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HomeMy WebLinkAboutAgenda Council Agenda 122117 - SpecialCITY OF PALM BEACH GARDENS SPECIAL MEETING COUNCIL AGENDA December 21, 2017 7:00 p.m. I. PLEDGE OF ALLEGIANCE II. ROLL CALL III. ADDITIONS, DELETIONS, MODIFICATIONS: IV. COMMENTS FROM THE PUBLIC: (For Ordinance 28, 2017 AND Ordinance 32, 2017 ONLY, please submit request form to the City Clerk prior to this Item) V. PUBLIC HEARINGS: (* Designates Quasi-Judicial Hearing) a. ORDINANCE 28, 2017 – (1ST READING) ELIGIBILITY TO SEEK ELECTION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTED IN ACCORDANCE WITH SECTIONS 101.161 AND 166.031, FLORIDA STATUTES, CALLING FOR A REFERENDUM TO BE HELD ON MARCH 13, 2018, PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY CHARTER BE AMENDED AT SECTION 4-1. TO PROVIDE THAT ANY COUNCIL MEMBER WHO HAS LEFT OFFICE DUE TO TERM LIMITS MAY NOT BE ELECTED AGAIN FOR A PERIOD OF THREE (3) YEARS; PROVIDING THAT THE REMAINDER OF THE CHARTER, AS MAY BE AMENDED BY THE ELECTORATE, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY; SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. b. ORDINANCE 32, 2017 – (1ST READING) – LIFETIME BAN. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTED IN ACCORDANCE WITH SECTIONS 101.161 AND 166.031, FLORIDA STATUTES, CALLING FOR A REFERENDUM TO BE HELD ON MARCH 13, 2018, PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY CHARTER BE AMENDED AT SECTION 4-1. TO PROVIDE THAT ANY COUNCIL MEMBER WHO HAS LEFT OFFICE DUE TO TERM LIMITS MAY NOT BE RE-ELECTED TO CITY COUNCIL FOR THE REMAINDER OF THEIR NATURAL LIFE; PROVIDING THAT THE REMAINDER OF THE CHARTER, AS MAY BE AMENDED BY THE ELECTORATE, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY; SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. Mayor Marino Vice Mayor Marciano Councilmember Woods Councilmember Lane Councilmember Litt VI. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal any decision made by the City Council with respect to any matter considered at this public hearing, such interested parties will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk’s Office at 561-799-4122 no later than five (5) days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council. CITY OF PALM BEACH GARDENS CITY COUNCIL Agenda Cover Memorandum Meeting Date: December 21, 2017 Ordinance 28, 2017 Ordinance 32, 2017 Subject/Agenda Item: Proposed Charter change: Ordinance 28, 2017 -Require term-limited Council members leaving office due to term limits to wait three years before being elected again. Ordinance 32, 2017 -Require a lifetime ban from being elected again on Council members leaving office due to term limits. [X] Recommendation to APPROVE Recommendation to DENY Reviewed by: City ~ R. Max Lohman , Esq . Submitted by: Cfy o/ R. Max Lohman , Esq. Approved by: Originating Dept.: CityA~ R. Max Loh m an , Esq . City Attorney Advertised: NA Date : Paper: [X] Not Required Affected partie~ [ ] Notified [X] Not required Costs:$ NA ~----(Total) $ NA Current FY Funding Source: [ ] Operating [x] Other ---------------------------- Contract/ Agreement: Effective Date: NA Expiration Date: NA Budget Acct.#: NA Council Action: ] Approved ] Approved w/ Conditions ] Denied ] Continued to: Attachments: • Ordinance 28, 20 17 • Ord inance 32, 2017 Meeting Date: December 21, 2017 Ordinance 28, 2017 Ordinance 32, 2017 Page 2 of 4 BACKGROUND: during the December 7, 2017 City Council meeting, the City Council voted 4- 1, (Council Member Lane opposed) to postpone Ordinance 28, 2017 to a date certain of December 21, 2017. The City Council directed the City Attorney to review the recommended changes and determine the appropriate ballot language and submit the ballot summary and question to the electors for the March 13, 2018, Uniform Municipal Election. The two ordinances being presented for City Council consideration provide for either waiting three years before being eligible to run for office or establishing a lifetime ban against running for or being elected to City Council after being term limited out of. A Special City Council meeting has been scheduled for December 21, 2017 at 7:00 p.m. for a public hearing to determine if Ordinance 28, 2017 or Ordinance 32, 2017 will be brought to the electors. The proposed language for Ordinance 28, 2017: The elective officers under this Charter shall be the five (5) members of the city council. The selection of members of the city council shall be by groups to be known as Groups 1, 2, 3, 4, and 5. The council members in Groups 2 and 4 shall, in the year 1977, be elected for a term of three (3) years and for three-(3) year terms thereafter; council members in Groups 1, 3, and 5 shall be elected for a term of three (3) years in the year 1978 and for three-(3) year terms thereafter. The term of office of council members shall commence on the first regularly scheduled meeting of the city council following the date of their election and shall continue for three (3) years thereafter until their successors are elected and qualified. No individual shall be elected to the office of council member for more than two (2) consecutive full terms. Service in a term of office which commenced prior to the effective date of any term limit enacted on council members will be credited against any term limitation appro•.ied by the Palm Beach Gardens' electorate. Any council member who has left office due to term limits must be out of office for three (3) years prior to being elected again, such that they shall not be eligible to file or qualify to run for city council again until the second regularly scheduled Palm Beach Gardens municipal election following that council member leaving office. Option #1 CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 3 THE CURRENT CHARTER DOES NOT SPECIFY HOW LONG A TERM LIMITED COUNCIL MEMBER MUST BE OUT OF OFFICE BEFORE RUNNING FOR COUNCIL AGAIN. SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO ESTABLISH THAT TERM LIMITED COUNCIL MEMBERS MUST BE OUT OF OFFICE FOR THREE YEARS PRIOR TO BEING RE-ELECTED, SUCH THAT THEY MAY NOT RUN FOR CITY COUNCIL AGAIN UNTIL THE SECOND REGULARLY SCHEDULED CITY MUNICIPAL ELECTION FOLLOWING THAT MEMBER LEAVING OFFICE. SHALL THE ABOVE DESCRIBED QUESTION NO. 3 BE ADOPTED? __ YES ...... __ NO ~ ... The proposed language for Ordinance 32, 2017: Meeting Date: December 21, 2017 Ordinance 28, 2017 Ordinance 32, 2017 Page 3 of 4 The elective officers under this Charter shall be the five (5) members of the city council. The selection of members of the city council shall be by groups to be known as Groups 1, 2, 3, 4, and 5. The council members in Groups 2 and 4 shall, in the year 1977, be elected for a term of three (3) years, and for three-(3) year terms thereafter; council members in Groups 1, 3, and 5 shall be elected for a term of three (3) years in the year 1978 and for three-(3) year terms thereafter. The term of office of council members shall commence on the first regularly scheduled meeting of the city council following the date of their election and shall continue for three (3) years thereafter until their successors are elected and qualified. No individual shall be elected to the office of council member for more than two (2) consecutive full terms. Service in a term of office which commenced prior to the effecti·.ie date of any term limit enacted on council members will be credited against any term limitation approved by the Palm Beach Gardens' electorate. Any council member who has left office due to term limits shall not be eligible to be elected again to office in perpetuity. Option #2 CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 3 THE CURRENT CITY COUNCIL TERM LIMITS CONSTITUTE A LIFE TIME BAN FROM RE-ELECTION ONLY ON THOSE PERSONS WHO WERE IN OFFICE WHEN TERM LIMITS WERE ESTABLISHED. SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO ESTABLISH THAT ANY COUNCIL MEMBER WHO HAS LEFT OFFICE DUE TO TERM LIMITS SHALL NOT BE ELIGIBLE TO BE RE-ELECTED TO CITY COUNCIL FOR THE REMAINDER OF THEIR NATURAL LIFE. SHALL THE ABOVE DESCRIBED QUESTION NO. 3 BE ADOPTED? __ YES __ NO ... ... Meeting Date: December 21, 2017 Ordinance 28, 2017 Ordinance 32, 2017 Page 4 of 4 As required by Section 100.342, Florida Statutes, and the City Code of Oridnances Section 26- 11 , the City Clerk shall cause a notice of this election to be published in a newspaper of general circulation within the City at least once in the second, third, fourth, and fifth weeks, provided the first publication shall take place at least thirty (30) days before the date fixed for the referendum. In addition, in accordance with Section 26-14 (d) of the City Code of Ordinances, the City Clerk shall publish a sample ballot in a newspaper of general circulation prior to the day of the election, but no more than ten (10) days prior to the election . Such publication shall be conspicuous and not be included within the legal notices and advertisements being published per Chapter 50, Florida Statutes . The Ordinance that is approved by City Council shall become effective immediately upon adoption . The revised language in Sections 4-1 and 4-2 of the Charter as set forth in Section 1 hereinabove shall become effective as of 12:01 a.m. on March 14, 2018, if the question to be voted upon provided hereinabove receives an affirmative vote of the majority of the valid votes cast and counted at the election held on March 13, 2018. The deadline for submitting the proposed ballot language to the Supervisor of Elections is Friday , January 19, 2018, at noon. Staff Recommendation: Staff recommends approval of either Ordinance 28, 2017 or Ordinance 32, 2017 as presented on first reading . · COUNCIL MAY APPROVE ONE OR NONE, BUT NOT BOTH ORDINANCES. 1 ORDINANCE 28, 2017 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA, ADOPTED IN ACCORDANCE WITH 6 SECTIONS 101.161 AND 166.031, FLORIDA STATUTES, CALLING 7 FOR A REFERENDUM TO BE HELD ON MARCH 13, 2018, 8 PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY 9 CHARTER BE AMENDED AT SECTION 4-1. TO PROVIDE THAT ANY 10 COUNCIL MEMBER WHO HAS LEFT OFFICE DUE TO TERM LIMITS 11 MAY NOT BE ELECTED AGAIN FOR A PERIOD OF THREE (3) 12 YEARS; PROVIDING THAT THE REMAINDER OF THE CHARTER, 13 AS MAY BE AMENDED BY THE ELECTORATE, SHALL REMAIN IN 14 FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED; 15 PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT 16 QUESTION TO THE ELECTORS OF THE CITY; SETTING FORTH 17 THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH 18 ELECTION; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY 19 CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN 20 EFFECTIVE DATE; AND FOR OTHER PURPOSES. 21 22 23 WHEREAS, the City Council of the City of Palm Beach Gardens directed the City 24 Attorney to review the City Charter and propose recommended changes to the City 25 Charter; and 26 27 WHEREAS, the City Council has reviewed the recommendations of the citizen 28 Charter Review Committee ("CRC"), and the City Council has determined that it would be 29 in the best interest of the City of Palm Beach Gardens to accept such recommendations; 30 and 31 32 WHEREAS, the City Council has concluded that the CRC's recommendation to 33 amend the City Charter such that any council member who has left office due to being 34 term limited may not be elected again until the second regularly scheduled city municipal 35 election following that council member having left office ( one term sit out) and calling for 36 a referendum election in accordance with the provisions of Section 166.031, Florida 37 Statutes, for the electorate of the City of Palm Beach Gardens to consider such 38 amendment to the Charter is in the best interest of the City of Palm Beach Gardens; and 39 40 WHEREAS, the City Council deems approval of this Ordinance to be in the best 41 interest of the health, safety , and welfare of the residents and citizens of the City of Palm 42 Beach Gardens and the public at large. 43 44 45 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 46 OF PALM BEACH GARDENS, FLORIDA, that: Page 1 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 Ordinance 28, 2017 SECTION 1. The proposed amendment to Section 4-1 of the City's Charter shall read as follows: The elective officers under this Charter shall be the five (5) members of the city council. The selection of members of the city council shall be by groups to be known as Groups 1, 2, 3, 4, and 5. The council members in Groups 2 and 4 shall, in the year 1977, be elected for a term of three (3) years, and for three-(3) year terms thereafter; council members in Groups 1, 3, and 5 shall be elected for a term of three (3) years in the year 1978 and for three-(3) year terms thereafter. The term of office of council members shall commence on the first regularly scheduled meeting of the city council following the date of their election and shall continue for three (3) years thereafter until their successors are elected and qualified. No individual shall be elected to the office of council member for more than two (2) consecutive full terms. Service in a term of office which commenced prior to the effecti¥e date of any term limit enacted on council members will be credited against any term limitation appro•,ed by the Palm Beach GaFdens' electorate. Any council member who has left office due to term limits must be out of office for three (3) years prior to being elected again, such that they shall not be eligible to file or qualify to run for city council again until the second regularly scheduled Palm Beach Gardens municipal election following that council member leaving office . SECTION 2. The Charter amendment proposed by this Ordinance shall be submitted to the electors of the City of Palm Beach Gardens, Florida, at the general municipal election to be held on the 13th day of March, 2018, in the form of the following question: CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 3 THE CURRENT CHARTER DOES NOT SPECIFY HOW LONG A TERM LIMITED COUNCIL MEMBER MUST BE OUT OF OFFICE BEFORE RUNNING FOR COUNCIL AGAIN. SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO ESTABLISH THAT TERM LIMITED COUNCIL MEMBERS MUST BE OUT OF OFFICE FOR THREE YEARS PRIOR TO BEING RE-ELECTED, SUCH THAT THEY MAY NOT RUN FOR CITY COUNCIL AGAIN UNTIL THE SECOND REGULARLY SCHEDULED CITY MUNICIPAL ELECTION FOLLOWING THAT MEMBER LEAVING OFFICE. SHALL THE ABOVE DESCRIBED QUESTION NO. 3 BE ADOPTED? __ YES NO -- Page 2 of 4 Ordinance 28, 2017 1 SECTION 3. The City Clerk shall cause a notice of this election called for the 2 purpose of presenting the subject Charter revision to a vote of the electorate to be 3 published in accordance with the provisions of Section 100.342, Florida Statutes, at least 4 twice: once in the fifth week and once in the third week prior to the week in which the 5 referendum is to be held; provided that the first publication shall take place at least 30 6 days before the date fixed for the referendum and shall be published in a newspaper of 7 general circulation within the City. 8 9 SECTION 4. In accordance with Section 26-11 (a) of the City Code of Ordinances, 10 the City Clerk shall cause a notice of election to be published in a newspaper of general 11 circulation within the City at one time during the fourth week and at one time in the second 12 week preceding the week in which the election is held. 13 14 SECTION 5. In accordance with Section 26-14 (d) of the City Code of Ordinances, 15 the City Clerk shall publish a sample ballot in a newspaper of general circulation prior to the 16 day of the election, but no more than ten days prior to the election. Such publication shall 17 be conspicuous and not be included within the legal notices and advertisements being 18 published per Chapter 50, Florida Statutes . 19 20 SECTION 6. All ordinances or parts of ordinances in conflict be and the same are 21 hereby repealed . 22 23 SECTION 7. Should any section or prov1s1on of this Ordinance or any portion 24 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 25 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 26 27 SECTION 8. Specific authority is hereby given to codify this Ordinance. 28 29 SECTION 9. This Ordinance shall become effective immediately upon adoption. 30 The revised language in Section 4-1 . of the Charter as set forth in Section 1 hereinabove 31 shall become effective as of 12:01 a.m. on March 14, 2018, if the question to be voted 32 upon provided hereinabove receives an affirmative vote of the majority of the valid votes 33 cast and counted at the election held on March 13, 2018. 34 35 36 (The remainder of this page intentionally left blank) 37 38 39 40 41 42 43 44 45 46 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 28, 2017 PASSED this __ day of ______ , 2017, upon first reading. PASSED AND ADOPTED this __ day of------' 2018, upon second and final reading. CITY OF PALM BEACH GARDENS BY: -------------Maria G. Marino, Mayor Mark T. Marciano, Vice Mayor Carl Woods, Councilmember Matthew Jay Lane, Councilmember Rachelle A Litt, Councilmember ATTEST: BY: -------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------R. Max Lohman, City Attorney FOR AGAINST ABSENT G:\attomey_share\ORDINANCES\2017\2017 Chart Amend-Ords 26-29\0rd 28 2017-Charter Rev-Quest 3-sit out 3 yrs.docx Page 4 of 4 1 ORDINANCE 32, 2017 2 3 4 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM 5 BEACH GARDENS, FLORIDA, ADOPTED IN ACCORDANCE WITH 6 SECTIONS 101.161 AND 166.031, FLORIDA STATUTES, CALLING 7 FOR A REFERENDUM TO BE HELD ON MARCH 13, 2018, 8 PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY 9 CHARTER BE AMENDED AT SECTION 4-1. TO PROVIDE THAT ANY 10 COUNCIL MEMBER WHO HAS LEFT OFFICE DUE TO TERM LIMITS 11 MAY NOT BE RE-ELECTED TO CITY COUNCIL FOR THE 12 REMAINDER OF THEIR NATURAL LIFE; PROVIDING THAT THE 13 REMAINDER OF THE CHARTER, AS MAY BE AMENDED BY THE 14 ELECTORATE, SHALL REMAIN IN FULL FORCE AND EFFECT AS 15 PREVIOUSLY ENACTED; PROVIDING FOR SUBMISSION OF THE 16 PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY; 17 SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED 18 UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A 19 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; 20 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES. 21 22 23 WHEREAS, the City Council of the City of Palm Beach Gardens directed the City 24 Attorney to review the City Charter and propose recommended changes to the City 25 Charter; and 26 27 WHEREAS, the City Council has concluded that it is advisable to amend the City 28 Charter such that any council member who has left office due to term limit shall not be 29 eligible to be re-elected in perpetuity and calling for a referendum election in accordance 30 with the provisions of Section 166.031, Florida Statutes, for the electorate of the City of 31 Palm Beach Gardens to consider such amendment to the Charter is in the best interest 32 of the City of Palm Beach Gardens; and 33 34 WHEREAS, the City Council deems approval of this Ordinance to be in the best 35 interest of the health, safety, and welfare of the residents and citizens of the City of Palm 36 Beach Gardens and the public at large. 37 38 39 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 40 OF PALM BEACH GARDENS, FLORIDA, that: 41 42 43 44 45 46 Page 1 of 4 Ordinance 32 , 2017 1 SECTION 1. The proposed amendment to Section 4-1. of the City's Charter shall 2 read as follows: 3 4 The elective officers under this Charter shall be the five (5) members of the city 5 council. The selection of members of the city council shall be by groups to be known as 6 Groups 1, 2, 3, 4, and 5. The council members in Groups 2 and 4 shall , in the year 1977, 7 be elected for a term of three (3) years , and for three-(3) year terms thereafter; council 8 members in Groups 1, 3 , and 5 shall be elected for a term of three (3) years in the year 9 1978 and for three-(3) year terms thereafter. The term of office of council members shall 10 commence on the first regularly scheduled meeting of the city council following the date 11 of their election and shall continue for three (3) years thereafter until their successors are 12 elected and qualified . No individual shall be elected to the office of council member for 13 more than two (2) consecutive full terms. Service in a term of office which commenced 14 prior to the e#octi•1e date of any term limit enacted on council members will be credited 15 against any term limitation appro¥ed by the Palm Beach Gardens' electorate. Any council 16 member who has left office due to term limits shall not be eligible to be re-elected to city 17 council for the remainder of their natural life. 18 19 SECTION 2. The Charter amendment proposed by this Ordinance shall be 20 submitted to the electors of the City of Palm Beach Gardens, Florida, at the general 21 municipal election to be held on the 13th day of March, 2018, in the form of the following 22 question: 23 24 CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 3 25 26 THE CURRENT CITY COUNCIL TERM LIMITS CONSTITUTE A LIFE 27 TIME BAN FROM RE-ELECTION ONLY ON THOSE PERSONS WHO 28 WERE IN OFFICE WHEN TERM LIMITS WERE ESTABLISHED. SHALL 29 THE PALM BEACH GARDENS CHARTER BE AMENDED TO 30 ESTABLISH THAT ANY COUNCIL MEMBER WHO HAS LEFT OFFICE 31 DUE TO TERM LIMITS SHALL NOT BE ELIGIBLE TO BE RE-ELECTED 32 TO CITY COUNCIL FOR THE REMAINDER OF THEIR NATURAL LIFE. 33 34 SHALL THE ABOVE DESCRIBED QUESTION NO. 3 BE ADOPTED? 35 36 YES 37 38 NO 39 40 41 42 43 44 45 46 47 Page 2 of 4 Ordinance 32, 2017 1 SECTION 3. The City Clerk shall cause a notice of this election called for the 2 purpose of presenting the subject Charter revision to a vote of the electorate to be 3 published in accordance with the provisions of Section 100.342, Florida Statutes, at least 4 twice: once in the fifth week and once in the third week prior to the week in which the 5 referendum is to be held; provided that the first publication shall take place at least 30 6 days before the date fixed for the referendum and shall be published in a newspaper of 7 general circulation within the City. 8 9 SECTION 4. In accordance with Section 26-11 (a) of the City Code of Ordinances, 10 the City Clerk shall cause a notice of election to be published in a newspaper of general 11 circulation within the City at one time during the fourth week and at one time in the second 12 week preceding the week in which the election is held. 13 14 SECTION 5. In accordance with Section 26-14 (d) of the City Code of Ordinances, 15 the City Clerk shall publish a sample ballot in a newspaper of general circulation prior to the 16 day of the election, but no more than ten days prior to the election. Such publication shall 17 be conspicuous and not be included within the legal notices and advertisements being 18 published per Chapter 50, Florida Statutes . 19 20 SECTION 6. All ordinances or parts of ordinances in conflict be and the same are 21 hereby repealed. 22 23 SECTION 7. Should any section or provision of this Ordinance or any portion 24 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction 25 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance. 26 27 SECTION 8. Specific authority is hereby given to codify this Ordinance. 28 29 SECTION 9. This Ordinance shall become effective immediately upon adoption. 30 The revised language in Section 4-1 . of the Charter as set forth in Section 1 hereinabove 31 shall become effective as of 12:01 a.m. on March 14, 2018, if the question to be voted 32 upon provided hereinabove receives an affirmative vote of the majority of the valid votes 33 cast and counted at the election held on March 13, 2018. 34 35 36 (The remainder of this page intentionally left blank) 37 38 39 40 41 42 43 44 45 46 Page 3 of 4 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 43 44 45 46 47 Ordinance 32 , 2017 PASSED this __ day of _______ , 2017, upon first reading. PASSED AND ADOPTED this __ day of------' 2018, upon second and final reading. CITY OF PALM BEACH GARDENS BY: -------------Maria G. Marino, Mayor Mark T. Marciano, Vice Mayor Carl Woods, Councilmember Matthew Jay Lane, Councilmember Rachelle A. Litt, Councilmember ATTEST: BY: -------------Patricia Snider, CMC, City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY BY: -------------R. Max Lohman, City Attorney FOR AGAINST ABSENT G :\attorney_share\ORDINANCES\2017\2017 Chart Amend-Ords 26-29\0rd 32 2017-Charter Rev-Quest -Life time ban.docx Page 4 of 4 PLEASE PRINT COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL NAME: lc>t's H, }< I &iVI b-0-7 ADDRESS: __ / _3_2_R"._S-__ ~_e-.,,-----'------C.t{_u_-=-'-V),__1)y~.x.;..v:e..,,__,._ ____ _ CITY: p 0-l..-n ~ 6-u..tl.--, , Ft---=3::t ~ZIP: ~ '3 Y Io SUBJECT: ITEM ON THE AGENDA: YES:~ NO:_ Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. 1bis request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment cards must be filled out for each specific Agenda Item about which you wish to speak. COMI\1ENTS FROM 1HE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: Sav'le-f&t ns+-Lt ~ ADDRESS: -""""-3 ----=(oe<.........::Lo"--(o=----_J -~----=-~------""-'k.==--------1--f)_v ___ _ ----'--·f _6_..,,.(r:'--------ZIP: 3 'slf [ 0 SUBJECT: ::K1-Vk\ I , &) -~ CITY: V' ITEM ON THE AGENDA: YES: NO: Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. 1bis request to address the City Council must be delivered to the City Clerk prior to the commencement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment · cards must be filled out for each specific Agenda Item about which you wish to speak. COMMENTS FROM THE PUBLIC REQUEST TO ADDRESS CITY COUNCIL PLEASE PRINT NAME: \\ \ C:, 51-\ \1 ~ ~co"'-1 ADDRESS: ll t \ Oet~rceo tp_ '3-.G. F l. ZIP: 3 SL/10 -'---'-----------~------ ( w ~ ll k lt»~ ~PC,ti £1) Pfl7) CITY: SUBJECT: IIBM ON THE AGENDA: YES: / NO: Members of the public may address the City Council during the "Comments by the Public" and "Public Hearings" portions of the agenda. This request to address the City Council must be delivered to the City Clerk prior to the commerzcement of the item. Each speaker will be given three (3) minutes and is limited to one (1) comment card per Agenda Item. Separate comment · cards must be filled out for each specific Agenda Item about which you wish to speak. CITY OF PALM BEACH GARDENS SPECIAL MEETING COUNCIL AGENDA December 21, 2017 7:00 p.m. Mayor Marino Vice Mayor Marciano Councilmember Woods · 8: 3l Councilmember Lane ~~~1\4~ I\ ~ Councilmember Litt I. PLEDGE OF ALLEGIANCE II. III. IV. ROLL CALL COMMENTS FROM THE PUBLIC: (For Ordinance 28, 2017 AND Ordinance 32, 2017 ONLY, please submit request form to the City Clerk prior to this Item) PUBLIC HEARINGS:<* Designates Quasi-Judicial Hearing) a. ORDINANCE 28, 2017-(1 5 r READING) ELIGIBILITY TO SEEK ELECTION. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS , FLORIDA, ADOPTED IN ACCORDANCE WITH SECTIONS 101 .161 AND 166.031 , FLORIDA STATUTES, CALLING FOR A REFERENDUM TO BE HELD ON MARCH 13, 2018, PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY CHARTER BE AMENDED AT SECTION 4-1 . TO PROVIDE THAT ANY COUNCIL MEMBER WHO HAS LEFT OFFICE DUE TO TERM LIMITS MAY NOT BE RE-ELECTED FOR A PERIOD OF THREE (3) YEARS ; PROVIDING THAT THE REMAINDER OF THE CHARTER , AS MAY BE AMENDED BY THE ELECTORATE, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY ENACTED ; PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY ; SETIING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH ELECTION ; PROVIDING A CONFLICTS CLAUSE , A SEVERABILITY CLAUSE , AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES . b. ORDINANCE 32, 2017 -(1 sr READING) -LIFETIME BAN --AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF PALM BEACH GARDENS, FLORIDA, ADOPTED IN ACCORDANCE WITH SECTIONS 101 .161 AND 166.031 , FLORIDA STATUTES, CALLING FOR A REFERENDUM TO BE HELD ON MARCH 13, 2018, PROPOSING TO THE ELECTORATE OF THE CITY THAT THE CITY CHARTER BE AMENDED AT SECTION 4-1 . TO PROVIDE THAT ANY COUNCIL M EMBER WHO HAS LEFT OFFICE DUE TO TERM LIMITS MAY NOT BE RE-ELECTED TO CITY COUNCIL FOR THE REMAINDER OF THEIR NATURAL LIFE; PROVIDING THAT THE REMAINDER OF THE CHARTER, AS MAY BE AMENDED BY THE ELECTORATE, SHALL REMAIN IN FULL FORCE AND EFFECT AS PREVIOUSLY E NACTED; PROVIDING FOR SUBMISSION OF THE PROPOSED BALLOT QU ESTION TO THE ELECTORS OF THE CITY; SETIING FORTH THE FORM OF THE QUESTION TO BE VOTED UPON AT SUCH ELECTION ; PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND FOR OTH ER PURPOSES. VI. ADJOURNMENT PLEASE TAKE NOTICE AND BE ADVISED that if any interested party wishes to appeal, any decision made by the City Council with respect to any matter considered at this public hearing, such interested parties will need a record of the proceedings and may need to ensure that a verbatim record is made, including the testimony and evidence upon which the appeal is to be based. In accordance with the Americans with Disabilities Act and Section 286.26, Florida Statutes, persons with disabilities needing special accommodations in order to participate in this proceeding are entitled to the provision of certain assistance at no cost. Please call the City Clerk's Office at 561-799-4122 no later than five (5) days prior to the hearing if this assistance is required. For hearing impaired assistance, please call the Florida Relay Service Numbers: 800-955-8771 (TDD) or 800-955-8770 (VOICE). NOTE: All presentation materials must be received by the City Clerk prior to the presentation to the Council.