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:
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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.
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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
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~issioner
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Co~issioner ~' ~
ATTEST:
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