24-006 1 ORDINANCE NO. 24-006
2 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, FLORIDA,
3 REPEALING ORDINANCES O#37; O#47, AND O#136 AND ANY
4 AMENDMENTS THEREAFTER, WHICH ESTABLISHED AND REVISED
5 SEGREGATION IN THE CITY OF BOYNTON BEACH;PROVIDING FOR
6 CONFLICTS; SEVERABILITY; AND AN EFFECTIVE DATE.
7
8 WHEREAS,on February 20,1924,Commissionersforthe Town of Boynton Beach(n/k/a
9 City of Boynton Beach)approved Ordinance No.37,establishing and setting apart in said Town
10 separate residential limits or districts for white and African American residents; and
11 WHEREAS, on November 18, 1924, Commissioners for the Town of Boynton Beach
12 (n/k/a City of Boynton Beach) approved Ordinance No. 47 extending and defining the
13 boundaries of the separate residential limits or districts; and
14 WHEREAS, on November 21, 1933, Commissioners for the Town of Boynton Beach
15 (n/k/a City of Boynton Beach) approved Ordinance No. 136 regulating the use of the public
16 streets, parks, public,and other places in the Town of Boynton Beach by persons over the age
17 of eighteen years; and
18 WHEREAS, all human beings are born free and equal in dignity and rights, and all
19 citizens and residents of the City of Boynton Beach should be entitled to all the rights and
20 freedoms of the United States,without distinction of any kind,in particular as to race,color,or
21 national origin; and
22 WHEREAS, all human beings are equal before the law and are entitled to equal
23 protection of the law against any discrimination and against any incitement to discrimination;
24 and
25 WHEREAS, the City Commission condemns all practices of segregation and
26 discrimination in whatever form and wherever they exist; and
27 WHEREAS,the City Commission finds that discrimination on the basis of race,color,or
28 ethnic origin is an obstacle to friendly and peaceful relations and disturbs peace and security
29 among people and the harmony of persons living side by side in the community; and
30 WHEREAS, the City Commission is resolved to adopt all necessary measures for
31 speedilyeliminating racial discrimination in all itsforms and manifestationsand to prevent and
32 combat racist doctrines and practices in order to promote understanding between races and
33 to build a community free from all forms of racial segregation and racial discrimination; and
34 WHEREAS, due to the offensive and improper nature of said Ordinances, which
35 purports to require persons of African descent to reside in a particular district of the City of
36 Boynton Beach and not elsewhere,the City Commission deems it in the best interest of the
37 citizens and residents of the City of Boynton Beach to make it abundantly clear that said
38 Ordinances are not the policy of the City of Boynton Beach; and
39 WHEREAS,the City Commission finds the repeal of Ordinances Nos.O#37,O#47, and
40 O#136, and any amendments thereafter,are in the best interest of the citizens and residents
41 of the City of Boynton Beach.
42 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF
43 BOYNTON BEACH, FLORIDA, THAT:
44 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as
45 being true and correct and are hereby incorporated herein and made a part hereof.
46 Section 2. The City Commission of the City of Boynton Beach hereby repeals
47 Ordinances Nos. O#37, O#47, and O#136 and any amendments thereafter.
48 Section 3. The appropriate members of the City staff are hereby authorized to take
49 any and all steps necessary to effectuate the intent of this Ordinance.
50 Section 4. All Ordinances or parts of Ordinances, Resolutions,or parts of Resolutions
51 in conflict herewith be, and the same are hereby repealed to the extent of such conflict.
52 Section S. If any clause,section,or other part or application of this Ordinance shall
53 be held by any court of competent jurisdiction to be unconstitutional or invalid, such
54 unconstitutional or invalid part or application shall be considered as eliminated and so not affect
55 the validity of the remaining portions or applications remaining in full force and effect.
56 Section 6. This Ordinance shall become effective on immediately upon passage.
57
58 FIRST READING thiscgpday of February, 2024.
59 SECOND, FINAL READING AND PASSAGE this day of crk -_� 024.
60
61 CITY OF BOYNTON BEACH, FLORIDA
62 YES NO
63
64 Mayor—Ty Penserga
65
66 Vice Mayor—Thomas Turkin ✓
67
68 Commissioner—Angela Cruz
69
70 Commissioner—Woodrow L. Hay
71
72 Commissioner—Aimee Kelley
73
74 VOTE
75
76
77
78 ATT'
79
80 Aa .1r) , -
81 Maylee Pe us, MPA, ' C Ty
_ a
82 City Cle k May.
83
84 APPROVED AS TO FORM:
85 (Corporate Seal) ' pYNTpN`%
86
� Q/C,DRPORgT.• � �
� /!
6
87 � �, F •• � '► �il
88 ;c�;• SEAL %. Shawna G. Lamb
89 • :INCORPORATED! ; City Attorney
•
90 ':, 1920 :: s
91 �' ••••.S.•••••
�`�� FLORIOP _"