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15-013 1 2 3 ORDINANCE NO. 15 -013 4 5 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 6 FLORIDA, SCHEDULING THE DATE OF THE CITY'S 7 2016 GENERAL MUNICIPAL ELECTION, PURSUANT 8 TO SECTION 101.75, FLORIDA STATUTES, TO 9 MARCH 15, 2016 TO COINCIDE WITH THE 2016 10 PRESIDENTIAL PREFERENCE PRIMARY; 11 PROVIDING FOR THE QUALIFYING PERIOD FOR 12 THE 2016 MUNICIPAL GENERAL ELECTION; 13 PROVIDING FOR CONFLICTS, SEVERABILITY, AND 14 AN EFFECTIVE DATE. 15 16 WHEREAS, Section 101.75, Florida Statutes, provides authority for municipalities to 17 move their elections to the same date as any statewide or countywide election by adopting an 18 ordinance confirming the change in the election date and the qualifying period for the 19 election; and, 20 WHEREAS, Chapter 2015 -5, Laws of Florida, amended Section 103.101, F.S. to 21 schedule the Presidential Preference Primary on the third Tuesday in March in those years 22 with a Presidential Preference Primary, which in 2016 is March 15, 2015; and 23 WHEREAS, the Palm Beach County Supervisor of Elections has advised that she 24 cannot conduct municipal elections on their usual date of March 8, 2016 due to the 25 Presidential Preference Primary being scheduled a week later on March 15, 2016; and 26 WHEREAS, pursuant to the authority in Section 101.75, F.S., the City Commission 27 desires to move its 2016 General Municipal Election from March 8, 2016 to March 15, 2016; 28 and, 29 WHEREAS, the Palm Beach County Supervisor of Elections has further advised the 30 City that it must provide the candidates' names for the March 2016 election on or before 100072877.1 306 - 9001821 1 Page 1 of 3 Words in strile-thr-eugh type are deletions from existing law; Words in underlined type are additions. 31 December 11, 2015; and 32 WHEREAS, pursuant to Section 101.75, F.S., the City will establish a qualifying 33 period from noon on November 3, 2015 to noon on November 17, 2015; and 34 WHEREAS, the City Commission, deems it to be in the best interests of the citizens 35 and residents of the City to move the date of the City's General Municipal Election and the 36 qualifying period for the City's 2016 Municipal General Election. 37 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF 38 BOYNTON BEACH, FLORIDA: 39 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed 40 as being true and correct and incorporated herein by this reference. 41 Section 2. The City Commission of the City of Boynton Beach, Florida, pursuant to 42 the authority of §101.75, Florida Statutes, schedules the date of the City of Boynton Beach's 43 2016 General Municipal Election as March 15, 2016. 44 Section 3. The City Commission hereby provides and sets the qualifying period for 45 the 2016 General Municipal Election shall be noon on Tuesday, November 3, 2015 through 46 noon on Tuesday, November 17, 2015. 47 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions 48 in conflict herewith are hereby repealed to the extent of such conflict. 49 Section 5. If any clause, section or other part of this Ordinance shall be held by any 50 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 51 invalid part shall be considered as eliminated and in no way affecting the validity of the other 52 provisions of this Ordinance. 53 {00072877.1 306 - 9001821 1 Page 2 of 3 Words in strile-thr-eugh type are deletions from existing law; Words in underlined type are additions. 54 Section 6. This Ordinance shall take effect immediately upon its adoption. 55 FIRST READING this 5 day of May, 2015. 56 SECOND, FINAL READING AND PASSAGE this 1 9 * day of N(qy , 2015. 57 58 CITY OF BOYNTON BEACH, FLORIDA 59 60 YES NO 61 Mayor - Jerry Taylor ✓ 62 63 Vice Mayor - Joe Casello ✓ 64 65 Commissioner - David T. Merker ✓ 66 � I , 67 Commissioner - Mack McCray 68 ✓ !, 69 Commissioner - Michael M. Fitzpatrick 70 71 72 VOTE 5 -O 73 74 ATTEST: 75 76 77 78 1 111° . 79 Ja, et M. Prainito, MMC 80 ity Clerk 81 \1A 82 (Co 4~' ea to O J 1 Y :oN 6 {00072877.1 306 - 9001821 Page 3 of 3 Words in strike through type are deletions from existing law; Words in underlined type are additions.