O91-47ORDINANCE NO. 091-~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
SUBMITTING TO REFERENDUM AN AMENDMENT TO
SECTION 17 OF THE CITY CHARTER ENTITLED
"COMPOSITION, ELECTION, TERMS,
VACANCIES." TO PROVIDE FOR A ONE (1)
YEAR RESIDENCY REQUIREMENT FOR
CANDIDATES OR APPOINTEES TO THE OFFICE
OF CITY COMMISSION MEMBER OR MAYOR;
PROVIDING FOR FORM OF A QUESTION TO BE
PRESENTED AT THE REFERENDUM ELECTION;
PROVIDING FOR EXPLANATORY LANGUAGE FOR
THE REFERENDUM; PROVIDING FOR NOTICE OF
ADVERTISEMENT TO SAID REFERENDUM
ELECTION TO BE PUBLISHED IN ACCORDANCE
WITH THE CODE OF ORDINANCES AND THE
CHARTER OF THE CITY OF BOYNTON BEACH,
FLORIDA, AND THE STATE OF FLORIDA
ELECTION CODE; PROVIDING FOR CONFLICTS;
PROVIDING FOR SEVERABILITY; PROVIDING
FOR AN EFFECTIVE DATE.
WHERMAS, the City Commission of the City of Boynton
Florida has determined that it is in the best
.nterests of the citizens of the City to require a one year
~esidence requirement for candidates or appointees to the
~ffice of City Commission or Mayor.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
CITY OF BOYNTON BEACH, FLORIDA~ THAT
Section 1.
That the foregoing WHEREAS clause is true
~nd correct and is now hereby ratified and confirmed by the
2ity Commission.
Section 2. That Section 17 of the City Charter of
~he City of Boynton Beach, Florida shall be amended to Cead
~s follows:
Sec. 17. Composition, election, terms,
vacancies.
The City Commission shall consist
of four (4) City Commission Members and
the Mayor. Each City Commission 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 as a candidate for the office of
Mayor a candidate must have resided
within the city for a period of not less
than one year prior to filing for office.
In order to qualify as a candidate for
the office of City Commission member in
one --of --the--four--%4~ --districts7 a
candidate must reside within the
boundaries of said district for a period
of not less than sixty-~68~-~ays one (1)
year prior to filing for office. The
failure of a City Commission Member to
continue to reside within the district
from which elected shall cause said
Commission Member to automatically
forfeit his/her office. The tender of a
resignation from any elective office
shall immediately create a vacancy in
that office. Upon automatic forfeiture
or the tender of any resignation, the
remaining members of the City Commission
shall declare the office vacant and
proceed to fill the vacancy as herein
otherwise provided, so long as the
individual selected to fill the vacancy
has resided resides in the same district
from which the original Commission Member
resided for a period of not less than one
(1) year. 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.
Section 3.
The amendment of Section 17 of the City
harter are set forth in Section 2 hereof, shall be
~ubmitted to the vote of the electors of the City of Boynton
~each, Florida at the March 10, 1992 General Election. A
separate ballot question shall be set forth.
Section 4. The title of the ballot and the
~xplanatory statement setting forth the substance of the
~mendment shall appear on the ballot and shall read as
~ollows:
AN AMENDMENT TO CITY CHARTER PROVIDING A
ONE YEAR RESIDENCY REQUIREMENT FOR
HOLDING ELECTED OFFICE.
SECTION 17 OF THE CITY CHARTER CURRENTLY
PROVIDES FOR A SIXTY (60) DAY RESIDENCY
REQUIREMENT FOR MEMBERS OF THE CITY
COMMISSION. IT IS PROPOSED THAT THE
RESIDENCY REQUIREMENT BE FOR A PERIOD OF
NOT LESS THAN ONE (1) YEAR AND BE
APPLICABLE TO CANDIDATES FOR ELECTIONS
AND APPOINTMENTS TO THE OFFICE OF CITY
COMMISSION MEMBER OR MAYOR.
YES
NO
Section 5. The City Clerk of the City of Boynton
each, Florida is hereby authorized and directed to
advertise the referendum election contemplated herein in
accordance with the Code of Ordinances of the City of
Boynton Beach, Florida as well as the State of Florida
Election Code.
Section 6. Ail ordinances or parties of Ordinances,
resolutions or parts of resolutions in conflict herewith be
the same are hereby repealed to the extent of such
~onflict only upon passage on referendum.
Section 7. If any clause, section, or other part of
~pplication of this Ordinance shall be held by any court of
:ompetent jurisdiction to be unconstitutional or invalid,
~uch unconstitutional or invalid part of application shall
)e considered as eliminated and so not effecting the
zalidity of the remaining portions or applications remaining
Ln full force and effect.
Section 8. This ordinance shall become effective
)nly upon passage at the March 12, 1992 General Election.
FIRST READING this /~ day of %~'~/u'~ ,
.991.
SECOND, FINAL READING and PASSAGE this
__day of
~TTEST:
:it~Clerk
(Corporate Seal)
RES.REQ
~MT/r
CITY OF BOYNTON BEACH, FLORIDA
~4~yor
ice Mayor
coralnlssiener