83-83 ORDINANCE NO. ·83-83
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF DELRAY
BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES TO ARTICLE
III , "L~GI SLATIVE", SECTION 3 . 03, "QUALIFICATIONS OF
CANDIDATES; CESSATION OF QUALIFICATIONS DURING TENUkE;
OATH OF OFFICE" OF THE CITY C~ARTER OF THE CITY OF
,
DELRAY BEACH, FLORIDA, TO PROVIDE FOR CHANGING THE DATES
AND TIMES FOR CANDIDATES FOR OFFICE'TO FILW. THEIR PETI-
TIONS AS CANDIDATES, AND TO PROVIDE FOR A DEADLINE FOR
SUBMISSION OF CANDIDATES' NA~S TO THE SUPERVISOR OF
ELECTIONS; PROVIDING A SAVING CLAUSE; PROVIDING AN ~FFEC-
TIVE 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 office 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 Delray 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,
WHEREAS, 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, THEREFORF.,. BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That Article III, "Legislative", Section 3.03 "Quali-
fications of candidates; cessation of qualifications durin9 tenure; oath
of office" 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 3.03. Qualifications of candidates; cessation of qualifi-
cations during tenure; oath of office.
Persons entitled to hold the elective offices enumerated in
the foregoing sections, shall have their qualifications, time,
manner and costs of qualifying as a candidate regulated by ordi-
nance of the city.
· ~h-e~-e~a~-6em~a~y-~se-e~-ehe-~ee~-~-ehe-e~ee~eaT All can-
didates shall file their ~etitions as candidates no earlier than
noon' on the last Tuesda~ In January nor later than noon On
SeCond TUesda~' in Februar'~ of the cal'enda'r ~ea'r in which,, ~he
tion is to be held. The names of all candidates and ~he offices
for which they have filed shall be received by the su~.ervisor
~ie6ti6ns from the cit~ clerk b~ 5:00 p.m. on the first. Frida~
after the close of qualifying; provided, however, no candidate may
~'alify as a council member and also as mayor. Any council mem-
ber, including the mayor, who ceases to possess the qualifications
which are herein required or who shall be convicted of a felony,
shall forfeit that office and it shall be the duty of the remain-
ing members of the city council to declare the office vacant and
to proceed to fill the vacancy as herein provided. Each of the
said officers shall perform the duties of their respective offices
as elsewhere herein provided or as may be provided by ordinance or
laws of said city, and before entering upon the duties of their
respective offices,' they shall each take and subscribe to the
following oath:
"I do solemnly swear (or affirm) that I will support, 'protect
and defend the Constitution and Government of the United States,
and the State of Florida, and of the City of Delray Beach; that I
am duly qualified to hold office under the laws of the State o~
Florida, the charter and laws of the City of Delray Beach, and
that I will well and faithfully perform the duties of city council
member of the city upon which I am about to enter, so help me
God."
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 ~Unedi-
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 22~ ~983
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