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O80-46ORDINANCE NO AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA, PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF BOYNTON BEACH, FLORIDA, AS ADOPTED BY THE FLORIDA LEGISLATURE AND BEING KNOWN AS CHAPTER 61-1889, SPECIAL LAWS OF FLORIDA AS AME~IDED, PROPOSING ALTERNATIVE A>~ND- MENTS TO ARTICLE II, "CITY COUNCIL," SECTION 17, "COMPOSITION, ELECTION, TERMS AND VACAN- CIES'', ARTICLE VII, "ELECTIONS" SECTION 138 "CALL BY MAYOR, PUBLICATION OF PROCLAMATION, NOMINATIONS, QUALIFICATION OF CANDIDATES, PRI~LARIES AND AR~TICLE VII, "ELECTIONS" SECTION 139 "ELECTION OF NOMINEES OF PRIMARY ELECTION", PROVIDING THAT SHOULD ORDINANCE NUMBER 80-41, ~ICH PROVIDES FOR CITY-WIDE ELECTION HELD: IN MARCH RATHER THAN ROVED BY VOTERS, AT 1980 ITY COUNCIL MEMBERS SHALL OUALIFY IN ONE OF BOUNDA!~IES OF SHALL BE IDING THAT THE CITY IN 1981 SHALL 'RO- VISIONS OF 1981 IN [DISTRICTS 2 AND 4) RS ELECTED ODD NUMBERED S (DI 1, 3 AND 5); AND THAT E138D ITY CHARTER i D I S - TRICTING ; THAT S THE ~INANCE 80-41 WHICH PROVIDES ELECT] HELD APPROVED SECTION 17 ALTE AS FoLLows: ~BY qG MEMBERS IN THE BO! WHICH AND ELEC'~ E THE CITY 1982 SI DISTRI CTS 2 THAT IN CI~ ELECTED ( 5); AND 13 L DISTRICTS HERE IN NG THAT IN IDING BE 138 TO P THE MUN TO BE IUESDAY OF N OFFiC OFFICL OF PLACED ; AND FOR iGULAR FIRST FOR THE ,BE WHEREAS, the Charter of the City of Boynton Beach pre- sently provides that City Council Members shall be elected city- wide; and WHEREAS, it has been proposed that the electors of the City should consider whether they wish to retain the present metho~ of electing City Council~embers or amend the Charter so as to provide that City Council Members shall qualify in one of the five districts and be elected by city-wide vote; and WHEREAS, Ordinance 80-41 providing that city general elections be held in March rather than December will be preSented to the voters at the same time that this ordinance is presented to the voters. NOW, THEREFORE, BE AND IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1. That should Ordinance No. 80-41 not be approve~ by the voters in December of 1980, the City Council proposes an amendment to Chapter 61-1889, Special Laws of Florida as amended more commonly known as the Charter of the City of Bo'~ton Beach, Florida, by amending Article. II, "City Council", Sec "Composition, Election, Terms and Vacancies'`' and ArtJ "Elections", Section 138 "Call by Mayor, Publication tion, Nominations, Oualifications of Candidates~ PrY Article VII, "Elections" Section 139 "Election of Non Primary Election" to read as £ollows: ARTICLE II. City Council Section 17. Composition, election, terms ~h~-~all-b~-£i~-m~mb~-~£-~e.-¢i~¥-~oun~ Ci~y-Coun¢i~men-sha~-be.-fo~-~wo-yea~s~__~h~ee_mem~e~ A~. The City Council Shall consist of five City Gou ion 17, .cle VII, of Proclama- [aries" and linees of ancies, w~-membe~s-- waea~ey-~ anin.g ncil Members -2- each having qualified in a different district from the other and each elected by a city-wide vote. In order to qualify in one of the five districts, a candidate must reside within the boundaries of said district. The boundary for each of the five districts shall be as follows: -3- Said districts shall be reapportioned on the basis of population in 1990 using the cn~esus information of the 1990 Official Florida State and Federal Census and each ten (10) years terms shall be elected as herein provided ['section 51]', carry out theARTiCLEintentvlm.and m'ean'ingElectionsOf this let? 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 1981. City Council Members shall qualify in Districts 2 and 4 res- pectively in 1981 and shall be elected for two=year terms and City Council Members elected in 1982 shall q~alify in Dist~ricts 1 , 3 and 5 respectively, shall be elected 'for ~two- year terms and thereafter all terms for City Council Members shall be for two years and three members of the City Council shall be elected in even numbered years and two members shall be el:ected in the odd numbered years, unless a vacancy or vacancies' exist, in which event successors for~th'e'filling O'f ~any unexo'ire'di~term or 'in order t, Sec. 138. Call by Mayor, publication of proclamation; nominations, qualification of candidates, primaries. Ail general and special elections, unless otherwise pro- vided 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 consecutive weeks, or, if no newspape is published in the City of Boynton Beach, Florida, by posting same at the City Hall for two weeks, and such eleCtion that may be held upon such notice. Nominations for the office of City Councilman shall be by a primary election to be held two weeks prior to the first Tuesday in December of each year or as otherwise provided in this section. The time and manner of qualifying as a candiate in said primary election shall be regulated by ordinance of the City of Boynton Beach, Florida. The names of all candidates who qUalify f such primary'elections in accordance With Article II', Section 17 -4- of the City Code shall be printed upon the primary election ballot if such primary election is held. tm-~he-eYem-m~mbe~ed-yea~s-whem ~h~ee-ee~meftmem-a~e-~e-be-etee~ed?-if-me~-me~e-~am-~i~-eam~i~a~e~ q~ati~Y-fe~-~e-P~ma~y-etee~iemv-~hem-~e-s~-eam~i~a~es-s~att-~e. ~ee~a~e~-~he-~emimees-am~-e~i~eg-~e-~a~_~i~_~ame~_~i~ ~ha~-fe~-eam4i~a~es-9~aAify-fe~-s~eh-p~ima~y_e~ee~emv.a_p~ima~y_ geme~at-e~ee~ism-balt8~= If' no~~ more than two~ candidates qualify ~r'imary election'in' any one distr'ict', then' those Candidate shall be' deemed the nominees' an'd entitled to have, their names p'rinted on ~the 5eneral'~eTec't~io~b'a'llot ~and' no~ primary e%'e'Ction shall~ be' hleld' If more' than~ two Candida'tes~qualify'f'or such pri- maryel~ec'ti'on in'~any one di's~tr'ic~t', th~eprimary elec'tion- shall be hel'd'and~the two cand±'ates reCeiVing th'e'ki'ghe.'s~t~ ~umber of vo'tes cast in 'e'achi'district in 'said primary eTection 'shall be declar~ed the nomineesand entitled tO have their names printed on 'the 'eleCtion ballot. Any candidate who qualifies for the primary election for councilmen and participates in the primary eIeCtion and is not nominated in such primary election, shall thereupon become disqualified to be elected as a councilman in the next ensuing election for councilmen. -5- ARTICLE VII. Elections Section 139. Election of nominees of primary election. The names of the nominees who are nominated in the pri- mary election shall be placed upon the ballot in the general municipal election, tm-~e-e~-m~m~e~e~-yea~s~-~.e-~we-~amdi~a~s ~eee~w~mg-~e-~g~es~-m~m§e~-ef-~s~es-eas~-~m-~.e-geme~at-etee~sm s~att-§e-~eeta~e~-etee~e~=--tm-~e-evem-m~m~e~e~-yea~sv-w~ea-a~ee e~meftmem-a~e-es-~e-etee~e~r-~Re-~R~ee-eaa~fRa~es-~eeefvfmg-~e- h~g~es~-m~m~e~-ef-¥e~es-eas~-~m-sa~-geme~at-etee~e~-s~at!_§e ~eela~e~-e½ee~e~. The c'an'didate' reCe±ving th'e h'ighes't number of votes cast for each' district in 'the general elect'ion ~shall be dec'lar'ed elected~ Section 2. Should Ordinance No. 80-41 be approved by the voters at the referendum election to be held at the city-wide general election of December, 1980, the City Council proposes an amendment to Chapter 61,1889, Special Laws of Florida~ as amen. ded~ more commonly known as the Charter of thee City of Boynton Beach, Florida, by amending Article II, "City Council", Section 17~ Election, Terms and Vacanczes~ and'~ "Article VII ~tions", Section 138 "Call by Mayor, Publication of Proclama- Nominations, Qualifications of Candidates', Primaries'~ and :le VII, " ' " Electzons:~. Section 139 "Election of Nominees of Election" to read as follows: ARTICLE II. City Council Section 17. Composition, election, terms, vacancies. ~he~e-shatt-~e-~ive-mem~ews-e~-~he-Gi~y-ge~meit-etee~e~ ~y-a~-Aa~ge7-am~-att-ef-~he-9~atifie~-we~e~s-ef-~he -Gi~y-shatt-~e-allewe~-~e-we~e-~e~-~he-etee~iem-e~-all ~e-etee~e~-~e-~he-G~y-ge~me~t~--~e-~e~m-ef-effiee ~-Ge~meft-~embe~s-s~a~-be.-~e~-~we-y. ea~e~--~ee_mem~e~ e-e[ee~e~-~-~e-e~-aam~ewe~_¥eawsv_a~[ess -6- ~e¥~e~-~see~fea-D~?-~-e~e~-~e-e~y-e~-~e-fa~ea~-a~_meaa~ ~f-~fs-Aee. The City Council shall consist of five 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 of the five districts, a candidate must reside within the ·boundaries of said district. The boundary for each of the five districts shall be as follows: -7- Said districts shall be reapportioned on t.h.e basi.s, oR pop~la~. tion in .1990. u. si.n.q, the census informa.tion of the..199.0. Qfficial. Florida State and Federal Census and each ten (10) ye:ars thereaftez on the basis Of the then completed census. City Council Members shall first qualify 'by districts and be elected under the provisions of this S~ction in 1982. City Members shall qualify in Districts 2 and 4 respectively in and shall be elected for two-year terms and City Council Members elected in 1983 shall qualify in Districts 1, 3 and 5 respec- tively, shall be elected for two-year terms and thereafter all for Council Members shall be for two years and two members of the Ci' Council shall be elected in even numbered years and three members shall be elected in the odd numbered years, unless a vacan( or vacancies exist, in which event successors fo~ 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 .~1 A t.* C ARTICLE VII. Elections Section 138. Call by Mayor, publication of proclamation; nominations, qualification of candidates, primaries. All general and special elections, unless otherwise provided in this Act, shall be called by proclamation of the Mayor; publish mn a newspaper published in the City of Boynton Beach, Florida, on a week for two consecutive weeks, or, if no newspaper is published in the City of Boynton Beach, Florida, by posting same at the City Hall for two weeks, and such election that may 'be held upon such notice. Nominations for the office of City Councilman shall be by a primary election to be held two weeks prior to the first Tuesday i March of each year or as otherwise provided in this Section. The time and manner of qualifying as a candidate in said primary elect: shall be regulated by Ordinance of the City of Boynton Beach, Flor~ names of all candidates who qualify for such primary elections --8-- accordance with Article II, Section 17 of the City Charter shall printed upon the primary election ballot if such primary election held. p~&~e~-e~-~be-ge~e~e~-e~ee~ie~-~e~e~. Zf not mere than two cs dates qualify for the primary election in any one district, then those candidates shall 'be deemed the nominees a~d entitled to have their names printed on the general election ballot and no primary election shall be held. If more than two candidates qualify for such primary election in any one district, the primary election sh be held and the two candidates receiving the highest number of vot~ cast in each district in said primary election shall be declared t[ nominees and entitled to have their names printed on the general election ballot. Any candidate who qualifies for the primary elec tion for councilmen and participants in the primary election and i~ nominated in such primary election, shall thereupon become dis qualified to be elected as a councilmen in the next ensuing electi for councilmen. e -9- ARTICLE VII. Elections Section 139. Election of nominees of primary election. The names of the nominees who are nominated in the pri- mary election shall be placed upon the ballot in the general municipal election, tm-~e-s~-m~umbe~e~-yea~sT-~e-~ws-eam~i~a~es ~eee~¥~mg-~he-h~ghes~-m~mbe~-e~-we~es-eas~-~m-~he-geme~at-etee~em shatt-§e-~eeta~e~-etee~e~=--tm-~he-ewem-m~m~e~e~-yea~s~-whem-~h~ee es~meftmem-a~e-~s-be-etee~e~v-~e-~ee-eam~f~a~es-~eee~¥f~g_~e h~ghes~-m~m§e~-e~-ve~es-eas~-im-sa~-ge~e~at-eIee~&em-shalt-B~ ~eeta~e~-etee~e~. The candidate receiving the highest number of votes cast for each district in 'the general election shall be declared elected. Section 3. That the official ballot title of said referendum as required by Florida Statutes 101.161 (1980) shall read as follows: "Boynton Beach City Council Election Procedures Amendment, Districting." SectiOn 4. That the official substance of the amendment to be placed on the ballot in said referendum as required by Florida Statutes 101.161 (1980) shall read as follows: Amendment to the City Charter of the City of Boynton Beach, Florida by: (1) Providing that the City Council of the City of Boynton Beach shall qualify from Districts and be eleCted at Large. yes no Se'cti'on 5~ 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 referendum may be placed on the ballot for DeCember of this year and that said City Clerk is further required to take all actions necessary to see that said referendum is placed on the ballot at the time of the municipal election, -10- Section 6. This Ordinance shall become effective ten (10) days after said has been passed by a majority of the qualifiec of the electors of the City voting in the referendum election. Section 7. Should any portion, sentence, paragraph or word of this Ordinance be declared by a court of competent juris- diction to be invalid, said ruling shall not affect the remainder of this Ordinance. FIRST READING this ~./~ day of SECO~ AND FINAL READING this ~/ 1980. ATTEST: ~ , 1980. day Of ~ ~ CITY OF BOYNTON BEACH, FLORIDA Y ~ ~ Mayor ~ (Corp. Seal) -11- That portion of the incorporated c~ty lying W of the E ROW line of the SAL RR and S of Woolbright Road existing and as proposed to be extended westward.' Plus, that portion of the in- corporated city lying W of the Lake-Worth Drainage District Canal E-4 (LWD~ E-4) t N of Woolbright Road, existing and as proposed to' be extended westward and S of Old Boynton Road. That portion of the incorporated city lying east (E) of the E r~ght-of-way (ROW) line of the Seaboard Airline Railroad (SAL RR) and south (S) of Woolbright Rd projected E to the Atlantic Ocean. P!us~ all lands lying S of the Snug Harbour Con6ominium~, E of U.S. ~1 north (N) of Woolbright Road and west (W) of the Intracoastal Waterway (~C ~5~). That portion of the incorporated city lying W of the E ROW line of the SAL RR and S of Woolbright Road existing and as propose~ to be extended westward. Plus, that portion of the in- corporated city lying W of the Lake Worth Drainage District Canal E-4 (LWD~ E-4), N of Woolbright Road, existing and as proposed to be extended westward and S of Old Boynton Road. / That portion of the incorporated city lying east (E) of the E right-of-way (ROW) line of the Seaboard Airline Railroad (SAL RR) and south (S) of Woolbright Rd projected E 6o the Atlantic Ocean. Plus, all lands lying S of the Snug Harbour Condominiums, E of U.S. ~1 north (N) of Woolbright Road and west (W) of the'Intracoastal Waterway (zc ~). ~i, str'ict III That portion of the incorporated city lying W of the lC N of WoolbrJght Road, E of LWDD E-4, and S of NE/NW 2nd Avenue. Plus a parcel of land within the following described area: commencing at the intersection of N.E. 2nd Avenue and the E ROW line of the Florida East Coast Railroad (FEC RR)~ thence, proceed E' along the centerline (CL) of N oE. 2nd Avenue to the' CL of the IC WW, thence N along the CL of the IC WW to the N line of .D. ewey's Subdivision projected eastward being a line south of the Harbour Hall Inlet Club Condominium, thence west along the N lfne of Dewey's Sub- division to the CL of. N.E. 7th Street projected S, thence N along the projected CL of N.E. 7th Street to the CL of N.E. 7th Avenue~ thence W along, the CL of N.Eo 7th Av.e~ue to the intersection with the'CL of U.So 1, ~hence south along, the CL of US 1 to the CL of N.E. 6th Avenue~ thence W along the CL of N.E. 6th Avenue to E ROW line of 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 arbour .Condominiums, E. of U~S. l~ N of Woolbright Road and W of the IC District IV 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-G, thence proceed east along the CL of N.E./N.W. 2nd Avenue %o 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. 6th Avenue to the CL of U~S. 1, thence N along the CL of U.S. 1, to the CL of N~E. 7th Avenue, thence east along the CL of N.E~ 7th Avenue to the CL of N.E.-7th Street, thence S along the CL of N.E. 7%h Street projected to the N line of Dewey's SubdiviSion, being a line south of the Harbour Hall Inlet Club condominum~ thence E along the N line of Dewey's Subdivision to the E city limit-being the CL of the IC ~W, thence N along said E city limit line to the N city limit ~ne being the easterly extension of the north line of the St'of the N% of Section 15~ Range 43E~ Township 45S, and also 'being the Jxtension of the north line of Lake City Trailer Park, thence W along said N city limit line to the E ROW line of the FEC RR, thence S along said E ROW line oft he FEC RR~ to the 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 the ~ntersection with the CL of N.E. 3rd Court~ thence S along the CL of N.E. 3rd Court to the CL of N.E. 17th.Avenue~ thence W along the CL of N.Ei t7th Avenue projected westward to the intersection of the E ROW District IV - continued line of the SAL RR, thence S along the E ROW line of the SAL RR to t~he N line of the Boynton Canal, thence W along the N line of the Boynton Canal to the CL of Congres~ Avenue~ thence S along the CL of Congress Avenue to the CL of Old Boynton Road, thence E along' the CL of Old Boynton Road to the CL of LWDD E-4 f thence S along the CL of' LWDD E-4 to the CL of N.W. 2nd Avenue and the point of beginning o District V That portion of the incorporated city lying E of the E ROW line of the SAL RR, N of the CL of Boynton Parkway/N.E. 17%h Avenue projected eastward to the E ROW line of ~he FEC RR and lying W of the E ROW line of %he FEC RR. Plus, tha~t portion of the incorporated city lying W of the E ROW line of the SAL RR and N of the N line of the Boynton Canal. District III That portion of the incorporated city lying W of the IC N of Woolbright Road, E of LWDD E-4, and S of NE/NW 2nd Avenue. Plus a parcel of land within the following described area: commencing at the intersection of N~Eo 2nd Avenue and the E ROW line of the Florida East Coast Railroad (FEC RR) ~ thence proceed E along centerline ('CL) of N.E. 2nd Avenue to the'CL of the IC %~ thence N along the CL of the IC WW to the N line of Dewey's Subdivision projected eastward being a line south of the. Harbour Hall Inlet Club Condominium, thence west along the N line of Dewey's Sub- division to the CL of NoE. 7th Street projected S, thence N along %he projected CL of N.E. 7th Street %o the CL of N.E. 7th Avenue, thence W along the CL of N.E. 7th AveNue to the intersection w~th the CL of U.S. 1,' thence south along the CL of US 1 to the CL of N.E. 6th Avenue~ the'nce W along the CL of N.E. 6th Avenue to the E ROW line of 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 Woolbright Road and W of ~he lC District IV That portion of the incorporated ~ity 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-U, thence proceed east along the CL of N.E~/N.W. 2nd ~enue 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..6th Avenue to the CL of U.S. 1, thence N along ~the CL of U.S. 1, to the CL of N.E. 7th Avenue, thence east along the CL of N.E. 7%h Avenue to the CL of N.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 Harbour Hall Inlet Club Condominum, thence E alon~~ the N line of Dewey's Subdivision to' the E city limit being the CL of the IC WWr thence N along said E city limit line %o the. N city limit line being the. easterly extension of the north line of the S½ of the N½ of Section. 15, Range 43E~ Township 45S, and also being the extension of the north line of Lake City Trailer Park~ thence W along said N city limit line to-the E ROW line of the FEC RR, thence S along said E ROW line of~e FEC RR~ to %he S l~ne of Lake Street projected westward as it exists as of this. date, thence W along said projected S line of Lake Street to~ the intersection. with the CL of N~E. 3rd Court~ thence S along the CL of N.E. 3rd Court to the CL of N.E. 17th Avenue~ thence W along the CL of 17th Avenue projected westward to the intersection of the E ROW District IV - continued line of the. SAL RR, thence S along the E ROW line of the SAL RR to the. N line of the Boynton Canal~ thence W along the N line of the Boynton Canal~.~.to..~.~the cL of Congress Avenue8 thence S along the CL of Congress Avenue to the CL of Old Boynton Road, thence E along the CL of Old Boynton Road to the CL o.f LWDD E-4~ thence S along the CL of LWDD E-4 to the CL of NoW. 2nd Avenue and the point of beginning. District V That portion of' the incorporated 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, %bat portion of the incorporated city lying W of the E R~{ line of the SAL RR and N of the N line of the Boynton Canal.