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Ord 62-01ORDINANCE NO. 62-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY REPEALING ARTICLE III, "LEGISLATIVE", AND ENACTING A NEW ARTICLE III, "LEGISLATIVE", TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH BY REPEALING ARTICLE VIII, "MUNICIPAL COURTS", AND AMENDING REMAINING ARTICLES I, II, IV, V, VI, AND VII TO CLARIFY, DELETE OBSOLETE REFERENCES, CORRECT GRAMMATICAL ERRORS, REORGANIZE AND TO ENHANCE THE CHARTER'S "READABILITY"; PROVIDING FOR A REFERENDUM; PROVIDING FOR A REPEALER CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission established a Charter Review Committee to review the City's Charter; and WHEREAS, the City Commission sought input from the Community as to potential Charter revisions; and WHEREAS, the City Commission, after a review of many proposals, has decided to put the Charter amendments set forth in this Ordinance to a vote of the electorate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the Revised Charter of the City of Dekay Beach, which consists of a Table of Contents, Articles 1 through VII inclusive, Pages 1 through 28, inclusive, which is attached hereto and is hereby incorporated as if fully set forth herein, Chapter 25786, Laws of Florida, Special Acts of 1949 and amendments thereto is further amended by adopting the Revised Charter. The Revised Charter repeals Article III, "Legislative", and enacts a new Article III, "Legislative", and repeals Article VIII, "Municipal Courts", and amends remaining Articles I, II, IV, V, VI, VII which shall read as set forth in Attachment "A" hereto. The Revised Charter shall be submitted to a referendum of the electors of the City of Delray Beach, Florida, March 12, 2002. Attachment "A" Section 2. That this ordinance shall not be effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election for the purpose of approving or disapproving 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 on the question disapprove, then the amendment shall be null and void. The question to be submitted to the electors at such election shall be substantially as follows: Question One CHARTER REVISION CLARIFYING, REORGANIZING, AND ENHANCING THE "READABILITY" OF THE CHARTER. AN AMENDMENT REVISING THE CITY OF DELRAY BEACH CHARTER BY REORGANIZING, CORRECTING GRAMMATICAL ERRORS, CLARIFYING CERTAIN PROVISIONS, DELETING OBSOLETE TERMS, AND MAKING THE CHARTER EASIER TO READ, AS PROVIDED IN ORDINANCE NO. 62-01. SHALL THE ABOVE.DESCRIBED CHARTER AMENDMENT BE ADOPTED? YES (for approval) NO (against approval) Section 3. That upon approval of this ordinance by the majority of electors voting at the election, all ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this ordinance. Section ar. That if any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 5. That this ordinance shall become effective upon passage on second and final reading and in accordance with Section 2. 2 ORD NO. 62-01 eYa~'''~/day P,~SSED AND ADOPTED in regular session on second and final reading on this the of _~ ...... ,2001. ATTEST: City Clerk First Reading __~ MAYOR Second Re a d in g~.-_~_, _~_ _ _O5~ 3 ORD NO. 62-01 Section 1.01 1.02 1.03 CHARTER TABLE OF CONTENTS DELRAY BEACH, FLORIDA ARTICLE I - CREATION AND POWERS Establishment and Continuation of the City of Dekay Beach Powers Construction Charter Revision 12/10/01 2.01 2.02 2.03 ARTICLE H - CORPORATE LIMITS Corporate Limits Boundaries and Territory of Greater Delray Beach Area Voluntary Annexation of Territory by Ordinance ARTICLE III - LEGISLATIVE .02 3.01 3.02 3.03 3.04 3.05 3.06 3.07 3.08 ~5.09 3.10 3.11 3.12 3.13 3.14 3.15 .. c .... re Fora of Gov~ent City Comssion: Compositi0~ Eli~biliW, Election, ~d Terns Qualifications of C~didates; Election ~smption of Office; Org~zafional Meet~g Oath of Office Mayor, Vice-Magor, ~d D~uW Vice-Ma~or Foffei~e of Office Vat.ties; Filling of Vac~cies T~ Limits Compensation ~d Expenses ~o~bitions ~ocedure Co~i ssion ~vesti gations Pl~ng ~d Zoning Bo~d ~d Bo~d of Adi~tment Alienation of Public Beaches Charter Revision 12/10/01 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 ARTICLE IV - ADMINISTRATIVE-EXECUTIVE City Manager Appointment; Removal; Compensation Acting City Manager Powers and Duties of the City Manager Budget Procedure Supervision of Departments Legal Counsel Legal Counsel Appointment, Removal and Compensation Duties of Legal Counsel DELRAY BEACH - CHARTER TABLE OF CONTENTS 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 ARTICLE V - ELECTIONS Electors Types of Elections Form of Ballots Elections Generally Returns of Elections Judge of Election and Qualification Special Elections Straw Vote Elections Recall 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 ARTICLE VI - INITIATIVE, REFERENDUM Initiative Referendum Commencement of Proceedings Form of Petitions Procedure for Filing Referendum Petitions; Suspension of Effect of Ordinance Action on Petitions Result of Election 7.01 7.02 7.03 7.04 ARTICLE VII - TRANSITION SCHEDULE Continuation of Former Charter Provisions Ordinances Preserved Rights of Officers and Employees Pending Matters Charter Revision 12/10/01 7.05 7.0-76_ Obligation of Contracts Preserved Deletion of Obsolete Schedule Items DELRAY BEACH CHARTER Editor's Note: This Charter has been amended to reflect and change the name designation of the legislative body from City Council to City Commission and of City Council Members to City Commissioners, pursuant to Ordinance No. 56-88, passed 6/28/88. ARTICI~ I. CREATION AND POWERS Section 1.01. ESTABLISHMENT AND CONTINUTATION OF ~ CITY OF DELRAY BEACH. The City of Delray Beach, established and organized by Chapter 25786, Laws of Florida, Special Acts of 1949, as amended, shall continue as a Florida municipal corporation. (Ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76) Section 1.02. POWERS The City of Delray Beach shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. (Ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76) Section 1.03. CONSTRUCTION. The powers of the City shall be construed liberally in favor of the City., "Lmit.~d only bir hm ..... on., ccnta/nzd ......... Special Acts of the Florida Legislature pertaining to the jurisdiction and exercise of powers by this City shall be considered amendments to this C_.sharter and ~ incorporated as official amendments to the C_.eharter. (Ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76) /kRTICLE H. CORPORATE LIMITS Section 2.01. CORPORATE LIMITS. The boundaries and corporate limits of the City of Delray Beach now existing are continued and may be amended from time to time as provided by law. The boundaries and corporate limits shall be shown on a map maintained in the Planning and Zoning Department. (Ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76) Charter Revision 12/10/01 Section 2.02. ~OL,,rNL~,~°2E£ ,'_%:'L~ TEP~VTOP,¥ OF CP, EA,'I~ DELRAY BEACH PLANNING AREA. shorn ~ ~e Comprehensive PI~, shall be shorn on a map m~ned ~ ~e Pl~ng ~d Zo~ng Dep~ent. ~ose potions of ~e pl~ng ~ea not now a pm of ~e co, orate boodles ma~ be ~cluded b~ ~exation ~ prohded by law. (~d. No. 4-76, p~sed 2/23/76; Approv~ at Refermdm 2/2/76) *Editor's Note: Ordinance No. $4-85, passed on 9/9/85 and approved by the voters at a referendum election held 11/4/85, provides for the passage of the 'Delray Beach Enclave Act (Chapter 86- 427, Laws of Florida), "definitions of enclave and of the general boundaries of the city, and annexation of said enclaves within the boundaries of the City as same existed on February 28, 1986. Section 2.03. VOLUNTARY ANNEXATION OF TERRITORY BY ORDINANCE ~,~x ,,',.n; ..... +^ '"-°~:- ~' .... '~ .... '~' .... ° V luntary ti h II i x..,/ ........ O ~lnexa on $ a occur n accordance with state law. Any r.'.:gh annexing ordinance shall state that the boundaries of the City of Delray Beach are redefined so as to include the tract or tracts of land so being annexed. *Editor's Note: See F.S. Section 171.044 Cha~er Revision 12/10/01 ARTICLE m. LEGISLATIVE Charter Revision 12/10/01 6 Charter Revision 12/10/01 Charter Revision 12/10/01 Clmrt~r Revision 12/10/01 ARTICLE ITl. LEGISLATIVE Section 3.01. FORM OF GOVERNMENT The City of Delray Beach shall operate under the City Commission-City Manager form of government. All legislative powers of the City shall be vested in the City Commission. Section 3.02. CITY COMMISSION: COMPOSITION~ ELIGIBILITY~ ELECTION~ AND TERMS (a) Composition and Term. The City Commission shall be composed of five Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at large for a term of two (2) years in the manner provided in this Charier. fo) Stae,ered Terms. Two (2) Commissioners shall be elected in even-numbered years, and two (2) Commissioners shall be elected in odd-numbered years. The Mayor may bc elected in an even or odd-numbered year. (c) Length of Mayor's Term. The Mayor shall be elected for a two-year term, whether by regular election or election to fill a vacancy in the office of Mayor. (d) Vacancies. In the event of vacancies, successors shall be appointed or elected in the manner provided in this Charter. Charter Revision 12/10/01 Section 3.03. QUALIFICATIONS OF CANDIDATES~ ELECTION (a) Regulation of Qualifications. The qualifications, time, manner, and costs of qualifying as a candidate for Mayor or Commissioner shall be regulated by Chapter 34 of the Code of Ordinances of the City. (b) Filine of Candidate Petitions. All candidate petitions shall be filed with the City Clerk no earlier than noon on the last Tuesday in January_ and no later than noon on the second Tuesday in February of the calendar year in which the election will be held. (c) Names of Candidates. The City Clerk shall deliver the names of all candidates and the offices for which they have filed, to the Supervisor of Elections no later than 5:00 p.m. on the first Friday after the close of qualifying. Section 3.04. ASSUMPTION OF OFFICE~ ORGANIZATIONAL MEETING (a) Assumption of Office. The successful candidates for Mayor and Commissioners shall assume office on the last Thursday in March following their election. The Commission shall hold an organizational meeting immediately thereafter, and shall select from the Commissioners other than the Mayor, a Vice-Mayor and a Deputy Vice-Mayor. These two officials shall serve in their respective capacities at the pleasure of the Commission until the organizational meeting of the following year. (b) Assumption of Office for Appointees. A person appointed to fill a vacancy or a person selected at a special election to fill a vacancy shall assume office at the first regular meeting of the Commission after being so appointed or elected. Section 3.05. OATH OF OFFICE Before assuming their respective offices, the Mayor and Commissioners shall each take and subscribe the following oath: "I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida and of the City of Delray Beach; that I am duly qualified to hold office under the laws of the State of Florida and the Charter and laws of the City of Delray Beach, and that I will well and faithfully perform the duties of {Mayor} {Commissioner} of the City, upon which I am about to enter. (So help me God.)" l0 Cl~tcr Revision 12/10/01 Section 3.06. MAYOR~ VICE-MAYOR~ AND DEPUTY VICE-MAYOR Ia) Duties of the Mayor. The Mayor shall preside at meetings of the Commission and represent the City in intergovernmental relationships. The Mayor shall be recognized as the head of the City government for all ceremonial purposes, service of process and by the Governor for purposes of military law. The Mayor shall execute contracts, deeds, intergovemrnental agreements and certifications, and other documents on behalf of the City, but shall have no administrative duties except as required to cm'W out the foregoing responsibilities. Co) Duties of the Vice-Mayor. In the absence or disability of the Mayor, the Vice- Mayor shall serve as Mayor, possessing all the powers, duties, and prerogatives of the Mayor. (c) Duties of the Deputy Vice-Mayor. While the Vice-Mayor is serving as Mayor, or in the absence or disability of the Vice-Mayor, or should the Vice-Mayor refuse to perform the duties imposed by law, the Deputy Vice-Mayor shall have all the powers, duties, and prerogatives of the Vice-Mayor. (d) No Veto Power. The Mayor, Vice-Mayor, and Deputy Vice-Mayor shall each have a voice and a vote in the proceedings of the Commission, but no veto power. Section 3.07. FORFEITURE OF OFFICE (a) Forfeiture of Office. Any Commissioner, including the Mayor, shall forfeit the office if that Commissioner or Mayor: (1) Ceases to possess the required qualifications; or (2) Shall be convicted of a felony; or (3) Violates any standard of conduct or code of ethics established by law for public officials, as determined by a maiofity vote of the remaining Commissioners and Mayor; or (4) Fails to attend four (4) consecutive regular Commission meetings, unless excused for good cause by a maiority vote of the remaining Commissioners and Mayor. (b) Declaration of Vacancies. It shall be the duty of the remaining Commissioners to declare the office vacant as a result of forfeiture and to fill the vacancy as provided in this Charter. ~ection 3.08. VACANCIES~ FILLING OF VACANCIES The office of a Commissioner, including the Mayor. shall become vacant upon the incumbent's death, resignation, forfeiture, or removal bom office in any manner authorized by law. Any vacancy in the membership of the Commission, other than at the close of a regular term, shall be filled according to the following procedure. (a) Vacancy in Office of Commissioner. In the event of a vacancy other than in the office of the Mayor, the remaining Commissioners, including the Mayor, shall appoint, by a maiority vote, a qualified person to fill the vacancy. 11 Charier Revision 12/10/01 (1) If the term of office in which the vacancy occurs expires on the last Thursday in March following the next regular City election, the person so appointed shall only serve until that date. (2) If the vacancy occurs sixty (60) or more days preceding the date of the next regular City election, and if the term of office in which the vacancy occurs does not expire on the last Thursday in March following that election, the person so appointed shall serve until the last Thursday in March and the remainder of the unexpired term shall be filled at that election. (3) If the vacancy occurs less than sixty (60) days preceding the date of the next regular CiW election, and if the term of office in which the vacancy occurs does not expire on the last Thursday in March following that election, the person so appointed shall serve for the entire remainder of the unexpired tenn. (4) If a maiority of the remaining Commissioners, including the Mayor, are unable to agree, after two (2) regular meetings, upon the appointment of an individual to fill a vacancy. The Commission shall call a special election to fill the vacancy. The special election shall be held within sixty (60) calendar days of the second regular meeting. (b) Vacancy in the Office of Mayor. (1) If a vacancy occurs in the office of Mayor, an election shall be held as provided in this Charter. (2) If there is a vacancy in the office of Mayor, the Vice-Mayor shall automatically succeed to the office of Mayor and shall serve as Mayor until the last Thursday in March following the next regular City election. Thereafter, the Commissioner so serving as Mayor by succession shall return to his or her former seat and complete the remainder of his or her Commission term, if any part of such term remains unexpired. (3) The succession to the office of Mayor by the Vice-Mayor shall creme a vacancy in the Commission which shall be filled in the manner set forth in this Charter, and the Commissioner so serving in the Vice-Mayor's old seat shall serve for the entire unexpired portion of the original Mayor's term of office. {4) If the Vice-Mayor is unable or unwilling to succeed to the office of Mayor, then the Deputy Vice-Mayor shall succeed to the office of Mayor. If the Deputy Vice- Mayor is unable or unwilling to succeed to the office of Mayor, the Commission shall then select a Mayor from the remaining Commissioners. If the Commission is unable to select a Mayor by the end of the second regular meeting after the vacancy then a special election shall be held for the election of the Mayor. (5) If a vacancy occurs in the office of Vice-Mayor, the Deputy Vice-Mayor shall automatically become Vice-Mayor and a new Deputy Vice-Mayor shall be selected by the 12 Charter Revision 12/10/01 Commission. If a vacancy occurs in the office of Deputy Vice-Mayor, the Commission shall then select a new Deputy Vice-Mayor. (c) Extraordinary Vacancies. In the event that all members of the Commission are removed by death, disability, resignation or forfeiture of office, the Governor shall appoint a Commission, including a Mayor, with full Commission powers. Thc interim Commission shall then call a special election, as provided under this Charter, to fill the appointed offices. The special election shall be held not more than ninety (90) days a~er appointment of the interim Commissioners. Section 3.09. TERM LI]VflTS (..a) Term Limits. Individual Commissioners, including the Mayor, shall be prohibited fi.om holding office for more than six (6) consecutive years. The term "holding office" shall be defined as serving as Commissioner or Mayor. The term "consecutive years" shall not include any time served as a result of an appointment. (b) One Year Hiatus. A person who has served the maximum amount of consecutive time allowed by this Charter as a Commissioner or Mayor shall not assume office again until the last Thursday in March of the year following the expiration of his or her term of office. Section 3.10 SALARIES AND EXPENSES (a) Salaries. The Commission may determine the annual salaries of the Mayor and individual Commissioners by ordinance. No ordinance increasing the Mayor or Commissioner salaries shall become effective until the assumption of office of the Commissioners or Mayor elected at the next regular City election, provided that election follows adoption of the ordinance by at least six (6) months. (b) Actual Expenses. Commissioners, including the Mayor, shall receive their actual and necessary expenses incurred in the performance of their duties, as provided by law. Section 3.11. PROHIBITIONS (a) Appointment or Removal of Employees. Neither the Commission, nor any of its members, shall in any manner control the appointment or removal of any City officers or employees whom the City Manager or any of his or her subordinates are empowered to appoint. The Commission or any of its members may, however, express views and fully and freely discuss with the City Manager anvthin~ pertaining to the appointment and removal of these officers and employees. (b) Direction to Employees. Except for the purpose of inquiries and investigations, the Commission and its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager, solely through the City Manager. Neither the Commission nor its members shall give orders to any of those officers or employees, either publicly or privately. The foregoing does not prohibit individual members of the Commission 13 Charter Revision 12/10/01 from closely scrutinizing, by questions and personal observations, any aspect of City_ government operations in order to obtain information to assist in formulation of commission policies. Recommendations for improvement in City government operations shall, however, be made to and through the City Manager, so that he or she may coordinate the efforts of all City departments. (e) Holding City Office or Employment. No former member of the Commission shall, within the City_, hold any compensated appointive City office or employment with the City until one (1) year after the expiration of the term for which he or she was elected or appointed. Section 3.12. PROCEDURE (a) Meetines. The Commission shall meet regularly at least twice a month at times and places that the Commission prescribes by rule or otherwise. Special meetings may be held on the call of the Mayor or of a majority of' the Commission. Whenever practicable, there shall be at least twelve (12) hours notice of a special meeting to individual members of the Commission and to the public. (b) Rules. The Commission shall determine its own rules and order of business. (c) Voting. Voting on ordinances, resolutions, and motions shall be by roll call and shall be recorded in the minutes. Three (3) members of the Commission shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Commission. No action of the Commission, except as otherwise provided in the preceding sentence or in Sections 3.07 and 3.08 of this Charter, shall be valid and binding unless adopted by the affirmative vote of three (3) Commissioners. Section 3.13. COMMISSION INVESTIGATIONS Upon direction from the Commission, the City Clerk shall have the power to issue any writs, processes, and subpoenas needed to facilitate any investigation convened by the Commission for a municipal purpose. ~ection 3.14. PLANNING AND ZONING BOARD AND BOARD OF ADJUSTMENT. ia) Planning and Zonine. The Commission has created and shall, in the interest .of the public health, safe_W, order, convenience and general welfare, maintain by ordinance a Planning and Zoning Board to make recommendations to the Commission. Co) Board of Adlustment. The Commission has created and shall maintain a Board of Adjustment, whose decisions may be appealed pursuant to general law. (Ord. No. 4-76, passed 2/23/76, ApProvedat Referendum 2/2f76) 14 Charter Revision 12/10/01 Section 3.15. ALIENATION OF PUBLIC BEACHFS. The Commission shall not in any manner alienate from the public, the public beach, lying between the north and south boundaries of Section 16, Township 46 South, Range 43 East, or any part thereof, of the City of Delra¥ Beach, Florida. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) ARTICLE IV. ADMINISTRATIVE-EXECUTIVE Section 4.01. CITY MANAGER. There shall be a City Manager who shall be the chief administrative officer of the City. He or she shall be responsible to the Commission for the administration of all City affairs placed in his or her charge by or under this C_.eharter and such other duties as may be required by the Commission. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 4.02. APPOINTMENT~ REMOVAL~ COMPENSATION. (a) Appointment. The Commission shall appoint a City Manager for an indefinite term by majority vote of the Commission, to serve at the pleasure of the Commission. Co) Removal. The City Manager shall only be terminated by the City Commission upon the casting of four (4) affirmative votes in favor of such termination. Said vote shall not take place except at a public hearing which has been duly noticed seventy-two (72) hours in advance of the meeting at which the vote takes place. (c) Replacement. Upon the death, resignation, or termination of the City Manager, the Commission shall appoint an Acting City Manager and thereafter, within a reasonable time, appoint a regular City Manager. (d) Compensation. The compensation of the Manager shall be fixed by the Commission and shall not be reduced during this appointment. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 8-83, passed 1/25/83, Approved at Referendum 3/1/83; Am. Ord. No. 37-90, passed 8/28/90, Approved at Referendum 11/6/90) ' ~ection 4.03. ACTING CITY MANAGER. By letter filed with the Commission, the Manager shall designate, subject to approval of thc Commission, a qualified City administrative officer to exercise the powers and perform the duties of Manager during his or her temporary absence or disability. During such absence or disability, the Commission may revoke such designation at any time and appoint another officer of thc City to serve until the Manager shall return or his or her disability shall cease. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) 15 Chatter Revision 12/10/01 Section 4.04. POWERS AND DUTIES OF ~ CITY MANAGER. (a) Powers of the City Manager. The City Manager shall have the following powers and duties: (a-) 1. Appoint and, when he or she deems it necessary for the good of the City, suspend or remove all City employees and appointive administrative officers provided for by or under this _Ceharter, except as otherwise provided by law, this Ceharter or personnel rules adopted pursuant to this Ceharter. All appointments and promotions of City officials and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence, t-te The City Manager may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency. x,,/_2. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this C_.eharter or by law. 3__:. Attend all Commission meetings and shall have the right to take part in discussion~ but may not vote. ,axx..j _4. See that all laws, provisions of this _Ceharter and acts of the Commission, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed. (-e-) 5_. Submit to the Commission and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. (-0 6_. Make such other reports as the Commission may require concerning the operations of City departments, offices and agencies subject to his or her direction and supervision. (-g) 7_. Keep the Commission fully advised as to the financial condition and future needs of the City and make such recommendations to the Commission concerning the affairs of the City as he or she deems advisable or as the Commission may require. OO 8_. Sign contracts on behalf of the City pursuant to the provisions of this C_eharter, provisions of appropriation ordinances and where authorized by ordinance, resolution or by motion (see section 4.09). (4-) 9_. Perform such other duties as are specified in this Ceharter or may be required by the Commission. (b) Prohibition. The City Manager shall not adopt and provide .n/~-e personnel policies or personnel rules adopt~ pursuant to this C_eharter z.~all r. ot that apply to ncr be mah~a6n~X..-~ any of the City's employees who are covered by a collective bargaining agreement '::?d. eh that is subject to renegotiation, unless otherwise expressly provided in said personnel policies, personnel rules~.or collective bargaining agreement. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) 16 Charter Revision 12/10/01 Section 4,.0S. BUDGET PROCEDURE. (a) Fiscal Year. The fiscal year of the City shall begin on the first day of October, and end on the thirtieth day of September of the following year. Such year shall constitute the budget year of the City government, and whenever the word year appears in this Ceharter it shall be construed as meaning the fiscal year of the City unless otherwise indicated. (b) Budnet Submission. The City Manager shall submit his or her recommended budget for the ensuing fiscal year to the Commission on or before the first regular meeting in August. Complete copies of the proposed budget shall be on file and available to the public for inspection during office hoUrs in the office of the City Clerk, commencing the following business day. (c) Budget Document Requirements. The budget document shall present a complete financial plan for the ensuing fiscal year. It shall include, at least, the following information: (1) ~'- · ...... --r,----" ,,-r------=-a" ..... .,,. Detailed estimates of all pwposed expenditures for each department and office of the City. showing the expenditures for corresponding items for the last preceding and current fiscal years with reasons for increases and decreases recommended, as compared with appropriations for the current year; (2) B__.,..,.__.,_ ---.. ~ ...-..-o. .*= "-s"- -' - ""' Statements of the bonded and other indebtedness of the City, showing the debt reduction and interest requirements, the debt authorized and unissued, and the conditions of the sinking funds, if any; (3) · =o;.,-.o.a ~ ..... Detailed estimates of all anticipated income of the City from sources other than taxes and borrowing, with a comparative statement of the amounts received by the City from each of the same or similar sources for the last preceding and current fiscal years; (4) ~"!"---:: ::' d:fi:!t. A statement of the estimated balance or deficit, as the case may be, for the end of the current fiscal year; (5) :Fia+s. An estimate of the amount of money to be raised from current and delinquent taxes, and the amount to be raised from bond issues which, together with income from other sources, will be necessary to meet the proposed expenditures; (6) '~'~'"-v.-.,. _.,,.*-" .... _.=..,,=.'~"- Such other supporting schedules as the Commission may deem necessary. (d) Public Henrini. A public hearing on the budget shall be held on the first regular Commission meeting in September of each year. Notice of such public hearing shall be published at least one week in advance by the City Clerk. A condensed copy of the proposed budget shall be published. (e) Budget Adot)tion/Aooropriations. At the second regular Commission meeting in the month of September of each year, the Commission shall, by resolution, adopt the budget 17 Charter Revision 12/10/01 for the next fiscal year, and shall, in such resolution, make an appropriation for the money needed for municipal purposes during the ensuing fiscal year of the City, and provide for a levy of the amount necessary to be raised by taxes upon real and personal property for municipal purposes, which levy shall not, for the general operating expenses of the City, in ,any event exceed the mileage limitation as provided by state law on the assessed valuation of all real and personal property subject to taxation in the City. Should the Commission take no final action during said meeting, the budget as submitted, shall be deemed to have been finally adopted by the Commission. (f) Ex~eudimres. No money shall be drawn from the treasury of the City.nor shall any obligation for the expenditure of money be incurred, except pursuant to the budget appropriations. The Commission may transfer any unencumbered appropriation balance, or any portion thereof, from one department, fund or agency to another. The balance in any appropriation which has not been encumbered at the end of the fiscal year shall revert to the Oeneral Fund and be reapproprial~d during the next fiscal year. (g) Financial Data. At the beginning of each quarterly period during the fiscal year, and more often if required by the Commission, the City Manager shall submit to the Commission data showing the relation between the estimated and actual income and expenses to date; and if it shall appear that the income is less than anticipated, the Commission shall reduce appropriations, except amounts required for debt and interest charges, to such a degree as may be necessm'y to keep expenditures within the income. (h) Deposits/Depositories. The Commission shall designate the depository or depositories for City funds, Shall provide for the regular deposit of all City monies, and shall provide for the proper security of all City deposits. (i) Audit. An independent audit shall be made of all accounts of the City government at least annually, and more frequently if deemed necessary by the Commission. Such audit shall be made by certified public accountants experienced in municipal accounting, and who shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or of any of its officers. The ~:ondensed audit shall be published within thirty (30) days after receipt of the same. An annual report of the City business shall be made available to the public by the City Manager in such form as will disclose pertinent facts concerning the activities and finances of the City government. ~ecti0n 4.06. SUPERVISOR OF DEPARTMENTS With the approval of the Commission, the Manager may serve as the head of one or more departments, offices, or agencies or may appoint one person as the head of two (2) or more of (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 4.07. LEGAL COUNSEL There shall be a City Attorney and such assistant city attorneys and special counsel as the Commission shall deem necessary. They shall be responsible to the Commission for all legal matters of the City placed in their charge by or under this _Ceharter and such other duties as may be required by the City Commission. 18 Charter Revision 12/10/01 (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 4,08, LEGAL COUNSEL APPOINTMENT~ REMOVAL AND COMPENSATION. (a) Appointment. The Commission shall appoint a City Attorney, such assistant city attorneys and special counsel as may be deemed necessary. The City Attorney and assistant city attorneys, if any, shall be appointed by Commission for an indefinite term by majority vote of the C i i +~.~_, ........ ,-,~A__:~.:~_ Sp il y b °mm ss °n.,*~'~ '~:"' ^" .....°",.~.~°....~v ............ ,~,,a ......... j ,,, * ;,~ eca counsel ma e appointed as the need arises ..-n ~.~. ..... . ,~.. _, ........ ~'o,.. ,~----:~.;~- (b) Removal. The City Attorney and special counsel, at all times, shall hold office at the pleasure of a majority of the Commission. Assistant city attorneys may be removed with or without cause by the City Attorney. (c) Compensation. The Commission may, from time to time, fix the regular compensation of the City Attorney, and assistant city attorneys, if any, at a sum commensurate with the duties which may be imposed on them by this Ceharter and by the Commission; provided, that all special or unusual services required of the City Attorney and assistant city attorneys, if any, may be specially compensated as the Commission may see fit to provide. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76); Am. Ord. No. 9-83, passed 1/25/83, Approved at Referendum 3/1/83) Section 4.09. DUTIES OF LEGAL COUNSEL. (a) Duties. The City Attorney with the assistance of the City Clerk shall prepare all ordinances, all contracts and other instruments in writing in which the municipality is concerned, or shall endorse on each, his or her approval as to form. No contract with the municipality shall be binding upon the municipality until the City Attorney has endorsed his or her approval thereon, and this provision shall be strictly construed by all courts of this _Sstate. When required by the Commission, the City Attorney shall prosecute and defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party. Co) Opinions. The City Attorney shall furnish the Commission, City Manager, and department heads his or her opinion on any questions of law relating to their respective powers and duties; and he or she shall perform such other professional duties as may be required of him or her by ordinance, resolution or motion of the Commission, by this Ceharter~ or by special acts. (c~ Assistant City Attorneys. Assistant city attorneys shall perform those duties assigned them by the City Attorney. (d) Special Counsel. Special counsel shall perform those duties assigned them by Commission. 19 Char~ Revision 12/10/01 ARTICLE V. ELECTIONS Section 5.01. ELECTORS. Any person who is a resident of the municipality, who has qualified as an elector of this Sstate, and who registers in the procedural manner prescribed by general law and ordinance of the municipality, shall be a qualified elector of the municipality. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) ,,,Section 5.02. TYPES OF ELECTIONS. Elections to be held in the City shall all be conducted on a nonpartisan basis without regard for or designation of political party affiliation. (a) Date of Nonpartisan Election. Nonpartisan elections shall be held on the second Tuesday in March of each year. ~'^- '~' ......... "~':-~..~,, .. ~, v~'.. ..... ~..~,~ r,:... ~,,~ .... , ~,.. ~.~,~.~ Co) Ties. In case of a tie in the nonpartisan election, a second nonpartisan election shall be held. (c) Special Election. All other municipal elections that may be held by authority of this Ceharter, or of any law, shall be known as special elections. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 7-83, passed 1/25/83, Approved at Referendum 3/1/83; Am. Ord. No. 79-91, passed 11/19/91, Approved at Referendum 3/10/92) Section $.03. FORM OF BALLOTS. (a) Arrangement of names on ballot. The names of the candidates for each Commission office seat and for the office of Mayor shall be arranged separately and alphabetically and nothing on the ballot shall be indicative of the source of the candidacy of any candidate. Co) Ballot Title. A charter amendment, initiative petition or referendum ordinance to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ fi.om its legal title and shall be a clear, concise statemem describing the substance of the measure without argument or prejudice. ~' .... (c) Ballot Form. Immediately below the ballot question shall appear the word "yes" and the word "no" with a blank space thereafter to indicate the voter's choice. The word "yes" shall mean the question is approved. The word "no" shall mean the question is not approved. ,'.'. ....... '-.'.,'"." ....... '." '" "."'-'.'.' '-'" ..... "' '"'""' vl'-'l''~ ..... '"'~' 'l".l"'""'"'" '""' '"'~"' ...... J-'P'-"-' ..... "' "' ....~ 2O Charte~ Revision 12/10/01 (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 99-85, passed 9/24/85, Approved at Referendum 11/5/85) Section 5.04. ELECTIONS GENERALLY. (a) Number of votes per elector. Each elector shall be entitled to vote for each of the vacant seat numbers for the office of Commissioner and shall also be entitled to one vote for a candidate for the office of Mayor when there is a vacancy in that office; provided, however, no elector shall be entitled to cast more than one vote for any candidate. (b) Highest number of votes to elect in first nonpartisan election. (4-) In a nonpartisan election, a candidate for each of the seats on the ballot for the offices of Commissioners or for the office of Mayor who r~ceives the highest number of votes even, if it is not a majority of the votes cast by all electors casting ballots for that office shall be declared to be elected :c. °~'~ ............ ~w.~ ~-,.. whi c~ h~., ........... ~r :h e` :' .... a;.~o~., pro vided, however, notwithstanding the foregoing provision, should two or more candidates tie for the highest number of votes from all electors casting ballots for that seat for Commissioner or for the office of Mayor, then the candidates receiving the highest number of votes shall be declared candidates for the second nonpartisan election. (-2-) (c) If One Person Qualifies for a Seat. In the event that not more than one person qualifies as a candidate for each of the seats for the offices of Commissioners or for the office of Mayor in the nonpartisan election, then an election shall not be held. Each candidate shall be deemed to have voted for himself or_ herself..; (d) If No Person Qualifies. If no person qualifies as a candidate for any particular seat for the office of Commissioner or for the office of Mayor, then those seat(s) ,~----;--; ...... ~'~..~.~ ~m~ ^t~ ..... shall be declared vacant and it shall be the duty of the members of the Commission who are seated following the organizational meeting provided for in Section 2.0! 3.04 of this C.._~harter, by majority vote to appoint a qualified person to fill the vacancy.~,,.,,.e"~' ,... ...... =r~--,-----~-.;~+~'~ The member(s) appointed to fill a vacancy oga-seat-~ _in the office of Commissioner or the office of Mayor shall serve as provided by Section 3.08 of this Charter. for article, F (~) (e) Candidates for second nonpartisan election. (1) In the second nonpartisan election, there shall be on the ballot those candidates for seats for the office of Commissioner or for the office of Mayor for those offices wherein candidates tied for the highest number of votes from all electors casting ballots for that seat or office in the first nonpartisan election. The names of the candidates to be voted upon at the second nonpartisan election shall be the candidates which tie for the highest number of votes in the nonpartisan election. 21 Charter Revision 12/10/01 (2) In the event a candidate withdraws or dies before the second nonpartisan election and leaves only one candidate for each vacancy for a seat for the office of Commissioner or for the office of Mayor to be filled, then the second nonpartisan election shall not be held for that office. Each candidate shall be deemed to have voted for himself or herself ~--~t'~ ,~,r~ Method of election in a second nonpartisan election. In the second nonpartisan election, the remaining offices shall be filled by the candidate(s) receiving the highest number of votes for each seat for the office of Commissioner or for the office of Mayor. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 68-78, passed 9/25/78, Approved at Referendum 11/7/78; Am. Ord. No. 7-83, passed 1/25/83, Approved at Referendum 3/1/83; Am. Ord. No. 99-85, passed 9/24/85, Approved at Referendum 11/5/85; Am. Ord. No. 79-91, passed 11/19/91, Approved at Referendum 3/10/92) ,S. eetion 5.05. RETURNS OF ELECTIONS. (a) Cnnvassing the Returns. The results of the voting, when ascertained by the Supervisor of Elections, shall be returned in duplicate; one copy to be delivered to the Mayor and the other to the City Clerk, both of whom shall transmit such returns to the Commission at a emqed meeting to be held not later than three (3) days after such election. At such meeting the Commission shall canvass the returns and, in the absence of a declaration of a contest by any of the candidates in such election, shall declare the results of the election as shown by the returns made by the Supervisor of Elections. Co) Certificates of Election. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 2-82. passed 1 /26/82. Approved at Referendum 3/2/82) Section 5.06. JUDGE OF ELECTION AND QUALIFICATION. The Commissioners shall be the judge of the qualifications of its own members, and the City Clerk shall be the judge of the election and election returns for the office of Mayor and for the offices of Commission seats. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 101-85, passed 9/24/85, Approved at Referendum 11/5/85) .Section 5.07. SPECIAL ELECTIONS. (a) Special Election Rules. The Commission shall provide the time, manner, and means of holding any special election, provided that no special election shall be called less than thirty (30) days following the adoption of a resolution calling for such election. Co) Method and Manner Set Forth by Ordinance. The Commission shall prescribe by ordinance the method and manner of holding all elections in the City, and shall provide when and how special elections shall be called and held which are not provided by the terms of this charter. All elections shall be conducted in accordance with this C_=ehaner and with the provisions ofgeneraI law. 22 Charter Revision 12/I0/01 (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 5.08. STRAW VOTE ELECTIONS. The Commission is also empowered and authorized to spend public funds for the conduct of straw vote elections upon a determination by the Commission that it is in the best interest of the City to obtain an expression of the people with respect to a particular municipal question. The Commission shall have the right to hold a straw vote election at any time, and may prescribe limitations relating to the eligibility of those who shall be qualified to participate. The results of said election shall not be binding on the Commission. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 5.09. RECALL. The ~ electors of the City shall have the power to recall and to remove from office any elected official of the City as provided by general law. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) ARTICLE VI. INITIATIVE, REFERENDUM Section 6.01. INITIATIVE. The ~ electors of the City shall have the power to propose ordinances to the Commission._ ......,~-'~ _[if the Commission fails to adopt an ordinance so proposed without any change in substance, '^.., ,....,~,~'~^-' .,. .... . vj,~.~.;~' :'....~° .. ~ '~:°"..~..., ,...,,~...,..,~'~':'"' the ordinance may_ be approved or r¢iected at a City_ election, if the provisions of this Article are met. :~a!! net exten~ t,, However, no ordinance relating to or affecting the budget~ OF capital program~.,.^- ~%' erdlnancc .-~':-~.~.......~, '~.,~ appropriation of money, levy of taxes or salaries of City officers or employees shall be allowed to be brought forward as an initiative. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 212/76) Section 6.02. REFERENDUM. The ~ electors of the City shall have power to require reconsideration by the Commission of any; adopted ordinance........,"~'~ _[if the Commission fails to repeal an ordinance brought forward for reconsideredation, °~... a~r~.':c ...~- r:~cet :t ...~' ..~ '~:~"~..., .,....~..,..,~'~';"" the issue may be approved or rejected at a City election if the provisions of this Article are met. pr~.'.Sden-. ........ ~..u ~. ~.~..~ .^ However, no issue shall be allowed to be brought forward for reconsideration that relates to or affects the budget~ oF capital program~ oF any emergency ordinance~ or ordinance relating to appropriation of money, levy e:' (~ taxes~ or salaries of City officers or employees. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 6.03. COMMENCEMENT OF PROCEEDINGS. (a) Petitioners Committee. Any five (5) ~ electors may commence either initiative or referendum proceedings by filing with the City Clerk or other official designated by the Commission (hereinafter both officials shall be referred to as "City Clerk") an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names~ and addresses~ and specifying the 23 Charter Revision 12/10/01 address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. (b) Issuance of Petition Blanks. Promptly after the affidavit of the petitioners' committee is hied, the ~ Clerk "- ~+'~- ~'~:~ a~:~+~.~ s... ,~.~ ,~__:~:~. may, at the cormnittee's request, issue the appropriate petition blanks to the petitioners' committee at the committee's expense. Section 6.04. FORM OF PETITIONS. (a) Number of signatures. Initiative and referendum petitions must be signed by q~-fled-vot~ electors of the City equal in number to at least fifteen (15) percent of the total number of qa~f~-vot~s electors registered to vote at the last regular City election. (b) Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name, address, ~.,nd precinct number, and date cf r,i~v.'ng e,f the person signed the petition, signing. Petitions shall contain, or have attached thereto throughout their circulation, the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he or she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names they purport to be, and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. {-e-) (d) Time for filing initiative petitions. Initiative petitions must be filed within sixty (60) days of the first signature thereon and signatures may not be procured prior to the time of commencement of proceedings as set forth in Section 6.03. When the petitions have been filed, the City Clerk shall submit the same to the Commission at its next regular meeting and provisions shall be made by the City Clerk for public hearings upon the proposed ordinance. (Ord. No. 4-76. passed 2/23/76, Approved at Referendum 2/2/76) ~..~t'~(e) Time for filing referendum petitions. Referendum petitions must be filed within sixty (60) days after adoption by the Commission of the ordinance sought to be reconsidered. Section 6.05. PROCEDURE FOR FILING. (a) Certificate of City Clerk; amendment. Within twenty (20) days after the initiative petition is filed and five (5) days fe, r after a referendum petition is filed, the City Clerk .... s.~. ^~ ~:~ .,~:~o~.~ s... ,~.~ r,~__:~.:~ shall complete a certificate as to its sufficiency , _~..:,-..:_~ :t it :': .... ":~:~-° The certificate shall specifs, the deficiencies and defects 0re ~a.'"2:u!a:: '::~:r:'.'n it ir, ~:f:ctk'e and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. Grounds for insufficiency are only those specified in Section 6.04. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the 24 Charter Revision 12/10/01 City Clerk ^- ~'~'~- ~"~:~ '~:~'~-~ s.., ,~.~ ,~.,.,._:~..:~. within ~o (2) ~ys after receipt ~e copy of Ms or her certificate ~d files a suppl~t~ petition uFcn-~...~..-,~a~:*:~"" r-r--~ ...... wi~ ten (10) days after rec~ivMg ~e copy of such certificate. Additional silages may be gathered in ~is ten day period ~ order to meet ~e ~m r~uired n~ber of electors. Such supplement~ petition shall comply M~ ~e r~ukements of subsections ~) ~d (c) of Section 6.~ ~nd~Wwi~ five (5) ~ys after it is fil~ ~e Ci~ Clerk ~.~- .....~*~- ~_.~...~-:~' ~..~..,~~:~*~ ~"~ *~... C:~.~i~:~v= shall complete a c~ficate ~ to ~e ~ffici~cy of ~e petition ~ ~ded ~d promptly send a ~py of such c~ificate to ~e pefifion~' ~Uee by ~st~ m~l a ~ ~e c~e of ~ ofi~ petition. (b) Final determination of sufficiency by City Clerk. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request commission review under subsection tqm) (c) of this section within the time required, the City Clerk "- ..os.~ A~A:~ a~,.:~*~.~ S.., ,~.~ CZ.':'~'..i:,~iz,~ shall promptly present his or her certificate to the Commission and the certificate shall then be a final determination as to the sufficiency of the petition. (~) (c) Commission review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) business days after receiving the copy of such certificate, file a request for review by the City Commission ~'~%tt~pr-ow-~ d~, and the Commission's determination_ of :F.:II *~..,.,.. s.~ .,,~..~ ......,s:~' ..,.,,~ a~,~:_~,:.. ...., ~.. ., ...... .,~ o^,.. ,~ .,.~ sufficiency of the petition, shall be the final determination. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 6.06. REFERENDUM PETITIONS SUSPENSION OF EFFECT OF ORDINANCE. When a referendum petition is filed with the City Clerk zr z*hzr. .-...~..--,A'X:A:~ "''"~O''"''~'''~':~'*~'~ S..,~,; O~.~...,. Ce.::'.~.'nis:Se..~, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition:i or (2) The petitioners' committee withdraws the petition:i or (3) The Commission repeals the ordinanc~i or (4) After a vote of the City on the ordinance has been certified. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 6.07. ACTION ON PETITIONS. (a) Action by Commission. When an initiative or referendum petition has been finally determined sufficient, the Commission shall promptly consider the proposed initiative ordinance in the manner provided by general law for passage of ordinances or reconsider the referred ordinance by voting its repeal. If the Commission fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred 25 Cl~rter Revision 12/10/01 ordinance within thirty (30) days, it shall submit the proposed or referred ordinance to the voters of the City. Co) Submission to voters. The vote of the City on a proposed or referred ordinance shall be held not less than thirty (30) days and not more than sixty (60) days fi.om the date that the petition was determined sufficient. If no regular City election or no general or primary election is to be held within the period described in this subsection, the Commission shall provide for a special election~ except that the Commission may in its discretion provide for a special election at an earlier date within the described period. Copies of the proposed or referred ordinance shall be made available at the polls. (c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the City by filing with the City Clerk c.-....."*s'~'.......~;"~.....- --,---e,-------a'~:~'~'~ s......,, °~'~..... '"'~--~:~:~-.....-...~,...v.. a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 6.08. RESULT OF ELECTION. (a) Initiative. If a majority of the qmdkqed electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Commission. If conflicting ordinances are approved at the same election, the one receiving the greatest number of af£mnative votes shall prevail to the extent of such conflict. Co) Referendum. If a majority of the qmlt4fied electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) *Editor's Note: This Article VI shall apply to all initiative and referendum situations within the City, unless otherwise governed by F.S. Sections 166.031, 171.0413 and 171.051. ARTICLE VII. TRANSITION SCHEDULE Section 7.01. CONTINUATION OF FORMER CHARTER PROVISIONS. All provisions of Chapter 25786, Laws of Florida, Special Acts 1949, as amended by special law or otherwise~ which are not embraced herein and which are not inconsistent with this Ceharter shall become ordinances of the City subject to modification or repeal in the same manner as other ordinances of the City. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 7.02. ORDINANCES PRESERVED. Ail ordinances in effect upon the adoption of this ohopt~ Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) 26 Charter Revision 12/10/01 Section 7.03. RIGHTS OF OFFICERS AND EMPLOYEES. Nothing in this ehapt~ Charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are City officers or employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the duties thereof; ,Section %04. PENDING MATTERS. All rights, claims, actions, orders, contracts, and legal or administrative proceedings involving the City shall continue except as modified pursuant to the provisions of this Ceharter. All right, title, and interest in property, real or personal, uncollected taxes due, claims, judicial decrees, liens, suits, actions, and choeses in action held or owned by the existing municipality shall pass and the same are hereby vested in the municipality continued under this revised charter. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 7.05. OBLIGATION OF CONTRACTS PRESERVED. No debt or obligation of contract of the City shall be changed as a result of the adoption of this C...eharter. All such debts and obligations shall pass to and be binding upon the municipality w~.:.c,h ir, hereby continued. (Ord. No. 4.76, passed 2/23/76, Approved at Referendum 2/2/76) ~ ..... + ~ ~ .... +~ ...... ~ ~:~+ ~...~.~ ~11~.~ /~d O~ (~d. No. 4-76. p~sed 2/23/76, Approved m Referendm 2/2/76) Section 7.0-76 DELETION OF OBSOLETE SCHEDULE ITEMS. The Commission shall have power, by resolution, to delete from this Article VII any section, including this one, when all events to which the section to be deleted is or could become applicable have occurred. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) 27 RESOLUTION NO. 71-01 Question 1 Rev. 11/30/01 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 12, 2002, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 62-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 62-01 amends the City Charter by clarifying, deleting obsolete references, correcting grammatical errors, reorganizing and enhancing the Charter's "readability"; 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. 62-01 be held on March 12, 2002. 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. 62-01 Section 3. 12, 2002. 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 ,2002. ATTEST: MAYOR City Clerk Question 1 Rev. 11/30/01 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 12, 2002 on the Charter proposed by Ordinance No. 62-01 to wit: CHARTER REVISION CLARIFYING, REORGANIZING, AND ENHANCING THE "READABILITY" OF THE CHARTER. AN AMENDMENT REVISING THE CITY OF DELRAY BEACH CHARTER BY REORGANLZING, CORRECTING GRAMMATICAL ERRORS, CLARIFYING CERTAIN PROVISIONS, DELETING OBSOLETE TERMS, AND MAKING THE CHARTER EASIER TO READ, AS PROVIDED IN ORDINANCE NO. 62-01 SHALL THE ABOVE-DESCRIBED CHARTER AIViENDMENT BE ADOPTED? YES (for approval) NO (against approval) CITY OF DELRAY BEACH, FLORIDA PUBLISH: The News Barbara Garito 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.] [:lTV OF I:IELRrI'i' BEII[H CITY ATTORNEY'S OFFICE RECEIVED DEC 1 9 ?O01 CiTY MANAGER 200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444 TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755 1993 DATE: TO: FROM: SUBJECT: Writer's Direct L~ne 561/243-7091 MEMORANDUM December 19, 2001 City Commission Susan A. Ruby, City Attorney Ordinance No. 62-01 Revision to the City Charter Ordinance 62-01 amends the City Charter and includes Articles I through VII. Article VIII, "Municipal Courts" is repealed and Article III, "Legislative" is repealed and rewritten. Ordinance 62-01 amends the Charter by: 1) 2) reorganizing, clarifying, deleting obsolete references, grammatical errors and enhances the Charter's readability; Ordinance 62-01 will be effective if approved by the voters. correcting Please_call if you have any questions. CC: David T. Harden, City Manager Barbara Garito, City Clerk ORDINANCE NO. 62-01 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS BY REPEALING ARTICLE III, "LEGISLATIVE", AND ENACTING A NEW ARTICLE III, "LEGISLATIVE", TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH BY REPEALING ARTICLE VIII, "MUNICIPAL COURTS", AND AMENDING REMAINING ARTICLES I, II, IV, V, VI, AND VII TO CLARIFY, DELETE OBSOLETE REFERENCES, CORRECT GRAMMATICAL ERRORS, REORGANIZE AND TO ENHANCE THE CHARTER'S "READABILITY"; PROVIDING FOR A REFERENDUM; PROVIDING FOR A REPEALER CLAUSE; PROVIDING 4~ SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission established a Charter Review Committee to review the City's Charter; and WHEREAS, the City Commission sought input from the Community as to potential Charter revisions; and WHEREAS, the City Commission, after a review of many proposals, has decided to put the Charter amendments set forth in this Ordinance to a vote of the electorate. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DELRAY BEACH, FLORIDA: Section 1. That the Revised Charter of the City of Delray Beach, which consists of a Table of Contents, Articles 1 through VII inclusive, Pages 1 through 28, inclusive, which is attached hereto and is hereby incorporated as if fully set forth herein, Chapter 25786, Laws of Florida, Special Acts of 1949 and amendments thereto is further amended by adopting the Revised Charter. The Revised Charter repeals Article III, "Legislative", and enacts a new Article III, "Legislative", and repeals Article VIII, "Municipal Courts", and amends remaining Articles I, II, IV, V, VI, VII which shall read as set forth in Attachment "A" hereto. The Revised Charter shall be submitted to a referendum of the electors of the City of Delray Beach, Florida, March 12, 2002. Attachment "A" Section 2. That this ordinance shall not be effective unless and until the same is approved by a majority of the electors of the City of Delray Beach, Florida, voting at the election for the purpose of approving or disapproving 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 on the question disapprove, then the amendment shall be null and void. The question to be submitted to the electors at such election shall be substantially as follows: Question One CHARTER REVISION CLARIFYING, REORGANIZING, AND ENHANCING THE "READABILITY" OF THE CHARTER. AN AMENDMENT REVISING THE CITY OF DELRAY BEACH CHARTER BY REORGANIZING, CORRECTING GRAMMATICAL ERRORS, CLARIFYING CERTAIN PROVISIONS, DELETING OBSOLETE TERMS, AND MAKING THE CHARTER EASIER TO READ, AS PROVIDED IN ORDINANCE NO. 62-01. SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED? YES (for approval) NO (against approval) Section 3. That upon approval of this ordinance by the majority of electors voting at the election, all ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict herewith shall be and the same are hereby repealed as of the effective date of this ordinance. Section '{. That if any clause, section or other part of this ordinance shall be declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be affected thereby but shall remain in full force and effect. Section 5. That this ordinance shall become effective upon passage on second and final reading and in accordance with Section 2. 2 ORD NO. 62-01 PASSED AND ADOPTED in regular session on second and final reading on this the .... day of ,2001. ATTEST: City Clerk First Reading. MAYOR Second Reading. 3 ORD NO. 62-01 Section 1.01 1.02 1.03 CHARTER TABLE OF CONTENTS DELRAY BEACH, FLORIDA Charter Revision 12/10/01 ARTICLE I - CREATION AND POWERS Establishment and Continuation of the City of Delray Beach Powers Construction 2.01 2.02 2.03 ARTICLE H - CORPORATE LIMITS Corporate Limits Boundaries and Territory of Greater Deb'ay Beach Area Voluntary Annexation of Territory by Ordinance 2.10 ~.Ol 3.02 ~.03 3.04 3.05 3.oa 3.07 3.os 3.09 3.10 3.1] ~.12 3.13 3.14 3.15 ARTICLE HI - LEGISLATIVE __'___er; ................. j ....... v,--a ....... :-,-, · ,., ... ...........j~,.~ ... ,.,. .'":~l, :"',,,. 0:~ :f Offie: Form of Gov~tment ¢it¥ Commission: Composition. EligibiliW~ l~l¢ction, and T,rms Qualification, of Candidates; Election A~sumption of Office: Or_~animti0nal Meeting Qath of Office Mayor, Vice-Mayor. ~d D~utv Vice-Magor Forfeiture of Office Vacancies; Filling of Vacancies Term Limit~ Compensation and Prohibition, Procedure Commission Inve~tioations planning and Zo~ng Board and Board of Adiustment Alienation of Public Beaches Charter Revision 12/10/01 4.01 4.02 4.03 4.04 4.05 4.06 4.07 4.08 4.09 ARTICLE IV - ADMINISTRATIVE-EXECUTIVE City Manager Appointment; Removal; Compensation Acting City Manager Powers and Duties of the City Manager Budget Procedure Supervision of Departments Legal Counsel Legal Counsel Appointment, Removal and Compensation Duties of Legal Counsel DELRAY BEACH - CHARTER TABLE OF CONTENTS 5.01 5.02 5.03 5.04 5.05 5.06 5.07 5.08 5.09 ARTICLE V - ELECTIONS Electors Types of Elections Form of Ballots Elections Generally Returns of Elections Judge of Electlon and Qualification Special Elections Straw Vote Elections Recall 6.01 6.02 6.03 6.04 6.05 6.06 6.07 6.08 ARTICLE VI - INITIATIVE, REFERENDUM Initiative Referendum Commencement of Proceedings Form of Petitions Procedure for Filing Referendum Petitions; Suspension of Effect of Ordinance Action on Petitions Result of Election 7.01 7.02 7.03 7.04 ARTICLE VII - TRANSITION SCHEDULE Continuation of Former Charter Provisions Ordinances Preserved Rights of Officers and Employees Pending Matters Charter Revision 12/10/01 7.05 7.076_ Obligation of Contracts Preserved Deletion of Obsolete Schedule Items DELRAY BEACH CHARTER Editor's Note: This Charter has been amended to reflect and change the name designation of the legislative body fi.om City Council to City Commission and of City Council Members to City Commissioners, pursuant to Ordinance No. 56-88, passed 6/28/88. ARTICLE I. CREA~ON AND POWERS ~;ection 1.01. ESTABLISHMENT AND CONTINUTATION OF ~ CITY OF DELRAY BEACH. The City of Delray Beach, established and organized by Chapter 25786, Laws of Florida, Special Acts of 1949, as amended, shall continue as a Florida municipal corporation. (Ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76) Section 1.02. POWERS The City of Delray Beach shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. (ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76) Section 1.03. (~ONST~UCTION. The powers of the City shall be construed liberally in favor of the City., .._......~:-:°~" ......,"-~,' ~'-'..., .!.~ /'~+1+,,*i~-- Ag' +1~ TT.:~..~ C~*~,..--..1 .F$,~ ~'!~,,~.,I.. t'~A--.*~h,+:,., ....... 1 1 ...... ,~ ~"~r~ IL'::i:::izn: ccr.:ain:~ hcrcir.. Special Acts of the Florida Legislature pertaining to the jurisdiction and exercise of powers by this City shall be considered amendments to this C~harter and; ......... · o~ ,. ...... :.: .... aA-,~a, eA..: ....... o:~_ Ar .o~.--.~.~.,-- ~.,,~.a_.....,,~ shall be incorporated as official amendments to the ~eharter. (ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76) /~RTICLE H. CORPORATE LIMITS Section 2.01. CORPORATE LIMITS. The boundaries and corporate limits of the City of Delray Beach now existing are continued and may be amended from time to time as provided by law. The boundaries and COrporate limits shall be shown on a map maintained in the Plannin~ and Z0nin~ Department. (Ord. No. 4-76, passed 2/23/76; Approved at Referendum 2/2/76) 3 Charter Revision 12/10/01 Section 2.02. D,~Vr~h * Dr~ · ~ ,rt,~rr~ov ,~x~ ,.~,~ · ,rv~ n~T.R AV BEACH PLANNING AREA. 41,..+ :. --~+ ..... :--.1..,1~,1 :. 61. ....... ,1'4 1:--:+. -.1..11 1. .... ...,i~..11.. :--.1....1.A :.+~ ,,1,.~ ,t'~:~, ~." .._.,..., .......... area, ~hown in the Comprehensive Plan, l~hall be l~hown on a map maintained in thc Planning and Zoning Department. Tho~e porti0Ils 9f the nl~ing area not now a nm of the corporate boundaries may be included bY annexation ~ provided by law. (Ord. No. 4-76, p~sed 2/23/76; Approved at Ref~durn 2/2/76) *Editor's Note: Ordinance No. 54-86, passed on 9/9/86 and approved by the voters at a referendum election held 11/4/86, provides for the passage of the "Delray Beach Enclave Act (Chapter 86- 427, Laws of Florida), "definitions of enclave and of the general boundaries of the city, and annexation of said enclaves within the boundaries of the City as same existed on February 28, 1986. Section 2.03. VOLUNTARY ANNEXATION OF TERRITORY BY ORDINANCE '-~ C~.din~:: :c ---~- ~' .... ,1 .... "**----° Voluntary ,~,..* ........ ., annexation shall occur in accordance with state law, Any :,'.::~ annexing ordinance shall state that the boundaries of the City of Delray Beach are redefined so as to include thc tract or tracts of land so being annexed. *Editor's Note: See F.S. Section 171.044 4 Charter Revision 12/10/01 ARTICLE m. LEGISLATIVE Chrt~r R~visioa 12/10/01 Charter Revision 12/10/01 Chaffer R~vision 12/lO/O1 /'1`% Charter Revision 12/10/01 ARTICLE m. LEGISLATIVE Section :~.01. FORM OF GOVERNMENT The City of Delray Beach shall operate under the CRv Commission-City Manager form of Izovernment. All legislative powers of the City shall be vested in the City Commission. . ~;ection 3.02. CITY COMMISSION: COMPOSmON. ELIGIBILITY, ELECTION~ AND TERMS (a) Composition and Term. The City Commission shall be composed of five (5) Commissioners, one 0fwhom shall be duly elected Mayor. All 0fthem shall be elected at large for a term of two (2) years hi the manner urovided in this Charter. Co) Staelered Terms. Two (21 Commissioners shall be elected in even-numbered Years, and two (2) (~ommissioners shall be elected in odd-numbered years. The Mayor may be elected in an even or odd-numbered year. (c) Length of Mayor's Term. The Mayor shall be elected for a two-year term, whether by regular election or election to fill a vacancy in the office of Mayor. (d) Vacancies. In the event of vacancies, SUCCeSSOrS shall be appointed or elected in the manner provided in this Charter. Charter Revision 12/10/01 Section 3.03. QUALIFICATIONS OF CANDIDATESi ELECTION (a) ... Reeulation of Qualifications. The qualifications, time, manner~ and costs of qualifying as a candidate for Mayor or Commissioner shall be regulated by Chapter 34 of the Code of Ordinances of the City. Co) Filine of Candidate Petitions. All candidat~ petitions Shall be filed with the City Clerk no earlier than noon on the last Tuesday in January and no later than noon on the second Tuesday in February of the calendar Year in which the election will be held. (c) Names of Candidates. The City Clerk ~hall deliver the names of all candidates and the offices for which they have filed, to the Supervisor of lElections no later than 5:00 9n the first Friday after the close of qualifying. Section 3.04. ASSUMPTION OF 0FFICE~ ORGANIZATIONA~ MEETING (a) Assumption of Office. The successful candidates for Mayor and Commissioners shall assume office on the last Thursday in March following their election. The Commission shall hold an organizational meeting ilnmediatelv' thereafter, and shall select fi.om the Commissioners other than the Mayor, a Vice-Mayor and a Deputy Vice-Mayor. These two officials shall serve in their respective capacities at the pleasure of the Commission until the organizational meeting of the following year. (b) Assumption of Office for Appointees. A person appointed to fill a vacancy or a person selected at a special election to fill a vacancy shall assume office at the first regular meeting of the Commission after being so appointed or elected. Section :~.0~. OATH OF OFFICE Before assuming their respective offices, the Mayor and Commissioners shall each take and subscribe the following oath: "I do solemnly swear (or affu-m) that I will sutmort, protect, and defend the Constitution and Government of the United States and of the State of Florida and of the City 9f D~lray Beach~ that I am duly qualified to hold office under the laws of the State of Florida and the Charter and laws of the City of Delrav .]5~ach. and that I will well and faithfully nerforrn the duties qf {Mayor} {Commissioner} of the City. uvon which ~[ am about to enter. (So helv me God.¥' 10 Charter Revision 12/10/01 Section 3.06. 1VIAYOR~ V/CF~MAYOR~ AND DEP~FTy VtCF.~MAYOR (a) Duties of the Mayor. The Mayor shall preside at meetings of the Commission and represent the City in intergovernmental relationships. The Mayor shall be recognized as the head of the City government for all ceremonial purposes, service ofprocess and by the Governor for purposes of military law. The Mayor shall execute contracts, deeds, intergovernmental a~eements and certifications, and other dQcuments on behalf of the City. but shall have no ~uirninistrative duties except as required to calTv out the foreooin~ resvonsibilities. (b) Duties of the Vice-Mayor. In the absence o1' disability of the Mayor, the Vice- Mayor shall serve as Mayor, possessing all the pQwel's, duties, and t~rero~atives of the Mayor. (c) Duties of the Deputy Vice-Mayor. While the Vice-Mayor is serving as Mayor, pr in the absence or disability of the Vice-Mayor, or should the Vice-Mayor refuse to perform the duties imposed by law, the Denutv Vice-Mayor shall have all the powers, duties, and vrerogatives of the Vice-MaYOr. (d) No Veto Power. The Mayor. Vice-Mayor. and Deputy Vice-Mayor shall each have a voice and a vote in the proceedings ofthe Commission. but no veto nower. Section 3.07. FORFEITURE OF OFFICE (a) Forfeiture of Office. Any Commissioner, including the Mayor, shall forfeit the office if that Commissioner or Mayor: (1) Ceases to possess the reauired qualifications: or (2} Shall be convicted of a felony: or (3) Violates any standard of conduct or cQde of ethics established by law for public officials, as determined by a maiority vote of the remaining Commissioners and Mayor~ or (4) Fails to attend four (4) consecutive re_gular (~omrnission meetings, unless excused for good cause by a majority vote 0fthe rerlaaining Commissioners and Mayor. (b) Declaration of Vacancies. It shall be the duty of the remaining Commissioners to declare the office vacant as a result of forfeiture and tO fill the vacancy as provided in this Charter. Section 3.08. VAC~C~S: FILLING OF VACANCIES The office of a Commissioner. includini the Mayor. shall become vacant upon the incumbent's death, lresignation, forfeiture, or removal fi.om office in any manner authorized by law. Any vacancy in the mernbershio of the Commission, other than at the close of a regular term, shall be filled according to the following orocedure. (a) Vacancy in Office of Commissioner. In the event of a vacancy other than in the office of the Mayor, the remaining Commissioners, including the Mayor, shall appoint, by a maiority vote, a qualified person to fill the vacancy. 11 Charter Revision 12/10/01 (1) If the term of office in which the vacancy occur~ expires on the last Thursday in March following the next regular City election, the person so appointed shall 0nly serve until that date. (2) If the vacancy Occurs sixty (60) or more .days preceding the date of the next retular City election, md if the term 0f 0ffice in wb. ich the v~ancy occurs does not ~xpire on the last Thursday in March following that election, the person so appointed ~hall sewe until the last Thursday in March and th~ remainder 0fthe unexpired term shall be filled at that election. f3'~ ~ the vacancy OCCurS less than six~_ (60} dam preceding, the date of the pext regular City election, and if the term of offiCe in which the vacancy occurs does not ~xpire on the last Thursday in March followint~ that ~lection, the person So appointed ~all serve for the entire remainder of the unexvired term. {4) If a maiority of the remaining (~omrni'ssioners. includin~ the Mayor. are 0nable to -agree, after two (2) regular meetings, upon the appointment Qf an individual to fill a vacancy. The (~ommission shall call a special election to fill the vacancy. The special election ~hall be held within sixty (60) calendar days ofthe second regular meeting. Vacancy in the Office of Mayor. (1~ If a vacancy occurs in the office of Mayor, an election shall be held as provided in this Charter. (2) If there is a vacancy in the office of Mayor, the Vice-Mayor shall automatically succeed to the office of Mayor and shall serve as Mayor until the last Thursday in March following the next regular City_ election. Thereafter, the (~0mmissi0ner so serving as Mayor by succession shall return to his or her former seat and comr~lete the remainder of his or her Commission term, if any part of such term remains unexpired. (3) The succession to the office of Mayor bv the Vice-Mayor shall create a vacancy in the Commission which shall be filled in the manner set forth in this Charter, and the (~0mmissioner SO serving in the Vice-Mayor's 01d seat shall serve for the entire unexvired portion of the original Mayor's term of office. (4) If the Vice-Mayor JS unable or unwillint to succeed to the office of ]V~[ayor, then the Deputy Vice-Mayor shall succeed to the office of Mayor. If the Deputy Vice- Mayor is unable or unwilling to succeed to the Office 0fMayor, the (~ommission shall then select a Mayor from the remaining (~ommissioners. ff the Commission is unable to select a Mayor by the end of the second re~ular meeting after the vacancy then a special election shall be held for the election of the Mayor. (5) If a vacancy o~urs in the office of Vice-Mayor. the Devutv Vice-Mayor shall automatically become Vice-Mayor and a new Deputy Vice-Mayor shall be selected by the 12 Char~ Revisioa 12/10/01 Commission. If a vacancy occurs in the office of Deputy Vice-Mayor, the Commission shall then select a new Deputy Vice-Mayor. (c) Extraordinary Vacancies. In the event that all members of the Commission are removed by death, disability, resi~ation or forfeiture of office, the Governor shall an~oint a ¢orm~ssion, including a Mayor, with full Commission powers. The interim Commission shall then call a ~ecial election, as or0vided u~der this Charter, tO fill the anpointed offices. The /pecial election shall be held not more than ninety (90) days after appointment of the interim ~0nunissioners. Scion ~.09. TERM LIM~$ (a) Term Limits. ~ndividual (~ommissioners, includinsz the Mayor. shall be prohibited from holdin~ office for more than six (6] consecutive years. The term *'holding office" shall be defined as servin~ as Commissioner or Mayor. The term "consecutive years" ~ha]l not include any time served as a result Of an appointment. (b) One year, Hiatus. A verson who has ~;erved the maximum amount of consecutive time allowed by this Charter as a (~0mmissioner or Mayor shall not assume office again until the last Thursday in March of the year following the expiration of his or her term of Office. Section 3.10 SALARIES AND EXPENSES (a) Salaries. The Commission may determine the annual salaries of the Mayor and individual Commissioners by ordinance. No ordinance increasing the Mayor or Commissioner salaries shall become effective until the assumption of office of the (~ommissioners or Mayor elected at the next regular City election, provided that election follows adoption of the ordinance by at least six (6) months. (b) Actual Expenses. Commissioners. includin~ the Mayor, shall receive their actual and necessary expenses incurred in the performance of their duties, as provided by law. ~;ection 3.11. PROHIBITIONS (a) Appointment or Removal of Employees. Neither the Commission, nor any of itS members, shall in any manner control the appointment or removal of any City officers or employees whom the City Manager or any of his or h~r s~bordinate$ are empowered to apDoint. The Commission or any of its members may. however, exnress views and fully and freely iliscuss with the City Manager an~hino oertainin~ to the aopointroent and removal of these officers and emnlovees. (b) Direction to Emolovees. Exceot for the t~uroose of inauiries and ~vestigations, ghe Commission and its members shall deal with City officers and employees who are subiect to ~e direction and supervision of the City Manager. solely through the City Manager. Neither the (~ommission nor its members shall give orders to any of those officers or employees, either publicly or privately. The foregoing does not prohibit individual members of the Commission 13 Charter Revision 12/10/01 from closely scrutinizing, by questions and personal observations, any aspect of City ~overnment operations in order to obtain /nformation to assist in formulation of commission policies. Recommendations for improvement in City government, operations shall, however, be made to and through the City Manager, so that he or she may coordinate the efforts of all City fiepartments. (el Holdinu City Office or Employment. l~lo f0Bner ~elnber of the Commission t~hall, within the City_, hold any compensated appointive City Office or employment with the City lmtil one (1) year after the exaltation of 0te term for which ~ae or she was elected or anvointed. Section 3.12. PROCEDURE (a) Meeflnis. The (~ommission shall meet retmlarlv at lea.si twice a month at times and places that the Commission prescribes by rule or otherwise. Svecial meetines may be held on the call 0fthe Mayor or ora majority of the Commission. Whenever practicable, there shall be at least twelve (12) hours notice of a special meeting to illdividual members of the Commission and to the nublic. (b) Rules. The Commission shall determine its own rules and order of business. (.c.) Voting. Voting On ordinances, resolutions, and motions shall be bv roll call and shall be recorded in the minutes. Three (3) members of the Commission shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the (~ommission. No action of the Commission, except as otherwise provided in the preceding sentence or in Sections 3.07 and 3.08 of this ~harter. shall be valid and binding unless adopted bY the affirmative vote of three (3) Commissioners. Section 3.13. COMMISSION INVESTIGATIONS ,Upon direction from the Commission, the .City Clerk shall have the power to issue any writs, processes, and subpoenas needed to facilitate any investigation convened by the Commission for a municipal purpose. ~ection 3.14. PLANNING AND ZONING BOARD AND BQARD OF +Si,DJU~iT1HENT. (a) Planning and Zoning. The Commission has ~¢ated and shall, in the interest of the public health, safety, ordel', i:onvenience and ~eneral welfare, maintain by ordinance a Planning and Zoning Board tO make recommendations to the Commission. (b) Board of Adlustment. The Commission bas ~:r~ated and shall maintain a Board of Adjustment, whose decisions may be appealed pursuant to I~eneral law. (Ord. No. 4-76. t)assed 2/23/76, At)Pr0ved at .R. eferendum 14 Charter Revision 12/10/01 Section 3.la. ALIENATION OF pUBLIC BEAOO'~$. .The Commission shall not in any manner alienate fi.om the public, the vublic beach, lying between the north and south boundaries of Section 16, Township 46 South, Range 43 East, or ~¥ part thereof, of the City_ of Delray Beach, Florida. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 4.Q1. CITY MANAGER. There shall be a City Manager who shall be the chief administrative officer of the City. He or she shall be responsible to the Commission for the administration of all City affairs placed in his or her charge by or under this Ceharter and such other duties as may be required by thc Commission. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 4.02. APPOINTMENTi REMOVALi COMPENSATION. (a) Appointment. The Commission shall appoint a City Manager for an indefinite term by majority vote of thc Commission, to serve at the pleasure of the Commission. Co) Removal. The City Manager shall only be terminated by the City Commission upon the casting of four (4) affirmative votes in favor of such termination. Said vote shall not take place except at a public hearing which has been duly noticed seventy-two (72) hours in advance of the meeting at which the vote takes place. (c) Replacement. Upon the death, resignation, or termination of the City Manager, the Commission shall appoint an Acting City Manager and thereafter, within a reasonable time, appoint a regular City Manager. (d) Compensation. The compensation of the Manager shall be fixed by the Commission and shall not be reduced during this appointment. (ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. ord. No. 8-83, passed 1/25/83, Approved at Referendum 3/1/83; Am. ord. No. 37-90, passed 8/28/90, Approved at Referendum 11/6/90)' Section 4.0:3. A~'I~ING ~Y MANAGER. By letter filed with the Commission, the Manager shall designate, subject to approval of the Commission, a qualified City administrative officer to exercise the powers and perform the duties of Manager during his 9r her temporary absence or disability. During such absence or disability, the Commission may revoke such designation at any time and appoint another officer of the City to serve until the Manager shall return or his g)r her disability shall cease. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) 15 Charter Revision 12/10/01 Section 4.04. POWERS AND DUTIES OF TI:fF. CITY bIANAGER. (a) Powers of the City Manager. The City Manager shall have the following powers and duties: ('~ L. Appoint and, when he or she deems it necessary for thc good of the City, suspend or remove all City employees and appointive administrative officers provided for by or under this Ceha~er, except as otherwise provided by law, this Ceharter or personnel rules adopted pursuant to this Ceharter. All appointments and promotions of City officials and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence. ~ The City Manaeer may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency. 00 2. Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Ceharter or by law. x.., 3. Attend all Commission meetings and shall have the right to take part in discussion~ but may not vote. (d-) 4. See that all laws, provisions of this Ceharter and acts of the Commission, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed. (~ 5_. Submit to the Commission and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. (-0 6_. Make such other reports as the Commission may require concerning the operations of City departments, offices and agencies subject to his or her direction and supervision. (-g-) 7_. Keep the Commission fully advised as to the financial condition and future needs of the City and make such recommendations to the Commission concerning the affairs o£the City as he or she deems advisable or as the Commission may require. 0O 8_. Sign contracts on behalf of the City pursuant to the provisions of this C_eharter, provisions of appropriation ordinances and where authorized by ordinance, resolution or by motion (see section 4.09). (-i-) 9. Perform such other duties as are specified in this Ceharter or may be required by the Commission. (b) Prohibition. ,'I'he Ciw Manager shall not adopt and provide .'?~; personnel policies or personnel rules mlopted pursuant to this Ceharter -~'~..._.II r.~: that apply to ---c.r ~: -----~--'.'~.z. lr.:_° '~ . %r any of the City's employees who are covered by a collective bargaining agreement '::~.d.c.~ that is subject to renegotiation, unless otherwise expressly provided in said personnel policies, personnel rules~.or collective bargaining agreement. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) 16 Charter Revision 12/10/01 ~;ection 4.05. BUDGET PROCEDURE. (a) Fiscal Year. The fiscal year of the City shall begin on the first day of October, and end on the thirtieth day of September of the following year. Such year shall constitute the budget year of the City government, and whenever the word year appears in this Ceharter it shall be construed as meaning the fiscal year of the City unless otherwise indicated. Co) Budget Submission. The City Manager shall submit his Or her recommended budget for the ensuing fiscal year to the Commission on or before the first regular meeting in August. Complete copies of the proposed budget shall be on file and available to the public for inspection during office hours in the office of the City Clerk, commencing the following business day. (c) Budnet Document Requirements. The budget document shall present a complete financial plan for the ensuing fiscal year. It shall include, at least, the following information: (1) ~, ...... a ..... ~. .... Detailed estimates of all proposed expenditures for each department and office of the City, showing the expenditures for corresponding items for the last preceding and current fiscal years with reasons for increases and decreases recommended, as compared with appropriations for the current year; (2) ~::do_d L--d:~t:d---:::. Statements of the bonded and other indebtedness of the City, showing the debt reduction and interest requirements, the debt authorized and unissued, and the conditions of the sinking funds, if any; (3)---------r=---* =,,.~_.o.,a .-..,,...,.." ..... Detailed estimates of all anticipated income of the City fi.om sources other than taxes and borrowing, with a comparative statement of the amounts received by the City fi.om each of the same or similar sources for the last preceding and current fiscal years; .... ; A statement of the estimated balance or deficit, as the (4) ~=::---e." ... d.fi..:. case may be, for the end of the current fiscal year; (5) Tr.::;. An estimate of the amount of money to be raised fi.om current and delinquent taxes, and the amount to be raised from bond issues which, together with income from other sources, will be necessary to meet the proposed expenditures; (6) OtE:r L-_f:r-----r.~::. Such other supporting schedules as the Commission may deem necessary. (d) public Hearinn. A public hearing on the budget shall be held on the first regular Commission meeting in September of each year. Notice of such public hearing shall be published at least one week in advance by the City Clerk. A condensed copy of the proposed budget shall be published. (e) Budeet Adootion/Aooroorlations. At the second regular Commission meeting in the month of September of each year, the Commission shall, by resolution, adopt the budget 17 Charter Revision 12/10/01 for the next fiscal year, and shall, in such resolution, make an appropriation for the money needed for municipal purposes during the ensuing fiscal year of the City, and provide for a levy of the amount necessary to be raised by taxes upon real and personal property for municipal purposes, which levy shall not, for the general operating expenses of the City, in any event exceed the mileage limitation as provided by state law on the assessed valuation of all real and personal property subject to taxation in the City. Should the Commission take no final action during said meeting, the budget as submitted, shall be deemed to have been finally adopted by the Commission. (f) Ext~enditures. No money shall be drawn from the treasury of the City.nor shall any obligation for the expenditure of money be incurred, except pursuant to the budget appropriations. The Commission may transfer any unencumbered appropriation balance, or any portion thereof, from one department, fund or a~ency to another. The balance in any appropriation which has not been encumbered at the end of the fiscal year shall revert W the General Fund and be reappropriated during the next fiscal year. (g) Financial Data. At the beginning of each quarterly period during the fiscal year, and more often if required by the Commission, the City Manager shall submit to the Commission data showing the relation between the estimated and actual income and expenses to date; and if it shall appear that the income is less than anticipated, the Commission shall reduce appropriations, except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the income. (h) Deposits/Depositories. The Commission shall designate the depository or depositories for City funds, shall provide for the regular deposit of all City monies, and shall provide for the proper security of all City deposits. (i) Audi.t. An independent audit shall be made of all accounts of the City government at least annually, and more frequently if deemed necessary by the Commission. Such audit shall be made by certified public accountants experienced in municipal accounting, and who shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or of any of its officers. The condensed audit shall be published within thirty (30) days after receipt of the same. An annual report of the City business shall be made available to the public by the City Manager in such form as will disclose pertinent facts concerning the activities and finances of the City government. Section 4.06. SUPERVISOR OF DEPARTMENTS With the approval of the Commission, the Manager may serve as the head of one or more departments, offices, or agencies or may appoint one person as the head of two (2) or more of them. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 4.07. LEGAL COUNSEL There shall be a City Attorney and such assistant city attorneys and special counsel as the Commission shall deem necessary. They shall be responsible to the Commission for all legal matters of the City placed in their charge by or under this Ceharter and such other duties as may be required by the City Commission. 18 Charter Revision 12/10/01 (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 4.08. LEGAL COUNSEL APPOINTMENT~ REMOVAL AND COMPENSATION. (a) Appointment. The Commission shall appoint a City Attorney, such assistant city attorneys and special counsel as may be deemed necessary. The City Attorney and assistant city attorneys, if any, shall be appointed by Commission for an indefinite term by majority vote of the Commission., °~'- '":+" ..~m:-' · ...... _: ........ ..f C ..... counsel may be ...... j .'.~... j ....... a:'" t-! .... - __::...rt..A_. Special appointed as the need arises....._ Co) Removal. The City Attorney and special counsel, at all times, shall hold office at the pleasure of a majority of the Commission. Assistant city attorneys may be removed with or without cause by the City Attorney. (c) Compensation. The Commission may, from time to time, fix the regular compensation of the City Attorney, and assistant city attorneys, if any, at a sum commensurate with the duties which may be imposed on them by this Cehaner and by the Commission; provided, that all special or unusual services required of the City Attorney and assistant city attorneys, ifany, may be specially compensated as the Commission may see fit to provide. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76); Am. Ord. No. 9-83, passed 1/25/83, Approved at Referendum 3/1/83) ~;eetion 4.09. D. tYYIES OF ]~EGAL COUNSEL. (a) Duties. The C, ity Attorney with the assistance of the City Clerk shall prepare all ordinances, all contracts and other instruments in writing in which the municipality is concerned, or shall endorse on each, his or her approval as to form. No contract with the municipality shall be binding upon the municipality until the CiD' Attorney has endorsed his 9r .her approval thereon, and this provision shall be strictly construed by all courts of this Sstate. When required by the Commission, the City Attorney shall prosecute and defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party. lb) Opinions. The City Attorney shall furnish the Commission, City Manager, and · 'department heads his or her opinion on any questions of law relating to their respective powers and duties; and he or she shall perform such other professional duties as may be required of him or her by ordinance, resolution or motion of the Commission, by this Ceharter~ or by special acts. (c)_ _ ~ssistant City Attorneys. Assistant city attorneys shall perform those duties assigned them by the City Attorney. fd~ Soeclal Counsel. Special counsel shall perform those duties assigned them by Commission. 19 Clmr~ Revision 12/10/0! ARTICLE V. ELECTIONS Section 5.01. ELECTORS. Any person who is a resident of the municipality, who has qualified as an elector of this Sstate, and who registers in the procedural manner prescribed by general law and ordinance of the mun/cipality, shall be a quahfied elector of the mun/cipality. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) ~ection 5.02. TYPES OF ELECTIONS. Elections to be held in the City shall all be conducted on a nonpartisan basis without regard for or designation of political party affiliation. (a) Date of Nonoartisan Election. Nonpartisan elections shall be held on the second ues ay arc o eac ear.. ...... Co) ..Ties. In case of a tie in the nonpartisan election, a second nonpartisan election shall be held. (c) Soeclal Election. All other municipal elections that may be held by authority of this Ceharter, or of any law, shall be known as special elections. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 7-83, passed 1/25/83, Approved at Referendum 3/1/83; Am. Ord. No. 79-91, passed 11/19/91, Approved at Referendum 3/10/92) ~;ecti0n 5.03. FORM OF BALLOTS. (a) Arrangement of names on ballot. The names of the candidates for each Commission office seat and for the office of Mayor shall be arranged separately and alphabetically and nothing on the ballot shall be indicative of the source of the candidacy of any candidate. Co) Ballot Title. A charter amendment, initiative petition or referendum ordinance to be voted on by the Civ/shall be presented for voting by ballot title. The ballot title ora measure may differ from i~s legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. P.:'c"' (c% Ballot Form. Immediately below the ballot ouestion shall appear the woTd "yes" ~d the word "no" with a blank space thereafter to indicate the voter'~ choice. The word "yes" l~hall mean the question is approved. The word "no" shall mean the question is not approved. .... 1.. .....·1~ ~1,. ~11. ...... 1-- +1,.~ ~^! 1~....* .... ..~"'!~' +1;,,,~ .,,, ...... .. . .4~ )'~'.v. .......... ~"tl".l''' ''' ' ''''~1" ~,,.~.*--"1",' ~1~'~ +1,.~,,.,,..~, .....~._..,] ~ :"'~:~"'-......... '~'- ... vt.--'. "--'-' *~: ........... ...... ~°~'-" - '-) : ....... · :'-~rr~-"-: ° ' ''~' --'- .......... -rr- -- · --" ... ~-" .,--....*~':-' ° :;pro;' :1 "if ': :il n g 2O Charter Revision 12/10/01 (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/'/6; Am. Ord. No. 99-85, passed 9/24/85, Approved at Referendum 1 I/5/85) .~ection 5.04. ELECTIONS GENERALLy. (a) Number of votes per elector. Each elector shall be entitled to vote for each of the vacant seat numbers for the office of Commissioner and shall also be entitled to one vote for a candidate for the office of Mayor when there is a vacancy in that office; provided, however, no elector shall be entitled to cast more than one vote for any candidate. (b) Highest number of votes to elect in first nonpartisan election. (4-) In a nonpartisan election, a candidate for each of the seats on the ballot for the offices of Commissioners or for the office of Mayor who receives the highest number of votes even, if it is not a majority of the votes cast by all electors casting ballots for that office shall be declared to be elected .A.,. ,t.A... ,.....A ~.....~A ..,." ......, ..~':~'-- _ ...."- ...-- ,.-..- t. _ :.,. ...... -,----,---,.":"A°" provided , however , notwithstanding the foregoing provision, should two or more candidates tie for the highest number of votes fi.om all electors casting ballots for that seat for Commissioner or for the office of Mayor, then the candidates receiving the highest number of votes shall be declared candidates for the second nonpartisan election. '"',.., (c~ If One..... Person Qualifies for a Seat. In the event that not more than one person qualifies as a candidate for each of the seats for the offices of Commissioners or for the office of Mayor in the nonpartisan election, then an election shall not be held. Each candidate shall be deemed to have voted for himself or herself..; Fr~:':d:d, ...... , ................. (dl If No Person Qualifies. I_fno person qualifies as a candidate for any particular seat for the office of Commissioner or for the office of Mayor, then those seat(s) f,r °~e :ffice :f '"~--:": ...... ~'~- '~'~ ~'~ ~"~ ..... shall be declared vacant and it shall be the duty of the members of the Commission who are seated following the organizational meeting provided for in Section 3.01 3.04 of this C._~harter, by majority vote to appoint a qualified person to fill the vacancy, c..~. ...... :-'~" The member{s) avvointed to fill a vacancy ~ i_.n the office of Commissioner or the Office of Mayor shall serve as provided bv Section 3.08 of this Charter. ..,1,.~11 ........ +1! +1,.,,. 1.~+ ~ .... ..IA., 1. 'k,~..~l,., 4'~11~..,,~--~ +1. .... + .... 1~. r',:+,, ~I~,.,.,.;,,.,,., ,.,,. ,,,.,,,11 Candidates for second nonpartisan election. (1) In the second nonpartisan election, there shall be on the ballot those candidates for seats for the office of Commissioner or for the office of Mayor for those offices wherein candidates tied for the highest number of votes fi.om all electors casting ballots for that seat or office in the first nonpartisan election. The names of the candidates to be voted upon at the second nonpartisan election shall be the candidates which tie for the highest number of votes in the nonpartisan election. 21 Charter Revision 12/10/01 (2) In the event a candidate withdraws or dies before the second nonpartisan election and leaves only one candidate for each vacancy for a seat for the office of Commissioner or for the office of Mayor to be filled, then the second nonpartisan election shall not be held for that office. Each candidate shall be deemed to have voted for himself or__herself {-d-) Ill Method of election in a second nonpartisan dection. In the second nonpartisan election, the remaining offices shall be filled by the candidate(s) receiving the highest number of votes for each seat for the office of Commissioner or for the office of Mayor. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. Ord. No. 68-78, passed 9/25/78, Approved at Referendum 11/7/78; Am. Ord. No. 7-83, passed 1/25/83, Approved at Referendum 3/1/83; Am. Ord. No. 99-85, passed 9/24/85, Approved at Referendum 11/5/85; Am. Ord. No. 79-91, passed 11/19/91, Appwved at Referendum 3/10/92) Section $.05. RETURNS OF ELECTIONS. (a) Canvassing the Returns. The results of the voting, when ascertained by the Supervisor of Elections, shall be returned in duplicate; one copy to be delivered to the Mayor and the other to the City Clerk, both of whom shall transmit such returns to the Commission at a ~ meeting to be held not later than three (3) days after such election. At such meeting the Commission shall canvass the returns and, in the absence of a declaration of a contest by any of the candidates in such election, shall declare the results of the election as shown by the returns made by the Supervisor of Elections. (b) Certificates of Election. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. (ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76; Am. ord. No. 2-82. passed 1 /26/82. Approved at Referendum 3/2/82) Section 5.06. JUDGE OF ELECTION AND QUALIFICATION. The Commissioners shall be the judge of the qualifications of its own members, and the City Clerk shall be the judge of the election and election returns for the office of Mayor and for the offices of Commission seats. (Ord. No. 4-76, passed 2/23/'/6, Approved at Referendum 2/2/76; Am. Ord. No. 101-85, passed 9/24/85, Approved at Referendum 11/5/85) ~ection 5.07, SPECIAL ELECTIONS. (a) ~peclal Election Rules. The Commission shall provide the time, manner, and means of holding any special election, provided that no special election shall be called less than thirty (30) days following the adoption of a resolution calling for such election. (b) Method and Manner Set Forth by Ordinance. The Commission shall prescribe by ordinance the method and manner of holding all elections in the City, and shall provide when and how special elections shall be called and held which are not provided by the terms of this charter. All elections shall be conducted in accordance with this C_eharter and with the provisions of general law. 22 Charter Revision 12/10/01 (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) ~ectfon S.08. STRAW vOTE ELECTIONS. The Commission is also empowered and authorized to spend public funds for the conduct of straw vote elections upon a determination by the Commission that it is in the best interest of the City to obtain an expression of the people with respect to a particular municipal question. The Commission shall have the right to hold a straw vote election at any time, and may prescribe limitations relating to the eligibility of those who shall be qualified to participate. The results of said election shall not be binding on the Commission. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) ~;~ction S.O0. RECALL. The ~ electors of the City shall have the power to recall and to remove from office any elected official of the Cio/as provided by general law. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) ARTICLE VI. INITIATIVE, REFERENDUM ~ection 6.01. INITIATIVE. The ~ electors of the City shall have the power to propose ordinances to the Commission.......,-"~ ]if the Comm/ssion fails to adopt an ord/nance so proposed without any - - ~ Ci'.y - ~ ' the ordinance may be approved or change in substance, ° -'~"-*" --:-~' :° °" lreiected at a City election, if the provisions of this Article are met. - .1~11 ....4 .~....~ ~,^ H dg apital ................... owever, no ordinance relating t0. or affecting the bu et, e~ c program, .... ........ ., .................. '~: ....... '-':--e ",-. appropriation of money, levy of taxes or salaries of City officers or employees shall be .allowed to be brought forward as an initiative. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 212/76) Section 6.02. REFERENDUM. The qaali-ft~~-s electors of the City shall have power to require reconsideration by the Commission of any; adopted ordinance., ands, _Iif the Commission fails to repeal an ordinance b gh fo ' rou t forward r reconsideredation, ° ........... . .......~ ....... n, the issue may be i~pproved or reiected at a City election if.the provisions of this Article are met. prc;'id:d F::;';r :hall r:.:'. :xt:nd :c. However, no issue shall be allowed to be brou~t forward for reconsideration that relates tO. or affects the budget~ o~ capital program, ~ any emergency ordinance~ or ordinance relating to appropriation of money, levy :r (of-) taxes, or salaries of City officers or employees. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/?6) Section 6.03. COMMENCEMENT OF PROCEEDINGS~ (a) Petitioners Committee. Any five (5) ~ electors may commence either initiative or referendum proceedings by filing with the City Clerk or other official designated by the Commission (hereinafter both officials shall be referred tO as "City Clerk") an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, stating their names, and addresses~ and specifying the 23 Charter Revision 12/10/01 address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing thc ordinance sought to be reconsidered. (b) Issuance of Petition Blanks. Promptly after the affidavit of the petitioners' committee is liled, the (~Ity Clerk ,-- A,,._. At~:~:..~ A--:~..,~.~ s... ,~.a r,.~_:..:A- may, at the committee's request, issue the appropriate petition blanks to the petitioners' committee at the committee's expense. ~;ectlon 6.04. FORM OF PETITIONS. (a) Number of si/natures. Initiative and referendum petitions must be signed by qtmt/~4~~ electors of the City equal in number to at least fifteen (15) percent of the total number of q~mli,F~=v~ ~lectors registered to vote at the last regular City election. (b) Form and congent. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name, address, ----':d precinct number~ and date,.."c ~.~,.--..~,r:--:'~ ~'.f the person Signed the petition, siga/~. Petitions shall contain, or have attached thereto throughout their circulation, the full text of the ordinance proposed or sought to be reconsidered. (c) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he Qr she personally circulated thc paper, thc number of signatm'cs thereon, that all the signatures were affixed in his Or her presence, that he O..r she believes them to be thc genuine signatures of the persons whose names they purport to bc, and that each signer had an opportunity before signing to read thc full text of the ordinance proposed or sought to be reconsidered. (-e-) d~ Time for ~lng initiative petitions. Initiative petitions must be filed within sixty (60) days of the first signature thereon and signatures may not be procured prior to the time of commencement of proceedings as set forth in Section 6.03. When the petitions have been filed, the City Clerk shall submit the same to the Commission at its next regular meeting and provisions shall be made by the City Clerk for public hearings upon the proposed ordinance. (Ord. No. 4-76. passed 2/23/76, Approved at Referendum 2/2/76) (d-) ~ Time for filing referendum petitions. Referendum petitions must be filed within sixty (60) days after adoption by the Commission of the ordinance sought to be reconsidered. Section 6.0S. PROCEDURE FOR FILING. (a) Certificate of City Clerk; amendment. Within twenty (20) days after the initiative petition is filed and five (5) days/e~ l~fl~ a referendum petition/s filed, the City Clerk c ...... Ce......:' complete a ' - A'~'-- c.~.:oi=! _-':---.::.'%...~,..='. '~ ,.j .... m--: .:ch shall certificate as to its sufficiency...; · '-~:'"=-~ :'f' ~* ;': .... "~-:--' The (~ertificate shall ~eci~v the de~dencies ~d defects +~'~ r--'":'""'-=-'-'- .......~'---:-.-. ,.;* i~ ........'~-"-'°:"~... and shall promptly send a copy of the certificate to the petitioners' committee by registered mail. Grounds for insufficiency are only those specified in Section 6.04. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' committee files a notice of intention to amend it with the 24 Charter Revision 12/10/01 CityClerk ,~"r ~ '~'- ..~A:., .*A.:--.,A.' ~... ,~.. Cc~.m/::ic= within ~O (2) ~ ~ receipt ~e copy of ~s or.. h~ c~ficate ~d files a suppl~~ petition upon --~---~---'~:':~'" r-r-.- ...... wi~ ten (10) days after r~eiv~g ~e copy of such c~ficate. Additional silages may be gath~ed in ~s ten day period in ord~ to meet ~e ~~ ~uked n~b~ of electom. Such supplement~ petition ~ll ~mply ~ ~e ~uk~ of subsecfio~ ~) ~d (c) of Section 6.~o aad W~ithin five (5) ~ys ~er it is fil~ ~e Ci~ Clerk ~r ~'g-- ~-:-' a-:--"-a ~" 'g' ~--m:%i~- complete a C ......- ... ~11 ~fi~te ~ to ~e ~cimcy of &e petition ~ ~ded ~d promptly smd a ~py of ~ch c~ficate to ~e ~fion~' ~~ by ~~ m~l ~ ~ ~e ~e of ~ ofi~ p~fion. ~) Final determination of sufficiency by City Clerk. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request commission rev/ew under subsection (~/il of this section within the time required, the City Clerk A. A,,.-. A:~., _ ·., "'..c.n'.ar..i:::'~..~ shall promptly present his or her certificate to the Commission and the certificate shall then be a final determination as to the sufficiency of the petition. {b) ~ Commission review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) ~usiness days after receiving the copy of such certificate, file a request for review bY ~e City Commission ~ and the Commission's determination_of :h.~ll '~'~-...... ~'~.... .~ -.....*:-~' ..,.....-'~'---:-'°:......... sufficiency of the petition, shall be the final determination. (Ord. No. 4.76, passed 2/23/76, Approved at Referendum 2/2/76) Section 6.06. REFERENDUM PETITIONS SUSPENSION OF EFFECT OF ORDINANCE. When a referendum petition is filed with the City Clerk"vt :~.:r c..ffi :ir..' .... .,A.: ~,-"""'~ ...... ,...., ,~.~..... Cc.:r'.~'r. iccic.':., the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition,i or (2) The petitioners' committee withdraws the petition:i or (3) The Commission repeals the ordinance-,; or After a vote of the City on the ordinance has been certified. (Ord. No. 4-'/6, passed 2/23/76, Approved at Referendum 2/2/76) ~;ecflon 6.07. ACTION ON PETITIONS. (a) Action by Commission. When an initiative or referendum petition has been finally determined sufficient, the Commission shall promptly consider the proposed initiative ordinance in the manner provided by general law for passage of ordinances or reconsider the referred ordinance by voting its repeal. If the Commission fails ~o adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred 2~ Charter Revision 12/I0/01 ordinance within thirty (30) days, it shall submit the proposed or referred ordinance to the voters of the City. (b) Submission to voters. The vote of the City on a proposed or referred ordinance shall be held not less than th/try (30) days and not more than sixty (60) days from the date that the petition was determined sufficient. If no regular City election or no general or primary election is to be held with/n the per/od deseribed in th/s subsection, the Comm/ssion shall provide for a special election, except that the Commission may in its discretion provide for a special election at an earlier date within the described period. Copies of the proposed or referred ordinance shall be made available at the polls. (c) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the City by filing City r, ..~. with the Clerk zr -'~'- A~:~, a "~ a request for withdrawal signed by at least four (4) members of the petitioners' comrn/ttee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) .$ection 6.08, RESULT OF ELECTION. (a) Initiative. If a majority of the .... ':~-'~ electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Commission. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (b) Referendum. If a majority of the qaa~fied electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) *Editor's Note: This Article VI shall apply to all in/tiative and referendum situations within the .'City, unless otherwise governed by F.S. Sections 166.031,171.0413 and 171.051. ARTICLE VII. TRANSITION SCHEDULE ~;ection 7.01. CONTINUATION OF FORMER CHARTER PROVISIONS. All provisions of Chapter 25786, Laws of Florida, Special Acts 1949, as amended by special law or otherwise, which are not embraced herein and which are not inconsistent with this Ceharter shall become ordinances of the City subject to modification or repeal in the same manner as other ordinances of the City. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) ~;ection 7.02. ORDINANCES PRESERVED. Ail ordinances in effect upon the adoption of t/tis ehsptm Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) 26 C3mrtcr Revision 12/10/01 Section 7.03. RIGHTS OF OFFICERS AND EMPLOYEES. Nothing in this ehapt~ Charier. except as otherwise specifically provided, shall affect or impair the fights or privileges of persons who are City officers or employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the duties thereof._ ..--+:1 4.'1..:....~....~ ..~ Section 7.04. PENDING MATTERS. All rights, claims, actions, orders, conlracts, and legal or administrative proceedings involving the City shall continue except as modified pursuant to the provisions of this Ceha.ner. All right, title, and interest in property, real or personal, uncollected taxes due, claims, judicial decrees, liens, suits, actions, and chooses in action held or owned by the existing municipality shall pass and the same are hereby vested in the municipality continued under this revised charter. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) Section 7.05. OBLIGATION OF CONTRACTS PRESERVED. No debt or obligation of contract of the City shall be changed as a result of the adoption of this Ceharter. All such debts and obligations shall pass to and be binding upon the municipality ;?--.':L :': hereby continued. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) (~d. No. 4.76. p~sed 2/23/76, Approv~ at Ref~dm 2/2/76) 'Section ?.0-~ DELETION OF OBSOLETE SCHEDULE ITEMS. The Commission shall have power, by resolution, to delete from this Article VII any section, including this one, when all events to which the section to be deleted is or could become applicable have occurred. (Ord. No. 4-76, passed 2/23/76, Approved at Referendum 2/2/76) A12,'lqT,d"~ 'E" 17Tlr1' 1iarWTlklld"q1'12,,IT I"q~'"~TTI~"'Iq 27 RESOLUTION NO. 71-01 (~hiest/on 1 Rev. 11/30/01 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 12, 2002, TO PROVIDE FOR A REFERENDUM ON THE CHARTER CHANGE PRESENTED IN ORDINANCE NO. 62-01; PROVIDING FOR THE TIME, MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING A SAVING CLAUSE AND AN EFFECTIVE DATE. WHEREAS, Ordinance No. 62-01 amends the City Charter by clarifying, deleting obsolete references, con'ecting grammatical errors, reorganizing and enhancing the Charter's "l'eadability"; and WHEREAS, the City of Dekay 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. 62-01 be held on March 12, 2002. NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DELKAY 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. 62-01 Section 3. 12, 2002. 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 ,2002. ATTEST: MAYOR City Clerk Question 1 Rev. 11/30/01 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 12, 2002 on the Charter pwposed by Ordinance No. 62-01 to wit: CHARTER REVISION CLARIFYING, REORGANIZING, AND ENHANCING THE '~READABILITY" OF THE CHARTER. AN AMENDMENT REVISING THE CITY OF DELKAY BEACH CHARTER BY REORGANIZiNG, CORRECTING GRAMMATICAL ERRORS, CLARIFYING CERTAIN PROVISIONS, DELETING OBSOLETE TERMS, AND MAKING THE CHAKTER EASIER TO READ, AS PROVIDED IN ORDINANCE NO. 62-01 SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENT BE ADOPTED? YES (for approval) NO (against approval) CITY OF DELKAY BEACH, FLORIDA PUBLISH: The News Barbara Garito City Clerk [Th/s publication shall be made at least twice, once in the fifth week and once in the th/rd week prior to the week in wh/ch the referendum is to be held, at least 30 days pr/or to the referendum date.]