O97-37ORDINANCE NO. 97- 37
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING
TO REFERENDUM AN AMENDMENT TO SECTION 50 OF
THE CITY CHARTER ENTITLED TERMS OF ELECTIVE
OFFICES; ALLOWING FOR UNLIMITED TWO YEAR
TERMS OF ALL ELECTIVE OFFICES; 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 changing the
terms of elected officials from two (2) two (2) year terms to
unlimited two (2) year terms, thereby creating better stability
and continuity of the leadership of the City.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing whereas clause is true and correct
and is now ratified and confirmed by the City Commission.
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Section 2.That Section 50 of the City Charter of the City of
Boynton Beach shall be amended to read as follows:
Sec. 50. TERMS OF ELECTIVE OFFICES.
(a). All elective offices shall be for the term of
two (2) years. The number of terms an elected officer
may hold is unlimited, and no person shall be eligible
to hold any elective office for more than ~,,~ .... '~, three
(3) consecutive terms. For purposes of this section,
elective office shall include both mayor and commission
member.
(b) The resignation from, or forfeiture of, an
elective office during any part of a two (2) year
elective term shall be deemed to constitute a full and
complete term under the provisions of this section.
Section 3.The amendment of Section 50 of the City Charter of
the City of Boynton Beach shall not 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,
1~98 by separate ballot question.
Section 4.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 CITY CHARTER SECTION 50,
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TERMS OF ELECTIVE OFFICES
THIS AMENDMENT OF THE CITY CHARTER WOULD
ELIMINATE THE CURRENT TWO TERM LIMIT ON
HOLDING ELECTED OFFICE. THE NUMBER OF
TERMS AN ELECTED_ OFFICER COULD HOLD WOULD
BE UNLIMITED. THE LENGTH OF EACH TERM WOULD
REMAIN THE SAME, TWO (2) YEARS.
SHOULD SECTION 50 OF THE CHARTER BE AMENDED AS
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 /~,¢/¢~// /~ ,
19 ~, ~/V~/¢ ~ election.
FIRST READING this /¢~- day of ~¢' , 1997.
SECOND, FINAL READING and PASSAGE this -~ day of
/~f/~7-' , 1997.
ATTEST:
(CORPORATE SEAL)
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Words in underscored type are additions.
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