O87-37ORDINANCE NO. 87-~
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,
iSPECIAL 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 17 OF THE
CHARTER TO PROVIDE THAT A RESIGNATION
FROM OFFICE SHALL IMMEDIATELY CREATE A
VACANCY UPON ITS TENDER; 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.
WHEREAS, Section 17 of the Charter of the City of
Boynton Beach, Florida, presently provides in relevant part
concerning the creation of a vacancy in office as follows:
Sec. 17. Composition, election, terms, vacancies.
and
The City Council shall consist of four
(4) City Council Members and the Mayor.
Each City Council Member shall have
qualified in a different district from
the other and each shall be elected by a
city-wide vote. In order to qualify in
one of the four (4) districts, a
candidate must reside within the
boundaries of said district for a period
of not less than sixty (60) days prior
to filing for office. The Ea.7~!~'f~.~ ....
City Council member to continue to
reside within the district from which
elected shall cause said Council Member
to automatically forfeit his/her office
and remaining members of the City
Council shall declare the office vacant
and proceed to fill the vacancy as
herein otherwise provided, so long as
the individual selected to fill the
vacancy resides in the same district
from which the original Council Member
resided. The Mayor of the City of~
Boynton Beach may reside in any of the
below-referenced districts and shall be
elected by a city-wide vote.
WHEREAS, it has been proposed that the electors of the
City should consider whether they wish to amend the Charter
to provide that any resignation from elective office shall
immediately create a vacancy upon its tender.
NOW, T~RWRFORE, BE IT ORDAINED BY THE CITY COMMISSION
OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Should Ordinance No. 87-L~ 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 17.
Composition, election, terms, vacancies, by adding the words
in underlined type and by deleting the words shown in
struck-through type to read as follows:
Sec. 17. Composition, election, terms,
vacancies.
The City Se~e~ ~ ....... ~ssion shall
consist of four (4) City Se~ne~
Commission Members and the Mayor. Each
City ~e~e~ Commission Member shall
have qualified in a different district
from the other and each shall be elected
by a city-wide vote. In order to
qualify in one of the four (4)
districts, a candidate must reside
within the boundaries of said district
for a period of not less than sixty (60)
days prior to filing for office. The
failure of a City ~e~ Commission
member to continue to reside within the
district from which elected shall cause
said e~ne~ Commission Member to
automatically forfeit his/her officer ~
The tender of a resignation from any.
elective office shall immed
a vacancy in that office, and Upon
automatic forfeiture or the tender of
any resignation, the remaining members
of the City Se~ne~ Commission shall
declare the office vacant and proceed to
fill the vacancy as herein otherwise
provided, so long as the individual
selected to fill the vacancy resides in
the same district from whiCh the
original ~e~ Commission Member
resided. The Mayor of the City of
Boynton Beach may reside in any of the
below-referenced districts and shall be
elected by a city-wide vote.
Section 2: That the official ballot title of said
referendum as required by Section 101.161, Florida Statutes,.
shall read as follows:
2
Boynton Beach City Charter amendment
relating to vacancies created by
resignations from 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
the tender of a resignation from any
elective office shall immediately create
a vacancy in that office rather than the
present provision which establishes no
criteria as to when a resignation shall
be effective.
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~~ a'ecision 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
day of
3
SECOND READING AND FINAL PASSAGE this ~0~ day of
ATTEST:
(Corporate Seal)
CITY OF BOYNTON BEACH, FLORIDA
Commissioner
C6~mis Si~ '