78-91 WITHDRAWN ON FIRST READING
10/29/91
ORDINANCE NO. 7 ~- ~ ~
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", BY
AMENDING SUBSECTION 3.01(a) TO PROVIDE FOR A
CHANGE IN THE LENGTH OF COMMISSIONERS' TERMS FROM
2 TO 3 YEARS; TO PROVIDE FOR AN ELECTION EVERY
YEAR COMMENCING IN 1993; 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 i. 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 ~w~-~R+ 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~$-sha~-~e
e~ee~e~-~-e~e~-~mbe~e~-yea~-a~-~w~-~-eomm~ss~e~s-sha~
Be-e~ee~e~-~a-~d~-m~3~ge~e~-yea~s? Two (2) commission seats with
terms expiring in 1993, shall be filled b~ election in 1993 and
in 1995, and ~very three (3) years thereafter, the two (2)
commission seats expiring in 1994, shall be filled by election
in 1994 and every three (3) years thereafter, and the one (1)
commission seat designated as the mayoral seat, shall be filled
b~ elections in 1994, and 1996, and then 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 kw~-%R~ 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.
WITHDRAWN ON FIRST READING - 10/29/91
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, then the amend-
ment shall be null and void. The question to be submitted to the
electors at such election shall be substantially as follows:
INCREASING 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 THE TERM OF
OFFICE FOR CITY COMMISSIONERS AND THE CITY MAYOR FROM TWO
(2) YEARS TO THREE (3) YEARS MAINTAINING A MUNICIPAL
ELECTION EACH YEAR?
YES For Approval
NO Against Approval
Section 2. 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 3. 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
ATTEST:
City Clerk
First Reading
Second Reading
2 ow..o. 7 -9 1
WITHDRAWN ON FIRST READING - 10/29/91
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, then the amend-
ment shall be null and void. The question to be submitted to the
electors at such election shall be substantially as follows:
INCREASING 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 THE TERM OF
OFFICE FOR CITY COMMISSIONERS AND THE CITY MAYOR FROM TWO
(2) YEARS TO THREE (3) YEARS MAINTAINING A MUNICIPAL
ELECTION EACH YEAR?
YES For Approval
NO Against Approval
Section 2. 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 3. 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
ATTEST:
City Clerk
First Reading
Second Reading
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGE R LT~~
SUBJECT: AGENDA ITEM # I~ - MEETING OF OCTOBER 29, 1991
ORDINANCE NO. 78-91
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 with an election to be
held every year, commencing in 1993. Consequently, this
ordinance will result in a staggering of elections during which
two Commissioners will be elected in one year, two Commissioners
elected in another year, and the Mayor elected in another
separate year. This ordinance 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. 78-91 on first reading.
£1TY DF DELA#¥ BE#IH
MEMORANDUM
DATE: October 25, 1991
TO: City Commission
David Harden, City Manager
FROM: David N. Tolces, Assistant City Attorne~~
SUBJECT: Charter Revision - Increase Terms From Two to Three
Years~ Election Every Year
The Charter Revision will result in all Commissioners being
elected for three year terms. It was the idea of the Charter
Revision Committee's idea that elections should occur every
year and that a majority of the City Commissioners never be
elected at one time. Consequently, this ordinance will result
in a staggering of elections during which two commissioners
will be elected in one year, two commissioners elected in
another year, and the Mayor elected in another separate year.
If this ordinance is approved by the voters, the following
would be the election schedule for the Mayor (M) and Commis-
sioners (C).
1992 '93 '94 '95 '96 '97 98' '99
C1 C1 C1
C2 C2 C2
M M M M
C3 C3 C3
C4 C4 C4
DNT:ci
Attachment