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05-25-11 CITY OF BOYNTON BEACH OFFICE OF THE CITY ATTORNEY MEMORANDUM TO: Mayor and Members of the City Commission CC: Kurt Bressner, City Manager Janet Prainito, City Clerk FROM: James A. Cherof, City Attorney J C David N. Tolces, Assistant City Attorney TJN? DATE: January 5, 2011 RE: Charter Review Commission At the January 4, 2011 City Commission meeting, the City Commission requested a report related to the creation of a Charter Review Commission to review the City's Charter and recommend any amendments to the Charter. Attorneys with our firm have experience in representing Charter Review Commissions at both the municipal and county levels, including the following Charter Review Commissions: Broward County, Brevard County, Pembroke Pines, North Lauderdale, Tamarac, Lauderdale -By- The -Sea, and Delray Beach. The primary purpose of a Charter Review Commission is to recommend amendments to the City's Charter. The recommendations are then forwarded to the City Commission for consideration. Those amendments which the City Commission desires to enact, are then presented to the registered electors within the City for consideration at a referendum election. If a majority of the registered electors vote in favor of the amendment, the amendment is approved and the City's Charter would be amended accordingly. Typically a Charter Review Commission for a municipality consists of five or seven members who are appointed by the City Commission. The Charter Review Commission meets once or twice a month for a period of time which will allow the Charter Review Commission members to review, discuss, and then forward recommendations for amendments to the City Charter to the City Commission. The City Commission must receive the recommendations at a time that allows the City Commission to discuss, review, and then place the items before the electors at a referendum through the adoption of a Resolution. The referendum election is usually held in conjunction with a municipal election since the City would otherwise incur significant costs for a special election. We will be available to provide further comments and to discuss this matter with the City Commission at the January 18, 2010 City Commission meeting. If you have any further questions, please contact our office. DNT:dnt H \ 1990 \900182 BB \MEMO 2011 \Mayor and Commission (Charter Review Commission) doc CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: January 18, 2011 ❑ OPENINGS ❑ PUBLIC HEARING ❑ OTHER ❑ CITY MANAGERS REPORT ❑ ANNOUNCEMENTS /PRESENTATIONS ❑ UNFINISHED BUSINESS NATURE OF AGENDA ITEM ❑ ADMINISTRATIVE ❑ NEW BUSINESS ❑ CONSENT AGENDA ® LEGAL ❑ BIDS AND PURCHASES OVER $100,000 ❑ FUTURE AGENDA ITEMS CODE COMPLIANCE AND LEGAL ❑ SETTLEMENTS REQUESTED ACTION BY CITY COMMISSION: Discussion on creation of Charter Review Committee to review the City Charter to make recommendations to the City Commission as to whether a provision should be changed, remain the same, be deleted, or new provisions added. EXPLANATION OF REQUEST: At the January 4, 2011 City Commission meeting, the City Commission requested information related to the process establishing Charter Review Committee to review the City's Charter and recommend amendments to the Charter. Boynton Beach does not have a specific requirement for the establishment of a charter review committee. Several of the communities that we researched have, as part of their charter, a provision that establishes a charter review committee. Prior changes to the Boynton Beach Charter were discussed at the City Commission level. The proposal is for a Committee to undertake review of the current Charter and make recommendations to the City Commission for consideration. Those amendments which the City Commission desires to enact, are then presented to the registered electors within the City for consideration at a referendum election. If a majority of the registered electors vote in favor of the amendment, the amendment is approved and the City's Charter would be amended accordingly. Based on our research, typically a Charter Review Committee for a municipality consists of five or seven members who serve by appointment of the City Commission. The Charter Review Committee meets once or twice a month for a period of time which will allow the Charter Review Committee members to review, discuss, and then forward recommendations for amendments to the City Charter to the City Commission. The City Commission must receive the recommendations at a time that allows the City Commission to discuss, review, and then place the items before the electors at a referendum through the adoption of a Resolution. The referendum election is usually held in conjunction with a municipal election since the City would otherwise incur significant costs for a special election. A copy of the Current City Charter, summary of the last Charter Amendments approved in the November 2002 referendum, copies of the minutes of Commission meetings when the amendments were discussed, and the authorizing Ordinances are attached for your review and to provide insight on how the process last occurred. How WILL THIS AFFECT CITY PROGRAMS OR SERVICES? NIA FISCAL IMPACT: The Charter Review Committee will be subject to Sunshine Law therefore Notices of meetings will be published and the attendance of a recording secretary to prepare minutes will be required. Those requirements add administrative costs. ALTERNATIVES: 1. Take no action and amendment charter on an as needed basis. 2. Administrative review and recommendation of Charter Amendments. 3. City Commission review of Charter without assistance of committee. Attachments: a. Current Boynton Beach Charter b. Charter Review Committee Information from other Communities including: 1) City of North Miami Beach — web page and Resolution 2008 -10 2) City of Tallahassee — web page and Section 134 of their Charter 3) City of North Port — web page and copies of Ordinances 89 -23, 92 -3 and 92 -17 creating and amending the Charter Review Advisory Board 4) City of West Palm Beach — Charter Review Committee web page 5) City of Parkland — Charter Review Board web page 6) City of Crystal River — Charter Review Committee web page c. Historical information on the actual charter changes in Boynton Beach in 2002, including: 1) Agenda and minutes from the August 20, 2002 City Commission meeting where the second reading of the Ordinances were read and approved. 2) Summary of each issue placed on the ballot 3) Copies of agenda cover sheets and Ordinances for Charter Amendments in 2002 Table of Contents Acknowledgements . .. . . .. . . . .. . . .. . . . . . . . ... .. . .. . . . . . . . . . . . . . . . . .. . . . . . . . .. . . . . . . . .. . . . . . . . . Introduction . .. .. ... .. .. .. . .. .. .. .. .. . .. . .. . ... . . ... . .. . .. . .. . .. . .. .. .. .. . .. . .. . . .. .. ... . ... '" iii Model Building: A Continuing Process . . . . . . . . .. . . . . . . . . . . .. . .. . . . . . . . .. . . . . . . . . . . .. . .. vii PREAMBLE . .. .. . .. ... .. .... . .. . .. .. .. . . .. . .. . .. . .. .. . . .. . . .. .. . .. . ... .. . . .. . .. . .. . .. . .. . .. . .. .... 1 Article I - POWERS OF THE CITY .... ... ...... .... ........ ......... ...... ....... ........ ..... 2 Section 1.01 Powers of the City ..................................................... 2 Section 1.02 Construction ............................................................ 3 Section 1.03 Intergovernmental Relations . . .. . .. . . . . .. . . . . . . . . . . . . . . . . . . . . . . .. . .. . . 3 Article II - CITY COUNCIL . '" ......... ......... .... ..... ...... ...... ....... ... ........ ...... 5 Section 2.01 General Powers and Duties . ...................... .... ....... . ...... . 5 Section 2.02 Eligibility, Terms, and Composition ............................. .... 6 Section 2.03 Mayor .. .. . .. . . .. .. . ... .. .. .. .. . .. .. . . .. ... .. .. .. . .. . .. . . .. .. . .. .. .. ... 10 Section 2.04 Compensation; Expenses . . . . . . . . .. . .. . . . . . . . . . . .. . . . . . . . . . . .. . . . . .... 12 Section 2.05 Prohibitions .......... ......... ............................ ...... ..... 13 Section 2.06 Vacancies; Forfeiture of Office; Filling Vacancies ........ ..... 14 Section 2.07 Judge of Qualifications . . . .. .. . . . . .. . . . . .. . .. . . . . . .. .. . . .. . . . . . . . . . ... 15 Section 2.08 City Clerk .... .... ..... ... ... ................... '" .. .... ........ ..... 16 Section 2.09 Investigations ........ ............ .. ......................... ...... ..... 16 Section 2.10 Independent Audit . . . . . . . . . . . . . . . . . . . . . . . " . .. . ... . . . . . . . . . . . . . . . .. . . 16 Section 2.11 Procedure .. .. .. .. .. .. .. .. .. .. .. . .. .. . .. .. .. . .. .. . . .. .. . .. . .. .. .. .. . ..... 17 Section 2.12 Action Requiring an Ordinance .. .. . .. . .. .... .. .. . .. . .. .. .. ... ..... 17 Section 2.13 Ordinances in General . . . . . . . . .. . .. . .. . . . . . . . . . . .. . .. . ... . . . . . . . . . . .. 18 Section 2.14 Emergency Ordinances . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . .. 19 Section 2.15 Codes of Technical Regulations ..... ........................... .... 20 Section 2.16 Authentication and Recording; Codification; Printing of Ordinances and Resolutions . . . . . " . . . . .. . . . . . . . .. . .. .. . . . . . . . . . . . . . . . . . . . . .. . . . . .. . .. 21 Article III - CITY MANAGER . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . .... 22 Section 3.01 Appointment; Qualifications; Compensation .................... 22 Section 3.02 Removal . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . . ... . . . . . . . . . . . . . . . . . . . . . . . . . . " 24 Section 3.03 Acting City Manager . . .. . . .. .. . .. .. .. . .. .. .... . .. . .. .... . .. .. . .. . .. . . 24 Section 3.04 Powers and Duties of the City Manager ....................... .... 25 Article IV - DEPARTMENTS, OFFICES, AND AGENCIES ................... ....... ..... 26 Section 4.01 General Provisions . . . . . . . . .. . . . . .. . . . . . . . . . . . . . . . . . . . .. . . . . . . . . . . . . . . 26 Section 4.02 Personnel System .............................................. ..... 27 Section 4.03 Legal Officer ....... . .. .......................... . ......... ....... ..... 28 Section 4.04 Land Use, Development, and Environmental Planning 29 Article V - FINANCIAL MANAGEMENT . .......... ... ........ .................. ... ...... 30 Section 5.01 Fiscal Year ............................................................ 30 Section 5.02 Submission of Budget and Budget Message ...................... 30 Section 5.03 Budget Message .................................................. .... 31 Section 5.04 Budget ......................................... .. ......... . ............ 31 Section 5.05 City Council Action on Budget ...................... .............. 32 Section 5.06 Appropriation and Revenue Ordinances . . .. . . . . . . . .. . . . . . . . . . . .... 34 City of Ocoee - Document Management System SectIOn 5.07 Amendments After Adoption Section 5,08 Administration and Fiduciary Oversight of the Budget Section 5.09 Capital Program Section 5.10 City Council Action on CapIta] Program Section 5.11 Independent Audi1 Section 5.12 Public Records Article VI - ELECTIONS Section 6.01 City Elections Section 6.02 Council D,istricts; Adjustment of Districts (for use with Alternatives II, III and IV of 9 6.03) .. Section 6,03 Methods of Electing Council Members Section 6.04 Initiative, Citizen Referendum, and RecaJ1 Article VII - GENERAL PROVISIONS Section 7.01 Conflicts of Interest; Board of Ethics Section 7.02 Prohibitions Section 7.03 Campaign Finance Article VIII - CHARTER AMENDMENT Section 8.01 Proposal of Amendment Section 8.02 Election Section 8.03 Adoption of Amendment Article IX - TRANSITION AND SEVERABILIn Section 9,01 Officers and Employees Section 9.02 Departments, Offices, and Agencies Section 9.03 Pending Matters Section 9,04 State and Municipal Laws Section 9,05 Schedule Section 9.06 Severability Appendix - OPTIONS FOR MAYOR-COUNCIL CITIES Change with Continuity in the Values of Local Government Reform Citizen-Based Government: A Process to Engage Citizens in Charter Revision City of Ocoee .. Document Management System ~'b :~6 ., .' 38 39 39 39 42 46 48 5~ 5~ 54 5" 5t 5(\ " 5~ 58 ~;~, "" :' 59 5l, 61 !) IJ:) PART I CHARTER* In General, ~~ 1-14 City Commission, ~~ 15-37 Municipal Court, ~~ 38-48 Administration, ~~ 49-71 Merit System For Personnel, ~~ 72-72.13 Revenue and Taxation, ~~ 73-129 Reserved Elections, ~~ 138-155 Public Improvements and Assessments, ~~ 156-169 Contracts and Leases of Beach Property, ~~ 170-171 *Editor's note-The present Chaner of the city was enacted by Laws of Fla. 1947, Ch. 24398, which has been amended frequently both by special acts and by ordinances. The sections of the original act (Ch. 24398, 1947) 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 error by renumbering staning with ~ 77. However, they omitted section number 155. Consequently, the section numbers of the original act and those in the published Special Acts of 1947 agree from ~~ 1-76 and from ~ 156 on. /n preparing the 1958 Code of Ordinances of the City, the editors reorganized the Chaner into ankles and renumbered its sections. The editors of this compilation have adopted the same organization and numbering used by their predecessors. However, note that the source of each section is shown in parentheses following the section. Words and phrases have been added in brackets where necessary to clarify meaning. Ord. No. 87-4, ~~ 1-3, adopted Feb. 3, 1987, provided that the name and title of the legislative body of the city be changed from "city councir to "city commission" and that all references within the Chaner and Code of Ordinances to the tenns city council or councilman shall be synorrymous to the tenns city commission or city commissioner until such time as recodification of the Chaner and Code of Ordinances is required; see also, ~~ 1-2 and 2-1./ of the Code of Ordinances. Prior to such recodification, the above Art. I. Art. II. Art. m. Art. IV. Art. IVA. Art. Art. Art. An. v. VI. VII. vm. An. IX. 2002 S-19 noted changes will be made in the Code as pages are necessarily updated through the supplement service pursuant to the city's instructions; and such changes will be made in the Chaner only as prescribed by subsequent amendments to specific sections. ARTICLE 1. IN GENERAL Sec. 1. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed ~ 1 penaining to the abolition of existing government. Said section was derived from Laws of Fla. 1947, Ch. 24398, ~ 1. Sec. 2. Title to property reserved. That the rights, title, ownership of property, uncollected taxes, dues, claims, judgments, decree, choses in action, held and owned by the municipality of the City of Boynton Beach, County of Palm Beach, State of Florida, shall pass to and be vested in the new municipal corporation hereby created and established to succeed such municipality. (Laws of Fla. 1947, Ch. 24398, ~ 2) Sec. 3. Obligations unimpaired. That the present territory which is responsible for the bonds, contracts, judgments, and debts of the City of Boynton Beach and all property included therein shall be held responsible for and be bound for all of said bonds, contracts, judgments, and debts now held against said city. That no obligations or contracts of said municipality hereby abolished, including bonds heretofore issued, or any proceeding heretofore begun for any improvement, or for the borrowing of money, or issuing of bonds, or for the refunding of bonds, shall be impaired or avoided by this Act. (Laws of Fla. 1947, Ch. 24398, ~ 3) 1 2 Boynton Beach Code Sec. 4. Officers hold until successors qualify; existing laws continued. That all the officers heretofore elected or appointed and holding office under the old City of Boynton Beach, Palm Beach County, Florida, shall continue to hold their respective offices and to discharge the duties thereof until their successors are elected and qualified under the provisions of this Act; and all existing laws and ordinances of the said municipality not in conflict with the provisions of this Act shall continue unimpaired and of binding effect until repealed, amended or modified by the municipality hereby created and organized (Laws of Fla. 1947, Ch, 24398, S 4) Sec. 5. Establishment of new municipality. The Municipality to be known and designated as the City of Boynton Beach IS hereby established. organized and constituted in the County of Palm Beach, State of Florida, and the inhabitants of the City of Boynton Beach, Florida, within the boundaries hereinafter described and designated or within such boundaries as may hereinafter be established, is hereby created, organized and established, and shall continue to be a body politic and corporate under the name of the City of Boynton Beach, and as such shall have perpetual succession, may use a common seal, may contract and be contracted with, and may sue and be sued, plead and be impleaded in all the courts of this state and in all matters whatsoever. (Laws of Fla, 1947, Ch. 24398, S 5) Sec. 6. Boundaries. EdiJor's note-The boundaries of the city were described originally by Laws of Fla. 1947, Ch. 24398, ~ 6, as amended by Laws of Fla. 1955, Ch. 30588, ~ 1; Laws of Fla. Ch. 61-1888, ~ 1; and Laws of Fla. Ch. 68-81. Said 1968 act completely redescribed the boundaries. Further annexations have been made by the following ordinances: 2002 $-19 Ord. 1'\'0. 627 62-8 62-15 63-37 64-4 64-5 65-17 65 -1 8 65-21 65-35 69-8 70-4 70-7 70-25 72-16 78-40 79-11 79-1 7 80-9 81-29 82-14 82-26 82-27 82-32 82-33 82-34 82-35 82-38 82-39 82-40 82-49 83-2 83 -46 83-49 83-52 84-3 84-15 84-24 84-55 85-15 Date 6-4-62 6-4-62 9-17-62 1 -6-64 3.-2-64 3-2-64 ') -17-65 517-65 6-1 -65 8-16-65 4-7-69 3-2-70 3-16-70 (Date recorded) 9-29-70 6-20-72 9-19-78 4-3-79 8-7-79 7-15-80 9-15-81 7-6-82 10-6-82 J 0-6-82 10-6-82 10-6-82 10-6-82 j 0-6-82 11-16-82 11-16-82 116-82 11-16-82 3-15-83 1-17-84 1-3-84 1-3-84 2-21-84 4-3-84 7-3-84 1-5-85 3 - 5-85 Ord. No. 72-17 72-20 72-21 72-27 73-44 74-9 74-31 74-34 75-6 76-10 78-9 78-14 78-39 88-11 88-27 88-48 88-49 88-50 89-10 89-14 89-25 89-35 89-42 89-44 90-25 90-61 90-62 90-63 90-64 91-56 92-14 92-61 93-11 93-40 93-43 93-46 93-49 93-55 Dale 6-20-72 8-1-72 8-15-72 11-7-72 11-6--73 4-16-74 9-17-74 10-1 74 3-4-75 4-23-76 (Date recorded) 4-10-78 4-18-78 9-19-78 4-5-88 8-16-88 12-6-88 12-6-88 12-6-88 6-20-89 6-20-89 10-3-89 10-17-89 12-5-89 12-5-89 9-5-90 12-18-90 12-18-90 12-18-90 12-18-90 8-20-91 6-2-92 1-5-93 6-1-93 12-7-93 12-7-93 12-7-93 12-7-93 12-7-93 Charter 3 Ord. No. Date Ord. No. Date Sec. 7.2. Reserved. 86-7 6-3-86 86-18 9-3-86 Editor's note-Ord. No. 97-43, ~ 2, adopted 86-19 9-3-86 86-20 9-3-86 8-19-97, repealed ~ 7.2 penaining to extra-territorial 86-21 9-3-86 86-22 9-3-86 municipal police powers. Said section was derived 86-40 12-16-86 86-41 12-16-86 from Laws of Fla., Ch. 63-1123, ~ 1. 87-44 12-15-87 87-45 12-15-87 93-59 12-7-93 93-62 12-7-93 93-65 12-7-93 93-68 12-7-93 Sec. 8. Reserved. 94-32 10-18-94 94-35 10-18-94 94-41 10-18-94 94-44 10-18-94 Editor's note-Ord. No. 97-43, ~ 2, adopted 94-53 1-3--95 95-11 6-6-95 8-19-97, repealed ~ 8 penaining to powers and 95-14 6-20-95 95-17 6-6-95 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. 04-055 8-3-04 04-080 11-3-04 04-085 10-19-04 Inasmuch as the description formerly set out in section 6 was rendered obsolete by the above annexation ordinances, it has been omitted. State law reference-Municipal annexation or contraction, F.S. Ch. 171. Sec.6A. Deleted. Editor's note-Ord. No. 02-043, ~ 2, 8-20-02, election of 11-5-02, deleted ~ 6A pertaining to boundaries and territory of greater Boynton Beach area. Said section was derived from Laws of Fla., Ch. 69-848, ~ 1. Sec. 7. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed ~ 7 pertaining to general powers. Said section was derived from Laws of Fla. 1947, Ch. 24398, ~ 7, as amended by Laws of Fla. 1955, Ch. 30588, ~ 2; Laws of Fla., Ch. 61-1885; Laws of Fla., Ch. 61-1888, ~~ 2, 3; Laws of Fla., Ch. 68-82, ~ 1. Sec. 7.1. Reserved. Editor's note-The provisions previously codified as ~ 7.1 have been convened to ordinance status by the Home Rule Act, F.S. ~ 166.021, and have been moved to the Code of Ordinances at the direction of the city. :WOS $-23 Sec. 9. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed ~ 9 pertaining to tort liability procedure. Said section was derived from Laws of Fla. 1947, Ch. 24398, ~ 98. Sec. 10. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed ~ 10 penaining to tax exemption of city property. Said section was derived from Laws of Fla. 1947, Ch. 24398, ~ 9. Sec. 11. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed ~ 11 penaining to exemptions from liens and forced sale of city property. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, ~ 10. Sec. 12. Deleted. Editor's note-Ord. No. 02-043, ~ 2, 8-20-02, election of 11-5-02, deleted ~ 12 penaining to subdivision maps. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, ~ 11. 1- Bovnton Bcach (ode Sec. 13. Rcserved. Editor's /lote-Orci. No. 97-43, ~ 2 adopted 8-19-97, repealed S 13 pertaining ro building, electrical and plumbing codes. Said sectioll \\'as derived from Lmvs ofF/a. 1947. Ch. 24398, ~ /68 Sec. 14. Reserved. Editor's lzote-Ord. No. 97-43, S 2, adopted 8-19-97, repealed S 14 pertaining to gender definition and sex discrimination. Said section was derived from L ifFI 1rl4'" ro, 2439" n 'An aws 0 a. 1::/ /, Lfl. 0, S 140. ARTICLE II. CITY COMMISSION* *Editor's note-It should be noted that Ord. No. 87-4, SS 1-3, adopted Feb. 3, 1987, provided thatthe name of the legislative body of the city shall be the City Commission. The user's attention is directed to Part II, Code of Ordinances, SS 1-2 and 2-1.1, of this volume. Previous reference to City Council in Article /I title deleted per Ord. No. 02-043, S 5, 8-20-02, election of 11-5-02. Sec. 15. When Commissioners and Mayor are to assume office. The Commissioners and Mayor who are elected in elections held in March of any year, shall assume office on the first regular or special city commission meeting following certification of their election results, Once all newly elected officials have taken office the Commission shall organize in accordance with the provisions of Section 23 of this Charter and shall then proceed to select the officers and employees, designated in Section 49 of this Charter, (Laws of Fla. 1947, Ch, 24398, S 12; Ord. No. 73-54. ~ i 12-18-73; Ord. No. 80-41, S 1, 10-21-80; Ord. No 83-51, S 1, 12-20-83; Ord. No. 91-26, S 1,5-21-91 Ord. No, 01-25, ~ 7 7-3-01; Ord No 08-005. ~ 2 4-1-08) 2008 S-30 Editor s noteOrd No IJI 2(,. ~ ,adopled May l)t) / wllclided ~ 15 to read (/,\ herein sei ow. Such prov!:lrolls were approved Il! U ref(Jrendlllll llt'lel HUt 1l)li) Sce. 16. Dcletcd. Editor's note-Ord. No, 02043, S 2, 82()()2. electioll 0/ 115-02, deleted S J 6 pertaining 10 qualifications of Commissioners and forfeiture oj office. Said section was derived from Laws oj Fla. 1947, Ch. 24398, S 13; Laws of Fla. eh. 6JJI 23. .~ 2; as amended by Ord. No. 7513, S 1 5-6-7.5 Sec. 17. Composition, election, terms, vacancies. (a) In order to qualify for the office of Mayor. a candidate must be a qualified elector of the City of Boynton Beach and have resided within the City for a period of not less than one (1) year prior to filing for office, and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies for office. The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city- ',vide vote (b) There shall be a City Commission of four (4) members elected from each of the four (4) election districts within the City, and a Mayor who is elected by (i city-wide vote. Each City Commissioner and each candidate for City Commissioner shall reside J]] the election district from which he or she is (to be) elected. A candidate for a Commission district seat must reside. for a period of not less than one (1) year prior to filing for election, in the district from which the candidate seeks election. Voters shall vote for onl) one ( ] ) candidate in each election district in which the voter resides, and one (1) candidate for Mayor (C) Qualifications for City Commissioners Only qualified electors who have resided in the City at Boynton Beach for at least one (1) year immediately prior to the election and who shall have attained the age uf twenty-one (21) years on or before the date the candidate files and qualifies as a candidate for office shall be eligible to hold the office of City Commis- sioner. Each Commissioner and each candidate for Commissioner shall be elected from the election district in which he or she resides, subject to the 35 % rule and runoff procedures set forth in Section 139 of the City Charter. Once elected, a Commissioner from an election district shall remain a resident of the election district and the City of Boynton Beach during hislher term of office or shall forfeit hislher office. (d) The failure of a City Commissioner to continue to reside within the district from which elected, or the Mayor within the City, shall cause said City Commissioner or Mayor to automatically forfeit his/her office. The tender of a resignation from any elective office shall immediately create a vacancy in that office. Upon automatic forfeiture or the tender of any resignation, the remaining members of the City Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise provided, so long as the individual selected to fill the vacancy has resided in the same district from which the original Commissioner resided for a period of not less than one (1) year. (e) Any City Commissioner who ceases to possess the qualifications required by this Charter, or is otherwise removed from office by lawful means, shall forfeit office, and it shall be the duty of the remaining members of the City Commission to declare the office vacant and proceed to fill the vacancy as herein otherwise provided. (f) Conunencing with the regular City election in March 2001, candidates for City Commissioner shall file with the City Clerk a written notice of candidacy, designating which of the four (4) Commission districts of the City Commission the candidates intend to fill. (g) Geographic boundaries for each voting district are established pursuant to Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated, prepared and identified not later than the first day of January 2002, and every four (4) years thereafter by contract to the 20025-19 Charter 5 City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The principal of non-discrimination and one man/one vote shall be adhered to strictly. In the event no candidate qualifies for election for any designated election district seats, then a special qualifying period shall be opened for five (5) calendar days after the close of the regular qualifying period and anyone from anywhere within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in accordance with this Charter. (Laws of Fla., 1947, Ch. 24398, ~ 24; Ord. No. 80-46, ~ 2, 10-31-80; Ord. No. 83-54, ~ I, 2-7-84, election of 3-13-84; Ord. No. 84-5, ~ 1, 2-7-84, election of 3-13-84; Ord. No. 87-37, ~ 1, 10-20-87, election of 3-8-88; Ord. No. 91-47, ~ 2,7-2-91; Ord. No. 0043, ~ 2,8-15-00, election of 11-7-00; Ord. No. 02-036, ~ 2, 8-20-02, election of 11-5-02; Ord. No. 02-043, ~ 3, 8-20-02, election of 11-5-02) Sec. 18. Judges of own qualifications, rules of procedure; expulsion of members; quorum; fmes and penalties. The City Commission shall be the judges of the qualifications, election and returns of its own members: it may enact rules of procedure and may prescribe penalties for the non-attendance or dis- orderly conduct of its members, and enforce the same. Four-fifths of its members concurring, it may expel a member for improper conduct in office. A majority of the members of the Commission shall be necessary to constitute a quorum for the transaction of any business; but a smaller number may adjourn from time to time, and under the provisions of ordinances or rules of procedure may compel the attendance of the absent members by the imposition of fines or penalties. (Laws of Fla. 1947, Ch. 24398, ~ 25) State law reference-Quorum and vote requiredfor municipal governing body, F.S. ~ 166.041(4). 6 Boynton Beach Code Sec. 19. Terms of elective offices. (a) All elective offices shall be for the term of three (3) years and no person shall be eligible to hold any elective office for more than two (2) consecutive terms. For purposes of this section, elective office shall include both mayor and commission member. (b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year elective term shall be deemed to constitute a full and complete term under the provisions of this section, (Laws of Fla. 1947, Ch. 24398, ~ 15; Laws of Fla. Ch. 67-1118, ~ 1: Ord. No. 87-30, ~ 1, 9-15-87, election of 3-8-88; Ord, No. 87-38, ~ 1, 10-20-87, election of 3-8-88; Ord. No. 00-41, ~ 2, 8-15-00. election of 11-7-00; Ord. No. 02-043. ~ 4, 8-20-02 election of 11-5-02) Editor's note-Ord. No. 02-043, ~ 2, 8-20-02. election of 11-5-02, deleted previous ~ 19 penaining to committee designation. Said section was derived from Laws of Fla. 1947, Ch. 24398, ~ 26. Current ~ 19 was originally pan of Anicle IV and designated ~ 50 Sec. 20. Filling vacancy on City Commission. In the event of a vacancy occurring in the members of the City Commission, except at the close 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 appoint a duly qualified citizen to fill said vacancy until the next municipal election, at which time the balance of the original members term shall be filled by election. In no event shall an appoinnnent 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, electionof3-12-91; Ord. No. 01-25, ~ 7, 7-3-01; Ord. No. 02-043, ~ 4, 8-20-02, election of 11-5-02) 2002 S-19 Editor's note-Ord. No. 02-043, 9 2, 8-20-02, election of 11-5-02, deleted previous ~ 20 penaining to the fixing of salaries !:Jy resolution. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, ~ 27,.' Laws of Fla, Ch. 67-1119, ~ 1. Current ~ 20 was originally pan of Anicle IV and designated ~ 51 Sec. 20.1. Deleted. Editor's nole-Ord. No. 02-043, ~ 2, 8-20-02. election of 11-5-02, deleted ~ 20.1 penaining to pension and retirement systems. Said section was derived from Laws of Fla, Ch. 67-1119, ~ 1; as amended by Ord. No. 78-51, ~ 1, 11-8-78; Ord. No. 92-7, ~ 1 (Exhibit A), 4-21-92; Ord. No. 92-40, ~ 1, 7-21-92; Ord. No, 94-52, ~ 2, 12-20-94. Sec. 21. Authority to contract; execution; attestation and seal. 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 Clerk with the seal of the City thereunto affixed. (Laws of Fla 1947. Ch. 24398, ~ 28; Ord. No 02-037. S 2, 8-20-02. election of 11-5-02) Cross reference-Contracts must be approved !:Jy City Attorney, ~ 58. Sec. 22. Frequency, date of regular meetings; special meetings; rules of procedure. (a) The Commission shall hold its meeting as often as twice each month, or it may hold more than two (2) regular meetings each month if prescribed by resolution. Should any scheduled City Commission meeting fall upon a date on which any national, state, county or municipal election is held, said City Commission meeting should be deferred until the next regular working day. (b) The Mayor, or any three members of the City Commission may call special meetings of the City Commission, upon written notice to each member served personally or left at the usual place of residence. All regular and special meetings of the City Commission shall be open to the public. The City 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, 8-20-02, election of 11-5-02) Sec. 23. Mayor, Vice Mayor; election, procedure. At the first regular or special meeting of the City Commission immediately following an election, the Vice-Mayor of the City shall be selected by a vote of the Mayor and Commission. The Vice-Mayor of the City shall serve in such capacity for a period of one year until the next general election of a member of the commission. In the event, of a vacancy in the office of Mayor, the Vice-Mayor shall automatically assume the duties of said office until a successor Mayor is elected as provided herein. If, for any reason, there shall be a vacancy in the office of Mayor, a special election shall be held within sixty (60) days of the date of said vacancy, provided that should said vacancy occur within one hundred (1 (0) days of a regularly scheduled general election, no such special election shall be held and the Mayor, or successor Mayor, shall be elected at the general election. Upon the election of a successor Mayor, the Vice-Mayor shall reassume his duties as Vice-Mayor and the successor Mayor shall serve for the remainder of the term of the originally duly elected Mayor. In the event of a vacancy in the office of Vice- Mayor, the vacancy on the City Commission shall be filled by the Commission in the manner herein otherwise provided, and a successor Vice-Mayor shall be elected by a vote of the Mayor and City Commission. (Laws of Fla. 1947, Ch. 24398, 9 19; Laws of Fla., Ch. 63-1122, 9 1; Ord. No. 80-41, 92, 10-21-80; Ord. No. 83-54, ~ 2, 2-7-84, election of 3-13-84; Ord. No. 97-36, ~ 2, 8-5-97, election of 3-10-98; Ord. No. 02-043, ~ 4, 8-20-02, election of 11-5-02) Editor's note-Ord. No. 02-043, ~ 2, 8-20-02, election of 11-5-02, deleted previous 923 penaining to the authority to create and abolish offices. Said section was derived from Laws of Fla. 1947, Ch. 24398, 930. 2002 S-19 Charter 7 Current ~ 23 was originally pan of Anicle N and designated ~ 53. Sec. 24. Duties, powers, privileges of Mayor. 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 by the City Commission, and he or she shall have a voice and a vote in the proceedings of the City Commission, but no veto power. He or she may use the title of Mayor when executing legal instruments of writing or when required by necessity, arising from the General Laws of the State, but this shall not be considered as conferring upon him or her the administrative or judicial functions of a Mayor under the General Laws of the State. He or she shall be considered as the official head of the City for ceremonial purposes, and shall be so recognized by the courts for the purpose of serving civil processes, and by the Govermnent in the exercise of military law. In the absence or disqualification of the Mayor, the other members of the City Commission shall select one of their members to perform his or her duties. This selection shall be made in accordance with the provisions of Sections 17 and 23 for the election of a Mayor. * The Mayor shall sign all deeds, bonds or other instruments of writing to which the City is a party, when authorized so to do by the City Commission. (Laws of Fla. 1947, Ch. 24398,9920,22; Am. Ord. No. 97-38,92,8-5-97, election of 3-10-98; Ord. No. 02-040, ~ 2, 8-20-02, election of 11-5-02; Ord. No. 02-043, ~9 4-5, 8-20-02, election of 11-5-02) .Editor's note-Note that 9 23 above. as amended, provides for the annual designation of a Vice-Mayor. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed previous ~ 24 penaining to quorum and vote requirements on ordinances, resolutions, and enactment procedures generally. Said section was derived from Laws of Fla. 1947, Ch. 24398, 931. as amended by Laws of Fla. Ch. 63-1125, 9 2; Ord. No. 74-21, 9 1, 8-20-74; Ord. No. 87-46B, 91, 1-5-88, election of 3-8-88; Ord. No. 97-39, 9 2, 8-5-97. Current 9 24 was originally pan of Anicle N and designated ~ 54. 8 Boynton Beach Code Sec. 25. Reserved. Editor's note-Ord. No. 97-43, 9 2. adopted 8-19-97, repealed 9 25 pertaining to when ordinances and resolutions become effective. and emergency measures. Said section was derived from Laws of Fla, 1947, Ch. 24398. 9 32. as amended bv Ord. No. 74-21, 91,8-20-74. Sec. 26. Reserved. Editor's note-Ord, No. 77-21, 91. adopted Aug. 16. 1977. amended the Code by repealing provisions formerly designated as 9 26. Pertaining to the recordation and publication of ordinances and resolutions and derived from Ch. 24398. 933. Special Acts 1947. Sec. 27. Deleted. Editor's note-Ord. No. 02-043, 9 2. 8-20-02. election of 11-5-02, deleted 9 27 pertaining to general ordinance enactment power, enforcemeru and penalties, Said section was derived from Laws of Fla. 1947. Ch. 24398, 9 34, Sec. 28. Reserved. Editor's note-Ord. No. 97-43. 9 2, adopted 8-19-97, repealed 9 28 pertaining to budget of expenses, and revenue. Said section was derived from Laws of Fla. 1947. Ch. 24398, 9 35, Sec. 29. Reserved. Editor's note-Ord. No. 97-43. 9 2. adopted 8-19-97, repealed 9 29 pertaining to utility franchises. Said section was derived from Laws of Fla. 1947. Ch. 24398, S 36. as amended by Ord. No. 75-41. 9 1, 1-5-76. 20025-19 Sec. 30. Reserved. Editor's note-Ord. No. 97-43. 9 2. adopted 8-19-97. repealed 9 30 pertaining to maximum franchise duration and extension of utility. Said section was derived from Laws of Fla. 1947, Ch. 24398. S 37 Sec. 31. Deleted. Editor's note-Ord. No. 02-043, 9 2, 8-20-02, election of 11-5-02, deleted 9 31 pertaining to the effect of annexation on franchises. Said section was derived from Laws of Fla, 1947. Ch. 24398, 938. Sec. 32. Deleted. Editor's note-Ord. No. 02-043. 9 2. 8-20-02, election of 11-5-02, deleted 9 32 pertaining to rights in the city when franchises are grarued. Said section was derivedfromLaws of Fla. 1947. Ch. 24398, 939. Sec. 33. Reserved. Editor's note-Ord. No. 91-16, 92. adopted Apr. 21, 1991, repealed 9 33 which pertained to codification of ordinances; authority and publication. Prior to repeal, such section was derived from Laws of Fla 1947, Ch. 24398, 9 40. For curreru provisions concerning such subject matter. the user's attention is directed to 9 1.9 of the Code. Sec. 34. Deleted. Editor's note-Section 34 hereof. which provided for judicial notice of ordinances, has been rendered obsolete by the Florida Evidence Code, particularly F.S. S 90.202(10), and has been deleted at the direction of the city. Sec. 35. Deleted. Editor's note-Ord. No. 02-043, S 2, 8-20-02, election of 11-5-02, deleted S 35 penaining to fire limits. Said section was derived from Laws of Fla. 1947, Ch. 24398, S 42. Sec. 36. Reserved. Editor's note-Ord. No. 97-43, S 2, adopted 8-19-97, repealed S 36 penaining to health regulations and the City Board of Health. Said section was derived from Laws of Fla. 1947, Ch. 24398, S 43. Sec. 37. Deleted. Editor's note-Ord. No. 02-043, S 2, 8-20-02, election of 11-5-02, deleted S 37 penaining to borrowing money and the maximum issuance of notes. Said section was derived from Laws of Fla. 1947, Ch. 24398, S 44. ARTICLE III. MUNICIPAL COURT Sees. 38-48. Deleted. Editor's note-The provisions of ss 38-48 of the Charter compilation have been rendered obsolete by the abolition of the municipal coun and the transfer of its jurisdiction to the county court pursuant to Fla. Canst., An. V, S 20, and have been deleted. Said compilation provisions were derived from Laws of Fla. 1947, Ch. 24398, SS 45-55, as amended by Ord. Nos. 73-47 and 73-53. 2002 5-19 Repl. Charter 9 ARTICLE IV. ADMINISTRATION Sec. 49. General provisions. (a) Administrative officers, departments and agencies. The government of the city shall be carried on by the Mayor and City Commission. They shall appoint a City Manager, who shall serve as the city's Chief Executive Officer, and a City Attorney, both of whom shall serve at the pleasure of the City Commission. There shall also be such other departments and agencies as may be established from 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 discharged by the City Manager, with only the appointment or discharge of Assistant City Managers subject to confirmation by the City Commission. (b) Supervision by City Manager. Each department, office and agency under the direction and 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 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 combine the functions of any offices specified in this Charter which may be appointed by him. (c) Commission/Manager integration with administration. The City Commission or its members shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the Manager, when such dealings involve giving orders or making requests for services to any such officer or employee. All employees and officers shall be permitted to provide information to any Commissioner or member of the public upon request. (Laws of Fla. 1947, Ch. 24398, S 14; Ord, No. 73-46, S 1, 11-6-73; Ord. No. 76-43, S 1, 10-5-76; Ord. No. 89-29, S 1,9-19-89; Ord. No. 02-038, S 2, 8-20-02, election of 11-5-02) 10 Bovnton Beath (mil- Sees. 50, 51. Deleted. Editor's note-Oui. No. 02-043. ~ 4, 8-20U2, election of 11-5-02. deleted ~~ 50-51 and added Tert of both to Article 11 as S S J 9, 20. Sec. 52. Deleted. Editor's note-Ord. No. 02-043, S 2, 8-20-02, election of 11-5-02, deleted ~ 52 pertaining to qualifications, duties and oath of elective officers. Said section was derived from Laws of Fla. 1947, Ch. 24398, S 17; as amended by Ord. No. 75-/4, ~ t. 5-6-75. Sees. 53, 54. Deleted. Editor's note-Ord. No. 02-043, S 4, 8-20-02, election of 11-5-02, deleted 53-54 and added texT of both to Article II as SS 23, 24. Sec. 55. Compensation of Mayor and City Commission. Each member of the City Commission, including the member who serves as Mayor shall receive salaries as follows: (a) Effective April 1, 2005, the Mayor shall receive an annual salary of $18,000, paid in equal monthly installments; (b) Effective April 1, 2005, City Commission members, excluding the Mayor, shall receive an annual salary of $15,000 annually, paid in equal monthly installments; and 2006 S-26 :._) rhe compensatIon of tile Mayor and Ill(' COITunissioncr, shall be adjusted annually 1Il April I each vear !Ii reflect increase in !he consumer PI md ex (Laws of Fla i Y47 Ch 24398. ~ 21, Laws of Fla ell 65 1268 , . Ord. No. 7425 ~; 1 Y3-74: Ord Nc\ 81 36 [1381 Ord'lo 84-44, ! i84 Orcl No 02-043, S 5 S-20-02, election \)1 : I 502, Orll No. 03-t)37$ ,: 8 19-03: Ord No Ofl-04 7 ~:: s 16-06 I Sec. 56. Deleted. Editor's tlOte-Ord. No. 02043, 9 2, 8-20-02, elecrion of / f 5-02, deleted S 56 pertaining to Council meetings, rules of procedure, and minutes. Said section was derived from Lmvs of Fla. /947. Ch. 24398, S 23.' as amended by Ord, No. 75-11 ,~I 41 75 Sec. 57. City Attorney-Appointment, term, function. The City Commission may appoint a lawyer, admitted to practice in the courts of this State, as City Attorney, who shall hold office during the pleasure of the Commission, and act as the legal advisor to, and attorney and counselor for, the Municipality and all of its officers in matters relating to their official duties. (Laws of Fla. 1947, Ch, 24398, S 56; Ord. No 02-043, S 5.8-20-02, election of 11-5-02) Sec. 58. Same-Duties. The City Attorney, shall, when requested by the City Commission, prepare all contracts, bonds, and other instruments in writing in which the municipality IS concerned, or shall endorse on each his approval of the form language and execution thereof; and no contract WIth the municipality shall be binding upon 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 cit;.. all complaints. suits and controversies in which the Clty I a pan\ He shall furnish the Commission" ur the City Clerk, his opinion on any question of law relating to their respective powers and duties; and he shall perform such other professional duties as may be required of him by ordinance or resolution of the Commission or by this Charter, or such as are prescribed for City Attorneys under the general laws of the State, not inconsistent with this Charter. (Laws of Fla. 1947, Ch. 24398, S 57; Ord, No. 02-043, S 5, 8-20-02, election of 11-5-02) Cross reference-Authority to contract and contract execution, attestation and seal, S 21. Sec. 59. Same-Compensation. The City Commission may, from time to time, fix the regular compensation of the City Attorney at a sum commensurate with the duties which may be imposed upon him by this Charter and by the Commission; provided, that all special or unusual services required of the City Attorney, the fee for which is not otherwise prescribed, may be specially compensated as the Commission may see fit to provide. (Laws of Fla. 1947, Ch. 24398, S 58; Ord. No. 02-043, S 3, 8-20-02, election of 11-5-02) Sees. 60, 61. Reserved. Editor's note-Ord. No. 79-30, S 1, adopted Oct. 16, 1979, repealed gg 60 and 61, pertaining to the appointment and duties of the chief of police. Section 60 was derived from Laws of Fla. 1947, Ch. 24398, g 59. Section 61 was derived from g 60 of said act, as amended by Ord. No. 74-35, g 1. Sec. 62. Deleted. Editor's note-Ord. No. 02-043, g 2, 8-20-02, election of 11-5-02, deleted g 62 pertaining to power and authority of police. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, g 61. 2006 S-26 Charter 11 Sec. 63. Reserved. Editor's note-Ord. No. 73-45, g 1, adopted Nov. 6, 1973, repealed g 63 pertaining to the appointment and duties of the superintendent of public works and utilities. Said section was derived from Laws of Fla. 1947, Ch. 24398, g 62. Sees. 64, 64.1. Reserved. Editor's note-Ord. No. 90-54, g 1, adopted Nov. 20, 1990, provided for the deletion of gg 64 and 64.1 which pertained to the purchasing agent, competitive bidding and exceptions to competitive bidding procedures. Such sections were derived from Laws of Fla. 1947, Ch. 24398, g 63; Laws of Fla., Ch. 63-1124, g 1 and Ch. 69-846, g 1; and the following local legislation: Ord. No. Date Sec. 74-6 2-5-74 1 74-8 2-19-74 1 74-1 3-19-74 1 74-24 8-20-74 1,2 75-42 1-5-76 1 80-25 7-1-80 1 87-5 2-17-87 1 The user's attention is directed to g 2-56 et seq., of the Code for current provisions concerning similar subject matter. Sec. 65. Reserved. Editor's note-Ord. No. 97-43, g 2, adopted 8-19-97, repealed g 65 pertaining to city clerk and tax collector. Said section was derived from Laws of Fla. 1947, Ch. 24398, g 64. Sec. 66. Deleted. Editor's note-Ord. No. 02-043, g 2, 8-20-02, election of 11-5-02, deleted g 66 pertaining to duties of City Clerk. Said section was derived from Ord. No. 77-3, g 1, 2-1-77. ; ') I..;.., Bovnton Beach l och Sec. 66.1. Reserved. Editor's flote-Ord. No. 97-43, ~ 2 adopted 8-19-97. repealed ~ 66,1 defining public records, Said section was derivedfrom Ord. No. 773, 9 2, 2 1 77 Sec. 66.2. Reserved. Editor's note-Ord. No. 97-43, * 2, adopted 8-19-97, repealed ~ 66.2 pertaining lO delivery of public records to City Clerk. Said section was derived from Ord. No. 77-3, ~ 3, 2-1-77. Sec. 67. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed S 67 pertaining to duties of tax collector; the city depository; and report offunds. Said section was derived from Laws of Fla. 1947. Ch. 24398, 9 66. Sec. 68. Deleted. Editor's note-Ord. No. 02-043, S 2, 8-20-02. election of 11-5-02, deleted S 68 pertaining to duties of City Treasurer. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, 9 67. Sec. 69. Reserved. Editor's note-Ord, No. 79-30, S 1, adopted Oct, 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, S 169, Sec. 70. Bond for tax collector, treasurer, police chief and depositories. The Tax Collector. Treasurer. and Chief of Police, and City Depositories, shall each give such bond for the faithful discharge of their respective duties, and for the protection of City deposits as may be prescribed by the City Commission. and the City 2006 5-26 C OmmtSSlOn shall have authority to reqUire any other officer to give bond and fix the amount thereof. (Laws of Fla 194'7, ('11. 24398, ~ 18. ()rd No. 02 043 820-02. election I)! 115021 See. 71. Reserved. Editor's llote-Ord. No, 97-43. * 2. adopted 81997 repealed ~ 71 prohibiting relatives of mayor and councilmen from holding c/tv positions. Said veetion was derived from Laws of Fla, /947 {'I! 24398 ~ J4 ARTICLE IV-A. MERIT SYSTEM FOR PERSONNEL *Editor's note-Laws of Fla.. Ch. 61-1889, from which this article is derived, was ratified bv the electorate Dee 5, 1961, Laws of Fla. 1953, Ch. 28910. authorizing a civil service system and providing {or its regulation by ordinance. IS superseded bv said J 961 act, and has been delered from this Charter Sec. 72. Deleted. Editor's note-Ord. No. 02-043, S 2, 8-20-02, election of J 1-5-02, deleted S 72 pertaining lO the establishment of a merit system for city personnel and rhe scope of irs provisions. Said section was derived (rom Laws of Fla., Ch. 6/- /889, 9 2 (1), as amended In Oul. No. 97-52, 92 J -20-98. election of3-/0-98. Sec. 72.1. Deleted. Editor's llote-Ord. No, 02-043, * 2, 8-20-02, election of /-5-02, deleted ~ 72 pertaining ro classified and unclassified sen'lce, Said sectio/1 was derived/i'o/ll Lmvs of Fla. CIl 61 /889. ~ 2(2! Charter 12A Sec. 72.2. Status of present employees. Any person holding a position in the classified service when this act [article] takes effect*, who shall have served in such position for a period of at least 12 months, shall be retained without preliminary or performance tests and shall thereafter be subject in all other respects to the provisions of this act [article]. All other persons in the classified service at the time this act [article] takes effect shall be considered as having been given probationary appointment from the time of their employment. (Laws of Fla., Ch. 61-1889, S 2(3); Ord. No. 83-56, S 5, 1-3-84) 2006 $-26 12B Bovnton Beach <<odt' Sec. 72.3. Deleted. Editor's note-Ord. No. 02-042, ~ 2, 8-20-02, election of 11-5-02, deleted ~ 72.3 pertaining to the powers and duties of the Personnel Director. Said section was derived from Laws of Fla. 1947, Ch. 61-1889, ~ 2(4); as amended lJy Ord. 83-56, ~ 1, 1-3-84. Sees. 72.4-72.8. Reserved. Editor's note-Ord. No. 97-53, adopted Jan. 20, 1998, repealed Sees. 72.4-72.8, which pertained to the Civil Service Board. Prior to repeal, such codification was derived from Laws of Fla., Ch. 61-1989, ~ 2(5)-2(9). See. 72.9. Deleted. Editor's note-Ord. No. 02-043, ~ 2, 8-20-02, election of 11-5-02, deleted ~ 72.9 pertaining to personnel rules. Said section was derived from Laws of Fla, Ch. 61-1889, ~ 2(10); as amended by Ord. No. 80-24, ~ 1, 6-3-80; Ord. No. 80-40, ~ 1, 10-8-80; Ord. No. 83-56, ~ 3, 1-3-84. See. 72.10. Deleted. Editor's note-Ord. No. 02-043, ~ 2, 8-20-02, election of 11-5-02, deleted ~ 72.10 pertaining to rules incorporating principles of merit and fitness. Said section was derived from Laws of Fla, Ch. 61-1889, ~ 2(11); as amended by Ord, No. 80-40, ~ 1, 10-8-80. Sec. 72.11. Deleted. Editor's note-Ord. No. 02-043, ~ 2, 8-20-02, election of 11-5-02, deleted ~ 72.11 pertaining to causes for suspension and dismissal. Said section was derived from Laws of Fla, Ch. 61-1889, ~ 2(12); as amended lJy Ord. No. 80-40, ~ 1, 10-8-80. 20025-19 Charter 13 Sec. 72.12. Reserved. Editor's note-Ord. No. 97-53, ~ 2, adopted 3-10-98, repealed ~ 72.12 pertaining to removals and appeals. Said section was derived from Laws of Fla., Ch. 61-1889, ~ 2(13), as amended lJy Ord. No. 80-40, ~ 1, 10-8-80; Ord. No. 83-56, ~ 4, 1-3-84. Sec. 72.13. Deleted. Editor's note-Ord. No. 02-043, ~ 2, 8-20-02, election of 11-5-02, deleted ~ 72.13 pertaining to absence of City Manager. Said section was derived from Laws of Fla' Ch. 61-1889, ~ 2(14); as amended lJy Ord. No. 80-40, ~ 1, 10-8-80. ARTICLE V. REVENUE AND TAXATION. .State law references-Municipal finance and taxation generally, F.S. ~~ 166.211 et seq.,' local financial management and reporting, F.S. ~~ 218.30 et seq.; investment of local government surplus funds, F.S. ~~ 218.40 et seq. See. 73. Deleted. Editor's Note-Ord. No. 02-043, ~ 2, 8-20-02, election of 11-5-02, deleted ~ 73, which defined the fiscal year. Said section was derived from Laws of Fla. 1947, Ch. 24398, ~ 167; Laws of Fla., Ch. 69-847, ~ 1. Sec. 74. Deleted. Editor's note-Ord. No. 02-043, ~ 2, 8-20-02, election of 11-5-02, deleted ~ 74 pertaining to property subject to taxation. Said section was derived from Laws of Fla. 1947, Ch. 24398, ~ 68. 14 Boynton Beach Code See. 75. Deleted. Editor's note-Ord. No. 02-043, S 2, 8-20-02. election of 11-5-02. deleted S 75 pertaining to authority to levy and purposes of taxation. Said section was derived from Laws of Fla, 1947, Ch. 24398, S 69. See. 76. Deleted. Editor's note-Ord. No. 02-043. S 2, 8-20-02, election of 11-5-02, deleted S 76 pertaining to authority to levy excise and license taxes. Said section was derived from Laws of Fla. 1947, Ch. 24398. S 70. Sec. 77. Deleted. Editor's note-Ord. No. 02-043, S 2, 8-20-02, election of 11-5-02, deleted S 77 pertaining to authority to annually levy a special tax for publicity and advertising purposes. Said section was derived from Laws of Fla. 1947, Ch. 24398, S 71. Sees. 78-83. Deleted. Editor's note-Provisions formerly codified as SS 78-83, den'vedfrom Laws of Fla. 1947, Ch. 24398, SS 72-77, have been rendered obsolete by the assumption of the tax assessing and collectingfunctions by the county, pursuant to F.S. S 193.116. See. 84. Deleted. Editor's note-Ord. No. 02-043. S 2, 8-20-02, election of 11-5-02, deleted S 84 pertaining to determination of necessary revenue and certification of a tax levy. Said section was derived from Laws of Fla. 1947, Ch. 24398, S 78; as amended by Ord. No. 74-22, S 1. 8-20-74; Ord. No. 76-34, S I, 9-7-76. 20025-19 Sees. 85-111. Deleted. Editor's note-Provisions formerly codified as SS 85-111, derived from Laws of Fla. 1947, Ch. 24398, SS 79-105. have been rendered obsolete by the assumption of the tax assessing and collecting functions by the county, pursuant to F.S. S 193.116. Sees. 112-128. Deleted. Editor's note-Provisions formerly codified as SS 112-128, derived from Laws of Fla. 1947, Ch. 24398, SS 106-122. have been rendered obsolete by the assumption of the tax assessing and collecting functions by the county, pursuant to F.S. S 193.116. Sec. 129. Report of taxes collected by Tax Collector; rmal report to City Commission. Editor's note-Section 129, derived from Laws of Fla. 1947, Ch. 24398. S 123, has been converted to ordinance status by the Home Rule Act, F.S. S 166.021, and has been moved to the Code of Ordinances at the direction of the city. ARTICLE VI. RESERVED Sees. 130-137. Reserved. Editor's Note-Ord. No. 97-43. S 2. adopted 8-19-97, repealed SS 130-137 pertaining to bonds. Said sections were derived from Laws of Fla. 1947, Ch. 24398, SS 124.24-124.30 and S 124.66. ARTICLE VII. ELECTIONS Sec. 138. Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, shall be called by proclamation of the Mayor; published in a newspaper published in the City of Boynton Beach, Florida, once a week for two (2) consecutive weeks, or, if no newspaper is published in the City of Boynton Beach, Florida, by posting same at the City Hall for two (2) weeks, and such election that may be held upon such notice. Candidates for City Commission shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February 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 close of qualifying. (Laws of Fla. 1947, Ch. 24398, S 131; Ord. No. 80-41, S 3, 10-21-80; Ord. No. 80-46, S 2, 10-31-80; Ord. No. 83-51, S 2, 12-20-83; Ord. No. 01-25, S 7, 7-3-01; Ord. No. 02-043, S 5, 8-20-02, election of 11-5-02; Ord. No. 02-046, S 2,8-20-02; Ord. No. 08-005, S 2, 4-1-08) 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 (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 number of votes in the first election shall be held on the fourth 2008 S-30 Charter 15 Tuesday in March of the calendar year, and the candidate receiving the higher number of votes in the second election shall be declared elected. For purpose of transition from November to March elections, any municipal officer whose term of office would expire in November will have their terrn extended until the following March. (Laws of Fla. 1947, Ch. 24398, S 132; Ord. No. 80-46, S 2, 10-31-80; Ord. No. 83-51, S 3, 12-20-83; Ord. No. 95-25, S 2, 7-18-95; Ord. No. 08-005, S 2, 4-1-08) Cross-reference-Composition, election, terms, vacancies, see Charter S 17. Sec. 140. Reserved. Editor's note-Ord. No. 82-20, S 1, enacted July 20, 1982, repealed S 140 which prohibited persons connected with the city government from soliciting votes or support for the nomination or election of a candidate for councilman. Said section was derived from Laws of Fla. 1947, Ch. 24398, S 133. Sec. 141. Regular municipal election, date; qualification of electors for Commissioners ; method of holding elections, special elections. Regular municipal elections shall be held on the second Tuesday in March of the calendar year. In the event a run-off election is required as specified in Section 139 hereof, said election shall be held on the fourth Tuesday in March of the calendar year. The City Commission shall prescribe, by ordinance, the method and manner of holding all elections in said City, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this Charter, and all elections shall be conducted substantially on the principle adopted for state election insofar as there are no conflicts with the terms of this Charter. (Laws of Fla. 1947, Ch. 24398, S 134; Ord. No. 80-41, S 4, 10-21-80; Ord. No. 83-51, S 4,12-20-83; Ord. No. 01-25, S 7, 7-3-01; Ord. No. 02-021, S 2, passed 6-4-02; Ord. No. 02-043, S 5, 8-20-02, election of 11-5-02; Ord. No. 08-005, S 2, 4-1-08) ]6 Bovnton Beach (orll,' Sec. 142. Registration officer and registration. The City Clerk shall be the registration officer ot the City and said clerk, or his/her duly appointed deputies, shall register all persons applying to him/her whose names are not already borne upon the registration book applicable to the City and who are qualified as electors under the Constitution and laws of the State of Florida. For this purpose such registrations shall be received during normal busmess hours, or at such other times as designated by the City Commission, at the office of the City Clerk or at sud other places within the City limits when duly designated by the City Commission. * Registrations shall be upon forms provided by the SupervIsor of Elections of Palm Beach County, Florida. (Laws of Fla. 1947, Ch. 24398, S 15; Laws of Fla,. ('11. 63-1125, S 1; Ord, No, 74-23, S 1,8-20-74; Ord. No. 02-043, S 3, 8-20-02, election of 11-5-02) *Editor's note-Florida Statutes, 9 98.05 J, requires registration to be closed on the thirtieth day before an election, and the city is required to use the county's voter registration rolls. State law reference-City required to use COUI1f)' registration rolls, F. S, 9 98.041. It is customary for the county supervisor of elections to designate the city clerk as a deputy registrar so that registration mav be effected at city hall. Sec. 143. Arrangements by City Commission; inspectors and clerks, appointment. The City Commission shall make all necessary arrangements for holding all municipal election(s) and shall declare the result thereof. Inspectors and clerks of elections shall be appointed by the City Commission, but if the City Commission shall fail to appoint them at least two (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 and clerks for any election, the City Clerk shall make the appointments on the day of the election, (Laws of Fla. 1947, Ch. 24398, 9 136; Ord, No, 02-043, S 5,8-20-02. election of 11-5-02) 20025-19 See. 144. Polls, opening and closing; voting results, certification, canvass of returns, declaration of results; tie vote. The polls shall open at sunrise and close at sunset. * The result of the voting. when ascertallled, shall be certified by return 111 duplicate, signed the clerks and the rnajority of the inspectors of the election, one copy to be delivered to the Mayor, and the other to the City Clerk. both of whom shall transmit such returns to the City Commission at a called meeting to be held not later than three days after such election. At such meeting the City Commission shall canvass the returns, and in the absence of a declaration of a contest by any of the candidates in such election. shall declare the result of the election as shown by the returns made by clerks and inspectors for said election A tie between two (2) or more candidates shall be determined as prescribed by ordin~nce. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected, (Laws of Fla. 1947, Ch. 24398, ~ 137; Ore!. No. 02-043. ~ 5, 8-20-02. election of I ] -5-02) *State law reference-Open hours for the polls in local elections are prescribed as from 7:00 a,m. to 7:00 p.m. [IV F.S. ~ 100.01/ Sees. 145, 146. Repealed. Editor's note-Ord. No. 75-44, adopted Jan. 20, 1976. repealed 9S /45 and 146, pertaining to the recall of elected officers. Said sections were derived fi'0l1l Laws of Fla. 1947, ell. 24398, *9 138, 139 Sec. 147. Initiative petition of proposed ordinances-Required signatures, etc. Any proposed ordinance, including ordinances for repeal of ordinances then in effect or which have been enacted but not yet effective, may be submitted to the City Commission by a petition, signed by at least twenty-five per cent of the total number of registered voters in the City. All petitions circulated with respect to any proposed ordinance shall be uniform in character, shall contain the proposed ordinance in full and shall have printed or written thereon the names of five electors who shall be officially regarded as filing the petition, and shall constitute a committee of the petitioners for purposes hereinafter named. Each signer of the petition shall sign his name in ink or indelible pencil and shall place on the petition opposite his name the date of his signature. The signatures of any such petition need not be appended to one paper, but to each such paper shall be attached an affidavit by the circulator thereof, 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 purports to be, and that it was made in the presence of the affiant on the date indicated. (Laws of Fla. 1947, Ch. 24398, ~ 140; Ord. No. 02-043, ~ 5, 8-20-02, election of 11-5-02) Sec. 148. Same-Filing with City Clerk, submission to City Commission. All papers comprising an initiative petition shall be assembled and filed with the City Clerk as one instrument within thirty days of the first signature thereon, and when so filed the City Clerk shall submit the same to the City Commission at its next regular meeting and provisions shall be made by the City Clerk for public hearings upon the proposed ordinance. (Laws of Fla. 1947, Ch. 24398, ~ 141; Ord. No. 02-043, ~ 5, 8-20-02, election of 11-5-02) Sec. 149. Same-Action of City Commission; referendum. The City Commission shall at once proceed to 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 of the proposed ordinance, as set forth in the petition, the City Clerk shall at once cause notice of the filing of 20025-19 Charter 17 such petition and the refusal of the City Commission to pass said ordinance, to be published in a newspaper of general circulation published in the City of Boynton Beach, and the City Commission shall at once proceed to submit the passage of the ordinance to the majority vote of the qualified electors of the City voting in such election. If a regular or special election is to be held in the City not earlier than thirty days, nor later than sixty days, the ordinance shall be submitted to the voters at such election; otherwise an election shall be called for such submission. At least ten days before such election the City Clerk shall cause the text of the ordinance to be published in a newspaper of general circulation published in the city. (Laws of Fla. 1947, Ch. 24398, ~ 142; Ord. No. 02-043, ~ 5, 8-20-02, election of 11-5-02) Sec. 150. Same-Offending ordinance suspended. When the initiative petition is for an ordinance repealing or amending an ordinance which has been enacted, but is not yet effective, the offending ordinance shall not go into effect until after the demands of the petition shall have been carried out. (Laws of Fla. 1947, Ch. 24398, ~ 143) Sec. 151. Same-Form of referendum ballot. Referendum elections shall be provided for in the same manner as other elections of the City. The ballot shall be a piece of plain white paper which shall have printed upon it the title of the ordinance to be referred, below which shall be two lines in the following form: FOR THE ORDINANCE AGAINST THE ORDINANCE The voter shall express himself by placing a cross X mark to the right of the line indicating his desire in the matter. (Laws of Fla. 1947, Ch. 24398, ~ 144) 18 Boynton Beach Code Sec. 152. Same-Vote required to amend or repeal. Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, but the proposition to amend or repeal such ordinances may be submitted to the voters in any regular election of the city, provided that no later than fifteen days before such election the City Commission shall cause 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 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, Ch. 24398, ~ 145; Ord. No. 02-043, ~ 5.8-20-02, election of 11-5-02) See. 153. Same-Duty of City Attorney to draft ordinance and advise upon. It shall be the duty of the City Attorney to draft initiative ordinances or to pass upon the legality of the same when requested to do so by the referendum committee of five. (Laws of Fla. 1947, Ch 24398. ~ 146) See. 154. Reserved. Editor's note-Ord. No. 83-51, ~ 6, adopted Dec. 20, 1983, repealed ~ 154, "Primary elections, authority to provide; filing fee, " which section derived from Laws of Fla. 1947, Ch. 24398, ~ 150, and Ord. No. 77-78, ~ 1, adopted Feb. 20, 1977. Sec. 155. Officers hold until successors q~;or~cescontinued. All officers theretofore elected or appointed and holding office under the said municipality shall 20025-19 continue to hold their respective offices and to discharge the respective duties thereof until their successors are elected and qualified under the provisions of this Charter; and all existing ordinances shall continue in effect and unimpaired until repealed, amended or modified by the municipality which is hereby incorporated. (Laws of Fla. 1947, Ch. 24398, S 149) ARTICLE VIII. RESERVED Sees. 156-169. Reserved. Editor's Note-Ord. No. 97-43, ~ 2, adopted 8-/9-97, repealed S 156-169 penaining to public improvements and assessments. Said sections were derived from Laws of Fla. 1947, Ch. 24398, ~~ 151-154 and 156-165. ARTICLE IX. CONTRACTS AND LEASES OF BEACH PROPERTY. See. 170. Authorized. The City of Boynton Beach may from time to time enter into such contracts and lease agreements of portions of the Municipal Beach property, being in the Town of Ocean Ridge, Palm Beach County, Florida, for the providing of recreational facilities 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 of the public at all times, to use the public bathing beach. (Laws of Fla. 1953, Ch. 28909, ~ 1; Ord. No. 02-043, ~ 5,8-20-02. election of 11-5-02) Charter 19 Sec. 171. Deleted. Editor's note-The city has directed the deletion of ~ 171, which was derivedfromLaws of Fla. 1953, Ch. 28909, ~ 2. Said section ratified a 1952 lease between the city and Boynton Beach Development Corp. -Editor's note-Article IX is derived from Laws of Fla. 1953, Ch. 28909, which did not expressly amend the Chaner. The lease set out herein is no longer in effect, but the city has directed the inclusion of the 1953 act, since it contains a description of the beach property. 2002 $-19 20 Boynton Beach Code /~orNf();J Page 1 of 29 PART I CHARTER Art. I. In General, ~~ 1-14 Art. II. City Commission, ~~ 15-37 Art. III. Municipal Court, ~~ 38-48 Art. IV. Administration, ~~ 49-71 Art. IV A. Merit System For Personnel, ~~ 72-72.13 Art. V. Revenue and Taxation, ~~ 73-129 Art. VI. Reserved, ~~ 130-137 Art. VII. Elections, ~~ 138-155 Art. VIII. Public Improvements and Assessments, ~~ 156-169 Art. IX. Contracts and Leases of Beach Property, ~~ 170-171 *Editor's note-The present Charter afthe city was enacted by Laws o/Fla. 1947. Ch. 24398, which has been amended ji-equently both by ,~pecial acts and by ordinances. The sections of the original act (Ch. 24398, 1947) filed in the office of the Secretary of State were misnumbered by omission of section number 77. The printers of the Special Acts of 194 7 corrected this error by renumbering starting with S 77 However, they omitted section number 155. Consequently, the section numbers of the original act and those in the published Special Acts of 1947 agreeji-om H 1-76 andji-om S 156 on. In preparing the 1958 Code of Ordinances of the City, the editors reorganized the Charter into articles and renumbered its sections. The editors of this compilation have adopted the same organization and numbering used by their predecessors, However, note that the source of each section is shown in parentheses following the section. Words and phrases have been added in brackets where necessary to clarify meaning. Ord. No, 87-4, H 1-3, adopted Feb, 3, 1987, provided that the name and title of the legislative body of the city be changed from "city council" to "city commission" and that all references within the Charter and Code of Ordinances to the terms city council or councilman shall be synonymous to the terms city commission or city commissioner until such time as recodification of the Charter and Code of Ordinances is required; see also, S S 1-2 and 2-1.1 of the Code of Ordinances. Prior to such recodification, the above noted changes will be made in the Code as pages are necessarily updated through the supplement service pursuant to the city's instructions; and such changes will be made in the Charter only as prescribed by subsequent amendments to specific sections. ARTICLE I. IN GENERAL Sec. 1. Reserved http://www.amlega1.comlalpscripts/ get-content.aspx 3/3/2011 }J-86 'n!)~ lj, 86-20 9-3-86 93-(18 ~. .: -9' 86-2] i)_ 3 -86 94-32 IU-]8.94 86-22 9-3-86 94- 35 10-18-94 86-40 12-16-86 94-41 10-18-94 86-41 12-16-86 94-44 10- ] 8-94 87-44 12-15-87 94- 5 3 1-3-95 87-45 12-15-87 95-1' 6-6-95 95-11 6-6-95 95-14 6-20-95 98-19 7 - 7 -98 98-27 -21-98 04-055 8-3-04 04-080 1-3-04 04-085 10-19-04 Inasmuch as the description formerly set out In section 6 was rendered obsolete by the above annexation ordinances, it has been omitted. State law reference-Municipal annexation or contraction, F S CIi J 7 j Sec. 6A. Deleted. Editor's note-Ord. No. 02-043, .9' 2, 8-20-02. election of11-5-02, deleted S' 6A pertaining to boundaries and territory of greater Boynton Beach area. Said section was derivedfrom Laws of Fla.. Ch. 69-848, .~I' 1 Sec. 7. Reserved. Editor's note-Ord No. 97-43. Ii 2. adopted 8-19-97, repealed ,!::! 7 pertaining to general powers. Said section wa.1 derivedfrom Laws of Fla 1947, Ch. 24398. .11' 7, as amended bv Laws of Fla 1955, Ch. 30588, .11' 2; Lmt's ofFla, Ch. 61-1885; Laws o.fFla.. Ch 61-1888, ,9,i\ 2,3, Laws ofFla, Ch. 68-82. S 1 Sec. 7.1. Reserved. Editor's note-The provisions previously codified as .9' 71 have been converted to ordinance status by the Home Rule Act, FS .i\ 166.021, and have been moved to the Code of Ordinances at the direction oj'the citv Sec. 7.2. Reserved. Editor's note-Ord. No. 97-43. .9' 2. adopted 8-19-97, repealed.~ 72 pertaining to extra-territorial municipal police powers. Said section was derived from Laws of Fla, Ch. 63-1123. .11 j Sec. 8. Reserved. Editor's note-Ord. No. 97-43, S' 2, adopted 8-19-97, repealed ~,1' 8 pertaining to powers and provisions oj' general law. Said section was derived from Laws of Fla. 1947, Ch. 24398, ,1\ 171 Sec. 9. Reserved. Editor's note-Ord. No. 97-43, .il' 2. adopted 8-19-97. repealed .9' 9 pertaining to tort liability procedure. Said section was derived from Laws of Fla. 1947. Ch. 24398. ,~. 98 http://www.amlegal.com!alpscripts/ get -content.aspx 3/3/20] 1 Page 5 of 29 Sec. 10. Reserved. Editor's note--Ord. No. 97-43,32, adopted 8-19-97, repealed 310 pertaining to tax exemption of city property. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, 39. Sec. 11. Reserved. Editor's note-Ord. No. 97-43,32, adopted 8-19-97, repealed 311 pertaining to exemptions from liens andforced sale of city property. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, 310. Sec. 12. Deleted. Editor's note-Ord. No. 02-043, 32, 8-20-02, election of 11-5-02, deleted 3 12 pertaining to subdivision maps. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398,311. Sec. 13. Reserved. Editor's note-Ord. No. 97-43,32, adopted 8-19-97, repealed 313 pertaining to building, electrical and plumbing codes. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, 3168. Sec. 14. Reserved. Editor's note--Ord. No. 97-43,32, adopted 8-19-97, repealed 3 14 pertaining to gender definition and sex discrimination, Said section was derivedfrom Laws ofFla, 1947, Ch. 24398,3148. ARTICLE II. CITY COMMISSION* *Editor's note-It should be noted that Ord. No. 87-4, H 1-3, adopted Feb. 3, 1987, provided that the name of the legislative body of the city shall be the City Commission. The user's attention is directed to Part IL Code of Ordinances, j}3 1-2 and 2-1.1, of this volume. Previous reference to City Council in Article II title deleted per Ord. No. 02-043, 35, 8-20-02, election of 11-5-02. Sec. 15. When Commissioners and Mayor are to assume office. The Commissioners and Mayor who are elected in elections held in March of any year, shall assume office on the first regular or special city commission meeting following certification of their election results. Once allnewly elected officials have taken office the Commission shall organize in accordance with the provisions of Section 23 of this Charter and shall then proceed to select the officers and employees, designated in Section 49 of this Charter. (Laws of Fla. 1947, Ch. 24398, S 12; Ord. No. 73-54, S 1, 12-18-73; Ord. No. 80-41, S 1,10-21-80; Ord. No. 83-51, S 1, 12-20-83; Ord. No. 91-26, S 1,5-21-91; Ord. No. 01-25, S 7,7-3-01; Ord. No. 08-005, S 2,4-1-08) Editor's note--Ord. No. 91-26, 31, adopted May 21, 1991, amended 3 15 to read as herein set out. Such provisions were approved at a referendum held Mar. 10, 1992. Sec. 16. Deleted. Editor's note--Ord. No. 02-043, 3 2, 8-20-02, election of 11-5-02, deleted 3 16 pertaining toqualifications of Commissioners and forfeiture of office. Said section was derived from Laws of Fla. 1947, Ch. 24398, 3 13; Laws of Fla, Ch. 63-1123,32; as amended by Ord. No. 75-13,3 1, 5-6-75. http://www.amlegal.com/alpscripts/get-content.aspx 3/3/20 II (\ j Sec. 17. Composition, election, terms, \'acancit~s, (a) In order to qualify for the office of MayoL a candidate must be a qualified elector of the CIty of Boynton Beach and have resided within the City for a period of not less than one ( I) year pnor to filing for office, and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies for office. The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city-wide vote (b) There shall be a City Commission of four (4) members elected from each of the four (4) electlOn districts within the City, and a Mayor who is elected by a city-wide vote. Each City Commissioner and each candidate for CIty Commissioner shall reside in the election district from which he or she is (to be) elected. A candidate for a Commission district seat must reside, for a period of not less than one (I) year prior to filing for election, in the district from which the candidate seeks election. Voters shall vote for only one (I) candidate in each election district in which the voter resides, and one (I) candidate for Mayor (c) Qualifications for City Commissioners. Only qualified electors who have resided in the City of Boynton Beach for at least one (I) year immediately prior to the election and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies as a candidate for office shall be eligible to hold the office of Cit:- Commis-sioner. Each Commissioner and each candidate for Commissioner shall be elected from the election district in which he or she resides, subject to the 35% rule and runoff procedures set forth in Section 139 of the City CharteL Once elected, a Commissioner from an election district shall remain a resident of the election district and the City of Boynton Beach during his/her term of office or shall forfeit his/her office (d) The failure of a City Commissioner to continue to reside within the district from which elected, or the Mayor within the City, shall cause said City Commissioner or Mayor to automatically forfeit his/her office. The tender of a resignation from any elective office shall immediately create a vacancy in that office. Upon automatic forfeiture or the tender of any resignation, the remaining members of the City Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise provided, so long as the individual selected to fill the vacancy has resided in the same district from which the original Commissioner resided for a period of not less than one ( I ) year (e) Any City Commissioner who ceases to possess the qualifications required by this Charter, or is otherwise removed from office by lawful means, shall forfeit office, and it shall be the duty of the remaining members of the City Commission to declare the office vacant and proceed to fill the vacancy as herein otherwise provided. (f) Commencing with the regular City election in March 200 I, candidates for City Commissioner shall file with the City Clerk a written notice of candidacy, designating which of the four (4) Commission districts of the City Commission the candidates intend to fill. (g) Geographic boundaries for each voting district are established pursuant to Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated, prepared and identified not later than the first day of January 2002, and every four (4) years thereafter by contract to theCity of Boynton Beach with a four (4 ) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida, The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The principal of non-discrimination and one man/one vote shall be adhered to strictly. In the event no candidate qualifies for election for any designated election district seats, then a special qualifying period shall be opened for five (5) calendar days after the close of the regular qualifying period and anyone from anywhere within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in accordance with this Charter. (Laws of Fla., 1947, Ch. 24398, S 24; Ord. No. 80-46, 9 2, 10-31-80; Ord. No. 83-54, 9 I, 2- 7-84, election of3-13-84: Ord. No. 84-5, S 1,2-7-84, election of3-13-84; Ord. No. 87-37, S I. 10-20-87, election of3-8-88; Ord. No. 91-47,92. 7-2-91; Ord. No. 00-43, 9 2, 8-15-00, election of 11-7-00; Ord. No. 02-036, S 2.8-20-02. election of 11.5-02; Ord. No 02-043, S 3, 8-20-02, election of 11-5-02) Sec. ]8. Judges of own qualifications, rules of procedure; expulsion of members; quorum; fines and penalties. http://www.amlegal.comlalpscripts/ get -content.aspx 3/3/20 I 1 Page 7 of 29 The City Commission shall be the judges of the qualifications, election and returns of its own members: it may enact rules of procedure and may prescribe penalties for the non-attendance or disorderly conduct of its members, and enforce the same. Four-fifths of its members concurring, it may expel a member for improper conduct in office. A majority of the members of the Commission shall be necessary to constitute a quorum for the transaction of any business; but a smaller number may adjourn from time to time, and under the provisions of ordinances or rules of procedure may compel the attendance of the absent members by the imposition of fines or penalties. (Laws of Fla. 1947, Ch. 24398, ~ 25) State law reference--Quorum and vote required for municipal governing body, F.s. S 166.041 (4). Sec. 19. Terms of elective offices. (a) All elective offices shall be for the term of three (3) years and no person shall be eligible to hold any elective office for more than two (2) consecutive terms. For purposes of this section, elective office shall include both mayor and commission member. (b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year elective term shall be deemed to constitute a full and complete term under the provisions of this section. (Laws of Fla. 1947, Ch. 24398, ~ 15; Laws of Fla. Ch. 67-1118, ~ 1: Ord. No. 87-30, ~ 1,9-15-87, election 00-8-88; Ord. No. 87-38, ~ 1, 10-20-87, election of 3-8-88; Ord. No. 00-41, ~ 2, 8-15-00, election of 11-7-00; Ord. No. 02-043, ~ 4, 8-20-02, election of 11-5-02) Editor's note-Ord. No. 02-043, S 2, 8-20-02, election of 11-5-02, deleted previous S 19 pertaining to committee designation. Said section was derived from Laws of Fla. 1947, Ch. 24398, S 26. Current S 19 was originally part of Article IV and designated S 50. Sec. 20. Filling vacancy on City Commission. In the event of a vacancy occurring in the members of the City Commission, except at the close 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 appoint a duly qualified citizen to fill said vacancy until the next municipal election, at which time the balance of the original members term shall be filled by election. 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 of3-12-91; Ord. No. 01-25, ~ 7, 7-3-01; Ord. No. 02-043, ~ 4, 8-20-02, election of 11-5-02) Editor's note-Ord. No. 02-043, S 2, 8-20-02, election of 11-5-02, deleted previous S 20 pertaining to the fixing of salaries by resolution, Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, S 27; Laws ofFla, Ch. 67-1119, S 1. Current S 20 was originally part of Article IV and designated S 51. Sec. 20.1. Deleted. Editor's note-Ord. No. 02-043, S 2,8-20-02, election of 11-5-02, deleted S 20.1 pertaining to pension and retirement systems. Said section was derivedfrom Laws ofFla, Ch. 67-1119, S 1; as amended by Ord. No. 78-51, S 1, 11-8-78; Ord. No. 92-7, S 1 (Exhibit A), 4-21-92; Ord. No. 92-40, S 1, 7-21-92; Ord. No. 94-52, S 2,12-20-94. Sec. 21. Authority to contract; execution; attestation and seal. The Commission shall have the power to enter into contracts on behalf of the City, and when so entered into, the http://www.amlegal.comlalpscripts/ get -content.aspx 3/3/2011 ;If!C same shall be attested by the City Clerk wIth the seal of the City thereunto affIxed (Laws of Fla. ]947. Ch. 24398, 9 28; Ord, No. 02-037, ~ 2. 8-20-02. electIOn of 1 ]-5-02) Cross reference-Contracts must be approved bv City AttorneJ, .,\ 58 Sec. 22. Frequency, date of regular meetings; special meetings; rules of procedure. (a) The Commission shall hold its meeting as often as twice each month, or it may hold more than two (2) regular meetings each month if prescribed by resolution. Should any scheduled City Commission meeting fall upon a date on which any national, state, county or municipal election is held, said City Commission meeting should be deferred until the next regular working day. (b) The Mayor, or any three members of the City Commission may call special meetings of the City Commission. upon written notice to each member served personally or left at the usual place of residence, All regular and special meetings of the City Commission shall be open to the public. The City Commission shall determine its own rules and order of business. (Laws of Fla. 1947, Ch. 24398, 9 29; Ord. No. 77-3 L 9 1, 10-] 8-77: Ord. No. 02-043. 9 3. 8-20-02, election of 11-5-(2) Sec. 23. Mayor, Vice Mayor; election, procedure. At the first regular or special meeting of the City Commission immediately following an election, the Vice-Mayor of the City shall be selected by a vote of the Mayor and Commission. The Vice-Mayor of the City shall serve in such capacity for a period of one year until the next general election of a member of the commission. In the event, of a vacancy in the office of Mayor, the Vice-Mayor shall automatically assume the duties of said office until a successor Mayor is elected as provided herein. If, for any reason, there shall be a vacancy in the office of Mayor, a special electlon shall be held within sixty (60) days of the date of said vacancy, provided that should said vacancy occur within one hundred (100) days of a regularly scheduled general election, no such special election shall be held and the Mayor, or successor Mayor, shall be elected at the general election, Upon the election of a successor Mayor, the Vice-Mayor shall reassume his duties as Vice-Mayor and the successor Mayor shall serve for the remainder of the term of the originally duly elected Mayor. In the event of a vacancy in the office of Vice-Mayor, the vacancy on the City Commission shall be filled by the Commission in the manner herein otherwise provided, and a successor Vice-Mayor shall be elected by a vote of the Mayor and City Commission. (Laws of Fla. 1947, Ch. 24398, 9 19; Laws of Fla., Ch. 63-] 122,9 1; Ord. No. 80-4], S 2,10-21-80; Ord. No. 83-54, ~ 2,2-7-84, election of3-13-84; Ord. No, 97-36, 9 2. 8-5-97. election of3-1O-98: Ord. No, 02-043, S 4. 8-20-02, election of 11-5-02) Editor's note-Ord. No. 02-043,9' 2,8-20-02, election of 11-5-02, deleted previous ,~' 23 pertaining to the authorit} to create and abolish offices. Said section was derived{rom Laws of Fla 1947 Ch. 24398, ,II' 30 Current ,Ie; 23 was originally part of Article IV and designated ,Ie; 53 Sec. 24. Duties, powers, privileges of Mayor. 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 by the City Commission, and he or she shall have a voice and a vote in the proceedings of the City Commission, but no veto power. He or she may use the title of Mayor when executing legal instruments of writing or when required by necessity, arising from the General Laws of the State, but this shall not be considered as conferring upon him or her the administrative or judicial functions of a Mayor under the General Laws of the State. He or she shall be considered as the official head of the City for ceremonial purposes, and shall be so recognized by the courts for the purpose of serving civil processes, and by the Government in the exercise of military law. In the absence or disqualification of the Mayor, the other members of the City Commission shall select one of their members to perform his or her duties. This selection shall be made in accordance with the provisions of Sections ] 7 and 23 for the election of a Mayor. * http://www.amlegal.com!alpscripts/ get -content.aspx 3/3/20] ] Page 9 of 29 The Mayor shall sign all deeds, bonds or other instruments of writing to which the City is a party, when authorized so to do by the City Commission. (Laws of Fla. 1947, Ch. 24398, SS 20, 22; Am. Ord. No. 97-38, S 2, 8-5-97, election of3-1O-98; Ord. No. 02-040, S 2, 8-20-02, election of 11-5-02; Ord. No. 02-043, SS 4-5, 8-20-02, election of 11-5-02) *Editor's note-Note that ~ 23 above, as amended, provides for the annual designation of a Vice-Mayor. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed previous ~ 24 pertaining to quorum and vote requirements on ordinances, resolutions, and enactment procedures generally. Said section was derived from Laws of Fla. 1947, Ch. 24398, ~ 31, as amended by Laws of Fla. Ch. 63-1125, ~ 2; Ord. No. 74-21, ~ 1,8-20-74; Ord. No. 87- 46B, ~ 1, 1-5-88, election of 3-8-88; Ord. No. 97-39, ~ 2, 8-5-97. Current ~ 24 was originally part of Article IVand designated ~ 54. Sec. 25. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed ~ 25 pertaining to when ordinances and resolutions become effective, and emergency measures. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, ~ 32, as amended by Ord. No. 74-21, ~ 1, 8-20-74. Sec. 26. Reserved. Editor's note-Ord. No. 77-21, ~ I, adopted Aug. 16, 1977, amended the Code by repealing provisions formerly designated as ~ 26, Pertaining to the recordation and publication of ordinances and resolutions and derivedfrom Ch. 24398, ~ 33, Special Acts 1947. Sec. 27. Deleted. Editor's note-Ord. No. 02-043, ~ 2,8-20-02, election of 11-5-02, deleted ~ 27 pertaining to general ordinance enactment power, enforcement and penalties. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, ~ 34. Sec. 28. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed ~ 28 pertaining to budget of expenses, and revenue. Said section was derived from Laws of Fla. 1947, Ch. 24398, ~ 35. Sec. 29. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed ~ 29 pertaining to utility franchises, Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, ~ 36, as amended by Ord. No. 75-41, ~ 1,1-5-76. Sec. 30. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed ~ 30 pertaining to maximumfranchise duration and extension of utility. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, ~ 37. Sec. 31. Deleted. Editor's note-Ord. No. 02-043, ~ 2, 8-20-02, election of 11-5-02, deleted ~ 31 pertaining to the effect of annexation onfranchises. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, ~ 38. Sec. 32. Deleted. http://www.amlegal.com/alpscripts/ get -content.aspx 3/3/2011 Editor's note-Ord No. 02-043, ,I"~ 2, 8-20-02, elcclioll ofll- 5-02. dele led ,I' 32 pcrtaming to nghts in Ihe eit)' when franchises are granted Said seclion was derived (rom Laws of PIa l 94" ('Ii )4398 ,0 Sec. 33. Reserved. Editor's note-Ord No. 91-16, ~. 2. adopted Apr. 2/. /991, repealed ,~' 33 which pertained to codijication of ordinances; authority and publication. Prior to repeal, such section was derived from Laws of Fla. /947, Ch. 24398. 40. For current provisions concerning such subject matter. the user's attention is directed to ,II' 1. 9 oflhe Code. Sec. 34. Deleted. Editor's note-Section 34 hereof,' which provided forjudicial notice of ordinances, has been rendered obsolete 1)1 the Florida Evidence Code. particularly FS ,S 90202(JO). and has been deleted at the direction o(the eit] Sec. 35. Deleted. Editor's note-Ord. No. 02-043, sr:; 2, 8-20-02, election of 11-5-02, deleted ,~' 35 pertaining to fire limits. Said section was derivedfrom Laws ofFla 1947, Ch. 24398,,~ 42 Sec. 36. Reserved. Editor's note-Ord. No. 97-43. ~. 2, adopted 8-19-97, repealed ~' 36 pertaining to health regulations and the City Board of Health. Said section was derivedfrom Laws of Fla. 1947. Ch. 24398, f 43. Sec. 37. Deleted. Editor's note-Ord. No. 02-043, S 2, 8-20-02. election of 11-5-02, deleted ,1137 pertaining to borrowing money and the maximum issuance of notes. Said section was derivedfrom Laws of Fla. 1947. Ch. 24398, ,Ir:; 44 ARTICLE III. MUNICIPAL COURT Sees. 38-48. Deleted. Editor's note-The provisions ofH' 38--48 of the Charter compilation have been rendered obsolete by the abolition of the municipal court and the transfer of its jurisdiction to the county court pursuant 10 Fla. Const., An V, ,~- 20, and have been deleted. Said compilation provisions were derived from Laws of Fla. 1947, Ch. 24398. ,~\r:; 4555, as amended by Ord. Nos. 73-47 and 73-53. ARTICLE IV. ADMINISTRATION Sec. 49. General provisions. (a) Administrative officers, departments and agencies. The government of the City shall be carried on by the Mayor and City Commission. They shall appoint a City Manager, who shall serve as the City's chief executive officer. and a City Attorney, both of whom shall serve at the pleasure of the City Commission, There shall also be such other departments and agencies as may be established from 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 discharged by the City Manager, with only the appointment or discharge of Assistant City Managers subject to confirmation by the City Commission. http://www .amlegaI .comJ alp scripts/ get -content.aspx 3/3/2011 Page 11 of29 (b) Supervision by City Manager. Each department, office and agency under the direction and 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 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 combine the functions of any offices specified in this Charter which may be appointed by him. (c) Commission/Manager integration with administration. The City Commission or its members shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the Manager, when such dealings involve giving orders or making requests for services to any such officer or employee. All employees and officers shall be permitted to provide information to any Commissioner or member of the public upon request. (Laws of Fla. 1947, Ch. 24398, S 14; Ord. No. 73-46, S 1, 11-6-73; Ord. No. 76-43, S 1, 10-5-76; Ord. No. 89-29, S 1, 9-19-89; Ord. No. 02-038, S 2, 8-20-02, election of 11-5-02) Sec. 50, 51. Deleted. Editor's note-Ord. No. 02-043, 94, 8-20-02, election of 11-5-02, deleted 9950-51 and added text of both to Article II as H 19,20, Sec. 52. Deleted. Editor's note-Ord. No. 02-043,92,8-20-02, election of 11-5-02, deleted 952 pertaining to qualifications, duties and oath of elective officers. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398,917; as amended by Ord. No. 75-14,91, 5-6-75. Sees. 53, 54. Deleted. Editor's note-Ord. No, 02-043,94,8-20-02, election of 11-5-02, deleted 53-54 and added text of both to Article II as H 23, 24. Sec. 55. Compensation of Mayor and City Commission. Each member of the City Commission, including the member who serves as Mayor shall receive salaries as follows: (a) Effective April I, 2005, the Mayor shall receive an annual salary of$18,000, paid in equal monthly installments; (b) Effective April 1, 2005, City Commission members, excluding the Mayor, shall receive an annual salary of $15,000 annually, paid in equal monthly installments; and (c) The compensation of the Mayor and the Commissioners shall be adjusted annually in April in each year to reflect increase in the consumer price index. (Laws of Fla. 1947, Ch. 24398, S 21; Laws of Fla., Ch. 65-1268, S 1; Ord. No. 74-25, S 1,9-3-74; Ord. No. 81-36, S 1, 11-3-81; Ord. No. 84-44, S 1,11-7-84; Ord. No. 02-043, S 5, 8-20-02, election of 11-5-02; Ord. No. 03-037, S 2, 8-19- 03; Ord. No. 06-047, S 2, 5-16-06) Sec. 56. Deleted. Editor's note-Ord. No. 02-043, 92, 8-20-02, election of 11-5-02, deleted 9 56 pertaining to Council meetings, rules of procedure, and minutes. Said section was derived from Laws of Fla. 1947, Ch. 24398, 923; as amended by Ord. No. 75-11.91, 4-1-75. http://www.am1ega1.com/alpscripts/ get-content.aspx 3/3/20 II Sec. 57. City Attorney-Appointment, term, function. The City Commission may appoint a lawyer, admitted to practice in the courts of this State, as City Attomey, who shall hold office during the pleasure of the Commission, and act as the legal advisor to. and attorney and counselor fOJ the Municipality and all of its officers in matters relating to their offiCIal duties (Laws ofFla, 1947, Ch. 24398, S 56; Ord. No. 02-043, 9 5,8-20-02, election of 11-5-(2) Sec. 58. Same-Duties. The City Attorney, shall, when requested by the City Commission, prepare all contracts, bonds, and other instruments in writing in which the municipality is concemed, or shall endorse on each his approval of the form, language and execution thereof; and no contract with the municipality shall be binding upon 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 complaints, suits and controversies in which the City is a party. He shall furnish the Commission, or the City Clerk, his opinion on any question of law relating to their respective powers and duties; and he shall perform such other professional duties as may be required of him by ordinance or resolution of the Commission or by this Charter, or such as are prescribed for City Attorneys under the general laws of the State. not inconsistent with this Charter, (Laws of Fla. 1947, Ch. 24398, S 57; Ord. No. 02-043, S 5, 8-20-02, election of 11-5-02) Cross reference-Authority to contract and contract execution. attestation and seal. ,~ 21 Sec. 59. Same---Compensation. The City Commission may, from time to time, fix the regular compensation of the City Attomey at a sum commensurate with the duties which may be imposed upon him by this Charter and by the Commission; provided, that all special or unusual services required of the City Attomey, the fee for which is not otherwise prescribed, may be specially compensated as the Commission may see fit to provide. (Laws of Fla. 1947, Ch. 24398, S 58; Ord. No. 02-043, S 3, 8-20-02, election of 11-5-02) Sees. 60, 6]. Reserved. Editor's note-Ord. No. 79-30. j 1, adopted Oct. 16, 1979, repealed H 60 and 61, pertaining to the appointment and duties of the chief of police. Section 60 was derived from Laws of Fla. 1947. Ch 24398. .E.; 59. Section 61 was derivedfrom j 60 of said act, as amended by Ord. No. 74-35, ,~I' 1 Sec. 62. Deleted. Editor's note-Ord. No. 02-043, j 2,8-20-02, election of11-5-02, deleted ,~. 62 pertaining to power and authority 01 police, Said section was derived from Laws ofFla 1947, Ch 24398. .11' 61 Sec. 63. Reserved. Editor's note-Ord. No. 73-45, ,~' 1. adopted Nov. 6, 1973, repealed ,I"' 63 pertaining to the appointment and duties of the superintendent of public works and utilities. Said sectioll was derivedFom Laws of Fin 1947, Ch. 24398. ,I" 62. Sees. 64, 64.]. Reserved. Editor's note-Ord. No. 90-54. S' 1, adopted Nov. 20, /990, providedfor the deletion ojj} 64 and 64./ which pertained to the purchasing agent, competitive bidding and exceptions to competitive bidding procedures. Such sectiolls were derivedfrom Laws of Fla. 1947. Ch 24398, ,II' 63. Laws of Fla. , Ch. 63-1124, ,II' 1 and Ch. 69-846. S I. and the http://www.amlegal.com/alpscripts/ get -content.aspx 3/3/2011 Page 13 of 29 following local legislation: Ord. No. 74-6 74-8 74-1 74-24 75-42 80-25 87-5 Date 2-5-74 2-19-74 3-19-74 8-20-74 1-5-76 7 -1-80 2-17-87 Sec. 1 1 1 1,2 The user's attention is directed to ~ 2-56 et seq., of the Code for current provisions concerning similar subject matter. Sec. 65. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed ~ 65 pertaining to city clerk and tax collector. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, ~ 64. Sec. 66. Deleted. Editor's note-Ord. No. 02-043, ~ 2,8-20-02, election of 11-5-02, deleted ~ 66 pertaining to duties of City Clerk. Said section was derived from Ord. No, 77-3, ~ 1,2-1-77. Sec. 66.1. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed ~ 66.1 defining public records. Said section was derivedfrom Ord. No. 77-3, ~ 2,2-1-77. Sec. 66.2. Reserved. Editor's note-Ord. No. 97-43, ~ 2, adopted 8-19-97, repealed ~ 66.2 pertaining to delivery of public records to City Clerk. Said section was derivedfrom Ord. No. 77-3, ~ 3,2-1-77. Sec. 67. Reserved. Editor's note-Ord. No, 97-43, ~ 2, adopted 8-19-97, repealed ~ 67 pertaining to duties of tax collector; the city depository; and report offunds. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, ~ 66. Sec. 68. Deleted. Editor's note-Drd. No. 02-043, ~ 2,8-20-02, election of 11-5-02, deleted ~ 68 pertaining to duties of City Treasurer. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, ~ 67. Sec. 69. Reserved. Editor's note-Ord. No. 79-30, ~ 1, adopted Oct. 16, 1979, repealed ~ 69, pertaining to the appointment and duties ofthefire chief Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, ~ 169. Sec. 70. Bond for tax collector, treasurer, police chief and depositories. http://www.amlegal.comlalpscripts/ get -content.aspx 3/3/2011 /; 12 I, The Tax Collector, Treasurer, and ChierofPohce, and City Deposltones, shall each gIve such bone! for the falthfu' discharge of their respective duties, and for the protectIon of City deposIts as may be prescribed by the Commission, and the City Commission shall have authontv to reqUlrc any other officer to gIve bond and fix the amount thereo f. ((Laws ofFla, 1947, Ch, 24398, 9 18; Ord. No. 02-04:t ~ 5, 8-20-02 election of 11-5-021 Sec. 71. Reserved. Editor's note-Ord No. 97-43, .9' 2, adopted 8-19-97, repealed ,)1' 71 prohibiting relatives of mayor and councilmen from holding city positions. Said section was derivedfi-om Laws of Fla /947, ell. 24398, "I' /47 ARTICLE IV-A. MERIT SYSTEM FOR PERSONNEL * * Editor's note-Laws of Fla.. Ch. 61-1889,from which this article IS derived, was rat!fied by the electorate Dee. 5 1961, Laws of Fla. 1953, Ch, 28910. authorizing a civil service system and providingfor its regulation by ordinance, {\ superseded by said 1961 act, and has been deleted from this Charter Sec. 72. Deleted. Editor's note-Ord. No. 02-043, !J~ 2, 8-20-02, election of11-5-02. deleted ,)1' 72 pertaining to the establishment ola merit system for city personnel and the scope of its provisions. Said section was derivedfrom Laws of Fla., Ch. 6/- 1889, ,92(1); as amended by Ord. No. 97-52. ,9' 2, 1-20-98, election 0(3-10-98 Sec. 72.1. Deleted. Editor's note-Ord. No. 02-043, 9 2, 8-20-02, electIOn of 11-5-02, deleted 9 72 pertaining to classified and unclassified service. Said section was derived from Laws of Fla.. Ch. 6 1-1889. 9 2(2), Sec. 72.2. Status of present employees. Any person holding a position in the classified service when this act [article] takes effect*, who shall have served in such position for a period of at least twelve (12) months, shall be retained without preliminary or performance tests and shall thereafter be subject in all other respects to the provisions of this act [article], All other persons in the classified service at the time this act [article] takes effect shall be considered as having been given probationary appointment from the time of their employment. (Laws of Fla., Ch. 61-1889, 9 2(3); Ord. No. 83-56, 9 5. 1-3-84) Sec. 72.3. Deleted. Editor's note-Ord No. 02-042, ~ 2, 8-20-02, election of 11-5-02, deleted j 72.3 pertaining to the powers and duties of the Personnel Director. Said section was derivedfrom Laws of Fla. 1947, Ch. 61-1889. ,92(4); as amended by Ord 83-56. ~ 1, 1-3-84. Sec. 72.4. - 72.8 Reserved. Editor's note-Ord No. 97-53. adopted Jail. 20, 1998. repealed Sees. 72.4-72,8, which pertained to the Civil Service Board. Prior to repeal, such codification was derivedfrom Laws of Fla. , Ch. 61-/989. .~ 2(5)-2(9) Sec. 72.9. Deleted. http://www.amlegal.com/alpscripts/ get-content. aspx 3/3/201 1 Page 15 of29 Editor's note-Grd. No. 02-043,92,8-20-02, election of 11-5-02, deleted 972.9 pertaining to personnel rules. Said section was derivedfrom Laws ofFla, Ch. 61-1889,92(10); as amended by Ord. No. 80-24, 91,6-3-80; Ord. No. 80- 40,91, 10-8-80; Ord. No. 83-56,93, 1-3-84. Sec. 72.10. Deleted. Editor's note-Ord. No. 02-043,92, 8-20-02, election of 11-5-02, deleted ~ 72.10 pertaining to rules incorporating principles ofmerit andfitness. Said section was derivedfrom Laws ofFla, Ch. 61-1889,92(11); as amended by Ord. No. 80-40, 91, 10-8-80. Sec. 72.11. Deleted. Editor's note-Ord. No. 02-043,92,8-20-02, election of 11-5-02, deleted 972.11 pertaining to causes for suspension and dismissal. Said section was derivedfrom Laws ofFla, Ch. 61-1889,92(12); as amended by Ord. No. 80-40,91, 10-8-80. Sec. 72.12. Reserved. Editor's note-Ord. No. 97-53, 92, adopted 3-10-98, repealed 972.12 pertaining to removals and appeals. Said section was derivedfrom Laws of Fla. , Ch. 61-1889, ~ 2(13), as amended by Ord. No. 80-40,91, 10-8-80; Ord. No. 83- 56, ~ 4, 1-3-84, Sec. 72.13. Deleted. Editor's note-Ord. No. 02-043, 92, 8-20-02, election of 11-5-02, deleted 9 72.13 pertaining to absence of City Manager. Said section was derivedfrom Laws ofFla, Ch. 61-1889, ~ 2(14); as amended by Ord. No. 80-40,91,10-8- 80, ARTICLE V. REVENUE AND TAXATION* *State law references-Municipal [mance and taxation generally, F.S. ~~ 166.211 et seq.; local financial management and reporting, F.S. ~~ 218.30 et seq.; investment oflocal government surplus funds, F.S. ~~ 218.40 et seq. Sec. 73. Deleted. Editor's note-Ord. No. 02-043, 92, 8-20-02, election of 11-5-02, deleted 9 73, which defined the fiscal year. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, 9167; Laws of Fla, , Ch. 69-847, ~ 1. Sec. 74. Deleted. Editor's note-Ord. No. 02-043, ~ 2,8-20-02, election of 11-5-02, deleted 974 pertaining to property subject to taxation. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, 968. Sec. 75. Deleted. Editor's note-Ord. No. 02-043,92,8-20-02, election of 11-5-02, deleted 975 pertaining to authority to levy and purposes of taxation. Said section was derivedfrom Laws of Fla. 1947, Ch. 24398, 969, Sec. 76. Deleted. Editor's note-Ord. No. 02-043,92, 8-20-02, election of 11-5-02, deleted 9 76 pertaining to authority to levy excise and license taxes. Said section was derived from Laws of Fla. 1947, Ch. 24398, 9 70. http://www.amlegal.com/alpscripts/ get-content.aspx 3/3/2011 (, Sec. 77. Deleted. Editor's note-Ord. No. 02-043, ,~' 2.8-20-02. election ofl15-02, deleted,~ 77 pertaining to authority to annualh levy a special tax for publicity and advertising purposes Said sectioll was derivedfi-om Laws of Fla 1947. Ch. 24398 ,~' 7J. Sees. 78-83. Deleted. Editor's note-Provisionsformerly codified as ::}',I~ 78-83, derivedfrom Lmvs ofFla 1947, Ch. 24398, ,9~~ 72-77, have been rendered obsolete by the assumption of the tax assessing and collecting/unctions b", the count}'. 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 necessary revenue and certification ofa tax levy. Said section was derivedfrom Laws of Fla. 1947. Ch. 24398, .~ 78, ,I.' amended by Ord. No. 74-22, ::,~ 1, 8-20-74; Ord. No. 76-34, ,II' 1, 9-7-76 Sees. 85-111. Deleted. Editor's note-Provisionsformerly codified as ~',\\' 85-111. derivedFom Laws of Fla. 1947, Ch. 24398, ,(~' 79-105, have been rendered obsolete by the assumption of the tax assessing and collectingfunctions by the COUllty, pursuant to FS.~ 193.lJ6. Sees. 112-128. Deleted. Editor's note-Provisions formerly codified as .~'.II112-128, derivedfrom Laws of Fla 1947. Ch. 24398, H' 106-122 have been rendered obsolete by the assumption 0/ the tax assessing and collecting/unctions by the county, pursuant /0 FS ,~' 193.lJ6. Sec. 129. Report of taxes collected by Tax Collector; final report to City Commission. Editor's note-Section 129, derived from Laws of Fla. 1947, Ch. 24398, ,I' 123, has been converted to ordinance status by the Home Rule Act, FS ,9' 166021, and has been moved to the Code or Ordinances at the direction of the Cltl ARTICLE VI. RESERVED Sees. 130-137. Reserved. Editor's note-Ord. No. 97-43, ,~' 2, adopted 8-19-97, repealed H' 13Q---.137 pertaining to bonds Said sections were derived/rom Laws 0/ Fla. 1947, Ch. 24398, ,~',~' 12424-124.30 and ,\~ 124.66 ARTICLE VII. ELECTIONS Sec. 138. Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, shall be called by proclamation of the Mayor; published in a newspaper published in the City of Boynton Beach, Florida, once a week for two (2) consecutive http://www.amlegal.com!alpscripts/ get -content.aspx 3/3/2011 Page 17 of29 weeks, or, if no newspaper is published in the City of Boynton Beach, Florida, by posting same at the City Hall for two (2) weeks, and such election that may be held upon such notice. Candidates for City Commission shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February 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 close of qualifying. (Laws of Fla. 1947, Ch. 24398, 9 131; Ord. No. 80-41, 93,10-21-80; Ord. No. 80-46, 92,10-31-80; Ord. No. 83-51,9 2, 12-20-83; Ord. No. 01-25, 9 7, 7-3-01; Ord. No. 02-043, 9 5, 8-20-02, election of 11-5-02; Ord. No. 02-046, 92,8- 20-02; Ord. No. 08-005, 92,4-1-08) 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 (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 number of votes in the first election shall be held on the fourth Tuesday in March of the calendar year, and the candidate receiving the higher number of votes in the second election shall be declared elected. For purpose of transition from November to March elections, any municipal officer whose term of office would expire in November will have their term extended until the following March. (Laws of Fla. 1947, Ch. 24398, 9 132; Ord. No. 80-46, 9 2,10-31-80; Ord. No. 83-51, 9 3,12-20-83; Ord. No. 95-25, 9 2, 7-18-95; Ord. No. 08-005, 9 2, 4-1-08) Cross Reference-Composition, election, terms, vacancies, see Charter 9 17. Sec. 140. Reserved. Editor's note-Ord. No. 82-20, 9 1, enacted July 20, 1982, repealed 9 140 which prohibited persons connected with the city government from soliciting votes or support for the nomination or election of a candidate for councilman. Said Section was derivedfrom Laws of Fla. 1947, Ch. 24398, S 133. Sec. 141. Regular municipal election, date; qualification of electors for Commissioners; method of holding elections, special elections. Regular municipal elections shall be held on the second Tuesday in March of the calendar year. In the event a run-off election is required as specified in Section 139 hereof, said election shall be held on the fourth Tuesday in March ofthe calendar year. The City Commission shall prescribe, by ordinance, the method and manner of holding all elections in said City, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this Charter, and all elections shall be conducted substantially on the principle adopted for state election insofar as there are no conflicts with the terms of this Charter. (Laws of Fla. 1947, Ch. 24398,9 134; Ord. No. 80-41, 94, 10-21-80; Ord. No. 83-51, 9 4, 12-20-83; Ord. No. 01-25, 9 , 7-3-01; Ord. No. 02-021, 9 2, passed 6-4-02; Ord. No. 02-043, 9 5, 8-20-02, election of 11-5-02; Ord. No. 08-005, 9 2, 4-1-08) Sec. 142. Registration officer and registration. The City Clerk shall be the registration officer of the City and said clerk, or his/her duly appointed deputies, shall register all persons applying to him/her whose names are not already borne upon the registration book applicable to the City and who are qualified as electors under the Constitution and laws of the State of Florida. For this purpose, such http://www.amlega1.comlalpscripts/ get -content.aspx 3/3/2011 XI registrations shall be received during normal busmess hours. or at such other times as deSIgnated by the City Commission, at the office of the City Clerk or at such other places within the City limits when duly designated by the City Commission* Registrations shall be upon fonns provided by the Super\1sor of ElectIons of Palm Beach Count,. Florida. (Laws of Fla. 1947, Ch. 24398, S 15; Laws of Fla.. Ch 63-] ]25, Q I: Ord. No. 74-23, ~ L 8-20-74: Ord. No. 02-043, 3,8-20-02, election of 11-5-02) *Editor's note-Florida Statutes, ~' 98. 051. requires registration to be closed on the thirtieth day befrJre an electioll. and the city is required to use the county's voter registration rolls. State law reference-City required to use county registration rolls, ps. ,\\ 98JJ411t is customaryfor the coullty supervisor of electiolls to designate the city clerk as a depuzv registrar so that registration may be effected at citv hall Sec. 143. Arrangements by City Commission; inspectors and clerks, appointment. The City Commission shall make all necessary arrangements for holding all municipal election(s) and shall declare the result thereof. Inspectors and clerks of elections shall be appointed by the City Commission, but if the City Commission shall fail to appoint them at least two (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 and clerks for any election, the City Clerk shall make the appointments on the day of the election. (Laws of Fla. 1947, Ch. 24398, S 136; Ord. No. 02-043, S 5, 8-20-02, election of 11-5-(2) Sec. 144. Polls, opening and closing; voting results, certification, canvass of returns, declaration of results; tie vote. The polls shall open at sunrise and close at sunset. * The result of the voting, when ascertained, shall be certified by retum in duplicate, signed by the clerks and the majority of the inspectors of the election, one copy to be delivered to the Mayor, and the other to the City Clerk, both of whom shall transmit such returns to the City Commission at a called meeting to be held not later than three days after such election. At such meeting the City Commission shall canvass the retums, and in the absence of a declaration of a contest by any of the candidates in such election, shall declare the result of the election as shown by the returns made by clerks and inspectors for said election. A tie between two (2) or more candidates shall be determined as prescribed by ordinance. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected (Laws of Fla. 1947, Ch. 24398, S 137; Ord, No. 02-043, ~ 5, 8-20-02, election of 11-5-(2) *State law reference-Open hours for the polls in local elections are prescribed asfrom 7'00 a.m. to 7'()U p.m. by FS. S 100.011. Sees. 145, 146. Repealed. Editor's note-Ord. No. 75-44, adopted Jan. 20, 1976, repealed ,~'.9' 145 and 146, pertaining to the recall of elected officers. Said sections were derived from Laws of Fla 1947, Ch. 24398. ,1\\\' 138. /39 Sec. 147. Initiative petition of proposed ordinances-Required signatures, etc. Any proposed ordinance, including ordinances for repeal of ordinances then in effect or which have been enacted but not yet effective, may be submitted to the City Commission by a petition, signed by at least twenty-five per cent of the total number of registered voters in the City. All petitions circulated with respect to any proposed ordinance shall be uniform in character, shall contain the proposed ordinance in full and shall have printed or written thereon the names of five electors who shall be officially regarded as filing the petition, and shall constitute a committee of the petitioners for purposes hereinafter named. Each signer of the petition shall sign his name in ink or indelible pencil and shaH place on http://www.amlegal.com/alpscripts/ get -content.aspx 3/3/201 ] Page 19 of29 the petition opposite his name the date of his signature. The signatures of any such petition need not be appended to one paper, but to each such paper shall be attached an affidavit by the circulator thereof, 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 purports to be, and that it was made in the presence of the affiant on the date indicated. (Laws of Fla. 1947, Ch. 24398, ~ 140; Ord. No. 02-043, ~ 5, 8-20-02, election of 11-5-02) Sec. 148. Same-Filing with City Clerk, submission to City Commission. All papers comprising an initiative petition shall be assembled and filed with the City Clerk as one instrument within thirty days of the first signature thereon, and when so filed the City Clerk shall submit the same to the City Commission at its next regular meeting and provisions shall be made by the City Clerk for public hearings upon the proposed ordinance. (Laws of Fla. 1947, Ch. 24398, ~ 141; Ord. No. 02-043, ~ 5, 8-20-02, election of 11-5-02) Sec. 149. Same-Action of City Commission; referendum. The City Commission shall at once proceed to 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 of the proposed ordinance, as set forth in the petition, the City Clerk shall at once cause notice of the filing of such petition and the refusal of the City Commission to pass said ordinance, to be published in a newspaper of general circulation published in the City of Boynton Beach, and the City Commission shall at once proceed to submit the passage of the ordinance to the majority vote of the qualified electors of the City voting in such election. If a regular or special election is to be held in the City not earlier than thirty days, nor later than sixty days, the ordinance shall be submitted to the voters at such election; otherwise an election shall be called for such submission. At least ten days before such election the City Clerk shall cause the text of the ordinance to be published in a newspaper of general circulation published in the city. (Laws of Fla. 1947, Ch. 24398, ~ 142; Ord. No. 02-043, ~ 5, 8-20-02, election of 11-5-02) Sec. 150. Same-Offending ordinance suspended. When the initiative petition is for an ordinance repealing or amending an ordinance which has been enacted, but is not yet effective, the offending ordinance shall not go into effect until after the demands of the petition shall have been carried out. (Laws of Fla. 1947, Ch. 24398, ~ 143) Sec. 151. Same-Form ofreferendum ballot. Referendum elections shall be provided for in the same manner as other elections of the City. The ballot shall be a piece of plain white paper which shall have printed upon it the title of the ordinance to be referred, below which shall be two lines in the following form: FOR THE ORDINANCE AGAINST THE ORDINANCE http://www.amlegal.comlalpscripts/ get -content.aspx 3/3/2011 The voter shall express himself by placing a cross .x mark to the rIght of the Illle indicating his deSlfe in the matter (Laws of Fla. ]947, Ch. 24398, 9144) Sec. 152. Same--Vote required to amend or repeal. Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, but the proposition to amend or repeal such ordinances may be submitted to the voters in any regular election of the city, provided that no later than fifteen days before such election the City Commission shall cause 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 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, Ch. 24398, S ]45; Ord. No. 02-043. S 5, 8-20-02, election of] 1-5-02) Sec. 153. Same--Duty of City Attorney to draft ordinance and advise upon. It shall be the duty of the City Attorney to draft initiative ordinances or to pass upon the legality of the same when requested to do so by the referendum committee of five (Laws of Fla. ]947, Ch. 24398, 9 ]46) Sec. 154. Reserved. Editor's note--Ord. No. 83-51, ,~' 6, adopted Dee. 20. 1983, repealed ~\' 154. "Primary elections, authority to provide;filingfee." which section derived{rom Laws ofFla 1947, Ch. 24398. ,II' 150, and Ord. No 77-78, ,9' 1. adopted Feb. 20.1977. Sec. 155. Officers hold until successors qualify; ordinances continued. All officers theretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof until their successors are elected and qualified under the provisions of this Charter; and all existing ordinances shall continue in effect and unimpaired until repealed. amended or modified by the municipality which is hereby incorporated. (Laws of Fla. 1947, Ch. 24398, 9 ]49) ARTICLE VIII. RESERVED Sees. 156--169. Reserved. Editor's note-Ord. No. 97-43. ~'2, adopted 8-19-97, repealed ~\' 156-169 pertaining to public improvements and assessments. Said sections were derived from Laws ofFla 1947, Ch. 243 98.i:!~' 151---154 and 156- 165 ARTICLE IX. CONTRACTS AND LEASES OF BEACH PROPERTY* Sec. 170. Authorized. The City of Boynton Beach may from time to time enter into such contracts and lease agreements of portions of the Municipal Beach property, being in the Town of Ocean Ridge, Palm Beach County, Florida, for the providing of recreational facilities upon the terms and conditions as the City Commission may deem to be in the best interest of the http://www.amlegal.com!alpscripts/ get -content. aspx 3/3/20 II Page 21 of29 City. All such leases shall be subject to the rights of the public at all times, to use the public bathing beach. (Laws of Fla. 1953, Ch. 28909, ~ 1; Ord. No. 02-043, ~ 5, 8-20-02, election of 11-5-02) Sec. 171. Deleted. Editor's note-The city has directed the deletion of 8171, which was derivedfrom Laws of Fla. 1953, Ch. 28909, 8 2. Said Section ratified a 1952 lease between the city and Boynton Beach Development Corp. *Editor's note-Article IX is derivedfrom Laws of Fla. 1953, Ch. 28909, which did not expressly amend the Charter. The lease set out herein is no longer in effect, but the city has directed the inclusion of the 1953 act, since it contains a description of the beach property. CHARTER COMPARATIVE TABLE SPECIAL ACTS This table shows the location of the sections of the basic Charter and the special acts amending the Charter. Chapter 24398 (1947) Section Disposition 1 (Note) 2-5 6(Note) 7(Note) lO(Note) 11(Note) 12(Note) 15 16(Note) 49 19, 142 20 52(Note) 70 23 24 55 24 56(Note) 17 18 19(Note) 20(Note) 21 22 1 2-5 6 7 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 Rpld Rpld Rpld Deleted Deleted Deleted Deleted Deleted Deleted http://www.amlegal.comlalpscripts/ get-content.aspx 3/3/2011 iO .Deleted n(Nok 1 ji Deleted 24(Note .1 -~r Rpld .:5(Note 33 Rpld 26(No(c 34 Deleted 27(Notei 35-37 Rpld 28- 30(Notes) 38,39 Deleted lJ-32(Notes) 40 Rpld 33(Note) 42 Deleted <5(Nolc' 43 Rpld 16(Notei 44 Deleted 37(Note) 45-55 jk-48(Note) 56-58 .'\'7.59 59 Rpld IJO(Note i 60 Rpld (J llNote I 61 Deleted 62(Notei 62 Rpld 63(Note I 63 Deleted 64( Note) 64 65( Note) 66 Rpld 67( Note) 67 Deleted 68(Note) 68- 71 Deleted 74-77(Notes) 72-77 Deleted :8-83(Note) 78 84(Note I 79-] 05 85-IIICNote) 98 Deleted 9(Note) ]06-]22 12-128(Note) 123 I 29(Note ) ] 24.24-] 24,30, 132- D 7(Note) ]24.66 131 138 132 139 ]33 140(Note) 134 14 t ]36 143 137 144 138, ]39 145. 146(Note) ] 40-146 147-153 ]47 Rpld IINote) http://www.amlegal. COlnJ alp scripts/ get -content.aspx 3/3/20] I Page 23 of 29 148 Deleted 14(Note) 149 155 150 154 151-154, 156-165 156-169(Note) .166 131 167 73 (Note) 168 Deleted 13 (Note) 169 69(Note) 171 Deleted 8 (Note) 28909 (1953) 170 2 171 (Note) 28910 (1953) J\rt. I\f-i\(Note) J\rt.IX(Note) 30588 (1955) 1 6(Note) 2 7(Note) 61-1885 7(Note) 61-1888 1 6(Note) 2,3 7(Note) 61-1889 J\rt. I\f-A(Note) 72.2(Note) 2(1) Deleted 72(Note) 2(2) Deleted 72. 1 (Note) 2(3) 72.2 2(4) Deleted 72.3(Note) 2( 5)-2(9) Rpld 72.4-72.8(Note) 2(10)-2(12) Deleted 72.9- 72.11 (Notes) 2(13) Rpld 72. 12(Note) 2(14) Deleted 72. 13 (Note ) 63-1122 1 23 63-1123 1 Rpld 7.2(Note) 2 Deleted 16(Note) 63-1124 1 Deleted 64(Note) 63-1125 1 142 2 Rpld 24(Note) 65-1268 1 55 67-1118 1 19 67-1119 1 Deleted 20(Note), 1 Deleted 20. 1 (Note) 68-81 6(Note) 68-82 Rpld 7(Note) http://www .amlegal.comJ alpscripts/ get -content.aspx 3/3/2011 69-847 69-848 Deleted Deleted .;',.I.-.j ) \i Ole! ;( '\J ote ! IJA( Note! CHARTER COMPARATIVE TABLE ORDINANCES This table shows the location of the ordinances amending the Charter. Ordinance Number 62-7 62-8 62-15 63-37 64-4 64-5 65-17 65-18 65-21 65-35 69-8 70-4 70-7 70-25 72-16 72-17 72-20 72-21 72-27 73-44 73-45 73-46 73-47 73-53 73-54 74-1 74-6 74-8 74-9 74-10 Date Section 6-4-62 6-4-62 9-17-62 1-6-64 3-2-64 3-2-64 5-17-65 5-17-65 6-1-65 8-16-65 4-7-69 3-2-70 3-16-70 9-29-70 6-20- 72 6-20-72 8-1- 72 8-15-72 11-7-72 11-6-73 11-6- 73 11-6- 73 Deleted Deleted 12-18-73 3-19-74 2-5-74 2-19-74 4-16-74 3-19-74 http://www.amlegal.com/alpscripts/ get -content.aspx Disposition 6(Note) 6iNote) 6(Note) 6(Note) 6(Note) 6(Note) 6(Note) 6(Note) 6(Note) 6(Note) 6(Note) 6( Note) 6(Note) 6(Note) 6(Note; 6(Note) 6( \'ote I 6(Notel 6(Note) 6( Note I 63(Note) 49 38-48(Note) 3 8-48(N ote) I ~ 64(Note) 64(Note) M(Note) 6(Note) M(Note) 3/3!20 1 I Page 25 of 29 74-21 8-20-74 Rpld 24(Note), Rpld 25(Note) 74-22 8-20-74 Deleted 84(Note) 74-23 8-20-74 I 142 74-24 8-20-74 I Deleted 64(Note) 2 Deleted 64. 1 (Note) 74-25 9-3- 74 I 55 74-3 I 9-17-74 6(Note) 74-34 10-1-74 6(Note) 74-35 10-15-74 Rpld 61 (Note) 75-6 3-4- 75 6(Note) 75-11 4- I -75 Deleted 56(Note) 75-13 5-6-75 Deleted 16(Note) 75-14 5-6-75 Deleted 52(Note) 75-41 1-5- 76 Rpld 29(Note) 75-42 1-5- 76 Deleted 64. I (Note) 75-44 1-20-76 Rpld 145, 146 (Note) 76-10 4-23-76 6(Note) 76-34 9-7-76 1 Deleted 84(N ote ) 76-43 10-5- 76 1 49 7-3 2-1- 77 1 Deleted 66(Note) 2 Deleted 66. I (Note) 3 Deleted 66.2(Note) 77-21 8-16-77 1 Rpld 26(Note) 77-31 10-18-77 1 22 77-78 2-20- 77 1 Rpld 154(Note) 78-9 4-10-78 6(N ote ) 78-14 4-18-78 6(N ote ) 78-39 9- I 9- 78 6(Note) 78-40 9-19-78 6(Note) 78-5 I 11-8-78 Deleted 20. 1 (Note) 79-11 4-3-79 6(Note) 79-17 8-7-79 6(Note) 80-9 7-15-80 6(Note) 80-24 6-3-80 n.9(Note) 80-25 7- I -80 Deleted 64. 1 (Note) 80-40 10-8-80 Deleted n.9- n.l1 (Notes) Rpld n.12(Note) Deleted n.13(Note) http://www.amlegal.com/alpscripts/ get -content.aspx 3/3/2011 )(~ i 10-2] -80 .., 3 i ~\8 4 14 80-46 10-31-80 2 138. ]39 81-29 9-15-8 ] 6(Note) 81-36 11-3-81 'i" 82-14 7-6-82 6(Note) 82-20 7-20-82 Rpld 140 82-26 10-6-82 6(Note) 82-27 ] 0-6-82 6(Note) 82-32 10-6-82 6( Note) 82-33 10-6-82 6( Note) 82-34 10-6-82 6(Note) 82-35 10-6-82 6(!\ote) 82-38 11-16-82 6(Note) 82-39 11-16-82 6(Note I 82-40 ]]-16-82 6(Notel 82-49 11-16-82 6(Note) 83-2 3-15-83 6(Notcl 83-46 ]-]7-84 6(Note) 83-49 ] -3-84 (l( Note) 83-51 12-20-83 2 Uk 3 1 (t' . ." 4 141 6 Rpld I 54(Note) 83-52 ]-3-84 6(Note) 83-54 2-7-84 2 2~ 83-56 1-3-84 Deleted 72.3(Note) 3 Deleted 72. 9(Note) 4 Rpld 72. ]2(Note) 5 72.2 84-3 2-21-84 6(Note) 84-5 2-7-84 1-' 84-15 4-3-84 6(Note) 84- 24 7-3-84 6(Note) 84-44 11-7-84 ;;;.;:, http://www.amlegal.com/alpscripts/ get -content.aspx 3/3/201 ] Page 27 of29 1-5-85 6(Note) 85-15 3-5-85 6(Note) 86-7 6-3-86 6(Note) 86-18 9-3-86 6(Note) 86-19 9-3-86 6(Note) 86-20 9-3-86 6(Note) 86-21 9-3-86 6(Note) 86-22 9-3-86 6(Note) 86-40 12-16-86 6(Note) 86-41 12-16-86 6(Note) 87-4 2-3-87 1-3 Art. II(Note) 87-5 2-17-87 1 64. 1 (Note) 87-30 9-15-87 1 19 87-37 10-20-87 1 17 87-38 10-20-87 1 19 87-44 12-15-87 6(Note) 87-45 12-15-87 6(Note) 87-46B 1-5-88 Rpld 24(Note) 88-11 4-5-88 6(N ote ) 88-27 8-16-88 6(Note) 88-48 12-6-88 6(Note) 88-49 12-6-88 6(Note) 88-50 12-6-88 6(N ote ) 89-10 6-20-89 6(N ote ) 89-14 6-20-89 6(Note) 89-25 10-3-89 6(Note) 89-29 9-19-89 49 90-54 11-20-90 Deleted 64, 64. 1 (Note) 89-35 10-17-89 6(Note) 89-42 12-5-89 6(Note) 89-44 12-5-89 6(Note) 90-25 9-5-90 6(Note) 90-61 12-18-90 6(Note) 90-62 12-18-90 6(Note) 90-63 12-18-90 6(N ote ) 90-64 12-18-90 6(Note) 90-80 1-2-91 1 20 91-16 4-2-9 ] 2 Rpld 23 (Note) 91-26 5-21-9] 1 15 http://www.amlegal.comlalpscripts/ get-content.aspx 3/3/20 II u-~ :\ 7-2-9 J ) 91-56 8-20-91 hlNote) 92-7 4-21-92 Deleted 20. \( d I )(Note) 92-14 6-2-92 6(Notci 92-61 1-5-93 6( Note I 92-40 7-21-92 Deleted 20.1( d 1 )( I)(Note) 93-1 ] 6-1-93 6( Note) 93-40 ]2-7-93 6( Note) 93-43 12-7-93 6(Note) 93-46 12-7-93 6( Note) 93-49 12-7-93 6CNote) 93-55 12-7-93 6( Note) 93-59 12-7-93 6(NotCI 93-62 12-7-93 6( Note) 93-65 12- 7-93 6(Notel 93-68 12- 7-93 6( Note) 94-32 10-18-94 6(Note) 94-35 10-18-94 6(Note) 94-41 10-18-94 6(Notel 94-44 ] 0-18-94 6( Note) 94-53 1-3-95 6( Note) 95-11 6-6-95 2 6( Note) 95-14 6-20-95 2 6(Note) 95-17 6-6-95 2 6(Notel 95-25 7-18-95 2 11 Cl 97-36 8-5-97 2 ,':;, 97-38 8-5-97 2 2.:.; 97-39 8-5-97 2 Rpld 24(Note) 97-43 8-19-97 2 Rpld l(Note), 7(Note), 7.2(Note), 8-11(Notes), 13(Note), 14 (Note), 24(Note), 25(Note), 28(Note), 29(Note), 30 (Note), 36(Note), 65(Note), 66. 1 (Note), 66.2(Note), 67 (Note). 71(Note), 130-137(Note), ] 56-169(Note) 97-52 1-20-98 2 Deleted 72(Note) 97-53 1-20-98 2 Rpld 724-72.8(Note).72.12(Note) 98-19 7-7-98 2 6CNote) 98-27 7-21-98 2 6('\ote) (See the Code Comparative Table) 04-055 8- 3 -04 2 6(Note) 04-080 11-3-04 2 6(Note) 04-085 10-4-04 2 6(Note) http://www.amlegal.com/alpscripts/get-content.aspx 3/3/20 I I Page 29 of 29 06-047 08-005 5-16-06 4-1-08 2 2 55 15,138,139,141 Disclaimer: This Code of Ordinances andior any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken For furiher information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the MuniCipality directly or contact American Legal Publishing toll-free at 800-445-5588. @ 2011 American Legal Publishing Corporation techsupporttlilamleQal. com 1.800.445.5588. http://www.amlegal.com/alpscripts/ get-content. aspx 3/3/2011 Charter Review Committee - City of North Miami Beach, Florida Page 1 of 2 Home > inside City Government > Boards & Committees > "iT L 4 j $th M1arnLBcach, n Florida jik fr. in , % , 4, Y. ' 1Beauti s , av Horne / Charter Review Committee 1 Calendar of Events I A Charter Review Committee is established on a periodic basis to review and study the I Living in NMB M existing City Charter for possible amendments or revisions The Committee functions as a / Buscness & 1 recommending body to the City Council I Development p II Bids & RFP's I 2008 Charter Review Committee Note: This is no longer an active committee, however, the committee members, l inssde City Government, meetings, minutes, etc. are provided here for reference purposes. Boards & Committees City Clerk The most recent Charter Review Committee was established under the provisions of General Services Resolution 2008 -10 on March 4, 2008 and provided their written recommendations to the City Administration Council in November 2008 Capital Improvements Community Committee Members Development The Charter Review Committee consists of 7 members to be appointed by the City Council Financial Services The Mayor and Council each select one responsible and independent member. That member Human Resources y p p Leisure Services must be willing to serve, be a U.S citizen and resident of the City, and qualify to function as a Library member of the Charter Review Committee Police Department Public Services William Dean Jarret Gross, Vice Chair I City Charter & Code i Norman Edwards Mary Hilton 1 Working for NMB I Barbara Falsey Beth Spiegel, Chairperson I Visiting NMB I Glenn Finlay Csty Directory I Meetings ' Gong Green I All meetings are open to the public and will be advertised The approved schedule of FAQ meetings is listed below Refer to the Calendar of Events for the next scheduled meeting I Helpful Links k Public Input The Charter Review Committee requests your written or verbal input regarding the City's 1 Press Releases I Charter and the advisability of amending it All input received will be provided to the Charter Review Committee and posted here on the City's website Check here for complete details I About NMB p about the Public Input Process and any input received About this Site For further information, please contact the City Manager's office at 305 - 948 -2900 I NMVIBTV i Search LL Resolution 2008 -10 Establishment of Charter Review Committee I GO l', Committee Member Appointment Letter Dated April 10, 2008 r: , ■ ;1 , 4 Agenda - April 29, 2008 Initial Organizational Meeting " Public Input Process : Meeting Schedule Approved on May 21, 2008 Search Tips L F ` Press Release Issued May 23, 2008 Samples of City Charters Aventura, Doral, Miami Beach, Miami Gardens, Palmetto Bay, Pinecrest and Sunny Isles http: / /www.citynmb.com/ index. asp? Type =B_ BASIC& SEC= %7BD213D66F- 06FA- 46F9 -8... 1/5/2011 Charter Review Committee - City of North Miami Beach, Florida Page 2 of 2 May 21, 2008 Meeting Agenda, Minutes from April 29, Public Input Process, and Meeting Schedule June 4, 2008 Meeting Agenda, Minutes from May 21, 2008 meeting, and Memo from Staff June 18, 2008 Meeting Agenda, Approved Minutes from June 4, 2008 meeting, and Charter Review Revision Materials from the Florida League of Cities. July 2, 2008 Meeting Agenda, Minutes from June 18, 2008 meeting and support documents submitted by Barbara Falsey for the July 2, 2008 meeting July 16, 2008 Meeting Agenda and minutes are attached July 30, 2008 Meeting Agenda, minutes and supporting documents are attached August 13, 2008 Meeting Agenda, minutes and supporting documents are attached August 27, 2008 meeting Agenda, minutes and supporting documents are attached September 10, 2008 Meeting Agenda, minutes, and supporting documents are attached September 24, 2008 Meeting Agenda, minutes and supporting documents are attached October 15, 2008 Meeting Agenda, minutes and supporting documents are attached October 29, 2008 Meeting Final Public Hearing Agenda, minutes, and supporting documents are attached November 05, 2008 Meeting Agenda, minutes, and supporting documents are attached Last updated Thursday, June 18, 2009 Printer - friendly Version °i,, The (•ic gal , if of fim C „+ of l,ort 1 1Aiarr Fa r rr POI ki Home I Calendar of Events I Living in NMB I Business & Development I Bids & RFP's I Inside City Govemment I City Charter & Code I Working for NMB 1 Visiting NMB I City Directory I Going Green I FAQ I Helpful Links I Press Releases I About NMB I About this Site I NMBTV %wee1 JY i go http: / /www.citynmb.com/ index. asp? Type =B_ BASIC& SEC= %7BD213D66F- 06FA- 46F9 -8... 1/5/2011 RESOLUTION NO. R2008 -10 A RESOLUTION OF THE MAYOR AND CITY COUNCIL OF THE CITY OF NORTH MIAMI BEACH, FLORIDA, ESTABLISHING A CHARTER REVIEW COMMITTEE, ASSIGNING ITS DUTIES AND DURATION, PROVIDING AUTHORITY FOR EXPENDITURES; PROVIDING FOR PUBLIC MEETINGS; PROVIDING FOR A METHOD OF PROVIDING LEGAL AND STAFF SUPPORT FOR THE COMMITTEE, AND PROVIDING FOR AN EFFECTIVE DATE AND A DATE FOR TERMINATION OF ACTIVITIES. WHEREAS, the City Council of the City of North Miami Beach, Florida, deems it advisable that a study and review of the existing City Charter be conducted. The committee shall make a study of such portions of the city charter as shall be brought to its attention by the council, the city manager, or the city attorney as being ambiguous, unclear or not in the best interests of efficient economical operation of the city, and shall make recommendations for revisions of or amendments to the charter as may appear necessary to assure the people of North Miami Beach that the charter will be responsive to their interests and for the purpose of determining the advisability of amending any part or all of said Charter in accordance with the provisions of controlling legal authority, and WHEREAS, it is appropnate to create a Charter Review Committee for the purpose of review and study of the existing Charter with said Charter Review Committee submitting a written report of its finding and recommendations to the City Council NOW, THEREFORE, BE IT RESOLVED by the City Council of the City of North Miami Beach,Florida SECTION 1 A Charter Review Committee is hereby created, consisting of seven (7) total members to be appointed by the City Council as follows. (a) The Mayor and Council shall each select one responsible and independent member, and (b) The Mayor and Council shall confirm that their appointments are willing to serve. The names of the confirmed appointments shall be furnished to the City Clerk for verification as to qualifications as a U S Citizen and resident of the City and qualification to function as a member of the Charter Review Committee SECTION 2: The Charter Review Committee shall review and study the existing City Charter and possible amendments or revisions thereto and make written recommendations to the City Council as to suggested amendment or revision of the City Charter. The Charter Review Committee shall function as a recommending body to the City Council. SECTION 3: The written findings and recommendations of the Charter Review Committee shall be submitted to the City Council within one hundred and eighty (180) days, with the right to extend if necessary, from the date of the Committee's initial meeting for consideration by the Council. The committee's responsibility shall be deemed completed upon submission of their reco[r}Inepdations , RESOLUTION NO. R2008 -10 SECTION 4: The City Council, upon receipt of the findings and recommendations of the Charter Review Committee, shall review same and determine whether the existing Charter should be amended or revised The City Council may cause to be prepared such Ordinance or Ordinances as it may deem advisable to amend or revise the existing City Charter in the manner as provided by Chapter 166, Flonda Statutes To the maximum extent practicable, the Committee shall conform the proposals of the Committee to such subjects and matters as may be brought to the attention of the Committee by the City Council SECTION 5: The City Manager may from time -to -time exercise his authority to make expenditures for the Charter Review Committee in the performance of its duties as provided in this Resolution SECTION 6: Upon appointment of members to the Charter Review Committee, the City Council shall establish a time, date, and place for the first meeting of the Committee. At the initial organizational meeting, the City Attorney or his designee shall chair the meeting. At the next meeting of the Committee called pursuant to Section 7 hereof, the Committee shall select a Chairperson and Vice Chairperson. The Vice Chairperson shall assume the duties of the Chairperson in the absence of the Chairperson Any vacancy created by the incapacity, resignation or otherwise of a Board member shall be filled at the next regular or special meeting of the City Council upon selection by the original appointing committee member All appointments to the Charter Review Committee shall be recorded by the City Clerk. SECTION 7: The Charter Review Committee shall after its first meeting with a quorum of the full membership schedule and hold an initial advertised public hearing to receive input from the general public concerning the advisability of amending the City Charter. After the Committee has completed its review and is preparing to submit its written recommendation to the City Council, the Committee shall hold a final public hearing to hear and entertain public comment relative to its proposed findings and recommendations. The Committee may modify its findings and recommendations after the second public hearing prior to its submission of written findings and recommendations to the City Council pursuant to Section 10 hereof SECTION 8: All meetings of the Charter Review Committee shall be noticed and open to the public The public shall be encouraged to submit verbal and written comments to the Committee. The Committee shall have minutes of each meeting taken, which minutes shall be promptly recorded with the City Clerk and such records shall be open to public inspection A majonty of the Committee shall constitute a quorum SECTION 9: The City Manager, City Attorney and City Clerk are hereby directed to support the Charter Review Committee in its organization and in considering, formulating and making findings and recommendations SECTION 10: This Resolution shall become effective immediately upon its passage and adoption Upon consideration and acceptance of the findings and recommendations of the Charter Review Committee by the City Council, the Committee shall be deemed disbanded and the Committee's existence shall terminate. APPROVED AND ADOPTED by the City of North Miami Beach City Council at the r regular : assem ' • d t i . day of , 2008 r ilk ' LOMON O l - E, Z / RAY • i D F MARIN CITY CLERK MAYO (CITY SEAL) AP r OVED AS TO F / A. ,/ he e.. / ,A HOWARD B. LENARD 1- CITY ATTORNEY SPONSORED BY. Mayor and City Council RESOLUTION NO. R2008 -10 2 Charter Review Committee - Talgov.com Page 1 of 3 Charter Review Committee Section 134 of the Tallahassee City Charter says that a Charter Review Committee (CRC) will be appointed in the month of January, 2009, for the purpose of reviewing the role, duties, and functions of the mayor and city commissioners. The : z CRC will make recommendations to the city commission for any amendments to the City Charter that the committee deems appropriate and necessary. The committee is required to complete its review process within 60 days of appointment and to prepare a formal written report for the city commission's consideration. The city commission then conducts at least one public hearing on : 4s; 4 the recommendations of the committee. The committee consists of ten electors of the city with each city commissioner and the mayor /commissioner appointing two members. The committee meets pursuant "" �, to bylaws established by the city commission. py The final 2009 CRC Report and Recommendations was accepted by the City Commission on Wednesday, April 22. 2009 Scheduled Meetings - City Hall Tallahassee Room / 12noon - 1:15p • January 26 / Agenda (PDF) / Minutes (PDF) / Audio • February 9 / Agenda (PDF) / Minutes (PDF) / Audio • February 16 / Agenda (PDF) / Minutes (PDF) / Audio • February 23 / Agenda (PDF) / Minutes (PDF) / Audio • March 2 / Agenda (PDF) / Minutes (PDF) / Audio • March 9/ Agenda (PDF) / Minutes (PDF) / Audio • March 16 / Agenda (PDF) / Minutes (PDF) / Audio • April 6 Summary of Action Taken / Audio • April 13 / Audio 2009 Charter Review Committee Mr. Samuel "Buddy" Streit / Chair President /CEO, Boys & Girls Clubs of the Big Bend (850) 656 -8100 / bstreit @aol.com Rev. Alphonso B. Whitaker / Vice - Chair Peacemakers, Inc. (850) 422 -1158 / apostleabw @comcast.net Dr. Henry Lewis FAMU School of Pharmacy (850) 599 -3171 / Henry.Lewis @famu.edu Dr. Carol S. Weissert FSU School of Political Science (850) 644 -1441 / cweissert@fsu.edu Dr. William. D. "Bill" Law, Jr. President, Tallahassee Community College (850) 201 -8660 / lawb @tcc.fl.edu Mr. Sean A. Pittman Attorney - President, Pittman Law Group (850) 216 -1002 / Sean @pittman- law.com http://www.talgov.com/treasurer/crc.cfm 1/5/2011 Charter Review Committee - Talgov.com Page 2 of 3 Ms. Nancy Linnan Attorney, Carlton Fields (850) 513 -3611 / nlinnan @carltonfields.com Mr. David Reid Finance Director -Leon County Clerk of the Court (850) 577 -4021 / dcreid @leoncountyfl.gov Ms. Sheila Costigan Leon County Schools (850) 386 -8502 / costigans @mail.leon.k12.fl.us Mr. J. Everitt Drew Real Estate Investor (850) 385 -5005 / edrew @southgroup.com 2009 Charter Review Committee Staff Contacts Anita Favors Thompson, City Manager 4th Floor, City Hall (850) 891 -8200 (email) Jim English, City Attorney 2nd Floor, City Hall (850) 891 -8554 (email) Gary Herndon, City Treasurer -Clerk 2nd Floor, City Hall (850) 891 -8131 (email) Sam McCall, City Auditor 4th Floor, City Hall (850) 891 -8397 (email) CRC Documents (PDF) • Charter Review Committee Section 134 Bylaws • Commission Duties and Responsibilities • Leadership Mayor Chronology • City Attorney Budget Summary • City Auditor Budget Summary • City Commission and Mayor Budget Summary • City Manager Budget Summary • Treasurer -Clerk Budget Summary Teambuildinq • Table of Contents 2002 City Commission Manual • Presentation on Charters • Form of Government -Top 20 Florida Cities • 2008 Demographics • 2009 Position Summary • Comparison of Municipal Forms of Government • 2009 Charter Review Committee Questions • Capital Region Transportation Planning Agency Regional Transit Study • 2006 Resident Opinion Survey Preliminary Report • 2006 Resident Opinion Crosstabs Document • Mayor /City Commission Description • Aide to the Mayor Job Description • Senior Aide to the Mayor Job Description • City Manager Job Description • Charter Description of City Manager http: / /www.talgov.com/treasurer /crc.cfm 1/5/2011 Charter Review Committee - Talgov.com Page 3 of 3 • Assistant City Manager Job Description • Assistant to the City Manager Job Description • City Manager Budget Responsibilities • City Manager's Office Organizational Chart • Mayor /CC Performance Measures • City of Tallahassee Accomplishments 2008 -2009 • Research Material - Consolidated Internet sources • Airport Management Primer • Strong Mayor Duties • FY09 DMA Operating Budget • City Council and Mayor Comparison • Greater Tallahassee Chamber of Commerce Recommendations • Decision Points • 2003 Charter Review Committee Recommendations • Official List of Special Districts Online • Reduction in Differences in City and County Ordinances /Regulations • Functional City- County Consolidation • Governmental City- County Consolidation • Regional Transportation • Aviation Authority • Utility Authority • Method of Election of City Commissioners • Duties of the Mayor - Form of Government • City Commission Responsibility for Management of Employees • Decision Points and Options • Final CRC Report and Recommendations (April 13, 2009) CRC Communications (PDF) • Salaries of the Mayor and City Commission • Correspondence / Reverend Whitaker • Correspondence / Citizen Gamble CRC 2003 Meeting Minutes (PDF) • November 3, 2003 • November 18, 2003 • December 2, 2003 • December 9, 2003 http: / /www.talgov.com/treasurer /crc.cfm 1/5/2011 Sec. 134. [Charter review committee.] A City of Tallahassee Charter Review Committee shall be appointed in the month of January, 2009, for the purpose of reviewing the role, duties, and functions of the mayor and city commissioners and shall make recommendations to the city commission for any amendments to the City Charter which the committee deems appropriate and necessary. The committee shall complete its review process within 60 days of appointment and shall make a formal written report to the city commission. The city commission shall conduct at least one public hearing on the recommendations of the committee. The committee shall consist of ten electors of the city with each city commissioner and the mayor /commissioner appointing two such members. The committee shall meet pursuant to bylaws established by the city commission. (Ord. No. 04- O -24AA, § 1, 3 -31 -2004) Sec. 135. Reserved. [Repealed by Ord. No. 83 -0 -2141 AA] (Ord. No. 83- 0- 2141AA, § 1, 5 -24 -1983) North Port, FL : Charter Review Advisory Board Page 1 of 1 Charter Review Advisory Board Share & Reviews the City Charter annually and participates in any amendment process, making recommendations to the City Commission. Created by Ordinance No 89 -23 and amended by Ordinance Nos. 92 -03, 92 -07 7 members and 2 alternates. Term: 4 years with opportunity for reappointment Click here to view the City Charter Meets quarterly as needed VACANCIES: 2 Alternates. Liaison City Clerk Helen Raimbeau 429 -7063; Hraimbeau@cityofnorthport.com Board Members: Joe Justice, Chair Jean Detry, Vice -Chair Wendy Namack Jennifer Cohen Bill Gibson Inez Everest -Card Robert S. Taylor Robert K Robinson, Attorney for the Board http:// www .cityofnorthport.com /index.aspx ?page =101 1/5/2011 NOg O t ; ; o m z CV of Norti Port 0 ORDINANCE NO. 89 -23 AN ORDINANCE OF THE CITY OF NORTH PORT, FLORIDA CREATING A CHARTER REVIEW ADVISORY BOARD; PROVIDING FOR THE ESTABLISHMENT OF A CHARTER REVIEW ADVISORY BOARD; PROVIDING FOR THE APPOINTMENT AND TERM OF OFFICE OF THE MEMBERS THEREOF; DEFINING THE POWERS AND DUTIES OF SAID BOARD; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF NORTH PORT, FLORIDA: SECTION 1 - ESTABLISHMENT OF CHARTER REVIEW ADVISORY BOARD: Pursuant to Section 5.06 of the City Charter, the City of North Port Charter Review Advisory Board is hereby created and established. SECTION 2 - MEMBERSHIP: The Charter Review Advisory Board shall consist of five (5) members who are residents of the City of North Port. The members shall be appointed by a majority vote of the Mayor and City Commission. Members shall be appointed for a term of four years, except that in the appointment of the first Board under the provisions of this ordinance, two members shall be appointed for a term of one year, one member for a term of two years, one member for a term of three years and the fifth member for a term of four years, each with eligibility for reappointment. Any vacancy in membership shall be filled for the unexpired term by the Mayor and City Commission, who shall have the authority to remove any appointed member for cause, upon written charges and after a public hearing. All members shall serve without compensation, but may be reimbursed for actual expenses incurred in connection with their official duties. SECTION 3 - OUORUM: Three (3) members of the Charter Review Advisory Board shall constitute a quorum for the transaction of business providing, however, that no action shall be taken which is binding upon said Charter Review Board unless concurred in by not less than a majority of all members comprising the Charter Review Board. ORDINANCE NO. 89 -23 SECTION 4 - ORGANIZATION. RULES. STAFF AND FINANCES: The Charter Review Advisory Board shall elect its Chairman from among its members. The term of the Chairman shall be one year, with eligibility for re- election. The Charter Advisory Review Board shall appoint a Secretary, who may be an employee of the City. The Charter Review Advisory Board shall make its own rules of procedure and determine its time of meeting. All meetings of the Charter Review Advisory Board shall be open to the public and all records of the Charter Review Advisory Board shall be a public record. Any expenditures of the Charter Review Board shall be within the amounts appropriated for that purpose by the Mayor and City Commission in the annual City Budget. SECTION 5 - POWERS AND DUTIES: From and after the time when the Charter Review Advisory Board shall have organized and selected its officers and shall have adopted its rules of procedure, then said Charter Review Advisory Board shall have all the powers, duties and responsibility set forth in Section 10.01 of the City Charter, including the recommendation to the Mayor and City Commission of proposed amendments to the City Charter which would be subject to referendum at the next general election or at a special election called for that purpose. The Charter Review Advisory Board shall also review, at least annually, the City Charter and any self - initiated or suggested changes from the Mayor, Commission or City administration to determine if any proposed Charter amendments should be formulated in writing for submission to the Mayor and City Commission to initiate the referendum process, as described above. SECTION 6 - SEVERABILITY: 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 provisions shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. Page 2 of 3 ORDINANCE NO. 89 -23 SECTION 7 - CONFLICTS: In the event of any conflict between the provisions of this Ordinance and any other ordinance or portions thereof, the provisions of this Ordinance shall prevail to the extent of such conflict. SECTION 8 - EFFECTIVE DATE: This Ordinance shall become effective immediately upon its adoption pursuant to provisions of Section 9.09 of the City Charter. READ IN ITS ENTIRETY in public session this 67.4, day of 9(ov-e uc .64A,.. , 1989. PASSED AND ADOPTED on the second and final reading held in public session this /3/- day of 2&v-e .c, _, 1989. CITY OF NORTH PORT, FLORIDA , 44°---) P OHN P. HIGGI .1, Mayor ATTEST: M1 U WINSLOW Deputy City Clerk Approved as to form and correctness: l DAVID M. LEVIN City Attorney Page 3 of 3 c o f # 0 o � mp (ritU of North Port ORDINANCE NO. 92 -3 AN ORDINANCE OF THE CITY OF NORTH PORT, FLORIDA AMENDING CHAPTER 10, NORTH PORT CODE, RELATING TO THE NORTH PORT CHARTER REVIEW ADVISORY BOARD; PROVIDING FINDINGS; AMENDING SECTION 10 -2, NORTH PORT CODE TO EXPAND MEMBERSHIP IN THE CHARTER REVIEW ADVISORY BOARD TO SEVEN MEMBERS AND ONE ALTERNATE; AMENDING SECTION 10 -2, NORTH PORT CODE TO PROVIDE TERMS FOR THE ADDITIONAL MEMBERS; AMENDING SECTION 10-2(D), NORTH PORT CODE TO MAKE THE MANNER OF REMOVAL OF MEMBERS CONSISTENT WITH PROVISIONS OF THE NORTH PORT CHARTER; AMENDING SECTION 10 -3, NORTH PORT CODE RELATING TO A QUORUM FOR THE TRANSACTION OF BUSINESS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF NORTH PORT, FLORIDA: SECTION 1 - FINDINGS: 1.01 - Pursuant to Section 10 -2, North Port Code, the North Port Charter Review Advisory Board presently consists of five members appointed by a majority vote of the Chairperson and City Commission. 1.02 - In an effort to provide a greater opportunity for citizen input to this important advisory board, the City Commis- sion finds that it is in the best interests of the public to expand membership on said Board. ORDINANCE NO. 92 -3 1.03 - Pursuant to Section 5.05, North Port Charter, members of all advisory boards of the City shall serve "at the pleasure of the Commission." Section 10 -2(D), North Port Code, however, provides that the City Commission may only remove an appointed member of the Charter Review Advisory Board "for cause, upon written charges and after a public hearing." The conflict between the provisions of the North Port Charter and the North Port Code must, as a matter of law, be resolved in favor of the provisions of the North Port Charter. Accordingly, Section 10 -2(D), North Port Code must be amended to be consistent with the provisions of the North Port Charter. SECTION 2 - AMENDMENT OF CHAPTER 10. NORTH PORT CODE: 2.01 - Section 10 -2(A), North Port Code is hereby amended to read as follows [additions are shown as underlined, deletions are shown as strikethroughs): "The Charter Review Advisory Board shall consist of fivc (5) seven (7) members and one (1) alternate who are residents of the City of North Port." 2.02 - Section 10 -2(C), North Port Code is hereby amended to read as follows: "Members shall be appointed for terms of four (4) years, except that in the appointment of the first Board under the provisions of this chapter, two (2) members shall be appointed for terms of one (1) year, one (1) member for a term of two (2) years, one (1) member for a term of three (3) years and the fifth member for a term of four (4) years -T_ The sixth, seventh and alternate members are appointed Page 2 of 4 ORDINANCE NO. 92 -3 for a term of four (4) years. All members shall be eligible for reappointment. eaeh 2.03 - Section 10 -3, North Port Code is hereby amended to read as follows: "Quorum; binding vote. Thrcc (3) Four (4) members of the Charter Review Advisory Board shall constitute a quorum for the transaction of business; provided, however, that no action shall be taken which is binding upon said Charter Review Advisory Board unless concurred in by not less than a majority of all members comprising the Charter Review Advisory Board. The appointed Alternate member may be counted for the purtoses of constituting a auorum for the transaction of business. If the Alternate is required to constitute a quorum at a meeting. the Alternate shall be entitled to vote during that meetina." 2.04 - Section 10 -2(D), North Port Code is hereby amended to read as follows: "Any vacancy in membership shall be filled for the unexpired term by the Mayer Chairperson and City Commission, who shall have the authority to remove any appointed member for hearing consistent with the provisions of the North Port Charter." SECTION 3 - CONFLICTS: 3.01 - In the event of any conflict between the provisions of this Ordinance and any other ordinance or portions thereof, the provisions of this Ordinance shall prevail to the extent of such conflict. SECTION 4 - SEVERABILITY: Page 3 of 4 ORDINANCE NO. 92 -3 4.01 - 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 jurisdic- tion, such provisions shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 5 - EFFECTIVE DATE: 5.01 - This Ordinance shall take effect immediately upon its adoption by the City Commission. Read by title only in public session this /4' day of /Y /NCC , 1992. PASSED AND ADOPTED on the second and final reading in public session this Z3iLce.._ day of auc-4 , 1992. CITY OF NORTH PORT,, FLORIDA OSE' H. R SSELL, Commissioner Chairperson ATT T: I , A s-, ,' ' DORIS J, GGS,/ City Clet T il-/ ved as to form and correctness: r DAVID M. LEVIN, City Attorney Page 4 of 4 L0 OF M .771F714 H ti tr 'TORO O L itU of i'nrtll Port 03 ORDINANCE NO. 92 -17 AN ORDINANCE OF THE CITY OF NORTH PORT, FLORIDA AMENDING CHAPTER 10, NORTH PORT CODE, RELATING TO THE NORTH PORT CHARTER REVIEW ADVISORY BOARD; PROVIDING FINDINGS; PROVIDING FOR THE AMENDMENT OF SECTION 10 -3, NORTH PORT CODE RELATING TO VOTING PRIVILEGES OF THE CHARTER REVIEW ADVISORY BOARD ALTERNATE MEMBER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF NORTH PORT, FLORIDA: SECTION 1 - FINDINGS: 1.01 - Pursuant to Section 10 -3, North Port Code the North Port Charter Review Advisory Board Alternate Member is entitled to vote at a meeting only when counted for the purposes of constituting a quorum for the transaction of business. 1.02 - On July 13, 1992 the Charter Review Advisory Board voted unanimously to request that the City Commission amend Section 10 -3, North Port Code to provide for greater participation by the Alternate Member in decisions of the Charter Review Advisory Board thereby allowing the Alternate Member voting rights in the absence of a Regular Member. ORDINANCE NO. 92 -17 SECTION 2 - AMENDMENT OF CHAPTER 10, NORTH PORT CODE: 2.01 - Section 10 -3, North Port Code is hereby amended to read as follows [additions are shown as underlined, deletions are shown as strikethroughs]: "QUORUM; binding vote. Four (4) members of the Charter Review Advisory Board shall constitute a quorum for the transaction of business; provided, however, that no action shall be taken which is binding upon said Charter Review Advisory Board unless concurred in by not less than a majority of all members comprising the Charter Review Advisory Board. may bc counted for the purpo3c of con3tituting a quorum for thc transaction of buainc33. If thc Altcrnatc io meeting, thc Alternate 3ha11 bc entitled to vote during that meeting. The appointed Alternate Member may in the case of an absence of one of the Regular Members, sit in as a Regular, with voting rights for that meeting." SECTION 3 - CONFLICTS: 3.01 - In the event of any conflict between the provisions of this Ordinance and any other ordinance or portions thereof, the provisions of this Ordinance shall prevail to the extent of such conflict. SECTION 4 - SEVERABILITY: 4.01 - 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 Page 2 of 3 ORDINANCE NO. 92 -17 jurisdiction, such provisions shall be deemed a separate, distinct, and independent provision and such holding shall not affect the validity of the remaining portions hereof. SECTION 5 - EFFECTIVE DATE: 5.01 - This Ordinance shall take effect immediately upon its adoption by the City Commission. Read by title only in public session this /Q day of 1992. PASSED AND ADOPTED on the second and final reading in public session this or A ' day of 1 , 1992. CITY OF NORTH PORT, FLORIDA y , :, "SEP H. RU SELL, Commissioner h airperson DORIS' J. : °IGGS,/ City Cler Approved as to form and correctness: k tr DAVID M. LEVIN, City Attorney Page 3 of 3 City of West Palm Beach, Florida Page 1 of 2 ova f'\ CityConnect F News PalmCast West Palm TV ak « �4 ` I ;rx, Follow us � Search Charter Review Committee rODAy S tqf FliNGS art n P,iolir Pacer, Purpose: The Charter Review Committee will conduct a complete review of the current Today ', 4 00 am Charter for the City of West Palm Beach and make recommendations for changes if deemed PC "-on B ^re`its Task force appiopnatc Today 'a 4 15 r im Description: The most recent Charter Review Committee began meeting on December 20, South D xid Frrcrway 1010 and is made op of nine (9) members vi On . ,�, 0 o' Meeting Schedule' o n^ a^ P ECOnorn c. 1/3,2011 (6 p m 'eve uei i0r1r Kee. nq 1/31, 3011 (5 p m ; TJ0,1y r, S t.J r— 2/14/2011 (6 p m 1/28;1011 (5 p 3/14/2011(6 p m i • Tentative Meeting List 3/28 /2011 (S p m E -mail charter(owpb orq Public Input• The Charter Review Committee requests the public's written input regarding Select a City Service J the cur rent Charter for the City of West Palm Beach All input received will be provided to the Charter Review Committee at its next regularly scheduled meeting Input may be e- marled to charter(clwob orq, via tax to (561) 812 -1375 or in writing to City of West Palm Beach, attn Charter Review ( ormni ftee, Office of the City Attorney, P 0 Box 3366, WPB, FL 33402 Link to Charter: http / /library municode cum /index aspx chentld 100178istateld &stateNarne Florida Meets: Bi Weekly City Staff,1oshua Parente Koehler Contact Telephone: (561) 822 137S Members of the Board: • Guralnick, Brian 0, • Mayans, Steve • McGovern, Michelle Oyola • Moffett, Sylvia ▪ Mohler, Lisa F • Raab, Ira 3 • Rigsby, Hayward a Thompson, Curt • Turney, Dean P o Back to the I ist of Boards Last Updated: January 4, 2010 at 5 09 pm Notice: 11 you wish to submit an update or are seeking additional information, please contact the staff representative listed above Application to Serve on City Boards, Committees & Commissions This application will be utilized In considering individuals for appointment to a City hoard, Committee or (01011'151011 ® Download the application in PDF format it Please return your completed form to Office or the Mayor P 0 Box West Palm Beach, ft 33402 http: / /www. wpb. org /meetings/board_detail.php ?id =3 1/5/2011 City of West Palm Beach, Florida Page 2 of 2 " The application is in PDF (Portable Document Format) and requires Adobe Acrobat Reader to view If you do not have Adobe Acrobat Reader installed on your computer, you can download t for Free Download Adobe Acr ohat �. , s « disclaimer I privacy . contact us RECENT NEWS PROGRAMS & EVENTS ONLINE SERVICES SITE SUPPORT & LEGAL Waterfront Wents City Calendar Bids and Contacts Contact Us 50 -50 Homebuver Community Events Budding Permits FADS WPB GreenMarket Sundav at the Meyer Business Tax Receipt Privacy Policy Virtual Newsroom Clematis by Night Utility Bill Payments Terms of Services WPTI I ibrary West Palrn TV Webcast http: / /www. wpb. org /meetings/board_detail.php ?id =3 1/5/2011 Parkland, FL - Charter Review Board Page 1 of 1 PARKLAND4' g [ +1 I I T s. i I . , .. I WI/COW TC rAtti<tAP t3 CITE t'.NA4„L Y.ltd G "ALL liCEMl: You are here Home > Government > City Advisory Boards > Charter Review Board Search • Charter Review Board IiiMMIECIMENEN More Informal on Abou, (Ay Agendas Advisory Boards View current and archived Charter Review Board Agendas View Most Recent I View All Advisory Board [ xpeclations Advisory Board Membersnrp Advisory Board Members - Appointed Members Charter Pevaew Board • Melaine R Cordover Education Advisory ;'card • Deborah K Hausman Parks and Retreat on Adv spry • Richard Josepher Board • Marilyn B Krantz Pianm05 and Ton nq Ad./ spry • Howard B Nadel Board Porte Penslo^ Board Advisory Board Members - At Large Members ,patrol Magistrate • Ira H Goldman Staff [raisons • Dodie LazowiCk III • Vivian Silbiger, Alternate 1 I • Salvatore P. Conza, Alternate 2 About the Charter Review Board The Charter Review Board consists of nine board members appointed by the City Commission. The Board shall serve for a term of one year provided that the terms may be extended for an additional six months at the sole discretion of the City Commission. This board reviews the City Charter for relevancy, fairness, and efficiency to help ensure the best governmental system possible with the City The Charter Review Board is currently on hiatus and shall be re- appointed by the City Commission in May 2011 and every six years thereafter raRF „r,� r f [r ri[ For more information, please contact the City Clerk's Office at (954) 753 -5040 6600 r, vet, .Y ,)r P, •f.. ri ,1 067 41 Amendment Process , r (0 04; '44; ;, ` ,0'ai 1 [ �,t; t The Charter Review Board determines whether any amendments are needed to the current City Charter. Once an amendment is proposed by the Board, a public hearing about the proposed changes will be established for public input Any recommended or proposed changes are then presented to the City's Commission for authorization. Upon approval a referendum is held where an amendment is presented to the electorate for final adoption Charter Review Forum If you would like to provide comments / input to the Charter Review Board you can do so by sending an email. The Committee welcomes your input, however the process does not require that a reply will be sent. Records Meeting agendas for the City of Parkland Charter Review Board are available on this page when the Board is in session 1 N. 11 . S13 0 [ [ I http:// www. cityofparkland .org /index.aspx ?NID =133 1/5/2011 Form Charter Review Committee - Public Notices - City of Crystal River, FLORIDA Page 1 of 1 Wit g • Public Notices Photo Credits Matt Clemons & Roger Goettelmann Home Form Charter Review Committee City Government About the City The City of Crystal River is accepting applications to form a Charter *City Staff Directory •Waterfronts Advisory Board Review Committee •Public Notices •FAQ Per Section 6.02 of the City's Charter. •History •City Map •Recreation and Water • At least once every four (4) years, the Council shall appoint Access a committee to review the City Charter and to make •Tourism City Living recommendations to the City for the direction of its City Business operations. CityJobs Each of the five (5) members of City Council shall appoint City Calendar CommunityLinks one (1) member to the committee from any registered City Staff Intranet elector of the City of Crystal River, with the consent of at least three (3) other members of the Council. Search • The committee shall be formed on or before March 1 and 1 GO shall make its recommendations to Council within sixty (60) Full Site days of its appointment This Section The Deadline to accept applications is the close of business on Search Tips December 15, 2010 Punter- friendly Version Applications are available on the City's Website. crystalriverfl.org or you may stop in City Hall at 123 NW Highway 19, Crystal River, FL to pick up an application. This is the official web -site of the City of Crystal River, Florida, U S A Home 1 City Government 1 About the City 1 City Living 1 City Business 1 CityJobs 1 City Calendar 1 CommunityLinks 1 City Staff Intranet g http:// www .crystalriverfl.org /index.asp? Type= B_BASIC &SEC= %7B78B8C793 -52A2- 417... 1/5/2011 City Commission Agenda and Minutes August 20, 2002 XII. Legal: 2 nd Reading Agenda Regular City Commission Meeting Boynton Beach, Florida August 20, 2002 F ' F. Ordinance on first reading rescinding LDR Chapter 2, Zoning, Section 11.3. Environmental Review and assodated references to Environmental Review Permit or the Environmental Review Committee (TBA) G. Proposed Resolution No., R02 -G16 regarding authorizing the use of eminent domain to acquire the public right -of way necessary to develop the Boynton Beach Boulevard Promenade and Riverwalk - Tabled on 01/15/02 (Status report on September 17, 2002) X. DEVELOPMENT PLANS: None XL NEW BUSINESS: None XII. LEGAL: A. Ordinances — 2n Reading — PUBLIC HEARING 1. Proposed Ordinance No. 02-029 Re: Amending the Future r ' Land Use Element of the Comprehensive Plan from Local Retail Commerdal (LRC) to High Density Residential (HDR) for Showcase Realty (Kensington Place) (TABLED TO 8/20) 2. Proposed Ordinance No. 02-030 Re: Amending Ordinance 91 -70 to rezone a tract of land from C -2 (Neighborhood Commercial) to PUD (Planned Unit Development) for Showcase Realty (Kensington Place) (TABLED TO 8/20) 3. Proposed Ordinance No. 02 -033 Re: Amending Part II of the Code of Ordinances to provide for duties for the Code Compliance Administrator and amending Part III of the Code of Ordinances to provide for the establishment of the position of City Engineer as the Director of the Engineering Department 4. Proposed Ordinance No. 02 -034 Re: Amending Chapter 18 posed 9 P� 18, Pensions and Retirement, Artide III Munidpal Police Officers' Retirement System, by amending Section 18-167 Powers of the Board, providing for further diversification of investments 5. Proposed Ordinance No. 02 -035 Re: Amending Chapter 2, Administration, Article III, Elections, Section 2-41 Voting Districts to establish a revised redistricting boundary map 7 Agenda Regular City Commission Meeting Boynton Beach, Florida August 20, 2002 6. Proposed Ordinance No. 02-036 Re: Submitting to referendum an amendment to the Charter, at Article I, Section 17, entitled "Composition, Election, Terms, Vacandes," to provide that City Commission candidates shall reside within the district they seek to represent for a period of not lessthan one year prior to filing for office 7. ProposedOr+dinance NO. 02-037 Re: Submitting to referendum an amendment the dharter, Article 1, Section 21, entitled "Authority to Contract; Execution; Attestation. and: Seal," to eliminate the requirement. that the shall execi.rte ail <dty contracts 8. Proposed Ordinance 'No; O2 =038 Re: Submitting to referendum an amendment . to the Charter, at Article IV, entitled "Administration," Section 49,,,entitled "General Provisions," to clarify the authority of the aty Manager' to hire or remove aty .employees without Commission confirmation 9. Proposed Ordinance No 02 -040' Re: Submitting to referendum an amendrner t to the Charter, at Article IV, entitled "Administration;" Section $4, .entitied "Duties, Powers, Privileges of Mayor," to eliminate the authority of the Mayor to bid on behalf of the City at 7udidal sales 10. Proposed Ordinance No. 02-042 Re: Submitting to referendum an amendment to the Charter at Article IV -A, entitled "Merit system for Personnel," and In particular deleting Section 72.3, entitled "Personnel Director" 11. Proposed Ordinance No. 02-043 Re: Submitting to referendum amendments to the Charter at various articles and sections in order to delete obsolete or pre - empted provisions' of the Charter and to consolidate and reorganize existing provisions 12. Proposed Ordinance No. 02 -044 Re: Amending Section 6 -5 of the Code of Ordinances, General Powers of Cemetery Board 13. Proposed Ordinance No. 02 -045 Re: Amending Chapter 26 of the Code of Ordinances 1pertaining to the rates and charges for utility services 14. Proposed Ordinance No. 02-046 Re: Amending Ordinance No. 01 -25, providing for amended qualifying periods and exempting the City from Laws of Florida, Chapter 83 -478 8 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 20, 2002 Motion Commissioner Fisher moved to approve proposed Ordinance No. 02 -030. Commissioner Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 3. Proposed Ordinance No. 02 -033 Re: Amending Part II of the Code of Ordinances to provide for duties for the Code Compliance Administrator and amending Part III of the Code of Ordinances to provide for the establishment of the position of City Engineer as the Director of the Engineering Department City Attorney Cherof read proposed Ordinance No. 02 -033 by title only. Motion Commissioner Fisher moved to approve proposed Ordinance No. 02 -033. Commissioner • McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 4. Proposed Ordinance No. 02 -034 Re: Amending Chapter 18, Pensions and Retirement, Article III Municipal Police Officers' Retirement System, by amending Section 18 -167 Powers of the Board, providing for further diversification of investments City Attorney Cherof read proposed Ordinance No. 02 -034 by title only. Motion Commissioner Fisher moved to approve proposed Ordinance 02 -034. Commissioner McCray seconded the motion that carried unanimously. 5. Proposed Ordinance No. 02 -035 Re: Amending Chapter 2, Administration, Article III, Elections, Section 2 -41 Voting Districts to establish a revised redistricting boundary map City Attomey Cherof read proposed Ordinance No. 02 -035 by title only. Motion Commissioner Fisher moved to approve proposed Ordinance 02 -035. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 6. Proposed Ordinance No. 02 -036 Re: Submitting to referendum an amendment to the Charter, at Article I, Section 17, entitled "Composition, Election, Terms, Vacancies," to provide that City Commission candidates shall reside within the district they seek to represent for a period of not less than one year prior to filing for office City Manager Cherof read proposed Ordinance No. 02 -036 by title only. 32 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 20, 2002 Motion Commissioner Fisher moved to approve proposed Ordinance No. 02 -036. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 3 - Vice Mayor Weiland and Commissioner Ferguson dissenting. 7. Proposed Ordinance No. 02 -037 Re: Submitting to referendum an amendment to the Charter, Article I, Section 21, entitled "Authority to Contract; Execution; Attestation and Seal," to eliminate the requirement that the Mayor shall execute all city contracts City Attorney read proposed Ordinance No. 02 -037 by title only. Motion Commissioner Fisher moved to approve proposed Ordinance No. 02 -037. Commissioner Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 8. Proposed Ordinance No. 02-038 Re: Submitting to referendum an amendment to the Charter, at Article IV, entitled "Administration," Section 49, entitled "General Provisions," to clarify the authority of the City Manager to hire or remove City employees without Commission confirmation City Attorney Cherof read proposed Ordinance No. 02 -038 by title only. Herb Suss, citizen of Boynton Beach, stated he supported the ordinance but wanted to know whether the City Manager had the authority to hire and fire the Assistant City Managers. City Manager Bressner explained that if the revision went through as proposed, Assistant City Managers would be appointed and removed on advice and consent of the Commission. Motion Commissioner Ferguson moved to approve proposed Ordinance No. 02 -038. Commissioner Fisher seconded the motion that carried 4 -1, Vice Mayor Weiland dissenting. 9. Proposed Ordinance No. 02-040 Re: Submitting to referendum an amendment to the Charter, at Article IV, entitled "Administration," Section 54, entitled "Duties, Powers, Privileges of Mayor," to eliminate the authority of the Mayor to bid on behalf of the City at Judicial sales City Attomey Cherof read proposed Ordinance No. 02 -040 by title only. Motion Commissioner Fisher moved to approve proposed Ordinance No. 02 -040. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 33 Meeting Minutes Regular City Commission Meeting Boynton Beach, Florida August 20, 2002 10. Proposed Ordinance No. 02-042 Re: Submitting to referendum an amendment to the Charter at Article IV -A, entitled "Merit system for Personnel," and in particular deleting Section 72.3, entitled "Personnel Director" City Attorney Cherof read proposed Ordinance No. 02 -042 by title only. Motion Commissioner Fisher moved to approve proposed Ordinance No. 02 -042. Commissioner Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 11. Proposed Ordinance No. 02-043 Re: Submitting to referendum amendments to the Charter at various articles and sections in order to delete obsolete or pre - empted provisions of the Charter and to consolidate and reorganize existing provisions City Attorney Cherof read proposed Ordinance No. 02 -043 by title only. Motion Commissioner Fisher moved to approve proposed Ordinance No. 02 -043. Commissioner Ferguson seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 12. Proposed Ordinance No. 02-044 Re: Amending Section 6 -5 of the Code of Ordinances, General Powers of Cemetery Board City Attorney Cherof read proposed Ordinance No. 02 -044 by title only. Motion Commissioner McCray moved to approve proposed Ordinance No. 02-044. Commissioner Fisher seconded the motion. City Clerk Prainito called the roll and the motion carried unanimously. 13. Proposed Ordinance No. 02 -045 Re: Amending Chapter 26 of the Code of Ordinances pertaining to the rates and charges for utility services City Attorney Cherof read proposed Ordinance No. 02 -045 by title only. Mayor Broening called Phillip Robbins who had submitted a card to speak; however, he was not present. He called Herb Suss who had also submitted a card but Mr. Suss passed. Motion Commissioner Fisher moved to approve proposed Ordinance No. 02 -045. Commissioner McCray seconded the motion. City Clerk Prainito called the roll and the motion carried 4 -1, Vice Mayor Weiland dissenting. 34 In 2002, six of eight issues were placed on the ballot by City Commission action at their meetings in August 2002. 1. City Commission candidates must reside in the district they seek to represent for a period of not less than one year prior to filing for office. Passed by the City Commission on August 6, 2002 on a 3 -1 vote. Passed by the City Commission on August 20, 2002 for second and final read by a 3 -2 vote. Placed on the ballot for November 2002. Passed at referendum November 2002 12,334 Yes to 1,779 No. 2. Eliminated the requirement that the Mayor executed contracts. Passed by the City Commission on August 6, 2002 on a 4 -0 vote. Passed by the City Commission on August 20, 2002 for second and final read by a 5 -0 vote. Placed on the ballot for November 2002. Passed at referendum November 2002 8,671 Yes to 5, 100 No. 3. Clarified the authority of the City Manager to hire and fire City Employees without City Commission confirmation (The exception was the Assistant City Manager). Passed by the City Commission on August 6, 2002 on a 4 -0 vote. Passed by the City Commission on August 20, 2002 for second and final read by a 4 -1 vote. Placed on the ballot for November 2002. Passed at referendum November 2002 8,128 Yes to 5,629 No. 4. Added a provision that modified term limits to allow a Mayor to seek a Commission seat and a Commissioner to seek the Mayor's seat. — The City Commission denied the approval of this ordinance on first reading on August 6, 2002 on a 4 -0 vote. Therefore this item did not get placed on the ballot for November 2002. 5. Eliminated the authority of the Mayor to bid on behalf of the City at judicial sales. Passed by the City Commission on August 6, 2002 on a 4 -0 vote. Passed by the City Commission on August 20, 2002 for second and final read by a 5 -0 vote. Placed on the ballot for November 2002. Passed at referendum November 2002 8,821 Yes to 4,735 No. 6. Eliminated provisions of the Charter to govern compensation of the Mayor and Commission. The City Commission denied the approval of this ordinance on first reading on August 6, 2002 on a 3 -1 vote. Therefore this item did not get placed on the ballot for November 2002. 7. Deleted language in the Charter pertaining to Personnel Director. Passed by the City Commission on August 6, 2002 on a 4 -0 vote. . Passed by the City Commission on August 20, 2002 for second and final read by a 5 -0 vote. Placed on the ballot for November 2002. Passed at referendum November 2002 10,006 Yes to 3,200 No. 8. Elimination of obsolete and pre - empted sections of the Charter. Passed by the City Commission on August 6, 2002 on a 4 -0 vote.. Passed by the City Commission on August 20, 2002 for second and final read by a 5 -0 vote. Placed on the ballot for November 2002. Passed at referendum November 2002 10,627 Yes to 2,504 No. XII. LEGAL ° ITEM A.6 CITY OF BOYNTON BEAC AGENDA ITEM REQUEST PL.... O Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Citv Clerk's Office August 6, 2002 f July 17. 2002 (5.00 p.m.) ❑ October 1, 2002 September 16, 2002 (Noon) 151. August 20,,2002 D3 0 August 5, 2002 (Noon) ❑ October 15, 2002 September 30, 2002 (Noon) ❑ September 3, 200' August 19, 2002 (Noon) ❑ November 6, 2002 October 14, 2002 (Noon) ❑ September 17, 2002 September 3, 2002 (8,00 a.m) ' ❑ November 19, 2002 November 5, 2002 (Noon) ❑ Adnunisstrative ❑ Development Plans NATURE OF ❑ Consent Agenda ❑ New Business AGENDA ITEM ❑ Public Hearing ® Legal ❑ Bids ❑ Unfinished Business ❑ Announcement ❑ Presentation ❑ City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, at Article I, Section 17, entitled "Composition, Election, Terins, Vacancies ". EXPLANATION: The Charter does not currently require a candidate for a district commission seat to reside in the district from which he/she seeks election prior to election day. A "yes" vote to the proposed amendment would required that a candidate for a district commission seat reside in the district to which he /she seeks election one year prior to the filing for office. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. Department Head's Signature • I ty r, ' _ 's ignature • City Attorney's Office Ji Department Name City •f ' ey / Finance / Human Resources S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC II ORDINANCE NO. 02- 0 3 �o AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE I, SECTION 17, ENTITLED "COMPOSITION, ELECTION, TERMS, VACANCIES." TO PROVIDE THAT CITY COMMISSION CANDIDATES SHALL RESIDE WITHIN THE DISTRICT THEY SEEK TO REPRESENT FOR A PERIOD OF NOT LESS THAN ONE YEAR PRIOR TO FILING FOR OFFICE; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, AT THE NOVEMBER 2002 ELECTION AND IT SHOULD BECOME • EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS; SEVERABILITY; INCLUSION IN THE CHARTER; AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of Charter amendments in Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an . endment may be submitted to a referendum vote by the City Commission of the City of 1: oynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article I, Section 17 - titled "Composition, election, terms, vacancies," of the City Charter, and NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF HE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1, The foregoing "WHEREAS" clauses are hereby ratified and confirmed being true and correct and are hereby made a specific part of this Ordinance upon adoption ereof Spctinn 2, Article I, Section 17, entitled "Composition, election, terms, vacancies ", ubsection (a) of the Charter of the City of Boynton Beach is hereby amended to read as Sec. 17. Composition, election, terms, vacancies. (b) There shall be a City Commission of four (4) members elected from each of the four (4) election districts within the City. Each Commission Member and. L.audidak Cvnunibbitni M !uIn.1 fium said d ctivn di,trlit shall reside in the election district from which said Commission Member is elected. A candidate fnr a Commission district seat must reside, for a period of not less than one (1) year prior to filing for election, in the district from which the candidate seeks election Voters shall vote for only one (1) candidate in each election district in which the voter resides. $Petinn 3. The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title ONE YEAR RESIDENCY REQUIREMENT WITHIN DISTRICT FOR COMMISSION CANDIDATES PRIOR TO FILING FOR DISTRICT OFFICE Explanatory Statement The Charter does not currently require a candidate for a district commission seat to reside in the district from which he/she seeks election prior to election day. A "yes" vote to the proposed amendment would require that a candidate for a district commission seat reside in the district to which he/she seeks election one year prior to filing for office. YES D NO 0 Section 4. AdvPrticement, The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein all in accordance with the State of Florida Election Code. SPetinn 5. Codification. It is the intention of the City Commission of the City of oynton Beach that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City elections. Section 6, Severihility_ If any clause, section, or other part of this Ordinance hall be held by any court of competent jurisdiction to be unconstitutional or invalid, such I Section R, Fffertive hate of Ordinance, This Ordinance shall take effect immediately upon its adoption. ,Sertinn 9, Effective Date of Proposed ['barter Amendments. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the November 2002 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF CITY OF TY41: FLORIDA, ON THE FIRST READING, THIS DAY OF .�, 2002. SECOND, FINAL READING AND PASSAGE this ego DAY OF u3'f , 2002. 3 CITY OF BOYNTON BEACH, FLORIDA m yor / r Vic - , • •r ■'<..■ • mmissioner Co issioner L- - ? Commissioner ATTEST: ty v t�1TOiye1 /'i 4 Ci 7� .VO6D'©> RARA 1$l.BB\ORIACharter Amendments -Sec 17 Composition, Election, Term, Vacancies.doc Ei V �0.r y ' �� F 0 � a \\`\` `` XII. - LEGAL CITY OF BOYNTON BEACH ITEM A.7 AGENDA ITEM REQUEST FOR rr TON "" Requested City Commission Date Final Form Must be Turned Requested City Cotivrussron Date Final Form Must be Turned Meeting Dates m to City Clerk's Office MCenna Dates in to City Clerk's Office August 6, 2002 July 17, 2002 (5.00 p m) ❑ October 1, 2002 September 16, 2002 (Noon) $. August 20, 2002 t9" August 5, 2002 (Noon) ❑ October 15, 2002 September 30, 2002 (Noon) ❑ September 3, 2002 August 19, 2002 (Noon) ❑ November 6, 2002 October 14, 2002 (Noon) ❑ September 17, 2002 September 3, 2002 (8 00 a m) ❑ November 19, 2002 November 5, 2002 (Noon) ❑ Administrative ❑ Development Plans NATURE OF ❑ Consent Agenda ❑ New Business AGENDA ITEM 0 Public Hearing IS Legal ❑ Bids ❑ Unfinished Business ❑ Announcement ❑ Presentation ❑ City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, Article 1, Section 21, entitled "Authority to Contract Execution; Attestation and Seal ". EXPLANATION: A vote of "yes" would approve deleting a portion of Section 21 of the City Charter which now requires that the Mayor sign all City contracts. If the requirement is deleted, all contracts would be signed by the City Manager as chief executive officer of the City. This amendment would not effect the current charter provision that requires Commission approval of contracts, PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. I _ _ , .a Department Head's,Signature • 1 i !CT's Si •. tore City Attorney's Office 411.1atkuld Department Name City Att. / Finance / Human Resources S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM.DOC r ORDINANCE NO. 02- 03 7 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE I, SECTION 21, ENTITLED "AUTHORITY TO CONTRACT; EXECUTION; ATTESTATION AND SEAL", TO ELIMINATE THE REQUIREMENT THAT THE MAYOR SHALL EXECUTE ALL CITY CONTRACTS; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, AT THE NOVEMBER 2002 ELECTION AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS; SEVERABILITY; INCLUSION IN THE CHARTER; AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of Charter amendments in Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article I, Section 21 entitled "Authority to contract; execution; attestation and seal." of the City Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: ,Seetinn 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2 Article I, Section 21, entitled "Authority to contract; execution; attestation and seal." of the Charter of the City of Boynton Beach is hereby deleted in its entirety as follows: Page 1 of 3 LAP:p August 12, 2002 ' 1 • '11 •1 1 I , _ 1 1 , 1 1 The hall have the power to enter into contracts on behalf of the City, and when so entered into, the same shall be ex, ,LLtai b th Ma anti attested by the City Clerk with the seal of the City thereunto affixed. Section 1, The ballot title and the explanatory statement of the amendment, followed by the word "yes° and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title DELETING CHARTER PROVISION THAT REQUIRES MAYOR TO EXECUTE ALL CITY CONTRACTS. Explanatory Statement A vote of "yes" would approve deleting a portion of Section 21 of the City Charter which now requires that the Mayor sign all City contracts. If the requirement is deleted, all contracts would be signed by the City Manager as chief executive officer of the City. This amendment would not affect the current charter provision that requires Commission approval of contracts. YES 0 NO Section 4, Advertisement The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein all in accordance with the State of Florida Election Code. Section 5, Cndific2tinn, It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City elections. Page 2 of 3 LAP)a August 19, 2002 i Section 6, Sewn-ability. 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 in no way effecting the validity of the other provisions of this Ordinance. Section 7, Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section R. Effective Date of Ordinanee This Ordinance shall take effect immediately upon its adoption. Section 9, Effective Date of Proposed Charter Amendment`, The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the November 2002 election in the City of Boynton Beach. . PASSED AND ADOPTED BY THE CITY COMMISSION OFT CITY OF ; OYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS ..- DAY OF Ai. , , - 2002. 1 SECOND, FINAL READING AND PASSAGE this A DAY OF Ai,nuST , 2002. J CITY OF BOYNTON BEACH, FLORIDA i ... 4 r._._._:____.__ / 1 )or ,041= Vice Ma o mmissioner ----_ co 'ssioner 7-evo&--1.--- Commissioner , ATTEST: ,,�. I1/1 l��ut/11.t.� City � Y N Tp / / V RA UID 82.BB\ORDICharter Amendments -Sec 21 Authonty to Contract doc O•�� Raj., p t • '' _ 1920 , Page 3 of 3 LAP 1:17,.. '- ...... ••'. � August Car OOS; r, rt+I' P XII. - LEGAL \ \• n - CITY OF BOYNTON BEACI ITEM A.8 ■ AGENDA ITEM REQUEST FOkivi A, 0 N '3 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meenna Dates in to City Clerk's Office Meenna Dates in to City Clerk's Office j August 6, 2002 July 17, 2002 (5 00 p m) ❑ October 1, 2002 September 16, 2002 (Noon) 1E0 August 20, 2002 d- August 5, 2002 (Noon) ❑ October 15, 2002 September 30, 2002 (Noon) ❑ September 3, 2002 August 19, 2002 (Noon) ❑ November 6, 2002 October 14, 2002 (Noon) ❑ September 17, 2002 September 3, 2002 (8 00 a m) ❑ November 19, 2002 November 5, 2002 (Noon) ❑ Administrative ❑ Development Plans NATURE OF ❑ Consent Agenda ❑ New Business AGENDA ITEM ❑ Public Hearing ® Legal ❑ Bids ❑ 'Unfinished Business ❑ Announcement ❑ Presentation ❑ City Manager's Report RECOMMENDATION: Approval of Ordinance subnntting to referendum an amendment to the Charter, at Article IV, Section 49, entitled "General Provisions ", to clarify the authority of the City Manager to hire or remove City employees without Commission confirmation. EXPLANATION: A vote of `fires" would approve an amendment to the city Charter which clarifies that the City Manager, as chief executive officer of the City has the authority to hire, appoint, and discharge all City employees, without the need for Commission confirmation. The only exception would be the appointment or discharge of Assistant City Managers, which appointment or discharge shall require Commission confirmation. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. 1 , i ' Department Head's Signature ger's Sty. • true City Attorney's Office Department Name V ity Atto .7 Finance / Human Resources S \BULLETIMFORMS\AGENDA ITEM REQUEST FORM DOC nir. ,nr - r, - _ _ - r sr r rn n� r.r., -. ,n �.ry•. n „oir —w. -r .a+ ..nr c ..rr+aar -r -r-, -.. �. r. t - -__ r i I ORDINANCE NO. 02- 0 3 d AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE IV, ENTITLED "ADMINISTRATION" AND IN PARTICULAR AMENDING SECTION 49 ENTITLED "GENERAL PROVISIONS. ", TO CLARIFY THE AUTHORITY OF THE CITY MANAGER TO HIRE OR REMOVE CITY EMPLOYEES WITHOUT COMMISSION CONFIRMATION; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, AT THE NOVEMBER 2002 ELECTION AND IT SHOULD BECOME . EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS; SEVERABILITY; INCLUSION IN THE CHARTER; AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of Charter amendments in Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article IV, entitled "Administration" Section 49 entitled "General provisions." of the City Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1, The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Article IV, entitled "Administration" Subsection (a) of Section 49 entitled "General provisions." of the Charter of the City of Boynton beach is hereby amended to read as follows: Page 1 of 3 t.AP.ja August 12, 2002 ARTICLE IV. ADMINISTRATION Sec. 49. General provisions. (a) Administrative officers, departments and agencies. The government of the City shall be carried on by the Mayor and City Commission. They shall appoint a City Manager, who shall serve as the City's chief executive officer and City Attorney, who both shall serve at the pleasure of the City Commission. There shall also be such other uff ci.b, departments and agencies as may be established from time to time by ordinance l p.Lfu„ Judi duties and auch wuIputtautiun as may be prescribed by ivJulutiuu ordinance adopted by the City Commission. All ut1.i uffcvlb employees of the City shall be hired, appointed and discharged by the City Manager, with only the appointment or discharg of Assistant City Manajrs subject to confirmation by the City Commission. Sectinn 1. The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title CLARIFICATION OF THE CITY MANAGER'S AUTHORITY TO APPOINT OR HIRE CITY EMPLOYEES. Explanatory Statement A vote of "yes" would approve an amendment to the City Charter which clarifies that the City Manager, as chief executive officer of the City has the authority to hire, appoint, and discharge all City employees, without the need for Commission confirmation. The only exception would be the appointment or discharge of Assistant City Managers, which appointment or discharge shall require Commission confirmation. YES 0 NO 0 Section 4, Advertisement The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein all in accordance with the State of Florida Election Code. Section 5, Cndifieitinn, It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City elections. Page 2 of 3 LAPja August 12, 2002 Seetinn { $everahitity. 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 in no way effecting the validity of the other provisions of this Ordinance. Seri 7, Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section R, Effective ]late of Ordinance, This Ordinance shall take effect immediately upon its adoption. Section 11, Effective slate of Proposed Charter Amendments. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the November 2002 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF TIjE CITY OF OYNT N BEACH, FLORIDA, ON THE FIRST READING, THIS 6, DAY OF us f , 2002. SECOND, FINAL READING AND PASSAGE this 01.0 DAY OF �u,ST , 2002. J CITY 0 .B0 • B ' ACH, FLORIDA d l I M • or Vice Mayor - - -----� >ssioaer mmissioner AP Commissioner ATTEST: C z 1 , ` � O N QF � �� i 'i S. u. :o \Vika UJBRA \9002 BB \ORD\Charter Amendments -SPA a9Admmistration.doc 1 •:::. 7 J `J . FFF ,r LAP ;e Page 3 of 3 August 12, ittllo0 ,ry Q � XII. - LEGAL 7 CITY OF BOYNTON BEAC} ITEM A.9 ? _ AGENDA ITEM REQUEST FOKivi y J,, r o[4 Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to Ctty Clerk's Office August 6, 2002 July 17, 2002 (5.00 p m.) ❑ October 1, 2002 September 16, 2002 (Noon) August 20, 2002 August 5, 2002 (Noon) 0 October 15, 2002 September 30, 2002 (Noon) ❑ September 3, 2002 August 19, 2002 (Noon) El November 6, 2002 October 14, 2002 (Noon) ❑ September 17, 2002 September 3, 2002 (8.00 a.m) ❑ November 19, 2002 November 5, 2002 (Noon) ❑ Administrative ❑ Development Plans NATURE OF ❑ Consent Agenda 0 New Business AGENDA ITEM ❑ Public Hearing ® Legal ❑ Bids ❑ Unfinished Business • ❑ Announcement ❑ Presentation • City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, Article IV, entitled "Administration ", Section 54, entitled "Duties, Powers, Privileges of Mayor ", to eliminate the authority of the Mayor to bid on behalf of the City at Judicial sales. EXPLANATION: The Charter currently requires that the Mayor bid on behalf of the city at judicial sales. A "yes" vote on the proposed amendment would eliminate this requirement that the Mayor bid for the City. Thereafter, the City Manager, the City Attorney, or their designees could bid on behalf of the City at judicial sales. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. _ Department Head's Signature . / I ity4ana s Signature City Attorney's Office ilf. 144 Department Name ' 111F ity Att' ° ey / Finance / Human Resources S \BULLETINWORMS\AGENDA ITEM REQUEST FORM DOC rr ORDINANCE NO. 02- 6 '/0 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE IV, ENTITLED "ADMINISTRATION ", SECTION 54, ENTITLED "DUTIES, POWERS, PRIVILEGES OF MAYOR." TO ELIMINATE THE AUTHORITY OF THE MAYOR TO BID ON BEHALF OF THE CITY AT JUDICIAL SALES; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, AT THE NOVEMBER 2002 ELECTION AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS; SEVERABILITY; INCLUSION IN THE CHARTER; AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of Charter amendments in Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article IV, entitled "Administration, Section 54, entitled "Duties, powers, privileges of Mayor." of the City Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: Section 1, The foregoing "WHEREAS" clauses are hereby ratified and onfirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Article IV entitled "Administration ", Section 54, entitled "Duties, •owers, privileges of Mayor." of the Charter of the City of Boynton Beach is hereby amended to read as follows: Sec. 54. Duties, powers, privileges of Mayor. The Mayor shall preside at all meetings of the City Commission and erform such other duties consistent with his office as may be imposed by the City Commission, and he shall have a voice and a vote in the proceedings of the City Page 1 of 3 • •ja my 19, 2002 1990 \900182.BB\ORD\Charter Amendments — Sec. 54 Duties, Powers, privileges of Mayor doc 11 Commission, but no veto power. He may use the title of Mayor when executing legal instruments of writing or when required by necessity, arising from the General Laws of the State, but this shall not be considered as conferring upon him the administrative or judicial functions of a Mayor under the General Laws of the State. He shall be considered as the official head of the City for ceremonial purposes, and he shall be so recognized by the courts for the purpose of serving civil processes, and by the Government in the exercise of military law. In the absence or disqualification of the Mayor, the other members of the City Council shall select one of their members to perform his duties. This selection shall be made in accordance with the provisions of section 19 section 531 for the election of a Mayor. The Mayor shall ha, v.. tlic puwt,t tv bid in all pup tty ff1 tl►v City, at ally attdl all , .� . . . • ,, ._ . • ign all deeds, bonds or other instruments of writing to which the City is a party, when authorized so to do by the City Section 3, The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title DELETE REQUIREMENT THAT MAYOR BID ON BEHALF OF CITY AT JUDICIAL SALES. Explanatory Statement The Charter currently requires that the Mayor bid on behalf of the City at judicial sales. A "yes" vote on the proposed amendment would eliminate this requirement that the Mayor bid for the City. Thereafter, the City Manager, the City Attomey, or their designees could bid on behalf of the City at judicial sales. YES 0 NO O ,Sertinn 4, Advertisement The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein all in accordance with the State of Florida Election Code. Seetinn 5, Codification, It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City elections. Page 2 of 3 LAP•Ja July 22, 2002 1990\9001 82.BB\ORD\Charter Amendments — Sec. 54 Dunes, Powers, pnvileges of Mayor.doc 1 i Sectk i 6. Severahility. 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 in no way effecting the validity of the other provisions of this Ordinance. Section 7, Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section $ Effective Date of Ordinance, This Ordinance shall take effect immediately upon its adoption. Secting9 Effective Date of Proposed Charier Amendments. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the November 2002 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OF TEJ.E OF YNTON BEACH, FLORIDA, ON THE FIRST READING, THIS DAY OF 2002. SECOND, FINAL READING AND PASSAGE this ao DAY OF Aw usr , 2002. J CITY Off/ : OYNT 2 N :EACH, FLORIDA yo 4101°- Vice Mayor 5r- • s •ner 'ssioner r Commissioner ATTEST: • Y N T0 N r �� i �4 City C<I4s0 �o�r es 1 920 = Page 3 of 3 July 19, 1990\9001 y�1'A+mendments — Sec 54 Duties, Powers, pnvileges of Mayor.doc XII. - LEGAL ITEM A.10 CITY OF BOYNTON BEACE AGENDA ITEM REQUEST FOIti.1 O N. Requested City Commission Date Final Forth Must be Turned Requested City Commission Date Final Forth Must be Turned Meettna Dates in to Ctty Clerk's Office Meeting Dates in to City Clerk's OfficF August 6, 2002 July 17, 2002 (5 p.m.) ❑ October 1, 2002 September 16, 2002 (Noon) October 15, 2002 September 30, 2002 ooh [�- August 20, 2002 August 5, 2002 (Noon) ❑ ep (Noon) ❑ September 3, 2002 August 19, 2002 (Noon) ❑ November 6, 2002 October 14, 2002 (Noon) ❑ September 17, 2002 September 3, 2002 (8 00 a m.) ❑ November 19, 2002 November 5, 2002 (Noon) ❑ Administrative ❑ Development Plans NATURE OF ❑ Consent Agenda ❑ New Business AGENDA ITEM ❑ Public Hearing ® Legal O Bids ❑ Unfinished Business ❑ Announcement 0 Presentation ❑ City- Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum an amendment to the Charter, Article IV-A, entitled "Merit System for Personnel ", and in particular deleting Section 72.3, entitled "Personnel Director". EXPLANATION: The Charter currently provides that the personnel director is a position appointed by the Commission. The duties of the personnel director which are set forth in the Charter are now primarily handled by the Hunan Resource Director, a position subject to appointment by the City Manager. a "yes" vote on this proposed amendment would remove obsolete language from the Charter and confirm the authonty of the City Manager to appoint a Human Resource Director to oversee the duties formerly assigned to the personnel director. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A }� ALTERNAT IVES: Leave Charter section as is. Department Head's Signature 4 Manag 's 1 _" . City Attorney's Office AA..-1.414 tY Y Department Name ' ity Atto 7'y / Finance / Human Resources S \BULLETIN\FORMS\AGENDA ITEM REQUEST FORM DOC ORDINANCE NO. 02- 0 1 102. AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT ARTICLE IV -A., ENTITLED "MERIT SYSTEM FOR PERSONNEL" AND IN PARTICULAR DELETING SECTION 723 ENTITLED "PERSONNEL DIRECTOR. ", TO REMOVE THE CHARTER PROVISIONS RELATING TO ESTABLISHING THE POSITION OF PERSONNEL DIRECTOR; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, AT THE NOVEMBER 2002 ELECTION AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS; SEVERABILITY; INCLUSION IN THE CHARTER; AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a ethodology of Charter amendments in Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of 1: oynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended modifications to Article W -A. titled "Merit System for Personnel ", Section 72.3 entitled "Personnel Director." of the ity Charter; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF 1 CITY OF BOYNTON BEACH, FLORIDA, THAT: , Section 1. The foregoing "WHEREAS" clauses are hereby ratified and onfirmed as being true and correct and are hereby made a specific part of this Ordinance pon adoption hereof. Sectinn 2_ Article IV -A., entitled "Merit System for Personnel ", Section 72.3 ntitled "Personnel Director." of the Charter of the City of Boynton Beach is hereby eleted in its entirety. Page 1 of 3 . � a my 19, 2002 T 1 Sertinn 3, The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: Title REMOVE ESTABLISHMENT OF THE POSITION OF PERSONNEL DIRECTOR BY CITY CHARTER. Explanatory Statement The Charter currently provides that the personnel director is a position appointed by the Commission. The duties of the personnel director which are set forth in the Charter are now primarily handled by the Human Resource Director, a position subject to appointment by the City Manager. A "yes" vote on this proposed amendment would remove obsolete language from the Charter and confirm the authority of the City Manager to appoint a Human Resource Director to oversee the duties formerly assigned to the personnel director. YES ❑ NO Section 4, Advertisement The City Clerk of the City of Boynton Beach is hereby authorized and directed to advertise the referendum election contemplated herein all in accordance with the State of Florida Election Code. Section 5. Codification, It is the intention of the City Commission of the City of Boynton Beach that the provisions of this Ordinance shall become and be made a part of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City elections. Section 6, Severahiiity. 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 in no way effecting the validity of the other provisions of this Ordinance. Section 7, Conflicts. All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section R, Fffective Date of Ordinance,. This Ordinance shall take effect immediately upon its adoption. Section 9, Effective Date of Proposed Charter Amendments, The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those Page 2 of 3 LAP•ja July 19, 2002 I 1 electors voting in the November 2002 election in the City of Boynton Beach. 'PASSED AND ADOPTED BY THE CITY COMMISSION OF THESITY OF e YNTO BEACH, FLORIDA, ON THE FIRST READING, THIS G DAY OF : _ y 2002. 4 1 SECOND, FINAL READING AND PASSAGE this a 0 DAY OF Pr u3t:L , 2002. CITY OF ii EA IP , FLORIDA / 4 Ma Vice Mayor ssioner — Commissionerr 2,4".4.....„ I C�C t' Commissioner ATTEST: ell __, _ h. A b l 1,40 if U / / /// `. O Q rGO�pogq' .e \UG�� F /BRARYN1 .BB\ORD\Charter Amendments 72.3 - Personnel Director.doc 19 PLOWS P ��' � � / /// 1 1111111 \ 1 \ \\��\` Page 3 of 3 LAP:ja July 19, 2002 XII. - LEGAL CITY OF BOYNTON BEACI ITEM A.11 lr AGENDA ITEM REQUEST FO,<. Requested City Commission Date Final Form Must be Turned Requested City Commission Date Final Form Must be Turned Meeting Dates in to City Clerk's Office Meeting Dates in to City Clerk's Office August 6, 2002 July 17, 2002 (5.00 p.m) ❑ October 1, 2002 September 16, 2002 (Noon) August 20, 2002 - August 5, 2002 (Noon) ❑ October 15, 2002 September 30, 2002 (Noon) ❑ September 3, 2002 August 19, 2002 (Noon) ❑ November 6, 2002 October 14, 2002 (Noon) ❑ September 17, 2002 September 3, 2002 (8 00 a m.) ❑ November 19, 2002 November 5, 2002 (Noon) ❑ Administrative ❑ Development Plans NATURE OF ❑ Consent Agenda ❑ New Business AGENDA ITEM ❑ Public Hearng ® Legal ❑ Bids ❑ Unfinished Business ❑ Announcement ❑ Presentation ❑ City Manager's Report RECOMMENDATION: Approval of Ordinance submitting to referendum various Articles and Sections in order to delete obsolete or pre - empted provisions of the Charter and to consolidate and reorganize existing provisions. EXPLANATION: The Charter currently contains provisions which are obsolete or which have been preempted by state law. Other sections of the Charter would be more easily understood if amended or consolidated with other sections dealing with the same subject. A "yes" vote to the proposed amendment would delete obsolete provisions and consolidate and renumber other provisions. PROGRAM IMPACT: N/A FISCAL IMPACT: N/A ALTERNATIVES: Leave Charter section as is. (k 7 2 Y • Department Head's Signature . '. * ger's Si 1 City Attorney's Office (� Department Name V ity Att. - / Finance / Human Resources S \BULLETIN\FORMSWGENDA ITEM REQUEST FORM DOC 1 1 ORDINANCE NO. 02- 0 7 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO REFERENDUM AMENDMENTS TO THE CHARTER OF THE CITY OF BOYNTON BEACH AT VARIOUS ARTICLES AND SECTIONS IN ORDER TO DELETE OBSOLETE OR PRE - EMPTED PROVISIONS OF THE CHARTER AND TO CONSOLIDATE AND REORGANIZE EXISTING PROVISIONS; PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE WITH THE STATE OF FLORIDA ELECTION CODES; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY OF BOYNTON BEACH, AT THE NOVEMBER 2002 ELECTION AND IT SHOULD BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS; SEVERABILITY; INCLUSION IN THE CHARTER; AND AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of Charter amendments in Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Boynton Beach, Florida, in an ordinance format; and WHEREAS, the Commission has recommended the deletion of pre- empted or obsolete Charter provisions and the consolidation and reorganization of existing provisions of the City Charter, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF BOYNTON BEACH, FLORIDA, THAT: $ rtinn 1, The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. The following Charter Sections are hereby deleted in their entirety: Section 6A, 12, 16, 19, 20, 20.1, 23, 27, 31, 32, 35, 37, 52, 56, 62, 66, 68, 72, 72.1, 72.9, 72.10, 72.11, 72.13, 73, 74, 75, 76, 77, and 84. , Sectonn 1 The Charter is hereby amended to read as follows: Page 1 of 5 LAPJa July 19, 2002 • Sec. 17. Composition, election, terms, vacancies. (a) In order to qualify for the office of Mayor, a candidate must he a qualified Plectnr of the City of Rnyntnn Reach anti have resided within the City for a period of not less than one (1) year prior to filing for office, and who shall have attained the net of twenty -one (7 1) year on of before the date the candidate files and qualifies for office. The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city-wide vote. (b) There shall be a City Commission of four (4) members elected from each of the four (4) election districts within the City and a Mayor who is elected by a City - wide vote Each City Commissioner M aiiLc, candidates for City Commissioner Mc„ibct-from said election district shall reside in the election district from which said City Commissioner Mctttber is elected. Voters shall vote for only one (1) candidate in each election district in which the voter resides and one (1) candidate. for Mayor (c) Qualifications for city Commissioners Mcwba,. Only qualified electors who have resided in the City of Boynton beach for at least one (1) year immediately prior to the election and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies as a candidate for office shall be eligible to hold the office of City Commissioner. Each Commission member and candidates for Commission Member shall be elected from the election district in which he resides -, subject to the 35% rule and runoff procedures set forth in Section 139 of the City Charter. Once elected, a Commission Member from an election district shall remain a resident of the election district and the City of Boynton Beach during his term of office or shall forfeit his/her office. (d) The failure of a City Commissioner mentbc, to continue to reside within the district from which elected, or the Mayor within the City,_shall cause said City Commissioner luc,i1Lc, or Mayor to automatically forfeit his/her office. The tender of a resignation from any elective office shall immediately create a vacancy in that office. Upon automatic forfeiture or the tender of any resignation, the remaining members of the City Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise provided, so long as the individual selected to fill the vacancy has resided in the same district from which the original Commissioner resided for a period of not less than one (1) year. Buy,itvti Bcault utay tcaide ill auy uftl,. fuut (4) cic‘,tiuu Jibtiit,ta dud will luted u,► 4 City - W ide vute. (e) Any member of the City Commission who ceases to possess the qualifications which are required by this Charter or is otherwise removed from office by lawful means, shall forfeit office, and it shall he the ditty of the remaining members of the City Commission to declare the office vacant and proceed to fill the vacancy as herein otherwise pmvided, (f)- f e) Commencing with the regular City election in March 2001, candidates for City Commissioner shall file with the City Clerk a written notice of candidacy, which notice shall designate which of the four (4) Commission districts of the City Commission the candidates decide to fill. Page 2 of 5 JAP js Jul 19, 2002 11 (g) -(-t Geographic boundaries for each voting district are established pursuant to 1 , Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated, prepared and identified not later than the first day of January, 2002, and every four (4) years thereafter by contract to the City of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The principal of non - discrimination and one man/one vote shall be adhered to strictly. In the event no candidate qualifies for election for any designated election district seats, then a special qualifying period shall be opened for five (5) calendar days after the close of the regular qualifying period any anyone from anywhere within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in accordance with this Charter. Sec. 22. Frequency, date of regular meetings ;Special. meetings; rules of proecdurre. The Luw.,,;l Commission shall hold its meeting as often as twice each month, or it may hold more than two (2) regular meetings each month if prescribed by resolution. Should any scheduled City Commission meeting fall upon a date on which any national, state, county or municipal election is held, said City Commission meeting should be deferred until the next regular working day. The Mayor or any three members of the City Commission may call special meetings of the City Commission npnn written nntire to each member served personally nr left at the usual place of residence A ll regular and special meetings of the City Commission shall he open to the public. The City Council shall determine its own Hiles and order of business. Sec. 59. Same - Compensation. The City Commission may, from time to time, by icaolut; fix the regular compensation of the City Attorney at a sum commensurate with the duties which may be imposed upon him by this charter and by the Commission; provided, that all special or unusual services required of the City Attomey, the fee for which is not otherwise prescribed iii this charter may be specially compensated as the Commission may see fit to provide. Sec. 142. Registration officer and registration. The City Clerk shall be the registration office of the City and said clerk, or his/henduly appointed deputies, shall register all persons applying to him/her whose names are not already borne upon the registration book applicable to the City and who are qualified as electors under the Constitution and laws of the State of Florida. For this purpose such registration shall be received during normal business hours or at such other times as designated by the City en u,it it Commission at the office of the City Clerk or at such other places within the City limits when Page 3 of 5 LAP:ja July 19, 2002 duly designated by the Ci , u�k, that ba411u shall by ylubud fu f ui _ five (45) dayb bofuiv au City d6.tiuu. Registrations shall be upon forms provided by the Supervisor of Elections of Palm Beach County, Florida. Section 4. Sections 50, 51, 53 and 54 of the Charter shall be moved to Article II entitled "City Council/Commission" and shall be renumbered accordingly in logical sequence with existing sections. Sectinn S. Anywhere in the Charter where the words "City Council" appear, shall be changed to City Commission. Section 6, The ballot title and the explanatory statement of the amendment, followed by the word "yes" and "no" shall be set forth as follows on the ballot at the general election in November 2002 for consideration by the qualified electors of the City of Boynton Beach, Florida: • Title DELETE OBSOLETE OR PREEMPTED PROVISIONS OF CHARTER AND CONSOLIDATE AND REORGANIZE/RENUMBER CHARTER PROVISIONS. Explanatory Statement The Charter currently contains provision which are obsolete or which have been preempted by state law. Other sections of the Charter would be more easily understood if amended or consolidated with other sections dealing with the same subject. A "yes" vote to the proposed amendment would delete obsolete provisions and consolidate and renumber other provisions. YES 1 NO O Section 7. Advertk m .n _ The City Clerk of the City of Boynton Beach is hereby . thorized and directed to advertise the referendum election contemplated herein all in . rdance with the State of Florida Election Code. Becton R. Codification, It is the intention of the City Commission of the City of is oynton Beach that the provisions of this Ordinance shall become and be made a part of the harter of the City of Boynton Beach, Florida Charter if adopted by the City elections. Page 4 of 5 .ja my 22, 2002 Section 9, $everahility. 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 in no way effecting the validity of the other provisions of this Ordinance. Section 10, Conflicts_ All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict herewith, be and the same are hereby repealed to the extent of such conflict. Section 11, Effective Date of Ordinance, This Ordinance shall take effect immediately upon its adoption. Sectinn 12, "Effective Date of Prnpnced Charter Amendmentt. The Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those electors voting in the November 2002 election in the City of Boynton Beach. PASSED AND ADOPTED BY THE CITY COMMISSION OFT CITY OF OYNT N BEACH, FLORIDA, ON THE FIRST READING, THIS DAY OF 2002. SECOND, FINAL READING AND PASSAGE this go . DAY OF Aur r , 2002. �} CITY OF OYNTO : 'A H, FLORIDA M • o ,(f� G'`r Aile, Vice Mayor , 7 ' -- ssioner ____e --- \._..,- --- \ ---r4 --- C issioner 1. 7._e_ Commissioner l ATTEST: u R.4014 �r: '/i • • 9 I �' , ;. 1 i , F i O. 7.4, 7 iPi 4461900182.BB O ISRTER 2002\Charter Amendments- Vanous Articles and Section.doc Y ; p ".'1, o k "92 / ��", .............. . F LOP� Page 5 of 5