O98-13ORDINANCE NO. O98-/~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO
REFERENDUM AN AMENDMENT TO SECTION 50 OF THE
CITY CHARTER ENTITLED TERMS OF ELECTIVE
OFFICES; ALLOWING FOR UNLIMITED TWO YEAR
TERMS OF ALL ELECTIVE OFFICES; 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,
Florida has determined that it is mn the best interest of the
citizens of the City to submit to the electorate a referendum
question which, if passed, would have the effect of changing the
terms of elected officials from two (2), two (2) year terms to
unlimited two (2) year terms, thereby creating better stability
and continuity of the leadership of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing whereas clause is true and
correct and is now ratified and confirmed by the City Commission.
CODING:
Words in ~'-~ ~ ..... ~
............. ~ type are deletion
from existing law;
Words in underscored type are additions.
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Section 2. That Section 50 of the City Charter of the
City of Boynton Beach shall be amended to read as follows:
Sec. 50. TERMS OF ELECTIVE OFFICES.
(a). All elective offices shall be for the term of
two (2) years. The number of terms an elected officer
may hold is not limited ~ ........ shall be
, ...... c .............. For purposes of this section,
elective office shall include both mayor and commmssion
member.
(b) The resignation from, or forfeiture of, an
elective office during any part of a two (2) year
elective term shall be deemed to constitute a full and
complete term under the provisions of this section.
Section 3. The amendment of Section 50 of the City
Charter of the City of Boynton Beach shall not take effect unless
and until the proposed amendment ms submitted to the vote of the
electors of the City of Boynton Beach at the general election held
in November, 1998 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:
CODING:
Words in ~~ Pm ..... ~
............. ~ type are deletion
from exisEing law;
Words in underscore_____d type are additions.
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AN AMENDMENT TO CITY CHARTER SECTION 50,
TERMS OF ELECTIVE OFFICES
THE LENGTH OF EACH TERM WOULD REMAIN AT TWO
(2) YEARS. THE NUMBER OF TERMS AN ELECTED
OFFICER COULD HOLD WOULD NOT BE LIMITED. THIS
AMENDMENT OF THE CITY CHARTER WOULD ELIMINATE
THE CURRENT TWO TERM LIMIT ON HOLDING ELECTED
OFFICE.
SHOULD SECTION 50 OF THE CHARTER BE AMENDED AS
PROPOSED?
YES NO
Section 5.
The city Clerk of the City of Boynton Beach,
Florida is hereby authorized and directed to advertise the
referendum election contemplated herein in accordance with the
Code of Ordinances of the City of Boynton Beach, the .City Charter
of the City of Boynton Beach, and the State of Florida Election
Code.
Section 6. Ail Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith shall and
the same are hereby repealed to the extent of such conflict only
upon passage of the referendum.
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 eliminaned and not effecting the
CODING:
Words in strikc through type are deletion
from existing law;
Words in underscore____d type are additions.
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validity of the remaining portions of the Ordinance and its
application shall remain in full force and effect.
Section 8. This Ordinance shall become effective only
upon passage of the referendum question at the November 3rd, 1998
General election.
FIRST READING this 21st day of April, 1998.
SECOND, FINAL READING and PASSAGE this ~ day of May, 1998.
ATTEST:
CItY CLERK
(CORPORATE SEAL)
%,
Co~mi~n~/
Co~issio, her
Commi s s i one r
CODING:
Words in ~+~-~ *~ .....
............. ~h type are deletion
from existing law;
Words in underscore~ type are additions.
ca\ord\charter term limits 2
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