O80-41ORDINANCE 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, ADOPTED BY
THE FLORIDA LEGISLATURE A~ BEING KNOWN
AS CHAPTER 61-1889, SPECIAL LAWS OF FLDRIDA
AS AMENDED, PROPOSING AN AMEND~NT TO
ARTICLE II, CITY COUNCIL, SECTION 15,
ARTICLE IV, ADMINISTRATION, SECTION 53,
ARTICLE VII, ELECTIONS, SECTION 138 AND
SECTION 141, PROPOSING AN AMENDmeNT TO
CHANGE THE DATE OF THE GENERAL ELECTION
FOR THE CITY OF BOYNTON BEACH FROM DECEMBER
TO MARCH BEGINNING IN 1982; PROVIDING AN
EFFECTIVE DATE AND FOR OTHER PURPOSES~
WHEREAS, the Charter of the City of Boynton Beach pre~
sently provides the general election for the election of City
Council Members shall be held on the first Tuesday of December in
each year, ~nd
%II~EREAS, it has been proposed that the electors of the
City should consider whether they wish to retain the present
general election in the. month of December or change the date of
the general election to the first Tuesday in March of.each year
and altering the commencement date. of the terms of Council Members
from the first Monday in January follOwing the eleCtion or the fir:
working day following the first Monday in January to the first
Monday in April following their eleCtion or the first working day
following the first Monday in April with terms of Counicl Members
who are presently serving being extended until their successors
are elected and qualified under the provisions of the Charter.
NOW, THEREFORE, BE AND IT IS ORDAINED BY THE CITY COUNCIL
OF THE CITY OF BOYNTON BEACH:
Section 1. 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 15 to read as follows:
Sec. 15. Bes~gaa~enT-Speeiat-etee~ie~.
~he-geYe~i~g-~eRy-ef-~he-~i~y-ef-Beya~en-Beaeh.-shat
§e-eempese~-ef-fiYe-membe~s-etee~e~-a~-~a~ge-a~
sha½~-~e-~esf~aa~e~-as-~he-g~¥-ge~ae~-ef-~he-gf~y-ef-~eya~en
~eaeh?-~e~da?-9=~--~he-~e~m-ef-efffee-ef-sa~d-ee~aeffmea-sha~-b,
Rwe-yeaws~--~aa~-Ee~ee~?-~-V~-~a~e~sa~-aa~-G=-~easea~-~he~a~e-
aew-se~¥ia~-as-gemmissie~e~s-ef-~he-gi~y-ef-Beya~ea-~eaehv-sha~--
se~ve-as-Ge~aeffmea-e~-~he-gi~y-ef-~eya~ea-Eeaeh-aa~-Sha~-he~
effiee-~m~it-~he-fi~s~-Mea~ay-im-~amaa~y?-~949v-e~-~he~eaf~e~-~a~il
~hei~-s~eeesse~s?-w~e-s~at~-~e-e~ee~e~-a~-~e-~e~e~a~-e~ee~ie~-~e
s~e~-ee~aei~mea~-aa~-sai~-s~eeesse~s-s~a~-§e-e~ee~e~-fe~-a-~eRa
ef-~we-yea~s.
~a~-a-spee~at-e~ee~iem-s~a~-be-~e~-wi~ia-99-~ays
af~e~-~fs-Ae~-~eeemes-a-~aw-a~-w~ie~-e~ee~iea-~we-ee~Bei~mea,
ee~aef~mea~--~ae~eaf~e.~,a~-eae~-aaB~at-e~ee~iea-~e-ee~ei~mea
s~-be-etee~e~-fe~-~eEas-ef-~we-yea~s.
The Co~.cil Members who are elected in elections held in
Beeembe~ ~arch of any year shall ass~e office on the first Monday
in ~aa~a~y April followinE their election or on the first workin~
day followinE the first Monday in ~aa~a~y ~pril should the first
Monday in ~aa~a~y %pril fall on a legal holiday and shall, with
other Council Members, i~ediately orEanize in accordance with the
provisions of Section 53 of this Charter and shall then proceed
to select the officers and employees desi~ated in Section 49
of this Charter.
SeCtfon 2. The City Co~cil proposes an amendment to
chapter 61-1889 more co--only knoE as the Charter of the City of
Boynton Beach., Florida, by amendinE Article IV, Administration,
SeCtion 53 to read as follows:
Section 53~ Mayor, Vice Mayor; election, procedure.
The Co~cilman receivinE the hiEhest n~ber of votes in e~
~eneral election shall, at the first meetinE of the City Council
~aa~a~y ~pril. of the year i~ediately followin~ his election,
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be designated as Vice Mayor of the City to serve in such capacity
for a period of one year. Upon completion of said one year term,
the Vice Mayor shall'automatically ascend to the office of Mayor
of the City for a term of one year. In the event of a vacancy in
the office of Mayor, the Vice Mayor shall automatically assume the
duties of said office and complete the term of the vacated office,
together with the term to which he would have been normally entitle
In the event of a vacancy in the office of Vice Mayor, the vacancy
on the City Council shall be filled by the Council in the manner
herein otherwise provided, and such officer thereafter elected by
a majority vote of entire City Council.
Section 3. 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 VII, Section 138
to read as follows:
Sec~ 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; publishe~d in a newspaper published in the City of Boynton
Beach, Florida, once a week for two consecutive 'weeks, or, if no
newspaper is published in th~ 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.
Nemima~ems-~e~,~.e,e~fiee.-ef-gi~y-ge~meitma~-shatt
§e'~y-a-p~ima~y-e~ee~ie~-~e-~e~t~et~-'~we-week~-p~ie~-~e-~e,-f~s~-
~es'~ay-i~-Deeem~em-e~,-eae~Jyea~-e~-as-e~he~wise-p~8¥i~e~-i~,-~is
Nominations for the office of City Councilman shall
be by a primary election to be held two weeks prior to the first
Tuesday in March of each year or as otherwise pmovided in this
section. The time and manner of qualifying as a candidate in said
primary elections shall be regulated by ordinance of the City of
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Boynton Beach, Florida. The names of all candidates who qualify
for such primary elections shall 'be printed upon the primary
election 'ballot if such primary election is held. In the ~ odd
numbered years when three councilmen are to be elected, if not mor~
than six candidates qualify for the primary elction, then the six
candidates shall ~be declared the nominees and entitled to have
their names printed on the general election ~ballot and no primary
election shall 'be held. If in such ~ odd numbered years, more
than six candidates qualify for the primary election, a primary
election shall be held and the six candidates receiving the highest
number of votes cast in said primary election, shall be declared ~
the nominees and entitled to have their names placed on the genera
election ballot. In the ~d~ even numbered years, when two council-
men are to be elected, if not more than four candidates qualify fo~
the primary election, then the four candidates shall be declared
the nominees and entitled to have their names printed on the genera
election ballot and no primary election shall be held. If in said
~d~even numbered years more than~four candidates qualify for such
primary election, a primary election shall be held and the four
candidates receiving the highest number of votes cast in said
primary election shall be declared the nominees and entitled to
have their names printed on the general election ballot. Any
candidate who qualifies for the primary election for councilman
and participates in the primary election and is not nominated in
such.primary election, shall thereupon become disqualified to be
elected as a councilman in the next ensuing general election for
councilmen.
Section 4. That 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 VII, Section 141 to
read as follows:
Sec. 141.
Regular Municipal election, date; qualificatio
of electors for councilmen; method of holding
elections, special elections.
(4)
Regular Municipal elections shall be held on the first
Tuesday in Deeemb. e~ March every year, beginning in t943 1982.
Ne-pe~sea-~hat~-be-attewe~-~e-¥e~e-~-aay-etee~ea-fe~-~e_p~pese
ef-etee~fag-ge~aeitmen-whe-is-ae~-a-q~atifie~,ve~e~-ef-~he-~y,
aa~-wRe-~as-me~-~es~e~-im-~e-G~y-~e~-siE-mem~s-am~_im_~e
$~a~e-fe~-~wetve-mea~hs-imme~a~ety-p~eee~i~g-s~eh-etee~ie~v.aR~_
whe-has-~e~-~egis~e~e~-as-a-~e~e~-ef-sai~-Gi~y-i~-s~eh-ma~ae~_aR~
a~-s~eh-~ime-as-may-~e-p~ese~i§e~-~y-e~iRaRee. PrOVided that thos~
members of the City Council elected in 1979 shall hold office until
March of 1982 and further provided that those members of the
~ity Council elected in 1980 shall hold office until MarCh of 1983
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, ~hich
are not provided by the terms of this charter, and all elections
shall be conducted substantially on the principle adopted for Stat~
insofar as there are no conflicts with the terms of this
Charter~
Se'Ctiloh' 3. That tha official ballot title of said refer-
endum as required by Florida Statutes 101o161 (1~80) shall read
as follows:
"Boynton Beach City Council Election Procedures
Amendment, Date of General Election."
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 th~ City of
Boynton Beach, Florida by:
Changing the date of the general election from
December to March..
yes
no
Section 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
that said City Clerk is further required to take all actions neces.
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sary to see that said Referendum is placed on the ballot at the
time of the municipal election.
Section 6. This Ordinance shall become effective ten
(10) days after said has been passed by a majority of the qualified
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 ~ , 1980.
SECOND AND FINAL READING this ~%/ day of ~ ,
1980.
CITY OF BOYNTON BEACH, FLORIDA
C~cil Member
ATTEST
~orp. Seal)
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