Ord 35-12ORDINANCE NO. 35-12
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF DELRAY BEACH, FLORIDA, PROVIDING FOR
CHARTER REVISIONS BY AMENDING SECTION 3.04,
"ASSUMPTION OF OFFICE; ORGANIZATIONAL
MEETING "; SECTION 3.05, "OATH OF OFFICE"; SECTION
3.08, "VACANCIES; FILLING OF VACANCIES ", SUBSECTION
(B), '-VACANCY IN OFFICE OF MAYOR"; SECTION 4.02,
"APPOINTMENT; REMOVAL; COMPENSATION ",
SUBSECTION (C), "REPLACEMENT "; SECTION 4.05,
"BUDGET PROCEDURE ", SUBSECTION (D), "PUBLIC
HEARING ", SUBSECTION (E), `BUDGET
ADOPTION /APPROPRIATIONS ", SUBSECTION I, "AUDIT";
SECTION 5.04, "ELECTIONS GENERALLY", SUBSECTION
(B), "HIGHEST NUMBER OF VOTES TO ELECT IN FIRST
NONPARTISAN ELECTION ", SUBSECTION (D), "IF NO
PERSON QUALIFIES "; SECTION 6.05, "PROCEDURE FOR
FILING ", SUBSECTION (A), "CERTIFICATE OF CITY
CLERK; AMENDMENT"; TO CLARIFY, CORRECT
GRAMMATICAL ERRORS, AND TO ENHANCE THE
CHARTER'S READABILITY; PROVIDING FOR A
REFERENDUM ON MARCH 12, 2013; PROVIDING FOR A
REPEALER CLAUSE; PROVIDING A SAVING CLAUSE;
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee which
sought input from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposal, has decided to put
the Question set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF DELRAY BEACH, FLORIDA:
Section 1. That Section 3.04, "Assumption of Office; Organizational Meeting ",
of the Charter of the City of Delray Beach is hereby amended to read as follows:
Section 3.04. - ASSUMPTION OF OFFICE; ORGANIZATIONAL MEETING.
(A) .Assumption of Office. The successful candidates for Mayor and Commissioners shall
assume office on the last Thursday in March following their election. The
Commission shall hold an organizational meeting ' each year
on or after the last Thursday in March, and shall select from the Commissioners
other than the Mayor, a Vice -Mayor and a Deputy Vice - Mayor. These two (2)
officials shall serve in their respective capacities at the pleasure of the Commission
until the organizational meeting of the following year. If the person elected fails to
assume office; the procedures set forth in Section 3.08 shall apply to fill the vacancy.
(B) Assumption of Dice for Appointees and Those Elected at a Special Election. A person
appointed to fill a vacancy in the office of Mayor or Commissioner, or by -eleeg
elected a Mayor or Commissioner at a special election shall assume office at the first
regular meeting of the Commission after being so appointed or elected. If the
person so appointed or elected does not assume office, the procedures set forth in
Section 3.08 shall apply to fill the vacancy.
Section 2. That Section 3.05, "Oath of Office ", of the Charter of the City of
Delray Beach is hereby amended to read as follows:
Section 3.05. - OATH OF OFFICE.
Before assuming their respective offices, the Mayor and Commissioners shall each
take and subscribe to the following oath:
"I do solemnly swear (or affirm) that I will support, protect, and defend the
Constitution and Government of the United States and of the State of Florida and of
the City of Delray Beach; that I am duly qualified to hold office under the laws of the
State of Florida and the Charter and laws of the City of Delray Beach, and that I will
well and faithfully perform the duties of {Mayor} {Commissioner} of the City, upon
which I am about to enter. (So help me God.)"
Section 3. That Section 3.08, "Vacancies; Filling of Vacancies ", Subsection (B),
"Vacancy in Office of Mayor ", of the Charter of the City of Delray Beach is hereby amended to read
as follows:
Section 3.08. - VACANCIES; FILLING OF VACANCIES.
(B) Vacancy in Office of Mayor
(1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar
days preceding the date of the next regular City election, there will be an
2
ORD NO. 35 -12
election to fill the Mayor's seat which will be held at the time of the next
regular City election. If a vacancy occurs in the office of Mayor less than sixty
(60) calendar days preceding the date of the regular City election, the Mayor
shall be elected at a special election to be held on the second Tuesday in May.
If a special election is held to fill the office of Mayor, those persons who
previously qualified to run for the Mayor's seat and other candidates who
qualify pursuant to this Charter and Chapter 34 of the Code of Ordinances
may run for the Mayor's seat to be filled at the special election.
Notwithstanding anything to the contrary, the Mayor elected at the special
election shall assume office ft€ter at the first regular meeting after being
elected.
(2) When a vacancy occurs in the office of Mayor, the Vice -Mayor shall
automatically succeed to the office of Mayor and shall serve until the last
Thursday in Match following the next regular City election. Thereafter, the
Vice -Mayor shall return to his or her former seat and complete the temaindet
of his or her Commission term if any part thereof remains unexpired. If a
special election is called to fill a vacancy in the office of Mayor, the Vice -
Mayor selected at the organizational meeting shall serve until a new Mayor is
seated and shall thereafter return to his or her seat.
(3) The succession of the office of Mayor by the Vice -Mayor shall create a
vacancy in the Commission. The vacancy on the Commission shall be filled
in the manner set forth in this Charter except the Commissioner appointed
to fill the vacancy created on the Commission as a result of a vacancy in the
office of Mayor that occurs sixty (60) days or more before the next election
shall serve only until the last Thursday in March following the next regular
City election. If a vacancy occurs on the Commission as a result of a vacancy
in the office of Mayor less than sixty (60) days before the next election, the
Commission seat shall remain vacant, notwithstanding anything to the
contrary within this Charter until after the assumption of office of the Mayor
after the special election.
(4) If the Vice -Mayor is unable or unwilling to succeed to the office of Mayor,
then the Deputy Vice -Mayor shall succeed to the office of Mayor. If the
Deputy Vice -Mayor is unable or unwilling to succeed to the office of Mayor,
the Commission shall then select a Mayor from the remaining
Commissioners. If the Commission is unable to select a Mayor by the end of
the second regular meeting after the vacancy then a special election shall be
held for the election of the Mayor.
3
ORD NO. 35 -12
(5) If a vacancy occurs in the office of Vice - Mayor, the Deputy Vice -Mayor shall
automatically become Vice -Mayor and a new Deputy Vice -Mayor shall be
selected by the Commission. If a vacancy occurs in the office of Deputy
Vice - Mayor, the Commission shall then select a new Deputy Vice - Mayor.
Section 4. That Section 4.02, "Appointment; Removal; Compensation ", Subsection (C),
"Replacement", of the Charter of the City of Delray Beach is hereby amended to read as follows:
Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION.
(C) Replacement. Upon the death, resignation, incapagity, or termination of the City
Manager, the Commission shall appoint an Acting City Manager and thereafter,
within a reasonable time, appoint a regular City Manager.
Section 5. That Section 4.05, "Budget Procedure ", Subsection (D), "Public Hearing ",
Subsection (E), "Budget Adoption /Appropriations ", Subsection I, "Audit", of the Charter of the
City of Delray Beach is hereby amended to read as follows:
Section 4.05. - BUDGET PROCEDURE.
(D) Public Hearing. A public hearing on the budget shall be held in accordance with State
law
stieh pubhe heating shall be pubhshed at least aite week in ft&anee by the Gity Cl
A condensed copy of the proposed budget shall be ptib6hed available to the public
prior to the public hearing.
(E) Budget Adoption /Appropriations. At the second regular Commission meeting in the
month of September of each year, the Commission shall, by resolution, adopt the
budget for the next fiscal year, and shall, in such resolution, make an appropriation
for the money needed for municipal purposes during the ensuing fiscal year of the
City,: The resolution shall also provide for a levy of the amount necessary to be
raised by taxes upon real and personal property for municipal purposes, which levy
shall not, for the general operating expenses of the City, in any event exceed the
milleage limitation as provided by State law on the assessed valuation of all real and
personal property subject to taxation in the City. Should the Commission take no
final action during said meeting, the budget as submitted, shall be deemed to have
been finally adopted by the Commission.
4
ORD NO. 35-12
(1) Audit. An independent audit shall be made of all accounts of the City government at
least annually, and more frequently if deemed necessary by the Commission. Such
audit shall be made by certified public accountants experienced in municipal
accounting, and who shall have no personal interest, direct or indirect, in the fiscal
affairs of the City, government or of any of its officers. The condensed audit shall be
publish available to the public within thirty (30) days after receipt of the same. An
annual report of the City business shall be made available to the public by the City
Manager in such form as will disclose pertinent facts concerning the activities and
finances of the City government.
Section 6. That Section 5.04, "Elections Generally ", Subsection (B), "Highest Number of
Votes to Elect In First Nonpartisan Election ", Subsection (D), "If No Person Qualifies ", of the
Charter of the City of Delray Beach is hereby amended to read as follows:
Section 5.04. - ELECTIONS GENERALLY.
(B) Highest Numher of Votes to Elect in First Nonpartisan Election. In a 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 all electors casting ballots for that office shall be
declared to be elected; provided, however, notwithstanding the foregoing provision,
should two (2) or more candidates tie for the highest number of votes from all
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.
(D) If No Person Qaaloes or Assumes OVice. If no person qualifies as a candidate for any
particular seat for the office of Commissioner or for the office of Mayor or assumes
office, then those seat(s) 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 3.04 of this Charter, by majority vote to appoint a qualified
person to fill the vacancy. The member(s) appointed to fill a vacancy in the office of
Commissioner or the office of Mayor shall serve as provided by Section 3.08 of this
Charter.
ORD NO. 35-12
Section 7. That Section 6.05, "Procedures for Filing ", subsection (A), "Certificate of City
Clerk; Amendment", of the Charter of the City of Delray Beach is hereby amended to read as
follows:
Section 6.05. - PROCEDURE FOR FILING.
(A) Certificate of City Clerk; Amendment. Within twenty (20) days after the initiative petition
is filed and five (5) days after a referendum petition is filed, the City Clerk shall
complete a certificate as to its sufficiency. The certificate shall specify the gny
deficiencies and defects and the City Clerk shall promptly send a copy of the
certificate to the petitioners' Committee by Registered Certified mail. Grounds for
insufficiency are only those specified in Section 6.04. A petition certified insufficient
for lack of the required number of valid signatures may be amended once if the
petitioners' Committee files a notice of intention to amend it with the City Clerk
within two (2) days after receiving the copy of his or her certificate and files a
supplementary petition within ten (10) days after receiving the copy of such
certificate. Additional signatures may be gathered in this ten (10) day period in order
to meet the minimum required number of electors. Such supplementary petition shall
comply with the requirements of subsections (B) and (C) of Section 6.04. Within five
(5) days after it is filed the City Clerk shall complete a certificate as to the sufficiency
of the petition as amended and promptly send a copy of such certificate to the
petitioners' Committee by Reged Certified mail as in the case of an original
petition.
Section 8. The Charter amendment proposed by this ordinance shall be
submitted to the electors of the City of Delray Beach at the regular election of March 12, 2013 and
shall be deemed adopted upon the favorable vote of a majority of the City electors voting at that
time upon the following question:
QUESTION NO.
CHARTER AMENDMENT - CLARIFYING AND ENHANCING THE
"READABILITY" OF THE CHARTER.
AN AMENDMENT REVISING THE CITY OF DELRAY BEACH
CHARTER BY CORRECTING GRAMMATICAL ERRORS, CLARIFYING
CERTAIN PROVISIONS, AND MAKING THE CHARTER EASIER TO
READ, AS PROVIDED IN ORDINANCE NO. --12.
SHALL THE CHARTER AMENDMENT BE ADOPTED?
n
ORD NO. 35 -12
YES (for approval)
NO (against approval)
Section 9. That upon approval of this ordinance by the majority of electors
voting at the election, all ordinances or parts of 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 10. That if any clause, section or other part of this ordinance shall be
declared invalid or unconstitutional by a court of competent jurisdiction, the remainder of this
ordinance shall not be affected thereby but shall remain in full force and effect.
Section 11. That this ordinance shall become effective upon passage on second
and final reading and in accordance with Section 8.
` PASSE AND ADOPTED in regular session on second and final reading on this
the `lit day of �3' .2012. 4 Qi�—
ATTEST:
City Clerk
First Readin V) . QL�A
Second Readin `0 a�1a
7
ORD NO. 35-12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: David T. Harden, City Manager
DATE: October 8, 2012
Page 1 of 1
SUBJECT: AGENDA ITEM 11.E. -REGULAR COMMISSION MEETING OF OCTOBER 16, 2012
ORDINANCE NO. 35-12
ITEM BEFORE COMMISSION
This ordinance is before Commission for second reading to consider calling for a referendum on
proposed revisions to the Charter of the City of Delray Beach to amend Section 3.04, "Assumption of
Office; Organizational Meeting ", Section 3.05, "Oath of Office ", Section 3.08, "Vacancies; Filling of
Vacancies ", Subsection (B), "Vacancy in Office of Mayor ", Section 4.02, "Appointment; Removal;
Compensation", Subsection (C), "Replacement"; Section 4.05, "Budget Procedure ", Subsection (D),
"Public Hearing ", Subsection (E), "Budget Adoption/Appropriations ", Subsection I, "Audit ", Section
5.04, "Elections Generally ", Subsection (B), "Highest Number of Votes to Elect in First Nonpartisan
Election ", Subsection (D), "If No Person Qualifies "; Section 6.05, "Procedure for Filing ", Subsection
(A), "Certificate of City Clerk; Amendment "; to clarify, correct grammatical errors, and to enhance the
Charter's readability; providing for a referendum election to be held on March 12, 2013.
BACKGROUND
At the first reading on October 2, 2012, the Conunission passed Ordinance No. 35 -12.
RECOMMENDATION
Recommend approval of Ordinance No. 35 -12 on second and final reading.
http: // itwebapp/ AgendaIntranet /Bluesheet.aspx ?ItemlD= 6088 &MeetingID =392 10/18/2012
ORDINANCE NO. 35-12
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
DELRAY BEACH, FLORIDA, PROVIDING FOR CHARTER REVISIONS
BY AMENDING SECTION 3.04, "ASSUMPTION OF OFFICE;
ORGANIZATIONAL MEETING"; SECTION 3.05, "OATH OF OFFICE ";
SECTION 3.08, "VACANCIES; FILLING OF VACANCIES ",
SUBSECTION (B), "VACANCY IN OFFICE OF MAYOR"; SECTION
4.02, "APPOINTMENT; REMOVAL; COMPENSATION ", SUBSECTION
(C), "REPLACEMENT "; SECTION 4.05, "BUDGET PROCEDURE ",
SUBSECTION (D), "PUBLIC HEARING ", SUBSECTION (E), "BUDGET
ADOPTION/APPROPRIATIONS ", SUBSECTION I, "AUDIT "; SECTION
5.04, "ELECTIONS GENERALLY ", SUBSECTION (B), "HIGHEST
NUMBER OF VOTES TO ELECT IN FIRST NONPARTISAN
ELECTION ", SUBSECTION (D), "IF NO PERSON QUALIFIES";
SECTION 6.05, "PROCEDURE FOR FILING ", SUBSECTION (A),
"CERTIFICATE OF CITY CLERK; AMENDMENT"; TO CLARIFY,
CORRECT GRAMMATICAL ERRORS, AND TO ENHANCE THE
CHARTER'S READABILITY; PROVIDING FOR A REFERENDUM ON
MARCH 12, 2013; PROVIDING FOR A REPEALER CLAUSE;
PROVIDING A SAVING CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Commission established a Charter Review Committee which sought
input from the Community as to potential Charter revisions; and
WHEREAS, the City Commission, after a review of the proposal, has decided to put the
Question set forth in this Ordinance to a vote of the electorate.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY
OF DELRAY BEACH, FLORIDA:
Section 1. That Section 3.04, "Assumption of Office; Organizational Meeting ", of the
Charter of the City of Delray Beach is hereby amended to read as follows:
Section 3.04. - ASSUMPTION OF OFFICE; ORGANIZATIONAL MEETING.
(A) Assumption of Office. The successful candidates for Mayor and Commissioners shall assume
office on the last Thursday in March following their election. The Commission shall hold an
organizational meeting ' each year on or after the last Thursday in
March, and shall select from the Commissioners other than the Mayor, a Vice -Mayor and a
Deputy Vice- Mayor. These two (2) officials shall serve in their respective capacities at the
pleasure of the Commission until the organizational meeting of the following year. If the
person elected fails to assume office, the procedures set forth in Section 3.08 shall apply to
fill the vacancy.
(B) Assumption of Office for Appointees and Those Elected at a Special Election. A person
appointed to fill a vacancy in the office of Mayor or Commissioner, or by elee6ng elected a
Mayor or Commissioner at a special election shall assume office at the first regular meeting
of the Commission after being so appointed or elected. If the person so appointed or elected
does not assume office, the procedures set forth in Section 3.08 shall apply to fill the
vacancy.
Section 2. That Section 3.05, "Oath of Office', of the Charter of the City of Delray
Beach is hereby amended to read as follows:
Section 3.05. - OATH OF OFFICE.
Before assuming their respective offices, the Mayor and Commissioners shall each take and
subscribe to the following oath:
"I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and
Government of the United States and of the State of Florida and of the City of Delray Beach;
that I am duly qualified to hold office under the laws of the State of Florida and the Charter
and laws of the City of Delray Beach, and that I will well and faithfully perform the duties
of {Mayor} {Commissioner} of the City, upon which I am about to enter. (So help me
God.)"
Section 3. That Section 3.08, "Vacancies; Filling of Vacancies ", Subsection (B), "Vacancy
in Office of Mayor", of the Charter of the City of Delray Beach is hereby amended to read as follows:
Section 3.08. - VACANCIES; FILLING OF VACANCIES.
(B) Vacancy in Office of Mayor.
(1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days
preceding the date of the next regular City election, there will be an election to fill
the Mayor's seat which will be held at the time of the next regular City election. If a
vacancy occurs in the office of Mayor less than sixty (60) calendar days preceding
the date of the regular City election, the Mayor shall be elected at a special election
to be held on the second Tuesday in May. If a special election is held to fill the office
of Mayor, those persons who previously qualified to run for the Mayor's seat and
other candidates who qualify pursuant to this Charter and Chapter 34 of the Code of
2 ORD NO. 35-12
Ordinances may run for the Mayor's seat to be filled at the special election.
Notwithstanding anything to the contrary, the Mayor elected at the special election
shall assume office aftef at the first regular meeting after being elected.
(2) When a vacancy occurs in the office of Mayor, the Vice -Mayor shall automatically
succeed to the office of Mayor and shall serve until the last Thursday in March
following the next regular City election. Thereafter, the Vice -Mayor shall return to
his or her former seat and complete the remainder of his or her Commission term if
any part thereof remains unexpired. If a special election is called to fill a vacancy in
the office of Mayor, the Vice -Mayor selected at the organizational meeting shall
serve until a new Mayor is seated and shall thereafter return to his or her seat.
(3) The succession of the office of Mayor by the Vice -Mayor shall create a vacancy in
the Commission. The vacancy on the Commission shall be filled in the manner set
forth in this Charter except the Commissioner appointed to fill the vacancy created
on the Commission as a result of a vacancy in the office of Mayor that occurs sixty
(60) days or more before the next election shall serve only until the last Thursday in
March following the next regular City election. If a vacancy occurs on the
Commission as a result of a vacancy in the office of Mayor less than sixty (60) days
before the next election, the Commission seat shall remain vacant, notwithstanding
anything to the contrary within this Charter until after the assumption of office of the
Mayor after the special election.
(4) If the Vice -Mayor is unable or unwilling to succeed to the office of Mayor, then the
Deputy Vice -Mayor shall succeed to the office of Mayor. If the Deputy Vice -Mayor
is unable or unwilling to succeed to the office of Mayor, the Commission shall then
select a Mayor from the remaining Commissioners. If the Commission is unable to
select a Mayor by the end of the second regular meeting after the vacancy then a
special election shall be held for the election of the Mayor.
(5) If a vacancy occurs in the office of Vice - Mayor, the Deputy Vice -Mayor shall
automatically become Vice -Mayor and a new Deputy Vice -Mayor shall be selected
by the Commission. If a vacancy occurs in the office of Deputy Vice - Mayor, the
Commission shall then select a new Deputy Vice - Mayor.
Section 4. That Section 4.02, "Appointment; Removal; Compensation ", Subsection (C),
"Replacement", of the Charter of the City of Delray Beach is hereby amended to read as follows:
Section 4.02. - APPOINTMENT; REMOVAL; COMPENSATION.
3 ORD NO. 35 -12
(C) Replacement. Upon the death, resignation, incapacity, or termination of the City Manager,
the Commission shall appoint an Acting City Manager and thereafter, within a reasonable
time, appoint a regular City Manager.
Section 5. That Section 4.05, "Budget Procedure ", Subsection (D), "Public Hearing ", Subsection
(E), "Budget Adoption/Appropriations ", Subsection I, "Audit ", of the Charter of the City of Delray Beach
is hereby amended to read as follows:
Section 4.05. - BUDGET PROCEDURE.
(D) Public Hearing. A public hearing on the budget shall be held in accordance with State law
AM; the first mgulm Commissien Meeting in September of eaeh year. Netiee of sueh publie
heafing shall be published at least ene Week iff a&a-aee by the City Clerk. A condensed
copy of the proposed budget shall be published available to the public prior to the public
hearing.
(E) Budget Adoption/Appropriations. At the second regular Commission meeting in the month
of September of each year, the Commission shall, by resolution, adopt the budget for the
next fiscal year, and shall, in such resolution, make an appropriation for the money needed
for municipal purposes during the ensuing fiscal year of the City„ The resolution shall also
and provide for a levy of the amount necessary to be raised by taxes upon real and personal
property for municipal purposes, which levy shall not, for the general operating expenses of
the City, in any event exceed the milleage limitation as provided by State law on the
assessed valuation of all real and personal property subject to taxation in the City. Should
the Commission take no final action during said meeting, the budget as submitted, shall be
deemed to have been finally adopted by the Commission.
(I) Audit. An independent audit shall be made of all accounts of the City government at least
annually, and more frequently if deemed necessary by the Commission. Such audit shall be
made by certified public accountants experienced in municipal accounting, and who shall
have no personal interest, direct or indirect, in the fiscal affairs of the City government or of
any of its officers. The condensed audit shall be published available to the public within
thirty (30) days after receipt of the same. An annual report of the City business shall be
made available to the public by the City Manager in such form as will disclose pertinent
facts concerning the activities and finances of the City government.
4 ORD NO. 35-12
Section 6. That Section 5.04, "Elections Generally ", Subsection (B), "Highest Number of Votes to
Elect In First Nonpartisan Election ", Subsection (D), "if No Person Qualifies ", of the Charter of the City of
Delray Beach is hereby amended to read as follows:
Section 5.04. - ELECTIONS GENERALLY.
(B) Highest Number of Votes to Elect in First Nonpartisan Election. In a 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 all electors casting ballots for that office shall be declared to be elected;
provided, however, notwithstanding the foregoing provision, should two (2) or more
candidates tie for the highest number of votes from all 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.
(D) If No Person Qualifies or Assumes Office. If no person qualifies as a candidate for any
particular seat for the office of Commissioner or for the office of Mayor or assumes office,
then those seat(s) 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
3.04 of this Charter, by majority vote to appoint a qualified person to fill the vacancy. The
member(s) appointed to fill a vacancy in the office of Commissioner or the office of Mayor
shall serve as provided by Section 3.08 of this Charter.
Section 7. That Section 6.05, "Procedures for Filing ", subsection (A), "Certificate of City Clerk;
Amendment ", of the Charter of the City of Delray Beach is hereby amended to read as follows:
Section 6.05. - PROCEDURE FOR FILING.
(A) Certificate of City Clerk; Amendment. Within twenty (20) days after the initiative petition is
filed and five (5) days after a referendum petition is filed, the City Clerk shall complete a
certificate as to its sufficiency. The certificate shall specify the Any deficiencies and defects
and the City Clerk shall promptly send a copy of the certificate to the petitioners' Committee
by Registered Certified mail. Grounds for insufficiency are only those specified in Section
6.04. A petition certified insufficient for lack of the required number of valid signatures may
be amended once if the petitioners' Committee files a notice of intention to amend it with the
City Clerk within two (2) days after receiving the copy of his or her certificate and files a
supplementary petition within ten (10) days after receiving the copy of such certificate.
Additional signatures may be gathered in this ten (10) day period in order to meet the
5 ORD NO. 35 -12
minimum required number of electors. Such supplementary petition shall comply with the
requirements of subsections (B) and (C) of Section 6.04. Within five (5) days after it is filed
the City Clerk shall complete a certificate as to the sufficiency of the petition as amended
and promptly send a copy of such certificate to the petitioners' Committee by Registered
Certified mail as in the case of an original petition.
Section 8. The Charter amendment proposed by this ordinance shall be submitted to the
electors of the City of Delray Beach at the regular election of March 12, 2013 and shall be deemed adopted
upon the favorable vote of a majority of the City electors voting at that time upon the following question:
QUESTION NO.
CHARTER AMENDMENT - CLARIFYING AND ENHANCING THE
"READABILITY" OF THE CHARTER.
AN AMENDMENT REVISING THE CITY OF DELRAY BEACH CHARTER BY
CORRECTING GRAMMATICAL ERRORS, CLARIFYING CERTAIN PROVISIONS,
AND MAKING THE CHARTER EASIER TO READ, AS PROVIDED IN
ORDINANCE NO. -12.
lie
YES (for approval)
NO (against approval)
Section 9. That upon approval of this ordinance by the majority of electors voting at the
election, all ordinances or parts of 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 10. That if any clause, section or other part of this ordinance shall be declared
invalid or unconstitutional by a court of competent jurisdiction, the remainder of this ordinance shall not be
affected thereby but shall remain in full force and effect.
Section 11. That this ordinance shall become effective upon passage on second and final
reading and in accordance with Section 8.
PASSED AND ADOPTED in regular session on second and final reading on this the
day of , 2012.
ATTEST:
6 ORD NO. 35-12
City Clerk
First Reading
Second Reading
MAYOR
ORD NO. 35-12
Coversheet
MEMORANDUM
TO: Mayor and City Commissioners
FROM: R. Brian Shutt, City Attorney
DATE: September 25, 2012
Page 1 of I
SUBJECT: AGENDA ITEM 12.B. -REGULAR COMMISSION MEETING OF OCTOBER 2.2012
ORDINANCE NO. 35-12
ITEM BEFORE COMMISSION
Adoption of Ordinance 35 -12 regarding a proposed change to clarify and enhance the Charter's
readability.
BACKGROUND
This proposed Ordinance corrects some grammatical errors, clarifies language and makes the Charter
easier to read. This charter amendment would be placed on the ballot for the March 2013 election and
would be effective upon passage at referendum.
RECOMMENDATION
Commission discretion.
http: / /itwebapp/ Agendalntranet /Bluesheet.aspx ?ltemlD= 6039 &MeetinglD =390 10/8/2012
imlaz