HomeMy Public PortalAboutORD 13/01FAILED AT SECOND (2nd) READING
ORDINANCE NO. 13/1 (5 -0) 1 -10 -14
AN ORDINANCE OF THE TOWN COMMISSION OF THE TOWN OF
GULF STREAM, PALM BEACH COUNTY, FLORIDA, AMENDING
SECTION 3.03 OF THE TOWN OF GULF STREAM CHARTER, TO
CHANGE THE PROVISION RELATING TO ALL TOWN
COMMISSIONERS BEING ELECTED TO THREE YEAR TERMS AT
EVERY ELECTION SO THAT THE TOWN COMMISSIONERS WILL BE
ELECTED FOR STAGGERED THREE YEAR TERMS, PROVIDING FOR
A SPECIAL ELECTION TO DETERMINE WHETHER THE ELECTORS
APPROVE OF THIS AMENDMENT; PROVIDING FOR SEVERABILITY;
PROVIDING FOR REPEAL OF ORDINANCES IN CONFLICT;
PROVIDING FOR CODIFICATION; PROVIDING AN EFFECTIVE DATE.
WHEREAS, all Town Commissioners are elected to three year terms every three
years rather than on a staggered basis; and
WHEREAS, having staggered elections allows for continuity on the Town
Commission and avoids the situation that five new Town Commissioners could take
office at the same time; and
WHEREAS, it is the intent of this Ordinance to provide the Town of Gulf Stream
electorate with the opportunity of retaining the same three year terms for all Town
Commissioners or providing for staggered terms by having an election in two years for
those two Town Commission seats that receive the fewest number of votes in the March
2014 election.
NOW THEREFORE, be it ordained by the Town Commission of the Town of Gulf
Stream, Florida:
Section 1. That Section 3.03 of the Town of Gulf Stream Charter be amended
to read as follows in full:
Section 3.03 — Election and Terms.
The Commissioners shall hold office for a term of three (3)
years beginning at noon of the third day after their election and shall
continue in office until their term expires and until their successors
are elected and qualified. There shall be an election of a
Commissioner or Commissioners in the manner prescribed in Article
V of this Charter, on the second Tuesday in March on any year in
which a vacancy or vacancies are occasioned by the expiration or
early termination (voluntary or involuntary) of the terms of the office
of Commissioners.
The three (3) seats receiving the greatest number of votes in
the March 11, 2014 election shall serve three (3) Year terms and the
two (2) seats receiving the fewest number of votes shall serve two (2)
year terms. There shall be an election the second Tuesday of March
2016 for those two (2) seats, with the terms being three (3) year
terms. Thereafter, all five Town Commission seats shall be elected
for staggered, three vear terms as prescribed above. This paragraph
is transitional and may be deleted from the Charter after the year
2016 election for Town Commissioners.
Section 2. The Charter Amendment adopted above shall become effective on
March 12, 2014, if approved by a majority of those electors voting on the question in the
special election provided for below.
Section 3. There is hereby called and established a special election within the
Town of Gulf Stream for the purpose of determining whether the electors of the Town of
Gulf Stream favor the adoption of the Charter Amendment set forth herein. The special
election shall be held in conjunction with the general election of March 11, 2014. The
special election shall be conducted by the Town Clerk in accordance with the Town
Ordinances. [Or by the Palm Beach County Supervisor of Elections in accordance with
the Florida Election Code]. The form of the ballot shall be substantially as follows:
Town Charter Amendment Proposition
STAGGERED ELECTIONS ISSUE
Should Ordinance be approved which would amend the Charter
to provide that the elections for commissioners be staggered rather
than all Town Commissioner seats being elected at the same time?
A "yes" vote means that the term of the two seats receiving the
fewest number of votes in the General Election held March 11, 2014
would be for two years only and an election for those two seats
would be held in March 2016. A "no" vote is against the staggered
elections.
"Yes" for approval ❑
"No" for rejection ❑
Section 4. Severability.
It is declared to be the intent of the Commission of the Town of Gulf Stream that,
if any section, subsection, sentence, clause, phrase or portion of this Ordinance is for
any reason held invalid or unconstitutional by any court of competent jurisdiction, such
portion shall be deemed a separate, distinct and independent provision, and such
holding shall not affect the validity of the remaining portions hereof.
Section 5. Conflict.
Any ordinance or part thereof in conflict with this Ordinance or any part hereof is
hereby replaced to the extent of this conflict.
Section 6. Inclusion into the Code.
The provisions of this Ordinance shall be included and incorporated within the
Code of Ordinances of the Town of Gulf Stream, Florida and may be renumbered or re-
lettered to accommodate such inclusion.
Section 7. Effective Date.
This Ordinance shall have no force and effect and shall not operate as an
Amendment to the Town of Gulf Stream Charter unless approved by a majority of the
electors voting in the special election set forth herein. In the event the proposition is
approved at said special election, this Ordinance shall take effect and operate as an
Amendment to the Town of Gulf Stream Charter on March 12, 2014. In the event the
proposition is rejected at said special election, this Ordinance shall stand automatically
repealed.
PASSED AND ADOPTED in a regular, adjourned session on first reading this
!,3 day of December, 2013, and for a second and final reading on this day of
January, 2014.
Mayor
Vice Mayor
Ordinance No. 13/1
Commissioner
Commissioner
Commissioner
ATTEST:
Clerk
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Ordinance No. 13/1