O84-05ORDINANCE N~. 84_~
AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, PROPOSING THAT A REFERENDUM
ELECTION BE HELD TO A~ND THE CHARTER OF THE CITY,
AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING
KNOWN AS CHAPTER 61-1889, SPECIAL LAWS OF FLORIDA,
AS AMENDED, TO PROVIDE THAT IF APPROVED BY THE
ELECTORS, SECTION 17 OF SAID CHARTER SHALL BE
AICENDED AS FOLLOWS: CANDIDATES FOR CITY COUNCIL
~ST RESIDE WITHIN THE BOUNDARIES OF THEIR APPLICABLE
DISTRICT FOR A PERIOD OF NOT LESS THAN SIXTY (60)
DAYS PRIOR TO FILING FOROFFICE; PROVIDING THAT
FAILURE OF A COUNCIL MEMBER TO CONTINUE TO RESIDE
WITHIN THE DISTRICT FROM ~¢HICHELECTED SHALL CAUSE
SAID COUNCIL MEMBER TO AUTOMATICALLY FORFEIT HIS/HER
OFFICE; PROVIDING THAT THE REMAINING }~MBERsOF THE
CITY COUNCIL SHALL FILL SUCH A VACANCY WITH AN INDI-
VIDUAL P~SIDING IN THE SAME DISTRICT FROM WHICH THE
ORIGINAL COUNCIL MEMBER RESIDED; PROVIDING A BALLOT
TITLE; PROVIDING TttE OFFICIALSUBSTANCE OF THE
AMENDMENT TO BE PLACED ON~ THE
CITY CLERK TO SUBMIT A CE! )RDINANCE
:THE SUPERVISOR OF ELECTIONS; PROV] EFFECTIVE
A CONFLICTS CLAUSE, AND A CLAUSE;
AND FOR OTHER PURPOSES.
NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE CITY
COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA:
Section 1. Should Ordinance No. 84_~~ be approved by
the voters in March of 1984, then the City Council proposes
an amendment to Chapter 61-1889, 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, to read as follows:
Section 17. Composition, election, terms, vacancies.
The City Council shall consist of five (5) City
Council members, each having qualified in a
different district from the other and each elected
by a city-wide vote. In order to qualify in one
o~ the five (5) districts, a candidate must reside
within the boundaries of said district for a period
of not less than sixty (60) days prior i-5 filing
for office. The failure of a City Council member
to continue to reside within the ~istrict from which
elected shall cause said Council Member to auto---
matically forfeit his/her office, and remainin~
members of the City CounCil Shall declare the o~fice
~acant and proceed to fill the vacancy as herein
otherwise provided, so long as the individual
s~l'ected to fill the vacancy res£des in the same
~istriCt from which the original Council Member
resided.
The boundary for each of the five (5) districts shall be as
follows:
Area Desc-riotJons for PZ°Dosed Districts
That portion of the incorporat, ed c~ty lying ~ of the E ROW
line of the SAL RR and S of Woo!bright Road e×isting and as
-roposed to be extended westward. Plus, that portion of the in- .~
orPorated city lying ~ 'of the Lake Worth Drainage District Canal
(L%~DD. E-4), N o.f ~°oibright Road,-existing and as proposed to
/ "= extended westward and S of Old Boyn'ton Road-
District II .~
That-portion of the. incorporated. city lying east (E) of the
ri' ht-of-~ay (ROW) line of the Seaboard Airline Railroad (SAL RR)
~d..south (S) of Woolbright Rd projected E to. the Atlantic Ocean.- -
~us, all ]-ands lying S of the Snug ~arbour Con~omi~Sums.-, E of U~S--
~orth (N) of Woolbright Road and west (W} 'of the intracoastal Water--ay
C ~) -
~' That portion of the incorporated city lying W of the ]C l~,
~ of Woolbright Road,-E of LWDD E-~, and S of NE/N~7 2nd Avenue-
.... ~Plus a parcel of ,land ~ithin the' following describe'd area: commencin[
a% the intersectS~h~°f N.E. 2nd Avenue and the E. ROW-line of the
F]-orSda East Coast Railroad (FEC RR), thence .proceed E along the
~.c.en'terline (CL) of ~.E. 2nd Avenue to the CL of the lC ~,~q;~', thence
~ along, the CL of the IC ~W to the N line of Dewey.'s Subdivision
projected eastward being a line south o.f the ~.arbour Hall Inlet
Club Condominium, thence west along the N line of Dewey's Sub-
~ivis~on to the CL of ~.~. Vth Street pro.jec~d' S, thence-N along
the 'projected CL of N_E. 7th Street'to the CL of N.E. 7th Avenue,
thence W a]ong~ the CL of N_E. 7th Avenue to the intersection ~ith
the CL of UoS. 1, thence south along the CL of US 1 to the CL of
,~ .... ~.E_ 6th Avenue, then.ce W along the CL of N_E~ 6th Aven~.e to the
ROW line ol the FEC RR, thence S to along the E ROW line of the
FEC RR to the point of beginning. Less, all lands lying S'of 'the
:.Snug Harbour Condominiums, E. of U.S. 1, N of Woo]bright Road
" That portion of the incorporated city lying within the follow-
ing described boundaries: Commencing at the intersection of the
CL of N.W. 2nd Avenue with the CL of LWDD E-4, ~thence proceed
.east along the CL of N.E./N.W. ,2nd .Avenue to the E ROW line of the
-FEC RR, thence N along the E ROW line of the FEC RR to the CL of
N.E- 6th Avenue, thence E along the CL of N.E- 6%h Avenue to the
CL of U.S. 1, %hence ~q along the CL of U.S. -1, to the CL of
7th Avenue, thence east along %he CL of N.E. 7th Avenue to the CL
of ~.E. 7th Street, thence S along the CL of N.E. 7th Street
projected to the N line of Dewey's Subdivision, being a line
south of the ~arbour Hall Inlet Club Condom%hum, thence E along the
N line of Dewey's Subdivision to the E city limit being the CL
of the lC WW, thence N along said E city limit line to the N c~ty
limit line being the easterly extension of the north line of the
S% of the N% of Section 15, Range ~3E, Township ~5S, and also
being the extension-of the north line of Lake City Trailer Park,
thence W along said N city limit line %0 the E ROW line of the FEC
RR, thence S along said E ROW line of~e FEC RR, to %he S line of
Lake Street projected westward as it exists as of this date, thence
W along said projected S line of Lake Street to %he intersection
with the CL of N.E. 3rd Court, thence S along %he.~CL of N.E. 3rd
Court to %he CL of N.E. 17th Avenue, thence ~ along %he CL of
17%h Avenue projected westward to the intersection of %he E ROW
line of the .SAL RR, thence S along the E ROW line of the SAL RR
to %he N line of the Boynton Canal, thence %~ along the N line of
%he Boynton Canal to the CL of Congress Avenue, %hence S along the
CL of Congress Avenue to the CL of Old Boynton Road, %hence E along
the CL of Old Boynton Road to the CL of LWDD E-4, thence S along
the CL of LWDD E-4 to the CL of N.W. 2nd Avenue and the point of
beginning.
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D~st. rict V
That portion of the 1ncorporated city lying E of the E ROW line
of the SAL RR, N of the CL of Boynton Parkway/N.E. 17th Avenue
projected eastward to the E ROW line of the FEC RR and lying W
'of the E ROW line of the FEC RR. Plus, that port,on of the incorporated
c'ity lying W of the E ROW line of the SAL RR and N of the N line of
the Boynton Canal.
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Said districts Shall be reapportioned on the basis of
population in 1990 using the census information of the 1990
Official Florida State and Federal Census and each ten (10)
years thereafter on the basis of the then completed census.
City Council Members shall first qualify by districts
· and be elected under the provisions of this section in 1982.
City Council Members shall qualify in Districts 2 and 4
respe.ctively in 1982 and shall be elected for two-year terms
and City Council Members elected in 1983 shall qualify in
Districts, 1, 3 and 5 respectively, shall be elected for two-year
terms and thereafter all terms for City Council Members shall
be for two (2) years and two (2) members of the City Council
shall be elected in even numbered years and three (3) members
shall be elected in the odd numbered years, unless a vacancy or
vacancies exist, in which event successors for the filling of any
unexpired term or terms shall be elected as herein provided
(section 51), in order to carry out the intent and meaning of
this Act.
Section 2. That the official ballot title of said
Referendum as required by Section 101.161, Florida Statutes,
shall read as follows:
CHARTER AMENDI~NT REQUIRING PRIOR AND CONTINUING
RESIDENCY IN ELECTION DISTRICT FOR .COUNCIL
MEMBERS.
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:
Are you in favor of an amendment to the City
Charter as follows:
Requiring that candidates for City Council reside
in the district from which they are seeking election
for sixty (60) days prior to filing for office and
requiring continuing residency for the remainder of
their term. Failure to reside in the district from
which elected shall result in forfeiture of office
and the Council shall appoint a replacement Council
Member from the same district as the vacancy.
Yes No
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
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.~TTEST:
CITY
(Seal)
Referendum m~y be placed on the ballot for March of 1984, 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. This Ordinance shall become effective ten (10)
~ays after said Ordinance has been passed by a majority of the
qualified electors of the City voting in the Referendum election.
Section 6~ That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 7. That should any section or provision of this
OrdinanCe or a portion thereof be declared by a court of compe-
tent jurisdiction to be invalid, such decision shall not affect
the remainder of this Ordinance.
FIRST READING this ~__ ay of ~~ , 1984.
SECOND, FINA~L READING and PASSAG~this-~day of
CITY OF BOYNTON BEACH, FLORIDA
VICE
COUI~C IL MEMBER
~,~C~OUNCiL-~ER
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