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02-037 ORDINANCE NO. 02- ~3 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: $ectinn 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being tree and correct and are hereby made a specific part of this Ordinance upon adoption hereof. ~ 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:ia August 12, 2002 The co~,cil Commi.q~qinn shall have the power to enter into contracts on behalf of the City, and when so entered into, the same shall be executed by ~h¢ ?viayOi, and attested by the City Clerk with the seal of the City thereunto affixed. 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: 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 [] NO [] ~ 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. LAP:ja Page 2 of 3 August 19, 2002 Section 6. Severability, 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. Seetlon 7, Confliet~, 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 8. Effective Date of Ordinance. This Ordinance shall take effect immediately upon its adoption. Section 9, Effective Date of Pro.no,ed Charter Amendment,q. 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 T[-I~CITY OF  BEACH, FLORIDA, ON THE FIRST READING, THIS/~ DAY OF · 2002. SECOND, FINAL READING AND PASSAGE this ~o DAY OF 2002. , CITY OF BOYNTON BEACH, FLORIDA l~ay~.~-~ />~ ~ Vice ~ M~-- ~ ~ ~ .... ~issioner ~er Co~issioner ~' ~ ATTEST: :~'~ FO~ ~ ~ BB'O~'Chaner Amendments Sec' 21Auth°hw t° C°n~act'd°c/' "';~'m = ':~ '~ ~ ~)20/ ~ Page 3 of 3 .%,. · ,.97