Ord 17-13ORDINANCE NO. 17 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32
"DEPARTMENTS, BOARDS AND COMMISSIONS ", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 32.08(E), "LENGTH OF
TERMS; RESTRICTIONS ", FOR THE PURPOSE OF
REMOVING REFERENCE TO THE NEIGHBORHOOD
ADVISORY COUNCIL; REPEALING SECTIONS 32.45,
"ESTABLISHMENT "; 32.46, "COMPOSITION, APPOINTMENT;
TERMS "; 32.47, "ORGANIZATION "; 32.48, "QUALIFICATIONS
OF MEMBERS ", 32.49, "DUTIES AND RESPONSIBILITIES ",
32.50, "MEETINGS ", IN THEIR ENTIRETY- PROVIDING
A SAVING CLAUSE, A GENERAL REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has decided to
dissolve the Neighborhood Advisory Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section. 2. That Chapter 32, "Departments, Boards and Commissions ", Section
32.08(E), "Length of Terms; Restrictions ", shall be amended to read as follows:
(E) No member of any advisory board or Committee may concurrently serve on
another advisory board. or Coratnittee. However, this prohibition shall not apply if an
ordinance and /or resolution expressly provides that the membership of an advisory board or
Committee includes, as part of its membership, the member(s) of another specifically named
advisory board or Committee. F—hibidon wffl -not apply to any pefeson who is --a
M ef! of an --u-ittee and also is a pointed to set-,Fe an the
. In such a case, a member
of the specifically named advisory board or Committee is eligible to serve on two (2) or
more advisory boards or Committees. Notwithstanding the foregoing, a member may serve
on more than one task force or ad hoc Committee or may serve as an advisory board or
Committee member and a member of a task force or ad hoc Committee without being
expressly provided for by an enacting ordinance or resolution. Dual memberships, where .
allowed herein, shall not be allowed if prohibited by Florida Law or the Florida Constitution.
Section 3. That Chapter 32, "Departments, Boards and Commissions ", ,Sections 32.45,
"Establishment", 32.46, "Composition; Appointment; Terms ", 3.2.47, "Organization ", 32.48,
"Qualifications of Members; 32.49, "Duties and Responsibilities" and 32.50, "Meetings ", shall be
repealed in their entirety as follows:
1 @ -3erve sha i ,
1T,embers shall serve two-y-eftf! —.-
sueeessars A 11 1--
shall be appointed by '--.e City Gommission for One-year 'LetMS. No stadent membei! m-gy
serve more than two (2) stteeessive teiz±ns.
. O
fteee5sai7. The Chairperson shall be the offleial spokespftson Cot! the Board md the foi!
V") Ile NeIr orh
support pl!ovi�e-d as determined by the City Matiaget- L - pef-son shA be designated as
S�ACd !'®TTRT TY!`A f Td1TOTC d1�, Rf�A
a. Twelve (12) residents with two (2) residents s eleeted ftem each of A.1 C
neighborhood zones.
b. Three
ORD. N(7. 17 -13
_.w
_ _ _
... - Oki • _
.. 1. . ,.. m. m ..
..
s.
MAN
Ult
A A
w
R ■
•
ORD. NQ. 17 -13
- - - -
-
M l
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances M' conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
First Reading
Second Reading
ORD. NO. 17-13
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: Terrill Pyburn, Assistant City Attorney
THROUGH: Brian Shutt, City Attorney
DATE: July 24, 2013
SUBJECT: AGENDA ITEM 11.A. - REGULAR COMMISSION MEETING OF AUGUST 6, 2013
ORDINANCE NO. 17 -13
ITEM BEFORE COMMISSION
Page 1 of 1
The attached Ordinance No. 17 -13 amends Section 32.08 (E) which eliminates reference to the
Neighborhood Advisory Council and repeals Sections 32.45, 32.46, 34.47, 34.48, 32.49, and 32.50 in
their entirety.
BACKGROUND
The City Commission appreciates the service of all of the members of the Neighborhood Advisory
Council, but pursuant to staff's recommendations, the City Commission stated a desire to eliminate the
Neighborhood Advisory Committee (among others) at their July 16, Special Workshop meeting in order
to reduce staff time and resources. This is one of the few Boards that is not required by state law or
City Charter and it was discussed that the City Commission can create a project- specific task force to
review items as necessary in the future.
RECOMMENDATION
The City Attorney's office recommends City Commission approval.
http:// itwebapp/ Agendalntranet /Bluesheet.aspx ?Item1D =6991 &MeetinglD =456 8/14/2013
ORDINANCE NO. 17 -13
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, AMENDING CHAPTER 32
"DEPARTMENTS, BOARDS AND COMMISSIONS ", OF THE
CODE OF ORDINANCES OF THE CITY OF DELRAY BEACH,
FLORIDA, BY AMENDING SECTION 32.08(E), "LENGTH OF
TERMS; RESTRICTIONS ", FOR THE PURPOSE OF
REMOVING REFERENCE TO THE NEIGHBORHOOD
ADVISORY COUNCIL; REPEALING SECTIONS 32.45,
"ESTABLISHMENT "; 32.46, "COMPOSITION; APPOINTMENT;
TERMS "; 32.47, "ORGANIZATION "; 32.48, "QUALIFICATIONS
OF MEMBERS ", 32.49, "DUTIES AND RESPONSIBILITIES ",
32.50, "MEETINGS ", IN THEIR ENTIRETY; AND PROVIDING
A SAVING CLAUSE, A GENERAL, REPEALER CLAUSE, AND
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, has decided to
dissolve the Neighborhood Advisory Council.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That the recitations set forth above are incorporated herein.
Section 2. That Chapter 32, "Departments, Boards and Commissions ", Section
32.08(E), "Length of Terms; Restrictions ", shall be amended to read as follows:
(E) No member of any advisory board or Committee may concurrently serve on
another advisory board or Committee. However, this prohibition shall not apply if an
ordinance and /or resolution expressly provides that the membership of an advisory board or
Committee includes, as part of its membership, the member(s) of another specifically named
advisory board or Committee.
In such a case, a member
of the specifically named advisory board or Committee is eligible to serve on two (2) or
more advisory boards or Committees. Notwithstanding the foregoing, a member may serve
on more than one task force or ad hoc Committee or may serve as an advisory board or
Committee member and a member of a task force or ad hoc Committee without being
expressly provided for by an enacting ordinance or resolution. Dual memberships, where
allowed herein, shall not be allowed if prohibited by Florida Law or the Florida Constitution.
Section 3. That Chapter 32, "Departments, Boards and Commissions ", Sections 32.45,
"Establishment ", 32.46, "Composition; Appointment; Terms ", 32.47, "Organization ", 32.48,
"Qualifications of Members; 32.49, "Duties and Responsibilities" and 32.50, "Meetings ", shall be
repealed in their entirety as follows:
iRrGuunnunnr) or)3rrSORY GOUNGrr
See. 32.45. ESTABLISHMENT.
ORD. NO. 17 -13
See. 34.46. COMPOSITION;
A PPOI
TAiiL'N T; TERMS.
See. 32.47. ORG A
NIZ A'TION
See. 32 48
OF
MEMBERS.
QUALIFICA-TIONS
ORD. NO. 17 -13
-- - - - - -- - - -- -- - - -- - -- -
ORD. NO. 17 -13
IZ
JZ , Im 7
lM, 1"
-- - - - - -- - - -- -- - - -- - -- -
ORD. NO. 17 -13
i�l lf!l -1 11 E
Ml4ff! - --
!f
WIN MEN! 'iqig�
Section 3. That should any section or provision of this ordinance or any portion
thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction to be
invalid, such decision shall not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 4. That all ordinances or parts of ordinances in conflict herewith be, and the
same are hereby repealed.
Section 5. That this ordinance shall become effective immediately upon its passage on
second and final reading.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of 12013.
ATTEST
City Clerk
First Reading
Second Reading
MAYOR
4
ORD. NO. 17 -13
FRIDAY, AUGUST 9, 2013 1 (561) 820 -4343
s
CITY OF DELRAY BEACH, FLORIDA
NOTICE OF PUBLIC HEARING
A PUBLIC HEARING will be held 'on
the following Proposed ordinance
on AUGUST 20, 2013 at 7:00 p.m, or
at any Continuation of such meeting
which is set by the Commission), in
the Commission Chambers, too N.W.
1st Avenue, Delray Beach, Florida, at
which time the GitY Commission will
consider its adopption. The proposed
ordinance may, he inspected at the
Office of the City Clerk at City Hall,
100 N.W. 1st Avenue, Delray Beach,
Florida, between 8:00 a.m. and 5:00
p.m., Monday through Friday, except
holidays. Interested parties are invited
to attend and be heard with respect to
the proposed ordinance.
ORDINANCE NO. 17 -13
AN ORDINANCE OF THE CITY
COMMISSION OF THE - CITY OF
DELRAY BEACH, FLORIDA, AMENDING
CHAPTER '32 "DEPARTMENTS,
BOARDS AND COMMISSIONS ", OF
THE CODE OF ORDINANCES OF THE
CITY- OF DELRAY BEACH, FLORIDA,
BY AMENDING SECTION 32.08(E),.
"LENGTH OF TERMS; RESTRICTIONS ",
FOR 'THE PURPOSE OF REMOVING
REFERENCE TO THE NEIGHBORHOOD
ADVISORY COUNCIL; REPEALING
SECTIONS 32,45, "ESTABLISHMENT";
32.46, "COMPOSITION; APPOINTMENT;
TERMS "; 32.47; "ORGANIZATION ";
32.48; "QUALIFICATIONS OF
MEMBERS" 32.49, "DUTIES
AND RESPONSIBILITIES - 32.30,
"MEETINGS,r, IN .THEIR ENTIRETY,
AND PROVIDING A SAVING CLAUSE, A
GENERAL REPEALER CLAUSE, AND AN
EFFECTIVE DATE. .
Please be advised that if a person
decides to appeal any decision made
by the City Commission with respect to
any matter Considered at this hearing,
such person ma need to ensure that a -
verbatim recordyincludes the testimony
and evidence upon which the appeal is
to be based. The City does not provide
nor prepare such record pursuant to
F.S. 286.0105. - -
CITY OF DELRAY BEACH
Chevelle D. Nubin, MMC
City Clerk
PUB: The Palm Beach Post -
8- 09/2013 #112349