Loading...
79-91 ORDINANCE NO. 79-91 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 SECTION 5.02, "TYPES OF ELECTIONS", AND SECTION 5.04, "ELECTIONS GENERALLY", TO PROVIDE FOR THE ABOLISHMENT OF SECOND NONPARTISAN ("RUN-OFF") ELECTIONS EXCEPT IN THE EVENT OF A TIE; 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 i. That Article V, "Elections", Section 5.02, "Types of Elections", Subsection 5.02(a), and Section 5.04, "Elections Generally", of the City Charter of %he 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 5.02. TYPES OF ELECTIONS. (a) Types of elections. Elections to be held in the city ~IZ///~6//~///£~//~~///~ ~~/~/~/~/~ shall all be conducted on a nonpartisan basis without regard for or designation of political party affiliation. (1) F~/~onpartisan elections shall be held on the second Tuesday in March of each year for the purpose of electing officers of the city and such other purposes as the commission may prescribe. (2) In case of a tie in the non~artisan election, a ~second nonpartisan election shall be held.~//~f ~~/~/~/f~/T~/~/~/~f/~/~ f~/~/~//~f/~l~/~ff~//~f/~/~//~ (3) All other municipal elections that may be held by authority of this charter, or of any law, shall be known as special elections. Section 5.04. ELECTIONS GENERALLY. (a) Number of votes per elector. Each elector shall be entitled to vote for each of the vacant seat numbers for the office of commissioner and shall also be entitled to one vote for a candidate for the office of mayor when there is a vacancy in that office; provided, however, no elector shall be entitled to cast more than one vote for any candidate. (b) ~~ Highest number of votes to elect in first nonpartisan election. (1) In ~ ~ f~ nonpartisan election, a candidate for each of the seats on the ballot for the offices of commissioners or for the office of mayor who receives the highest number of votes even if it is not a majority of the votes cast by f~/~/m~/~f all electors casting ballots for that office shall be declared to be elected to the office for which he or · she is a candidate; provided, however, notwithstanding the foregoing provision, should two or more candidates tie for the highest number of votes frgm all ~ ~~l~9~lg~lf~ml~lm~l~fl~ electors casting ballots for that seat for commissioner or for the office of mayor, then the ~ candidates receiving the highest number of votes shall be declared candidates for the second nonpartisan election. (2) In the event that not more than one person qualifies as a candidate for each of the seats for the offices of commissioners or for the office of mayor in the f~ nonpartisan election, then an election shall not be held. Each candidate shall be deemed to have voted for himself/herself; provided, further, that in the event that no person qualifies as a candidate for any particular seat for the office of commissioner or for the office of mayor, then those seat(s) for the office of commissioner or for the office of mayor shall be declared vacant and it shall be the duty of the members of the commission who are seated following the organizational meeting provided for in Section 3.01 of this charter, by majority vote to appoint a qualified person to fill the vacancy. Such an appointed member to fill a vacancy of a seat for the office of commissioner shall serve until the last Thursday in March following the next regular city election or until the last Friday in March should the last Thursday fall on a legal holiday, and the remainder of the unexpired term shall be filled by election at the next regular city election in the manner provided for in this article of this charter. For a vacancy occurring in the office of mayor, the appointed member shall serve until the last Thursday in March following the next regular city election, or until the last Friday in March should the last Thursday fall on a legal holiday, and a new election shall be held at the next regular city election for a full two-year term as provided for in this charter. (c) Candidates for second nonpartisan election. (1) In the second nonpartisan election, there shall be on the ballot those candidates for seats for the office of commissioner or for the office of mayor for those offices wherein ~ candidates tied for the highest number of votes ~/~//~/9~ from ~ ~~/~f all electors casting ballots for that seat or office in the first nonpartisan election. The names of the candidates to be voted upon at the second nonpartisan election shall be the candidates which tie for the highest number of votes ~W~//~//9~ ~/~f/~ in the f~ nonpartisan election. I~ ~l~l~fll~l~l~ll~l~~l~~ll~ ~I/~96~/~f/9~/~/1~/~/~/~1/~ ~/~II//~/~//~i~/~II//~I~f~/f~//~ (2) In the event a candidate withdraws or dies before the second nonpartisan election and leaves only one candidate for each vacancy for a seat for the office of commissioner or for the office of mayor to be filled, then the second nonpartisan election shall not be held. Each candidate shall be deemed to have voted for himself/herself. ORD. NO. 79-91 (d) Method of election in a second nonpartisan election. In the second nonpartisan election, the remaining offices shall be filled by the candidate(s) receiving the highest number of votes for each seat for the office of commissioner or for the office of mayor. 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: THE CANDIDATE RECEIVING THE HIGHEST NUMBER OF VOTES IS ELECTED, WITHOUT REGARD TO MAJORITY. SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BE AMENDED TO PROVIDE THAT A CANDIDATE FOR THE OFFICES 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? 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 herewith 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 Clerk First Reading October 29, 1991 Second Reading November 19, 4991 · - 3 - ORD. NO. 79-91 7. A PUBLIC HEARING ,,rtl! ~ ~ m m~), ~ TWy W I~. Law. T~ ~ ~i~e(s) may ~fm~ R~,Co n, ~al m H~aeh tim] nf,y, FrJr) T'id ~, AN~LsSioNORDI~NCEoF THEOPcITyTHEoFCITYDELRAyCO~ T~ON 2.4,i, ~P~E~RES FOR O~ TAiNING PERMITS AND APPROV- ~ O~ ~O~- ALS", OF THE ~ND DEVELOP. MENT REGULATIONS OF THE CITY ~[N~ING S[CTION 2,~.S PROVID~ PO~ TH~ ~SSUANC~ OF . )~, T ,~f . CITY O~RATED FACILITIES; .ppeared ~anay ~mil,h, [rIsJrle ,~a, les ~n, rl PROVIDING A GENERAL REPEAL- ager of The ~ews, daily rlewr;lm,[,.r~ p,]}) ~R CCUSE; PROVIDING AN EF- ~CT~V~ OA~. A. Oem.~.CE O~ T.E C~ CO~ Florida; that the al,l,n, el)er] cr)r)y of ri, ri varl, if~e- ~N ORDINANCE OF THE CITY CO~ PUBLIC PROPERTY'. ARTICLE ~.1, ' · ~ISStON OF THE CITY OF DECRAY 'DESIGN STANDARDS AND merit, was published iii sa, id llr~V/f~T)~,[)r]l'f~ ir1 BEACH, FLORIDA, ANNEXING TO QUIREMENT~, SECTI~ el.10, Af[J2Jlt [tJl'J,heP fi~,yf~ 1, J)~,1, 'J'Jlr~ r Jr~1~l[: I[~ El, A SAVING C~gSE; PROVIDING kN ~ ~ iffy ~ c~i~ at P~]~I JlqB, ch (JOIl rll,,~, P'lr~r'id~., M(~rlrl~.y AN ORDINANCE OF THE CITY CO~ M ~ ~i~ ~s ~,  Mt~ION OF THE CITY OF DELRAY rK~ i~i~ ~ ~ti~y a~ evi- FI~V second r:~,,~"--- maLl,er ~),t, '~-',,,~e' 'l)r)r:,, r~[f i(:e i~) C,A~ER o~ ~.E c,~ o~ o~. -~.,~, ~-~. ~ ~ ~s ~Y BEACH, FLORID~ BY Boca R,a.l,on, Pa, lin i~rm,r:h (',r)tllll,.y. P'l()ridn,. ~ENBING ARTICLE &dvepJ)J~erTle~ C; ~,r) (] fl,[ [ J~.ll l, [11 l'},)lrt I' g:t..y Z~ l,) I;I.P, ERS'IN THETER~LENGTH~RoMOF2 ToCO~lSSIO~3 YEARS; N~mB~rayl~ynt~ieLdT. person, firm or C()rp()['a,J,J¢)Jl a. ny fJj[;r;r)llrlf,, c~E; P~VlDL~ k ' C~USE; PR~IDI~ ~ EFFEC- rebate, coil1 TB JSSJoTI r)r I'r1[ll llrJ fr)r f, Jlq [)tit' TIVE DATE. pose of secx]rin6 l, tlis a, dverl, igqrrlqrJt f(,r' p,~J, ~RTER REVISITS TO THE CiTY ~H~RTER OF THE CiTY ~ ~EL-  BEACfl, FLORIDA, = BY ~ SECTI~ S~  ~"E~CT~9, AND ~CT~N S.~ ~l~ F~ THE A~LIS~ENT ~_~~ ._ ~ SEC~D ~PARTI~ (~UN- ~ ELECTIONS EXCEPT IN THE EVENT, ~ A TIE; P~VIDI~ ~ ....... A] ~DI~A~E OF THE CITY ...................... TATION OF SiX (6~ CONSECUTIVE r)[ J Jr)l 1ri I If J ti f r ) COMISSiONERS; PROVIDING FOR (~e~,J.My r;r ~I()r,rl.r'y) [ I I [ [1 i ~ E; rlj [)Jjr~i f) [ 1 ~~~_~~~C~E ~ ___ AViOiNGViDiNG A ~VINoHELD YEARS OFiNoAREFERENDUMONANREPEALER~CHEFFECTiVE ELECTED SEaVICE FORELECTiONio, C~UsE;C~USE'[~;DATE,PROvI~TOP~&PR&BE ~ MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER;~'I SUBJECT: AGENDA ITEM ~ /O ~ - MEETING OF NOVEMBER 19, 1991 ORDINANCE NO. 79-91 DATE: November 15, 1991 This is a second reading of an ordinance amending the Charter by amending Section 5.02, "Types of Elections", and Section 5.04, "Elections Generally", to provide for the abolishment of the Second Non-Partisan (run-off) Election, except in the event of a tie. The candidate receiving the highest number of votes would be elected to the office for which he or she is running. This eliminates the requirement that to be elected, a candidate needs more than 50~ of the votes cast. 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 approval of Ordinance No. 79-91 on second and final reading. U3, , £1TY OF OELR#Y BEACH CITY ATTORNEY'S OFFICE~.~,[~~*'~ ~¥ TM ~,~?~_~?.~'¥~' ~"~'¥ "~^~' ~°"~^ ~""" MEMORANDUM DATE: October 25, 1991 TO: City Commission David Harden, City Manager FROM: David N. Tolces, Assistant City Attorney~ SUBJECT: Charter Revision - Elimination of Second Non-Partisan Election This Charter Revision would allow for the candidate receiving the highest number of votes to be elected to the office for which he or she is running. In the event of a tie, a second election would be held. This eliminates the requirement that to be elected, a candidate needs more than 50% of the votes cast. DNT:ci Attachment ORDINANCE NO. 7 C~_c~ ~ AN ORDINANCE OF THE CITY COM~{ISSION OF THE CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS TO THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BY AMENDING SECTION 5.02, "TYPES OF ELECTIONS", AND SECTION 5.04, "ELECTIONS GENERALLY", TO PROVIDE FOR THE ABOLISHMENT OF SECOND NON-PARTISAN ("RUN-OFF") ELECTIONS EXCEPT IN THE EVENT OF A TIE; 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 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, be further amended to read as follows: Section 5.02. TYPES OF ELECTIONS. (a) Types of elections. Elections to be held in the city a~-~hey shall all be conducted on a nonpartisan basis without regard for or designation of political party affiliation. (1) ~s~ ~_onpartisan elections shall be held on the second Tuesday in March of each year for the purpose of electing officers of the city and such other purposes as the commission may prescribe. (2) In case of a tie in the nonpartisan election, a second nonpartisan election shall be held.7-~f-~eeessa~¥z-~-the-f~h T~es~a¥- ~m- Ma~eh- ~f- each- yea~- fe~- the- p~se- ef- e~ee~ eff~ee~s-ef-~he-e~ey-am~-s~eh-e~he~-p~ses-as-the-eemm~ss~en ~ay-p~ese~Be? (3) All other municipal elections that may be held by authority of this charter, or of any law, shall be known as special elections. Section 5.04. ELECTIONS GENERALLY. (a) Number of votes per elector. Each elector shall be entitled to vote for each of the vacant seat numbers for the office of commissioner and shall also be entitled to one vote for a candidate for the office of mayor when there is a vacancy in that office; provided, however, no elector shall be entitled to cast more than one vote for any candidate. (b) Ma~e~ey Highest number of votes to elect in first nonpartisan election. (1) In the ~ f~st nonpartisan election, a candidate for each of the seats on the ballot for the offices of commissioners or for the office of mayor who receives the highest number of votes even if it is not a ma~orit~ of the votes cast b~ ma~e~ty-~f all electors casting ballots for that office shall be declared to be elected to the office for which he or she is a candidate~--provided, however, notwithstanding the foregoing provision, should two or more candidates tie for the highest number of votes from all ~-ea~a~e-~eee~ve-v~es-~em-a ma~e~ty-ef-a~} electors casting ballots for that seat for commission or for the office of mayor, then the two candidates receiving the highest number of votes shall be declared candidates for the second nonpartisan election. (2) In the event that not more than one person qualifies as a candidate for each of the seats for the offices of commis- sioners or for the office of mayor in the ~s~ nonpartisan election, then an election shall not be held. Each candidate shall be deemed to have voted for himself/herself; provided, further, that in the 'event that no person qualifies as a candi- date for any particular seat for the office of commissioner or for the office of mayor, then those seat(s) for the office of commissioner or for the office of mayor shall be declared vacant and it shall be the duty of the members of the commission who are seated following the organizational meeting provided for in Section 3.01 of this charter, by majority vote to appoint a qualified person to fill the vacancy. Such an appointed member to fill a vacancy of a seat for the office of commissioner shall serve until the last Thursday in March following the next regular city election or until the last Friday in March should the last Thursday fall on a legal holiday, and the remainder of the unexpired term shall be filled by election at the next regular city election in the manner provided for in this article of this charter. For a vacancy occurring in the office of mayor, the appointed member shall serve until the last Thursday in March following the next regular city election, or until the last Friday in March should the last Thursday fall on a legal holiday, and a new election shall be held at the next regular city election for a full two-year term as provided for in this charter. (c) Candidates for second nonpartisan election. (1) In the second nonpartisan election, there shall be on the ballot those candidates for seats for the office of commissioner or for the office of mayor for those offices wherein candidates tied for the highest number of votes ~eee~we-we~es from a-ma~e~y-e~ all electors casting ballots for that seat or office in the first nonpartisan election. The names of the candidates to be voted upon at the second non- partisan election shall be the candidates which tie for the highest number of votes ~we-h~hes~-ve~e-~e~e~s-e~-~he in the ~s~ nonpartisan election. ean~a~es-~eee~w~-an-ee/~a~-~mmbe~-e~-ve~es-wh~eh-a~e-e~he~ (2) In the event a candidate withdraws or dies before the second nonpartisan election and leaves only one candidate for each vacancy for a seat for the office of commissioner or for the office of mayor to be filled, then the second nonpartisan election shall not' be held. Each candidate shall be deemed to have voted for himself/herself. (d) Method of election in a second nonpartisan election. In the second nonpartisan election, the remaining offices shall be filled by the candidate(s) receiving the highest number of votes for each seau for the office of commissioner or for the office of mayor. 2 ORD. NO. Section 2. That Section 5 of this Ordinance shal. 1 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 5 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 amendments, then the amendment shall be null and void. The question to be submit, ted to the electors at such election shall be substantially as follows: THE CANDIDATE RECEIVING THE HIGHEST NUMBER OF VOTES IS ELECTED, WITHOUT REGARD TO MAJORITY. SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH, FLORIDA, BE AMENDED TO PROVIDE THAT A CANDIDATE FOR THE OFFICES 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 NON-PARTISAN ELECTION IN THE EVENT OF A TIE? 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 ATTEST: City Clerk First Reading Second Re'ading 3 ORD. NO. MEMORANDUM TO: MAYOR AND CITY COMMISSIONERS FROM: CITY MANAGER~.Y SUBJECT: AGENDA ITEM #1~~ - MEETING OF OCTOBER 29, 1991 ORDINANCE NO. 79-91 DATE: OCTOBER 25, 1991 This is first reading of an ordinance amending the Charter by amending Section 5.02, "Types of Elections", and Section 5.04, "Elections Generally", to provide for the abolishment of Second Non-Partisan (Run-off) Elections, except in the event of a tie. The candidate receiving the highest number of votes would be elected to the office for which he or she is running. This eliminates the requirement that to be elected, a candidate needs more than 50% of the votes cast. 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. 79-91 on first reading. q:]TV OF DELRFI¥ BEflEH MEMORANDUM DATE: October 25, 1991 TO: City Commission David Harden, City Manager ~ FROM: David N. Tolces, ASsistant City Attorn SUBJECT: Charter Revision - Elimination of Second Non-Partisan Election This Charter Revision would allow for the candidate receiving the highest number of votes to be elected to the office for which he or she is running. In the event of a tie, a second election would be held. This eliminates the requirement that to be elected, a candidate needs more than 50% of the votes cast. DNT:ci Attachment Mond~,y t, llT'Oll~h [~llllrJa,.V PROVISIONS, ARTICLE ~ENERAL P~EDURES~, SEC- TiON ~.4J, 'PR~E~R[5 FOR O~ TAINI~G PE~IT$ AHD APPROV- ~ O~ ~O~- ALS", OF THE ~ND DEVELOP' MENT REGULATIONS OF THE CITY COUNT~ OF PAT~M ~AC~ o~ ~A~ .Ac., ~o~,oA, By a.ger of The New~, (la. il~ r~ewr:;)a.[,~ pt]t, FECTIVEDATE. AN ORDINANCE OF THE ClTY C~ ~,SS,ON OF T.E C,TV O~ JiBbed in Boca, ~m,f,r)n ir) Pa, lin Be~,,:l~ f~, ]nf,.y, ~~ ,~c,, ~o~, ' ' MISSION OF THE CITY OF DELRAY 'DESIGN STANDARDS AND merit; wa,~ p~sbli~hed itl ~a,i~] llqW~;[l~.[~r!r'g Jrl BEACH, FLORIDA, ANNEXING TO ~IREMENTS', SECTI~ 61.I0, [ MINION 0F THE CITY 0F ~LRAY r~ i~ ~ t~ti~y ~ ~hrOtl I ~ll TLC.,,_, ~l, rlr] I_qq[I) rill ~1,~ B~C~, ~LORI~ PROVIDING FOR ~e ~ ~ic~ ~ a~l is ~ I v 8eoorld rAja, R8 ma, l,l,or a,l, l,t)e l)r)rfl, r~[I jr~rt J l) CHARTER REVISIONS TO THE CITY ~. T~ Cit~ ~ ~r ~ov,~e person, fJr[D Or fir)['[)r)T'a,l, ir)l) ;t,D.V rljr;rlrHllll,, C~USE; PROViDInG A C~USE; PROVIDING A~ EFFEG ~_~ _~ PROVIDE FOR THE ..... OF SECOND ~N-PARTISA~ {'RUN- (~ ~PI ELECTI~S EXCEPT iN THE EVENT ~ A T~E; PROVI01NG FOR A REFEREN~M ELECTI~ TO BE HEL0 0N ~RCH ~ ~ PROVI~ VIDI~ ~EFFE~IYE ,' .... -~~ ~ c~ 8EACH, FLORI~, PROVIDI~ F~ 'C~TER REVlS~S TO THE CITY ~RTER ~ T~ Cl~ OF , rlll)Jjr~ ' r " r. ; , : ' ' ~ A~EFERE~ELECT~BE