13-002 1 ORDINANCE NO. 13 -002
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4 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA
5 SUBMITTING TO REFERENDUM AMENDMENTS TO THE CITY
6 CHARTER TO PROVIDE FOR THE ADOPTION OF A REVISED
7 CITY CHARTER; TO PROVIDE FOR A CANDIDATE TO BE
8 ELECTED UPON RECEIVING FIFTY PERCENT (50 %) PLUS ONE
9 OF THE VOTES VALIDLY CAST IN AN ELECTION; PROVIDING
10 FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM
11 ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE
12 STATE OF FLORIDA ELECTION CODE; PROVIDING THAT THIS
13 ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE
14 QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH,
15 FLORIDA, ON THE MARCH, 2013 GENERAL MUNICIPAL
16 ELECTION BALLOT AND SHALL BECOME EFFECTIVE AS
17 PROVIDED BY LAW AND FIRST IMPLEMENTED AT THE
18 MARCH 2014 ELECTION; PROVIDING FOR CONFLICTS;
19 PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
20 EFFECTIVE DATE.
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22 f WHEREAS, Chapter 166, Florida Statues, as amended, provides for a methodology of
23 Charter amendments supplementary to and not in conflict with the Charter of the City of
24 Boynton Beach ( "City "); and,
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26 WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an
27 amendment may be submitted to a referendum vote by the City Commission through the
28 adoption of an Ordinance calling for such a referendum election; and,
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30 J WHEREAS, the City Commission previously authorized the establishment of a
32 I Charter Review Commission to engage in a comprehensive review of the City Charter; and,
33 WHEREAS, the City Commission has publicly reviewed, considered, and directed
34 that this Ordinance be prepared and that the appropriate Charter Referendum question be
35 included herein and submitted to the qualified electors of the City of Boynton Beach, Florida,
36 at the March, 2013, General Municipal Election.
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38 NOW, THEREFORE, BE IT ORDAINED BY THE CITY OF BOYNTON
39 BEACH, FLORIDA, THAT:
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41 ; SECTION 1. The foregoing "Whereas" clause is hereby ratified as being true and
42 correct and incorporated herein by this reference.
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44 SECTION 2. The City Charter is hereby revised to read as follows:
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1 SEE EXHIBIT "A" ATTACHED HERETO AND
2 INCORPORATED HEREIN BY REFERENCE
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4 SECTION 3. The B allot Title shall be as follows:
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6 PROVIDE FOR 50% PLUS ONE OF THE VOTES IN
7 ORDER TO BE ELECTED
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9 SECTION 4. The following question shall be placed on the ballot for consideration
10 by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General
11 Municipal Election in Palm Beach County, Florida. The election ballot question shall read as
12 follows:
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14 The current City Charter provides for a runoff election when a
15 candidate with the highest number of votes receives less than 35% of the
16 votes cast. Should the Charter be amended to require a runoff when no
17 candidate receives fifty percent (50 %) plus one of the votes cast in the
18 2014 municipal election and thereafter?
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20 YES NO
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22 SECTION 5. That should a majority of electors voting on the above - referenced
23 referendum election vote "YES," thereby approving the above ballot issue the revised charter
24 language shall become a part of the Charter of the City of Boynton Beach, Florida.
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26 SECTION 6. That the City Clerk is hereby directed to insure that the appropriate
27 numbers and /or letters are affixed to the Articles and Sections of the Charter in order to
28 conform the Charter to the amendments if approved.
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30 SECTION 7. The City Clerk of the City of Boynton Beach is hereby authorized and
31 directed to advertise the referendum election contemplated herein in accordance with the State
32 of Florida Election Code, as well as the City's Charter and Code of Ordinances.
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34 SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the same
35 3 are repealed to the extent of such conflict.
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37 SECTION 9. If any clause, section or other part of this Ordinance shall be held by any
38 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid
39 part shall be considered as eliminated and in no way effecting the validity of the other provisions
40 of this Ordinance.
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42 SECTION 10. This Ordinance shall become effective immediately upon its passage and
43 adoption.
44 SECTION 11. Effective Date of Proposed Charter Amendments. The
45 Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those
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1 electors voting in the March, 2013 election in the City of Boynton Beach and shall first be
2 implemented for the March 2014 election.
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4 PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY OF
5 BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS / 5 DAY OF
6 __z,, 2013.
7 ` T �~ rr
8 SECOND, FINAL READING AND PASSAGE THIS DAY OF Fe- to rtt.ar�/ ,
9 1 2013. /
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11 CITY OF BOYNTON BEACH, FLORIDA
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15 Mayor_ : • e • w
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�� Ma • c Mc •
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T ---
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21 • iss'i er — J- aylor
22 '
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24 Commission- - Steven Holzman
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26 - � i� r
27 Co Ton er — r -T a 5`egal
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29 ATTEST:
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32 YM Q e • ! I .
33 dr M. Prainito, MMC
34 Clerk
35 Y
�\ O
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3 EXHIBIT "A"
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5 Sec. 17. Composition, election, terms, vacancies.
6 (a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of
7 the City of Boynton Beach and have resided within the City for a period of not less than one
8 (1) year prior to filing for office, and who shall have attained the age of twenty -one (21) years
9 on or before the date the candidate files and qualifies for office. The Mayor of the City of
10 Boynton Beach may reside in any of the four (4) election districts and shall be elected by a
11 city -wide vote.
12 ( (b) There shall be a City Commission of four (4) members elected from each of the four
13 (4) election districts within the City, and a Mayor who is elected by a city -wide vote. Each
14 City Commissioner and each candidate for City Commissioner shall reside in the election
15 district from which he or she is (to be) elected. A candidate for a Commission district seat
16 must reside, for a period of not less than one (1) year prior to filing for election, in the district
17 from which the candidate seeks election. Voters shall vote for only one (1) candidate in each
18 election district in which the voter resides, and one (1) candidate for Mayor.
19 (c) Qualifications for City Commissioners. Only qualified electors who have resided in
20 the City of Boynton Beach for at least one (1) year immediately prior to the election and who
21 shall have attained the age of twenty -one (21) years on or before the date the candidate files
22 and qualifies as a candidate for office shall be eligible to hold the office of City
23 Commissioner. Each Commissioner and each candidate for Commissioner, commencing
24 with the election in March 2014 shall be elected from the election district in which he or she
25 resides, subject to the %fifty percent (50 %) plus one rule and runoff procedures set forth in
26 Section 139 of the City Charter. Once elected, a Commissioner from an election district shall
27 remain a resident of the election district and the City of Boynton Beach during his/her term of
28 office or shall forfeit his /her office.
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31 Section 139. General and run -off elections.
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33 A special election for any purpose shall be held as provided in the Charter or by ordinance
34 not inconsistent herewith. In every election to any office, the candidate receiving the highest
35 percentage of the vote in excess of fiftythirty-five (3550 %) percent plus one of the votes
36 validly cast shall be declared elected. If, in any election, no candidate receives in excess of
37 thirty five fifty (5035 %) percent plus one of the vote in the first election, a second election,
38 limited to the two (2) candidates receiving respectively the highest and the next highest
39 number of votes in the first election shall be held on the fourth Tuesday in March of the
40 calendar year, and the candidate receiving the higher number of votes in the second election
41 shall be declared elected.
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