12-021II
II
WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of
Charter amendments supplementary to and not in conflict with the Charter of the City of
Boynton Beach ("City"); and,
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WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an
amendment may be submitted to a referendum vote by the City Commission through the
adoption of an Ordinance calling for such a referendum election; and,
M I K I V U-J 0 M7&TJ U-117AMW I I If I I I I a I I rg L" I FAB W a K43 ow. I'm
WHEREAS, the City Commission has publicly reviewed, considered, and directed
that this Ordinance be prepared and that the appropriate Charter Referendum question be
included herein and submitted to the qualified electors of the City of Boynton Beach, Florida,
at the March, 2013, General Municipal Election.
NOW, THEIEFO.A]E, BE IT ORDAINED BY THE CITY OF BOYNTON
BEACH, FLORIDA, THAT:
SECTION 1. The foregoing "Whereas" clause is hereby ratified as being true ant
correct and incorporated herein by this reference.
NUM UM
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I I
I NEW] N iLNIMIX V NJ I I Milli D1 01 RAW W D1 NZMCINSJ��
CANDIDATES FOR MUNICIPAL OFFICE SHALL
RESIDE IN THE DISTRICT FOR WHICH THEY ARE
SEEKING OFFICE
SECTION 4. The following question shall be placed on the ballot for consideration
by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General
Municipal Election in Palm Beach County, Florida. The election ballot question shall read as
follows:
a&
ON
SECTION 5. That should a majority of electors voting on the above-referenced
referendum election vote "YES," thereby approving the above ballot issue the revised charter
language shall become a part of the Charter of the City of Boynton Beach, Florida.
SECTION 6. That the City Clerk is hereby directed to insure that the appropriat*
numbers and/or letters are affixed to the Articles and Sections of the Charter in order to
conform the Charter to the amendments if approved.
SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same
are repealed to the extent • such conflict.
SECTION 9. If any clause, section or other part of this Ordinance shall be held by any
court of competent jurisdiction to be unconstitutional • invalid, such unconstitutional or invalid
12art shall be considered as eliminated and in no way affecting the validitv of the o6er Movisio-cs,
IM1111wein
SECTION 10. This Ordinance shall become effective immediately upon its passage and
adoption.
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1 SECTION 11. Effective Date ':1 Provosed Charter Amendments. The
2 Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those
3 electors voting in the March, 2013 election in the City of Boynton Beach.
4 !,
5 PASSED AND ADOPTED BY THE CITY COMNHSSION OF THE CITY OF
6
BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS 4 DAY OF
7 DECEM[BER2012.
8
9 SECOND, FINAL READING AND PASSAGE THIS 15 DAY OF JANUARY 2013.
10
11 CITY OF BOYNTON BEACH, FLORIDA
24 Commissioner
J er r y S te v en for
;
Hol
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27
Co �b�ner — a Segal
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29 ATTEST:
30 j
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33 1 /JaneY'M. Prainito, MMC, City Clerk
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38 (c*
*oi 6 seal)
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40 S:\Cm; rdijrtance &p Charter Amendment (Residence at time of Election)FINAL.doc
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2 EXHIBIT "A"
3
4
5 See. 17. Composition, election, terms, vacancies.
6
7 (a) In order to qualify for the office of Mayor, a candidate must be a qualified
8 elector of the City of Boynton Beach and have resided within the City for a period of not less
9 than one (1) year prior to filing for office, and who shall have attained the age of twenty-one (2 1)
10 years on or before the date the candidate files and qualifies for office. The Mayor of the City of
11 Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city-
12 wide vote.
13
14 (b) There shall be a City Commission of four (4) members elected from each of the
15 four (4) election districts within the City, and a Mayor who is elected by a city-wide vote. Each
16 City Commissioner and each candidate for City Commissioner shall reside in the election district
17 from which he or she is (to be) elected at the time of the election. A candidate for a Commission
18 district seat must reside, for a period of not less than one (1) year prior to filing for election, in the
19 district from which the candidate seeks election. Voters shall vote for only one (1) candidate in
20 each election district in which the voter resides, and one (1) candidate for Mayor.
21
22 (c) Qualifications for City Commissioners. Only qualified electors who have
23 resided in the City of Boynton Beach for at least one (1) year immediately prior to the election
24 and who shall have attained the age of twenty-one (21) years on or before the date the candidate
25 files and qualifies as a candidate for office shall be eligible to hold the office of City
26 Commissioner. Each Commissioner and each candidate for Commissioner shall be elected from
27 the election district in which he or she resides, subject to the 35% rule and runoff procedures set
28 forth in Section 139 of the City Charter. Once elected, a Commissioner from an election district
29 shall remain a resident of the election district and the City of Boynton Beach during his/her term
30 of office or shall forfeit his/her office.
31
32 (d) Except as the result of a boundary c of a district, Tthe failure of a City
33 Commissioner to continue to reside within the district from which elected, or the Mayor within
34 the City, shall cause said City Commissioner or Mayor to automatically forfeit his/her office.
35 The tender of a resignation from any elective office shall immediately create a vacancy in that
36 office. Upon automatic forfeiture or the tender of any resignation, the remaining members of the
37 City Commission shall declare the office vacant and proceed to fill the vacancy as herein
38 otherwise provided, so long as the individual selected to fill the vacancy has resided in the same
39 district from which the original Commissioner resided for a period of not less than one (1) year.
40
41 (e) Any City Commissioner who ceases to possess the qualifications required by
42 this Charter, or is otherwise removed from office by lawful means, shall forfeit office, and it shall
43 be the duty of the remaining members of the City Commission to declare the office vacant and
44 proceed to fill the vacancy as herein otherwise provided.
45
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