O83-51ORDINANCE NO. 83-5.1
AN ORDINANCE OFf THE CITY COUNCIL OF THE CITY OF
BOYNTON BEACH, FLORIDA, AME~ING THE CHARTER OF
THE CITY TO COMPLY WITH THE PROVISIONS OF HOUSE
BILL 742, ENACTED BY THE FLORIDA LEGISLATURE
RELATING TO UNIFORM FILING DATES AND UNIFORM
ELECTION DATES FOR MUNICIPAL ELECTIONS IN PALM
BEACR COUNTY, FLORIDA, BY AMENDING SECTION 15
OF THE CITY CHARTER TO PROVIDE THAT COUNCIL
MEMBERS SHALL TAKE OFFICE ON THE LAST THURSDAY
IN MARCH; BY ~N 138 OF THE cITy
CHARTE]
T{
BE HELD
A RUN-OFf
FOURTH (4th) TUESDAY
2-42 OF THE CODE OF
TO BE IN
CHARTEF
OF THE CITY
ENTIRETY; PROVIDING A
CLAUSE, AND
ING AN EFFECTIVE DATE AND
'ION PROCEDURE AND
FOR REGISTRATION BY
'SECTION 139 OF THE CITY
GENERAL AND RUN-OFF
SECTION 141 OF THE CITY
~HALL
(2nd) H OF
IN 19'84 AND' IN THE THAT
IS NECESSARY~ IT. E HELD
~DING
]Y OF
'HE ABOVE
THE
CLAUSE,
~IFY;
ES.
WHEREAS, the Florida Legislature at its 1983 session duly
enacted House Bill 742, relating to uniform filing dates and
uniform election dates for municipal elections in Palm Beach
County, said Act becoming effective January 2, 1984; and
WHEREAS, the City Council Of the City of Boynton Beach,
Florida, wishes to com?!y with the provisions of said Act; and
WHEREAS, Section 8 of said Act provides that the governing
body of any muncipality may, by ordinance and without referendum,
amend its municipal charter to conform to the provisions of this
Act; and
WHEREAS, the City Council of the City of Boynton Beach,
Florida, hereby amends its City Charter to comply with the pro-
visions of said Act.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF BOYNTON BEACH, FLORIDA, THAT:
Section 1: Part I~ Article II. City Council, Section
15. (When Council Members to assume office.) of the Charter of
the City of Boynton Beach~ Florida, is hereby amended so that
it shall now read as follows:
(_1)
Section 15. ~ When Council Members and
Mayor to assume office.~
The Council Members and the Mayor who are
elected in elections held in March of any
year shall assume office on the
~-~p~½ last Thursday in March following
their election ~ ~ the ~t w~~ ~a~
h~ay and shall, with the other Council
Members, immediately 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.
Section 2: Part I, Article VII. Elections, Section
138. Call by Mayor, publication of proclamation; nominations,
qualification of candidates, primaries, of the Charter of the
City of Boynton Beach, Florida, is hereby amended so that it
shall now read as follows:
Section 138.
Call by Mayor, publication of
proclamation; mem&mag&~msv
qualification of candidates,
~w~&ma~; filing by candidates
with City Clerk; notification
of Supervisor of Elections.
Ail general and special elections, unless
otherwise provided in this Act, shall be called
by proclamation of the Mayor; published in a
newspaper published in the City of Boynton Beach,
Florida, once a week for two (2) consecutive
weeks, or, if no newspaper is published in the
City of Boynton Beach, Florida, by posting same
at the City Hall for two (2) weeks, and such
election that may be held upon such notice.
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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 January, nor later than noon
on the second Tuesday in February of the calendar
year in which the election is to be held. The
City Clerk shall transmit the names of all
candi ~e~ 'sor
of Elec~ on the first Friday
after the close of
Section 3: Part I, Article VIi. Elections, Section
139. Election of nominees of primary election, of the City Charter
of the City of Boynton Beach, Florida, is hereby amended so that
it shall read as follows:
Section 139. ~½ee%~-~f-~em~ees-~f-p~ma~y-e½ee~n
General'& Run-off Elections.
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~-~he-~-n~mBe~e~-Mea~sT-ehe-ew~-ea~a~es-
men-a~e-%~-Be-e~ee%e~F-%he-%h~ee-ea~e~es
The elective officers of the City shall be
chosen by city-wide vote of the City electors
at a general election~ to be held as provided
in the City Charter ~Chapter 61-1889), Special
Laws of Florida,~a~amended. A special election
for any purpose shall be held as provided in
the Charter or by Ordinance not inconsistent
herewith. In every election to any office, the
candidate receiving a majority of the votes
validly cast shall-be declared elected. I~,
in any election, no candidate receSves this
majority in the first election, a Second election,
limited to the two candidates receSving respectively
the highest and the next highest number of votes
in the first election shall be held on the
fourteenth day after the first election, and the
candidate receiving the higher number of votes
in the second election shall be declared elected.
Section 4: Part I, Article VII. Elections, Section 141.
Regular Municipal election date; qualification of electors for
Councilmen; method of holding elections, special elections, of
the City Charter of the City of Boynton Beach, Florida, is hereby
amended so that it shall read as follows:
(3)
Section 141.
Regular Municipal election, date;
qualification of electors for
Councilmen; method of holding
elections, special elections.
Regular M~_unicipal elections shall be held on
the ~s% second Tuesday in March every year,
beginning in ½~8~ 1984.
memBe~s-o~-~he-e~y-~ne~-e~ee~e~-~-~
sha~½-h~½~-~ee-~%~-Ma~eh-~-½98~-a~
~%~½-Ma~eh-e~-~98~= 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 March. 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 5: Chapter 2, Administration, Article III.
Elections, Section 2-42. Official ballot, nominations, filing
fees. of the Code of Ordinances, City of Boynton Beach, Florida,
is hereby amended so that it shall now read as follows:
Section 2-42.
Official ballot,
filing fees.
The City Council shall prepare or cause to be
prepared the official ballot for each regular
and special election of the City. ~aeh
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ee~f~ea%e-s~g~e~-By-~he-eha~maa-e~-see~e%a~y-
Each
whe~-aeeempan~e~-By candidate shall file a
petition signed by at least twenty-five (25)
duly qualified voters of the City and shall
submit a filing fee of twenty-five dollars
($25.00),
6~e~ which will result in the appearance in
alphabetical order of the name of the particular
~em~ee candidate upon the official
general election ballot.
Ail such filing fees collected shall be deposited
to the general fund. A~½-~em~nae~ens-sha½~-Be
ma~e-ae-~eas~-~we~kM-~-~ays-p~-~-ehe-~a%e
~-%he-e~ee%~= None but the official ballot
shall be used.
Section 6: Part I, Article Vii. Elections, Section
154. Primary elections, authority to provide; filing fee. of the
Charter of the City of Boynton Beach, Florida, is hereby repealed
in its entirety.
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Section 7: That all ordinances or parts of ordinances
in conflict herewith are hereby repealed.
Section 8: That should any section or provision of
this Ordinance or a portion thereof be declared by a court of
competent jurisdiction to be invalid, such decision shall not
affect the remainder of this Ordinance.
Section 9: Specific authority is hereby granted to
codify this Ordinance.
Section 10: This Ordinance shall become effective
January 2, 1984.
FIRST READING this
1983.
day of ~~~
SECOND, FINAL READING and PASSAGE this~~ay of
~fTTEST:
(Seal)
, 1983.
CITY OF BOYNTON BEACH, FLORIDA
VICE MAYQ~
COb~NCI L MEMBER
(5)