O95-25ORDINANCE NO .~ 95-~-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO
REFERENDUM ANAMENDMENT TO SECTION 139 OF THE
CITY CHARTER ENTITLED GENERAL AND RUN-OFF
ELECTIONS; PROVIDING FOR RUN-OFF ELECTIONS IN
THE EVENT NO CANDIDATE RECEIVES IN EXCESS OF
THIRTY-FIVE (35%) PERCENT OF THE VOTE;
PROVIDING FOR FORM OF QUESTION TO BE PRESENTED
AT THE REFERENDUM ELECTION; PROVIDING FOR
TITLE LANGUAGE AND EXPLANATORY LANGUAGE FOR
THE BALLOT; PROVIDING FOR NOTICE OF
ADVERTISEMENT OF SAID REFERENDUM ELECTION TO
BE PUBLISHED IN ACCORDANCE WITH THE CODE OF
ORDINANCES, THE CHARTER OF THE CITY OF BOYNTON
BEACH, AND THE STATE OF FLORIDA ELECTION CODE;
PROVIDING FOR SUBMISSION OF AMENDMENTS TO THE
DEPARTMENT OF STATE; PROVIDING FOR CONFLICTS,
SEVERABILITY AND AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach,
Florida has determined that it is in the best interest of the
citizens to submit to the electorate of the City by referendum a
change to the City Charter which, if passed, would have the effect
of amending Section 139 of the City Charter to provide for run-off
elections only in the event that no candidate receives in excess of
thirty-five (35%) percent of the vote.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section I. The foregoing whereas clause is true and
correct and is now ratified and confirmed by the City Commission.
Section 2. That Section 139 of the City Charter of the
City of Boynton Beach shall be amended to read as follows:
Sec. 139. General and run-off elections.
The elective officers of the City shall be chosen by city-wide
vote of the City electors at a general election, to be held as
provided in the City Charter (Chapter 61-1889), Special Laws of
Florida, as amended. A special election for any purpose shall be
held as provided in the Charter or by ordinance not inconsistent
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herewith. In every election to any office, the candidate receiving
i~~~ili~~ of the votes validly
cast shall be declared elected. If, in any election, no candidate
in the first election, a second election, l±mi*ed to the
two (2) candidates receiving respectively the highest and the next
highest number of votes in the first election shall be held on the
fourteenth day after the first election, and the candidate
receiving the higher number of votes in the second election shall
be declared elected.
Section 3. The amendment of Section 139 of the City
Charter of the City of Boynton Beach shall not take effect unless
and until the proposed amendment is submitted to the vote of the
electors of the City of Boynton Beach at the March, 1996 election
by separate ballot question.
Section 4. The title of the ballot and explanatory
statement setting forth the substance of the proposed Charter
Amendment shall appear on the ballot and shall read as follows:
(TITLE)
AN AMENDMENT TO CITY CHARTER SECTION 139
PROVIDING FOR ELECTION OF CITY OFFICIALS
(EXPLANATORY STATEMENT)
THIS AMENDMENT OF THE CITY CHARTER WOULD
RESULT IN A CANDIDATE FOR CITY OFFICE
RECEIVING THE HIGHEST PERCENTAGE OF THE VOTE
IN EXCESS OF THIRTY-FIVE (35%) PERCENT OF THE
VOTES CAST IN AN ELECTION BEING DECLARED THE
WINNER AND THUS ELIMINATING RUN-OFF ELECTIONS.
WHEN NO CANDIDATE RECEIVES IN EXCESS OF
THIRTY-FIVE (35%) ~PERCENT OF THE VOTE; A RUN-
OFF ELECTION SHALL BE HELD AS CURRENTLY
PROVIDED IN THE CITY CHARTER
SHOULD SECTION 139 OF THE CHARTER BE AMENDED
AS PROPOSED?
Section 5.
Florida is hereby
YES NO
The City Clerk of the City of Boynton Beach,
authorized and directed to advertise the
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referendum election contemplated herein in accordance with the Code
of Ordinances of the City of Boynton Beach, the City Charter of the
City of Boynton Beach, and the State of Florida Election Code.
Section6. All Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith shall and
the same are hereby repealed to the extent of such conflict only
upon passage of the referendum.
Section 7. If any clause, sectmon 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 not effecting the
validity of the remaining portions of the Ordinance and its
application shall remain in full force and effect.
Section 8. This Ordinance shall become effective only upon
passage of the referendum question at the March, 1996 election.
FIRST READING this ~ day of ~-/-~g , 1995.
SECOND, FINAL READING and PASSAGE this /~7 day of
~ , 1995.
ATTEST:
C~2Y CLERK --' -~--
(CORPORATE SEAL )
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ORD/election.35%
Words in oLzuuk Lt~zuuyh type are deletion from
existing law;
Words in ~ type are additions.
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