O87-38AN 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 AMENDING SECTION 50 OF THE
CHARTER TO PROVIDE THAT RESIGNATION OR
FORFEITURE OF ELECTIVE OFFICE SHALL BE
DEEMED TO CONSTITUTE A FULL AND COMPLETE
TERM; 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 50 of the Charter of the City of
Boynton Beach, Florida, presently provides in relevant part
concerning the election of Commission members as follows:
Sec. 50. Terms of elective offices.
and
Ail elective offices shall be for the
term of two years and no person shall be
eligible to hold such office for more
than two consecutive terms.
WtIEREAS, it has been proposed that the electors of the
City should-consider whether they wis!h~o~me~n~<~.~he..Cha.~ter
to provide that the forfeiture of, or resignation from, any
elective office shall be deemed to constitute a full and
complete term.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOY1FfON BEACH, 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 IV. ADMINISTRATION, Section 50. Terms
1
of elective offices, by adding the following subsection, to
read as follows:
Sec. 50. Terms of elective offices.
b) The resignation from, or forfeiture
of, an elective office during any part
of a two year elective term shall be
deemed to constitute a full and complete
term under the provisions of this
section.
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 resignations and forfeitures
of elective office.
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 the City of
Boynton Beach be amended to specify that
upon the resignation from, or forfeiture
of, elective office at anytime during a
term, the elected office holder shall be
deemed to have held such office for a
full and complete term rather than the
present provision which does not
indicate how a resignation or forfeiture
relates to the completion of any
elective term.
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 tha~ 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.
2
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.
1987.
FIRST READING this
SECOND READING AND FINAL PASSAGE this~~ day of
_. , 1987.
ATTEST:
City
CITY OF BOYNTON BEACH, FLORIDA
Vice ~o'r -
Co~ssion~r
Commi s s i on'e r
(Corporate Seal)