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O01-25ORDINANCE NO. O1 - 25 _~N ORDINANCE OF THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA CHANGING THE DATE OF MUNICIPAL ELECTIONS FROM THE SECOND TUESDAY IN MARCH TO THE FIRST TUESDAY IN NOVEMBER; PROVIDING FOR A TRANSITION PERIOD FOR ELECTED OFFICIALS WHO ARE SERVING A TERM OF OFFICE AT TIME OF ADOPTION OF THIS ORDINANCE; PROVIDING FOR AMENDED QUALIFYING PERIODS; AMENDING CONFLICTING PROVISION OF THE CITY CHARTER (SECTIONS 15, 51, 13:8, 141), PROVDING FOR CONFLICTS, SEVERABILITY, CODIFICATION AND AN EFFECTIVE DATE. W}tEREAS, the City Commission has considered the public benefits of municipal elections that coincide with county, state and federal elections; and WItEREAS, the City Commission has determined that moving municipal elections from the second Tuesday in March, as currently provided for in the Code and Charter, to the first Tuesday in November to coincide with county, state and federal elections would result in a greater voter participation in municipal elections and would reduce costs associated with elections when only municipal candidates are on the ballot; and WHEREAS, Florida Statute 100.3605(2) authorizes the governing body of municipalities to change, by Ordinance, the dates for qualifying and for the election of members of the municipal governing body and to provide for an orderly transition of office resulting from such change; WHEREAS, The City Commission has considered and is guided by the Florida Attorney General's opinion (AGO 2000-61, issued October 6, 2000) that a municipality may by ordinance amend its city charter to move the dates of city elections to coincide with federal, state, and county elections, and to extend the terms of the sitting commissioners to coincide with the extension. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1. The foregoing Whereas clauses are true and correct and incorporated herein by this reference. Section 2. Effective immediately upon adoption of this Ordinance municipal elections shall be held on the first Tuesday in November in years when elections are required to maintain staggered terms as provided for in the City Charter. The next municipal election following the adoption of this Ordinance will be the first Tuesday in November, 2002. Section 3. To provide for the orderly transition of office and to avoid shorting the term of office for which current elected officials were elected, each elected official who holds office on the date of enactment of this Ordinance shall continue to serve in office until their seat is filled in the November election which follows the expiration of their current elected term. Section 4. All references to "March" in the City Code or Charter, when used in the context of elections shall be construed to mean "November", following the enactment of this ordinance. Section 5. All references to "January" in the City Code or Charter, when used in the context of elections or qualifying for elections shall be construed to mean "September", following the enactment of this ordinance. Section 6. All references to "February" in the City Code or Charter, when used in the context of elections or qualifying for elections shall be construed to mean "October", following the enactment of this ordinance. Section 7. Sections 15, 51,138 and 141 of the City Charter are amended by adding the words and figures in underlined type and by deleting the words and figures in struck through type, as follows: Sec. 15. When Commission Members and Mayor to assume office. The Commission Members and Mayor who are elected in elections held in November of any year, shall assume office on the first regular or special city commission meeting following their election. Once all newly elected officials have taken office the Commission shall organize in accordance with the provisions of section 53 of this Charter and shall then proceed to select the officers and employees, designated in section 49 of this Charter. Sec. 51. Filling vacancy on City Commission. In the event of a vacancy occurring in the members of the City Commission, except at the close of a regular term, ... In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held on the first Tuesday in November of the calendar year .... publication of proclamation; candidates with City Clerk; Sec. 138. Call by Mayor, qualification of candidates, filing by notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, ... Candidates for City Council shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday in September, nor later than noon on the second Tuesday in October of the calendar year in which the election is to be held... Sec. 141. Regular municipal election, date; qualification of electors for Councilmen; method of holding elections, special elections. Regular municipal elections shall be held on the first Tuesday in November in an election, year. In the event a run-off election is required as specified in section 139 hereof, said election shall be held on the fourth Tuesday of November. The City Council shall prescribe, by ordinance, the method and manner of holding all elections in said City, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this Charter, and all elections shall be conducted substantially on the principle adopted for state election insofar as there are no conflicts with the terms of this Charter. ,Section 8.. In the event of a conflict between the provisions of this ordinance and any other provision of the City Code, City Charter, ordinance or resolution, this ordinance shall control. Section 9. Authority is hereby given to codify this Ordinance with specific authority granted to add notations to conflicting provisions of the City Code or Charter. Section 10. This Ordinance shall become effective immediately upon passage FIRST READING this _[¢1 day of June 2001. ?~'~ SECOND, FINAL READING AND PASSAGE this __~ day,,~" ~ ---,~ 2001. ~:ca\ortt~Date of Mun Elections _~issioner Commissioner