O97-39ORDINANCE NO. 097- ~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING
TO REFERENDUM AN AMENDMENT TO SECTION 24 OF
THE CITY CHARTER ENTITLED "QUORUM, VOTE
REQUIRED ON ORDINANCES, RESOLUTIONS;
ENACTMENT PROCEDURES GENERALLY"; TO DELETE
THE NECESSITY OF A FOUR-FIFTHS (4/5) VOTE
TO AMEND THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN; PROVIDING FOR FORM OF
QUESTION TO BE PRESENTED AT THE REFERENDUM
ELECTION; PROVIDING FOR TITLE LANGUAGE AND
EXPLANATORY LANGUAGE FOR THE BALLOT;
PROVIDING FOR NOTICE OF ADVERTISEMENT OF
SAID REFERENDUM ELECTION TO BE PUBLISHED IN
ACCORDANCE WITH THE CODE OF ORDINANCES, THE
CHARTER OF THE CITY OF BOYNTON BEACH, AND
THE STATE OF FLORIDA ELECTION CODE;
PROVIDING FOR SUBMISSION OF AMENDMENTS TO
THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTS, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach,
Florida has determined that it is in the best interest of the
citizens of the City to submit to the electorate a referendum
question which, if passed, would have the effect of deleting the
requirement ofi a four-fifths (4/5) vote by the Commission to
amend the Future Land Use Element of the Comprehensive Plan.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
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Section_ 1.The foregoing whereas clause is true and correct
and is now ratified and confirmed by the City Commission.
c$_~.That Section 24(c) of the City Charter of the City
of Boynt'on Beach shall be amended to read as follows:
Sec.
Ordinances which amend the Future Land Use Element
of the Comprehensive Plan by changing any land use category, shall
b~ adopted by the affirmative vote of not Ics~ tkan fcur fifths
(~/5) a~maj~ of the entire-City Commission.
Section.The amendment of Section 24(c) of the City Charter
of the City of Boynton Beach shall non take effect unless and
until the proposed amendment is submitted to the vote of the
electors of the City of Boynton Beach at the general election held
in March, 1998 by separate ballot question.
Section~.The title of the ballot and explanatory statement
setting forth the substance of the proposed Charter Amendment
shall appear on the ballot and shall read as follows:
AN AMENDMENT TO CHARTER
REQUIREMENTS
SECTION 24 (c)
REGARDING VOTING
THIS AMENDMENT OF THE CITY CHARTER WOULD ELIMINATE THE
PROVISION OF THE CHARTER THAT REQUIRES A FOUR-FIFTHS (4/5)
VOTE TO AMEND THE FUTURE LAND USE ELEMENT OF THE
COMPREHENSIVE PLAN. AMENDMENTS WOULD THEREAFTER BE BY
MAJORITY VOTE.
SHOULD SECTION 24 (c) OF THE CHARTER BE AMENDED AS
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ORD/CHARTER.02 Page 2 of 4
PROPOSED?
YES NO
Section 5. The City Clerk of the City of Boynton Beach,
Florida is hereby authorized and directed to advertise the
referendum election contemplated herein in accordance with the
Code of Ordinances of the City of Boynton Beach, the City
Charter of the City of Boynton Beach, and the State of Florida
Election Code.
Section 6. All Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith shall
and the same are hereby repealed to the extent of such conflict
only upon passage of the referendum.
Section 7. 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 not effecting
the validity of the remaining portions of the Ordinance and its
application shall remain in full force and effect.
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Section 8.This Ordinance shall become effective only upon
passage of the referendum question at the
197~, d~/~/~/g ~ election.
FIRST READING this /~ day of
SECOND, FINAL READING and
~/~'-~ , 1997.
PASSAGE this
, 1997.
day of
ATTEST:
(CORPORATE SEAL)
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Words in underscored type are additions.
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