63-HRESOLUTION NO. 63-H
WHEREAS, the City Council of the CITY OF BOYNTON BEACH,
FLORIDA, recognizes the necessity of obtaining certain charter amendments
to its municipal charter, through the passage of special acts in the 1963
Session of the Florida Legislature; and
WHEREAS, the City Council has heretofore considered subject
changes and conducted a public hearing relative therelo; and
WHEREAS, the conten~sof subject amendments are more parti-
cularly set forth in the exhibit appended hereto and hereby made a part hereof;
NOW, THEREFORE, be it resolved by the City Council of the
CITY OF BOYNTON BEACH, FLORIDA:
1. That the proposed amendments to the City charter of the
CITY OF BOYNTON BEACH, FLORIDA, as more particularly described in the
attached exhibit, are hereby approved and the City Attorney is authorized to
prepare same in proper form for submission to the Palm Beach County
Legislative Delegation to the 1963 Session of the Florida Legislature for
introduction and passage into law.
PASSED and ADOPTED this ~ ~-- day of February, A. D.
(CORPORATE SEAL)
City Cl~rk
1963.
CITY/,OI~~TO~ B/~~O RI DA
· zS~' -__. Mayor
.
PROPOSED CHARTER REVISIONS,
1963 FLORIDA LEGISLATURE
CITY OF BOYNTON BEACH, FLORIDA
1. Sectiom 55 of the codified charter shall be amended to read:
Section 55. Compensation of Mayor and Council.
The member of the City Council who shall serve a s Mayor shall
receive a salary not to exceed $200.00 per month. The remaining members
of the City Council shall receive a salary not to exceed $150.00 per month
per member.
2. The first two sentences of Section 1~2 of the codified
charter shall be amended to read:
Section 142. Registration officer, registration book .... .
The City Clerk sha~l be the registration officer of the City and
said clerk, or his duly appointed deputies, shall register all persons
applying to him, whose names are not already borne upon the registration
book of the City and who are qualified as electors under the provisions of
this charter. For this purpose the registration book shall always be open
during normal business hours, or at such other times as designated by the
City Council, at the office of the City Clerk or at such other places within
the City Limits, when duly designated by the City Council, except that same
shall b e closed for five (5) days before any City election, unless otherwise
provided for in this charter.
3. Section 6& of the codified charter shall be amended to read:
Section 6&. Purchasing agent, selection, duties; competitive bidding.
The City Council shall appoint an officer or employee of the City,
other than a member of the City Council, as Purchasing Agent for the City
who shall be responsible for the purchase, storage and distribution of all
supplies, materials, equipment and other articles used by an office,
department or agency of the municipal government. All purchases or sales
of City property shall be subject to the approval of the City Council,
and shall conf~rm to such regulations as the City Council may from time to
time prescribe. All purchases or sales involving amounts in excess of
$500.00 shall be made only after the publishing of an advertisement for
bids thereon in a newspaper of general circulation in the City at least
one time, not less than eight (8) days prior to the date set for the
reception of such bids, together with such other notice as the Council
may direct. The City Council shall have the power to reject any and all
bids submitted and received, and to waive any informalities in connection
with such bidding. With regard to the sale of any real estate owned by
the City, regardless of the estimated value thereof, no such sale shall be
conducted or consummated until such time as subject property has been
appraised by a disinterested qualified appraiser to be designated by the
City Council for the purpose of establishing a fair market value thereon.
After such appraisal shall have been completed and a fair market value
placed on subject property, the sale of same shall be advertised in
accordance with the above procedure and competitive bids thereon received
with the established fair market value being the minimum bid acceptable
by the City. The cost of such appraisal and the administrative costs
incurred in connection with the competitive bidding p~ocedure shall be
borne by the individual initiating the proposed sale, by depositing the
estimated costs with the City Clerk at the time of the initial purchase
request.
The fourth sentence of Section 2~ of the codified charter
shall be amended to read:
Section 2~. Passage of ordinances and resolutions.
................. No ordinance, except an emergency ordinance shall
be passed until it shall have been read at two meetings, not less than ten
(10) days apart, and the second reading of any regular ordinance may be by
caption only.
5.
Sub-paragraph (2) of Section 7 of the codified charter
shall be amended by adding the following:
................. ; and to exercise extra territorial municipal
police powers as to such municipally owned property when required to do
so for the protection of its governmental or proprietary interest therein.
6. Section 7 of the codified charter Shall be amended by
adding an additional sub-section to be designated
Paragraph (3~) as follows:
(3&). Sale of abandoned vehicle.
Any abandoned vehicle, as defined in the Statues of the State of
Florida, lawfully taken into possession of the City by any officer or
agent thereof may be sold by the City at public outcry to the highest
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bidder, after notice of said sale shall have been published in a newspaper
of general circulation in the City once a week for a period of two
consecutive weeks, with the first publication being at least fifteen (15)
days prior to the d ate of sale, and the purchaser at said sale shall take
title to said property free and clear of all prior claims against same. A
diligent search and inquiry shall be conducted by the City official
conducting any such sale, prior to said sale, to ascertain the name and
residence address of the owner and any lien holders against subject
property, and an affidavit establishing that such search has been made,
together with the names and addresses of the owner and lien holders shall
be set forth therein and filed in the sale proceedings. A copy o~ the
notice of sale shall be mailed to such owner and lien holders at least
ten (10) days prior to the date of sale. Failure of such owners and lien
holders to receive such notice shall not invalidate the sale. Any owner
or lien holder shall have the right to redeem subject property prior to
the time of sale by paying to the City all costs connected with the
proceedings, including moving and storage costs incurred. Proceeds of
such sales shall be and become a part of the General Fund of the City to
be utilized pursuant to directions of the City Council for any lawful
purpose.
7.
Section 16 of the codified charter shall be amended to read:
Section 16. Qualifications of councilmen; forfeiture of office.
Menbers of the City Council shall be qualified electors of the
City o f Boynton Beach and shall have owned and paid City taxes on improved
real estate within the limits of said municipality for one year prior to
filing candidacy for such office, and the instrument by which title to
such ~uproved real estate is held must have been of record in the office
of the Clerk of the Circuit Court, Palm Beach County, Florida, for a
period of one year prior to filing candidacy for such office, and shall
have such other qualifications as may be herein otherwise prescribed.
For purposes of this section, the term "improved real estate" is defined
to mean, property upon which a permanent residence, commercial or
industrial structure has been constructed. Any member of the City Council
who ceases to possess the qualifications which are required by this
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charter ~r shall be convicted efa felony, shall forfeit his office and it
shall be the duty of the remaining members of the City Council to declare
the office~cant and proceed to fill the vacancy as herein otherwise
provided.
8. Section 52 of the codified charter shall be amended by
deleting the first sentence thereof inasmuch as such
qualifications are otherwise set forth in Section 16 above.
9. The first sentence of Section 51 of the codified charter
shall b e amended to read:
Section 51. Vacancy in City Council.
In the event of a vacancy occuring in the membership of the City
Council, except att he closing of a regular term, it shall be the duty of
the remaining members at the next regular meeting, or as soon thereafter
as possible, following the declaration of such vacancy, to select a duly
qualified resident to fill said~cancy for the duration of said vacated
term of office.
10. Section 53 of the codified charter shall b e amended to read:
Section 53. Mayor- procedure for selection.
The Councilman receiving the highest number of votes in each
general election shall, at the first meeting of the City Council in
January of the year immediately following his election, be designated as
Vice ~.iayor of the City to serve in such capacity for a period of one year~
Upon completion of said one year term, the Vice Mayor shall automatically
ascend to the office of Mayor of the City for a term of one year. In the
event of a vacancy in the office of Mayor, the Vice Mayor shall automatically
assume the duties of said office and complet~ the term of the vacated
office, together with the term to which he would have been normally
entitled. In the event of a vacancy in the office of Vice Mayor~ the
vacancy on the City Council shall be filled by the Council in the manner
herein otherwise provided, and such officer thereafter elected by a
majority vote of entire City Council.