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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 p: \docs \13147 \00001 \doc \1 hm0413.docx Ordinance No. 13/1