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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)