Ord 14-01DENIED ON FIRST READING - February 6, 2001
ORDINANCE NO. 14-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DF.I.RAY 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.
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-MAYOR; SUCCESSION TO OFFICE OF MAYOR.
(c) The individual Commtssioners 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 eleclaon
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 hst Friday in
March should Thursday fall on a legal hohday, 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 m 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 SHAI,I, 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 vahdity 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.
ATI'EST
MAYOR
City Clerk
First Reading February 6, 2001 - DENIED
Second Reading
2
DENIED ON FIRST READING - February 6, 2001
ORD NO. 14-01