TO CLARIFY THE "ONE YEAR" EXCLUSION FROM SERVING AFTER COMPLETION OF A TERM; PROVIDING FOR A REFERENDUM ON MARCH 13, 2001; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH AS FOLLOWS: Section 1. That Article III, "Legislative", Section 3.01, "Commissioner-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice-Mayor; Succession to Office of Mayor" of the City Charter of the City of Delray Beach, Florida, Chapter 25788, Laws of Florida, Special Act of 1949 and amendments thereto, be further amended by amending subsection 3.10(c) to read as follows: Section 3.01. COMMISSION-CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE[ NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYORI SUCCESSION TO OFFICE OF MAYOR. (c) The individual Commissioners and Mayor shall be prohibited from holding office for more than six (6) consecutive years. This limitation shall apply to years served by the Commissioners elected in 1993 and 1994, the Mayor elected in 1994, and every election thereafter. The term "holding office" shall be defined as serving as Commissioner or Mayor. The term "consecutive years" shall not include any years served as a result of an appointment. An individual, when term limits are reached, shall not be appointed or elected to any commission or mayoral seat before the last Thursday in March or the last Friday in March should Thursday fall on a legal holiday, of the year following the year in which his or her last term expired. Section 2. That Section 1 of this ordinance shall not be effective unless and until the same is approved by the majority of the electors of the City of Delray Beach, Florida, voting at the election to be held March 13, 2001, for the purpose of approving or disapproving Section 1 of this ordinance. If a majority of the electors voting upon such question approve the amendment, then the amendment shall be in full force and effect. If a majority of the electors voting upon such question disapprove such amendment, then the amendment shall be null and void. The question to be submitted to the electors shall be substantially as follows: ACCURACY IN CALCULATING THE "ONE YEAR" PROHIBITION ON SERVING AFTER TERM LIMITS ARE REACHED. SHOULD THE CITY CHARTER BE AMENDED TO ACCURATELY DESCRIBE THE "ONE- YEAR" PROHIBITION ON SERVING AS MAYOR OR COMMISSIONER AFTER TERM LIMITS ARE REACHED BY PROVIDING THAT THE COMMISSIONER OR MAYOR SHALL NOT SERVE IN EITHER CAPACITY BEFORE THE LAST THURSDAY IN MARCH (OR FRIDAY, IF THURSDAY IS A LEGAL HOLIDAY) OF THE YEAR FOLLOWING THE YEAR IN WHICH HIS OR HER LAST TERM EXPIRED? YES (for approval) NO (against approval) Section 3. That all ordinances or parts of ordinances in conflict herewith be, and the same are hereby repealed. Section 4. That should any section or provision of this ordinance or any portion thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof other than the part declared to be invalid. PASSED AND ADOPTED in regular session on second and final reading on this the ~ ,2001. day of ATTEST MAYOR City Clerk First Reading Second Reading 2 ORD NO. 14-01 RESOLUTION NO. 13-01 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 13, 2001, TO PROVIDE FOR A REFERENDUM ON A CHARTER CHANGE PRESENTED IN ORDINANCE NO. 14-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTWE DATE. WHEREAS, Ordinance No. 14-01 provides for clarification and a more accurate description of the "one-year" prohibition on serving as Mayor or as Commissioner when the term limits are reached; 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. 14-01 be held on March 13, 2001. 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. 14-01. Section 3. 13, 2001. That the City Commission hereby sets the date of the election to be held on 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 __ day of ,2001. ATTEST: MAYOR City Clerk NOTICE OF SPECIAL ELECTION The City of Delray Beach, Florida, hereby gives notice, pursuant to Florida Statutes 100.342, that a special election shall be held on March 13, 2001 on the Charter change proposed by Ordinance No. 14-01 to wit: ACCURACY IN CALCULATING THE "ONE YEAR" PROHIBITION ON SERVING AFTER TERM LIMITS ARE REACHED. SHOULD THE CITY CHARTER BE AMENDED TO ACCURATELY DESCRIBE THE "ONE-YEAR" PROHIBITION ON SERVING AS MAYOR OR COMMISSIONER AFTER TERM LIMITS ARE REACHED BY PROVIDING THAT THE COMMISSIONER OR MAYOR SHALL NOT SERVE IN EITHER CAPACITY BEFORE THE LAST THURSDAY IN MARCH (OR FRIDAY, IF THURSDAY IS A LEGAL HOLIDAY) OF THE YEAR FOLLOWING THE YEAR IN WHICH HIS OR HER LAST TERM EXPIRED? CITY OF DELRAY BEACH, FLORIDA Alison MacGregor Harty City Clerk PUBLISH: The News [This publication shall be made at least twice, once in the fifth week and once in the third week prior to the week in which the referendum is to be held, at least 30 days prior to the referendum date.] 100 StaeL~ 10G.342, amt m sl)eclll dec- ,~lD TO 'fl-lE TI~ AND SA~.E OF I~IE CURRENT LIBRARY LAND OWNED ~Y 1HE CrTYAS MORE FULLY IN ORDINANCE NO THE DELRAY BEACH PUBLIC UBRARY ~SSOClATION OR COMMUNr[Y REDEVELOPMENT BEACH ACi~JIRES SUBSTITLn~ L~ID~ FOR ~IE LIBRN~Y WlTHI~ Mr. Schwartz stated that the tandem parking is a residential situation which appears to not be a problem for anyone just a particular household with one car being parked in front of another. However, when referring to using these mechanical devices, Mr. Schwartz stated that people who appear to be very knowledgeable about the issue have reassured the Commission that there is not a noise problem. Mr. Schwartz agrees with Mayor Schmidt that language be inserted into the ordinance as to assure us that the noise will not irritate those people in the residential neighborhoods. In conclusion, Mr. Schwartz feels this is a very practical and progressive approach to taking care of the existing parking problem and he supports it wholeheartedly. Mrs. Archer stated that although she feels it is appropriate for someone from the Planning and Zoning Department to go and listen to the particular device, she expressed concern that a device in an open area makes a lot less noise then a device that is surrounded by walls. Furthermore, she stated that if such a device is installed between buildings, it certainly could echo back and forth and wants to make sure that staff takes this into consideration. With regard to the tandem parking for multi-family, Mayor Schmidt stated he concurs with the City Manager's recommendations. However, Mayor Schmidt stated direction is needed as whether or not to delete or modify the proposed Section 4.4.13(G)(1)(e). Mayor Schmidt stated he would support deleting the amendment. It was the majority consensus of the Commission to accept the City Manager's recommendations as it relates to tandem parking without the amendment to Section 4.4.13(G)(1)(e). Mrs. Archer moved to deny Ordinance No. 7-01 on FIRST Reading as presented this evening, seconded by Mr. Perlman. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - No; Ms. McCarthy- Yes. Said motion to deny passed with a 4 to 1 vote. 12. FIRST READINGS: 12.A. ORDINANCE NO. 10-01: An ordinance providing for a Charter revision by amending Article III, "Legislative", Section 3.06, "Vacancies; Forfeiture of Office; Filling of Vacar, cies", by repealing Subsections 3.06(C) and (D), and enacting new Subsections 3.06(C)(1) and (C)(2) to provide for the filling of a vacancy in the Office of Mayor, providing the length of the Mayor's successor's term and that of the Commissioner serving in the successor's former seat, including the manner of selection; and providing for a referendum to be held on March 13, 2001. If passed, a public hearing will be scheduled for February 20, 2001. The City Manager presented Ordinance No. 10-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, 02-06-01 - 20 - PROVIDING FOR A CHARTER REVISION TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, AND AMENDING ARTICLE III, "LEGISLATIVE", SECTION 3.06, "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES"; BY REPEALING SUBSECTION 3.06(C) AND SUBSECTION 3.06(D); BY ENACTING A NEW SUBSECTION 3.06(C)(1) AND SUBSECTION 3.06(C)(2), TO PROVIDE FOR THE FILLING OF A VACANCY IN THE OFFICE OF MAYOR, PROVIDING THE LENGTH OF THE MAYOR'S SUCCESSOR'S TERM AND THAT OF THE COMMISSIONER SERVING IN THE SUCCESSOR'S FORMER SEAT INCLUDING THE MANNER OF SELECTION; PROVIDING FOR THE RELETTER1NIG OF SECTION 3.06; PROVIDING FOR A REFERENDUM ON MARCH 13, 2001; PROVIDING A SAVINGS CLAUSE, A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 10-01 is on file in the City Clerk's Office.) RESOLUTION NO. 9-01: A resolution calling for a special election on a Charter change to be held on March 13, 2001, to provide for a referendum on the Charter change presented in Ordinance No. 10-01. The City Manager presented Resolution No. 9-01: 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 13, 2001, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 10-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 9-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. A public heating was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. -21 - 02-06-01 Mayor Schmidt declared the public hearing open. John Benneth 137 Seabreeze Avenue~ expressed concern over the sense of urgency regarding the Charter revisions and feels the Commission should not rush this through for approval without citizen input. Henr~. Williams~ 310 N.W. 3ra Avenue~ expressed concern over the proposed changes to the City's Charter and urged the Commission to let the citizens review the amendments and allow them to give their input before this is considered for approval. Jean Beer~ 2145 S.W. 26t~ Terrace~ expressed concern over the Charter revisions and suggested that the City form a Citizen Review Committee to review any proposed changes to the Charter. Jon Levinson~ 943 Evergreen Drive~ expressed concern about the sense of urgency regarding the Charter revisions. Rosetta Rolle~ 301 N.W. 3ra Avenue~ echoed the comments and concerns of the above mentioned citizens and urged the Commission not to rush into approving any Charter revisions until citizens have had a chance to review and give their input. There being no one else fi.om the audience who wished to speak on this item, the public hearing was closed. Mr. Perlman moved to deny Ordinance No. 10-01 on FIRST Reading, seconded by Ms. McCarthy. Upon roll call the Commission voted as follows: Ms. McCarthy - Yes; Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes. Said motion to deny passed with a 5 to 0 vote. 12.B. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. THIS ITEM HAS BEEN REMOVED FROM THE AGENDA. 12:C. 12.D. 12.E. ORDINANCE NO. 14-01: An ordinance providing for a Charter revision by amending Article III, "Legislative", Section 3.01, "Commission-City Manager Form of Government; Term of Office; Number; Offices of Vice-Mayor and Deputy Vice- Mayor; Succession to Office of Mayor", by amending Subsection 3.01(c) to clarify the "one year" exclusion fi.om serving after completion of a term; and providing for a referendum to be held on March 13, 2001. If passed, a public hearing will be scheduled for February 20, 2001. The City Manager presented Ordinance No. 14-01: - 22 - 02-06-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR A CHARTER REVISION TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING ARTICLE III, "LEGISLATIVE", SECTION 3.01, "COMMISSION- CITY MANAGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICES OF VICE-MAYOR AND DEPUTY VICE-MAYOR; SUCCESSION TO OFFICE OF MAYOR", BY AMENDING SUBSECTION 3.01 (c), TO CLARIFY THE "ONE YEAR" EXCLUSION FROM SERVING AFTER COMPLETION OF A TERM; PROVIDING FOR A REFERENDUM ON MARCH 13, 2001; PROVIDING A SAVINGS CLAUSE A GENERAL REPEALER CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 14-01 is on file in the City Clerk's Office.) RESOLUTION NO. 13-01: A resolution calling for a special election on a Charter change to be held on March 13, 2001, to provide for a referendum on the Charter change presented in Ordinance No. 14-01. The City Manager presented Resolution No. 13-01' AN ORDINANCE 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 13, 2001, TO PROVIDE FOR A REFERENDUM ON A CHARTER CHANGE PRESENTED IN ORDINANCE NO. 14-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. (The official copy of Resolution No. 13-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. There being no one from the audience who wished to speak on this item, the public hearing was closed. Discussion by the Commission followed. After discussion, it was the consensus of the Commission that the Commission approve a Constitutional Revision Committee pursuant to Resolution to discuss term limits and Charter revisions. - 23 - 02-06-01 Mr. Perlman moved to deny Ordinance No. 14-01 on FIRST Reading, seconded by Mr. Schwartz. Upon roll call the Commission voted as follows: Mayor Schmidt - Yes; Mr. Perlman - Yes; Mrs. Archer - Yes; Mr. Schwartz - Yes; Ms. McCarthy - Yes. Said motion to deny passed with a 5 to 0 vote. 12.F. ORDINANCE NO. 15-01: An ordinance designating the Water House located at 916 and 918 N.E. 5th Street as a local historic site and adding it to the Local Register of Historic Places. If passed, a public hearing will be scheduled for February 20, 2001. The City Manager presented Ordinance No. 15-01: AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, DESIGNATING THE WATER HOUSE LOCATED AT 916 AND 918 NORTHEAST 5th STREET, AS MORE PARTICULARLY DESCRIBED HEREIN, AS A LOCAL HISTORIC SITE TO BE LISTED IN THE LOCAL REGISTER OF HISTORIC PLACES; PROVIDING A GENERAL REPEALER CLAUSE, A SAVING CLAUSE, AND AN EFFECTIVE DATE. (The official copy of Ordinance No. 15-01 is on file in the City Clerk's Office.) The City Attorney read the caption of the ordinance. A public hearing was held having been legally advertised in compliance with the laws of the State of Florida and the Charter of the City of Delray Beach, Florida. There being no one from the audience who wished to speak on this item, the public hearing was closed. Paul Dorling, Plannint~ Director~ stated the Water House was constructed in the resort cottage style, which emerged in the City during the 1930's. Water House provides cultural significance as it exemplifies the historical, political, economic and social trends reflected in Delray Beach during the years of the Great Depression when the more ostentatious building styles of the Florida Boom years were considered inappropriate. Pursuant to Section 4.5.1 (C)(6), after conducting the public heating, if the Board finds that the nomination fulfills the proper designation criteria and all procedures have been followed correctly, it shall vote on the designation. The City Commission considers the recommendation through its standard ordinance adoption procedures. Three affirmative votes of the City Commission is necessary to pass the designation request except in the event that a directly affected property owner objects to the historic designation, in which case a super majority vote of four votes is required. - 24 - 02-06-01