08-83 ORDINANCE NO. 8-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO
ARTICLE IV, "ADMINISTRATIVE-EXECUTIVE", SECTION 4.02,
"APPOINTMENT; REMOVAL; COMPENSATION", OF THE CITY
CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO
DELETE THE REQUIREMENT THAT REMOVAL OF THE CITY
MANAGER BY THE CITY COUNCIL DURING THE PERIOD OF
NINETY (90) DAYS FOLLOWING ANY CITY ELECTION BE BY THE
AFFIRMATIVE VOTE OF FOUR (4) MEMBERS OF THE CITY
COUNCIL; PROVIDING FOR A REFERENDUM ELECTION TO BE
HELD MARCH 1, 1983; 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 IV, "Administrative-Executive", Section 4.02,
"Appointment; removal; compensation", 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 IV. ADMINISTRATIVE-EXECUTIVE
Section 4.02. Appointment; removal; compensation.
(a) Appointment. The council shall appoint a city manager for an indefinite
term by majority vote of the council to serve at the pleasure of the council.
(bi Removal. The city manager, at all times, shall hold office at the plea-
sure of a majority of all the city councilv-l~yv~,~%~t--t~r~e-~~et-~~ve~{~
(c) Replacement. Upon the death, resignation or termination of the c~ty
manager, city council shall appoint an acting city manager and thereafter, w~thin a
reasonable time, appoint a regular city manager.
(d) Compensation. The compensation of the manager shall be Hxed by the
council and shall not be reduced during this appointment.
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 March 1, 1983, for the purpose of approving or
disapproving 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 DELETE THE REQUIREMENT THAT
REMOVAL OF THE CITY MANAGER BY THE CITY COUNCIL
DURING THE PERIOD OF NINETY (90) DAYS FOLLOWING ANY
CITY ELECTION BE BY THE AFFIRMATIVE VOTE OF FOUR (4)
MEMBERS OF THE CITY COUNCIL.
SHALl.. THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE
ADOPTED:
FOR APPROVAL
AGAINST APPROVAL ~--~
If a majority of the electors voting upon such question approve the amend-
ment(s), then the amendment(s) shall be in full force and effect. If a maiority of the
electors voting upon such question disapprove such amendment(s) then the amend-
ment(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 herewith 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 inv'klid 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.
PASSED AND ADOPTED in regular session on second and final reading
on this the 25th day of January, 1983.
ATTEST:
First Reading, January 11, 1983
Second Reading Janua, ry 25 w , 198,3 ,,
2 ORD. NO. 8-83