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10-83
©RDINANCE NO. 10-83 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTI- CLE III, ~LEGISLATIVE", SECTION 3.01, "COUNCIL-CITY MAN- AGER FORM OF GOVERNMENT; TERM OF OFFICE; NUMBER", OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO ADD PROVISIONS PROVIDING FOR THE OFFICES, TERM, AND SELECTION OF A VICE-MAYOR AND A DEPUTY VICE-MAYOR; PROVIDING FOR PROVISIONS FOR AND CLARIFICATION OF FILL- ING OF VACANCIES IN OFFICES OF MAYOR, VICE-MAYOR, AND DEPUTY VICE-MAYOR; AND TO PROVIDE THAT THE ELECTED TERM OF THE MAYOR BE FOR TWO (2) YEARS, WHETHER OR NOT SUCH ELECTION IS FOR A REGULAR TERM OR TO FILL A VACANCY, AND WITHOUT REGARD TO WHETHER SUCH ELECTION OCCURS IN AN EVEN- OR ODD-NUMBERED YEAR; AMENDING SECTION 3.04, "MAYOR; POWER AND DUTIES", OF THE CITY CHARTER, TO PROVIDE FOR THE POWERS AND DUTIES OF THE DEPUTY VICE-MAYOR, AND IN THE ABSENCE OR DISABILITY OF THE VICE-MAYOR; AND SECTION 3.06, "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES", OF THE CITY CHARTER, TO CLARIFY AND ESTABLISH PROCEDURES FOR THE FILLING OF VACANCIES IN THE MEMBERSHIP OF THE CITY COUNCIL AND THE OFFICE OF MAYOR, AND DELETING THE REQUIREMENT OF FORMAL DECLARATIONS OF SUCH VACANCIES, EXCEPT IN INSTANCES OF FORFEITURE OF OFFICE; 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 III, "Legislative", Section 3.01, "Council-city manager form of government; term of office; number", 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 III. LEGISLATIVE Section 3.01. Council-city manager form of government; term of office; number; o. ffices of vice-mayor and deputy vice-mayor; suc- cession to ...office of mayor. (a) There shall be a city council with all legislative powers of the city vested therein. The city council shall be composed of five (5) council members, all of whom shall be qualified electors and have such other qualifications as are prescribed by law, one of whom shall be duly elected mayor, all of whom shall be elected at large for a term of two (2) years in the manner provided in this charter. The mayor and council members shall assume office on the first Monday in April following their election or on the first Tuesday should the first Monday fall on a legal holiday se~c~-~-~f--t~-n~m~e~~~'-f~-~-t~rm-~-~e-~. In the event a vacancy shah occur in the office of mayor, the vice-mayor shall automatically become mayor. In the event a vacancy shall occur in the office of vice-mayor, the deputy vice-mayor sha-~ automatically become vice-mayor, and a new deputy vice-mayor shall ~e selected by (he city council. ~-h~-~ei4--mem~-an~-~e Two (2) council members shall be elected in even-numbered years, and two (2) coun~ members shall be elected in odd-numbered years, unless a vacancy or vacancies exist, in which event successors for the filling of any unexpired term or terms shail be elected or appointed as herein provided, in order to carry out the intent and meaning of this charter. Furthermore, the mayor-council member shall be elected for a two (2) year term, whether by re~rular election or election to fill a vacancy in the 'office of the mayor-council mem~)er, and without regard to whether such election is held in an even- or odd-numbered year. (b) The city council shall hold an organizational meetin~ immediately preced- in~ their ~t regUla~ or workshop n~eetin~ in April ,of each year, and a{ Such time shall select from the council members other than the mayor, a vice-mayor and a deputy vice-mayor, both of whom shall serve in that capacity at the pleasure of the city council uniil the organizational fneeting in A.p.ril of the. f.oll0win~ year. Section 2. That Article III, "Legislative", Section 3.04, "Mayor; power and duties", 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 III. LEGISLATIVE Section 3.04. Mayor, Vice-MaYOr, an.d D.e~.ut¥' Vice-Mayo. r; power and duties. The mayor shall preside at meetings of the council, shall be recognized as head of city government for all ceremonial purposes, by the governor for purposes of military law, for service of process, execution of contracts, deeds and other documents, as the city official designated to represent the city in all agreements with other govern- mental entities or certifications to other governmental entities, but shall have no admin- istrative duties except as required to carry out the responsibilities herein. The mayor_, a~l vice-mayor, and deputy vice-mayor shall each have voice and a vote in the proceedings of council, but no veto power. In the absence or disability of the mayor, or should the mayor refuse to perform the duties imposed on him by law, the vice-mayor shall have all the powers, duties and prerogatives of the mayor. In the absence or disability., o.f the vice-mayor, or should the vice-mayor refuse to perform, th~ duties imposed on him.by law., the deputy vice-mayor shall have all 'the powers, duties and prerogatives of the vice-mayor. Section 3. That Article III, "Legislative", Section 3.06, "Vacancies; for- feiture of office; filling of vacancies", 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 III. LEGISLATIVE Section 3.06. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a council member including the mayor shall become vacant upon his death, resignation, removal from office in any manner authorized by law, or forfeiture of his office, such forfeiture to be declared by the remaining members of the council. (b) Forfeiture of office. A council member including the mayor shall forfeit his office if he: (1) Lacks at any time during his term of office any qualification for the office prescribed by this charter or by law, or (2) Violates any standard of conduct or code of ethics established by law for public officials, such violation to be determined by remaining members of the council, or (3) Fails to attend four (4) consecutive regular council meetings unless excused for good cause. 2 ORD. NO. 10-83 (c) In the event a vacancy occurs in the membership of the city council for any reason whatsoever, other than a vacancy in the office of the mayor, or except at the close of a re~'ular term, it shall be the duty of the remaining members of the city council, including the mayor,, bv. a majority vote, t,o. appoint, a qualified, person to fill the vacancy. The appointed member shall serve until the first Monday in April follow- lng the next re.ilar city election, or ur~til the first Tuesday in April should the first Monday fall on a legal holiday. In the event the term of office to which such person was appointed does not expire as of the first Monday in April following the next re~rular city election, or until the first Tuesday in April Should the first Monday fall on a legal holiday, and the vacancy.°ccurs at. least, si~ty (60) or more. calenc~},r days precedi~ug the date of the re~,~lar mt}, election, then the appointed member filling the vacancy shall serve until the first Monday in April following the next regular city election, or until, the first Tuesday in. April should", the firSt. Mor{day fall on a 'letgal hol{day, and the remainder of the unexpired term shal.1 be filled by election at the next re~ular city election in the manner provided in Article V of this Charter. If a majority of said remaining members are unable to a~.'ee upon the appointment' of a council member to fill said vacancy after tWo (2) re~Alar ~neetings have been held, then the city council shall call a special election for th,at purpose, to be held within sixty (60) calendar day's following the said second regular'm~eting.' " (d) The office of mayor shall become vacant for any reason that the office of any other ~"~uncll member may become vacant, and a vacancy in the office of mayor shall also be deemed a vacanc~ in the city council. If ~ vacancy occurs in the office of mayor for any reason whatsoever, the vice-mayor shall automatically succeed to the office of mayor and shall serve as mayor until the first Monday in April following the next regular city election, or until the first Tuesday in April ~houI({ the first Monday fall on a legal holiday. The city council membe{- So serving ~s .mayor b}, succession ,shall then .complete the remainder of his city counci! member term if any part of such term remains unexpired. The succession to the office of mayor by the vice-mayor shall create a vacanc~r in the city council which shall be filled in the manner set forth ih Section 3.06(c), above. If any part of the mayor's term of Office ren~ains unexpired as of "the first Monday in April following th~' next red, ilar city election, or""until the first Tuesday in April should the first Monday fall on a legal holiday, the office of mayor shall be filled by election at the 'next regular city election for the remainder of the ,unexpired term; provided, however, that should the Vacancy in the office of mayor have occurred less than Sixty (60) calendar days preceding the next re~ular city election, then the Succession to the office of mayor by the vice-mayor, and the filling Of the vacancy.., in the' city council caused.., by such succession, notwithstanding Section 3.06(c), shall be for the entire unexpired portion .o.f the Mayor's term of office. ~ (e) Extraordinary vacancies. In the event that all members of the citer council are removed by death, disability, resignation, or forfeiture of office, the gover- nor shall appoint an interim council, including a mayor, with full council powers that shall then call a special election as provided under this charter not more than forty-five (45) calendar days after appointment. Section 4. 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: AMENDMENTS TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, TO ADD PROVISIONS PROVIDING FOR THE OFFICES, TERM, AND SELECTION OF A VICE-MAYOR AND A DEPUTY VICE-MAYOR; TO ADD PROVISIONS FOR AND CLARI- FICATIONS OF FILLING OF VACANCIES IN OFFICES OF MAYOR, VICE-MAYOR, AND DEPUTY VICE-MAYOR TO PROVIDE FOR SUCCESSION TO OFFICE BY THE VICE-MAYOR IN THE INSTANCE OF A VACANCY IN THE OFFICE OF MAYOR, AND BY THE DEPUTY VICE-MAYOR IN THE INSTANCE OF A VACANCY IN THE OFFICE OF VICE-MAYOR; AND TO PROVIDE THAT THE ELECTED TERM OF THE MAYOR BE FOR TWO (2) YEARS, WHETHER OR NOT SUCH ELECTION IS FOR A REGULAR TERM OR TO FILL A VACANCY, 3 ORD. NO. 10-83 AND WITHOUT REGARD TO WHETHER SUCH ELECTION OCCURS IN AN EVEN- OR ODD-NUMBERED YEAR; TO ADD PROVISIONS PROVIDING FOR THE POWERS AND DUTIES OF THE DEPUTY VICE-MAYOR; AND TO ADD PROVISIONS PROVIDING FOR THE POWERS AND DUTIES OF THE DEPUTY VICE-MAYOR IN THE ABSENCE OR DISABILITY OF THE VICE-MAYOR; AND TO CLARIFY AND ESTABLISH PROCEDURES FOR THE FILLING OF VACANCIES IN THE MEMBERSHIP OF THE CITY COUNCIL, AND THE OFFICE OF MAYOR, THE APPOINTMENTS OF THE CITY COUNCIL AND/OR SUCCESSIONS TO BE FOR THE REMAINDER OF THE UNEXPIRED PORTIONS OF THE TERM, EXCEPT WHERE SUCH VACANCIES 'OCCUR SIXTY (60) OR MORE CALENDAR DAYS PRECEDING A REGULAR CITY ELECTION, IN WHICH CASE THE APPOINTMENTS AND/OR SUCCESSIONS SHALL BE ONLY UNTIL THE NEXT SEAT- ING OF THE CITY COUNCIL AND AN ELECTION HELD AT SAID REGULAR CITY ELECTION TO ELECT A PERSON TO FILL THE REMAINDER OF THE UNEXPIRED PORTION OF THE TERM FOR COUNCIL MEMBERS OR FOR A TWO (2) YEAR TERM FOR MAYOR, AND DELETING THE REQUIREMENT OF FORMAL DECLARATIONS OF SUCH VACANCIES, EXCEPT IN INSTANCES OF FORFEITURE OF OFFICE. 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 majority of the electors voting upon such question disapprove such amendment(s) then the amend- ment(s) shall be null and void. Section 5. 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 6. That if any clause, section or other 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 25~:h day of January, 1983. ATTEST: First Reading January 11, 1983 Second Reading January 25t 1983 4 ORD. NO. 10-g3