Ord 17-14 ORDINANCE NO. 17-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER
REVISIONS BY AMENDING SECTION 4.02, "APPOINTMENT;
REMOVAL; COMPENSATION"; TO PROVIDE CLARIFICATION
REGARDING SUBSECTION 4.02(B), "REMOVAL"; PROVIDING
FOR A REFERENDUM ON AUGUST 26, 2014; PROVIDING A
SAVINGS CLAUSE; GENERAL REPEALER CLAUSE; AND AN
EF F E CTIVE DATE.
WHEREAS, the governing body of a municipality may, by ordinance, submit a proposed
amendment to the Charter to the electors of the municipality; and
WIIEREAS, the City Commission desires to clat* the procedure for removal of the City
Manager.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH,FLORIDA AS FOLLOWS:
Section 1. That Section 4.02, "Appointment; Removal; Compensation", of the Chatter of
the City of Delray Beach, shall hereby be amended to read as follows:
Sec. 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.
(B) Removal. The City Manager shall only be terminated by the City Commission
upon the casting of fi5tn(4) three 3 affi anative 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) Replacm-ent. Upon the death, resignation, incapacity, 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) Compwsatiom The Compensation of the Manger shall be fixed by the
Commission.
Section 2. The Charter amendment proposed by this ordinance shall be submitted to the
electors of the City of Delray Beach at the regular election of August 26, 2014 and shall be deemed
adopted upon the favorable vote of a majority of the City electors voting at that tithe upon the following
question:
i
QUESTION NO. 1
CHARTER AMENDMENT REMOVAL OF THE CITY MANAGER
THE CHARTER CURRENTLY REQUIRES THE AFFIRMATIVE VOTE OF
FOUR MEMBERS OF THE COMMISSION TO TERMINATE THE CITY
MANAGER. UNDER THE PROPOSED CHARTER AMENDMENT, THE
AFFIRMATIVE VOTE OF AT LEAST THREE MEMBERS OF THE
COMMISSION WOULD BE REQUIRED TO TERMINATE THE CITY
MANAGER.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
Section 3. That upon the approval of this ordinance by the electors as set forth above, all
ordinances. or parts or ordinances or Chatter 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 4. 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 5. That this ordinance shall become effective upon its passage on second and final
reading and in accordance with Section 2 above. ..
ASSED AND ADOPTED in regular session on second and final reading on this the Y 1 day
of 77s ►\Ky\)g- , 2014.
ATTEST:
YOR
City Clerk
First Reading
Second Reading \-Q \ 0\A
2 ORD. NO. 17-14
Coversheet Page 1 of 1
MEMORANDUM
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.. ........
TO: Mayor and City Commissioners
FROM: Terrance Stewart, Interim City Manager
DATE: June 11, 2014
SUBJECT: AGENDA ITEM 10.F. - REGULAR COMMISSION MEETING OF JUNE 17, 2014
ORDINANCE NO. 17-14
BACKGROUND
On June 3, 2014, the City Commission approved Ordinance No. 17-14 on first reading.
Legal Department Review: Ordinance No. 17-14 was published in the Palm Beach Post
newspaper on Friday, June 6, 2014 in compliance with advertisement requirements.
Finance Department Review: Finance recommends approval.
Discussion: This ordinance is before Commission for second reading to consider a Charter
revision by amending Section 4.02, "Appointment; Removal; Compensation"; to provide
clarification regarding Subsection 4.02(8), "Removal"; providing for a referendum on August
26, 2014.
Timing of Request: There are strict deadlines in order to get a referendum on the August
ballot; therefore, this item is time-sensitive.
RECOMMENDATION
Staff recommends approval of Ordinance No. 17-14 on second and final reading.
http://agendas.mydelraybeach.com/Bluesheet.aspx?ItemID=8041&MeetingID=507 7/1/2014
Coversheet Page 1 of 1
MEMORANDUM
f
TO: Mayor and City Commissioners
FROM: Terrill Pyburn, Interim City Attorney
DATE: May 13, 2014
SUBJECT: AGENDA ITEM 11.0 - REGULAR COMMISSION MEETING OF JUNE 3, 2014
ORDINANCE NO. 17-14
BACKGROUND
At the May 6, 2014 regular meeting, Commission requested that our office prepare an
ordinance amending the Delray Beach Charter, Article IV, Section 4.02(6), "Removal".
Please find attached a proposed ordinance with language to reflect a change from the
currently required four (4) to three (3) affirmative votes to terminate the City Manager. The
proposed question will be placed on the August 26, 2014 Primary Election Ballot, if approved
by Commission.
Legal Department Review: In order to comply with the time deadlines for the August ballot,
the proposed ordinance would need to pass first reading before the City Commission June 3,
2014 with second reading/public hearing scheduled for June 17, 2014.
Financial Department Review: The typical cost to the City for participation in a shared
special election has been approximately $2,500. The Supervisor of Elections will invoice the
city for the cost.
Discussion: This ordinance is before the Commission for first reading at this time.
Operating Cost: NIA
Timing of the Request: There are strict deadlines in order to get a referendum on the August
ballot; therefore, this item is time-sensitive.
Recommendation: The City Attorney's office recommends City Commission direction.
http:l/agendas.mydelraybeach.com/Bluesheet.aspx?ItemlD=7909&MeetinglD=511 6/11/2014
ORDINANCE NO. 17-14
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS
BY AMENDING SECTION 4.02, "APPOINTMENT; REMOVAL;
COMPENSATION"; TO PROVIDE CLARIFICATION REGARDING
SUBSECTION 4.02(B), "REMOVAL"; PROVIDING FOR A
REFERENDUM ON AUGUST 26, 2014; PROVIDING A SAVINGS
CLAUSE; GENERAL REPEALER CLAUSE;AND AN EFFECTIVE DATE.
WHEREAS, the governing body of a municipality may, by ordinance, submit a proposed amendment
to the Charter to the electors of the municipality;and
WHEREAS, the City Commission desires to clarify the procedure for removal of the City Manager.
NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA AS FOLLOWS:
Section 1. That Section 4.02, "Appointment; Removal; Compensation", of the Charter of the City
of Delray Beach, shall hereby be amended to read as follows:
Sec. 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.
(B) Removal. The City Manager shall only be terminated by the City Commission upon the
casting of€ems-(4) three 3 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, incapacity, 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 Manger shall be fixed by the Commission.
Section 2. The Charter amendment proposed by this ordinance shall be submitted to the electors
of the City of Delray Beach at the regular election of August 26, 2014 and shall be deemed adopted upon the
favorable vote of a majority of the City electors voting at that time upon the following question:
QUESTION NO. 1
CHARTER AMENDMENT—REMOVAL OF THE CITY MANAGER
THE CHARTER CURRENTLY REQUIRES THE AFFIRMATIVE VOTE OF FOUR
MEMBERS OF THE COMMISSION TO TERMINATE THE CITY MANAGER.
UNDER THE PROPOSED CHARTER AMENDMENT, THE AFFIRMATIVE VOTE
OF AT LEAST THREE MEMBERS OF THE COMMISSION WOULD BE REQUIRED
TO TERMINATE THE CITY MANAGER.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
YES (FOR APPROVAL)
NO (AGAINST APPROVAL)
Section 3. 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 4. 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 5. That this ordinance shall become effective upon its passage on second and final reading
and in accordance with Section 2 above.
PASSED AND ADOPTED in regular session on second and final reading on this the day of
2014.
ATTEST:
City Clerk MAYOR
First Reading
Second Reading
2 ORD. NO. 17-14
FRIDAY.JUNE 6,2014 1 (561)820-4343 THE PALM BEACH POST REALKMS STARTS HERE I PALMBEACHPOSTCOM E5
:Cllr
OF.DELRAY BEACK FLORIDA
NOTICE pF PUjClC.HEARING'.. .-..
A-PUBLIC HEARING will be held on the ORDINANCE NO.-31124
follougln.g proposed ordinances on AN ORDINANCE OP. THE CITY
TUESDAY,JUNE 17,12(11'4(f at me ting COMMISSION(7FT}1ECITYOFDELRAY
wrath Is set.by the Commis.meeting BEACH, ;FLORIDp,.`.�AMENDING.
which Is by the Cammisti0N), in CHAPTER117,."LANDLORb1Fck TS',-
the Avenue, Chambers 10U-.N.Y.Y-` OF THE CODE OF ORDINANCES,
Avenue,Delray Beach,Florida,at- RY AMENDING 'SECTION 117:112,';.
whTeh time the City Commission wkil 'PERINfF FIDI TO ECTION FOR AN
cqn§ider thei C adaptipn,The proposed I NCIIIEASE W THE LANDLORD`PERmrT
ordinance may oe inspected at the FEE-PROVIDING A SAVING CLAUSE;A:
04ftce otthe.CityClerk:at City Hall, GENERAL REPEALERCLA.U5Ey*No
100 N W 1st Avenue,Delmy 14eaLh, EFFECTIVE DATE F[oq..da, between 8-40 a.m.and.5.00 Please he advised that i}:a person
p.m.,Monday through Friday,except
1Oldays.InteFested.parties are,Invited decides to appeal any dec`rslon made
tnlp tend and pe heard with respect to: by the City Camriiisslon Oft respectto.
the pcopased.QrHinaHess_ �!y iriatrercarigldeled k this h earTng
ORDINANCE N0112 14 s4x17'Persgn ma r7eed *o ensues'
AN- ORDINANCE OF- THE CiT1G, tiim[a;verbatl ;�d Inyludes the
COMM"SIGN OF THE CRY OF DE LRAY testi m on and:euidence.�u pon which
REACH,FLORIDA, REZONING THREE.. - tlie:iippeal Istobe bated.The City
PARCEL5,OF..LAND,tDENTiNED"M does not provide nor:prepare.such
PARCELS3,4.AND 8ALL LOCATED 04 recurcl ursuantto F5--2R6:17T65.
THENORTH SIDE OF:GREENSWAND Crry EL HE
LANE;EAST OF HAM LET DRIVE WITHIN ChWelle D.*WIrk MW.
THE SEAGATE COUNTRY CLUB ATTHE Cfty C3erk
HAMLET,AS MORE PARTICULARLY PUR:The Palm11"chP.ost
DE5CRIBED-HEREIN.AND :PLACING 6- `N2SM2
LAND PRESENTLY ZONED OSR(OPEN
SPACE AND RECRFAT.ION)DISTRtCTTO
R 1=A(SINGLE.FAMILY RESIDENTIAL)
DISTRICT FOR PARCELS..3 AND',4,.
A1JD:.FROM R:-1-A--(SINGLE_FAFAIL:Y.
RESIDENTIAL)DISTRICTTo OSR(OPEN
SPACE AND RECREATI PN)'.DISTRICT
>--FOR PARCEL 8;.AWE NDJ N G--ZONING
MAP OF DELRAY BEACH,'.FLORIDA,
202"; PROVIDING A'-GENERAL .
REPEA.LERCLAUSEE,-ASAVING CLAUSE,
ANDAN EFFECTIVE DATE_-.
...ORDINANCENO;17-14
AN ORDINANCE OF THE CITY
COMMISSION OF 'PROVIDING BEACH FLORIDA,,PROVIDING FOR
CHARTER REVISIONS BY AMENDING
SECTION 4.02; "APPOINTMENT;
REMDV4; COMPENSATION',' TO
'PROV IDECLARI FI CATION.REGARDING
SU65ECTION 4.w(B),;'REMOVAi:".;
PROVIDING. FOR 'A--_REFERENDUM`
ON AUGUST 2G,2414;.PROVIDING A
SAVING CLAUSE,,GENERAL REPEALER
'.CLAUSE;AND AN EFFECTIVE DATE:-
ORDINANCE NO..i8-14
AN` ORDINANCE OF ..THE CITY,
CQWMISSION OF' 'THE CITY.
OF DELRAY.: BEACH, ,FLORIDA,
-'AMENDING CHAPTER.710,"LOCAL
BU5INES5, TAXES G.E;NERALLY
OF IrHe.:CODE. or..oRDINANCES. -
BY AMENDING SECTION 110.15;-,
"LOCAL BUSINESS TAX.SCHEOULE",
TO tLIMINATE.OUTDATEO BUSINESS
';CLASSIFICATIONS.AND TO.PROVIDE
FOR'AN INCREASE IN THE LOCAL
BUSINESS TAX SCHEDULE;MOVIDING
._.A SAVING-'CLAUSE,; A-GENERAL
REPEALER CLAUSE,AND AN EFFECTIVE
DATE:
Sunday, July 20, 2014 • SUNSENTINEL-COM • SOUTH FLORIDA SUNSENTINEL • 5H
NOTICE
WHEREAS,the Charter and the Code of
Ordinances of the City of Delray Beach,
Florida,provides for the calling of Special
Elections and the City Commission has
by resolution authorized a Special Elec-
tion;and
WHEREAS,pursuant to said Charter and
Code of Ordinances provisions the City
Commission deems it necessary to call
for a Special Election at this time.
WHEREAS,a notice is hereby given call-
ing for a special election or August 26,
2014,to vote an a referendum question
set forth in Ordinance No.17-14 regal
ng amendingthe Charter of the City to
provide:(1)a change from the currently
required four(4)to three(3)affirmative
votes to terminate the City Manager,
which requires consent ofthe majorlty of
the voters voting in the election.
NOW,THEREFORE,I,CARY 0,GUCKSTEIN,
Mayor of the City of Delray Beach,
Florida,on behalf of the City Commis-
sion,do hereby call for a Specal Election
to be held on Tuesday,August 26,2014,
between the hours of 7:00 a.m.and
7;00 p.m.,at all the precincts and polling
places in the City of Delray Beach as des-
ignated by the Supervisor of Elections.
ALL QUALIFIED ELECTORS of the City of
Delray Beach,Florida,shall be qualified to
vote in such election.
CITY OF DELRAY BEACH,FLORIDA
Chevelle D,Nubin,MMC
City Clerk
July 20&August 3,2014 -
Legat Notices
NOTICE
LE N KONSIDERE,Konstitisyon an ak Kbd
Odonans Man Vil Delray Beach,Florid,
bay you kovoke Eleksyon Eapesyal e
Komisyon Vil la to pron yon rezolisyon ki
Otorize yon Eleksyop Fspesya);ak
LE N KONSIDFRE,dapre KonstitPsyon silo
a ak dispozisyon K6d bdonans Komisyon
vil la estime li nesese pcu konvoke yon
eleksyon espesyal nan moman so a,
I N KONSIDERL,yon avi kl convoke yon
eleksyon espesyai Man dot 26 Out 2014,
you vote sou yon kesyon referandbm ki
tabli Man Odonans No 17-14 konsbnan
amande Konstitisyon Al la you bay.(i)yon
cnanjman Id Sob nan Kat(4)Vbt aflmatif ki'
nesesb kounye a you ale nan two(3)v6t
afimatif you revoke ManadJd Vil la,sa ki
mantle konsantman majorite elekt8 kap
Vota nan eleksycn an.
KIDONK,KOUNYE A,MWEN,CARY D.
GLICKSTEIN,Majlstra Man Vil Delray
Beach,Florida,nan non KAmisyon Vll la,
mwen konvoke yon eleksyon espesyal ki
dwe fiat nan Madi 26 out 2014,ant le sa
yo 7 b nan mates ak 7 b nan aswe,nan
tout sant eleksyon yo ak biwo vbt nan Vil
Delray Beach jan SIP6Vize Elbksiyon yo
to deziyen I.
TOUT ELEKTE KALIFYE nap vi!Delray
Beach,Florida,va kaliiye you Vote nan
eleksyon sila a.
VIL DELRAY BEACH,FLORID
Chevelle-D.Nubia,MMC
Grefye Vil a
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