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
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Law. T~ ~ ~i~e(s) may
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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-
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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-
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~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
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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
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8EACH, FLORI~, PROVIDI~ F~
'C~TER REVlS~S TO THE CITY
~RTER ~ T~ Cl~ OF
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