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76-CCC RESOLUTION NO. 76-CCC A RESOLUTION OF THE CITY OF BOYNTON BEACH, FLORIDA, CANVASSING AND CERTIFYING RESULTS OF SPECIAL RE~ERENDUM ELECTION HELD IN SAID CITY ON SEPTEMBER 7, 1976. WHEREAS, the City Council of the City of Boynton Beach, Florida, by ordinance duly and regularly adopted at its meeting held on the 4ih day of August, 1976, did call a special election to be held on the 7th day of September, 1976, for the purpose of submitting to the qualified electors re- siding within the City, for their approval oi~disapproval of certain~.roposition as specified in Ordinance No. 76-32, and said Ordinance having further pro- vided and did direct that notice of said election be given by publication in accordance with [aw; and WI-IEREAS, due and regular notice of said bond election has been published in the Boynton Beach News Journal, a newspaper of general circu- lation in Boynton Beach, Florida, said publication having been made once week for four (4) consecutive weeks, with the first publication thereof being not less than thirty days prior to the date of said special election, to-wit: September 7, 1976; and WHEREAS, pursuant to the aforesaid Ordinance calling said election and in accordance with [aw, the question in said Ordinance stated was submit- ted to the qualified electors residing in said City for participation in the election on the date specified in said Ordinance, to-wit: September 7, 1976; and WHEREAS, it appears that the List of qualified electors who voted at such election have been returned to this Council by the Palm Beach County Supervisor of Elections, together with the returns, hereinafter mentioned; and WHEREAS, it appears that said election has been duly and properly held in accordance with law and that the votes cast thereat have been returned delivered and canvassed, and that the returns of said election have been de- livered to this Council for the purpose of canvassing said election returns and determining and certifying the results thereof; NOW, THEREFORE, BE IT RESOLVED, DETERMINED, FOUND, DECLARED AND HEREBY CERTIFIED by the City Council of the City of Boynton Beach, Florida, at a meeting of said City Council, duly and regularly held, at which the said official returns of said election have been duly and regularly canvassed according lo [aw, as follows, that: Section 1: Proposition No. i submitted to such electors at such special referendum election held on September 7, 1976, was as follows: "Should an Ordinance b8 adopted, effective immediately, amending Section 138 and Section 139 of the Charter of the City of Boynton Beach, Fi~rida, to eliminate munici- pal primary elections ?" The iota[ number of votes cast at such election by said qualified electors in favor of .the aforesaid~roposition was 1,193. The total number of votes cast in such election by said qualified electors against'said~roposition was 2, 651. .S. ection 2: Proposition No. 2 submitted to such electors at such special referendum election held on September 7, 1976, was as follows: "Should an Ordinance be adopted, to become effective immedi- ate[y, amending Section 15 and Section 141 of the Charter of the City of Boynton Beach, Florida, changing the regular muni- cipi~[~:election date from the first Tuesday in December each year to the second Tuesday in March of each year and altering the commencement date of the terms of Councilmen from the first Monday in January fo[lowing their election or on the first working day following the first Monday in January to the first Monday in April following their election or on the first working day following the first Monday in April, with terms of Comnci[ Me~nbers who are presently serving being extended until their successors are elected and qualified under the provisions of the Charter ? (If this Proposition is approved and Proposition No. 1 is rejected, nominations for the offices of Mayor end/or Council Members shall be by primary election held two weeks prior to the second Tuesday in March each year and as other- ivise provided in the existing Charier. )" The iota[ number of votes cast at such election by said qualified electors in favor of the aforesi{id Proposition was 1,253. The total number of votes cast in such election by said qualified electors against said Proposition was 2, 645. Section 3: Proposition No. 3 submitted to such electors at such special referendum election held on September 7, 1976, was as follows: "Should an Ordinance be adopted amending Section 53 of the Charier of the City of Boynton Beach, Florida, eslab- [ishing an independent eleclion for the office of Mayor to serve for a three (3) year term, limiting the number of successive lerms which a person may serve as Mayor to two (2) such terms, and providing that the Councilman re- ceiving lhe highesl number of voles in each general election shall be designated as Vice Mayor, to serve in such capacity -- for one year, all beginning with the municipal election of 1978 ?" The total number of voles cast at such election by said qualified electors in favor of the aforesaid Proposition was l, 327. The iota[ number votes cast in such election by said qualified e[eclors against said Prot was 2, 568. Section 4: Proposition No. 4 submitted lo such electors at such special referendum election held on September 7, 1976, was as follows: "Should an Ordinance be adopted amending Section 50 of the Charter of the City of Boynton Beach, Florida, eliminating any restriction on the number of successive terms a person may serve in the office of City Councilman, beginning with lhe municipal election of 1978.?" The tolal number of votes cast at such election by said qualified electors in favor of the aforesaid Proposition was 1,110. The iota[ number of votes cast in such election by said qualified electors against said Proposition was 2, 775. Section 5: Proposition No. 5 submitted to such electors at such special referendum election held on September 7, 1976, was as follows: "Should an Ordinance be adopted, effective immediate[y, amending Section 72.4(a) of the Charier of the City of Boynton Beach, Florida, establishing staggered terms of lhree (3) years for each of lhe lwo members of lhe Civil Service Board who are appointed by the City Council, two (2) years for each of lhe two members of said Board who are e[ecled at large by the City employees, and one (1) year for the member of said Board who is named by lhe olher members thereof?" The iota[ number of votes casl at such election by said qualified electors in favor 6f the aforesaid Proposition was 1,453. The iota[ number of votes cast in such e[eclion by said qualified electors againsl said Proposition was 2,431. 3 Section 6: Proposition No. 6 submitted to such electors at such specia! referendum election held on September 7, 1976, was as follows: "Shah the City of Boynton Beach, Florida, immediately pro- ceed to obtain cost estimates for the construction of a munici- pal auditorium with an approximate seating capacity of 2, 500 on City-owned property located on South Congress Avenue near ~Vest ~Vinds Golf and Racquet Club, formerly known as Charter ~Vor[d, subject to final approval or rejection of such construction by the voters at a subsequent City-wide referendumP" The total number of votes cast at such election by said qualified electors in favor of the aforesaid Proposition was 1,191. The total number of votes cast in such election by sa~ qualified electors against said Proposition was 2, 788. Section 7: A majority of the votes cast in such special election by the qualified electors disapproved Proposition No. 1 through Proposition No. 6, inclusive, as described above. Section 8: Said election was in all respects conducted in accordance with law, and that all steps in connection with and preceding such election have been duly, regularly and lawfully taken and had, and that all provisions of the Statutes and Constitution of the State of Florida have been duly complied with. Section 9: :~T~he-a£ores~id returns shall be entered and recorded in the minutes of the City Council and the City Clerk is hereby authorized and directed to forward a certified copy of this Resolution certifying the results of said special referendum election to the Depa~trnent of State, Ta[[ahassee, Florida. 1976. PASSED AND ADOPTED this ~/~ day of .~~.~ 4 CITY OF BOYNTON BEACH, FLORIDA ATTEST: City C[e r~k f 5