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O83-54 ORDINANCE NO. AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH~ FLORIDA, PROPOSING THAT A REFERENDUM ELECTION BE HELD TO AMEND THE CHARTER OF THE CITY, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 61-1889, SPECIAL LAWS OF FLORIDA, AS ~4ENDED, TO PROVIDE THAT IF APPROVED BY THE ELECTORS, THE ABOVE REFERENCED CHARTER SHALL BE ~NDED AS FOLLOWS: BY ~ENDING SECTION 17 OF SAID CHARTER TO REDUCE THE NUMBER OF DISTRICTS WITHIN THE CITY FROM FIVE (5) TO FOUR (4) AND BY PROVIDING THAT THE MAYOR BE ELECTED AT LARGE; BY ~[ENDING SECTION 53 OF SAID CHARTER TO PROVIDE THAT THE VICE MAYOR SHALL BE ELECTED BY A VOTE OF THE MAYOR AND COUNCIL AND BY FURTHER PROVIDING PROCEDURES FOR FILLING VACANCIES IN THE OFFICES OF ~YOR AND VICE MAYOR; PROVIDING A BALLOT TITLE; PROVIDING THE OFFICIAL SUBSTANCE OF THE AMENDMENT TO BE PLACED ON THE BALLOT; DIRECTING THE CITY CLERK TO SUBMIT A CERTIFIED COPY OF THE ORDINANCE TO THE SiUPERVISOR OF ELECTIONS~ PROVIDING AN EFFECTIVE DATE, A CONFLICTS CLAUSE, AND A SEVERABILITY CLAUSE; AND FOR OTHER PURPOSES. NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON ~EACH, FLORIDA, THAT: Section 1: That should Ordinance No. 83- ~ be approved by the voters in March of 1984, then the City Council proposes an amendment to Chapter 61-1889, more commonly known as the Charter of the City of Boynton Beach, Florida, by amending Article II. City Council, Section 17. Composition, election, terms, vacancies, to read as follows: Section 17. Composition, election, terms, vacancies. The City Council shall consist of ~e-~ four (4) City Council Members and the Mayor. ~%e= Each City Council Member shall have qualified in a different district from the other and each shall be elected by a city-wide vote. In order to qualify in one of the ~e-~ four (4) districts, a candidate must reside within the boundaries of said district. The Mayor of the City of Boynton Beach may reside in any of the below-referenced districts and shall be elected by a city-wide vote. The boundary for each of the ~e-~ four (4) districts shall be as follows: See Attached Exhibit A --1-- Said districts shall be reapportioned on the basis of population in 1990 using the census information of the 1990 Official Florida State and Federal Census and each ten (10) years thereafter on the basis of the then completed census. p~~-e~-~h~-~ee~e~-~-~98~v--~M ~e~e~-Mem~e~s-~ha~-~a~-~-B~e~ These regulations as to redistricting the City in~o four (4) districts shall take effect ten (10) days after passage of this Ordinance by vote of the electors at the March, 1984 election. All Council Members elected pursuant to the previous five (5) district format shall continue to hold office for their full two (2) year terms as elected. Elections for Council Members from the new districts one (I) and three (Iii) shall be held in March of 1.985. Elections for Council Members from the new districts two (II) and four (IV) shall be held in March of 1986. The election of the Mayor at large shall be held in March of 1985. Section 2: Should Ordinance No. 83'- be approved by the voters in March of 1984, then the City Council proposes an amendment to Chapter 61-1889, more commonly known as the Charter of the City of Boynton Beach, Florida, by amending Article IV. Administration, Section 53. Mayor, Vice Mayor; election, procedure, to read as follows: Section 53. Mayor, Vice Mayor; election, procedure. 8~e-yea~= At the first meeting of the City Council on the last Thursday in March immediately following an election, the Vice Mayor of the City shall be selected by a vote of the Mayor and Council. The Vice Mayor of the City shall serve in such capacity for a period of one year until the next general election of a member of the Council. In the event of a vacancy in the -2- shall office of Mayor, the vice ~ax°r automat~cally~ assume the duties of said office, ana-e°mp~eee-%he-%e~m-°~-%he be al of ed ral be be rot the ffice of of a --- City council May~or, the shall be filled by the councml mn the manner herein otherwise ~rovided, ' - and a suoces~o.r=~i~ Mayor shall D~=~leuu= Section 3: That the official ballot title of said Referendum as required by Section 101.161, Florida Statutes, shall read as follows: CHARTER AMENDMENT ESTABLISHING NEW ELECTION DISTRICTS WITH ~AYOR ELECTED AT LARGE. Section A: That the official substance of the amend- ment to be placed on the ballot in said Referendum as required by Section 101.161, Florida Statutes, shall read as follows: Are you in favor of an amendment to the City Charter as follows': Redividing the City into four (4) election districts with the Mayor elected at large; providing procedures and guide- lines for filling vacancies on the Council; providing that the vice Mayor be elected by the Council. No Yes Section 5: That the City Clerk is hereby instructed to immediately submit a certified copy of this ordinance to the Supervisor of Elections for Palm Beach County in order that sai Referendum may be placed on the ballot for March of 1984, and that said City Clerk is further required to take all action necessary to see that said Referendum is placed on the ballot at the time of the municipal election. -3- .has Ordinance shall become / ten after said Ordinance has effective days I/ ~f the electors _~ Passed been /elect~on · . ur the City voting in the a majority Referendum ~: That all ordinances or Parts of ordinances in Conflict herewith are hereby repealed. ~: That should any section or Provision of this Ordinance or a Portion thereof be declared by a COurt of COmpetent jurisdiction to be invalid, SUch decision shall not effect the remainder of this Ordinance. FIRST READING this ,~, 1984.~ day SECOND, FINAL READING and PASSAGE this ~ day of~, 1984. ATTEST: CITY OF BOYNTON BEACH, FLORIDA IL MEMBER (Seal) -4- EXHIBIT "A" District No. 1 Bounded on the north by the south boundary of District No. 3. Bounded on the east by Federal Highway and the City's corporate limits. Bounded on the sou~ and west by the City s south and west corporate-limits. , Ail boundaries described to the centerline of the road Intracoastal Waterway or E4 Canal. , District No.. 2 Bounded on the no~th and east by the south boundary of District No. 4 and t:he F.E.C. Railroad. Bounded on the south by a line beginning at F.E.~C. Railroad and S. E. 2nd Ave. Thence west on S. E. 2nd Ave. to the Seaboard Railroad; thence north on the Seaboard Railroad to S. W. Ocean Drive: thence west on S. W. Ocean Drive to S. W. 8th St.; thence north on S. W. 8th Street to West Boynton Beach Boulevard; thence west on Boynton Beach Boulevard to t.he City's west corporate limits. Bounded on the west by the City's west corporate limits ~istrict No~ 3 ' Bounded on the north by the south boundary of District No. 2. Bounded on the east by a line beginni'ng at the F.E.C. Railroad and S. E. 2nd Ave. Thence south on the F.E.Co Railroad ~o Woolbright Road; thence east on Woolbright Road to the Intra- coastal Waterway; thence south on the Intracoastal Waterway to the City's south corporate limits~ including all City corporate limits that are east of tile Intracoastal Waterway. Bounded on the south by a line beginning at the City's so corporate limits and the ]ntracoastal Wa~ ........ · uth along the City's south coz - . . -~v~"~3- ~nence ' - porate lmm~ts to Fede~=~ .... wes? (U. S. 1). Thence north cn Federal Highway to S.~E.~mgnwaY23rd Ave.; thence west on S. E. 23rd Ave. to the L.W.D.D. E4 Canal; the~lce north on the E4 Canal no WDolbright Road; thence west on Wool- bright Road to the City's Bounded on the west by the ~istrict No.~4 Bounded on the north by th~ ~est corporate limits. City's wes~ corporate limits. City,s north corporate limits. Bounded on the east by the Intracoastal Waterway (centerline). Bounded on the south by a line beginning at the Intracoastal rway and Woolbright Roa~ (S~ E. 15th Ave.['; thence running west along the centerline of Woolbright Road to the Railroad. hence north along the F.E.(~. Railroad to N. E 15th Ave thence west on N. E. 15th A~e~ to N. E. 4th Court, thence~ ~n ~16th Ave~ .4~hto NC?UrtE. 3rdt° N.Cour~.E~ 16th Ave.: then'ce west on N north to Circle Dr~ ....... ; thence nor~ ~ ~ _ Dr~ ~ .... ~ ~¥~ ~outn (Four Sea .' ~ ~ ~. E. 3rd Cour ,.~-f~ ~uu~ Eo Circle Dri~ ~Su~), thence west on C' t 3rd Cx-- ~' E.' 17th ~ve.: thence w ~ nce no~th~ ~n Circle Drive ~ uur~; thence no~ _ _ e~. on N. E. l/th n Lnence west ..... ~u~ on N. E. 3rd Co ...... - ~. to N. E ~i ~' ~c ~ay to N E 20t~ -' ..... E. let Way~ thence ~_v~j. Ave.[ t~en~ ~ay[ thence north on N ' ~l~S~ on N. E. 20th Ave limits west on N. E. 2~nd Ave t~ t~ ~ ~o N~ E. 22nd ' ! ' *~ ~±~y s west corporate / Bounded on the west by the City's west corporate limits. railroad, MEMORANDUM TO: FROM: DATE: RE: Mayor and City Council City Attorney March 20, 1984 Ordinance #83-54 (Redistricting) Pursuant to an~informal request with.respect to the above reference~ Ordinance and the method for choosing Vice MayOr and whether or not the new method for choosing a new Vi~eMayor incorporated in said Ordinance-'would apPly in 1984: Please be advised that it is my opinion that it is the clear intent of the~above referenced Ordinance to implement a' new method for choosing a Vice,Mayor, i.e.' bY vote of the Council in 1985 at such time as .the first electiOns'involving four (4) Councilmen and a Mayo= elected ~at large take place. Section 1 of the Ordinance approved, by the voters, in the referendu~ election clearly provides that the new districting format for Councilmen and Ma~p~_.at large will apply in 1985, and the method for electin~ a Vice Mayor is intended to be implemented at that time. ~V/McD V CE ~4 1