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