Res 07-92 RESOLUTION NO. 7-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING
THE CITY MANAGER TO CAUSE TO BE PLACED ON THE
MARCH 10, 1992, DELRAY BEACH MUNICIPAL ELECTION
BALLOT THREE (3) QUESTIONS RELATING TO AMENDMENTS
TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA; ESTABLISHING THE BALLOT LANGUAGE TO STATE
THE QUESTIONS; PROVIDING PROCEDURES PERTAINING TO
THE VOTE ON THE QUESTIONS; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. For the purpose of amending Article III,
"Legislative", Section 3.01, "Commission-City Manager Form of
Government; Term of Office; Number; Offices of Vice-Mayor and
Deputy Vice-Mayor; Succession to Office of -Mayor", Subsection
3.01(a} of the City Charter of the City of Delray Beach, Florida,
Chapter 25788, Laws of Florida, Special Acts of 1949, and
amendments thereto, there shall be placed on the March 10, 1992,
municipal election ballot the following question:
INCREASING THE LENGTH OF TERMS OF OFFICE FOR
COMMISSIONERS AND MAYOR FROM TWO TO THREE YEARS
AN AMENDMENT TO THE CItY CHARTER OF THE CITY OF DELRAY
BEACH, FLORIDA, TO PROVIDE THAT THE LENGTH OF THE TERM
OF OFFICE FOR CITY COMMISSIONERS AND THE CITY MAYOR
SHALL INCREASE FROM TWO (2) YEARS TO THREE (3} YEARS
COMMENCING WITH THE ELECTIONS IN 1993 AND 1994.
SHALL THE ABOVE DESCRIBED CHARTER AMENDMENT BE ADOPTED?
YES (For Approval)
NO (Against Approval)
The ballot shall clearly indicate spaces to answer
"YES" and "NO" to the above question.
Section 2. For the purpose of amending Article V,
"Elections", Section 5.02, "Types of Elections", Subsection
5.02(a}, and Section 5.04, "Elections Generally", of the City
Charter of the City of Delray Beach, Florida, Chapter 25788, Laws
of Florida, Special Acts of 1949, and amendments thereto, there
shall be placed on the March 10, 1992, municipal election ballot
the following question:
THE CANDIDATE RECEIVING THE HIGHEST NUMBER OF VOTES IS
ELECTED, WITHOUT REGARD TO MAJORITY
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF DELRAY
BEACH, FLORIDA, TO PROVIDE THAT A CANDIDATE FOR THE
OFFICE OF COMMISSIONER OR MAYOR WHO RECEIVES THE
HIGHEST NUMBER OF VOTES EVEN IF IT IS NOT A MAJORITY OF
VOTES CAST FOR THAT OFFICE BE DECLARED TO BE ELECTED TO
THE OFFICE FOR WHICH HE OR SHE IS A CANDIDATE, AND TO
PROVIDE FOR A SECOND NONPARTISAN ELECTION IN THE EVENT
OF A TIE.
SHALL THE ABOVE DESCRIBED CHARTER AMENDMENT BE ADOPTED?
YES (For Approval)
NO (Against Approval)
The ballot shall clearly indicate spaces to answer
"YES" and "NO" to the above question.
Section 3. For the purpose of amending Article III,
"Legislative", Section 3.01, "Commission-City Manager Form of
Government; Term of Office; Numbe~; 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 25788, Laws
of Florida, Special Acts of 1949, and amendments thereto, there
shall be placed on the March 10, 1992, municipal election ballot
the following question:
LIMITING MAYOR AND COMMISSIONERS TO SIX CONSECUTIVE
YEARS OF ELECTED SERVICE
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF DELHAY
BEACH, FLORIDA, TO LIMIT THE TERMS OF COMMISSIONERS AND
MAYOR TO SIX (6) CONSECUTIVE ELECTED YEARS IN OFFICE,
AND TO PROVIDE FOR A ONE-YEAR PERIOD DURING WHICH AN
INDIVIDUAL WHO SERVED SIX (6) CONSECUTIVE ELECTED YEARS
MAY NOT BE REAPPOINTED OR RUN FOR ELECTION.
SHALL THE ABOVE DESCRIBED CHARTER AMENDMENT BE ADOPTED?
YES (For Approval)
NO (Against Approval)
The ballot shall clearly indicate spaces to answer
"YES" and "NO" to the above question.
Section 4. Said election shall be held at the same
polling places in the several precincts in the City as the
polling places for the general election, and the election
officers who shall conduct said election shall be the same as
those selected and appointed for the general election.
Section 5. That this resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 21st
day of January, 1992.
ATTEST:
C'lty cler~ !
Res. No. 7-92
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM # ~I - MEETING OF JANUARY 21, 1992
RESOLUTION NO. 7-92 CALLING FOR SPECIAL ELECTION
DATE: JANUARY 17, 1992
Resolution No. 7-92 is before the Commission pursuant to the
requirements of Section 5.07(a) of the City's Charter which
mandates the adoption of a resolution calling for a special
election by the Commission at least 30 days in advance of same.
The special election pertains to the three charter amendment
questions to be placed on the March 10, 1992, municipal ballot.
On December 19, 1991, the Commission adopted the following
ordinances:
(1) Ordinance No, 77-91 relative to increasing the term of
office from two to three years for the Mayor and
Commissioners, beginning with the 1993 and 1994 elections;
(2) Ordinance No. 79-91 relative to the elimination of the
second nonpartisan election. It would allow for the
candidate receiving the highest number of votes to be
elected to the office for which he or she is running. Only
in the event of a tie would a second election be held; and
(3) Ordinance No. 80-91 which would place a six (6) year
limitation on the number of years an individual could serve
as a mayor or commissioner. After six consecutive years of
elected service, the individual will be required to wait one
year to run for any commission seat, including mayor.
Each of the ordinances contains the provision that it shall not
become effective unless and until the same is approved by a
majority of the electors of the City of Delray Beach, voting at
the election to be held on March 10, 1992. This resolution is a
requirement of the election process in order to place the
questions on the ballot.
Recommend approval of Resolution No. 7-92 calling for a special
election on the matter of three charter amendment questions to be
placed on the March 10, 1992, municipal ballot.
RESOLUTION NO. 7-92
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, AUTHORIZING AND DIRECTING
THE CITY MANAGER TO CAUSE TO BE PLACED ON THE
MARCH 10, 1992, DELRAY BEACH MUNICIPAL ELECTION
BALLOT THREE (3) QUESTIONS RELATING TO AMENDMENTS
TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA; ESTABLISHING THE BALLOT LANGUAGE TO STATE
THE QUESTIONS; PROVIDING PROCEDURES PERTAINING TO
THE VOTE ON THE QUESTIONS; PROVIDING AN EFFECTIVE
DATE.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION
OF THE CITY OF DELHAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. For the purpose of amending Article III,
"Legislative", Section 3.01, "Commission-C~ty Manager Form of
Government; Term of Office; Number; Offices of Vice-Mayor and
Deputy Vice-Mayor; Succession to Office of Mayor", Subsection
3.01(a) of the City Charter of the City of Delray Beach, Florida,
Chapter 25788, Laws of Florida, Special Acts of 1949, and
amendments thereto, there shall be placed on the March 10, 1992,
municipal election ballot the following question:
INCREASING THE LENGTH OF TERMS OF OFFICE FOR
COMMISSIONERS AND MAYOR FROM TWO TO THREE YEARS
AN AMENDMENT TO THE CItY CHARTER OF THE CITY OF DELHAY
BEACH, FLORIDA, TO PROVIDE THAT THE LENGTH OF THE TERM
OF OFFICE FOR CITY COMMISSIONERS AND THE CITY MAYOR
SHALL INCREASE FROM TWO (2) YEARS TO THREE (3) YEARS
COMMENCING WITH THE ELECTIONS IN 1993 AND 1994.
SHALL THE ABOVE DESCRIBED CHARTER AMENDMENT BE ADOPTED?
YES (For Approval)
NO (Against Approval)
The ballot shall clearly indicate spaces to answer
"YES" and "NO" to the above question.
Section 2. For the purpose of amending Article V,
"Elections", Section 5.02, "Types of Elections", Subsection
5.02(a), and Section 5.04, "Elections Generally", of the City
Charter of the City of Delray Beach, Florida, Chapter 25788, Laws
of Florida, Special Acts of 1949, and amendments thereto, there
shall be placed on the March 10, 1992, municipal election ballot
the following question:
THE CANDIDATE RECEIVING THE HIGHEST NUMBER OF VOTES IS
ELECTED, WITHOUT REGARD TO MAJORITY
AN AMENDMENT TO THE CITY CHARTER OF T~E CITY OF DELHAY
BEACH, FLORIDA, TO PROVIDE THAT A CANDIDATE FOR THE
OFFICE OF COMMISSIONER OR MAYOR WHO RECEIVES THE
HIGHEST NUMBER OF VOTES EVEN IF IT IS NOT A MAJORITY OF
VOTES CAST FOR THAT OFFICE BE DECLARED TO BE ELECTED TO
THE OFFICE FOR WHICH HE OR SHE IS A CANDIDATE, AND TO
PROVIDE FOR A SECOND NONPARTISAN ELECTION IN THE EVENT
OF A TIE.
SHALL THE ABOVE DESCRIBED CHARTER AMENDMENT BE ADOPTED?
YES (For Approval)
NO (Against Approval)
The ballot shall clearly indicate spaces to answer
"YES" and "NO" to the above question.
Section 3. For the purpose of amending Article III,
"Legislative", Section 3.01, "Commission-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 25788, Laws
of Florida, Special Acts of 1949, and amendments thereto, there
shall be placed on the March 10, 1992, municipal election ballot
the following question:
LIMITING MAYOR AND COMMISSIONERS TO SIX CONSECUTIVE
YEARS OF ELECTED SERVICE
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF DELRAY
BEACH, FLORIDA, TO LIMIT THE TERMS OF COMMISSIONERS AND
MAYOR TO SIX (6) CONSECUTIVE ELECTED YEARS IN OFFICE,
AND TO PROVIDE FOR A ONE-YEAR PERIOD DURING WHICH AN
INDIVIDUAL WHO SERVED SIX (6) CONSECUTIVE ELECTED YEARS
MAY NOT BE REAPPOINTED OR RUN FOR ELECTION.
SHALL THE ABOVE DESCRIBED CHARTER AMENDMENT BE ADOPTED?
YES (For Approval}
NO (Against Approval}
The ballot shall clearly indicate spaces to answer
"YES" and "NO" to the above question.
Section 4. Said election shall be held at the same
polling places in the several precincts in the City as the
polling places for the general election, and the election
officers who shall conduct said election shall be the same as
those selected and appointed for the general election.
Section 5. That this resolution shall take effect
immediately upon passage.
PASSED AND ADOPTED in regular session on this the 21st
day of January, 1992.
MAYOR
ATTEST:
City Clerk
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