Ord 64-01ORDINANCE NO. 64-01
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA; PROVIDING FOR CHARTER
REVISIONS BY AMENDING THE CHARTER OF THE CITY
OF DELRAY BEACH, ARTICLE III, "LEGISLATIVE", SECTION
3.0.1, "COMMISSION CITY MANAGER FORM OF
GOVERNMENT; TERM OF OFFICE; NUMBER; OFFICE OF
THE VICE MAYOR AND DEPUTY VICE MAYOR;
SUCCESSION TO THE OFFICE OF THE MAYOR; TERM
LIMITS", BY REPEALING SECTION 3.01(c) AND ENACTING A
NEW SECTION 3.01(c) AND BY AMENDING ORDINANCE
NO. 62-01, SECTION 3.09, "TERM LIMITS", BY AMENDING
SUBSECTION (a), TO PROVIDE THAT EFFECTIVE FOR
THOSE ELECTED IN MARCH 2003 AND THEREAFTER A
COMMISSIONER AND/OR THE MAYOR WHO REACHES
TERM LIMITS DURING AN ELECTED TERM SHALL BE
NEVERTHELESS PERMITTED TO SERVE OUT THAT
ELECTED TERM; PROVIDING FOR A REFERENDUM ON
MARCH 12, 2002, PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee which
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 Question set forth in this Ordinance to a vote of the electorate; and
WHEREAS, the City Commission desires to amend Ordinance No. 62-01 if the
electorate votes for its passage and if not to amend the current City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Article III, "Legislative", Section 3.01, "Commission City
Manager Form of Government; Term Office; Number; Office of the Vice-Mayor and Deputy Vice-
Mayor; Succession to the office of Mayor; Term Limits", of the City Charter of the City of Delray
Beach, Florida, Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, be
and is hereby amended by repealing Section 3.01(0 and enacting a new Section 3.01(0 to read as
follows:
(c) Individual Commissioners, including the Mayor, shall be prohibited from
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 appointment. Effective for those elected in March of
2003 and thereafter, a Commissioner or Mayor may complete the entire term to which
they were elected, if a term limit is reached during an elected term. A person who has
served the maximum amount of consecutive time allowed by this Charter as 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 2. That Article III, "Legislative" of the City Charter, Chapter 24788,
Laws of Florida, Special Act of 1949 and amendments thereto and Ordinance No. 62431, Section
3.09, "Term Limits" is hereby amended by amending Section 3.09(a) of Ordinance No. 62431 to
read as follows:
Section 3.09 TERM LIMITS.
(a) Term Limit. Individual Commissioners, including the Mayor, shall be
prohibited from 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 years served as a result of appointment. Effective for those
elected in March of the year 2003 and thereafter, a Commissioner or Mayor may complete
the entire term to which they were elected, if a term limit is reached during an elected
term.
Section 3. That Section 1 or 2 of this Ordinance shall be effective as follows:
If Ordinance No. 62-01 is not approved and the electors approve of the question
set forth in Section 4, then only Section 1 of this ordinance shall have passed and Section
2 which amends Ordinance No. 62431 will be null and void. However, if the question
presented in Ordinance No. 62-01 is passed and the question in this ordinance is
approved, then only Section 2 of this ordinance shall have passed and Section 1 which
amends the Charter as currently set forth will be null and void. If the electors disapprove
of the question provided for in this ordinance then this ordinance, shall be deemed null
and void in its entirety.
Section ~r. This ordinance shall be effective as provided in Section 3 above.
The majority of the electors voting at the election to be held March 12, 2002, shall either approve
or disapprove of the following question which will be presented substantially as follows:
2 ORD NO. 64-01
Question 3
CHARTER REVISION PERMITTING TERM LIMITED ELECTED
OFFICIALS TO SERVE OUT THEIR ELECTED TERM EFFECTIVE 2003.
CITY OF DELRAY BEACH CHARTER AMENDMENT PERMITTING
ELECTED OFFICIALS TO SERVE OUT THE ENTIRE TERM TO WHICH
THEY WERE ELECTED IF A TERM LIMIT IS REACHED DURING AN
ELECTED TERM, EFFECTIVE FOR THOSE ELECTED MARCH OF 2003
AND THEREAFTER.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENT BE
ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
Section 5. That upon the approval of this ordinance by the electors as set forth
above, all ordinances or parts or 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 6. That 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 7. That this ordinance shall become effective upon its passage on
second and final reading and in accordance with Section 3 above.
the~'g~
ATTEST:
PASr~ED AND ADOPTED in regular session on second and final reading on this
City Clerk
First Reading.~:5 '
Readin~'
Second
MAYOR
3 OR.D NO. 64-01
[ITY (IF DELRrI¥ BErI[H
RECEIVED
D;C I 9 7001
CITY MANAGER
CITY ATTORNEY'S OFFICE
200 NW 1st AVENUE · DELRAY BEACH, FLORIDA 33444
TELEPHONE 561/243-7090 · FACSIMILE 561/278-4755
1993
DATE:
TO:
FROM:
SUBJECT:
Wdter's Direct Line 561/243-7091
MEMORANDUM
December 19, 2001
City Commission
Susan A. Ruby, City Attorney
Ordinance No. 64-01 Revision to the City Charter
Ordinance No. 64-01 amends the current City Charter or, if passed at referendum,
Ordinance No. 62-01. Ordinance No. 64-01 provides:
1)
2)
Effective for those elected in March 2003 and thereafter if a term limit
is reached during an elected term the elected official may
nevertheless serve out the entire term.
The ordinance is effective if approved by the voters and effects those
elected in March 2003 and thereafter.
Please call if you have any questions.
CC:
David T. Harden, City Manager
Barbara Garito, City Clerk
ORDINANCE NO. 64-01
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELKAY BEACH, FLORIDA; PROVIDING FOR
CHARTER REVISIONS BY AMENDING THE CHARTER OF
THE CITY OF DELRAY BEACH, ARTICLE III,
"LEGISLATIVE", SECTION 3.01, "COMMISSION CITY
MANAGER FORM OF GOVERNMENT; TERM OF OFFICE;
NUMBER; OFFICE OF THE VICE MAYOR AND DEPUTY
VICE MAYOR; SUCCESSION TO TIlE OFFICE OF THE
MAYOR; TERM LIMITS", BY REPEALING SECTION 3.01(c)
AND ENACTING A NEW SECTION 3.01(c) AND BY
AMENDING ORDINANCE NO. 62-01, SECTION 3.09, "TERM
LIMITS", BY AMENDING SUBSECTION (a), TO PROVIDE
THAT EFFECTIVE 2003 AND THEREAFTER A
COMMISSIONER AND/OR THE MAYOR WHO REACHES
TERM LIMITS DURING AN ELECTED TERM SHALL BE
NEVERTHELESS PERMITTED TO SERVE OUT THAT
ELECTED TERM; PROVIDING FOR A REFERENDUM ON
MARCH 12, 2002, PROVIDING A GENERAL REPEALER
CLAUSE; PROVIDING A SAVING CLAUSE; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee which
sought input from the Community as to potenual Charter revisions; and
WHEREAS, the City Commission, after a review of many proposals, has decided to
put the Question set forth in this Ordinance to a vote of the electorate; and
WHEREAS, the City Commission desires to amend Ordinance No. 62-01 if the
electorate votes for its passage and ff not to amend the current City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Arude III, "Legishtive", Section 3.01, "Commission City
Manager Form of Government; Term Office; Number; Office of the Vice-Mayor and Deputy Vice-
Mayor; Succession to the office of Mayor; Term Limits", of the City Charter of the City of Delray
Beach, Florida, Chapter 24788, Laws of Florida, Special Act of 1949 and amendments thereto, be
and is hereby amended by repealing Section 3.01(c) and enacting a new Section 3.01(c) to read as
follows:
(c) Individual Commissioners, including the Mayor, shall be prohibited from
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 yeats" shall not
include any time served as a result of appointment. Effective in the year 2003 and
thereafter, a Commissioner or Mayor may complete the enttre term to which they were
elected, ~f a term limit is reached during an elected term. A person who has served the
maximum amount of consecutive time allowed by this Chatter as Commissioner or Mayor
shall remain out of office until the last Thursday m March of the year following the
expiration of his or her term of office.
Section 2. That Attire III, "Legislative" of the City Charter, Chapter 24788,
Laws of Florida, Special Act of 1949 and amendments thereto and Ordinance No. 62-01, Section
3.09, "Term Limits" is hereby amended by amending Section 3.09(a) of Ordinance No. 62-01 to
read as follows:
Section 3.09 TERM LIMITS.
(a) Term Limit. Individual Commissioners, including the Mayor, shall be
prohibited from holding office for more than six (6) consecutive yeats: The term "holding
office" shall be defined as serving as Comrmssioner or Mayor. The term "consecutive years"
shall not include any yeats served as a result of appointment. Effective in the year 2003 and
thereafter, a Commissioner or Mayor may complete the entire term to which they were
elected, if a term limit is reached during an elected term.
Section 3. That Section 1 or 2 of this Ordinance shall be effective as follows:
If Ordinance No. 62-01 is not approved and the electors approve of the question set
forth in Section 4, then only Section 1 of this ordinance shall have passed and Section 2
which amends Ordinance No. 62-01 will be null and void. However, if the question
presented in Ordinance No. 62-01 is passed and the question in this ordinance is approved,
then only Section 2 of this ordinance shall have passed and Section 1 which amends the
Charter as currently set forth will be null and void. If the electors disapprove of the
question provided for in this ordinance then this ordinance, shall be deemed null and voxd in
its entirety.
Section 4. This ordinance shall be effective as provided in Section 3 above. The
majority of the electors voting at the election to be held Match 12, 2002, shall either approve or
disapprove of the following question which will be presented substantially as follows:
2 ORD NO. 64-01
Question 3
CHARTER REVISION PERMITTING TERM LIMITED ELECTED
OFFICIALS TO SERVE OUT THEIR ELECTED TERM EFFECTIVE 2003.
CITY OF DELRAY BEACH CHARTER AMENDMENT PERMITIING
ELECTED OFFICIALS TO SERVE OUT THE ENTIRE TERM TO WHICH
THEY WERE ELECTED IF A TERM LIMIT IS REACHED DURING AN
ELECTED TERM EFFECTIVE IN 2003 AND THEREAFTER.
SHAI.L THE ABOVE-DESCRIBED CHARTER AMENDMENT BE
ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
Section 5. That upon the approval of this ordinance by the electors as set forth
above, all ordinances or parts or 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 6. That any clause, section or other part of this ordinance shall be
declared invalid or unconstitutional by a court of competent jurischction, the remainder of this
ordinance shall not be affected thereby but shall remain in full force and effect.
Section 7. That this ordinance shall become effective upon its passage on
second and final reading and in accordance with Section 3 above.
the
PASSED AND ADOPTED in regular session on second and final reading on this
day of ,2001.
ATTEST:
City Clerk
First Reading
Second Reading
MAYOR
3 ORD NO. 64-01
RESOLUTION NO. 73-01
Question 3
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. 64-01; PROVIDING FOR THE TIME,
MANNER AND MEANS OF HOLDING SAID ELECTION, PROVIDING
A SAVING CLAUSE AND AN EFFECTIVE DATE.
WHEREAS, Ordinance No. 64-01 amends the City Charter by permitting a term limited
commissioner or mayor to serve out an elected term; 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 Dekay 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. 64-01 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. 64-01
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
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 Charier proposed by
Ordinance No. 64-01 to wit:
CHARTER REVISION PERMITTING TERM LIMITED ELECTED
OFFICIALS TO SERVE OUT THEIR ELECTED TERM EFFECTIVE 2003.
CITY OF DELRAY BEACH CHARTER AMENDMENT PERMITTING
ELECTED OFFICIALS TO SERVE OUT THE ENTIRE TERM TO WHICH
THEY WERE ELECTED IF A TERM LIMIT IS REACHED DURING AN
ELECTED TERM TO BE EFFECTIVE FOR THOSE ELECTED IN MARCH
OF 2003 AND THEREAFTER.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENT 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.]
07/02402 10:29 FAX 561 243 3774 CITY CLERK ~001
*** TX REPORT
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TRANSMISSION OK
TX/RX NO
CONNECTION TEL
CONNECTION ID
ST. TIME
USAGE T
PGS. SENT
RESULT
3259
918502223806
07/02 10:26
02'54
4
OK
FAX
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
100 N.W. 15t Ave
Delray Beach FL 33444
Tel (561) 243-7050 - Fax (561) 243-3774
1993
TO: Taylore N. Maxey (850) 222-3806 (FI League of
Cities)
FROM.' Barbara Garito, C!ty Clerk
OUR FAX (561) 243-3774
TOTAL NUMBER OF PAGES (including cover sheet)
Urgent X For Review Please Comment
4
[] Please Reply [] Please Recycle
COMMENTS:
Taylore, attached you will find our Ordinance No. 64-01 which amends term limits
for our City Commission. This question was on the March 12, 2002 and passed.
Please let me know if I can be a further assistance.
Barbara Garito, City Clerk
FL League of Cities
6/18102
10:19 PAGE 3/4
RightFA×
486-7896 or e-mail your requests to
latonya.m, davis~dep, state, fl. us.
Municipal Electri
Tax Revenues
Florida Power and Light i~ ~lefunding
$86 million to its customers during
the month of June. This will reduce
electricity bills and therefore reduce
the revenues many cities receive from
their franchise fees and their municipal
utility taxes. If you would like more
specific information, log on to Web Taxi
at www. fpl.com/taxi and select "Rate
Changes and Refunds."
Bill Affirms Local
Control of Drug
Rehabilitation Facilities
The 2002 Legislature passed a bill to
assist cities by affirming local control
of drug rehabilitation facilities. Rep. Bill
Andrews and Sen. Durell Peaden were
the primary sponsors of the legislation,
which requires these facilities to be
licensed by the Florida Department of
Children and Familiesand provide proof
that the facility is properly zoned before
they get the license. The bill also re-
quires full background checks of people
owning and operating substance abuse
rehabilitation facilities. The bill passed
as Senate Bill 562 and becomes effec-
tive on July 1,2002.
Highlights of the bill:
· Cladfiesthat local government may
control location of social service facili-
tiesthrough zoning;
· Requires an applicant fora license
to the Department of Children and Fami-
liesto operate a substance abuse facil-
ity to provide proof that they are in
appropriate zoning;
· Requires that the "transitional'
living facilities, i.e., halfway houses,
sober houses, etc., be licensed by the
Department of Children and Families,
and provide proof that they are in the
appropriate zoning;
· Requires additional persons to be
subject to Level II background checks
(both Florida Department of Law En-
forcement and the FBI); and
· Prohibits licensure if Level II back-
ground check reveals felonies within
past five years- regardless of adjudi-
cation.
The affirmation of local government's
ability to control the location of social
services is important, because often
attorneys representing a client who has
opened a halfway house will threaten a
lawsuit based on the Americans with
Disabilities Act or Fair Housing laws.
While those laws certainly are a factor,
neither of them says a county or a
municipality has to allow anybody to
operate a halfway house or treatment
center any place they want without re-
gard to the needs and wishes of the
rom munity and its resources.
Foradditional information, please con-
tact Rep. Andrewsat (561) 279-1616.
2001-2002 F & T
Books Still Available
Copiesof the League's Financialand
Technical Assistance for Florida Mu-
nicipalities 2001-2002 are still available
to our members. This 430-page publi-
cation provides information on grants,
loans, technical assistance and other
resources available to Florida munici-
palities Providers include federal, state
and local governments as well as pri-
vate organizations. The publication is
free to League members and available
at a reasonable cost to governmental
non-membersand non-profit or private
organizations. For further information
or to request a copy, call Joy Freeman
at the League office or e-mail her at
jfreernar~.flcities, com. The 2002-2003
edition of the book will be out in Au-
gust.
Florida Municipal
Training Calendar
The 2002 edition of the Florida
Municipal Training Calendar is still
available to Florida League of Cities'
members. Compiled by the League,
this calendar is a ~l-stop" resource to
help identify municipal training opportu-
nities. The calendar is free to League
members, and also is available on the
League'sWeb site at www. flcities, com/
flc_trcal.asp. To receive a copy, or for
more information, contact Joy Freeman
at the League office or via e-mail at
jffee man~ flc itie $. com.
Florida Communities
Trust Flori la Fo ¥ r
Program
The deadline fdr submitting applica-
tionsto the Florida CommunitiesTrust
Florida Forever Program is Tuesday,
July30, 2002, at 6:00 p.m. Funds avail-
able for awardswill derive from Florida
Forever bond proceeds. The trust ex-
pects that up to $66 milhon will be
available for use in this funding cycle.
The trust allows 100 percent grant fund-
ing to counties with populations under
75,000, municipalities with populations
under 10,000 and eligible nonprofit en-
vironmental organizations.
Interested parties may obtain more
information by calling the Florida
Communities Trust at (850) 922-2207
(Suncom 292-2207) or by vis'~ing their
Web site at www. dca. state, fl. u.,~/ffct/
florida_ fore ve r_pro ~ram. htm.
Environmental
Permitting Summer
School
The Florida ChamberofCommerce is
holding the Environmental Permitting
Summer School on July 17 - 19, at the
Marriott Marco Island Resort. Course
topics include: endangered and threat-
ened species, water quality, storrnwater,
water resources, air quality, waste man-
agement, site remediation and regula-
tory compliance.
For more information, please contact
the Florida Environmental Netvz)rk, Inc.
at (850) 425-2477.
Requests for
Information
· The Florida League of Cities is col-
lecting term limit language statewide. If
your municipality's charter has language
relating to term limits, please e-mail
the information to Taylore N. Maxey at
tmaxe y2~fbilies, corn, fax to (850) 222-
3806 or call (850) 222-9684.
· The Town of Lantana is exploring
the possibility of re-establishing a Fire/
Rescue Department. Currently, the
county provides this service for the tovm.
The town would like to send out an RFP
that would solicit a firm to complete an
objective detailed analysis of the costs
associated with the Fire/Rescue De-
partment. This analysiswould compare
the start-up costsof a new department
to the continuation for the county to
provide service. If you have been through
a similar processor have any informa-
tion, please contact Stephen Kaplan at
(561) 540-5031.
1910 Double.Decker
English Bus for Sale
The City of Inverness will receive
sealed bids until 4:00 p.m. on July 18,
2002 at the City Administration Office,
Attn: Madlyn Jordan, City Clerk, 108 N.
Seminole Avenue, Invemess, FL 34450
for the following:
FAX
CITY CLERK'S OFFICE
CITY OF DELRAY BEACH
100 N.W. I st Ave
Delray Beach FL 33444
Tel (561) 243-7050 - Fax (561) 243-3774
DELRAY BEACH
1993
TO:
Taylore N. Maxey (850) 222-3806 (FI League of
Cities)
FROM: Barbara Garito, City Clerk ~
(56~ 243-7051
(561) 243-3774
TOTAL NUMBER OF PAGES (including cover sheet)
DIRECT PHONE LINE
OUR FAX
Urgent
X For Review Please Comment [] Please Reply [] Please Recycle
COMMENTS:
Taylore, attached you will find our Ordinance No. 64-01 which amends term limits
for our City Commission. This question was on the March 12, 2002 and passed.
Please let me know if I can be a further assistance.
Barbara Garito, City Clerk
VIOING FOR THE I..ENGTH OF THE
MAYOR'S I'ERM IF 8.ECl!~ AT A
9FISCAL B. ECTI(~ BY REPF. N~WG
~[:CTION 3.0~cf), 'VACAaCES, FOR-
FEITURE OF OFf,E, RLLI~ ~
' VAC/,~IES', MqD EM4~rIN~ A NEW
91~ 3.(~(d), "RLMNG A VACNg-
CY IN 'tHE OFFtCE OF MAY0~'" AND
' 16UgSECTION6 306((:1~1)(2X3)~4)
i,- and (5), TO PROVID[ FORI~.LINGA