Ord 11-01DENIED ON FIRST READING - February 6, 2001
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 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 PROVIDE AN EXCEPTION TO
TERM LIMITS TO A 1.1 .OW 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 FAIJ.S 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 FOI J.OWS:
Section 1. That Article III, "Legislative", Section 3.01, "Commissioner-City Manager Form
of Government; Term of Office; Number; Offices of V~ce-Mayor and Deputy V~ce-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 Commass~oners 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 limitalaon shall apply to years served by the
Commissioners elected m 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 "consecutave 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 comrmssion 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:
EXCEPTION TO TERM LIMITS WHEN THE TERM LIMIT FALLS DURING 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
day of ,2001.
ATTEST M A Y O R
City Clerk
First Reading February 6, 2001 - DENIED
Second Reading
2
DENIED ON FIRST READING - February 6, 2001
ORD NO. 11-01