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58-74 ORDINANCE NO. 58-74. AN ORDINANCE OF TIlE CITY COUNCIL OF THE CITY OF DEL]LAY BEACII, FLORIDA, P]~OVIDING FOR CIIARTER CIIANGES PERTAINING TO ELECTION DATES, QUALIFICATIONS FOR OFFICE, FILING DATES, MANNER OF DECLARING WHO IS ELECTED, FIRST NON- PARTISAN, SECOND NONPARTISAN AND SPECIAL ELECTIONS; REPEALING CIIARTER PROVISION IN CONFLICT I{EIqEWITII; PRO- VIDING AN EFFECTIVE DATE AND TP~ANSITION ARTICLE PROVIDING FOR A REFERENDUM ELECTION TO BE VOTED UPON BY TIlE ELECTOR- ATE AT THE GENERAL ELECTION TO BE HELD ON DECEI,IBER 3, 1974. WItEREAS, the Florida Legislature did, in 1949, establish the "CHARTER OF THE CITY OF D~LP~Y BEACH, FLORIDA" (Ch. 25786, Laws of Florida, Special Acts 1949, as amended); and, WHEREAS, the Florida Legislature has enacted the "Municipal Home Rule Powers Act" (Ch. 73-129, General Laws, State of Florida), wherein municipal governments are authorized to amend their charters by referen- dum; and, WHEREAS, the League o~ Women Voters, South ) m Beach County, Florida, made recommendations on April 30, 1973, pursuant to City Council's request of January 22, 1973, concerning changes in the election process of the City; and, WHEREAS, the City Council of the City of Delray Beach, Florida, concurs in said recommendations, NOW, THEREFORE, BE IT ORDAINED BY THE .CITY COUNCIL OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS: Section 1. That the Charter of the City of Delray Beach, Florida, Chapter 25786, Laws of Florida, Special Acts of 1949, and amendments thereto, be further amended as follows: (1) Sec. 12, 'Council-City Manager form of government -- Term of office; number. The governing body of the city shall be composed of five members and shall be designated as the city council of the City of Delray Beach, Florida. The city council shall be composed of five councilme~members, one of whom shall be the duly elected mayor, all of whom shall be elected at large for a term of two years in the manner as provided in this Charter. The mayor-councilm&nmember and councilmenmembers shall assume office on the first Monday in 6anna~y ~pril following their election or on the first Tuesday should the first Monday fall on a legal holiday and then proceed to select one of their number vice-mayor for a term of one year. The vice- mayor shall in the absence or disability of the mayor have all of the powers and prerogatives and shall perform all of the duties of the mayor, and in the event a vacancy shall occur in the office of mayor shall auto- matically become mayor under certain conditions provided in Section 17 of this Charter. Following the selection of vice-mayor, the city council shall then proceed to select the following employees: A city manager JUdges Ad Litem A municipal judge A~s't. city A city attorney prosecutors A city prosecutor The p~esen~ mayor-councilmanmcmber and councilmenmembers shall hold their seats for the tern% of office for which they were res}i~ectively elected, or until their successors have been elected and take office. (2) Sec. 15. Qualif. ications of candidates; cessation of qualifica- tions 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 rei~ulated by ordinance of[ t]~e City. po~aq~o~-mea~s-a- eo~poraq~o~- o~9a~:zed-~o~- ~he-p~ pos e-o~-ow~-or- ~oas~n sa~d-oa~d~ daee- a eq~{reG- ~e- eo- ~eh- ~m~ov~- ~ ea~- ~o~-a~-ma~-~e-he~e~a~ge~-p~ese~edr All candidates shall file their petition as candidates between the hours of S:00 A.~. and 5:00 P.i,I. during the days of ~4~nday through Friday in the period commencing on January 15th and ending January 31st of the year of the election. Any member of the ~ity council who ceases to possess the qualifications which are herein required or shall be convicted of a felony, shall forfeit h~s that office and it shall be the duty of the remaining members of the city council to declare the office vacant and to proceed to fill the vacancy as herein provided ~a-eh~-~ha~ee~-Aee. Each of the said officers shall perform the duties of their respective offices as elsewhere herein provided ~-~h~s-Ae~ 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 wiil support, protect and defend the Constitution and Gover~ent of the United States, and the State of Florida, and of the City of Delray Beach; that I am duly qualified hold office under the laws of the State of Florida, the charter and laws of the City of Delray Beach, and that I will well and faithfully perform the duties of City Councilma~memb~r of the City upon which I am about enter, so help me God." (3) Sec. 21. Created; election; term. There shall be five members of the city council, one of whom shall be the duly elected mayor, all of whom shall be elected at large for a term of two years. All of the qualified voters of the entire city shall be allowed to vote for tho election of all members to be elected to the city council. The m~yor-councilma~member and two councilmenmembers shall be electcd in o~d even numbered years, and two councilme~members shall be elected in even od('. 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 providcd, in order to carry out the intent and meaning of .his charter. ' (4) Secs. 143 through 153 and Sec. 165 -- Ropealed. That the following sections: -2- Ord. No. 58-74. Sec. 143. General and special elections -- How and when called; ordinance to govern qualifications of candidates. Sec. 144. Placing of nominees on general ballot -- Winners of general and primary elections. Sec. 145. Participation of city employees in election of candidates. Sec. 146. Manner and method of conducting elections; when held; voting requirements; adoption of state law; straw vote elections. Sec. 147. Registration; oath; false swearing; information necessary; issuance of registration card; form; cha!qge in status. Sec. 148. Cancellation of registration -- Cause; notice to registrant. Sec. 149. Same -- Removal to inactive file. Sec. 150. Re-registration -- Authority of council to require. Sec. 151. Registration records open for inspection. Sec. 152. Validation of prior registration. Sec. 153. Poll taxes -- Not a prerequisite.~ Sec. 165. Council to provide for primary elections; filing fee of candidates. are hereby repealed. (5) That the following Section 143 "Elections" shall replace Section 143 "Elections" repealed in subsection (4) above: Sec. 143. Elections. '(a) Types of elections. Elections to be held in the city shall be either first nonpartisan, second nonpartisan, or special (1) First nonpartisan elections shall be held on the first Tuesday in March of each year for the purpose of electing officers as hereinafter provided and for such other purposes as the council may prescribe. (2) Second nonpartisan elections shall be held, if necessary, on the third Tuesday in March of each year for the . purpose' of electing officers of the city and such other purposes as the council may prescribe. (3) All other municipal elections that may be held by authority of this charter, or of any law, shall be known as special election~. (b) Qualifications of electors; registration. Any person who is a resident of the municipality, who has qualified as an elector of this state, and who registers in the procedural manner prescribcd b~ general law and ordinance %f the munici- pality, shall be a qualified elector of the municipality. (c) Arrangement of names on ba].lot. The names of the candidates for each office shall be arranged as provided by law, and nothing on thc [)allot shall be indicative of the source of the candidacy or of the sup]?ort of any candidate. -3- Ord. No. 5fl-74. (d) Number of votes per elector. Every elector si]all be entitled to vote for as many candidates for tine city council as there are members to bc elected to the council. (e) Majority to elect in first nonpartisan election. Any candidate who receives in the firs~-, nonpartisan election the number of votes constituting a majority of all the ballots east for that office, shall be declared to be elected to the office for which he is a candidate, and no further elections shall be held for that office. Should more candidates receive the number of votes constituting a majority of all the ballots cast than there are offices to be filled, then those candidates equal in number to ~he offices to be filled receiving tl~e highest number of votes shall be declared to be elected. (f) Candidates for second nonpartisan election. In the second nonpart.'isan election, there shall be on the ballot twice as many names of candidates as there are remaining council offices to be filled. The names of the candidates to be voted upon at the second nonpartisan election shall be those of the unelected candidates polling the largest number of votes in the first nonpartisan election. In the event of two or more candi- dates qualifying for the second nonpartisan election with an equal number of votes, then all such tied candidates shall qualify for the second nonpartisan election. (g) Majority to elect in a second nonpartisan election. In the second nonpartisan election, the remaining offices shall be filled by the candidate receiving the highest number of votes for each vacancy. In case of two or more candidates receiving an equal and highest number of votes for the same office, a runoff election shall be held the fourth Tuesday of March for the tied candidates. In case a tie still exists, such candi- dates shall draw lots to determine who shall occupy the office. (h) Special elections. The council shall provide the time, manner, and means of holding any special election, provided that no special election shall be called less than thirty (30) days following the adoption of a resolution calling for such election. (i) The city council shall prescribe by ordinance, the method and manner of holding all elections in the city, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this charter, and all elections shall be conducted substantially on the principal adopted for state elections insofar as there are no conflicts with the terms of this charter. (j) Straw vote elections. The city council is also empowered and authorized to spend public funds for the conduct of straw vote elections upon a determination by the council that it is in the best interest of the city to obtain an ex- pression of the people with respect to some municipal question. The council shall have the right to hold a straw vote election at any time, and may prescribe limitations relating to the eligibility of those who shall be qualified to participate. The results of said election shall not be binding on the council (6) That the following Section 155 is amended to read as follows: Sec. 155. P~.s?-when-~pen, C~nvass of returnS; certificate of election. The result of the voting, when ascertained, shall be certified -4- Ord. No. 58-74. by return in duplicate, signed by the clerk and the majority of the inspectors of the election, one copy to be delivered to the mayor, and the other to the city clerk, both of whom shall transmit such returns to the city council at a called meeting to bo held not later than three days after such election. At such meeting the city council shall canvass the returns, and in the absence of a declaration of a contest by any of the candidates in such election, shall declare the result of the election as shown by the returns made by clerk and inspectors for said election. ms-p~eser~b~-~y-~r~]~naneer The city clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. Section 2. All elected officials serving on October 1, 1975, shall continue in office until their successors are duly elected, and take office pursuant to these amendments. Section 3. Ail charter provisions in conflict herewith be and the same are hereby repealed. Section 4. A referend~ election of the qualified electors residing in the City of Delray Beach, in the County of Palm Beach, Florida, is hereby called to be held on the 3rd day of December, 1974, at the time and places hereinafter set forth, to determine whether or not the Charter of the City of Delray Beach, County of Palm Beach, Florida, shall be amended as provided in Section 1 of this ordinance. Section 5. The polls will be open at the voting places for said referendum election at seven o'clock A.I4. until seven o'clock P.M. on the same day. Only the duly qualified electors residing in said City will be permitted to vote in said. bond election. Section 6. That the places of voting in said referend~ election are as follows: Polling Place Precinct No. 166 & 170 St. Vincent Ferrer's Church, 740 Palm Trail. Precinct No. 172 Spady School Cafeteria, 300 N.W. 8th Avenue. Precinct No. 173 Carver Jr. High School, 301 S.W. 14th Avenue. Precinct No. 171 & 175 Co~unity Center Building, 50 N.W. 1st Avenue. Precinct No. 190 Beach Fire Station, 23 Andrews Avenue. The Inspectors and Clerks for the polling places for said referendum election will be the same as those designated by the City Council of the City of Delray Beach, Florida for the general election being held at the same time for the election of councilmembers. Section 7. Voting machines shall be used at said referendum election and the form of ballot to be used in said referendum election shall be in substantially the following form: BALLOT CITY OF DELRAY BEACH IN THE COU~TY OF PALM BEACH, FLORIDa. Referendum Election - December 3, 1974 Shall the Charter of the City of Delray Beach be amended to change the general elections to the first and third Tuesday of March in each year commencing in March, 1976; establishing a filing period for candidates; providing for qualJ, fications, time, manner and .costs of qualifying as candidates to be regulated by ordinances; providing for election of candidate on first nonpartisan election; providing for special elections; }?rovidi]lg for tile principal of state e].ection laws to govern when not in conflict with the Cliarter; --~-- providing extension of time in office for elected officials as of October 1, 1975; providing for roi?eating Charter provisions in conflict herewith; providing October 1, 1975 as the effective date as set forth in Ordinance No. 58-74. Instructions to Voters: Indicate by pulling down lever over "FOR THE ORDINANCE" if you favor the change in elections. Indicate by pulling down lever over "AGAINST THE ORDINANCE" if you do not favor the change in elections. Section 8. Paper ballots shall be used at said election for absentee voting. The form of ballot to be used in said election for absentee voters shall be in substantially., the form provided in Section 7 above, except that Instructions to Voters shall be as follows: Instructions to Voters: If you are in favor of the change in elec- tions, place an "x" in the space to the left of the words "FOR THE ORDINANCE". If you are not in favor of the change in elections, place an "x" in the space to the left of the words "AGAINST THE ORDINANCE". Section 9. The City Clerk is hereby authorized and directed to have printed on plain white paper a sufficient number of the aforesaid ballots and to deliver them to the appropriate officials for absentee voters and shall also have printed sample ballots and shall deliver them to the appropriate officials conducting the Delray Beach General Election on or before the date and time for the opening of the polls for such referendum election at said voting places at which voting machines are to be used, and is further authorized and directed to make appropriate arrangements with the proper officials of Palm Beach County for the use of such voting machines at the polling places specified in Section 6 hereof and to have printed on plain white paper and delivered in accordance with law the official ballots for use in such voting machines. Section 10. The Supervisor of Registration of the County of Palm Beach is hereby authorized and directed to make up and certify a list of all qualified electors residing in said City and eligible to vote in said referendum election. A certified copy of such list shall be furnished to the Inspectors and Clerks of the election at the polling places where votes are to be cast in said referendum election and a certified copy of such list shall be filed and preserved among the records of this City Council. Section 1]_. That this ordinance shall be published in full as a part of this notice of said referendum election together with an appro- priate caption in such form as the City Clerk shall determine, in the Delray Beach News Journal, a newspaper published and of general circulation in the City of Delray Beach, Florida, on November 21 and 28, 197~. Section 12. The provisions of this ordinance [~)ertaining to the electioneer 3, 1974 shall take effect immed~.ately upon passage on second and final reading. PASSED A~ ADOPTED in special session on second and final reading ATTEST: ~ ) ' City tlcrk F~rst R e a d ~. n g__QcLobc r_~.~_4 Ord. No. 58-74.