12-022 I
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2 ORDINANCE NO. 12 -022 `/
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5 AN ORDINANCE OF THE CITY OF BOYNTON BEAC • , FLORIDA
6 SUBMITTING TO REFERENDUM AMENDMENTS ' 0 CURRENT
7 CITY CHARTER SECTION 19 REGARDING RM LIMITS;
8 INCREASING THE MAXIMUM NUMBER O. THREE YEAR
9 TERMS FROM TWO TO THREE FOR A TOT , OF NINE YEARS
10 THAT A MEMBER OF THE COMM : ION CAN SERVE
11 CONSECUTIVELY; PROVIDING FOR A NOTICE OF AN
12 ADVERTISEMENT OF THE REFEREN i UM ELECTION TO BE
13 PUBLISHED IN ACCORDANCE WIT HE STATE OF FLORIDA
14 ELECTION CODE; PROVIDING TH ' THIS ORDINANCE, WHEN
15 ADOPTED, SHALL BE SUBMI ' ED TO THE QUALIFIED
16 1 ELECTORS OF THE CITY OF B' YNTON BEACH, FLORIDA, ON
7 \ THE MARCH, 2013 GENERAL UNICIPAL ELECTION BALLOT
AND SHALL BECOME EFF ' CTIVE AS PROVIDED BY LAW;
A.:2&1,/ AUTHORIZING RENUMBE' ING OF CHARTER SECTION 19;
PROVIDING FOR CON ' ICTS, SEVERABILITY; AND AN
EFFECTIVE DATE.
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■ 3 WHEREAS, Chapter 16. Florida Statues, as amended, provides for a methodology of
24 Charter amendments suppleme tary to and not in conflict with the Charter of the City of
25 Boynton Beach ( "City "); and,
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2 WHEREAS, Char, er 166, Florida Statutes, as amended, provides that such an
28 amendment may be sub itted to a referendum vote by the City Commission through the
29 adoption of an Ordinan' e calling for such a referendum election; and,
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31 WHEREAS the City Commission previously authorized the establishment of a
32 Charter Review C. mission to engage in a comprehensive review of the City Charter; and,
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34 WHE ' ' AS, the City Commission has publicly reviewed, considered, and directed
35 that this Ord' ance be prepared and that the appropriate Charter Referendum question be
36 included her in and submitted to the qualified electors of the City of Boynton Beach, Florida,
37 at the Mar , 2013, General Municipal Election.
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39 '' OW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON
40 BEA / , FLORIDA, THAT:
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42 SECTION 1. The foregoing "Whereas" clause is hereby ratified as being true and
43 • • rrect and incorporated herein by this reference.
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45 SECTION 2. The City Charter is hereby revised to read as follows:
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1 Sec. 19. Terms of elective offices. %
2 (a) All elective offices shall be for the term of three (3) years a no person shall be
3 eligible to hold any elective office or combination of offices for more nine (9) years or
4 three (3)two (2) consecutive terms. For purposes of this section, elective office shall include
5 both mayor and commission member.
6 (b) The resignation from, or forfeiture of, an elective o ice during any part of a three (3)
7 year elective term shall be deemed to constitute a full an omplete term under the provisions
8 of this section.
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10 SECTION 3. The Ballot Title shall be as f', lows:
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12 AMENDING CHARTER 1 PROVIDE FOR CITY
13 COMMISSION TERM LIMITS OF THREE
14 CONSECUTIVE THREE EAR TERMS
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16 SECTION 4. The following • , estion shall be placed on the ballot for consideration
17 by the qualified electors of the City • Boynton Beach, Florida, at the March, 2013, General
18 Municipal Election in Palm Beach aunty, Florida. The election ballot question shall read as
19 follows:
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21 Members of the City ommission (Mayor or Commissioner) are now
22 limited to two (2) th e-year consecutive terms. Should the Charter be
23 amended to allow f• three (3) three -year consecutive terms?
24
25 Y . NO
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27 SECTION 5 That should a majority of electors voting on the above - referenced
28 referendum electio vote "YES," thereby approving the above ballot issue the revised charter
29 language shall be *me a part of the Charter of the City of Boynton Beach, Florida.
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31 SECT 1 N 6. That the City Clerk is hereby directed to insure that the appropriate
32 numbers an. or letters are affixed to the Articles and Sections of the Charter in order to
33 conform th Charter to the amendments if approved.
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35 CTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and
36 directed to advertise the referendum election contemplated herein in accordance with the State
37 of Fly ida Election Code, as well as the City's Charter and Code of Ordinances.
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39 SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same
40 . e repealed to the extent of such conflict.
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42 SECTION 9. If any clause, section or other part of this Ordinance shall be held by any
43 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid
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1 part shall be considered as eliminated and in no way affecting the validity of the other p isions
2 of this Ordinance.
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4 SECTION 10. This Ordinance shall become effective immediately us passage and
5 adoption. /
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7 SECTION 11. Effective Date of Pro s osed Cha • r Amendments. The
8 Proposed Charter Amendments will take effect upon the affirmat e vote of a majority of those
9 electors voting in the March, 2013 election in the City of Boynt. Beach.
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11 PASSED AND ADOPTED BY THE CITY CO 1 ISSION OF THE CITY OF
12 BOYNTON BEACH, FLORIDA, ON THE FIR READING, THIS 4 DAY OF
13 DECEMBER, 2012.
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15 SECOND, FINAL READING AND PASSA THIS 15 DAY OF JANUARY 2013.
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17 CIT OF BOYNTON BEACH, FLORIDA
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21 Mayor — Woodrow L. Hay
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24 Vice Mayor — Mack McCray
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27 Commissioner — Jerry Taylor
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30 Commissioner — Steven Holzman
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33 Commissioner — Wayne Segal
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35 ATTE :
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37 '
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39 anet M. Prainito, MMC, City Clerk \ 40 (Corporate Seal)
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45 S \CA \Ordinances \Ordinance - Charter Amendment (Three Consecutive Terms)FINAL doc
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