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101-85 ORDINANCE NO. 101-85 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DEL]~_AY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE V, "ELECTIONS", SECTION 5.06, "JUDGE OF ELECTION AND QUALIFICATION", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO INSERT PROVISIONS PROVIDING THAT THE CITY CLERK SHALL BE THE JUDGE OF THE ELECTION AND THE ELECTION RETURNS FOR THE OFFICE OF MAYOR AND THE OFFICE OF CITY COUNCIL SEAT, AND THAT THE CITY COUNCIL MEMBERS SHALL CONTINUE TO BE THE JUDGE OF THE (~UALIFICATIONS OF ITS OWN MEMBERS; PROVIDING FOR A REFERENDUM ELECTION TO BE HELD ON NOVEMBER 5, 1985; PROVIDING A REPEALER; PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That Article V, ~Elections'~, Section 5.06, ~Judge of election and qualification", of the City Charter of the City of Delray ~Beach, Florida, Chapter 25786, Laws of Florida, Special Acts of 1949, 'and amendments thereto, be further amended to read as follows: ARTICLE V. ELECTIONS Section 5.06. Judge of election and qualification. The city council members shall be the judge of the qualifications, el~et4o~ a~l--~w~s 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 city council seats. 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 to be held on November 5, 1985 for the purpose of approving or disapproving of this Ordinance. The question to be submitted to the electors at such election shall be substantially as follows: AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO ADD PROVISIONS PROVIDING THAT THE CITY CLERK SHALL BE THE JUDGE OF THE ELECTION AND ELECTION RETURNS FOR THE OFFICE OF MAYOR AND THE OFFICES OF CITY COUNCIL SEATS AND THE CITY COUNCIL SHALL CONTINUE TO BE THE JUDGE OF THE QUALIFICATIONS OF ITS OWN MEMBERS. SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE ADOPTED: FOR APPROVAL AGAINST APPROVAL ~ If a majority of the electors voting upon such question approve the amendment(s), then the amendment(s) shall be in full force and effect. If a majority of the electors voting upon such question disapprove such amendment(s), then the amendment(s) shall be null and void. Section 3. That upon the approval of this Ordinance by the electors as aforesaid, all ordinances or parts of ordinances or Charter provisions or parts of Charter provisions in conflict with shall be and the same are hereby repealed as of the effective date of this ordinance. Section 4. That if any clause, section or other part of this Ordinance shall be declared invalid or unconstitutional by a court of competent Jurisdication, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect. PASSED AND ADOPTED in regular session on second and final reading on this the 24th day of September, 1985. ATTEST: City ~erk First Reading September 10, 1985 Second Reading September 24, 1985 2 ORD. NO. 101-85