36-90 FAILED
8/28/90
ORDINANCE NO. 36 - 90
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER CHANGES
OF THE CITY CHARTER OF THE CITY OF DELRAY BEACH,
FLORIDA TO ARTICLE III, "LEGISLATIVE" BY AMENDING
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 ENACTING A NEW SUBSECTION
3.01(C) LIMITING COMMISSIONERS TO TWO CONSECUTIVE
TERMS; PROVIDING FOR A REFERENDUM RT~CTION TO BE
HELD ON NOVEMBER 6, 1990; PROVIDING A REPE~T.RR
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 subsection (c) to read as
follows:
(c) The individual co~m.issioners and mayor shall be prohibited
from holding office for more than two (2) consecutive terms. The term
"holding office" shall include any commission seat or mayoral seat, not
only the seat which the individual is seeking. The term "consecutive
terms" shall require an absence from holding office for at least one (1)
year on the part of the individual seeking office either by election or
appointment.
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 November 6, 1990 for the purpose of approving or disapproving
Section 1 of this Ordinance. The question to be submitted to the
electors at such election shall be substantially as follows:
AN AMENDMENT TO THE CITY CHARTER OF THE CITY OF
DELRAY BEACH, FLORIDA, TO LIMIT THE COMMISSIONERS
AND MAYOR TO TWO (2) CONSECUTIVE TERMS IN OFFICE.
SHALL THE ABOVE-DESCRIBED CHARTER AMENDMENTS BE
ADOPTED:
FOR APPROVAL
AGAINST APPROVAL
If a majority of the electors voting upon such question
approve the amendment(s), then the amendment(s) 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.
Section 3. That upon the approval of this Ordinance by the
electors as aforesaid, all ordinances or Charter provisions or parts of
Charter provisions ...... :~ confii~' ":th 2,~a_~ ~_ 'a.~ ~.._ 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 day of , 1990.
MAYOR
ATTEST:
City Clerk
First Reading. August 14, 1990
Second Reading.
2 ORD. MO. 36-90
FAILED - 8/28/90