77-91 ORDINANCE NO. 77-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER
REVISIONS TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, FLORIDA, BY 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", TO
PROVIDE FOR A CHANGE IN THE LENGTH OF
COMMISSIONERS' TERMS FROM 2 TO 3 YEARS; PROVIDING
FOR A REFERENDUM ELECTION TO BE HELD ON MARCH 10,
1992; PROVIDING A REPEALER CLAUSE; PROVIDING A
SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That 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, be
further amended to read as follows:
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.
(a) There shall be a commission with all legislative
powers of the city vested therein. The commission
shall be composed of five (5) commissioners, all of
whom shall be qualified electors and have such other
qualifications as are prescribed by law, one of whom
shall be duly elected mayor, all of whom shall be
elected at large for a term of ~/~ three (3) years
in the manner provided in this charter. The mayor and
commissioners shall assume office on the last Thursday
in March following their election or on the last Friday
in March should the last Thursday fall on a legal
holiday. In the event a vacancy shall occur in the
office of mayor, the vice-mayor shall automatically
become mayor. In the event a vacancy shall occur in
the office of vice-mayor, the deputy vice-mayor shall
automatically become vice-mayor, and a new deputy
vice-mayor shall be selected by the commission. ~
~1~~1~I Two (2) commission seats with terms
expiring in 1993, shall be filled by election in 1993
and every three (3) years thereafter, and two (2)
commission seats and the mayor's seat, with terms
expiring in 1994~ shall be filled by election in 1994
and every three (3) years thereafter 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 provided, in order to carry out
the intent and meaning of this charter. Furthermore,
the commissioner shall be elected for a ~/~ three
(3) year term, whether by regular election or election
to fill a vacancy in the office of the commissioner,
and without regard to whether such election is held in
an even or odd-numbered year.
Section 2. That Section 1 of this ordinance shall not
be effective unless and until the same is approved by a majority
of the electors of the City of Delray Beach, Florida, voting at
the election to be held on March 10, 1992, for the purpose of
approving or disapproving Section 1 of this ordinance. If a
majority of the electors voting upon such question approve the
amendment, then the amendment shall be in full force and effect.
If a majority of the electors voting upon such question
disapprove such amendment(s), then the amendment(s) shall be null
and void. The question to be submitted to the electors at such
election shall be substantially as follows:
INCREASING THE LENGTH OF TERMS OF OFFICE FOR
COMMISSIONERS AND MAYOR FROM TWO TO THeE YEARS
SHOULD THE CITY CHARTER OF THE CI~ OF DELRAY BEACH,
FLORIDA, BE AMENDED TO INC~ASE THE LENGTH OF THE TERM
OF OFFICE FOR CITY COMMISSIONERS AND THE CITY MAYOR
FROM TWO (2) YEARS TO THREE (3) YEARS COMMENCING WITH
THE ELECTIONS IN 1993 AND 19947
YES (For Approval)
NO (Against Approval)
Section 3. That upon approval of this ordinance by the
electors as aforesaid, all ordinances or charter provisions or
parts of charter provisions in conflict with shall be and the
same are hereby repealed as of the effective date of this
ordinance.
Section 4. That should any section or provision of
this ordinance 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.
PASSED AND ADOPTED in regular session on second and
final reading on this the 19th day of November, 1991.
ATTEST:
City ~l~rk
First Reading October 29, 1991
Second Reading November 19, 1991
· - 2 - ORD. NO. 77-91
A PUBLIC MEAIHNG will be hem m
the ~iowmg arORm~ O~di~aece(s) ~1
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Pelrn,y. Be~.~h, P~.Irr) [~qq,r~tl (',r)II/II, V l;'lr)r'irlr~ C.~.~,BEACH' FLORIDA2. 'A~INISTRATIvE~ENDING
PROVISIONS~, ARTICLE 2.4,
~ENERAL PR~EDURES", SEG
T~ON 2.4.6, 'PROCE~RES FOR O~
TAINING PERMITS AND APPROV-
STATE OF FLORIDA *~s', oF TH~ ~.0
COUNTY OF ~ALM BEACH OF O~ ~c., ~o~o~, a~
~E~RY USE PERtlY', T0
Before ~he lJTlOePBjgrl~(] ~,llt, Jioril,.y J)~l'~r)~ln. l l.v TEM~RARY USE PERMITS FOR
CITY OPERATEO FACILITIES;
PROVIOIN~ A SAVIN~ C~USE;
appeo, red Na,nc.y ~HIJI,}I, [[1sJcJq [:la.}~S Ma. Ti peowo,.o A GE.ERAL REPEAL-
ER C~USE; PROVIOING AN
a. ger or The News, (]o,i Jy ri ~)wsl [)~.[)e r5 [)till FECTIVE DATE. AN ORDINANCE OF THE CITY CO~
MISSION OF THE CItY OF DELRAY
HBhed it1 ~OCO, R,m,l, or~ ir~ Pa, lin Bqn,',h CJr)llrlf,.y. ~~ BEACH, FLORIDA, ~ENOING
CHAPTER ~, 'INFRASTRUCTURE IN
Florido,; t,h~,t, l, he ~,J,l,a,~JlefJ Cr)[)y r)[ a,f] VqPJ, Jfl~- AN ORDINANCE OF THE CiTY CO~ PUBLIC PROPERTY, ARTICLE 6.1,
' ' MISSION OF THE CITY OF OELRAY 'DESIGN STANDARDS AND
inept,we.~ pllb]J~he(J irl ~a, id llr~VlrlJ)g,[)qr'7[ ir} BEACH, FLORIDA, ANNEXING TO ~IREMENTS', SECTI~ 61.10.
THE CITY OF DELRAY BEACH, ~ATER SYSTEM', OF THE ~NO
~h~ ~[]e~ C)[: LAND LYING AND BEING IN SEC- DEVELOPMENT REGU~TIONS OF
. T~O, ~. TOW,S,~, ~ SOUT,. ~,E coo~ o~ DemeAnORS O~
~ANGE ~ EAST, PA~ BEACH THE CiTY OF DELRAY BEACH,
COUNTY, FLORIDA, WHICH ~ND ~LORtDA, BY ~ENDING SUBSEC*
CORNEROF THE INTERSECTION USE OF CITY WATER FOR IRR~GA.
OF LINTON BOULEVARD AND GER- TIO~, TO PROVIDE FOR A LINE
- -' ~NTOWN ROAD; REDEFINING OF DE~RCATION, WEST OF
THE BOUNDARIES OF SAID CiTY WHICH, THE USE OF MUNICIPAL
TO INCLUDE SAID ~ND; PROVI~ WATER fS NOT ALLOWED FOR
lNG FOR THE RIGHTS ANO OBLI* ~IGATION PUR~SES; P~OVID~G
GATIONS OF SAID ~ND; PROVJ~ A GENERAL REPEALER C~USE;
lNG FOE THE ZONING THEREOF PROVIDING A SAVING C~USE:
TO CF (C~UNITY FACILITIES) PROVIOING AN EFFECTIVE DATE
DISTRICT, IN PART, AND A
(AGRICULTURAL) DISTRICT, IN Pi~ ~ ~vi~ ~at if a ~ ~
PART; PROVIDING A GENERAL ~ ~ ~ ~1 any
RE~ALER C~USE; PROVIDI~ ~ by ~ Ci~ Comm~ wi~ r~
~TER R~ISI~S TO T~ CITY ~. T~ Ci~ ~ ~ ~a~ ~
second cia, ss ma, t,l,er' rd, l,Jjr~ i)rml, r,ffi,:q itl ~ ~/ER OF THE CITY OF DEL- ~re ~h r~d. ~am to FS
RAY~ B~CH, FLORIDA, BY ~.~.
Boca, [?,a,l,r)rl Pa, lin t~rm,r:h (',r)ll r}l,y, f,'lr)r'irln,, t ~DING ART)CLE
~ , 'L~TIVE, ~CTION ~01, [ CITY OF OELRAY 8iAC~
[O.r a, petit)ri o[ r)rln yrtn. r'llr~xl, I)r'r~r',rtrlir)[~ l,}lr1 "~lSSIO~lTY ~NAGER Ali~Gr~Ham
' ~ ~ DE~ VICE~YOR; Ci~CXerR
flrsb plJJ)J JOB.I, JoD r)[ l,Jlq a,l,J,a.cJlrlrJ r:r}[).~/ r>f S~U~ON TO OFFICE OF ~Y-
0~,?0 PArlE FOR A ~E PUBLISHED: THE NEWS
per,on, [Jrm or r,r, rpr,r'~.f, Jr)rl ~,.rly rJi~r,r,,lr.L, J~ "
'ELECTIONS GENERALLY, TO
~ROVIDE FOR THE ABOLISHMENT
~-~ ~-~ ..... OF SECOND NON-PARTI~N {"RU~
.................... TATION OF SIX (6) CONSECUTIVE
g,
r)[ J Jr)r ltl t ti J IT [ r ) C~ISSIONERS; PROVtDING FOR
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER~
SUBJECT: AGENDA ITEM ~ /~ ~ _L_ MEE____~TING OF NOVEMBER 19, 1991
ORDINANCE NO. 77-91
DATE: November 15, 1991
This is a second reading of an ordinance amending the City Charter by
making revisions to 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", to provide for a change in the length of Commissioners' terms
from two (2) to three (3) years. The term increases would begin with
the 1993 and 1994 elections, if approved by the voters. As result
thereof, there would not be an election every year. This ordinance
also provides for a referendum election to be held on March 10,
1992. The ordinance shall not be effective unless it is approved by
a majority of the electors of the City voting at the election.
Recommend consideration of Ordinance 77-91 on second and final
reading.
[lTV DF DELRI:I¥ BEggH
CITY ATTORNEY'S OFFICE ~ ~ *'~ '~' ~ "~' ~°~^ ~
FACSIMILE 407/278-4755 Writer' s Direct Line
(407) 243-7090
Date: October 25, 1.991
To: City Commission
David Harden, City Manager
From: David N. Tolces, Assistant City Attorn~
Subject: Charter Revision - Increase Terms from Two to Three
Year
This char'ter revision would increase 'the terms of all
Commissioners from two to three years. The term increases
would begin with the 1993 and 1994 elections. If this
ordinance is approved by the voters, there would not be an
election every year.
DNT: s h
Attachment
charter4.txt
ORDINANCE NO. J 7- q !
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER
REVISIONS TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, FLORIDA, BY 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", TO PROVIDE
FOR A CHANGE IN THE LENGTH OF COMMISSIONERS'
TERMS FROM 2 TO 3 YEARS; PROVIDING FOR A REFEREN-
DUM ELECTION TO BE HELD ON MARCH 10, 1992;
PROVIDING A REPEALER CLAUSE; PROVIDING A SAVING
CLAUSE; PROVIDING AN EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA, AS FOLLOWS:
Section 1. That 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, be further amended to read as follows:
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.
(a) There shall be a commission with all legislative
powers of the city vested therein. The Commission shall be
composed of five (5) commissioners, all of whom shall be
qualified electors and have such other qualifications as are
prescribed by law, one of whom shall be duly elected mayor, all
of whom shall be elected at large for a term of ~we-~ three
(3) years in the manner provided in this charter. The mayor and
commissioners shall assume office on the last Thursday in March
following their election or on the last Friday in March should
the last Thursday fall on a legal holiday. In the event a
vacancy shall occur in the office of mayor, the vice-mayor shall
automatically become mayor. In the event a vacancy shall occur
in the office of vice-mayor, the deputy vice-mayor shall auto-
matically become vice-mayor, and a new deputy vice-mayor shall
be selected by the commission. ~w~-~-e~mm~ss~e~s-sha~-~e
be-e~eeee~-~a-~-a~m~ere~-~ears? Two (2) commission seats with
terms expiring in 1993, shall be filled by election in 1993 and
every three (3) years thereafter, and two (2) commission seats
and the mayor's seat, with terms expirin~ in 1994, shall be
filled by election in 1994 and every three (3) years thereafter
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 provided, in order to carry out the
intent and meaning of this charter. Furthermore, the
commissioner shall be elected for a %w~-%~ three (3) year
term, whether by regular election or election to fill a vacancy
in the office of the commissioner, and without regard to whether
such election is held in an even or odd-numbered year.
Section 2. That Section 1 of this ordinance shall not be
effective unless and until the same is approved by a majority of the
electors of the City of Delray Beach, Florida, voting at the election
to be held on March 10, 1992 for the purpose of approving or dis-
approving Section 1 of this Ordinance. If a majority of the electors
voting upon such question approve the amendment, then the amendment
shall be in full force and effect. If a majority of the electors
voting upon such question disapprove such amendment(s), then the
amendment(s) shall be null and void. The question to be submitted to
the electors at such election shall be substantially as follows:
INCREASING THE LENGTH OF TERMS OF OFFICE
FOR COMMISSIONERS AND MAYOR FROM TWO TO THREE YEARS
SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA, BE AMENDED TO INCREASE THE LENGTH OF TH.~. TERM OF
OFFICE FOR CITY COMMISSIONERS AND THE CITY MAYOR FROM TWO
(2) YEARS TO THREE (3) YEARS COMMENCING WITH THE ELECTIONS
IN 1993 AND 19947
YES For Approval
NO Against Approval
Section 3. That upon approval of this Ordinance by the
electors as aforesaid, all ordinances or charter provisions or parts
of charter provisions in conflict with shall be and the same are
hereby repealed as of the effective date of this Ordinance.
Section 4. That should any section or provision of this
ordinance or any portion thereof, any paragraph, sentence, or word by
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.
PASSED AND ADOPTED in regular session on second and final
reading on this day of , 1991.
MAYOR
ATTES~:
City Clerk
First Reading
Second Reading
2 ORD. NO.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER&~
SUBJECT: AGENDA ITEM # 12 C - MEETING OF OCTOBER 29, 1991
ORDINANCE NO. 77-91
DATE: OCTOBER 25, 1991
This is first reading of an ordinance amending the Charter by
making revisions to 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", to provide for a change in the length of
Commissioners' terms from 2 to 3 years. The term increases would
begin with the 1993 and 1994 elections and, if approved by the
voters, there would not be an election every year. This ordi-
nance also provides for a referendum election to be held on March
10, 1992, and the ordinance shall not be effective unless same is
approved by a majority of the electors of the City voting at the
election.
Recommend consideration of Ordinance No. 77-91 on first reading.
JIF DELRFI¥
~' '"'Writer's Direct Line
(407) 243-7090
MEMORANDUM
Date: October 25, 1991
To: City Commission
David £{arden, City Manager ~
From: David N. Tolces, Assistant City At~orne~
Subject: Charter Revision - Increase Terms from Two to Three
Year
?his charter revision would increase the terms of all
Commissioners from two to three yaars. The term increases
would begin with the 1993 and t994 elections. If this
o~dinance is approved by the voters, there would not be an
election every year.
[3NT:sh
At~ac~ument
charter4.txt