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02-040 AN ORDINANCE OF THE CITY OF BOY FLORIDA, SUBMITTI O o~,-:~ ..... NTON BEACH, NG Tv ~-~r~,tt~f~DU1VI 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 f of Charter amendments in Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an 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 CITY OF BOYNTON BEACH, FLORIDA, THAT: S. ee. tian.~ The foregoing "WHEREAS" clauses are hereby ratified and as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Ste, e. tian~ Article IV entitled "Administration", Section 54, entitled unes, 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 sion, and he shall have a voice and a vote in the proceedings of the City Page 1 of 3 19, 2002 1990\900182.BB\ORD\Charter Amendments _ Sec. 54 Duties, Powers, pr/v/leges of Mayor.doc Zommission, but no veto power. He may use the title of Mayor when executing legal ~nstmments 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 ~... ... . . . .. · . ~' , or other instruments of writing to which the City is a party, when authorized so to do by the City C-xmrm~Comm/ss/~ i. all deeds, ~ 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 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 Attorney, or their designees could bid on behalf of the City at judicial sales. YES [] NO [] ~ ~ The City Clerk of the City of Boynton Beach is zed and directed to advertise the referendum election contemplated herein all accordance with the State of Florida Election Code. ~ C-aldiF_le~il~ It is the intention of the City Commission of the of Boynton Beach that the provisions of this Ordinance shall become and be made a of the Charter of the City of Boynton Beach, Florida Charter if adopted by the City Page 2 of 3 2002 990X900182.13B\ORD\Charter Amendments _ Sec. 54 Duties, Powers, privileges of Mayor. doc ~ ~ 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 tmconstitutional or invalid part shall be considered as eliminated and in no way effecting the validity of the other provisions of this Ordinance. ~ ~ 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. ~ Effective [}ate of Ordlnanef_ This Ordinance shall take effect immediately upon its adoption. smim · Charter Amendments will take effect un,-- ,~- ..... · The Proposed electors voting in the November 2002 election in the City of Boynton Beach. ~,,,- tn~ amrmauve vote of a majority of those PASSED AND ADOPTED BY THE CITY COMMISSION OF TI-Iz~::~C, iTY BEACI-I, FLORIDA, ON THE FIRST READING, THIS ~ a(~ DAY OF 2002. ' OF SECOND, FINAL READING AND PASSAGE this _.~.o~ DAY OF  iss~--~oner ~.TTEST: Commissioner aon / -~ :j~ ... .., ~ Page 3 of 3 990X92~ LD ~ ~O ~,xx~' uu' ~zq~~XXm~dm~ - Sec. 54 Duties, Powers, privileges of Mayor.doc