80-91 ORDINANCE NO. 80-91
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELI{AY BEACH, FLORIDA, PROVIDING FOR CHARTER
REVISIONS TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, FLORIDA, BY ENACTING A NEW
SUBSECTION 3.01(c), TO PROVIDE FOR A LIMITATION OF
SIX (6) CONSECUTIVE YEARS OF ELECTED SERVICE FOR
COMMISSIONERS; 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", 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 by
enacting a new subsection 3.01(c) to read as follows:
(c) The individual commissioners and mayor shall be
prohibited from holding office for more than six (6)
consecutive years. This limitation shall apply to
years served by the commissioners elected in 1993 and
1994, the mayor elected in 1994, and every election
thereafter. The term "holdinq office" shall be defined
as serving as commissioner or mayor. The term
"consecutive years" shall not include any years served
as a result of an appointment. An individual who has
served six consecutive years of elected service shall
not be appointed or elected to any commission or
mayoral seat for a period of one year from the date on
which his or her last term expired.
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, then the amendment shall be null and
void. The question to be submitted to the electors at such
election shall be substantially as follows:
LIMITING MAYOR AND COMMISSIONERS TO SIX CONSECUTIVE
YEARS OF ELECTED SERVICE
SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA, BE AMENDED 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?
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 Nove~er, 1991.
ATTEST:
- '~ity~l~k ;
First Reading October 29, 1991
Second Reading Nove~er 19, 1991
' - 2 - ORD. NO. 80-91
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
FROM: CITY MANAGER ~
SUBJECT: AGENDA ITEM ~ /0 ~) - MEETING OF NOVEMBER 19, 1991
ORDINANCE NO. 80-91
DATE: November 15, 1991
This is a second reading of an ordinance amending the Charter by
enacting a new subsection 3.01 (c) to provide that the individual
commissioners and mayor shall be prohibited from holding office for
more than six (6) consecutive years; and that an individual who has
served six consecutive years of elected service shall not be
appointed or elected to any commission or mayoral seat for a period
of one year from the date on which his or her last term expired.
This ordinance also provides for a referendum election to be held on
March 10, 1992. If approved by a majority of the electors of the
City voting at that election, this proposed amendment would apply to
the Commissioners elected in 1994 and 1995, the mayor elected in
1996, and every election thereafter.
Recommend approval of Ordinance No. 80-91 on second and final
reading.
[:lTV DF DELRII¥ BEIi[H
CITY ATTORNEY'S OFFICE ~ ~w., ~v~,~.. ~ .~.~., ~o.~ ~.
FACSIMII.E 407/278-4755 Writer' s Direct Line
(407) 243'-7090
Date: October 25, 199t
To: City Commission
David Harden, City Manager
From: David N. Tolces, Assistant City Attor~
Subject: Charter Revision
This charter revision would place a six 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°
DNT:sh
Attachment
charter5.txt
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 ENACTING A NEW SUB-
SECTION SECTION 3.01(C), TO PROVIDE FOR A LIMITA-
TION OF SIX (6) CONSECUTIVE YEARS OF ELECTED
SERVICE FOR COMMISSIONERS; 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", 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 by enacting a new subsection 3.01(c) to
read as follows:
(c) The indiv'idual commissioners and mayor shall be
.prohibited from holding office for more thga six (6) consecutive
years. This limitation shall apply to /years served by the
commissioners elected in 19,94~and 199~,~qthe mayor elected in
~/~ 199~and every election thereafter. The term "holding office"
shall be defined as servinq as commissioner or mayor. The term
"consecutive years" shall not include any years served as a
result of an appointment. An individual who has served six
consecutive years of elected service shall not be appointed or
elected to any commission or may'oral seat for a period of one
year from the date on which his or her last term expired.
Section 2. That Section 3 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 3 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 andi~void, .... The question to be submitted to the
electors at such election shall be substantially as follows:
LIMITING MAYOR AND COMMISSIONERS
TO SIX CONSECUTIVE YEARS OF ELECTED SERVICE
SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA, BE AMENDED TO LIMIT THE TERMS OF COMMIS-
SIONERS 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) CON-
SECUTIVE ELECTED YEARS MAY NOT BE REAPPOINTED OR RUN
FOR ELECTION?
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 Reading
2 ORD. NO.
ORDINANCE NO. ~0-~1
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 ENACTING A NEW SUB-
SECTION SECTION 3.01(c), TO PROVIDE FOR A LIMITA-
TION OF SIX (6) CONSECUTIVE YEARS OF ELECTED
SERVICE FOR COMMISSIONERS; 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", 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 by enacting a new subsection 3.01(c) to
read as follows:
(c) The indiv'idual commissioners and mayor shall be
prohibited from holdinq office for more th~ six (6) consecutive
years. This limitation shall apply to /years served by the
commissioners elected in 1994 and 1995t the mayor elected in
1996~ and every election thereafter. The term "holdinq office"
shall be defined as servinq as commissioner or mayor. The term
"consecutive years" shall not include any years served as a
result of an appointment. An 'individual who has served six
consecutive years of elected service shall not be appointed or
elected to any commission or mayoral seat for a period of one
year from the date on which his or her last term expired.
Section 2. That Section 3 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 ~ held on March 10, 1992 for the purpose of approving or dis-
approving Section 3 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:
LIMITING MAYOR AND COMMISSIONERS
TO SIX CONSECUTIVE YEARS OF ELECTED SERVICE
SHOULD THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA, BE AMENDED TO LIMIT THE TERMS OF COMMIS-
SIONERS 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) CON-
SECUTIVE ELECTED YEARS MAY NOT BE REAPPOINTED OR RUN
FOR ELECTION?
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 Reading
2 ORD. NO.
MEMORANDUM
TO: MAYOR AND CITY COMMISSIONERS
SUBJECT: AGENDA ITEM # ~ ~ - MEETING OF OCTOBER 29, 1991
ORDINANCE NO. 80-91
DATE: OCTOBER 25, 1991
This is first reading of an ordinance amending the Charter by
enacting a new Subsection 3.01(c) to provide for a limitation of
six (6) consecutive years of elected service for Commissioners.
After six (6) consecutive years of elected service, the
individual will be required to wait one year to run for any
Commission seat, including Mayor. 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. 80-91 on first reading.
ITY DF DELRII¥
Writer's Direct Line
(407) 243-7090
Date: October 25,
To: City Commission
David Harden, City Manager
From: David NJ Tolces, Assistant City Attor~
Subject: Charter Revision
This charter revision would place a six year limitation on the
nu~%ber 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.
DNT:sh
Attachment
charter5.txt