Loading...
BOYNTON.CHR PART I CHARTER* Art. I. In General, §§ 1 — 14 Art. II. City Commission, §§ 15 — 37 noted changes will be made in the Code as pages are Art. III. Municipal Court, §§ 38 — 48 necessarily updated through the supplement service Art. IV. Administration, §§ 49 — 71 pursuant to the city's instructions; and such changes Art. IVA. Merit System For Personnel, §§ 72 — will be made in the Charter only as prescribed by 72.13 subsequent amendments to specific sections. Art. V. Revenue and Taxation , §§ 73 — 129 Art. VI. Reserved Art. VII. Elections, §§ 138 — 155 Art. VIII. Public Improvements and Assessments, ARTICLE 1. IN GENERAL §§ 156 — 169 Art. IX. Contracts and Leases of Beach Property, §§ 170 — 171 Sec. 1. Reserved. *Editor's note - The present Charter of the city was enacted by Laws of Fla. 1947, Ch. 24398, which Editor's Note — Ord. No. 97 - 43, § 2, adopted 8 - has been amended frequently both by special acts and 19 - 97, repealed § 1 pertaining to the abolition of by ordinances. existing government. Said section was derived from The sections of the original act (Ch. 24398, 1947) Laws of Fla. 1947, Ch. 24398, § 1. filed in the office of the Secretary of State were misnumbered by omission of section number 77. The printers of the Special Acts of 1947 corrected this Sec. 2. Title to property reserved. error by renumbering starting with § 77. However, they omitted section number 155. Consequently, the That the rights, title, ownership of property, section numbers of the original act and those in the uncollected tax es, dues, claims, judgments, decree, published Special Acts of 1947 agree from §§ 1 — 76 choses in action, held and owned by the municipality and from § 156 on. of the City of Boynton Beach, County of Palm Beach, In preparing the 1958 Code of Ordinances of the State of Florida, shall pass to and be vested in the new City, the editors reorganized the charter into articles municipal corporation hereby created and established and renumbered its sections. The editors of this to s ucceed such municipality. (Laws of Fla. 1947, Ch. compilation have adopted the same organization and 24398, § 2) numbering used by their predecessors. Howev er, note that the source of each section is shown in parentheses following the section. Sec. 3. Obligations unimpaired. Words and phrases have been added in brackets where necessary to clarify meaning. That the present territory which is responsible Ord. No. 87 - 4, §§ 1 — 3, adopted Feb. 3, 1987, for the bonds, contracts, judgments, and debts of the provided that the name and title of the legislative body City of Boynton Beach and all property included of the city be changed from “city council” to “city therein shall be held responsible for and be bound for commission” and that all references within the all of said bonds, contracts, judgments, and debts now Charter and Code of Ordinances to the terms city held against said city. That no obligations or contracts council or councilman shall be synonymous to the of said municipality hereby abolished, including terms city commission or city commissione r until such bonds heretofore issued, or any proceeding heret ofore time as recodification of the Charter and Code of begun for any improvement, or for the borrowing of Ordinances is required; see also, §§ 1 — 2 and 2 — 1.1 money, or issuing of bonds, or for the refunding of of the Code of Ordinances. Prior to such bonds, shall be impaired or avoided by this Act. recodification, the above (Laws of Fla. 1947, Ch. 24398, § 3) 1 2002 S - 19 Boynton Beach Code 2 Sec. 4. Officers hold until successors qualify; Ord . No. Date Ord. No. Date existing laws continued. 62 - 7 6 - 4 - 62 72 - 17 6 - 20 - 72 That all the officers heretofore elected or 62 - 8 6 - 4 - 62 72 - 20 8 - 1 - 72 appointed and holding office under the old City of 62 - 15 9 - 17 - 62 72 - 21 8 - 15 - 72 Boynton Beach, Palm Beach County, Florida, shall 63 - 37 1 - 6 - 64 72 - 27 11 - 7 - 72 continue to hold their respective offices and to 64 - 4 3 - 2 - 64 73 - 44 11 - 6 - 73 dischar ge the duties thereof until their successors are 64 - 5 3 - 2 - 64 74 - 9 4 - 16 - 74 elected and qualified under the provisions of this Act; 65 - 17 5 - 17 - 65 74 - 31 9 - 17 - 74 and all existing laws and ordinances of the said 65 - 18 5 - 17 - 65 74 - 34 10 - 1 - 74 municipality not in conflict with the provisions of this 65 - 21 6 - 1 - 65 75 - 6 3 - 4 - 75 Act shall continue unimpaired and of binding effect 65 - 35 8 - 16 - 65 76 - 10 4 - 23 - 76 until repealed, amended or modified by the 69 - 8 4 - 7 - 69 (Date municipality hereby created and organized. (Laws of Fla. 1947, Ch. 24398, § 4) recorded) 70 - 4 3 - 2 - 70 78 - 9 4 - 10 - 78 70 - 7 3 - 16 - 70 Sec. 5. Establishment of new municipality. (Date recorded) The Municipality to be known and designated as 70 - 25 9 - 29 - 70 78 - 14 4 - 18 - 78 the City of Boynton Beach is here by established, 72 - 16 6 - 20 - 72 78 - 39 9 - 19 - 78 organized and constituted in the County of Palm 78 - 40 9 - 19 - 78 88 - 11 4 - 5 - 88 Beach, State of Florida, and the inhabitants of the City 79 - 11 4 - 3 - 79 88 - 27 8 - 16 - 88 of Boynton Beach, Florida, within the boundaries 79 - 17 8 - 7 - 79 88 - 48 12 - 6 - 88 hereinafter described and designated or within such 80 - 9 7 - 15 - 80 88 - 49 12 - 6 - 88 boundaries as may hereinafter be e stablished, is 81 - 29 9 - 15 - 81 88 - 50 12 - 6 - 88 hereby created, organized and established, and shall 82 - 14 7 - 6 - 82 89 - 10 6 - 20 - 89 continue to be a body politic and corporate under the 82 - 26 10 - 6 - 82 89 - 14 6 - 20 - 89 name of the City of Boynton Beach, and as such shall 82 - 27 10 - 6 - 82 89 - 25 10 - 3 - 89 have perpetual succession, may use a common seal, 82 - 32 10 - 6 - 82 89 - 35 10 - 17 - 89 may contract and be contracted with, and may sue and 82 - 33 10 - 6 - 82 89 - 42 12 - 5 - 89 be sued, plead and be impleaded in all the courts of 82 - 34 10 - 6 - 82 89 - 44 12 - 5 - 89 this state and in all matters whatsoever. 82 - 35 10 - 6 - 82 90 - 25 9 - 5 - 90 (Laws of Fla. 1947, Ch. 24398, § 5) 82 - 38 11 - 16 - 82 90 - 61 12 - 18 - 90 82 - 39 11 - 16 - 82 90 - 62 12 - 18 - 90 82 - 40 11 - 16 - 82 90 - 63 12 - 18 - 90 Sec. 6. Boundaries. 82 - 49 11 - 16 - 82 90 - 64 12 - 18 - 90 83 - 2 3 - 15 - 83 91 - 56 8 - 20 - 91 Editor's note - The boundaries of the city were 83 - 46 1 - 17 - 84 92 - 14 6 - 2 - 92 described originally by Laws of F la. 1947, Ch. 14398, 83 - 49 1 - 3 - 84 92 - 61 1 - 5 - 93 § 6, as amended by Laws of Fla. 1955, Ch. 30588, § 1; 83 - 52 1 - 3 - 84 93 - 11 6 - 1 - 93 Laws of Fla. Ch. 61 - 1888, § 1; and Laws of Fla. Ch. 84 - 3 2 - 21 - 84 93 - 40 12 - 7 - 93 68 - 81. Said 1968 act completely redescribed the 84 - 15 4 - 3 - 84 93 - 43 12 - 7 - 93 boundaries. Further annexations have been made by 84 - 24 7 - 3 - 84 93 - 46 12 - 7 - 93 the following ordinances: 84 - 55 1 - 5 - 85 93 - 49 12 - 7 - 93 85 - 15 3 - 5 - 85 93 - 55 12 - 7 - 93 2002 S - 19 Charter 3 Sec. 7.2. Reserved. Ord. No. Date Ord. No. Date 86 - 7 6 - 3 - 86 93 - 59 12 - 7 - 93 Editor's not e — Ord. No. 97 - 43, § 2, adopted 8 - 86 - 18 9 - 3 - 86 93 - 62 12 - 7 - 93 19 - 97, repealed § 7.2 pertaining to extra - territorial 86 - 19 9 - 3 - 86 93 - 65 12 - 7 - 93 municipal police powers. Said section was derived 86 - 20 9 - 3 - 86 93 - 68 12 - 7 - 93 from Laws of Fla., Ch. 63 - 1123, § 1. 86 - 21 9 - 3 - 86 94 - 32 10 - 18 - 94 86 - 22 9 - 3 - 86 94 - 35 10 - 18 - 94 86 - 40 12 - 16 - 86 94 - 41 10 - 18 - 94 Sec. 8. Reserved. 86 - 41 12 - 16 - 86 94 - 44 10 - 18 - 94 87 - 44 12 - 15 - 87 94 - 53 1 - 3 - 95 Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - 87 - 45 12 - 15 - 87 95 - 17 6 - 6 - 95 19 - 97, repeale d § 8 pertaining to powers and 95 - 11 6 - 6 - 95 95 - 14 6 - 20 - 95 provisions of general law. Said section was derived 98 - 19 7 - 7 - 98 98 - 27 7 - 21 - 98 from Laws of Fla. 1947, Ch. 24398, § 171. Inasmuch as th e description formerly set out in section 6 was rendered obsolete by the above Sec. 9. Reserved. annexation ordinances, it has been omitted. State law reference - Municipal annexation or Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - contraction, F.S. Ch. 171. 19 - 97, repealed § 9 pertaining to tort liability procedure. Sa id section was derived from Laws of Fla. 1947, Ch. 24398, § 98. Sec. 6A. Deleted. Editor's note — Ord. No. 02 - 043, § 2, 8 - 2 0 - 02, Sec. 10. Reserved. election of 11 - 5 - 02, deleted § 6A pertaining to boundaries and territory of greater Boynton Beach Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - area. Said section was derived from Laws of Fla., Ch. 19 - 97, repealed § 10 pertaining to tax exemption of 69 - 848, § 1. city property. Said section was derived from Laws of Fla. 1947, Ch. 243 98, § 9. Sec. 7. Reserved. Sec. 11. Reserved. Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - 19 - 97, repealed § 7 pertaining to general powers. Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - Said section was derived from Laws of Fla. 1947, Ch. 19 - 97, repealed § 11 pertaining to exemptions from 24398, § 7, as amended by Laws of Fla. 1955, Ch. liens and forced sale of city property. Said section 30588, § 2; Laws of Fla., Ch. 61 - 1885; Laws of Fla., was derived from Laws of Fla. 1947, Ch. 24398, § 10. Ch. 61 - 1888, §§ 2, 3; Laws of Fla., Ch. 68 - 82, § 1. Sec. 12. Deleted. Sec. 7.1. Res erved. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, Editor's note - The provisions previously codified election of 11 - 5 - 02, deleted § 12 pertaining to as § 7.1 have been converted to ordinance status by subdivision maps. Said section was derived from the Home Rule Act, F.S. § 166.021, and have been Laws of Fla. 1947, Ch. 24398, § 11. moved to the Code of Ordinances at the direction of the city. 2002 S - 19 Boynton Beach Code 4 Sec. 13. Reserved. Editor's note - Ord. No. 91 - 26, § 1, adopted May 21, 1991, amended § 15 to read as herein set out. Editor's note — O rd. No. 97 - 43, § 2, adopted 8 - Such provisions were approved at a referendum held 19 - 97, repealed § 13 pertaining to building, electrical Mar. 10, 1992. and plumbing codes. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 168. Sec. 16. Deleted. Sec. 14. Reserved. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, election of 11 - 5 - 02, deleted § 16 pertaining to Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - qualifications of Commissioners and forfeiture of 19 - 97, repeale d § 14 pertaining to gender definition office. Said section was derived from Laws of Fla. and sex discrimination. Said section was derived from 1947, Ch. 24398, § 13; Laws of Fla, Ch. 63 - 1123, § Laws of Fla. 1947, Ch. 24398, § 148. 2; as amended by Ord. No. 75 - 13, § 1, 5 - 6 - 75. Sec. 17. Composition, election, terms, vacancies. ARTICLE II. CITY COMMISSION* (a ) In order to qualify for the office of Mayor, a *Editor's note - It should be noted that Ord. No. candidate must be a qualified elector of the City of 87 - 4, §§ 1 — 3, adopted Feb. 3, 1987, provid ed that the Boynton Beach and have resided within the City for a name of the legislative body of the city shall be the period of not less than one (1) year prior to filing for City Commission. The user's attention is directed to office, and who shall have attained the age of twenty - Part II, Code of Ordinances, §§ 1 - 2 and 2 - 1.1, of this one (21) years on or before the date the candidate volume. Previous reference to City Council in Article files and qualifies for office. The Mayor of the City II title deleted per Ord. N o. 02 - 043, § 5, 8 - 20 - 02, of Boynton Beach may reside in any of the four (4) election of 11 - 5 - 02. election districts and shall be elected by a city - wide vote. Sec. 15. When Commissioners and Mayor are (b) There shall be a City Commission of four to assume office. (4) members elected from each of the four (4) election districts within the City, and a Mayor who is The Commissioners and Mayor who are elected elected by a city - wide vote. Each City in elections held in November of any year, shall Commissioner and each candidate for City assume office on the first regular or special city Commissioner shall reside in the election district commission meeting following their election. Once all fro m which he or she is (to be) elected. Voters shall newly elected officials have taken office the vote for only one (1) candidate in each election Commission shall organize in accordance with the district in which the voter resides, and one (1) provisions of Section 23 of this Charter and shall then candidate for Mayor. proceed to select the officers and employees, designated in Section 49 of this Charter. (Laws of Fla. (c) Qualifications for City Commissioners. 1947, Ch. 24398, § 12; Ord. No. 73 - 54, § 1, 12 - 18 - 73; Only qualified electors who have reside d in the City Ord. No. 80 - 41, § 1, 10 - 21 - 80; Ord. No. 83 - 51, § 1, of Boynton Beach for at least one (1) year 12 - 20 - 83; Ord. No. 91 - 26, § 1, 5 - 21 - 91; Ord. No. 01 - immediately prior to the election and who shall have 25, § 7, 7 - 3 - 01) attained the age of twenty - one (21) years on or before the date the 2002 S - 19 Charter 5 candidate files and qualifies as a candidate f or office shall be eligible to hold the office of City Commis - City of Boynton Beach with a four (4) year college or sioner. Each Commissioner and each candidate for university or educational research institution located Commissioner shall be elected from the election within the State of Florida to be selected by the City district in which he or she resides, subject to the 35% Commission of the City of Boy nton Beach, Florida. rule and runoff procedures set forth in Section 139 of The election districts shall be of equal population, the City Charter. Once elected, a Commissioner from compact, proportional and logically related to the an election district shall remain a resident of the natural internal boundaries of the neighborhoods election district and the City of Boynton Beach during within the City. The principal of non - discrimination his/her term of office or shall forfeit his/her office. and one man/one vote shall be adhered to strictly. In the event no candidate qualifies for election for any (d) The failure of a C ity Commissioner to designated election district seats, then a special continue to reside within the district from which qualifying period shall be opened for five (5) calendar elected, or the Mayor within the City, shall cause said days after the close of the regular qualifying period City Commissioner or Mayor to automatically forfeit and anyone fr om anywhere within the City may his/her office. The tender of a resignation from any qualify for such seat. Thereafter, if no person elective office shall immediately create a vacancy in qualifies for such seat, a vacancy shall be declared that office. Upon automatic forfeiture or the tender of and filled in accordance with this Charter. (Laws of any resignation, the remaining members of the City Fla., 1947, Ch. 24398, § 24; Ord. No. 80 - 46, § 2, 10 - Commission shall declare the office vacant and 31 - 80; Ord. No. 83 - 54, § 1, 2 - 7 - 84, election of 3 - 13 - proceed to fill the vacancy as herein otherwise 84; Ord. No. 84 - 5, § 1, 2 - 7 - 84, election of 3 - 13 - 84; provided, so long as the individual selected to fill the Ord. No. 87 - 37, § 1, 10 - 20 - 87, election of 3 - 8 - 88; vacancy has resided in the same district from which Ord. No. 91 - 47, § 2, 7 - 2 - 91; Ord. No. 00 - 43, § 2, 8 - the original Commissioner resided for a period of not 15 - 00, election of 11 - 7 - 00; Ord. No. 02 - 036, § 2, 8 - less than one (1) year. 20 - 02, elec tion of 11 - 5 - 02; Ord. No. 02 - 043, § 3, 8 - 20 - 02, election of 11 - 5 - 02) (e) Any City Commissioner who ceases to possess the qualifications required by this Cha rter, or is otherwise removed from office by lawful means, Sec. 18. Judges of own qualifications, rules of shall forfeit office, and it shall be the duty of the procedure; expulsion of members; remaining members of the City Commission to declare quorum; fines and penalties. the office vacant and proceed to fill the vacancy as herein otherwise provided. The City Commission shall be the judges of the qualifications, electi on and returns of its own (f) Comme ncing with the regular City election members: it may enact rules of procedure and may in March 2001, candidates for City Commissioner prescribe penalties for the non - attendance or dis - shall file with the City Clerk a written notice of orderly conduct of its members, and enforce the same. candidacy, designating which of the four (4) Four - fifths of its members concurring, it may expel a Commission districts of the City Commission the member for improper c onduct in office. A majority of candidates intend to fill. the members of the Commission shall be necessary to constitute a quorum for the transaction of any (g) Geographic boundaries for each voting business; but a smaller number may adjourn from district are established pursuant to Section 2 - 41 of the time to time, and under the provisions of ordinances Code of Ordinances. Geographic boundaries for each or rules of procedure may compel the attendance of voting district shall be designated, prepared and the absent members by the imposition of fines or identified not later than the first day of January 2002, penalties. (Laws of Fla. 1947, Ch. 24398, § 25) and every four (4) years thereafter by contract to the State law reference - Quorum and vote required for municipal governing body, F.S. § 166.041(4). 2002 S - 19 Boynton Beach Code 6 Sec. 19. Terms of elective offices. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, election of 11 - 5 - 02, deleted previous § 20 pertaining (a) All elective offices shall be for the term of to the fixing of salaries by resolution. Said section three (3) years and no person shall be eligible to hold was derived from Law s of Fla. 1947, Ch. 24398, § any elective office for more than two (2) consecutive 27; Laws of Fla, Ch. 67 - 1119, § 1. Current § 20 was terms. For purposes of this section, elective office originally part of Article IV and designated § 51. shall include both mayor and commission member. (b) The resignation from, or forfeiture of, an Sec. 20.1. Deleted. elective office during any part of a three (3) year elective term shall be deemed to constitute a full and Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, complete term under the provisions of this section. election of 11 - 5 - 02, deleted § 20.1 pertaining to (Laws of Fla. 1947, Ch. 24398, § 15; Laws of Fla. Ch. pen sion and retirement systems. Said section was 67 - 1118, § 1: Ord. No. 87 - 30, § 1, 9 - 15 - 87, election of derived from Laws of Fla, Ch. 67 - 1119, § 1; as 3 - 8 - 88; Ord. No. 87 - 38, § 1, 10 - 20 - 87, election of 3 - 8 - amended by Ord. No. 78 - 51, § 1, 11 - 8 - 78; Ord. No. 88; Ord. No. 00 - 41, § 2, 8 - 15 - 00, election of 11 - 7 - 00; 92 - 7, § 1(Exhibit A), 4 - 21 - 92; Ord. No. 92 - 40, § 1, 7 - Ord. No. 02 - 043, § 4, 8 - 20 - 02, elec tion of 11 - 5 - 02) 21 - 92; Ord. No. 94 - 52, § 2, 12 - 20 - 94. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, election of 11 - 5 - 02, deleted previous § 19 pertaining to committee designation. Said section was derived Sec. 21. Authorit y to contract; execution; from Laws of Fla. 1947, Ch. 24398, § 26. Current § attestation and seal. 19 was originally part of Article I V and designated § 50. The Commission shall have the power to enter into contracts on behalf of the City, and when so entered into, the same shall be attested by the City Sec. 20. Filling vacancy on City Commission. Clerk with the seal of the City thereunto affixed. (Laws of Fla. 1947, Ch. 24398, § 28; Ord. No. 02 - In the event of a vacancy occurring in the 037, § 2, 8 - 20 - 02, election of 11 - 5 - 02) members of the City Commission, except at the close Cross reference - Contracts must be approved by of a regular term, it shall be the duty of the remaining City Attorney, § 58. members at the next regular me eting, or as soon thereafter as possible, following the declaration of such vacancy, to appoint a duly qualified citizen to fill Sec. 22. Frequency, date of regular meetings; said vacancy until the next municipal election, at which time the balance of the original members term shall be filled by elect ion. In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held on the first Tuesday in November of the calendar year. If a majority of said remaining members are unable to agree upon the selection of a Commissioner to fill said vacancy after two (2) regular meetings have been held, the City Commission shall call a special election for that purpose. (Laws of Fla. 1947, Ch. 24398, § 16; Ord. No. 90 - 80, § 1, 1 - 2 - 91, election of 3 - 12 - 91; O rd. No. 01 - 25, § 7, 7 - 3 - 01; Ord. No. 02 - 043, § 4, 8 - 20 - 02, election of 11 - 5 - 02) r u l (a) The Commissi e on shall hold its meeting as often as twice each month, or it may hold more than s two (2) regular meetings each month if prescribed by resolution. Should any scheduled City Commission o meeting fall upon a date on which any national, state, f county or municip al election is held, said City Commission meeting should be deferred until the p next regular working day. r o (b) The Mayor, or any three members of the c City Commission may call special meetings of the e City Commission, upon written notice to each d member serv u ed personally or left at the usual place of 2002 S - 19 Charter 7 residence. All regular and special meetings of the City Current § 23 was originally part of Article IV and Commission shall be open to the public. The City designated § 53. Commission shall determine its own rules and order of business. (Laws of Fla. 1947, Ch. 24398, § 29; Ord. No. 77 - 31, § 1, 10 - 18 - 77; Ord. No. 02 - 043, § 3, 8 - 20 - Sec. 24. Duti es, powers, privileges of Mayor. 02, election of 11 - 5 - 02) The Mayor shall preside at all meetings of the City Commission and perform such other duties consistent with his or her office as may be imposed Sec. 23. Mayor, Vice Mayor; election, by the City Commission, and he or she shall have a procedure. voice and a vote in the pr oceedings of the City Commission, but no veto power. He or she may use At the first regular or special meeting of the City the title of Mayor when executing legal instruments Commission immediately following an election , the of writing or when required by necessity, arising from Vice - Mayor of the City shall be selected by a vote of the General Laws of the State, but this shall not be the Mayor and Commission. The Vice - Mayor of the considered as conferring upon him or her the City shall serve in such capacity for a period of one administrative or judicial functions of a Mayor under year until the next general election of a member of the the General Laws of the State. He or she shall be commission. In the event, of a vacancy in the office of considered as the official head of the City for Mayor, the Vice - Mayor shall automatically assume ceremonial purposes, and shall be so recognized by the duties of said office until a successor Mayor is the courts for the purpose of s erving civil processes, elected as provided herein. If, for any reason, there and by the Government in the exercise of military shall be a vacancy in the office of Mayor, a special law. In the absence or disqualification of the Mayor, election shall be held within sixty (60) days of the date the other members of the City Commission shall of said vacancy, provided that should said vacancy select one of their members to perform his or her occur within one hundred (100) days of a regularly duties. This selection shall b e made in accordance scheduled general election, no such special election with the provisions of Sections 17 and 23 for the shall be held and the Mayor, or successor Mayor, shall election of a Mayor.* be elected at the general election. Upon the election of a successor Mayor, the Vice - Mayor shall reassume his The Mayor shall sign all deeds, bonds or other duties as Vice - Mayor and the successor Mayor shall instruments of writing to which the City is a party, serve for the remainder of the term of the originally when authorized so to do by the City Commission. duly elected Mayor. In the event of a vacancy in the (Laws of Fla . 1947, Ch. 24398, §§ 20, 22; Am. Ord. offic e of Vice - Mayor, the vacancy on the City No. 97 - 38, § 2, 8 - 5 - 97, election of 3 - 10 - 98; Ord. No. Commission shall be filled by the Commission in the 02 - 040, § 2, 8 - 20 - 02, election of 11 - 5 - 02; Ord. No. manner herein otherwise provided, and a successor 02 - 043, §§ 4 - 5, 8 - 20 - 02, election of 11 - 5 - 02) Vice - Mayor shall be elected by a vote of the Mayor *Editor's note — Note that § 23 above, as and City Commission. (Laws of Fla. 1947, Ch. 24398, amended, provides for t he annual designation of a § 19; Laws of Fla., Ch. 63 - 1122, § 1; Ord. No. 80 - 41, Vice - Mayor. § 2, 10 - 21 - 80; Ord. No. 83 - 54, § 2, 2 - 7 - 84, election of Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - 3 - 13 - 84; Ord. No. 97 - 36, § 2, 8 - 5 - 97, election of 3 - 10 - 19 - 97, repealed previous § 24 pertaining to quorum 98; Ord. No. 02 - 043, § 4, 8 - 20 - 02, election of 11 - 5 - and vote requirements on ordinances, resolutions, 02) and enactment procedures generally. Said section Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, was derived from Law s of Fla. 1947, Ch. 24398, § 31, election of 11 - 5 - 02, deleted previous § 23 pertaining as amended by Laws of Fla. Ch. 63 - 1125, § 2; Ord. to the authority to create and abolish offices. Said No. 74 - 21, § 1, 8 - 20 - 74; Ord. No. 87 - 46B, § 1, 1 - 5 - section was derived from Laws of Fla. 1947, Ch. 88, election of 3 - 8 - 88; Ord. No. 97 - 39, § 2, 8 - 5 - 97. 24398, § 30. Current § 24 was originally part of Article IV and designated § 54. 2002 S - 19 Boynton Beach Code 8 Sec. 25. Reserved. Sec. 30. Reserved. Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - 19 - 97, repealed § 25 pertaining to when ordinances 19 - 97, repealed § 30 pertaining to maximum and resolutions become effective, and emergency franchise duration and extension of utility. Said measures. Said section was derived from Laws of F la. section was derived from Laws of Fla. 1947, Ch. 1947, Ch. 24398, § 32, as amended by Ord. No. 74 - 21, 24398, § 37. § 1, 8 - 20 - 74. Sec. 31. Deleted. Sec. 26. Reserved. Edito r's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, Editor's note - Ord. No. 77 - 21, § 1, adopted Aug. election of 11 - 5 - 02, deleted § 31 pertaining to the 16, 1977, amended the Code by repealing provisions effect of annexation on franchises. Said section was formerly designated as § 26, Pertaining to the derived from Laws of Fla. 1947, Ch. 24398, § 38. recordation and publication of ordinances and resolutions and derived from Ch. 24398, § 33, Special Acts 1947. Sec. 32. Deleted. Editor's note — Ord. No. 02 - 043, § 2, 8 - 2 0 - 02, Sec. 27. Deleted. election of 11 - 5 - 02, deleted § 32 pertaining to rights in the city when franchises are granted. Said section Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, was derived from Laws of Fla. 1947, Ch. 24398, § 39. election of 11 - 5 - 02, deleted § 27 pertaining to general ordinance enactment power, enforcement and penalties. Said section was derived from Laws of Fla. Sec. 33. Reserved. 1947, Ch. 24398, § 34. Editor's note - Ord. No. 91 - 16, § 2, adopted Apr. 21, 1991, repeal ed § 33 which pertained to Sec. 28. Reserved. codification of ordinances; authority and publication. Prior to repeal, such section was derived from Laws Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - of Fla. 1947, Ch. 24398, § 40. For current provisions 19 - 97, repealed § 28 pertaining to budget of expenses, concerning such subject matter, the user's attention is and revenue. Said section was derived from Laws o f directed to § 1.9 of the Code. Fla. 1947, Ch. 24398, § 35. Sec. 34. Deleted. Sec. 29. Reserved. Editor's note - Section 34 hereof, which provided Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - for judicial notice of ordinances, has been rendered 19 - 97, repealed § 29 pertaining to utility franchises. obsolete by the Florida Evidence Code, particularly Said section was derived from Laws of Fla. 1947, Ch. F.S. § 90.202(10), and has been deleted at the 24398, § 36, as amended by Ord. No. 75 - 41, § 1, 1 - 5 - direction of th e city. 76. 2002 S - 19 Charter 9 Sec. 35. Deleted. ARTICLE IV. ADMINISTRATION Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, election of 11 - 5 - 02, deleted § 35 pertaining to fire Sec. 49. General provisions. limits. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 42. (a) Administrative officers, departments and agencies. The government of the City shall be carried on by the Mayor and City Commission. They shall Sec. 36. Reserved. appoint a City Manager, who shall serve as the City's chief executive officer, and a City Attorney, both of E ditor's note — Ord. No. 97 - 43, § 2, adopted 8 - whom shall serve at the pleasure of the City 19 - 97, repealed § 36 pertaining to health regulations Commission. There shall also be such other and the City Board of Health. Said section was dep artments and agencies as may be established from derived from Laws of Fla. 1947, Ch. 24398, § 43. time to time by ordinance and as may be prescribed by ordinances adopted by the City Commission. All other City employees shall be hired, appointed and Sec. 37. Deleted. discharged by the City Manager, with only the appoin tment or discharge of Assistant City Managers Editor's note — Ord. No. 02 - 043, § 2, 8 - 2 0 - 02, subject to confirmation by the City Commission. election of 11 - 5 - 02, deleted § 37 pertaining to borrowing money and the maximum issuance of notes. (b) Supervision by City Manager. Each Said section was derived from Laws of Fla. 1947, Ch. department, office and agency under the direction and 24398, § 44. supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of Commission, the City Manager ARTICLE III. MUNICIPAL COURT may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them or may Secs. 38 - 48. Deleted. combine the functions of any offices specified in this Charter which may be appointed by him. Editor's note - The provisi ons of §§ 38 - 48 of the Charter compilation have been rendered obsolete by (c) Commission/Manager integration with the abolition of the municipal court and the transfer of administration. The City Commission or its members its jurisdiction to the county court pursuant to Fla. shall deal with city officers and employees who are Const., Art. V, § 20, and have been deleted. Said su bject to the direction and supervision of the City compilation provision s were derived from Laws of Manager solely through the Manager, when such Fla. 1947, Ch. 24398, §§ 45 - 55, as amended by Ord. dealings involve giving orders or making requests for Nos. 73 - 47 and 73 - 53. services to any such officer or employee. All employees and officers shall be permitted to provide inform ation to any Commissioner or member of the public upon request. (Laws of Fla. 1947, Ch. 24398, § 14; Ord. No. 73 - 46, § 1, 11 - 6 - 73; Ord. No. 76 - 43, § 1, 10 - 5 - 76; Ord. No. 89 - 29, § 1, 9 - 19 - 89; Ord. No. 02 - 038, § 2, 8 - 20 - 02, election of 11 - 5 - 02) 2002 S - 1 9 Repl. Boynton Beach Code 10 Secs. 50, 51 Deleted. Sec. 57. City Attorney — Appointment, term, function. Editor's note — Ord. No. 02 - 043, § 4, 8 - 20 - 02, election of 11 - 5 - 02, deleted §§ 50 - 51 and added text of The City Commission may appoint a lawyer, both to Article II as §§ 19, 20. admitted to practice in the courts of this State, as City Attorney, who shall hold office du ring the pleasure of the Commission, and act as the legal advisor to, and Sec. 52. Deleted. attorney and counselor for, the Municipality and all of its officers in matters relating to their official duties. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, (Laws of Fla. 1947, Ch. 24398, § 56; Ord. No. 02 - election of 11 - 5 - 02, deleted § 52 pertaining to 043, § 5, 8 - 20 - 02, election of 11 - 5 - 02) qualifications, duties and oath of elective officers. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 17; as amended by Ord. No. 75 - 14, § 1, 5 - 6 - Sec. 58. Same — Duties. 75. The City Attorney, shall, when requested by the City Commission, prepare all contracts, bonds, and Secs. 53, 54 Deleted. other instruments in writing in which the municipality is concerned, or shall endorse on each his approval of Editor's note — O rd. No. 02 - 043, § 4, 8 - 20 - 02, the form, language and execution thereof; and no election of 11 - 5 - 02, deleted 53 - 54 and added text of contract with the municipality shall be binding upon both to Article II as §§ 23, 24. the municipality until his approval is so endorsed thereon. When required by the Commission, he shall prosecute and defend, for and in behalf of the City , all Sec. 55. Compensation of Mayor and City complaints, suits and controversies in which the City Commission. is a party. He shall furnish the Commission, or the City Clerk, his opinion on any question of law Each member of the City Commission, including relating to their respective powers and duties; and he the member who serves as Mayor, shall receive a shall perform such other professional duti es as may salary not to exceed three hundred fifty dollars be required of him by ordinance or resolution of the ($350.00) per member per month. (Laws of Fla. 1947, Commission or by this Charter, or such as are Ch. 24398, § 21; Laws of Fla., Ch. 65 - 1268, § 1; Ord. prescribed for City Attorneys under the general laws No. 74 - 25, § 1, 9 - 3 - 74; Ord. No. 81 - 36, § 1, 11 - 3 - 81; of the State, not inconsistent with this Charter. (Laws Ord. No. 84 - 44, § 1, 11 - 7 - 84; Ord. No . 02 - 043, § 5, 8 - of Fla. 1947, Ch. 24398, § 57; Ord. No . 02 - 043, § 5, 20 - 02, election of 11 - 5 - 02) 8 - 20 - 02, election of 11 - 5 - 02) Cross reference - Authority to contract and contract execution, attestation and seal, § 21. Sec. 56. Deleted. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, Sec. 59. Same — Compensation. election of 11 - 5 - 02, deleted § 56 pertaining to Council meetings, rules of procedure, and minutes. Said The City Commission may, from time to time, section was derived from Laws of Fla. 1 947, Ch. fix the regular compensation of the City Att orney at a 24398, § 23; as amended by Ord. No. 75 - 11, § 1, 4 - 1 - sum commensurate with the duties which may be 75. imposed upon him by this Charter and by the Commission; 2002 S - 19 Charter 11 provided, that all special or unusual services required Ord. No. Date Sec. of the City Attorney, the fee for which is not otherwis e prescribed, may be specially compensated as the 74 - 6 2 - 5 - 74 1 Commission may see fit to provide. (Laws of Fla. 74 - 8 2 - 19 - 74 1 1947, Ch. 24398, § 58; Ord. No. 02 - 043, § 3, 8 - 20 - 02, 74 - 1 3 - 19 - 74 1 election of 11 - 5 - 02) 74 - 24 8 - 20 - 74 1, 2 75 - 42 1 - 5 - 76 1 80 - 25 7 - 1 - 80 1 Secs. 60, 61. Reserved. 87 - 5 2 - 17 - 87 1 Editor's note - Ord. No. 79 - 30, § 1, adopted Oct. The user's attention is directed to § 2 - 56 et seq., of 16, 19 79, repealed §§ 60 and 61, pertaining to the the Code for current provisions concerning similar appointment and duties of the chief of police. Section subject matter. 60 was derived from Laws of Fla. 1947, Ch. 24398, § 59. Section 61 was derived from § 60 of said act, as amended by Ord. No. 74 - 35, § 1. Sec. 65. Reserved. Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - Sec. 62. Deleted . 19 - 97, repealed § 65 pertaining to city clerk and tax collector. Said section was derived from Laws of Fla. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, 1947, Ch. 24398, § 64. election of 11 - 5 - 02, deleted § 62 pertaining to power and authority of police. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 61. Sec. 66. Deleted. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, Sec. 63. Reserved. election of 11 - 5 - 02, deleted § 66 pertaining to duties of City Clerk. Said section was derived from Ord. Editor's note - Ord. No. 73 - 45, § 1, ado pted Nov. No. 77 - 3, § 1, 2 - 1 - 77. 6, 1973, repealed § 63 pertaining to the appointment and duties of the superintendent of public works and utilities. Said section was derived from Laws of Fla. Sec. 66.1. Reserved. 1947, Ch. 24398, § 62. Edito r's note — Ord. No. 97 - 43, § 2, adopted 8 - 19 - 97, repealed § 66.1 defining public records. Said Secs. 64, 64.1. Reserved. section was derived from Ord. No. 77 - 3, § 2, 2 - 1 - 77. Editor's note - Ord. No. 90 - 54, § 1 , adopted Nov. Sec. 66.2. Reserved. 20, 1990, provided for the deletion of §§ 64 and 64.1 which pertained to the purchasing agent, competitive Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - bidding and exceptions to competitive bidding 19 - 97, repealed § 66.2 pertaining to del ivery of procedures. Such sections were derived from Laws of public records to City Clerk. Said section was Fla. 1947, Ch. 24398, § 63; Laws of Fla., Ch. 63 - derived from Ord. No. 77 - 3, § 3, 2 - 1 - 77. 1124, § 1 and Ch. 69 - 846, § 1; and the following local legislation: 2002 S - 19 Boynton Beach Code 12 Sec. 67. Reserved. ARTICLE IV - A. MERIT SYSTEM FOR PERSONNEL Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - 19 - 97, repealed § 67 pertaining to duties of tax *Editor's note - Laws of Fla., Ch. 61 - 1889, from c ollector; the city depository; and report of funds. which this article is derived, was ratified by the Said section was derived from Laws of Fla. 1947, Ch. electorate Dec. 5, 1961, Laws of Fla. 1953, Ch. 24398, § 66. 28910, authorizing a civil service sy stem and providing for its regulation by ordinance, is superseded by said 1961 act, and has been deleted Sec. 68. Deleted. from this Charter. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, election of 11 - 5 - 02, deleted § 68 pertaining to duties Sec. 72. Deleted. of City Treasur er. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 67. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, election of 11 - 5 - 02, deleted § 72 pertaining to the establishment of a merit system for city personnel and Sec. 69. Reserved. the scope of its provisions. Said section was derived from Laws of Fla., Ch. 61 - 1889, § 2(1); as amended Editor's note - Ord. No. 79 - 30, § 1, adopted Oct. by Ord. No. 97 - 52, § 2, 1 - 20 - 98, election of 3 - 10 - 98. 16, 1979, repealed § 69, pertaining to the appointment and duties of the fire chief. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 169. Sec. 72.1. Deleted. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, Sec. 70. Bond for tax collector, treasurer, police election of 11 - 5 - 02, deleted § 72 pertaining to chief and depositories. classified and unclassified service. Said section was derived from Laws of Fla., Ch. 61 - 1889, § 2(2) . The Tax Collector, Treasurer, and Chief of Police, and City Depositories, shall each give such bond for the faithful discharge of their r espective Sec. 72.2. Status of present employees. duties, and for the protection of City deposits as may be prescribed by the City Commission, and the City Any person holding a position in the classifie d Commission shall have authority to require any other service when this act [article] takes effect*, who shall officer to give bond and fix the amount thereof. (Laws have served in such position for a period of at least of Fla. 1947, Ch. 24398, § 18; O rd. No. 02 - 043, § 5, 8 - twelve (12) months, shall be retained without 20 - 02, election of 11 - 5 - 02) preliminary or performance tests and shall thereafter be subject in all other respects to the pro visions of this act [article]. All other persons in the classified Sec. 71. Reserved. service at the time this act [article] takes effect shall be considered as having been given probationary Editor's note — Ord. No. 97 - 43, § 2, adopted 8 - appointment from the time of their employment. 19 - 97, repealed § 71 prohibiting relatives of mayor (Laws of Fla., Ch. 61 - 1889, § 2(3); Ord. No. 83 - 56, § and councilmen from holding city positions. Said 5, 1 - 3 - 84) section was derived from Laws of Fl a. 1947, Ch. 24398, § 147. 2002 S - 19 Charter 13 Sec. 72.3. Deleted. Sec. 72.12. Reserved. Editor's note — Ord. No. 02 - 042, § 2, 8 - 20 - 02, Editor's note — Ord. No. 97 - 53, § 2, adopted 3 - election of 11 - 5 - 02, deleted § 72.3 pertaining to the 10 - 98, repealed § 72.12 pe rtaining to removals and powers and duties of the Personnel Director. Said appeals. Said section was derived from Laws of Fla., section was derived from Laws of Fla. 1947, Ch. 61 - Ch. 61 - 1889, § 2(13), as amended by Ord. No. 80 - 40, 1889, § 2(4); as amended by Ord. 83 - 56, § 1, 1 - 3 - 84. § 1, 10 - 8 - 80; Ord. No. 83 - 56, § 4, 1 - 3 - 84. Secs. 72.4 - 72.8. Reserved. Sec. 72.13. Deleted. Editor's note — Ord. No. 97 - 53, adopted Jan. 20, Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, 1998, repealed Secs. 72.4 - 72.8, which pertained to the election of 11 - 5 - 02, deleted § 72.13 pertaining to Civil Service Board. Prior to repeal, such codification absence of City Manager. Said section was derived was derived from Laws of Fla., Ch. 61 - 1989, § 2(5) - from Laws of Fla, Ch. 61 - 1889, § 2(14); as amended 2(9). by Ord. No. 80 - 40, § 1, 10 - 8 - 80. Sec. 72.9. Deleted. ARTICLE V. REVENUE AND TAXATION* Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, election of 11 - 5 - 02, deleted § 72.9 pertaining to *State law references - Municipal finance and personnel rules. Said section was derived from Laws taxation generally, F.S. §§ 166.211 et seq.; local of Fla, Ch. 61 - 1889, § 2(10); as amended by Ord. No. financial management and reporting, F.S. §§ 218.30 80 - 24, § 1, 6 - 3 - 80; Ord. No. 80 - 40, § 1, 10 - 8 - 80; Ord. et seq.; investment of local government surplus funds, No. 83 - 56, § 3, 1 - 3 - 84. F.S. §§ 218.40 et seq. Sec. 72.10. Deleted. Sec. 73. Deleted. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, Editor's Note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, election of 11 - 5 - 02, deleted § 72.10 pertaining to rules election of 11 - 5 - 02, deleted § 73, which defined the incorpora ting principles of merit and fitness. Said fiscal year. Said section was derived from Laws of section was derived from Laws of Fla, Ch. 61 - 1889, § Fla. 1947, Ch. 24398, § 167; Laws of Fla., Ch. 69 - 2(11); as amended by Ord. No. 80 - 40, § 1, 10 - 8 - 80. 847, § 1. Sec. 72.11. Deleted. Sec. 74. Deleted. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, election of 11 - 5 - 02, deleted § 72.11 p ertaining to election of 11 - 5 - 02, deleted § 74 pertaining to causes for suspension and dismissal. Said section was property subject to taxation. Said section was derived from Laws of Fla, Ch. 61 - 1889, § 2(12); as derived from Laws of Fla. 1947, Ch. 24398, § 68. amended by Ord. No. 80 - 40, § 1, 10 - 8 - 80. 2002 S - 19 Boynton Beach Code 14 Sec. 75. Deleted. Secs. 85 - 111. Deleted. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, Editor's note - Provisions formerly codified as § § election of 11 - 5 - 02, deleted § 75 p ertaining to 85 - 111, derived from Laws of Fla. 1947, Ch. 24398, authority to levy and purposes of taxation. Said §§ 79 - 105, have been rendered obsolete by the section was derived from Laws of Fla. 1947, Ch. assumption of the tax assessing and collecting 24398, § 69. functions by the county, pursuant to F.S. § 193.116. Sec. 76. Deleted. Secs. 112 - 128. Deleted. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, Editor's note - Provisions form erly codified as §§ election of 11 - 5 - 02, deleted § 76 pertaining to 112 - 128, derived from Laws of Fla. 1947, Ch. 24398, authority to levy excise and license taxes. Said section §§ 106 - 122, have been rendered obsolete by the was derived from Laws of Fla. 1947, Ch. 24398, § 70. assumption of the tax assessing and collecting functions by the county, pursuant to F.S. § 193.116. Sec. 77. Deleted. Sec. 129. Report of taxes collected by Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, election of 11 - 5 - 02, deleted § 77 pertaining to authority to annually levy a special tax for p ublicity and advertising purposes. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 71. Secs. 78 - 83. Deleted. Editor's note - Provisions formerly codified as §§ 78 - 83, derived from Laws of Fla. 1947, Ch. 24398, §§ 72 - 77, have been rendered obsolete by the assumption of the tax assessing and collecting functions by the county, pursuant to F.S. § 193.116. Sec. 84. Deleted. Editor's note — Ord. No. 02 - 043, § 2, 8 - 20 - 02, election of 11 - 5 - 02, deleted § 84 pertaining to determination of necessar y revenue and certification of a tax levy. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 78; as amended by Ord. No. 74 - 22, § 1, 8 - 20 - 74; Ord. No. 76 - 34, § 1, 9 - 7 - 76. Editor's note - Section 129, derived from Laws of Fla. 1947, Ch. 24398, § 123, has been converted to C ordinance status by the Home Rule Act, F.S. § i 166.021, and has been moved to the Code of t Ordinances at y the direction of the city. C o ARTICLE VI. RESERVED m m i Secs. 130 - 137. s Reserved. s Editor's Note i — Ord. No. 97 - 43, § 2, adopted 8 - 19 - 97, repealed §§ 130 o - 137 pertaining to bonds. Said sections were derived from Laws of Fla. 1947, n Ch. 24398, §§ 124.24 . - 124.30 a nd § 124.66. 2002 S - 19 Charter 15 ARTICLE VII. ELECTIONS (35%) percent of the vote in the first election, a second election, limited to the two ( 2) candidates receiving respectively the highest and the next highest Sec. 138. Call by Mayor, publication of number of votes in the first election shall be held on proclamation; qualification of the fourteenth day after the first election, and the candidates, filing by candidates with candidate receiving the higher number of votes in the City Clerk; notification of Supervisor second election shall be declared elected. (Laws of of Elections. Fla. 1947, Ch. 24398, § 132; Ord. No. 80 - 46, § 2, 10 - 31 - 80; Ord. No. 83 - 51, § 3, 12 - 20 - 83; Ord. No. 95 - 25, All gener al and special elections, unless § 2, 7 - 18 - 95) otherwise provided in this Act, shall be called by Cross - reference - Composition, election, terms, proclamation of the Mayor; published in a newspaper vacancies, see Charter § 17. published in the City of Boynton Beach, Florida, once a week for two (2) consecutive weeks, or, if no newspaper is publi shed in the City of Boynton Beach, Sec. 140. Reserved. Florida, by posting same at the City Hall for two (2) weeks, and such election that may be held upon such Editor' s note - Ord. No. 82 - 20, § 1, enacted July notice. 20, 1982, repealed § 140 which prohibited persons connected with the city government from soliciting Candidates for City Commission shall file such votes or support for the nomination or election of a papers and pay such fees as may be required by law candidate for councilman. Said section was derived with th e City Clerk no earlier than noon on the fourth from Laws of Fla. 1947, Ch. 24398, § 133. Thursday in August (i.e. for the November 2002 election, qualifying period will commence on August 22, 2002), nor later than noon on the first Thursday in Sec. 141. Regular municipal election, date; September (i.e. for the November 2002 election, quali fying period will end on September 5, 2002) of the calendar year in which the election is to be held. The City Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections by 5:00 p.m. on the first Friday after the cl ose of qualifying. (Laws of Fla. 1947, Ch. 24398, § 131; Ord. No. 80 - 41, § 3, 10 - 21 - 80; Ord. No. 80 - 46, § 2, 10 - 31 - 80; Ord. No. 83 - 51, § 2, 12 - 20 - 83; Ord. No. 01 - 25, § 7, 7 - 3 - 01; Ord. No. 02 - 043, § 5, 8 - 20 - 02, election of 11 - 5 - 02; Ord. No. 02 - 046, § 2, 8 - 2 0 - 02) Sec. 139. General and run - off elections. A special election for any purpose shall be held as provided in the Charter or by ordinance not inconsistent herewith. In every election to any office, the candidate receiving the highest percentage of the vote in excess of thirty - five (35%) percent of the votes validly cast shall be declared elected. If, in any election, no candidate receives in excess of thirty - five r s f o r C o m m i s s i o n e r s ; m e t Regular municipal elections shall be held on the h first Tuesday after the first o Monday in November in an election year. In the event a run d - off election is required as specified in Section 139 hereof, said election shall be held on the fourteenth day after the o first election. The City Commission shall prescribe, f by ordinance, the meth od and manner of holding all elections in said City, and shall provide when and h how special elections shall be called and held, which o are not provided by the terms of this Charter, and all l elections shall be conducted substantially on the d principle adopted i for state election insofar as there are no conflicts with the terms of this Charter. (Laws of n Fla. 1947, Ch. 24398, § 134; Ord. No. 80 g - 41, § 4, 10 - 21 - 80; Ord. No. 83 - 51, § 4, 12 - 20 - 83; Ord. No. 01 - 25, § 7, 7 - 3 - 01; Ord. No. 02 e - 021, § 2, passed 6 - 4 - 02; Ord. No. 02 - 043, § 5, 8 l - 20 - 02, election of 11 - 5 - 02) e 2002 S - 19 Boynton Beach Code 16 Sec. 142. Registration officer and registration. Sec. 144. Polls, opening and closing; voting results, certification, canvass of The City Clerk shall be the registration officer of returns, declaration of results; tie the City and said clerk, or his/her duly appointed vote. deputies, shal l register all persons applying to him/her whose names are not already borne upon the The polls shall open at sunrise and close at registration book applicable to the City and who are sunset .* The result of the voting, when ascertained, qualified as electors under the Constitution and laws shall be certified by return in duplicate, signed by the of the State of Florida. For this purpose, such clerks and the majority of the inspectors of the registrations s hall be received during normal business election, one copy to be delivered to the Mayor, and hours, or at such other times as designated by the City the other to the City Clerk, both of whom shall Commission, at the office of the City Clerk or at such tr ansmit such returns to the City Commission at a other places within the City limits when duly called meeting to be held not later than three days designated by the City Commission.* Registrations after such election. At such meeting the City shall be upon forms provided by the Supervisor of Commission shall canvass the returns, and in the Elections of Palm Beach County, Florida. (Laws of absence of a declaration of a contest by any of the Fla. 1947, Ch. 24398, § 15; Laws of Fla., Ch. 63 - 1125, candidate s in such election, shall declare the result of § 1; Ord. No. 74 - 23, § 1, 8 - 20 - 74; Ord. No. 02 - 043, § the election as shown by the returns made by clerks 3, 8 - 20 - 02, election of 11 - 5 - 02) and inspectors for said election. *Editor's note - Florida Statutes, § 98.051, requires registration to be closed on the thirtieth day A tie between two (2) or more candidates shall before an election, and the city is required to use the be determined as prescribed by ordinance. The City county's voter registration rolls. Clerk, not later than noon the second day thereafter, State law reference - City required to use county shall furnish a certificate of election to each person registration rolls, F.S. § 98.041. It i s customary for the shown to be elected. (Laws of Fla. 1947, Ch. 24398, § county supervisor of elections to designate the city 137; Ord. No. 02 - 043, § 5, 8 - 20 - 02, election of 11 - 5 - clerk as a deputy registrar so that registration may be 02) effected at city hall. *State law reference - Open hours for the polls in local el ections are prescribed as from 7:00 a.m. to 7:00 p.m. by F.S. § 100.011. Sec. 143. Arrangements by City Commission; inspectors and clerks, appointment. Secs. 145, 146. Repealed. The City Commission s hall make all necessary arrangements for holding all municipal election(s) and Editor's note - Ord. No. 75 - 44, adopted Jan. 20, shall declare the result thereof. Inspectors and clerks 1976, repealed §§ 145 and 146, pertaining to the of elections shall be appointed by the City recall of elected officers. Said sections were derived Commission, but if the City Commission shall fail to fr om Laws of Fla. 1947, Ch. 24398, §§ 138, 139. appoint them at least tw o (2) days before the date of any election, the Mayor may appoint them. In the event that both of these plans fail to secure inspectors Sec. 147. Initiative petition of proposed and clerks for any election, the City Clerk shall make ordinances — Required signatures, etc. the appointments on the day of the election. (Laws of Fla. 1947, Ch. 24398, § 136; Ord. No. 02 - 043, § 5, 8 - Any proposed ordinance, including ordinances 20 - 02, election of 11 - 5 - 02) for repeal of ordinances then in effect or which have 2002 S - 19 Charter 17 been enacted but not yet effective, may be submitted such petition and the refusal of the City Commission to the City Commission by a petition, signed by at to pass said ordinance, to be published in a newspaper least twenty - five per cent of the total number of of general circulation published in the City of registered voters in the City. All petitions circulated Boynton Beach, and the City Commission shall at with respect to any proposed ordinance shall be once proceed to submit the passage of the ordinance uniform in character, shall contain the proposed to the majority vote of the qualified electors of the ordinance in full and shall have printed or written City voting in such election. If a regular or special thereon the names of five electors who shall be election is to be held in the City not earlier than thirty officially regarded as filing the petition, and shall days, nor later than sixty days, the ordinance shall be constitute a committee of the petitioners fo r purposes submitted to the voters at such election; otherwise an hereinafter named. Each signer of the petition shall election shall be called for such submission. At least sign his name in ink or indelible pencil and shall place ten days before such election the City Clerk shall on the petition opposite his name the date of his cause the text of the ordinance to be published in a signature. The signatures of any such petition need not newspaper of general c irculation published in the city. be appended to one paper, but to each such paper shall (Laws of Fla. 1947, Ch. 24398, § 142; Ord. No. 02 - be attached an affidavit by the circulator thereof, 043, § 5, 8 - 20 - 02, election of 11 - 5 - 02) stating the number of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it Sec. 150. Same — Offending ordinance purports to be, and that it was made in the presence of suspended. the affiant on the date indicated. (Laws of Fla. 1947, Ch. 24398, § 140; Ord. No. 02 - 043, § 5, 8 - 20 - 02, When the initiative petition is for an ordinance election of 11 - 5 - 02) repealing or amending an ordin ance which has been enacted, but is not yet effective, the offending ordinance shall not go into effect until after the Sec. 148. Same — Filing with City Clerk, submission demands of the petition shall have been carried out. to City Commission. (Laws of Fla. 1947, Ch. 24398, § 143) All papers comprising an initiative petition shall be assembled and filed with the City Clerk as one Sec. 151. Same — Form of referendum ballot. instrument within thirty days of the first signature thereon, and when so filed the City Clerk shall submit Referendum elections shall be provided for in the same to the City Commission at its next regular the same manner as other elections of the City. The meeting and prov isions shall be made by the City ballot shall be a piece of plain white paper which Clerk for public hearings upon the proposed shall have printed upon it the title of the ordinance to ordinance. (Laws of Fla. 1947, Ch. 24398, § 141; Ord. be referred, below which shall be two lines in t he No. 02 - 043, § 5, 8 - 20 - 02, election of 11 - 5 - 02) following form: FOR Sec. 149. Same — Action of City Commission; THE ORDINANCE referendum. The City Commission shall at once proceed to AGAINST THE ORDINANCE consider such petition and shall take final action thereon within thirty days after the date of submission. If the City Commission rejects any of the provisions The voter shall express himself by placing a of the proposed ordinance, as set forth in the petition, cross X mark to the right of the line indicating his the City Clerk shall at once cause notice of the filing desire in the matter. (Laws of Fla. 1947, Ch. 24398, § of 144) 2002 S - 19 Boynton Beach Code 18 Sec. 152. Same — Vote required to amend or repeal. continue to hold their respective offices and to discharge the respective duties thereof until their Ordinances adopted by referendum vote can be successors are elected and qualified under the amended or repealed only by a referendum vote, but provisions of this Charter; and all exis ting ordinances the proposition to amend or repeal such ordinances shall continue in effect and unimpaired until repealed, m ay be submitted to the voters in any regular election amended or modified by the municipality which is of the city, provided that no later than fifteen days hereby incorporated. (Laws of Fla. 1947, Ch. 24398, before such election the City Commission shall cause § 149) notice of such reference to be published in a newspaper of general circulation published in the City of Boynton Beach, Florida, using only the title of such ordinance in the notice if it is to be repealed, but the ARTICLE VIII. RESERVED amendment in full if it is to be amended. Said notice to be posted in three public places if there be no newspaper published in the City. (Laws of Fla. 1947, Secs. 156 - 169. Reserved. Ch. 24398, § 145; Ord. No. 02 - 043, § 5, 8 - 20 - 02, election of 11 - 5 - 02) Editor's Note — Ord. N o. 97 - 43, § 2, adopted 8 - 19 - 97, repealed § 156 — 169 pertaining to public improvements and assessments. Said sections were Sec. 153. Same — Duty of City Attorney to draft derived from Laws of Fla. 1947, Ch. 24398, §§ 151 — ordinance and advise upon. 154 and 156 — 165. It shall be the duty of the City Attorney to draft initiative ordinances or to pass upo n the legality of the same when requested to do so by the referendum ARTICLE IX. CONTRACTS AND LEASES OF committee of five. (Laws of Fla. 1947, Ch. 24398, § BEACH PROPERTY* 146) Sec. 170 . Authorized. Sec. 154. Reserved. The City of Boynton Beach may from time to Editor's note - Ord. No. 83 - 51, § 6, adopted Dec. time enter into such contracts and lease agreements of 20, 1983, repealed § 154, “Primary elections, portions of the Municipal Beach property, being in authority to provide; filing fee,” which section derived the Town of Ocean Ridge, Palm Beach County, from Laws of Fla. 1947, Ch. 24398, § 150, and Ord. Florida, for the providing of recreational faci lities No. 77 - 78, § 1, adopted Feb. 20, 1977. upon the terms and conditions as the City Commission may deem to be in the best interest of the City. All such leases shall be subject to the rights Sec. 155. Officers hold until successors of the public at all times, to use the public bathing qualify; ordinances continued. beach. (Laws of Fla. 1953, Ch. 28909, § 1; Or d. No. 02 - 043, § 5, 8 - 20 - 02, election of 11 - 5 - 02) All officers theretofore elected or appoin ted and holding office under the said municipality shall 2002 S - 19 Charter 19 Sec. 171. Deleted. Fla. 1953, Ch. 28909, which did not expressly amend the Charter. The lease set out herein is no longer in Editor's note - The city has directed the deletion of effect, but the city has directed the inclus ion of the § 171, which was derived from Laws of Fla. 1953, Ch. 1953 act, since it contains a description of the beach 28909, § 2. Said section ratified a 1952 lease between property. the city and Boynton Beach Development Corp. *Editor's note - Article IX is derived from Laws of 2002 S - 19 Boynton Beach Code 20