38-90 FAILED
~/28/90
ORDINANCE NO. 38-90
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 iV, '~ADMINiSTRATIVE- EXECUTIVE",
SECTION 4.08, "LEGAL COUNSEL APPOINTMENT, REMOVAL
AND COMPENSATION", BY AMENDING SUBSECTION (b)
PROVIDING THAT THE TERMINATION OF THE CITY ATTORNEY
REQUIRE AT LEAST FOUR AFFIRMATIVE VOTES, PUBLIC
NOTICE, AND A PUBLIC HEARING; PROVIDING FOR A
REFERENDUM ELECTION TO BE HELD ON NOVEMBER 6, 1990;
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 IV, "Administrative-Executive",
Section 4.08, "Legal Counsel Appointment, Removal and Compensation",
subsection (b) 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:
(b) Removal. The city attorney an~ shall only be terminated by
the city commission upon the castin~ of four (4) affirmative votes in
favor of such termination. Said vote shall not take place except at a
public hearin~ which has been duly noticed seventy-two {72) hours in
advance of the meeting at which the vote takes place, s Special
counsel, at all times, shall hold office at the pleasure of a majority
of the commission. Assistant city attorneys may be removed with or
without cause by the city attorney.
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, PROVIDING THAT THE TERMINA-
TION OF THE CITY ATTORNEY SHALL REQUIRE FOUR (4)
AFFIRMATIVE COMMISSION VOTES TAKEN AT A PUBLIC
MEETING AFTER A PUBLIC HEARING WHICH HAS BEEN
NOTICED SEVENTY-TWO (72) HOURS IN ADVANCE OF THE
MEETING.
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 in conflict with shall be and the same are hereby
repealed as of tho ~_~ac_i-.'= ~.- - = ~-_.~o 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 Ausust 14, 1990
Second Reading
RAY
CLE
ClTyMll
2 ',22:. >iC,.38-90
FAILED - 8/28/90