HomeMy WebLinkAboutAgenda Council Agenda 122117 - Special WorkshopCITY OF PALM BEACH GARDENS
SPECIAL WORKSHOP
COUNCIL AGENDA
December 21, 2017 7:00 p.m.
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. CITY CHARTER DISCUSSION:
a. ORDINANCE 26, 2017 – CHARTER LANGUAGE REVISIONS. 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 AND REORGANIZED IN ORDER
TO ADOPT AND IMPLEMENT THE RECOMMENDATIONS OF THE CITIZEN
CHARTER REVIEW COMMITTEE; 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 27, 2017 A - TERM LIMITS. 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 CHANGE THE EXISTING
CITY COUNCIL TERM LIMITS FROM TWO (2) CONSECUTIVE FULL TERMS
TO THREE (3) CONSECUTIVE FULL TERMS; 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
c. ORDINANCE 27, 2017 B - TERM LIMITS. 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 CHANGE EXISTING CITY
COUNCIL TERM LIMITS FROM TWO (2) CONSECUTIVE FULL TERMS TO
THREE (3) CONSECUTIVE FULL TERMS AND PROVIDING THAT SUCH
TERM LIMITS SHALL BE APPLIED RETROACTIVELY TO SITTING CITY
COUNCIL MEMBERS; 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.
d. ORDINANCE 28, 2017 – ONE TERM SIT OUT. 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.
e. ORDINANCE 29, 2017 – ESTABLISHING PLURALITY VOTE. 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 COUNCIL MEMBERS SHALL BE ELECTED BY PLURALITY RATHER
THAN BY MAJORITY; 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.
f. ORDINANCE 32, 2017 – 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.
VI. ADJOURNMENT
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).
1 ORDINANCE 26, 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 AND REORGANIZED IN ORDER TO
10 ADOPT AND IMPLEMENT THE RECOMMENDATIONS OF THE
11 CITIZEN CHARTER REVIEW COMMITTEE; PROVIDING FOR
12 SUBMISSION OF THE PROPOSED BALLOT QUESTION TO THE
13 ELECTORS OF THE CITY; SETTING FORTH THE FORM OF THE
14 QUESTION TO BE VOTED UPON AT SUCH ELECTION; PROVIDING
15 A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE, AND
16 AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE; AND
17 FOR OTHER PURPOSES.
18
19
20 WHEREAS, the City Council of the City of Palm Beach Gardens directed the City
21 Attorney to review the City Charter and propose recommended changes to the City
22 Charter; and
23
24 WHEREAS, the City Council has reviewed the recommendations of the citizen
25 Charter Review Committee ("CRC"), and the City Council has determined that it would be
26 in the best interest of the City of Palm Beach Gardens to accept such recommendations;
27 and
28
29 WHEREAS, the City Council has concluded that the CRC's recommendation to
30 amend and reorganize the Charter and calling for a referendum election in accordance
31 with the provisions of Section 166.031, Florida Statutes, for the electorate of the City of
32 Palm Beach Gardens to consider such amendment and reorganization of the Charter is
33 in the best interest of the City of Palm Beach Gardens; and
34
35 WHEREAS, the City Council deems approval of this Ordinance to be in the best
36 interest of the health, safety, and welfare of the residents and citizens of the City of Palm
37 Beach Gardens and the public at large.
38
39
40 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
41 OF PALM BEACH GARDENS, FLORIDA, that:
42
43 SECTION 1. The proposed amendment and reorganization of the City Charter
44 shall read as follows:
45
46
Page 1 of 4
Ordinance 26, 2017
1 The proposed new City Charter is attached hereto and incorporated herein as
2 Exhibit "A".
3
4 SECTION 2. The Charter amendment proposed by this Ordinance shall be
5 submitted to the electors of the City of Palm Beach Gardens, Florida, at the general
6 municipal election to be held on the 13th day of March, 2018, in the form of the following
7 question:
8
9 CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 1
10
11 SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO
12 ADOPT AND IMPLEMENT THE RECOMMENDATIONS OF THE
13 CHARTER REVIEW COMMITTEE IN ORDER TO ELIMINATE INTERNAL
14 INCONSISTENCIES, CONFLICTS WITH STATE LAW, CONFLICTS
15 WITH THE COUNCIL-MANAGER FORM OF GOVERNMENT, AND TO
16 REORGANIZE THE CHARTER TO CONFORM WITH COMMONLY
17 ACCEPTED CONSTITUTIONAL CONSTRUCTION AND FORMATTING,
18 AS SET FORTH IN EXHIBIT "A" OF ORDINANCE 26, 2017.
19
20 SHALL THE ABOVE DESCRIBED QUESTION NO. 1 BE ADOPTED?
21
22 YES
23
24 NO
25
26 SECTION 3. The City Clerk shall cause a notice of this election called for the
27 purpose of presenting the subject Charter revision to a vote of the electorate to be
28 published in accordance with the provisions of Section 100.342, Florida Statutes, at least
29 twice : once in the fifth week and once in the third week prior to the week .in which the
30 referendum is to be held; provided that the first publication shall take place at least 30
31 days before the date fixed for the referendum and shall be published in a newspaper of
32 general circulation within the City.
33
34 SECTION 4. In accordance with Section 26-11 (a) of the City Code of Ordinances,
35 the City Clerk shall cause a notice of election to be published in a newspaper of general
36 circulation within the City at one time during the fourth week and at one time in the second
37 week preceding the week in which the election is held.
38
39 SECTION 5. In accordance with Section 26-14 (d) of the City Code of Ordinances,
40 the City Clerk shall publish a sample ballot in a newspaper of general circulation prior to the
41 day of the election, but no more than ten days prior to the election. Such publication shall
42 be conspicuous and not be included within the legal notices and advertisements being
43 published per Chapter 50, Florida Statutes.
44
45 SECTION 6. All ordinances or pa rts of ordinances in conflict be and th e same are
46 hereby repealed .
Page 2 of 4
Ordinance 26, 2017
1 SECTION 7. Should any section or provision of this Ordinance or any portion
2 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
3 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance .
4
5 SECTION 8. Specific authority is hereby given to codify this Ordinance.
6
7 SECTION 9. This Ordinance shall become effective immediately upon adoption .
8 The amended and reorganized Charter language as set forth in Section 1 hereinabove
9 shall become effective as of 12:01 a.m. on March 14, 2018, if the question to be voted
10 upon provided hereinabove receives an affirmative vote of the majority of the valid votes
11 cast and counted at the election held on March 13, 2018.
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Ordinance 26, 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: -------------Mari a 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 26 2017-Charter Rev-Quest 1-Amend & Reorg.docx
Page 4 of 4
Ordinance 26 2017
Exhibit "A"
ARTICLE I: TRANSITION SCHEDULE
Section 1-1. Ordinances preserved.
All ordinances in effect upon adoption of this Charter, to the extent not inconsistent with it,
shall remain in full force and effect until repealed or changed as provided herein.
Section 1-2. Rights of officers and employees.
Nothing in this Charter, except as otherwise specifically provided, shall affect or impair the
rights or privileges of persons who are city officers or employees at the time of adoption.
Elected officials shall continue to hold their offices and discharge the duties thereof until their
successors are duly elected.
Section 1-3. Pending matters.
All rights, claims, actions, orders, contracts, and legal or administrative proceedings involving
the city shall continue, except as modified pursuant to the provisions of this Charter.
ARTICLE 11: BOUNDARIES
Section 2-1. Boundaries.
(This section shall remain in full force and effect as previously enacted.)
ARTICLE Ill: FORM OF GOVERNMENT
Section 3-1. Form of government.
The form of government of the City of Palm Beach Gardens shall be that known as the
"Council-Manager" form of government, as more particularly set forth hereinbelow.
ARTICLE IV: LEGISLATIVE
Section 4-1. Authority under state law.
The said City of Palm Beach Gardens, Florida shall be and constitute a body politic and
corporate and as such shall have perpetual existence and may sue, be sued, defend, plead,
and be impleaded in all courts and places and shall exercise all the powers, privileges, and
functions of municipalities unless prohibited and/or preempted by the Constitution and
general laws of the State of Florida .
Page 1 of 7
Ordinance 26 2017
Section 4-2. City Council; powers, composition, and method of election.
There shall be a city council with all legislative powers of the city vested therein consisting of
five (5) members who shall be electors of the city, who shall be elected by the electors of the
city. 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, in the year 1978, be elected for a term of three (3) years 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 and/or 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 of one-half or less than one-half of a full three-(3) year term
shall not count toward the subject term limit. Service in a term of office that commenced prior
to the effective date of any term limit enacted on council members will be credited against
any term limitation approved by the Palm Beach Gardens' electorate .
General elections shall be held on the second Tuesday of March or as may be established
by ordinance. Any candidate seeking election as a council member shall file with the city
clerk a written notice to such effect at such time and in such manner as established by
ordinance and shall pay such filing fee or otherwise qualify as shall be established by
ordinance. Such notice shall state the number of the group to which he or she seeks to be
elected , and any additional information as may be required by ordinance. All candidates shall
be registered electors of the city.
Whenever a general or special election is held to fill any elective office in the City of Palm
Beach Gardens, the candidate receiving a majority of the votes cast at such election to fill
such office shall be declared to be duly elected ; provided that in the event no candidate for a
particular elective office shall receive a majority of the votes cast for such election to fill such
office, then a runoff election shall be held on the fourth Tuesday in March of the same
calendar year said general election was held or as soon as practicable thereafter if such
runoff election cannot be held on the fourth Tuesday in March as set forth above; and in the
event a special election is held, and a runoff election is required , then said runoff election
shall be held two (2) weeks from the date of said original special election ; provided further ,
that in such event only the names of the two (2) candidates having received the greatest
number of votes in the general or special election for such office shall be submitted to the
voters and the one of these two (2) receiving the majority number of votes in such runoff
election shall be declared to be duly elected to such office ; provided further, that should two
(2) or more candidates receive an equal number of votes to any such office, so that it cannot
be determined which two (2) had received the greatest and the next greatest number of votes ,
then the names of all such candidates shall be submitted at the runoff election and the
candidate receiving the greatest number of votes at such election shall be declared elected
to such office , regardless of whether such candidate received a majority of the votes cast to
fill such office at such runoff election .
If death , withdrawal , or removal from the ballot of a qualified candidate occurs after the ballots
have been submitted for printing , have been printed , and/or after the deadline for mailing
vote-by-mail ballots , any such previously qualified candidate shall no longer be considered
and shall no longer be a candidate , qualified or otherwise, for the office for which their name
Pa ge 2 of 7
Ordinance 26 2017
appeared on the subject ballot. Such deceased, withdrawn, disqualified, or removed
candidate shall be defined as and referred to as a "former candidate." Accordingly, votes
cast for or ballots submitted in favor of any former candidate shall not be counted in the total
number of votes and/or ballots. No vote for a former candidate shall count or contribute
toward the total number of votes, number of under votes, or number of over votes. A ballot
marked, annotated, or that in any way could be interpreted to constitute a vote in favor of a
former candidate shall be treated as a nullity, as it relates to that specific contest for election.
It is the express intent of the City of Palm Beach Gardens that votes cast and ballots submitted
for a former candidate shall have no effect on the outcome or results of any city election . This
provision shall be strictly construed by all courts having jurisdiction in the State of Florida.
Section 4-3. Quorum, meetings, organization, and election of mayor and vice mayor.
No less than three (3) members of the city council must be present in order to constitute a
quorum for the conduct of city council business. The city council shall meet no less frequently
than once per month and at such time and place as the city council may prescribe.
Notwithstanding the foregoing, any city council meeting may be cancelled by the mayor or
city manager in case of a recognized emergency or disaster. If a city council meeting is so
cancelled, the matters that were to be considered will be placed on an agenda for the next
available city council meeting subject to required notice. Special meetings may be held at the
call of the mayor or by a majority of the members present. The members of the city council
elected pursuant to this article shall meet for organization at the next regularly scheduled
meeting of the city council following the date of their election or as may be established by a
majority vote of the city council's total membership. At said meeting, the city council shall
appoint one (1) member a mayor and another member a vice mayor of the city, each of whom
shall hold such office for a term of one (1) year or until his/her successor shall be appointed.
The city council may also appoint a third member vice mayor pro tempore, who shall have
the same term as the mayor and vice mayor, if a majority of the city council present deems
such appointment appropriate and prudent.
Section 4-4. Vacancies.
The office of a council member shall become vacant in the event of death, resignation, or
removal from office of any member of the city council. Jhe method of filling any such vacancy
shall be as follows:
(a) Filling of vacancies. The city council, or so much of it as shall remain, shall
have the power by a majority vote of the remaining members to fill a vacancy on the city
council by the appointment of a qualified elector to hold such office until the next general
municipal election when a successor shall be elected and take office. Should the city council
decline to fill a vacancy, the vacant seat shall be filled by a successor at the next available
general municipal election . The successor so elected shall then serve the remaining portion
of the three-(3) year term for the city council seat in which the vacancy occurred.
Page 3 of 7
Ordinance 26 2017
(b) Extraordinary vacancies. In the event that all members of the city council are
removed from office such that each city council seat is vacant, the governor shall appoint an
interim city council, comprised of five (5) qualified electors, who shall call a special election
that shall be held in the same manner as the first election under this Charter. (See Section
4-2.) However, if a national, countywide, or general municipal election is scheduled to be
held within one hundred eighty (180) days of the interim city council taking office, then no
such special election shall be required.
Section 4-5. Compensation for mayor and council members.
The salaries of the mayor and council members shall be fixed by ordinance; provided,
however, that the city council shall not raise the salaries of the city council or the mayor during
any fiscal year in which the ordinance raising salaries is adopted . Any increase or decrease
in the city council's or mayor's salary shall not take effect until the fiscal year immediately
following the fiscal year in which the ordinance was adopted.
Section 4-6. Powers and duties of the mayor.
The mayor shall preside as chairman at meetings of the city council; shall be recognized as
head of city government for all ceremonial purposes; shall be recognized by the governor for
purposes of military law; for service of process, and ~xecution of contracts, deeds, and other
documents. However, the city manager may also execute contracts, deeds, and other
documents as such authority may be delegated to him/her by city council action, resolution,
or ordinance. The mayor shall have no administrative duties except as required to carry out
the responsibilities herein. The mayor shall have a voice and vote in the proceedings of the
city council.
The vice mayor shall assume the duties of the mayor during the absence or disability of the
mayor.
In the absence or disability of both the mayor and vice mayor, the city council may appoint a
vice mayor pro tern to fulfill the duties and function_s of said office, if one has not been
previously appointed.
Section 4-7. Prohibitions.
(a) Appointment and removals . Neither the city council nor any of its members
shall in any manner dictate the appointment or removal of any city administrative officers or
employees whom the city manager or any of his/her subordinates are empowered to appoint,
but the city council may express its views and fully and freely discuss with the city manager
anything pertaining to appointment and removal of such officers and employees.
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Ordinance 26 2017
(b) Interference with administration. Except for the purpose of inquiries, the city
council or its members shall deal with city officers and employees who are subject to the
direction and supervision of the city manager solely through the city manager, and neither the
city council nor its members shall give orders to any such officer or employee either publicly
or privately. Recommendations for improvement in city government operations by individual
city council members shall be made to and through the city manager, so that the city manager
may coordinate efforts of all city departments to achieve the greatest possible savings through
the most efficient and sound means available.
Section 4-8. Turnover of documents.
It shall be the duty of every officer of the city within ten (10) days after the expiration of his/her
term of office or his/her removal therefrom to deliver to his/her successor in office or to such
other person as the city council may designate all books, records, papers, vouchers, and
property of every kind in his/her possession or control belonging to the municipality.
Section 4-9. City council-appointed advisors, consultants, and officials.
The city council shall have the power and authority to employ and retain engineers, auditors ,
and attorneys and other professional advisors and consultants. The city council shall have
the power to create and abolish all offices and fix and determine the authority, duties, and
compensation of all appointed officers.
Section 4-10. Mayor, any council member, or any elected official may be recalled.
The mayor, any council member, or any other elected official may be recalled and removed
from his or her respective office as provided under the general law of the State of Florida.
ARTICLE V: ADMINISTRATION AS COUNCIL-MANAGER GOVERNMENT
Section 5-1. City manager.
(a) The city council, by a majority vote of its total membership, shall appoint a
city manager who shall serve at the pleasure of the city council. The city manager shall be
appointed on the basis of executive and administrative qualifications as established by the
city council. The compensation and benefits of the city manager shall be as determined by
the city council. The city council may annually review the city manager's performance at a
time and in a manner determined by the city council. The city manager shall designate in
writing, filed with the clerk, an individual who shall perform the duties of the city manager
during his/her temporary absence.
(b) The city manager shall be the chief administrative officer of the municipal
government under the laws and Charter of the city, responsible to the city council for the
administration of all city affairs and employees. To that end, the city manager's powers and
duties include, but are not limited to :
(1) See that the laws and ordinances are enforced.
(2) Prepare and submit an annual budget to the city council for its consideration.
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Ordinance 26 2017
(3) Attend all meetings of the city council with a right to take part in the discussion
but without having a vote.
(4) Recommend to the city council for adoption such measures as he/she may
deem necessary or expedient in the interest of the city. To keep the city
council fully advised as to the financial condition and needs of the city and to
prepare and submit for its consideration an annual budget.
(5) Appoint all department heads, to employ and remove all other employees of
the city, except for the city attorney.
(6) Make such reports as the city council may require concerning the operations
of the city departments.
(7) Perform such other duties as may be specified in this Charter, by law, or as
the city council may prescribe.
(8) Retain such specialized professional services as may be necessary to
effectively and efficiently conduct the city's affairs in accordance with federal,
state, and local laws.
(c) No member of the city council shall dictate the appointment of any person to
office or employment by the city manager or in any manner interfere with the city manager or
prevent him/her from exercising his/her own judgment in the appointment of officers and
employees in the administrative service. The city council and its members shall deal with city
employees solely through the city manager. The foregoing sentence does not apply to the
city attorney.
(d) The city council may remove or suspend the city manager by a majority vote
of the total membership of the city council. The city manager shall hold office and serve at
the pleasure of the city council. The city manager shall continue to receive full salary and
benefits until the effective date of such removal.
(e) By letter or memorandum filed with the city clerk, the city manager shall
designate a city officer or employee to exercise the powers and perform the duties of city
manager during the city manager's absence or disability. The city council may revoke such
designation at any time and appoint another officer or employee of the city to serve until the
city manager returns.
Section 5-2. City attorney.
(a) The city council, by a majority vote of its total membership , shall appoint a
city attorney who may be removed in the same manner. The compensation and benefits of
the city attorney shall be as determined by the city council. The city may appoint a firm or an
individual to serve as the city attorney.
(b) The city attorney shall be the chief legal officer of the city responsible for all
legal affairs of the city, and shall serve as chief legal advisor to the city council, the city
manager, the city departments, and such boards or committees as are placed in the city
attorney's charge by the city council. The city attorney's powers and duties shall include:
(1) Preparing or reviewing as to form and legal sufficiency all contracts,
resolutions , ordinances, or other documents of the city.
Page 6 of 7
Ordinance 26 2017
(2) Appointing such assistant city attorneys to perform the duties of his/her office
so long as such appointments/assignments do not negatively impact the
budget for the city attorney's office, which would require the city manager's
consent.
(3) Prosecuting and defending all legal or administrative law actions wherein the
city is a party.
(4) Performing such other legal services as may be requested by the city council
or the city manager.
(5) Performing such other duties as may be required by federal and state law,
this Charter, or ordinance.
(c) The city council or the city manager may also appoint one or more special
counsel to serve as legal advisors to the city council, the city manager, and city departments,
officers, and agencies with respect to specific legal proceedings or matters to conduct city
affairs in an efficient manner in accordance with federal and state law, this Charter, or
ordinance of the city .
ARTICLE VI: ELECTIONS
Section 6-1. Regulation by ordinance.
Notwithstanding the provisions set forth at Sections 4-2 and 4-4 of this Charter, the city
council shall provide by ordinance for the conduct of elections in accordance with state law.
ARTICLE VII: INITIATIVE AND REFERENDUM
Section 7-1. Passage or repeal of ordinance; petition; procedure.
The qualified electors of the city shall have the power to institute initiative and referendum
procedures as provided by general law of the State of Florida and/or by ordinance. However, ·
such power shall not extend to the budget or capital program or to any ordinance or resolution
relating to appropriation of money, levy of taxes , or salaries of city officers, employees, or
agents, professional or otherwise.
G :\attomey_share\ORDINANCES\2017\2017 Chart Amend-Ords 26-29\0rd 26 2017-Exh A-Proposed Charter Amd-Clean .docx
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1 ORDINANCE 27, 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 CHANGE THE
10 EXISTING CITY COUNCIL TERM LIMITS FROM TWO (2)
11 CONSECUTIVE FULL TERMS TO THREE (3) CONSECUTIVE FULL
12 TERMS; 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 change the existing city council term limits from two (2) consecutive full terms to three (3)
34 consecutive full terms and calling for a referendum election in accordance with the
35 provisions of Section 166.031, Florida Statutes, for the electorate of the City of Palm
36 Beach Gardens to consider such amendment to the Charter is in the best interest of the
37 City of Palm Beach Gardens; and
38
39 WHEREAS, the City Council deems approval of this Ordinance to be in the best
40 interest of the health, safety, and welfare of the residents and citizens of the City of Palm
41 Beach Gardens and the public at large.
42
43
44 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
45 OF PALM BEACH GARDENS, FLORIDA, that:
46
Page 1 of 4
Ordinance 27, 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) three (3) consecutive full terms. Service in a term of office that
14 commenced prior to the effective date of any term limit enacted on council members will
15 be credited against any term limitation approved by the Palm Beach Gardens' electorate.
16
17 SECTION 2. The Charter amendment proposed by this Ordinance shall be
18 submitted to the electors of the City of Palm Beach Gardens, Florida, at the general
19 municipal election to be held on the 13th day of March, 2018, in the form of the following
20 question:
21
22 CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 2
23
24 SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO
25 . CHANGE THE EXISTING TERM LIMIT OF TWO (2) CONSECUTIVE
26 FULL TERMS TO THREE (3) CONSECUTIVE FULL TERMS.
27
28 SHALL THE ABOVE DESCRIBED QUESTION NO. 2 BE ADOPTED?
29
30 YES
31
32 NO
33
34 SECTION 3. The City Clerk shall cause a notice of this election called for the
35 purpose of presenting the subject Charter revision to a vote of the electorate to be
36 published in accordance with the provisions of Section 100.342, Florida Statutes, at least
37 twice: once in the fifth week and once in the third week prior to the week in which the
38 referendum is to be held; provided that the first publication shall take place at least 30
39 days before the date fixed for the referendum and shall be published in a newspaper of
40 general circulation within the City.
41
42 SECTION 4. In accordance with Section 26-11 (a) of the City Code of Ordinances,
43 the City Clerk shall cause a notice of election to be published in a newspaper of general
44 circulation within the City at one time during the fourth week and at one time in the second
45 week preceding th e week in which the el ection is held.
46
Page 2 of 4
Ordinance 27, 2017
1 SECTION 5. In accordance with Section 26-14 (d) of the City Code of Ordinances,
2 the City Clerk shall publish a sample ballot in a newspaper of general circulation prior to the
3 day of the election, but no more than ten days prior to the election. Such publication shall
4 be conspicuous and not be included within the legal notices and advertisements being
5 published per Chapter 50, Florida Statutes.
6
7 SECTION 6. All ordinances or parts of ordinances in conflict be and the same are
8 hereby repealed.
9
10 SECTION 7. Should any section or prov1s1on of this Ordinance or any portion
11 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
12 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
13
14 SECTION 8. Specific authority is hereby given to codify this Ordinance.
15
16 SECTION 9. This Ordinance shall become effective immediately upon adoption.
17 The revised language in Section 4-1 of the Charter as set forth in Section 1 hereinabove
18 shall become effective as of 12:01 a .m. on March 14, 2018, if the question to be voted
19 upon provided hereinabove receives an affirmative vote of the majority of the valid votes
20 cast and counted at the election held on March 13, 2018.
21
22
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Ordinance 27, 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
APPROVEDASTOFORMAND
LEGAL SUFFICIENCY
BY: -------------R. Max Lohman, City Attorney
FOR AGAINST ABSENT
~-
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1 ORDINANCE 27, 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 CHANGE EXISTING
10 CITY COUNCIL TERM LIMITS FROM TWO (2) CONSECUTIVE FULL
11 TERMS TO THREE (3) CONSECUTIVE FULL TERMS AND
12 PROVIDING THAT SUCH TERM LIMITS SHALL BE APPLIED
13 RETROACTIVELY TO SITTING CITY COUNCIL MEMBERS;
14 PROVIDING THAT THE REMAINDER OF THE CHARTER, AS MAY
15 BE AMENDED BY THE ELECTORATE, SHALL REMAIN IN FULL
16 FORCE AND EFFECT AS PREVIOUSLY ENACTED; PROVIDING
17 FOR SUBMISSION OF THE PROPOSED BALLOT QUESTION TO
18 THE ELECTORS OF THE CITY; SETTING FORTH THE FORM OF
19 THE QUESTION TO BE VOTED UPON AT SUCH ELECTION;
20 PROVIDING A CONFLICTS CLAUSE, A SEVERABILITY CLAUSE,
21 AND AUTHORITY TO CODIFY; PROVIDING AN EFFECTIVE DATE;
22 AND FOR OTHER PURPOSES.
23
24
25 WHEREAS, the City Council of the City of Palm Beach Gardens directed the City
26 Attorney to review the City Charter and propose recommended changes to the City
27 Charter; and
28
29 WHEREAS, the City Council has reviewed the recommendations of the citizen
30 Charter Review Committee ("CRC"), and the City Council has determined that it would be
31 in the best interest of the City of Palm Beach Gardens to accept such recommendations;
32 and
33
34 WHEREAS, the City Council has concluded that the CRC's recommendation to
35 change the existing city council term limits from two (2) consecutive full terms to three (3)
36 consecutive full terms and calling for a referendum election in accordance with the
37 provisions of Section 166.031, Florida Statutes, for the electorate of the City of Palm
38 Beach Gardens to consider such amendment to the Charter is in the best interest of the
39 City of Palm Beach Gardens; and
40
41 WHEREAS, the City Council deems approval of this Ordinance to be in the best
42 interest of the health, safety, and welfare of the residents and citizens of the City of Palm
43 Beach Gardens and the public at large.
44
45
46
Page 1 of 4
Ordinance 27, 2017
1 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
2 OF PALM BEACH GARDENS, FLORIDA, that:
3
4 SECTION 1. The proposed amendment to Section 4-1 of the City's Charter shall
5 read as follows: ·
6
7 The elective officers under this Charter shall be the five (5) members of the city
8 council. The selection of members of the city council shall be by groups to be known as
9 Groups 1, 2 , 3, 4 , and 5. The council members in Groups 2 and 4 shall, in the year 1977,
10 be elected for a term of three (3) years, and for three-(3) year terms thereafter; council
11 members in Groups 1 , 3 , and 5 shall be elected for a term of three (3) years in the year
12 1978 and for three-(3) year terms thereafter. The term of office of council members shall
13 commence on the first regularly scheduled meeting of the city council following the date
14 of their election and shall continue for three (3) years thereafter until their successors are
15 elected and qualified . No individual shall be elected to person may serve the office of as
16 a city council member for more than t\vo (2) three (3) consecutive full terms. Service in a
17 term of office that commenced prior to the effective date of any term limit enacted on
18 council members 'Nill be credited against any term limitation approved by the Palm Beach
19 Gardens' electorate. This limitation shall apply retroactively to all city council members
20 who are holding office as of March 13, 2018.
21
22 SECTION 2. The Charter amendment proposed by this Ordinance shall be
23 submitted to the electors of the City of Palm Beach Gardens, Florida, at the general
24 municipal election to be held on the 13th day of March , 2018, in the form of the following
25 question :
26
27 CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 2
28
29 SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO
30 PROVIDE FOR TERM LIMITS FOR CITY COUNCIL MEMBERS WHICH
31 SHALL BE EFFECTIVE RETROACTIVELY FOR ALL SITTING COUNCIL
32 MEMBERS; PROVIDING THAT NO PERSON MAY SERVE MORE THAN
33 THREE (3) CONSECUTIVE FULL TERMS.
34
35 SHALL THE ABOVE DESCRIBED QUESTION NO. 2 BE ADOPTED?
36
37 YES
38
39 NO
40
41
42
43
44
45
46
Page 2 of 4
r~----------------------------------------------
Ordinance 27 , 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
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40
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Ordinance 27, 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
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Page 4 of 4
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 1
Ordinance 28, 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
1 O 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 effective date of any term limit enacted on council members will be credited
15 against any term limitation approved by the Palm Beach Gardens' electorate. Any council
16 member who has left office due to term limits must be out of office for three (3) years prior to being
17 elected again. such that they shall not be eligible to file or qualify to run for city council again until
18 the second regularly scheduled Palm Beach Gardens municipal election following that council
19 member leaving office.
20
21 SECTION 2. The Charter amendment proposed by this Ordinance shall be
22 submitted to the electors of the City of Palm Beach Gardens, Florida , at the general
23 municipal election to be held on the 13th day of March, 2018, in the form of the following
24 question:
25
26 CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 3
27
28 THE CURRENT CHARTER DOES NOT SPECIFY HOW LONG A TERM
29 LIMITED COUNCIL MEMBER MUST BE OUT OF OFFICE BEFORE
30 RUNNING FOR COUNCIL AGAIN. SHALL THE PALM BEACH
31 GARDENS CHARTER BE AMENDED TO ESTABLISH THAT TERM
32 LIMITED COUNCIL MEMBERS MUST BE OUT OF OFFICE FOR THREE
33 YEARS PRIOR TO BEING RE-ELECTED, SUCH THAT THEY MAY NOT
34 RUN FOR CITY COUNCIL AGAIN UNTIL THE SECOND REGULARLY
35 SCHEDULED CITY MUNICIPAL ELECTION FOLLOWING THAT
36 MEMBER LEAVING OFFICE.
37
38 SHALL THE ABOVE DESCRIBED QUESTION NO. 3 BE ADOPTED?
39
40 YES
41
42 NO
43
44
45
46
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 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
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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
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Page 4 of 4
1 ORDINANCE 29, 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
10 COUNCIL MEMBERS SHALL BE ELECTED BY PLURALITY
11 RATHER THAN BY MAJORITY; PROVIDING THAT THE
12 REMAINDER OF THE CHARTER, AS MAY BE AMENDED BY THE
13 ELECTORATE, SHALL REMAIN IN FULL FORCE AND EFFECT AS
14 PREVIOUSLY ENACTED; PROVIDING FOR SUBMISSION OF THE
15 PROPOSED BALLOT QUESTION TO THE ELECTORS OF THE CITY;
16 SETTING FORTH THE FORM OF THE QUESTION TO BE VOTED
17 UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE, A
18 SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY;
19 PROVIDING AN EFFECTIVE DATE; AND FOR OTHER PURPOSES.
20
21
22 WHEREAS, the City Council of the City of Palm Beach Gardens directed the City
23 Attorney to review the City Charter and propose recommended changes to the City
24 Charter; and
25
26 WHEREAS, the City Council has reviewed the recommendations of the citizen
27 Charter Review Committee ("CRC"), and the City Council has determined that it would be
28 in the best interest of the City of Palm Beach Gardens to accept such recommendations;
29 and
30
31 WHEREAS, the City Council has concluded that the CRC's recommendation to
32 change the vote requirement to be elected from majority to plurality and calling for a
33 referendum election in accordance with the provisions of Section 166 .031, Florida
34 Statutes, for the electorate of the City of Palm Beach Gardens to consider such
35 amendment to the Charter is in the best interest of the City of Palm Beach Gardens; and
36
37 WHEREAS, the City Council deems approval of this Ordinance to be in the best
38 interest of the health, safety, and welfare of the residents and citizens of the City of Palm
39 Beach Gardens and the public at large.
40
41
42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
43 OF PALM BEACH GARDENS, FLORIDA, that:
44
45
46
Page 1 of 4
Ordinance 29, 2017
1 SECTION 1. The proposed amendment to Section 4-1 of the City's Charter shall
2 read as follows:
3
4 Whenever a general or special election is held to fill any elective office in the City
5 of Palm Beach Gardens, the candidate receiving a · majority of the highest number of
6 votes .. even if it is not a majority of the valid votes counted for that seat, shall be declared
7 to be duly elected . However, should two (2) or more candidates tie for the highest number
8 of valid votes received for that seat, then the candidates receiving the highest number of
9 votes shall be declared candidates for the second or "runoff'' election . Such second or
1 O "runoff'' election shall be held as soon as practicable. but in no case more than sixty (60)
11 days after the election producing the tie. In the second or "runoff'' election. the council
12 seat shall be filled by the candidate receiving the highest number of votes. even if it is not
13 a majority of the votes counted for that seat. In the event a candidate dies, w ithdraws their
14 candidacy, is disqualified, or is removed from the race and/or ballot before any election,
15 leaving only one ( 1) candidate for the seat to be fi lled, then an elect ion for that seat shall
16 not be held. The remaining single candidate shall be deemed to have voted for him or
17 herself and/or shall be elected by acclamation. ; pro•1ided that in the e•1ent no candidate
18 for a particular elective office shall receive a majority of the •1otes cast for suoh election
19 to fill such office, then a run off election shall be held on the fourth Tuesday in Marsh of
20 the same calendar year said general election was held; and in the event a special election
21 is held, and a run off election is required, then said run off election shall be held two (2)
22 weeks from date of said original special election; provided further, that in such event only
23 the names of the two (2) candidates having received the greatest number of votes in the
24 general or special election for suoh office shall be submitted to the voters and the one of
25 these two (2) reoei•1ing the majority number of \'Otes in suoh run off election shall be
26 declared to be duly elected to such office; provided further, that should two (2) or more
27 candidates receive an equal number of votes to any such office, so that it cannot be
28 determined \•1hioh two (2) had recei•1ed the greatest and the next greatest number of
29 votes, then the names of all suoh candidates shall be submitted at the run off election
30 and the candidate receiving the greatest number of votes at such election shall be
31 declared elected to such office, regardless of whether such candidate received a majority
32 of the votes cast to fill suoh office at such run off election.
33
34 SECTION 2. The Charter amendment proposed by this Ordinance sha ll be
35 submitted to the electors of the City of Palm Beach Gardens, Florida, at the general
36 municipal election to be held on the 13th day of March, 2018, in the form of t he following
37 question :
38
39 CITY OF PALM BEACH GARDENS REFERENDUM QUESTION NO. 4
40
41 SHALL THE PALM BEACH GARDENS CHARTER BE AMENDED TO
42 CHANGE THE METHOD OF ELECTION FROM MAJORITY VOTE TO
43 PLURALITY VOTE, SUCH THAT THE CITY COUNCIL CANDIDATE WHO
44 RECEIVES THE HIGHEST NUMBER OF VOTES FOR A PARTICULAR
45 COUNCIL SEAT SHALL BE DEEMED TO BE ELECTED.
46
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Ordinance 29, 2017
1 SHALL THE ABOVE DESCRIBED QUESTION NO. 4 BE ADOPTED?
2
3 YES
4
5 NO
6
7 SECTION 3. The City Clerk shall cause a notice of this election called for the
8 purpose of presenting the subject Charter revision to a vote of the electorate to be
9 published in accordance with the provisions of Section 100.342, Florida Statutes, at least
10 twice: once in the fifth week and once in the third week prior to the week in which the
11 referendum is to be held; provided that the first publication shall take place at least 30
12 days before the date fixed for the referendum and shall be published in a newspaper of
13 general circulation within the City.
14
15 SECTION 4. In accordance with Section 26-11 (a) of the City Code of Ordinances,
16 the City Clerk shall cause a notice of election to be published in a newspaper of general
17 circulation within the City at one time during the fourth week and at one time in the second
18 week preceding the week in which the election is held.
19
20 SECTION 5. In accordance with Section 26-14 (d) of the City Code of Ordinances,
21 the City Clerk shall publish a sample ballot in a newspaper of general circulation prior to the
22 day of the election, but no more than ten days prior to the election. Such publication shall
23 be conspicuous and not be included within the legal notices and advertisements being
24 published per Chapter 50, Florida Statutes.
25
26 SECTION 6. All ordinances or parts of ordinances in conflict be and the same are
27 hereby repealed.
28
29 SECTION 7. Should any section or provision of this Ordinance or any portion
30 thereof, any paragraph, sentence, or word be declared by a court of competent jurisdiction
31 to be invalid, such decision shall not affect the validity of the remainder of this Ordinance.
32
33 SECTION 8. Specific authority is hereby given to codify this Ordinance.
34
35 SECTION 9. This Ordinance shall become effective immediately upon adoption.
36 The revised language in Section 4-1 of Charter as set forth in Section 1 hereinabove shall
37 become effective as of 12:01 a .m . on March 14, 2018, if the question to be voted upon
38 provided hereinabove receives an affirmative vote of the majority of the valid votes cast
39 and counted at the election held on March 13, 2018.
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Ordinance 29, 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: -------------Mari a 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 29 2017-Charter Rev-Quest 4-Plurality.docx
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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:
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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
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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
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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
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CITY OF PALM BEACH GARDENS
SPECIAL WORKSHOP
COUNCIL AGENDA
December 21, 2017 7:00 p.m.
Mayor Marino
Vice Mayor Marciano
Councilmember Woods
Councilmember Lane
Councilmember Litt
I. PLEDGE OF ALLEGIANCE
II. ROLL CALL
III. CITY CHARTER DISCUSSION:
a. ORDINANCE 26 , 2017-CHARTER LANGUAGE REVISIONS . 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 AND REORGANIZED IN ORDER
TO ADOPT AND IMPLEMENT THE RECOMMENDATIONS OF THE CITIZEN
CHARTER REVIEW COMMITTEE ; 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 27 , 2017 A -TERM LIMITS. 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 CHANGE THE EXISTING
CITY COUNCIL TERM LIMITS FROM TWO (2) CONSECUTIVE FULL TERMS
TO THREE (3) CONSECUTIVE FULL TERMS ; PROVIDING THAT THE
REMAINDER OF THE CHARTER, AS MAY BE AMENDED BY THE
EL ECTORATE, SHALL REMAIN IN FULL FORC E 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 .
c. ORDINANCE 27, 2017 B -TERM LIMITS. 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 CHANGE EXISTING CITY
COUNCIL TERM LIMITS FROM TWO (2) CONSECUTIVE FULL TERMS TO
THREE (3) CONSECUTIVE FULL TERMS AND PROVIDING THAT SUCH
TERM LIMITS SHALL BE APPLIED RETROACTIVELY TO SITTING CITY
COUNCIL MEMBERS; 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.
d. ORDINANCE 28, 2017-0NE TERM SIT OUT. 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 .
e . ORDINANCE 29, 2017 -ESTABLISHING PLURALITY VOTE . 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 COUNCIL MEMBERS SHALL BE ELECTED BY PLURALITY RATHER
THAN BY MAJORITY; 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
VOT ED UPON AT SUCH ELECTION; PROVIDING A CONFLICTS CLAUSE , A
SEVERABILITY CLAUSE, AND AUTHORITY TO CODIFY; PROVIDING AN
EFFECTIVE DATE; AND FOR OTHER PURPOSES.
f. ORDINANCE 32, 2017 -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;
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 .
VI. ADJOURNMENT
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 jive (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).