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19-036 ORDINANCE NO. 19-CZ(C) 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 THE MARCH 17, 2020 CITY ELECTION ONLY PURSUANT TO SECTIONS 100.3605 AND 166.021, FLORIDA I STATUTES; PROVIDING FOR CONFLICTS, PROVIDING FOR SEVERABILITY,AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Article III, Section 40 of the City' Charter provides for a qualifying period for the City's General Municipal Elections to be from the last Tuesday in January to the First Tuesday in February of the year in which the election is to be held; and, WHEREAS, the Palm Beach County Supervisor of Elections has advised all municipalities in Palm Beach County that in order for her to comply with legal timelines for ballots for the statewide elections,all municipal qualifying periods must occur earlier than the dates set forth in the City's Charter; and, WHEREAS,Section 100.3605,Florida Statutes,provides authority for municipalities to move their election and qualifying dates without referendum; and, WHEREAS, Section 166.021(4), Florida Statutes, exempts changes to qualifying dates from the referendum requirement for amending a municipal charter; and, WHEREAS, pursuant to Sections 100.3605 and 166.021(4), Florida Statutes, the qualifying period for City General Municipal Election to be held on March 17, 2020 shall be amended, and shall be from noon on Tuesday, November 26, 2019 to noon on Tuesday, December 10, 2019. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH,FLORIDA: CODING: Words in strile-thfeugh type are deletions from existing law; Words in underlined type are additions. S:\CA\Ordinances\Qualifying Period Revision(2020 Election Only)-Ordinance.Docx Page 1 of 4 3a Section 1. The foregoing "WHEREAS"clauses are hereby ratified and confirmed as being true and correct and incorporated herein by this reference. 2 Section 2. The City Commission hereby amends the qualifying period for the City's 3• 2020 General Election scheduled to be held on Tuesday, March 17, 2020 as follows: 3 (a) Qualifying period for Candidates will be from noon on Tuesday, November 26, 3 2019 to noon on Tuesday, December 10, 2019. _ - - • • 3 clerk no sooner than noon on the first Tuesday of January,nor later than noon on the 3 ° second Tuesday in January. of the year in which the election is to be held except for 42 .. the election is to be held. The City Clerk shall transmit the names of all candidates Section 3. Article 111,entitled"Municipal Court,"Section 40 entitled"Call by Mayor, ' - -- - herein above, and reads as follows: • • - • . _ CODING: Words in strike-through type are deletions from existing law; Words in underlined type are additions. S:\CA\Ordinances\Qualifying Period Revision(2020 Election Only)-Ordinance.Docx Page 2 of 4 • • • • . - - • - - - abs . . - .-. `• - R -. ! = •, - .Q., 'Ie. ' +, Candidates for City Commission shall file such papers and pay such fees as may be ' " except for those years in which the first Tuesday in January is January 1, and in those years any iU • Elections by 5:00 p.m.on the first Friday after the close of qualifying.Nothing herein is intended to create a permanent change to the City's charter. Following the March 17, 2020 election and any subsequent runoff election, the qualifying period for Boynton Beach Municipal elections a ' shall thereafter comply with the City's Charter. Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. 4 Section 5. If any clause, section or other part of this Ordinance shall be held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or ' invalid part shall be considered as eliminated and in no way affecting the validity of the other provisions of this Ordinance. Section 6. This Ordinance shall take effect immediately upon its adoption. CODING: Words in strike through type are deletions from existing law; Words in underlined type are additions. S:\CA\Ordinances\Qualifying Period Revision(2020 Election Only)-Ordinance.Docx Page 3 of 4 i 5 FIRST READING this /` day of ` r" , 2019. 76 i SECOND, FINAL READING AND PASSAGE this/ day of 8 06+0 ,r , 2019. "9 80 CITY OF BOYNTON BEACH, FLORIDA 8 YES NO 82 83 Mayor—Steven B. Grant 84 85 Vice Mayor—Justin Katz ✓ 80 81 Commissioner—Mack McCray �8 s Commissioner—Christina L. Romelus 90 9 Commissioner—Ty Penserga 92 93 94 VOTE 9 ATTEST: 96 97 98jj_r:ka4__ 99 Cry al Gibson, MMC 100 City Clerk 10. le! Corporate Seal) of s Qr Q1.a !" 0 6 cc' CODING: Words in str-i1e4hreugh type are deletions from existing law; Words in underlined type are additions. S:\CA\Ordinances\Qualifying Period Revision(2020 Election Only)-Ordinance.Docx Page 4 of 4