Ord 12-01DENIED ON FIRST READING - February 6, 2001
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 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 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 FIIJ. 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 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 Dekay Beach, Florida, Chapter
25788, Laws of Florida, Special Act of 1949 and amendments thereto, be further amended by
mending 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 Mayor shall be prohibited from holding
office for more than sm (6) consecutive years. This lirmtation 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 ycaza 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 effecuve unless and until the
same ~s 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 SHAIJJ 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 m 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 vahdity of the remainder hereof as a whole or part thereof other than
the part dedared to be invalid.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of ,2001.
ATTEST
MAYOR
City Clerk
First Reading
Second Reading
February 6, 2001 - DENIED
2
DENIED ON FIRST READING - February 6, 2001
ORD NO. 12-01