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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~ '