82-83 ORDINANCE NO. 82-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE
III, "LEGISLATIVE", SECTION 3.01, "COUNCiL-CITY ~J~NAGER
FORM OF GOVERNS~NT; TERM OF OFFICE; NU~ER; OFFIC~ OF
VICE-5~%YOR AND DEPUTY VICE-~;%YOR; SUCCESSION TO OFFICA OF
MAYOR", OF THE CITY CHARTER OF THE CITY .OF DELRAY BEA~,
FLORDIA, TO PROVIDE FOR CHANGING THE DATE W~EN TH~ ~%YOR
AND COUNCIL MEMBERS TAKE OFFICE FROM THE FIRST MONDAY IN
APRIL TO THE LAST THURSDAY IN MARCH FOLLOWING THEIR
ELECTION, OR TO THE LAST FRIDAY IN MARCH ~HOULD THE LAST
THURSDAY FALL ON A LEGAL HOLIDAY; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the 1983 Legislature adopted Chapter 83-498 (H.B. 742),
being a Special Act relating to Palm Beach County, which provides for
uniform election dates and filing dates for municipal elections and for
terms of office and correspondence of the terms of municipal office to the
common dates provided in the Act; and,
WHEREAS, the new filing dates and dates when municipal officers
take offioe are different than those currently provided in the City Char-
ter of the City of Delray Beach, Florida; and,
WHEREAS, the City Council of the City of 5elray Beach deems it to
be in the best interests of the citizens of the City of Delray beach,
Florida, to conform the City's Charter to the uniform dates set forth in
said Special Act; and,
~EREAS, Section 8, of said Special .Act provides that the City
Council of the City of Delray Beach, Florida, may, by ordinance and with-
out referendum, amend the City's Charter to so conform to the provisions
of the Special Act,
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.~1 "Coun-
cil-city manager form of government; term of office; number; offices .of
vice-mayor and deputy vice-mayor; succession to office of mayor", 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 o~
office; number; offices of vice-mayor and deputy
vice-mayor; succession 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 com-
posed 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 pro-
vided in this charter. The mayor and council members snell assume
office on the ~e~-~ey-~-~p~ last Thursda~ in ~4arcn follow-
ing their election or on the ~i-~s~-~ee~ey last Frida~ in [~rch
should the ~=se-Me~ey last Thursday fa. ll on a legal holiday. In
the event a vacancy shall occur in the office o~ mayor, t~e vice-
mayor shall automatically become mayor. In the event a vacancy
shall occur in the office of vice-mayor, the deputy vice-mayor
shall automatically become vice-mayor, and a new deputy vice-makor
shall be select, ed by the city council. Two (2) council members
shall be elected in even-numbered years, and two (2) council
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 shall be elected or appointed as
herein provided, in ordei to carry out the intent and meaning o~
this charter. Furthermore, the mayor-council member shall De
elected for a two (2) year term, whether by regular election or
election to fill a vacancy in the office of the mayor-council
member, and without regard to whether such election is held in an
even or odd-numbered year.
(b) The city council shall hold an organizational meeting
i~mge~i~eqT--p~eee~m~ prior to their first regular or workshop
meeting in April of each year, and at such time shall select from
the council mem,.ers other than the mayor, a vice-mayor an= a
deputy vice-mayor, both of whom shall serve in that capacity at
the pleasure of the city council until the organizational meeting
~-*p~ of the following year.
SeCtion'2. That should any section or provision of this ordi-
nance or any portion thereof, any paragraph, sentence, or word be declared
by a Court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or part thereof
other than the part declared to be invalid.
Section 3. That this ordinance Shall become effective immedi-
ately upon passage on second and final reading.
PASSED AND ADOPTED in regular session on seCond and final reading
on this the 22nd day of November , 1983.
ATTE ST:
First Reading November 8 , 1983-
Second Reading November 22r IR83
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