02-043 ORDINANCE NO. 02-~ ~/"~
AN ORDINANCE OF THE CITY OF BOYNTON BEACH,
FLORIDA, SUBMITTING TO REFERENDUM AMENDMENTS
TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT
VARIOUS ARTICLES AND SECTIONS IN ORDER TO DELETE
OBSOLETE OR PRE-EMPTED PROVISIONS OF THE
CHARTER AND TO CONSOLIDATE AND REORGANIZE
EXISTING PROVISIONS; 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, Flor/da 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, Flor/da, in an ordinance format; and
WHEREAS, the Commission has recommended the deletion of pre-empted or obsolete
Charter provisions and the consolidation and reorganization of existing provisions of the City
Charter;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
~eetion l. 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.
~. The following Charter Sections are hereby deleted in their entirety:
Section 6A, 12, 16, 19, 20, 20.1, 23, 27, 31, 32, 35, 37, 52, 56, 62, 66, 68, 72, 72.1,
72.9, 72.10, 72.11, 72.13, 73, 74, 75, 76, 77, and 84.
,~ction 3. The Charter is hereby amended to read as follows:
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19, 2002
ISec. 17. Composition, election, terms, vacancies.
[(a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the
y of tqoynton tqe~mh and have resided within the City for a period of not less than one (1)
[year prior to filing for office, 0nd who shall have attained the age of twenty-one (21 ) years on or
Ibefore the date the candidate files and totalities for office, The Mayor of the City of Boynton
IBeach may reside in any of the four (4) election districts and shall be elected by a city-wide
vote. (b) There shall be a City Commission of four (4) members elected fi.om each of the
four (4) election districts within the City and a Mayor who is elecied by a City-wide vote. Each
City Commissioner Member and candidates for City Commissioner Me~iibe~- fi.om said election
shall reside in the election district fi.om which said City Commissioner tVfm'nber is
Voters shall vote for only one (1) candidate in each election district in which the voter
(c) Qualifications for City Commissioners Mcmbei-. Only qualified electors who
have resided in the City of Boynton beach for at least one (1) year immediately prior to the
election and who shall have attained the age of twenty-one (21) years on or before the date
the candidate files and qualifies as a candidate for office shall be eligible to hold the office of
City Commissioner. Each Commission member and candidates for Commission Member
shall be elected from the election district in which he resides-, subject to the 35% rule and
runoff procedures set forth in Section 139 of the City Charter. Once elected, a Commission
Member fi.om an election district shall remain a resident of the election district and the City
of Boynton Beach during his term of office or shall forfeit his/her office.
(d) The failure of a City Commissioner member to continue to reside within the
district fi.om which elected, or the Mayor within the City, shall cause said City Commissioner
niei~ibcr o_r_M2tyar to automatically forfeit his/her office. The tender of a resignation fi.om any
elective office shall immediately create a vacancy in that office. Upon automatic forfeiture or
tender of any resignation, the remaining members of the City Commission shall declare the
~ffice vacant and proceed to fill the vacancy as herein otherwise provided, so long as the
tual selected to fill the vacancy has resided in the same district fi.om which the original
resided for a period of not less than one (1) year. The ........~y~,~ of thc ,~.~'~'~--~y ~,~
(e) Any member of l'he City Commission who ceases to possess the qnalificm]ons
(f')-X'rr) Commencing with the regular City election in March 2001, candidates for City
shall file with the City Clerk a written notice of candidacy, which notice shall
which of the four (4) Commission districts of the City Commission the candidates
to fill.
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19, 2002
(g)-¢l:) Geographic boundaries for each voting district are established pursuant to I
Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall
be designated, prepared and identified not later than the first day of January, 2002, and every
four (4) years thereafter by contract to the City of Boynton Beach with a four (4) year college or
university or educational research institution located within the State of Florida to be selected
by the City Commission of the City of Boynton Beach, Florida. The election districts shall be
of equal population, compact, proportional and logically related to the natural internal
boundaries of the neighborhoods within the City. The principal of non-discrimination and one
man/one vote shall be adhered to strictly. In the event no candidate qualifies for election for
any designated election district seats, then a special qualifying period shall be opened for five
(5) calendar days after the close of the regular qualifying period any anyone fi:om anywhere
within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a
vacancy shall be declared and filled in accordance with this Charter.
Sec. 22. Frequency, date of regular meetings :SIleciakmeetings:. rule~ of nmeednre.
The cotli:~cil Ccm~rnis~qion shall hold its meeting as often as twice each month, or it may
hold more than two (2) regular meetings each month if prescribed by resolution. Should any
scheduled City Commission meeting fall upon a date on which any national, state, county or
municipal election is held, said City Commission meeting should be deferred until the next
regular working day.
The Mayor, or m~y l'hree members oflhe City Commi~q~qion may cml special lneetings of
the City Commission upon written notice to each member served personally ~r left at the usual
Iplace 05' residence. All regular and ~qnec'ial meetings of'the City Commission shall he open to
Il. he nnhlic. The Citv C{mncil shall determine its own rules and order of business.
Sec. 59. Same-Compensation.
The City Commission may, from time to time, by ~:esolafion, fix the regular
,ensation of the City Attorney at a sum commensurate with the duties which may be
imposed upon him by this charter and by the Commission; provided, that all special or unusual
required of the City Attorney, the fee for which is not otherwise prescribed ii: ~d~is
be specially compensated as the Commission may see fit to provide.
142. Registration officer and registration.
The City Clerk shall be the registration office of the City and said clerk, or his/her duly
deputies, shall register all persons applying to Nm/he.~ whose names are not already
~on the registration book applicable to the City and who are qualified as electors under
Constitution and laws of the State of Florida. For this purpose such registration shall be
~,ULII lull
tg normal business hours or at such other times as designated by the City '~
the office o£the City Clerk or at such other places within the City limits when
Page 3 of 5
19, 2002
duly designated by the CityCoui.tcil Comrn,ss~ou; c~clvt umt sm-tie ~n,m ~.,u~cu ,u, tu, ~y
.............. ~ ..... ~':' ' -'- ':-" Registrations shall be upon forms provided by the
IlVC [~l-O] Ucly$ t~Cl.UtC ~l. ty ~.~lty
SuperviSor of Elections of Palm Beach County, Florida.
I 8eetinn 4. Sections 50, 51, 53 and 54 of the Charter shall be moved to Article II
entitled "City Council/Commission" and shall be renumbered accordingly in logical sequence
with existing sections.
geetinn _~. Anywhere in the Charter where the words "City Council" appear, shall
City Commission.
~eetion 6. 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
DELETE OBSOLETE OR PREEMPTED PROVISIONS OF CHARTER AND
CONSOLIDATE AND REORGANIZE/RENUMBER CHARTER PROVISIONS.
Explanatory Statement
The Charter currently contains provision which are obsolete or which have been
preempted by state law. Other sections of the Charter would be more easily understood
if amended or consolidated with other sections dealing with the same subject.
A "yes" vote to the proposed amendment would delete obsolete provisions and
consolidate and renumber other provisions.
YES [] NO []
~eetinn 7. Adverti,qement. The City Clerk of the City of Boynton Beach is hereby
and directed to advertise the referendum election contemplated herein all in
.. with the State of Florida Election Code.
geetion 8. Codification. It is the intention of the City Commission of the City of
Beach that the provisions of this Ordinance shall become and be made a part of the
of the City of Boynton Beach, Florida Charter if adopted by the City elections.
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a
22, 2002
,qeetion O. Severahilitv. 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 part shall be considered as eliminated and in no way effecting the
validity of the other provisions of this Ordinance.
~qeetinn 10. Conflict.q. All Ordinances or parts of Ordinances, Resolutions, or
parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of
such conflict.
~eetion 11. Effective Date of Ordinance. This Ordinance shall take effect
immediately upon its adoption.
S.f, fJJflfl.-[~ Effective Date of Pro,nosed 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 T~I~.~CITY OF
~IOY1NT(~? BEACH, FLOmDA, ON THE FIRST READING, THIS 6'""-DAY OF
~ cST, 2002.
SECOND, FINAL READING AND PASSAGE this ~O DAY OF ~.t~att_qT ,
2002.
CITY OF,._.OYNTON. tl~EA~H, FL?RIDA
Vice Mayor
~r
Commissioner [o. ~~.~~ ~..~
I~TTEST:
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