02-036 ORDINANCE NO. 02- ~ 3 ~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
SUBMITTING TO REFERENDUM AN AMENDMENT TO THE
CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE I,
SECTION 17, ENTITLED "COMPOSITION, ELECTION, TERMS,
VACANCIES." TO PROVIDE THAT CITY COMMISSION
CANDIDATES SHALL RESIDE WITHIN THE DISTRICT THEY SEEK
TO REPRESENT FOR A PERIOD OF NOT LESS THAN ONE YEAR
PRIOR TO FILING FOR OFFICE; PROVIDING FOR A NOTICE OF
AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE
PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA
ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN
ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED
ELECTORS OF THE CITY OF BOYNTON BEACH, AT THE
NOVEMBER 2002 ELECTION AND IT SHOULD BECOME
EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR
CONFLICTS; SEVERABILITY; INCLUSION IN THE CHARTER; AND
AN EFFECTIVE DATE.
WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of
Charter amendments in Florida; and
WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an
amendment may be submitted to a referendum vote by the City Commission of the City of
Boynton Beach, Florida, in an ordinance format; and
WHEREAS, the Commission has recommended modifications to Article I, Section 17
:ntitled "Composition, election, terms, vacancies," of the City Charter; and
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~eetion 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being tree and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
~ Article I, Section 17, entitled "Composition, election, terms, vacancies",
Subsection (a) of the Charter of the City of Boynton Beach is hereby amended to read as
Sec. 17. Composition, election, terms, vacancies.
(b) There shall be a City Commission of four (4) members elected from each of
the four (4) election districts within the City. Each Commission Member and ca~ididatcs for
,~.,-,,,,.,~u...c,.u~,. nu.. ~.~ ,~,,~,~.~. ~u~ct shall reside in the election district from
which said Commission Member is elected. A candidate for a Commission district seat must
reside: for a period of not le~qs than one {1) year prior to filing for election~ in the district from
which the candidate .qeeks election_ Voters shall vote for only one (1) candidate in each
election district in which the voter resides.
Section .~. The ballot title and the explanatory statement of the amendment,
followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general
election in November 2002 for consideration by the qualified electors of the City of Boynton
Beach, Florida:
Title
ONE YEAR RESIDENCY REQUIREMENT WITHIN DISTRICT
FOR COMMISSION CANDIDATES PRIOR TO FILING FOR
DISTRICT OFFICE
Explanatory Statement
The Charter does not currently require a candidate for a district commission
seat to reside in the district from which he/she seeks election prior to election
day. A "yes" vote to the proposed amendment would require that a candidate
for a district commission seat reside in the district to which he/she seeks
election one year prior to filing for office.
YES [] NO []
Section 4. Advertisement. The City Clerk of the City of Boynton Beach is hereby
mthorized and directed to advertise thc referendum election contemplated herein all in
accordance with the State of Florida Election Code.
Section _~. ~ It is the intention of the City Commission of the City of
Boynton Beach that thc provisions of this Ordinance shall become and be made a part of thc
Charter of thc City of Boynton Beach, Florida Charter if adopted by the City elections.
Seetlon 6, Severahility. 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
~eetinn g. Effective Date of Ordinance This Ordinance shall take effect
immediately upon its adoption.
~ Effective Date of Prnno,~ed Charter Amendments. The Proposed
Charter Amendments will take effect upon the affirmative vote of a majority of those electors
voting in the November 2002 election in the City of Boynton Beach.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE .CITY OF
~OYNTO~BEACH, FLORIDA, ON THE FIRST READING, THIS ~ ~ DAY OF
2002.
SECOND, FINAL READING AND PASSAGE this ~o DAY OF ~ctffr' ,
2002.
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
[TTEST:
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