O00-43ORDINANCE NO.: ::000-
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, REPEALING
SECTION 17 OF THE CITY CHARTER ENTITLED
"COMPOSITION, ELECTION, TERMS, VACANCIES" IN ITS
ENTIRETY; SUBMITTING TO REFERENDUM A NEWLY
CREATED SECTION 17 OF THE CITY CHARTER
ENTITLED "COMPOSITION, ELECTION, TERMS,
VACANCIES" PROVIDING FOR FINDINGS AND
PURPOSES FOR THE CREATION OF ELECTION
DISTRICTS; PROVIDING FOR FORM OF QUESTION TO
BE PRESENTED AT THE REFERENDUM ELECTION;
PROVIDING FOR TITLE LANGUAGE AND EXPLANATORY
LANGUAGE FOR THE BALLOT; PROVIDING FOR NOTICE
OF ADVERTISEMENT OF SAID REFERENDUM ELECTION
TO BE PUBLISHED IN ACCORDANCE WITH THE CODE
OF ORDINANCES, THE CHARTER OF THE CITY OF
BOYNTON BEACH, AND THE STATE OF FLORIDA
ELECTION CODE; PROVIDING FOR SUBMISSION OF
AMENDMENTS TO THE DEPARTMENT OF STATE;
PROVIDING FOR CONFLICTS, SEVERABILITY AND AN
EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Boynton Beach, Flodda has
Jetermined that it is in the best interest of the citizens of the City to submit to the
electorate a referendum question which, if passed, would create election districts and a
[ransition schedule for implementing same; and
WHEREAS, this City Commission finds and determines that to create four (4)
Commission Member Election Districts which are of equal population, compact,
proportional and logically related to the natural internal boundaries of the neighborhoods
CODING: Words in
............. u,, type are deletion from
existing law;
Words in underscored type are additions.
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within the City adhering to the principal of non-discrimination and one man/one vote will
serve the health, safety and welfare of all the citizens and residents of the City of Boynton
Beach, Florida.
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 are now
ratified and confirmed by the City Commission.
Section 2. That Section 17 of the City Charter of the City of Boynton Beach
entitled "Composition, Election, Terms, Vacancies" shall be repealed in its entirety and a
new Section 17 of the City Charter of the City of Boynton Beach entitled:
Sec. 17. COMPOSITION, ELECTION, TERMS, VACANCIES
(a) In order to qualify for the office of Mayor, a candidate must have
resided within the City for a period of not less than one (I) year
prior to filing for office. The Mayor of the City of Boynton Beach
may reside in any of the four (4) election districts and shall be
elected bv a city-wide vote.
(b) There shall be a City Commission of four (4) members elected from
each of the four (4) election districts within the City. Each
Commission Member and candidates for Commission Member
CODING: Words in,,,, o* .... ,--.,-~' *~'""',, ,, ---,- u,'"~', type are deletion from
existing law;
Words in underscored type are additions.
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from said election district shall reside in the election district from
which said Commission Member is elected. The ccr, dld~tes
(c)
be deemed elected. Voters shall vote for only one (1) candidate in
each election district in which the voter resides.
Qualifications for Commission Members. Only qualified electors who
have resided in the City of Boynton Beach for at least one (1) year
immediately prior to the election and who shall have attained the age
of twenty-one (21) years on or before the date the candidate files
and qualifies as a candidate for office shall be eligible to hold the
office of City Commissioner. Each Commission Member and
candidates for Commission Member shall be elected from the
election district in which he resides-, subiect to the 35% rule and
runoff procedures set forth in Section 139 of the City Charter. by-a
district. Once elect.ed, a Commission Member from an election
district shall remain a resident of the election district and the City of
Bovnton Beach durinq his term of office or shall forfeit his/her office.
(d) The failure of a City CommmlssionCommission Member to continue
CODING: Words in °* .... ~' *~' ..... h
............. ~,, type are deletion from
existing law;
Words in underscored type are additions.
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to reside within the district from which elected shall cause said
,(e)
(f)
Commission Member to automatically forfeit his/her office. The
tender of a resiqnation from any elective office shall immediately
create a vacancy in that office. Upon automatic forfeiture or the
tender of any resignation, the remaining members of the City
Commission shall declare the office vacant and proceed to fill the
vacancy as herein other,vise provided, so long as the individual
selected to fill the vacancy has resided in the same district from
which the oriqinal Commission Member resided for a period of not
less than one (1) vear. The Mayor of the City of Boynton Beach may
reside in any of the four (4) election districts and will be elected on a
.City-wide vote.
Commencinq with the reqular City election in Ma. rch, 2001,
candidates for City Commission Member shall file with the City Clerk
a written notice of candidacy, Which notice shall designate which of
the four (4) Commission Member districts of the City Commission the
candidates decide to fill.
Geo.qraphic boundaries for each votinq district are established
pursuant to Section 2 - 41 of the Code of Ordinances. Geo.qraphi_c
CODING: Words in °* .... ~' *~' ..... ~,
............. ~,, type are deletion from
existing law;
Words in underscored type are additions.
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boundaries for each votinq district shall be designated, prepared and
identified not later than the first day of January, 2002, and every four
(4) years thereafter by contract to the City of Boynton Beach with a
four f4) year college or university or educational research institution
located within the State of Florida to be selected by the City
Commission of the City of Boynton Beach, Florida. The election
districts shall be of equal population, compact, proportional and
logically related to the natural internal boundaries of the
neighborhoods within the City. The principal of non-discrimination
and one man/one vote shall be adhered to strictly. In the event no
candidate qualifies for election for any designated election district
seats, then a special qualifying period shall be opened for five (5)
calendar days after the close of the reqular qualif¥in.q pedod and
.anyone from anywhere within the City may qualify for such seat.
Thereafter, if no person qualifies for such seat, a vacancy shall
declared and filled in accordance with this Charter.
Section 3. The amendment of Section 17 of the City Charter of the City of
3oynton Beach shall not take effect unless and until the proposed amendment is
submitted to the vote of the electors of the City of Boynton Beach at the general election
CODING: Words in st."Jck through type are deletion from
existing law;
Words in underscored type are additions.
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held in November, 2000 by separate ballot question.
Section 4. The title of the ballot and explanatory statement setting forth the
substance of the proposed Charter Amendment shall appear on the ballot and shall read
as follows:
AMENDING CHARTER TO REQUIRE THAT
COMMISSIONERS BE ELECTED FROM THE DISTRICT IN
WHICH THEY RESIDE
THIS AMENDMENT TO SECTION 17 OF THE BOYNTON
BEACH CHARTER IF ADOPTED WILL RESULT IN EACH
OF THE FOUR CITY COMMISSIONERS BEING ELECTED
FROM THE DISTRICT IN WHICH THEY RESIDE BY
ELECTORS WHO ALSO RESIDE IN THAT DISTRICT. THE
MAYOR WILL STILL BE ELECTED AT LARGE.
SHOULD SECTION 17 OF THE CHARTER BE AMENDED AS
PROPOSED?
YES NO
Section 5. The City Clerk of the City of Boynton Beach, Florida is hereby
)uthorized and directed to advertise the referendum election contemplated herein in
with the Code of Ordinances of the City of Boynton Beach, the City Charter of
City of Boynton Beach, and the State of Florida Election Code.
Section 6. All Ordinances or parts of Ordinances, Resolutions or parts of
Resolutions in conflict herewith shall and the same are hereby repealed to the extent of
conflict only upon passage of the referendum.
CODING: Words in,~,, o* .... ,~--,-~' *~',, .. .... ,---u,"'~', type are deletion from
existing law;
Words in underscored type are additions.
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Section 7. If any clause, section or other part of this Ordinance shall be held by
any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional
or invalid part shall be considered as eliminated and not effecting the validitY of the
remaining portions of the Ordinance and its application shall remain in full force a~d
Section 8.
This Ordinance shall become effective only upon passage of the
referendum question at the November 2000, General election.
FIRST READING this / day of ~;Zz.,,',~c~-z~ ,2000.
SECOND, FINAL READING and PASSAGE this /..4- day of
2000.
Vice Mayor
CLERK
_,,,\\\\%~ll!l!lllll/././tz
(CO RP~~..E~'~,,.~
Mayor Pro Tem
Words in..., °* .... .,..,.~' +~',, ,, ..... .--,- u,~', type are deletion from
existing law;
Words in underscored type are additions.
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