Loading...
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. 12 13 14 (The remainder of this page intentionally left blank) 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 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 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. Page 4 of7 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. Page 5 of 7 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 Page 7 of 7 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 23 (The remainder of this page intentionally left blank) 24 25 26 27 28 29 30 31 32 33 34 35 36 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 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 ~- G :\attorney_share\ORDINANCES\2017\2017 Chart Amend-Ords 26-29\0rd 27 2017-Charter Rev-Quest 2-Tenn Limits-Opt #1 .docx Page 4 of 4 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 39 40 4 1 42 43 44 45 46 Pag e 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 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 G :\attomey_share\ORDINANCES\2017\2017 Chart Amend-Ords 26-29\0rd 27 2017-Charter Rev-Quest 2-Term Limits-Opt #2 .docx 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 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:\attorney_share\ORDINANCES\2017\2017 Chart Amend-Ords 26-29\0rd 28 2017-Charter Rev-Quest 3-s it out 3 yrs.docx 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 Page 2 of 4 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. 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 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 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 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).