17-035 1
ORDINANCE NO. 17-035
AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
AMENDING QUALIFYING DATES SET FORTH IN ARTICLE III,
SECTION 40 OF THE CITY'S CHARTER TO AMEND THE DATES
FOR QUALIFYING FOR CITY ELECTIONS PURSUANT TO
• SECTIONS 100.3605 AND 166.021, FLORIDA STATUTES;
11 PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY,
11 AND PROVIDING FOR AN EFFECTIVE DATE.
1 •
1 WHEREAS, Article III, Section 40 of the City' Charter provides for a qualifying
1' period for the City's General Municipal Elections to be from the last Tuesday in January to
1 '' the First Tuesday in February of the year in which the election is to be held; and,
1: WHEREAS, the Palm Beach County Supervisor of Elections has advised all
1 municipalities in Palm Beach County that in order for her to comply with legal timelines for
1: ballots for the statewide elections, all municipal qualifying periods must occur earlier than
1• the dates set forth in the City's Charter; and,
21 WHEREAS, Section 100.3605, Florida Statutes, provides authority for
21 municipalities to move their election and qualifying dates without referendum; and,
22 WHEREAS, Section 166.021(4), Florida Statutes, exempts changes to qualifying
23 dates from the referendum requirement for amending a municipal charter; and,
2 WHEREAS, pursuant to Sections 100.3605 and 166.021(4), Florida Statutes, the
25 qualifying period for City General Municipal Elections shall be amended, and shall be from
26 noon on the first Tuesday in January to noon on the second Tuesday in January of the year
27 in which the election is held, except for when the first Tuesday in January falls on January 1,
28 then in those years the qualifying period for the City's General Municipal Election shall be
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2• from noon on the second Tuesday in January to noon on the third Tuesday in January of the
31 year in which the election is held..
3 BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
3. BOYNTON BEACH,FLORIDA:
3
3 4 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and
3' confirmed as being true and correct and incorporated herein by this reference.
3: Section 2. The City Commission hereby establishes that the qualifying period for
3 the City's General Elections shall be as follows:
3: Candidates for City Commission shall file such papers and pay such fees as may be
3' required by law with the City clerk no sooner than noon on the first Tuesday of January, nor
41 later than noon on the second Tuesday in January, of the year in which the election is to be held
41 except for those years in which the first Tuesday in January is January 1, and in those years any
4• resident of the City who wishes to become a candidate for a Commission member seat shall
4 qualify with the City clerk no sooner than noon on the second Tuesday of January, nor later
44 than noon on the third Tuesday in January in those years in which the election is to be held.
4' The City Clerk shall transmit the names of all candidates for City Commission to the
41 Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying.
4 Section 3. Article III, entitled "Municipal Court," Section 40 entitled "Call by
48 Mayor, publication of proclamation; qualification of candidates, filing by candidates with
4 City Clerk; notification of Supervisor of Elections" is hereby deemed amended as provided
5 in Section 2 herein above, and reads as follows:
51 All general and special elections, unless otherwise provided in this Act, shall be
52 called by resolution adopted by the City Commission, and in conformance with applicable
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5 state law, and published in a newspaper of general circulation in the City of Boynton Beach,
54 Florida, once a week for two (2) consecutive weeks, and such election that may be held
5' upon such notice.
5: Candidates for City Commission shall file such papers and pay such fees as may be
5 required by law with the City clerk no sooner than noon on the first Tuesday of January, nor
5: later than noon on the second Tuesday in January, of the year in which the election is to be held
5• except for those years in which the first Tuesday in January is January 1, and in those years any
60 resident of the City who wishes to become a candidate for a Commission member seat shall
61 qualify with the City clerk no sooner than noon on the second Tuesday of January, nor later
6 than noon on the third Tuesday in January in those years in which the election is to be held.
63 The City Clerk shall transmit the names of all candidates for City Commission to the
64 Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying.
65 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions
6: in conflict herewith are hereby repealed to the extent of such conflict.
6 Section 5. If any clause, section or other part of this Ordinance shall be held by any
68 court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or
6' invalid part shall be considered as eliminated and in no way affecting the validity of the
70 other provisions of this Ordinance.
71 Section 6. This Ordinance shall take effect immediately upon its adoption.
72 FIRST READING this 21st day of November, 2017.
73
74 SECOND, FINAL READING AND PASSAGE this /9 44h day of
75 ,Oeic am 6 , 2017.
76
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7 CITY OF BOYNTON BEACH, FLORIDA
7: YES NO
7•
81 Mayor— Steven B. Grant �--
81
8 Vice Mayor—Justin Katz
83
8 Commissioner—Mack McCray
85
8 Commissioner—Christina L. Romelus
8
88 Commissioner—Joe Casello
89
91
91 VOTE SU
9 ATTEST:
93
95 `! . -1
L271e-
9. Judi A. Pyle, CMC
9 City Clerk
98
9•
100
101 (Corporate Seal)
102
soys
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