O87-46BORDINANCE NO. 87-46B
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA,
PROPOSING THAT A REFERENDUM ELECTION BE
HELD TO AMEND THE CHARTER OF THE CITY,
AS ADOPTED BY THE FLORIDA LEGISLATURE
AND BEING KNOWN AS CHAPTER 67-1118,
SPECIAL LAWS OF FLORIDA, TO PROVIDE
THAT, IF APPROVED BY THE ELECTORS OF THE
CITY OF BOYNTON BEACH, THE ABOVE
REFERENCED CHARTER SHALL BE AMENDED AS
FOLLOWS: BY A~ENDING SECTION 24 OF THE
CHARTER TO PROVIDE THAT AMENDMENTS TO
THE CITY'S COMPREHENSIVE PLAN WHICH
CHANGE ANY LAND USE CATEGORY SHALL BE
ADOPTED BY THE AFFIRMATIVE VOTE OF NOT
LESS THAN FOUR-FIFTHS OF THE ENTIRE CITY
COMMISSION MEMBERSHIP; 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 AN EFFECTIVE
DATE; AND FOR OTHER PURPOSES.
W/~EREAS, 'Section 24 of the Charter of the City of
Boynton Beach, Florida, presently provides in relevant part
concerning voting requirements on the enactment of
ordinances as follows:
Sec. 24'. Quorum, vote, required on ordinances,
resolutions; enactment procedures generally.
The majority of the members of the City
Council shall constitute a quorum, but a
less number may adjourn from day to day
and compel the attendance of absent
members in such manner and under such
penalties as shall be prescribed by
ordinance. The affirmative vote of the
majority of a quorum present shall be
necessary to enact any ordinance or
adopt any resolution other than an
emergency ordinance. On final passage,
the vote of each member of the City
Council voting shall be entered on the
official record of the meeting. Any
proposed ordinance or resolution shall
be introduced in written or printed
form. No ordinance, except an emergency
ordinance, shall be passed until it
shall have been read at two (2) meetings
not less than ten days apart, and the
second reading of any regular ordinance
may be by caption only. An emergency
ordinance may be passed upon reading at
one meeting to take effect immediately
or at such time as shall be designated
in the ordinance.
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 four-fifths vote of the City Commission
membership be required to amend the City's Comprehensive
Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY CO~ISSION
OF THE CITY OF BOYNTONBEACH, FLORIDA, THAT:
Section 1: Should Ordinance No. 87-~be approved
by the voters on March 8, 1988, then the City Commission
proposes an amendment to Chapter 67-1118, more commonly
known as the Charter of the City of Boynton Beach, Florida,
by amending Article II. CITY COUNCIL, Section 24. Quorum,
vote, required on ordinances, resolutions; enactment
procedures generally, by adding the words in underlined type
and by deleting the words shown in struck-through type to
read as follows:
Sec. 24. Quorum, vote
ordinances, resolutions;
procedures generally.
required on
enactment
(a). The majority of the members of the
City eemne~ Co~,~ssion shall constitute
a quorum, but a less number may adjourn
from day to day and compel the
attendance of absent members in such
manner and under such penalties as shall
be prescribed by ordinance.
(b.). Except as otherwise provided, the
affirmative vote of the majority of a
quorum present shall be necessary to
enact any resolution or nonemergency
ordinance.
~ha~-a~-e~e~eney-e~a~ee = On final
passage, the vote of each member of the
City Semne~ Commission voting shall be
entered on the official record of the
meeting. Any proposed ordinance or
resolution shall be introduced in
written or printed form. No ordinance,
except an emergency ordinance, shall be
passed until it shall have been read at
two (2) meetings not less than ten days
apart, and the second reading of any
regular ordinance may be by caption
only. An emergency ordinance may be
passed upon reading at one meeting to
take effect immediately or at such time
as shall be designated in the ordinance.
2
(c). Ordinances which amend the Future
Land Use Element of the Comprehensive
Plan b chan 1~ an land use cate or
s--h-~]' be ~-6~-~ ~ ~ affi~ati~e vote
of not less than four-fifths of the
entire City Commission.
Section 2:
That the official ballot title of said
referendum as required by Section 101.161, Florida Statutes,
shall read as follows:
Boynton Beach City Charter amendment
relating to a four-fifths Commission
vote for Comprehensive Plan Amendments.
Section 3: That the official substance of the
amendment to be placed on the ballot in said referendum as
required by Section 101.161, Florida Statutes, shall read as
follows:
Should the Charter of this City be
amended to require that amendments to
the Future Land Use Element of the
City's Comprehensive Plan which change
any land use category be adopted by the
affirmative vote of not less than
four-fifths of the entire City
Commission membership rather than the
present provision which allows for the
passage of any ordinance upon the
affirmative vote of the majority of the
quorum present.
NO YES
Section 4: That the City Clerk is hereby instructed
to 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
8, 1988, and that said City Clerk is further required to
take all action necessary to see that said referendUm is
placed on the ballot at the time of the municipal election.
Section 5: All ordinances or parts of ordinances in
conflict herewith are hereby repealed.
Section 6: Should any section or provision of this
Ordinance 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
1987.
SECOND READING AND FINAL PASSAGE this
January , 1988;~~
5th day of
ATTEST:
C~y ~erk
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
Co~uissioher&.//