Res 44-14 RESOLUTION NO. 44-14
A RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, WITH RESPECT TO
THE RESULTS OF THE REFERENDUM OF THE
QUALIFIED ELECTORS OF THE CITY HELD IN THE
CITY OF DELRAY BEACH, FLORIDA, ON AUGUST 26,
2014, ON THE THE CHARTER CHANGES PRESENTED IN
ORDINANCE NO. 17-14; CANVASSING THE RETURNS OF
SAID REFERENDUM AND DECLARING AND
CERTIFYING THE RESULTS THEREOF; PROVIDING AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Delray Beach, Florida, (the
"Commission"), by Resolution No. 27-14, duly adopted on June 3, 2014; and Ordinance No. 17-14,
duly adopted on June 17, 2014 (the "Ordinance"), did propose to amend the Charter of the City,
said Ordinance and Resolution having further provided and directed that notice of said Referendum
is given by publication in accordance with state law, City Charter and City ordinance;and
WHEREAS, due and regular notice of said Referendum has been published in the Sun
Sentinel and El Latino Seinanal Inc. newspapers of general circulation within the City and said
publications having been made in English and in Spanish respectively, each once in the fifth week
prior to the week in which the Referendum was held, at least 30 days prior to August 26, 2014 and
in the third week and seven days prior to the date the Referendum was held, to wit August 26, 2014;
and
WHEREAS, the Supervisor of Elections of Palm Beach County has provided the
Commission with the results of the Referendum for the purpose of canvassing the returns and
declaring and certifying the results thereof; and
WHEREAS, said Referendum has been duly and properly held in accordance with law and
that a copy of the certificate certifying the results of the Referendum to the Florida Department of
State (in substantially the form attached hereto as Exhibit "X'), has been delivered to this
Commission for the purpose of declaring and certifying the results thereof;and
WHEREAS, the official returns of said Referendum delivered to this Commission by the
Supervisor of Elections reflect that the total numbers of votes cast in the Referendum by the
qualified electors residing in the City APPROVE amending the Charter of the City.
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NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA,AS FOLLOWS:
Section 1. That the Commission at this meeting duly held, having received the results from
the Supervisor of Elections,hereby canvasses the returns of said Referendum and determines, finds,
declares and certifies the results thereof with respect to the Question as follows:
QUES'T'ION I
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?
(a) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted"Yes"was 3,737.
(b) The total number of votes cast in such Referendum by
said qualified electors residing in the City that voted"No"was 1,899.
(c) A majority of the votes cast in such Referendum by such
qualified electors in the City APPROVE amending the Charter of the City to
change from a supetmajority to a simple majority to remove the city manager.
Section 2. That said Referendum was in all respects conducted in accordance
with law,and that all steps in connection with and preceding such Referendum have been
duly, tegalaAy, lawfully taken and that the statutes and constitution of the State of
Florida, the City Charter and City ordinances have been duly complied with in
accordance with all their provisions.
Section 3. That a true and correct copy of the certified results shall be filed
by the Commission with the Florida Department of State in substantially the form
attained hereto as Exhibit "A" (the "Certificate") and that the Commission shall secure
an affidavit of publication from the publishers of the Sun-Sentinel, and El Latino
Semanal Inc. attesting to the publications of the notice of the Referendum (the
"Affidavit").
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Section 4. That said returns shall be entered and recorded in the minutes of
the Commission; and this Resolution, the Affidavit and Certificate shall be recorded in
the minutes of the Commission.
Section 5. All resolutions or parts thereof in conflict or inconsistent herewith
are hereby repealed insofar as any conflict or any inconsistencies exists.
Section G. That this Resolution shall take effect immediately upon its
adoption.
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PASSED AND ADOPTED in regular session on this 4"day of September,2014.
CITY OF DEL FLORIDA
AYOR
ATTEST:
City Clerk
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Exhibit "A"
CERTIFICATE OF CITY CANVASSING BOARD
CITY OF DELRAY BEACH,FLORIDA
REFERENDUM
AUGUST 26, 2014
STATE OF FLORIDA
PALM BEACH COUNTY
Pursuant to the requirements of Section 100.351 of the Florida Statutes, we, the
undersigned, Cary D. Glickstein, Mayor of the City of Delray Beach, Shelly Pettolia, Vice-Mayor,
Jordana Jarjura, Deputy Vice-Mayor, Adam Frankel, City Commissioner, and Alson Jacquet, City
Commissioner do hereby certify that on the 4th day of September, A.D., 2014, we canvassed the
votes as shown by the records on file in the Office of the Supervisor of Elections. WE do hereby
certify from said returns as follows:
That for the City of Delray Beach,Florida,Referendum, the whole number of votes cast was
5,036 votes of which number the City electors voted in the following manner in connection with the
referendum listed below.
QUESTION 1
Yes 3,137
No 1,899
Witness our hands and seal this the 4�day of September,201 .
C clkstein, r
Shelly Petrolia,Vic Mayor
J ana Jarj • Deputy Vice-Mayor
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A atn rankel, 6ty Commissioner
Als n Jacque l-;Coivrliissioner
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