08-005
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1 ORDINANCE NO. 08-00S"
2 AN ORDINANCE OF THE CITY COMMISSION OF THE
3 CITY OF BOYNTON BEACH, FLORIDA, CHANGING
4 THE DATE OF THE ELECTION OF MUNICIPAL
5 OFFICERS TO THE SECOND TUESDAY IN MARCH;
6 CHANGING THE DA TE OF RUN-OFF ELECTIONS;
7 CHANGING THE DATE FOR TAKING OFFICE;
8 AMENDING SECTIONS 15, 138, 139 and 141 OF THE
9 CHARTER AND SECTION 2-1.2 OF THE CODE OF
10 ORDINANCES AS APPROPRIATE; PROVIDING FOR
11 CONFLICTS, SEVERABILITY, CODIFICATION AND
12 AN EFFECTIVE DATE.
13 WHEREAS, the City Commission has reviewed recent voting patterns and has
14 determined that moving the election date for municipal officers from November to March will
15 result in greater voter participation in City elections; and
16 WHEREAS, Laws of Florida Ch. 83-478 authorizes the City to amend the City
17 Charter by Ordinance without the need for referendum when such amendment results in
18 conforming the City Charter to the provisions of Laws of Florida Ch. 83-478 for uniform
19 filing and election dates in Palm Beach County, Florida. Florida Statute 100.3605(2) provides
20 additional authority to change qualifying dates, election dates and the orderly transition of
21 office resulting from such changes by Ordinance.
22 NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMISSION
23 OF THE CITY OF BOYNTON BEACH FLORIDA, THAT:
24 Section 1. Each Whereas clause set forth above is true and correct and
25 incorporated herein by this reference.
26 Section 2. Sections 15, 138, 139 and 141 of the City Charter are amended by
27 adding the words and figures in underlined type and by deleting the words and figures in
28 struck through type, as follows:
29 Sec. 15. When Commissioners and Mayor are to assume office.
30 The Commissioners and Mayor who are elected in elections held in
31 November March of any year, shall assume office on the first regular or
32 special city commission meeting following their electioncertification of their
33 election results. Once all newly elected officials have taken office the
34 Commission shall organize in accordance with the provisions of Section 23
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1 of this Charter and shall then proceed to select the officers and employees,
2 designated in Section 49 ofthis Charter.
3 Sec. 138. Call by Mayor, publication of proclamation; qualification of
4 candidates, filing by candidates with City Clerk; notification of
5 Supervisor of Elections.
6 All general and special elections, unless otherwise provided in this Act,
7 shall be called by proclamation of the Mayor; published in a newspaper
8 published in the City of Boynton Beach, Florida, once a week for two (2)
9 consecutive weeks, or, if no newspaper is published in the City of Boynton
10 Beach, Florida, by posting same at the City Hall for two (2) weeks, and such
11 election that may be held upon such notice.
12 Candidates for City Commission shall file such papers and pay such fees
13 as may be required by law with the City Clerk no earlier than noon on the
14 .f.ffitftfllast Tuesday in January nor later than noon on the second Tuesday in
15 February Thur~)duy in August (i.e. for the November 2002 election.
16 quulifying period will commence on l\Ugust 22. 2002), nor later thun noon
17 on the first 'fhursduy in September (i.e. for the November 200; election,
18 quulifyin;; period will end on September 5, 2002) of the calendar year in
19 which the election is to be held. The City Clerk shall transmit the names of
20 all candidates for City Commission to the Supervisor of Elections by 5:00
21 p.m. on the first Friday after the close of qualifying.
22 Sec. 139. General and run-off elections.
23 A special election for any purpose shall be held as provided in the Charter or
24 by ordinance not inconsistent herewith. In every election to any office, the
25 candidate receiving the highest percentage of the vote in excess of thirty-
26 five (35%) percent of the votes validly cast shall be declared elected. If, in
27 any election, no candidate receives in excess of thirty-five (35%) percent of
28 the vote in the first election, a second election, limited to the two (2)
29 candidates receiving respectively the highest and the next highest number of
30 I votes in the first election shall be held on the fourth Tuesday in March of the
31 calendar year fourteenth day atter the fir~;t election, and the candidate
32 receiving the higher number of votes in the second election shall be declared
33 elected.
34 For purpose of transition from November to March elections. any municipal
35 officer whose term of office would expire in November will have their term
36 extended until the following March.
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2 Sec. 141. Regular municipal election, date; qualification of electors
3 for Commissioners; method of holding elections, special elections.
4 Regular municipal elections shall be held on the secondfifst Tuesday
5 ufter the fir~;tMonday in NovemberMarch of the calendar year in an election
6 yeaf. In the event a run-off election is required as specified in Section 139
7 hereof, said election shall be held on the fourth Tuesday in March of the
8 calendar yearfourteenth day after the first election. The City Commission
9 shall prescribe, by ordinance, the method and manner of holding all
10 elections in said City, and shall provide when and how special elections
11 shall be called and held, which are not provided by the terms of this Charter,
12 and all elections shall be conducted substantially on the principle adopted
13 for state election insofar as there are no conflicts with the terms of this
14 Charter.
15 Section 3. Section 2-1.2 of the City of Boynton Beach Code of Ordnances is
16 amended by adding the words and figures in underlined type and by deleting the words and
17 figures in struck through type, as follows:
18 Sec. 2-1.2. Vice-Mayor appointment.
19 I At the second regular City Commission meeting meeting following the
20 swearing in of newly elected officers. in November of each year. the City
21 Commission shall appoint one of its members to serve as Vice-Mayor. Any
22 member of the City Commission who has not previously served as Vice-
23 Mayor during his or her current term of office may be selected to serve as
24 Vice-Mayor. No second of the nomination is required. Voting shall occur in
25 the following manner: Voting shall be by voice vote. Each member of the
26 Commission shall vote for one nominee in each round of voting until one
27 person obtains a majority vote. If no nominee obtains a majority in round
28 one, there is another round of voting but the nominee with the least number
29 of votes does not move on to round two. If there are four nominees in round
30 one, the nominee with the most votes wins. If only one member is
31 nominated to serve as Vice-Mayor, the Mayor shall declare the nominee
32 appointed by acclamation without the necessity of a vote.
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34 Section 4. Each and every other provision of Charter, not herein specifically
35 ended shall remain in full force and effect as previously enacted.
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I Section 5. All ordinances or parts of ordinances in conflict herewith be and the
2 same are hereby repealed.
3 Section 6. Should any section or provision of this ordinance or portion hereof, any
4 paragraph, sentence or word be declared by a court of competent jurisdiction to be invalid,
5 such decision shall not affect the remainder of this ordinance.
6 Section 7. Authority is hereby granted to codify said ordinance.
7 Section 8. This ordinance shall become effective immediately upon its passage
8 and adoption.
9 FIRST READING this 18 day of MARCH ,2008.
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11 SECOND, FINAL READING AND PASSAGE this { day of~,
12 2008.
13 CITY OF BOYNTON BEACH, FLORIDA
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28 Commissioner - Marlene Ross
29 ATTEST:
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