O90-80ORDINANCE NO. 090-~~
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
PROPOSING THAT A REFERENDUM ELECTION BE
HELD TO AMEND SECTION 51 OF THE CHARTER
OF THE CITY, TO PROVIDE THAT A CITIZEN
SELECTED TO.FILL A VACANCY ON THE CITY
COMMISSION SHALL SERVE UNTIL THE NEXT
MUNICIPAL ELECTION AND DEFINING
MUNICIPAL ELECTION DATE; 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 SUPERVISOR OF
ELECTIONS; PROVIDING A CONFLICTS CLAUSE;
A SEVERABILITY CLAUSE; AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS, Section 51 of the Charter of the City of
Boynton Beach, Florida, presently provides as follows:
Sec. 51. Filling vacancy on City
Commission.
In the event of a vacancy occurring in
the members of the City Commission,
except at the close of a regular term,
it shall be the duty of the remaining
members at the next regular meeting, or
as soon thereafter as possible,
following the declaration of such
vacancy, to select a duly qualified
citizen to fill said vacancy until the
next general election. If a majority of
said remaining members are unable to
agree upon the selection of a
Commissioner to fill said vacancy after
two (2) regular meetings have been held,
the City Commission shall call a special
election for that purpose.
and
WHEREAS, it has been proposed that the electors of the
City should consider whether they wish to amend the Charter
to provide that a citizen selected to fill a vacancy on the
City Commission shall serve until the next municipal
slection and defining municipal election date.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1. The following amendment to Section 51 of
Ithe City Charter shall be submitted to the electorate of the
City of Boynton Beach on March 12, 1991 for referendum:
Sec. 51. Filling vacancy on City
Commission.
In the event of a vacancy occurring in
the members Of the City Commission,
COMMISSION
except at the close of a regular term,
it shall be the duty of the remaining
members at the next regular meeting, or
as soon thereafter as possible,
following the declaration of such
vacancy, to se~ec% appoint a duly
qualified citizen to fill said vacancy
until the next genera~ municipal
election=,at which time the balance of
the original members term shall be
filled by election. In no event shall
an appointment or election alter the
term of a district seat. Municipal
election shall mean the election held on
the second Tuesday in March of the
calendar year. If a majority of said
remaining members are unable to agree
upon the selection of a Commissioner to
fill said vacancy after two (2) regular
meetings have been held, the City
Commission shall call a special election
for that purpose.
Section 2. That the official ballot title of said
~eferendum as required by Section 101.161, Florida Statute,
~hall read, as follows:
Boynton Beach Charter Amendment: Filling
vacancy on City Commission until the
next municipal election.
Section 3. That the official substance of the
~mendment to be placed on the ballot in said referendum as
~equired by Section 101.161, Florida Statutes, shall read as
Follows:
Should the Charter be amended so that a
citizen appointed to fill a vacancy on
the City Commission serves until the
next municipal election, at which time
the balance of the original member's
term shall be filled by election. In no
event shall an appointment or election
alter the term of a district seat.
Municipal election shall mean the
election held on the second Tuesday in
March of the calendar year.
NO YES
Section 4.
That the City Clerk is hereby instructed
immediately submit a certified copy of this Ordinance to
the Supervisor of Elections for Palm Beach County in order
that said referendum may be placed on the ballot for March
12, 1991, and that said City Clerk is further required to
take all action necessary to see that said referendum is
)laced on the ballot at the time of the municipal election.
Section 5. Ail Ordinances or parts of Ordinances in
~onflict herewith are hereby repealed.
Section 6. Should any section or provision of this
)rdinance or any portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall
not affect the remainder of this Ordinance.
Section 7. This Ordinance shall become effective
ten (10) days after said Ordinance has been passed by a
majority of the qualified electors of the City voting in the
referendum election.
FIRST READING this /~ day of
1990.
SECOND,
~TTEST:
Ci~ Clerk
FINAL READING and PASSAGE this
/
, 199~.
day of
~YNTON BEACH, FLORIDA
Commissioner
(Corporate Seal)