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Res 24-07 (" /,\ RESOLUTION NO. 24-07 A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA (THE "CI1Y") FINDING THAT THE EXPENDITURE OF MONEY IN SUPPORT OF THE PROPOSED AMENDMENT TO THE PALM BEACH COUN1Y CHARTER SERVES A PUBLIC PURPOSE; PROVIDING THAT THE DISSEMINATION OF INFORMATION CONCERNING THE IMPACTS OF THIS AMENDMENT ON THE CITIZENS OF THE COUN1Y AND THE CI1Y IS ESSENTIAL TO THE HEALTH, SAFTEY, PROTECTION AND WELFARE OF THE CI1Y AND ITS CITIZENS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Board of County Commissioners has proposed certain amendments to the Palm Beach County Charter (the "Charter") over the years; and WHEREAS, pursuant to the Charter, the citizens may also propose changes to the Charter; which proposed changes must be placed on the ballot for referendum if all criteria set forth in the Charter have been met; and WHEREAS, such an amendment is being proposed by the citizens by means of a petition drive and will be subject to approval by the voters if sufficient signatures are gathered and if it meets all criteria set forth in the Charter and applicable State Law; and WHEREAS, the City ofDelray Beach desires that its citizens be fully informed as to the impact of this proposed amendment; and WHEREAS, the City Commission believes that it is a duty oflocal democratic government to assist its citizens in understanding issues of great importance to them by providing information in order that they may make an informed choice; and WHEREAS, the City Commission believes that such municipal leaders have a duty and a right to offer their opinion as to which course of action they think would be best for the City and its citizens, and that such use of their offices is clearly for a public purpose. (" "'\ NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Delray Beach, Florida that: Section 1: The City Commission finds that it is necessary and in the public interest of the citizens of the City of Delray Beach and the City, and essential to the health, safety, protection and welfare of the citizens of the City of Delray Beach and the City, for the City to expend public funds and resources, to utilize the time of its employees, and to utilize its various methods of communication (including but not limited to television, print, and internet communications) in order to educate the public concerning the proposed referendum question which is attached hereto as Exhibit A and the impact it will have on the City and its citizens. Section 2: This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this ~~daY of March, 2007. ()~ z. LA OR "- ATTEST: ~~.~~ CI1Y CLERK 2 RES. NO. 24-07 Page 1 of 1 I ' Harden, David ~ From: Kristen Puhalainen [KPuhalainen@co.palm-beach.f1.us] Sent: Friday, March 16,200710:15 AM To: James Titcomb Subject: County Charter Amendment Attachments: Sample_Reso_CountLCharter.doc; Charter petition-2007.pdf Dear Mayors and Managers, There has been some confusion regarding an e-mail sent yesterday. Let me clarify. Attached here you will find a petition being circulated to alter our County Charter to bring true home rule to the municipalities in Palm Beach. This petition drive began Tuesday at some municipal polling locations. On Wednesday the Board of Directors of the Palm Beach League of Cities voted to support the petition drive and made a financial contribution to the Let Us Vote political committee. Let Us Vote was formed to facilitate the citizen initiative. The Let Us Vote Committee is chaired by Palm Beach Mayor Jack McDonald. Also attached is a sample resolution declaring that the proposed charter change serves a public purpose and authorizing the use of funds and dissemination of information regarding the change. Kristen Puhalainen Executive Assistant Palm Beach County League of Cities, Inc. Tel: 561-355-4484/Fax: 355-6545 kpuhalainen@pbcgov.com www.leagueofcities.org *** *** eSafe scanned this email for malicious content *** IMPORTANT: Do not open attachments from unrecognized senders *** 3/16/2007 <6.~ Le te What is this about? It is about giVing municipal voters a greater say in setting local community standards and regulations. Both city voters and county voters would have to agree to charter changes affecting city government function, service, power or authority. What might be affected? County regulations affect many city issues such as planning, land use and zoning. City residents would have more influence over local rules. Why should I sign this petition? We're asking you to sign this petition to allow this question on a future ballot. We want everyone to have the chance to vote on this important issue. This is a voting rights issue - all we want is the chance to vote. Pd. Pol. Adv. paid for by the Let Us Vote Political Committee, PO Box 3286, Palm Beach, FL 33480. RESOLUTION NO. 24-07 A RESOLUTION OF THE CI1Y COMMISSION OF THE CI1Y OF DELRA Y BEACH, FLORIDA (THE "CI1Y") FINDING THAT THE EXPENDITURE OF MONEY IN SUPPORT OF THE PROPOSED AMENDMENT TO THE PALM BEACH COUN1Y CHARTER SERVES A PUBLIC PURPOSE; PROVIDING THAT THE DISSEMINATION OF INFORMATION CONCERNING THE IMPACTS OF THIS AMENDMENT ON THE CITIZENS OF THE COUN1Y AND THE CI1Y IS ESSENTIAL TO THE HEALTH, SAFTEY, PROTECTION AND WELFARE OF THE CI1Y AND ITS CITIZENS; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. WHEREAS, the Board of County Commissioners has proposed certain amendments to the Palm Beach County Charter (the "Charter") over the years; and WHEREAS, pursuant to the Charter, the citizens may also propose changes to the Charter; which proposed changes must be placed on the ballot for referendum if all criteria set forth in the Charter have been met; and WHEREAS, such an amendment is being proposed by the citizens by means of a petition drive and will be subject to approval by the voters if sufficient signatures are gathered and if it meets all criteria set forth in the Charter and applicable State Law; and WHEREAS, the City of Delray Beach desires that its citizens be fully informed as to the impact of this proposed amendment; and WHEREAS, the City Commission believes that it is a duty oflocal democratic government to assist its citizens in understanding issues of great importance to them by providing information in order that they may make an informed choice; and WHEREAS, the City Commission believes that such municipal leaders have a duty and a right to offer their opinion as to which course of action they think would be best for the City and its citizens, and that such use of their offices is clearly for a public purpose. NOW THEREFORE, BE IT RESOLVED by the City Commission of the City of Delray Beach, Florida that: Section 1: The City Commission finds that it is necessary and in the public interest of the citizens of the City of Delray Beach and the City, and essential to the health, safety, protection and welfare of the citizens of the City of Delray Beach and the City, for the City to expend public funds and resources, to utilize the time of its employees, and to utilize its various methods of communication (including but not limited to television, print, and internet communications) in order to educate the public concerning the proposed referendum question which is attached hereto as Exhibit A and the impact it will have on the City and its citizens. Section 2: This resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this day of March, 2007. MAYOR ATTEST: CI1Y CLERK 2 RES. NO. 24-07 PALM BEACH COUNTY CHARTER AMENDMENT PETITION FORM Under Florida law, it is a first degree misdemeanor to knowingly sign more than once a petition or petitions for a candidate, a minor political party, or an issue. Such offense is punishable as provided in s. 775.082 or s. 775.083. [Section 104.185, Florida Statutes] Name Date of Birth Please Print Name as it Appears on Voter Infonnation Card Residential Street Address a~ Z~ I am a registered voter of Palm Beach County and hereby petition the Supervisor of Elections to place the following ballot title, summary and charter amendment on the ballot in the next election available for such purpose pursuant to Section 6.3 of the Palm Beach County Charter after final verification of the full number of signatures necessary by the Supervisor of Elections. BALLOT TITLE: Requires Both County and Municipal Voter Approval for Charter Amendments Affecting Municipal Powers or Functions BALLOT SUMMARY: Shall Article 6, Section 3 of the Palm Beach County Home Rule Charter be amended to require that a majority of Voters of Palm Beach County and a majority of Voters in each municipality voting in a referendum must approve any amendment to the Charter which transfers or limits a function, service, power or authority of any municipality in the county? FULL TEXT OF THE PROPOSED AMENDMENT: Section 6.3 Home Rule Charter Amendments ill Amendments to this Home Rule Charter may be proposed by the Board of County Commissioners by an affirmative vote of at least four (4) members, subject to approval by the voters of Palm Beach County in a referendum. The Home Rule Charter amendment may also be initiated by seven (7) percent ofthe number of voters qualified to vote in the last general election, and the initiated amendment shall be presented and verified in the manner and time set forth in Article V, Section 5.1. The Home Rule Charter amendment so initiated shall be placed on the ballot on the first Tuesday after the first Monday in November of any year or in connection with a presidential preference primary occurring at least thirty (30) days after verification. If approved by a majority of those who voted, the Home Rule Charter amendment shall become effective on the date specified in the amendment, or, ifnot so specified, on January 1 following the election. Each amendment to this Home Rule Charter shall be limited to a single and independent subject. ill Notwithstanding subsection (1). absent the approval of a maiority of the voters of Palm Beach County voting in a referendum. and the approval of a maiority of the voters of each municipality voting in a referendum. this Charter may not be amended to transfer or limit a function. service. power or authority of any municipality within the County. [Note: Language underlined is new language that is proposed to add to the charter.] X DATE OF SIGNATURE SIGNATURE OF REGISTERED VOTER Pd. Pol. Adv. paid for by the Let Us Vote Political Committee, PO Box 3286, Palm Beach, FL 33480.