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