09-83 ORDINANCE NO. 9-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO
ARTICLE IV, "ADMINISTRATIVE-EXECUTIVE", SECTION 4.08,
"LEGAL COUNSEL APPOINTMENT, REMOVAL AND COMPENSATION",
OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA, TO DELETE THE REQUIREMENT THAT REMOVAL OF THE
CITY ATTORNEY 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, 1083; 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 4.08, "Legal
counsel appointment, removal and 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 4.08. Legal counsel appointment, removal and compensation.
(a) Appointment. The council shall appoint a city attorney, such assistant
city attorneys and special counsel as may be deem. ed necessary. The city attorney and
assistant city attorneys, if any, shall be appointed by council for an indefinite term by
majority vote of the council, the city attorney to serve at the pleasure of the council.
Special counsel may be appointed as the need arises and shall serve at the pleasure of
council.
(b) Removal. The city attorney and special counsel, at all times, shall hold
office at the pleasure of a majority of all the city councilv-j~-o~--t~t--t-h~-e~t~y
ei~y--eem-~e~l. Assistant city attorneys may be removed with or without cause by the
city attorney.
(c) Compensation. The city council may, from time to time, fix the regular
compensation of the city attorney, and assistant city attorneys, if any, at a sum com-
mensurate with the duties which may be imposed on them by this charter and by the
council; provided, that all special or unusual services required of the city attorney and
assistant city attorneys, if any, may be specially compensated as the council may see fit
to provide.
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 REUUIREMENT THAT
REMOVAL OF THE CITY ATTORNEY BY THE CITY COUNCIL DUR-
ING THE PERIOD OF NINETY (90) DAYS FOLLOWING ANY CITY
ELECTION BE BY THE AFFrRMATIVE VOTE OF FOUR (4~ MEMBERS
OF THE CITY COUNCIL.
SHALL THE ABOVE-DESCRIBED CHARTER AMEND~IENTS 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 majority 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 6ther 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.
PASSED AND ADOPTED in regular session on second and final reading
on this the 25th day of January, 1983.
MAYOR
ATTEST:
First Reading January 11 ~ 1983
Second Reading January 25, 1983
2 ORD. NO. 9-83