84-83 ORDINANCE NO. 84-83
AN ORDINANCE OF TH~ CITY COUNCIL OF THE CITY OF DELRAY
BEACh, FLORIDA, PROVIDING FOR CHARTER CB~/qGES TO ARTICLE
III, "LEGISLATIVE ", SECTION 3.06, "VACANCIES; FORFEITURE
OF OFFICE; FILLING OF VACANCIES", OF THE CITY CHARTER OF
THE CITY OF DELRAY BEACh, FLORIDA, TO P~OVID~ FOR C~A~:G-
ING THE DATES FOR THE TERMINATION OF TER~S OF APPOINTED
UMBER FROM TH~-' FIRST MONDAY IN APRIL TO THE LAST THURS-
DAY IN ~%RCH FOLLOWING THE NEXT REGULAR CITY ELECTION, OR
TO THE LA&T FRIDAY IN ~k%RCH SHOULD THE LAST THURSDAY FALL
ON A LEGAL HOLIDAY; AND FOR CHANGING THE DATES FOK THE
TERMINATION OF THE TERM OF OFFICE ~EN TH~ VICE-~YOR
SUCCEEDS .TO THE OFFICE OF MAYOR FROM THE FIRST MONDAY IN
APRIL TO THE LAST THURSDAY IN MARCH FOLLOWING THE NEXT
REGULAR CITY ELECTION, OR TO THE LAST FRIDAY IN 5~U~
SHOULD THE LAST THURSDAY FALL ON A LEGAL HOLIDAY; PRO-
VIDING A SAVING CLAUSE; PROVIDING A/~ 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 office are different than those currently provided in the City Char-
ter of the City of Delray Beach, Florida; and,
~'~{EREAS, 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 an~ 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 TH~ CITY OF
DELRAY BEACH, FLORIDA, AS FOLLOWS:
SectioR 1. That Article III, "Legislative", Section 3.06(c)(d)
"Vacancies; forfeiture of office; filling of vacancies" of the City Char-
ter of the City of Delray Beach, Florida, Chapter 25786, Laws o~ 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; ~illin9 of va-
cancies.
(a) Vacancies. The office of a council member includin~ t~he'
mayor shall become vacant upon his death, resignation, removal
fror~ office in any manner authorized by law, or forfeiture of his
office, such forfeiture to be declared by the remaining members o~
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 quali-
fication for the office prescribed by this charter or Dy
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.
(c) In the event a vacancy occurs in the membership of ~he
city council for any reason whatsoever, other than a vacancy in
the office of the mayor, or except at the. close of a regular term,
it shall be the duty of the remaining members of the city council,
including the mayor, by a majority vote, to appoint a qualified
person to fill the vacancy. The appointed member shall serve
until the f~s~-+~aT--i~-Ag~ last Thursda~ in ~iarch following
the next reguia:~ City election, or until the ~se-~es~-~.
A~Q last Friday' in ~arch should the ~z-m4~-Me~ay last Thursday
fall on a legal holiday. In the event the term of office to which
such person was appointed does not expire as of the
i~-,p~ last Thursday in March following the next regular City
election, or until the fi~se--~es~m~--~-Ap~Q last Friday in
MarCh should the ~m~-~ay las= Thursday fall on a legal hol-
iday, and the vacancy occurs at least sixty (60) or more calendar
days preceding the date of the regular City election, then the ap-
pointed member filling the vacancy shall serve until the ~s~---
M~-~m-Ap~ last Thursday in March following the next regular
City election, or until the ~z--J~-~e~ay-~-Ap~% last Friday in
March should the ~m~-~ay last Thursday fall on a legal holi-
day, and the remainder of the unexpired term shall be filled by
election at the next regular city election in the manner provided
in Article V of this charter. If a majority of said remainin9
members are unable to agree upon the appoints, lent of a council
member to fill said vacancy after two (2) regular meetings have
been held, then the city council shall call a special election for
that purpose, to be held within sixty (60) calendar days ~ollowing
the said second regular meeting.
(d) The office of mayor shall become vacant for any reason
that the office of any other council member may become vacant, and
a vacancy in the office of mayor shall also be deemed a vacanc~ in
the city council. If a 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 ~se---
M~H~e~-~m-~p~ last Thursday in ~rch following the next regular
city election, or until the ~se-~mes~ay-~m-Ap~% last Friday in
March should the ~m~-Mem~ay last Thursday fall on a legal holi-
day. The city council member so serving as mayor by succession
shall then.complete the remainder of his city council member term
if any part of such term remains unexpired.. The succession to the
office of mayor by the vice-mayor shall create a vacancy in the
city council which shall be filled in the manner set forth in
Section 3.06(c), above. If any part of the mayor's term of office
remains unexpired as of the ~se-~e~ay-~-ap~ last Thursday in
March following the next regular city election, or until the
· ~es~e~-~-A~ last Friday in ~mrch should the
Thursday fall on a legal holiday, the office of mayor shall be
filled by election at the next regular city election for the re-
mainder of the unexpired term; provided, however, that snoulG the
vacancy in the office of mayor have occurred less than sixty (60)
calendar days preceding the next regular city election, then the
succession to the office of mapor by the vice-mayor, and the
filling of the vacancy in the city council caused by such suc-
cession, notwithstanding Section 3.06(c), shall be for the entire
unexpired portion of the mayor's term of office.
- 2 - Ord. No. ~4-83
(e) Extraordinary vacancies. In the event that all members
of the city council are removed by death, disability, resignation,
or forfeiture of office, the governor 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 2. That should any section or provision of this ordi-
nance or any portion thereof, ang' paragraph, sentence, or word be declared
by a Court of competent jurisdiction =o 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.
ATTEST:
First Reading" November ~-, 198'3 -
Second Reading November 22, 1983
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