O95-26ORDINANCE NO. ~95-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO
REFERENDUM AN AMENDMENT TO SECTION 50 OF THE
CITY CHARTER ENTITLED TERMS OF ELECTIVE
OFFICES; LIMITING THE TERM OF ALL ELECTIVE
OFFICES TO TWO (2) THREE (3) YEAR TERMS;
PROVIDING FOR FORM OF QUESTION TO BE PRESENTED
AT THE REFERENDUM ELECTION; PROVIDING FOR
TITLE LANGUAGE AND EXPLANATORY LANGUAGE FOR
THE BALLOT; PROVIDING FOR NOTICE OF
ADVERTISEMENT OF SAID REFERENDUM ELECTION TO
BE PUBLISHED IN ACCORDANCE WITH THE CODE OF
ORDINANCES, THE CHARTER OF THE CITY OF BOYNTON
BEACH, AND THE STATE OF FLORIDA ELECTION
CODE;PROVIDING FOR SUBMISSION OF AMENDMENTS TO
THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTS, SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach,
Florida has determined that it is in the best interest of the
citizens of the City to submit to the electorate a referendum
question which, if passed, would ha~e the effect of changing the
terms of elected officials from two (2) two (2) year terms to two
(2) three (3) year terms, thereby creating better stability and
continuity of the leadership of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing whereas clause is true and
correct and is now ratified and confirmed by the City Commission.
Section 2. That Section 50 of the City Charter of the City
of Boynton Beach shall be amended to read as follows:
Sec. 50. TERMS OF ELECTIVE OFFICES.
(a). Ail elective offices shall be for the term of
Lwu (2)i~i~iiii!!i~l!l years and no person shall be eligible
to hold any elective office for more than two (2)
consecutive terms. For purposes of this section,
elective office shall include both mayor and commission
member.
(b)
CODING:
5/30/95
900182.BB
ORD/TERM.2-3
The resignation from, or forfeiture of, an
Words mn ~Lzuuk tl~zougl, type are deletion from
existing law;
Words in underscored type are additions.
Page 1 of 3
elective office during any part of a Lwo (2) ~!~ii!iil~i~i
year elective term shall be deemed to constitute a full
and complete term under the provisions of this section.
Section 3. The amendment of Section 50 of the City Charter
of the City of Boynton Beach shall not take effect unless and until
the proposed amendment is submitted to the vote of the electors of
the City of Boynton Beach at the November, 1996, general election
by separate ballot question.
Section 4. The title of the ballot and explanatory
statement setting forth the substance of the proposed Charter
Amendment shall appear on the ballot and shall read as follows:
(TITLE)
AN AMENDMENT TO CITY CHARTER SECTION 50, TERMS
OF ELECTIVE OFFICES
(EXPLANATORY STATEMENT)
THIS AMENDMENT OF THE CITY CHARTER WOULD
CHANGE THE TERM OF OFFICE FOR AN ELECTED
OFFICIAL FROM TWO (2) YEARS TO THREE (3)
YEARS. THE CURRENT TWO TERM LIMITATION WOULD
NOT BE EFFECTED OR CHANGED.
SHOULD SECTION 50 OF THE CHARTER BE AMENDED AS
PROPOSED?
YES NO
Section 5. The City Clerk of the City of Boynton Beach,
Florida is hereby authorized and directed to advertise the
referendum election contemplated herein in accordance with the Code
of Ordinances of the City of Boynt°n Beach, the City Charter of the
City of Boynton Beach, and the State of Florida Election Code.
Section 6. All Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith shall and
the same are hereby repealed to the extent of such conflict only
upon passage of the referendum.
Section 7. If any clause, section or other part of this
Ordinance shall be held by any court of competent jurisdiction to
be unconstitutional or invalid, such unconstitutional or invalid
CODING:
5/30/95
900t82.BB
ORD/TERM.2-3
Words in ~Lzuck LlCmuuyh type are deletion from
existing law;
Words in underscored type are additions.
Page 2 of 3
part shall be considered as eliminated and not effecting the
validity of the remaining portions of the Ordinance and its
application shall remain in full force and effect.
Section 8. This Ordinance shall become effective only upon
passage of the referendum question at the November, 1996 election.
FIRST READING this ~ day of ~/~- , 1995.
SECOND, FINAL READING and PASSAGE this ~- day of
~/~-~z ~ , 1995.
ATTEST:
CI~ CLERK
(CORPORATE SEAL)
CITY OF BOY,TON BEACH~ FLORIDA
s si~n~r /
CODING:
5/30/95
900182 .BB
ORD/TERM. 2~3
Words in ~zuuk ~hzuuul~ type are deletion from
existing law;
Words in Underscored type are additions.
Page 3 of 3