O97-36ORDINANCE NO. 97- ~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING
TO REFERENDUM AN AMENDMENT TO SECTION 53 OF
THE CITY CHARTER ENTITLED "MAYOR, VICE-
MAYOR; ELECTION, PROCEDURE"; PROVIDING FOR
SELECTION OF THE VICEiMAYOR AT THE FIRST
REGULAR OR SPECIAL MEETING FOLLOWING
ELECTION; 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
date on which the Vice-Mayor is selected from the last Thursday
in March immediately following an election to the first regular
or special meeting following an election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
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Words in underscored tYPe are additions.
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Section 1. The foregoing Whereas clause is true and correct and is now
ratified and confirmed by the City Commission.
Section 2~ That Section 53 of the City Charter of th e City of Boynton Beach
of Boynton Beach shall be amended to read as follows:
Section 53. Mayor, Vice Mayor; election, procedure.
At the first regular or special meeting of the
City Commission ,-,- +he '~o* T~ .... '~'~" !n March
immediately following an election the Vice-Mayor of
the City shall be selected by a vote of the Mayor and
the Commission. The Vice-Mayor of the City... (the
remaining portion of Section 53 shall be unchanged)
Section 3. The amendment of Section 53 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, 1998 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 CHARTER SECTION 53
REGARDING VOTING REQUIREMENTS
THIS AMENDMENT OF THE CITY CHARTER WOULD
CHANGE THE DATE ON WHICH THE VICE'MAYOR IS
SELECTED FROM THE LAST THURSDAY IN MARCH TO
THE FIRST REGULAR OR SPECIAL MEETING
FOLLOWING ELECTION.
,?
SHOULD SECTION 53 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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Words in underscored type are additions.
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Section 8.This Ordinance shall become effective only upon
passage of the referendum question at the /~/¢ /~
19 ~, ~-/¢~-~_~¢~ e 1 e c t i on.
FIRST READING this /~cT' day of ~¢ , 1997.
SECOND, FINAL READING and PASSAGE this ~' day of
/~-c2- , 1997.
ATTEST:
Y CLERK
( CO.~_ .~e//~,~.AL
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ORD/CHARTER.06
Words in ~,.~' ~=~..~w..~ type are deletion
existing law;
Words in underscored type are additions.
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