O73-53.O, RDINANCE NO. 73-53
AN ORDINANCE OF THE CITY OF Bo!rNToN BEACH, FLORIDA,
AMENDiNG SECTION 38 OF ARTICLE III OF ~qE MUI~ICIPAL
CHARTER OF SAID CITY BY PROVIDING TI{AT IN T~E EVENT
T~E FTRST MONDAY IN J~3ARY .FALLS ON A LEGAL ,HOLIDAY
T~EN THE MUNICIPAL JUDGE SEALL BE APPOINTED ON T~E
FIRST WORKING DA~ FOLLOWING THE FIRST MONDAY ,IN
~ANUARY OF EACH 1rEAR AND T~L~T IN THE FURTHER~EVES?T
T~AT THE FIRST MONDAY IN ~ND-ARY OF THE YEAR:~FOLLOWING
~ APPOINTMENT S~iALLFALL' ON A ~LEGAL t{OL~Y THEN
~ TERM OF THE MU~IC!PAL JUDGE SHA~L BE ~L THE
AUTH~%I~ED .U~OER CHAp~ ER 166 eF THE iF_LO,IDA s~A~UTES
ENTITLED ~!SI: ~P~L ~HOI~E~ RULE POWERS ~%~T, F~T~ER
RE~LING pRoVIsioNS AND. EOR OTHER PURPOSmS .
W~EREAS~ pursuant to the provisions ,of C~apter 166 of the
Florida Statutes, entitled "Municipal Home Rule Powers Act", the
City Council of th~ City of Boynton Beach= Ftorida= deems it
necessary and advisable to provide that in the event that the
first Monday in January shall fall on a legal holiday then the
municipal judge shall be appointed on the first working day
following the first Monday in January and to further provide that
in the event that the first Monday in January following the
appointment shall fall on a legal holiday then the term of the
municipal judge shall be until the first working day following
the first Monday in January following his appointment;
NOW~ THEREFORE ~ BE IT ORDAINED BY THE CITY CODICIL OF THE
CITY OF BOYNTON BEACH, FLORIDA:
Section 1: That Section 38 of Article III of the municipal
Charter of the City of Boynton Beach~ Florida~ be and is hereby
amended to read as follows:
"Sec. 38. Establishment, sessions; appoiDtm~t of judqe,
term~ absence, disqualification.
There shall be~ and there is hereby established
in the City of Boynton Beach a municipal court to be k~aown
as 'The Municipal Court of the City of Boynton Beach,
Florida' for the trial of offenders against the municipal
ordinances. Such court shall be presided over by a muni-
cipal judge who shall be appointed by ~he City Council and
serve until the first Monday in January of the succeeding
year or until the first working day following the first
Monday in January if the first Monday falls on a legal
holiday~ at which time the members of the City Council
shall appoint a municipal judge whose term of office
thereafter shall be until the first Monday in January of
the succeeding year or until the first working day
following the firs~t Mom.day in January
Monday fall on a ~gat holiday.
Should the first
The City Council shall~ annually on the first
Monday of each year or on the first working day fol-
lowing the first Monday in January should the first
Monday fall on a legal holiday, appoint ~a municipal
judge for an ensuir~.one-year term u~tiI the ~first
Monday in Jaauary of~ke succeeding Year or until the
first worki-ng day f~tlowing the ~irst Monday should
the first Monday fall on a legal holiday. In case of
the municipal judge, the City Council may designate
some.other person to act as municipal judge. Sessions
of~ the munic~p~i court may be'held daily except on
Sundays~and holidays."
Section. 2: AUTHORITY T~ CODIFY: Specific authority is
hereby granted to codify and incorporate this Ordinance zn the
City's existing Code.
Section 3: SEPARABILITY: Each of the provisions of this
Ordinance are separable, including ~ordt clause, phrase or sen-
tence~ and if any portion thereof shall he.declared invalid~ the
remaining portion shall not be affected but shall remain in full
force and effect.
Section 4: REPEALING PROVISIONS: Ail ordinances or parts
of ordinances in conflict herewith are hereby repealed.
First reading this 20th day of Novembar, A.D.~ 1973.
Second, final reading and passage this /~7~ day of
December~ A.D., 1973.
CITY OF
BY
BOYNTON BEACH
FLORIDA
ATTEST:
City Cl~k
- 2
Council~mn