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Charter Review Agenda Packet Multiple files are bound together in this PDF Package.Adobe recommends using Adobe Reader or Adobe Acrobat version 8 or later to work with documents contained within a PDF Package. By updating to the latest version, you’ll enjoy the following benefits: • Efficient, integrated PDF viewing • Easy printing • Quick searches Don’t have the latest version of Adobe Reader? Click here to download the latest version of Adobe ReaderIf you already have Adobe Reader 8, click a file in this PDF Package to view it. CITY OF BOYNTON BEACH AGENDA ITEM REQUEST FORM COMMISSION MEETING DATE: April 5, 2011 REQUESTED ACTION BY CITY COMMISSION: Charter Review Committee Appointment -TABLED ON 3/15/11 EXPLANATION OF REQUEST: At the January 18, 2011 City Commission meeting, the Commission directed City staff to bring back for review a suggested timeline and scope of work for the Charter Review. The City Commission directed that an ad-hoc committee made up of five persons, each nominated from a member of the Commission be appointed. By way of background, the last time the full Charter was reviewed was in 2001. The Committee can be provided with external resources available; including the charters of other Palm Beach County cites and the National Civic Leagues Model City Charter. The table of contents of the National Civic League Charter is attached as a reference. The recommended scope of the Ad-Hoc Charter Review Committee is as follows: 1. Review the form and content of each Article of the Charter for possible changes or modifications. 2. Give special attention to the timeline and methodology for establishing City Commission District Boundaries. Specifically, the current Charter requires this to be done every four years using a university. Because detailed census data (block data) is available only once every ten years, the four-year review cycle may be unrealistic. The pros and cons of requiring the use of an outside university to conduct the study should be addressed by the Ad-Hoc Charter Review Committee. For 2011, there is no issue because the 2010 Census data will be available in April 2011. OPENINGS PUBLIC HEARING OTHER CITY MANAGER’S REPORT ANNOUNCEMENTS/PRESENTATIONS UNFINISHED BUSINESS ADMINISTRATIVE NEW BUSINESS CONSENT AGENDA LEGAL BIDS AND PURCHASES OVER $100,000 FUTURE AGENDA ITEMS NATURE OF AGENDA ITEM CODE COMPLIANCE AND LEGAL SETTLEMENTS 3. The schedule of elections for the next two years is as follows: 􀀀 No City of Boynton Beach election in March 2012 􀀀 Supervisor of Election will have an election November 6, 2012* 􀀀 Supervisor of Election will have an election March 5, 2013 * Note: There may be a Primary Election in August 2012 HOW WILL THIS AFFECT CITY PROGRAMS OR SERVICES? Depending on the results of the recommendations of the Ad-Hoc Charter Review Committee there may be substantive changes to the City structure. FISCAL IMPACT The 2010 city-wide election cost the City approximately $57,000. It would be a city-wide election for a referendum. In addition there is an estimated cost of about $5,000 for materials, legal notices, copying and printing. The City Attorney has indicated that legal services for the project are covered under the current retainer so there will be no additional cost. ALTERNATIVES: None. The Commission has already directed that Charter review be conducted; all that remains is selection of the Committee members by the City Commission. ARTICLE I. -INCORPORATION AND BOUNDARIES Section 1.01. Section 1.02. Boca Raton, Florida, Code of Ordinances >> VOLUME I -PART I CHARTER AND RELATED SPECIAL ACTS >> Subpart A -CHARTER OF THE CITY OF BOCA RATON >> ARTICLE I. -INCORPORATION AND BOUNDARIES >> Section 1.01. -Former Charter amended. Section 1.02. -Boundaries. Section 1.03. -Boundary amendments. -Former Charter amended. The Charter of the City of Boca Raton, Palm Beach County, of the State of Florida, adopted by the Legislature of the State of Florida, as Chapter 65-1264, Special Acts, Laws of Florida, as amended from time to time, is hereby amended in its entirety, except for that part describing the boundaries of said City of Boca Raton, to read as follows. -Boundaries. The following area shall constitute the corporate limits of the City of Boca Raton: All that part of Sections 31, 32 and 33 of Township 46 South[,] Range 43 East and Sections 4, 5, 6, 7, 8, 9, 16, 17, 18, 19, 20, 21, 28, 29, 30, 31, 32 and 33 of Township 47 South, Range 43 East, East, and of Sections 1, 2, 3, 10, 11, 12, 13, 14, 15, 23, 24, 25, 26, 35 and 36 of Township 47 South, Range 42 East situate, lying and being within the following described corporate area, to wit: Beginning at the intersection of the township line between Township[s] 47 and 48 South, being the boundary line between Palm Beach and Broward County with the waters of the Atlantic Ocean; thence run westerly along the said township line between Townships 47 and 48 South to its intersection with the center line of the Hillsborough State Canal (also known as Hillsborough River or Hillsborough Canal); thence run along and coincident with the meandering center line of the said Hillsborough State Canal in a general westerly direction to its intersection with the west line of Section 31, Township 47 South, Range 43 East, said line being the range line between Ranges 43 and 42 East; thence continue westerly along the center line of said Hillsborough State Canal to its intersection with the east right-of-way line of Military Trail as now laid out and in use; thence north along said east right-of-way line of Military Trail to a point on the north right-of-way line of Palmetto Park Road; thence westerly, along the north right-of-way line of said Palmetto Park Road, to a point of intersection with the west boundary of said Section 23, Township 47 South, Range 42 East, also being the west boundary of Town Place Club Villas, according to the plat thereof, as recorded in Plat Book 45, pages 98 through 100; thence northerly along said line, to a point of intersection with the north right-ofway line of the Lake Worth Drainage District Canal L-47, said line also being the north line of the southwest quarter of said Section 23; thence westerly along the north line of said southwest quarter of Section 23, and the north line of the south half of section 22, to a point of intersection with the east right-of-way line of Jog Road (a k a Power Line Road) as per Official Record Book 1794, page 1422 of the Public Records of Palm Beach County, Florida; thence northerly along said east right-of-way line of Jog Road to a point of intersection with the southeasterly extension of the southerly boundary of Estancia III of Via Verde, according to the plat thereof, as recorded in Plat Book 32, pages 105 and 106 of the Public Records of Palm Beach County, Florida; thence northwesterly along said line to the southwest corner of said Estancia III of Via Verde; thence west along a line perpendicular to the west boundary of Estancia III of Via Verde to a point of intersection with the west line of Section 22; thence north along the west line of said section 22 to the northwest corner of said Section 22, said point also lying on the south boundary of Estancia II of Via Verde, according to the plat thereof, as recorded in Plat Book 32, page 112 and 113 of the Public Records of Palm Beach County, Florida; thence westerly along the southern boundaries of said Estancia II of Via Verde and Estancia IV of Via Verde, according to the plat thereof, as recorded in Plat Book 35, pages 69 and 70 of the Public Records of Palm Beach County, Florida, to the southwest corner of said Estancia IV of Via Verde; thence northerly along the west boundary of said Estancia IV of Via Verde to the northwest corner of said Estancia IV of Via Verde, said point also being a point on the south right-of-way Line of Boca Raton West Road (a k a Glades Road, State Road 808); thence east along the south right-of-way line of said Boca Raton West Road to a point of intersection with the east right-of-way line of Jog Road (a k a Power Line Road); thence northerly and northwesterly along said east right-of-way line of said Jog Road to a point of Municode Page 1 of 2 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=h ttp%3a%2f%2flibrary... 3/3/2011 Section 1.03. intersection with the north line of the south half of the southwest quarter of said section 10; thence westerly along said south line to a point of intersection with the west boundary of said Section 10; thence northerly along the west boundary of said Section 10, Township 47 South, Range 42 East to the southeast corner of Fox Landing, according to the plat thereof as recorded in Plat Book 57, Pages 151 and 152 of the Public Records of Palm Beach County, Florida; thence westerly along the south boundary of said Fox Landing to the southwest corner of said Fox Landing; thence northerly along the west boundary of said Fox Landing to a point on the south line of Section 4, Township 47 South, Range 42 East; thence westerly along the south boundary of said Section 4 to the southwest corner of said Section 4; thence northerly along the west boundary of said Section 4, also being the east right-of-way line of the Florida Turnpike, to the northwest corner of said Section 4; thence easterly along the north boundary of Sections 4, 3, 2 and 1, Township 47 South, Range 42 East, to the northeast corner of said Section 1, also being the northwest corner of Section 6, Township 47 South, Range 43 East; thence easterly along the north line of said Section 6, also being the south line of Section 31, Township 46 South, Range 43 East to a point of intersection with the west line of the east quarter of the southwest quarter of Section 31, Township 46 South, Range 43 East; thence run northerly along the west line of the east quarter of the west half of Section 31, Township 46 South, Range 43 East to the intersection with the north boundary of Section 31, Township 46 South, Range 43 East, said line also being the center line of the Central and Southern Florida Flood Control District C-15 Canal; thence easterly along and coincident with the center line of said C-15 Canal through Sections 31, 32 and 33, Township 46 South, Range 43 East to its intersection with the center line of the Intracoastal Waterway as recorded in Plat Book 17, page 19, of the Public Records of Palm Beach County, Florida; thence run in a general southerly direction, along and coincident with the center line of the right-of-way of the said Intracoastal Waterway through Section 33, Township 46 South, Range 43 East, and Sections 4 and 9, Township 47 South, Range 43 East, to a point of intersection with a line 1,333.86 feet south of and parallel to the north line of Section 9, Township 47 South, Range 43 East; thence run easterly along a line 1,333.86 feet south of and parallel to the north line of Section 9, Township 47 South, Range 43 East to the water's edge of the Atlantic Ocean; thence continue easterly along the extension of the aforesaid line 1,333.86 feet south of and parallel to the north line of said Section 9 to a point being 3 geographical miles distance from the water's edge of the Atlantic Ocean; thence run southerly along the 3-geographical-mile line to a point on the easterly extension of the township line between Townships 47 and 48 South, said point being 3 geographical miles east of the water's edge of the Atlantic Ocean; thence westerly for a distance of 3 geographical miles along said easterly extension of the township line between Townships 47 and 48 South to a point of intersection with the water's edge of the Atlantic Ocean and the point of beginning. (Ord. No. 2425, §§ 1, 4, 4-11-78; Ord. No. 2498, §§ 2, 4, 6-27-78; Ord. No. 2520, §§ 2, 4, 11-4-78; Ord. No. 2632, 12-4-79; Ord. No. 2711, 3-4-80; Ord. No. 3048, § 1, 1-26-82; Ord. No. 3077, § 2, 4-13-82; Ord. No. 3213, 9-13-83; Ord. No. 3215, 8-9-83; Ord. No. 3222, 8-9-83; Ord. No. 3273, § 1, 5-22-84; Ord. No. 3365, § 1, 1-8-85; Ord. No. 3369, § 1, 12-18-84; Ord. No. 4415, § 2, 11-10-98; Ord. No. 4717, 7-22-03; Ord. No. 4718, 7-22-03; Ord. No. 4719, 7-22-03; Ord. No. 4734, 7-23-03; Ord. No. 4795, 9-18-04; Ord. No. 4796, 9-18-04; Ord. No. 5004, § 2, 10-23-07) -Boundary amendments. The city council shall by ordinance amend from time to time the boundary description of the City of Boca Raton Raton as set forth in this Charter to conform such boundary description with any annexation done in accordance with Florida Statutes. Such Charter amendments shall be authenticated in accordance with section 7.02 of this Charter. Municode Page 2 of 2 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 ARTICLE II. -POWERS Section 2.01. Section 2.02. Section 2.03. (a) Boca Raton, Florida, Code of Ordinances >> VOLUME I -PART I CHARTER AND RELATED SPECIAL ACTS >> Subpart A -CHARTER OF THE CITY OF BOCA RATON >> ARTICLE II. -POWERS >> Section 2.01. -Powers. Section 2.02. -Construction. Section 2.03. -Extraterritorial powers. Section 2.04. -Intergovernmental relations. -Powers. The City of Boca Raton shall have all governmental, corporate and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. -Construction. The powers of the city shall be construed liberally in favor of the city, limited only by the Constitution, Florida Statutes and specific limitations contained herein. Future special acts of the Florida Legislature pertaining to the jurisdiction and exercise of powers of this city shall be considered amendments to this Charter and, pursuant to the provisions adopted for incorporation of other Charter amendments specified in section 7.02 of this Charter, shall be incorporated as official amendments to the Charter. -Extraterritorial powers. The following constitute the reserve area of the City of Boca Raton. All that part of Sections 32, 33, 34, 35 and 36, Township 46 South, Range 42 East; Section 31, Township 46 South, Range 43 East; Sections 1, 3, 4, 5, 8, 9, 10, 14, 15, 16, 17, 20, 21, 22, 23, 26, 27, 28, 29, 32, 33, 34 and 35, Township 47 South, Range 42 East and Section 6, Township 47 South, Range 43 East lying and being within the following described area: Beginning at the intersection of the center line of the Hillsborough State Canal and the east right-of-way line of Military Trail as now laid out and in use; thence run westerly along and coincident with the center line of said canal through Sections 35, 34, 33 and 32, Township 47 South, Range 42 East to the east right-of-way line of the Sunshine State Parkway, according to the right-of-way map as as recorded in the Public Records of Palm Beach County, Florida; thence northerly along the east right-of-way line of said parkway through Sections 32, 29, 20, 17, 8 Township 47 South, Range 42 East to a point on the south line of Section 5 of Township 47 South, Range 42 East; thence east along the south of said Section 5 and the south line of Section 4, Township 47 South, Range 42 East to a point of intersection with the west boundary line of Fox Landing, according to the plat thereof, as recorded in Plat Book 57, Pages 151 and 152 of the Public Records of Palm Beach County, Florida; thence south along the west boundary of said Fox Landing to the Southwest Corner of said Fox Landing; thence east along the south boundary of said Fox Landing to the southeast corner of said Fox Landing and a point on the west line of Section 10, Township 47 South, Range 42 East; thence south along the west boundary of said Section 10 to the south line of the north half of the southwest quarter of said Section 10; thence east along said south line to a point of intersection with the east right-of-way line of Jog Road (a k a Power Line Road) per Official Record Book 6434, page 498 of the Public Records of Palm Beach County, Florida; thence southerly along the east right-of-way line of said Jog Road to a point of intersection with a line 370 feet south of and parallel with the north line of the south half of the southwest quarter of said Section 10; thence easterly along said parallel line to a point of intersection with a line 115 feet west of and parallel with the west line of the southeast quarter of said Section 10; thence south along said parallel line to a point of intersection with the westerly extension of the north line of Boca Madera Unit 2, according to the plat thereof, as recorded in Plat Book 32, Pages 59 and 60 of the Public Records of Palm Beach County, Florida; thence easterly along said line to a point on the west line of the southeast quarter of said Section 10; thence south along said line and the west line of the northeast quarter of Section 15, Township 47 South, Range 42 East to a point on the south boundary line of the northeast quarter of said Section 15; thence east along the south line of the northeast quarter of said Section 15 to a Municode Page 1 of 2 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 (b) (c) (d) Section 2.04. point on the east right-of-way line of the aforementioned Jog Road; thence south along the east right-of-way line of said Power Line Road to a point of intersection with the south right-of-way line of Boca Raton Road (a k a Glades Road, State Road 808); thence west along said south right-of-way line to the northwest corner of Estancia IV of Via Verde, according to the plat thereof, as recorded in Plat Book 35, Pages 69 and 70 of the Public Records of Palm Beach County, Florida; thence southerly along the west boundary of said Estancia IV to the southwest corner of said Estancia IV; thence easterly along the south boundary lines of said Estancia IV and Estancia II, according to the plat thereof, as recorded in Plat Book 32, pages 112 and 113 of the Public Records of Palm Beach County, Florida to point of intersection with the west line of Section 22 Township 47 South, Range 42 East; thence south along the west line of said Section 22 to a point of intersection with a line that is perpendicular to the west boundary of Estancia III, according to the plat thereof, as recorded in Plat Book 32, Pages 105 and 106 of the Public Records of Palm Beach County, Florida said line runs through the southwest corner of said Estancia III; thence east along said line to the southwest corner of said Estancia III; thence southeasterly along the southerly boundary of said Estancia III and the southerly extension of said boundary to a point of intersection with the east right-of-way line of said Jog Road; thence southerly along the east right-of-way line of said Jog Road per Official Record Book 1794, Page 1422 to a point of intersection with the south line of the north half of said Section 22; thence east along the south line of the north half of said Section 22, said line also being the north line of the Lake Worth Drainage District L-47 Canal to a point of intersection with the east line of said Section 22; thence south along said east line of Section 22 said line also being the west line of Town Place Club Villas, according to the plat thereof, as recorded in Plat Book 45, Pages 98 through 100 of the Public Records pf Palm Beach County, Florida to a point of intersection with the north right-of-way line of Palmetto Park Road; thence east along the north right-of-way line of said Palmetto Park Road to a point of intersection with the east right-ofway line of Military Trail as now laid out and in use; thence south along the east right-of-way line to a point of intersection with the center line of the aforementioned Hillsborough State Canal and the point of beginning. TOGETHER WITH Beginning at the point of intersection of the north line of Section 4, Township 47 South, Range 42 East with the east right-of-way line of the aforementioned Sunshine State Parkway; thence north along said east rightof-way line through Section 33, Township 47 South, Range 42 East to a point to a point on the north line of said Section 33 also being the centerline of the C-15 Canal; thence easterly along the north line of Sections 33, 34, 35 and 36 of Township 46 South, Range 42 East and Section 31, Township 46 South, Range 43 East to the intersection with the west line of the east quarter of the west half of said Section 31, Township 46 South, Range 43 East; thence southerly on the west line of said east quarter of the west half of Section 31 to a point on the south line of said Section 31; thence westerly along the south lines of Sections 31, Township 47 South, Range 43 East and Sections 36,35, 34, and 33 to a point of intersection with the east right-of-way line of said Sunshine State Parkway and the point of beginning. None of the area contained in the aforesaid described lands shall become a part of, or be incorporated into, any municipality other than the City of Boca Raton. Except as may be provided by Florida Statutes, the City of Boca Raton shall exercise no corporate powers concerning the "Boca Raton Reserve Area" until the area (or part thereof) shall have been annexed by the City of Boca Raton in the manner hereinafter provided in this section. The City of Boca Raton may annex the "Boca Raton Reserve Area" or any part thereof at any time in any manner allowed by the Constitution and Florida Statutes; provided, however, that any area thus annexed must be adjacent to and contiguous to the existing limits of the City of Boca Raton. (Ord. No. 4717, 7-22-03; Ord. No. 4718, 7-22-03; Ord. No. 4719, 7-22-03; Ord. No. 4734, 7-23-03; Ord. No. 4795, 9-18-04; Ord. No. 4796, 9-18-04) -Intergovernmental relations. The city may exercise any of its powers or perform any of its functions and may participate in the financing thereof, jointly or in cooperation by contract or otherwise, with any one or more states or civil divisions or agencies thereof, or the United States or any agency thereof. Municode Page 2 of 2 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 ARTICLE III. -CITY COUNCIL Section 3.01. Section 3.02. Sec. 3.03. Boca Raton, Florida, Code of Ordinances >> VOLUME I -PART I CHARTER AND RELATED SPECIAL ACTS >> Subpart A -CHARTER OF THE CITY OF BOCA RATON >> ARTICLE III. -CITY COUNCIL >> Section 3.01. -City council; powers and composition. Section 3.02. -Qualifications. Sec. 3.03. -Election, terms and term limitations. Section 3.04. -Compensation. Section 3.05. -Mayor. Section 3.06. -General powers and duties of city council. Section 3.07. -Prohibitions. Section 3.08. -Vacancies; forfeiture of office; filling of vacancies. Section 3.09. -Procedure. Section 3.10. -Legal counsel. Section 3.11. -Annual audit. Section 3.12. -Ordinances and resolutions. Section 3.13. -Action requiring an ordinance. Section 3.14. -Emergency ordinances. Section 3.15. -Zoning and land use ordinances. Section 3.16. -Action requiring a resolution. Section 3.17. -Reserved. Section 3.18. -Recording and authentication. Section 3.19. -Budget adoption. Section 3.20. -Appropriation amendments during fiscal year. Section 3.21. -Codes of technical regulations. -City council; powers and composition. There shall be a city council, consisting of five (5) members, with all legislative powers of the city vested therein. -Qualifications. Any qualified elector of the city shall be eligible to hold the office of city council member. The council shall be the judge of the election and qualifications of its members and of the grounds for forfeiture of their office. A member charged with conduct constituting grounds for forfeiture of office shall be entitled to a public hearing on demand, and notice of such hearing shall be published in one or more newspapers of general circulation in the city at least one week in advance of the hearing. -Election, terms and term limitations. The mayor and other city council members shall be elected for three-year terms at the regular city election in the manner provided in Article V of this Charter. The terms of council members shall begin on the last day of March. No person who has been elected to the office of mayor or to the office of council member for two consecutive terms shall be eligible to qualify for election, or be elected, to that office for the succeeding term; provided, however, for transition purposes, council members serving on the city council on March 31, 2005 shall be eligible to qualify for election, and be elected, to that office for a maximum of three consecutive terms (including consecutive terms immediately prior to March 14, 2006). The office of mayor and the office of council member shall be considered separate offices for the purpose of consecutive term limits set forth in this section. For transition purposes, the three current council members, including the mayor, elected at the regular election in March 2005 shall have their current term extended by one additional year and such term shall now expire on March 30, 2008. In the event a vacancy is filled in the office of mayor or council member, by appointment or election as provided in this Charter, the partial term shall not be considered a term for purposes of term limits as specified herein. Municode Page 1 of 6 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 Section 3.04. Section 3.05. Section 3.06. Section 3.07. (a) (b) (c) Section 3.08. (a) (b) (c) (Ord. No. 2441, § 1, 12-13-77; Ord. No. 2444, § 1, 12-31-77; Ord. No. 4088, § 1, 3-30-93; Ord. No. 4919. § 1, 1-24-06) -Compensation. The council shall determine the annual salary of council members by ordinance, but no ordinance increasing such salary shall become effective until ratified by a majority of the electorate voting on the proposed increase. Council members shall receive their actual and necessary expenses incurred in the performance of their duties of office. -Mayor. One council member shall be the mayor, who shall be elected to the office in the manner provided in Article V of this Charter, except as provided in this article for the filling of a vacancy in the office of mayor. The council shall hold an organizational meeting on the last day of March or the first business day thereafter, and elect from its members a deputy mayor, who shall serve at the pleasure of the council for a term of one year. In In the event a majority of the council is unable to agree upon the selection of a deputy mayor within five (5) days after the organizational meeting, then such deputy mayor shall be the most recently elected council member other than the mayor receiving the largest number of votes in the regular election. The mayor shall preside at meetings of the council and shall be recognized as the head of city government for all ceremonial and official purposes, by the governor for purposes of military law, as agent for the service of process and as the city official designated to execute contracts, deeds and other documents and to represent the city in all agreements with other governmental entities or certifications to other governmental entities, but shall have no administrative duties except as required to carry out the responsibilities herein. The deputy mayor shall act as mayor during the absence or disability of the mayor. (Ord. No. 2438, § 1, 12-13-77; Ord. No. 2441, § 1, 12-13-77; Ord. No. 2444, § 1, 12-13-77) 77) -General powers and duties of city council. All legislative powers of the city shall be vested in the city council, which shall provide for the exercise thereof and for the performance of all duties and obligations imposed on the city by law. The council may by resolution or ordinance delegate to the city manager the power to execute contracts, deeds and other documents approved by the council, and to represent the city in all agreements with other governmental entities or certifications to other governmental entities. -Prohibitions. Appointment and removals. Neither the council nor any of its members shall in any manner dictate the appointment or removal of any city administrative officers or employees whom the manager or any of his or her subordinates are empowered to appoint, but the council may express its views and fully discuss with the manager anything pertaining to appointment and removal of such officers and employees. Interference with administration. Except for the purpose of inquiries and investigations, the council or its members shall deal with city officers and employees who are subject to the direction and supervision of the manager solely through the manager, and neither the council nor its members shall give orders to any such officer or employee, either publicly or privately. Nothing in the foregoing is to be construed to prohibit individual members of the council from closely scrutinizing, by questions and personal observation, all aspects of city government operations so as to obtain independent information to assist the members in the formulation of sound policies to be considered by the council. It is the express intent of this Charter, however, that recommendations for improvement in city government operations by individual council members shall be made to and through the city manager, so that the manager may coordinate efforts of all city departments to achieve the greatest possible savings through the most efficient and sound means available. Violation of this provision shall be grounds for forfeiture of office. Holding other office. No former elected city officer shall hold any compensated appointive city office or employment until one year after the expiration of the term for which the officer was elected. -Vacancies; forfeiture of office; filling of vacancies. Vacancies. The office of a council member shall become vacant upon his or her death, disability, resignation, removal from office or forfeiture of office in any manner authorized by law, such forfeiture to be declared by the remaining members of the council. Forfeiture of office. A council member shall forfeit office if he or she lacks at any time during the term of office any qualification for the office prescribed by this Charter or by law. Municode Page 2 of 6 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 (d) (e) Section 3.09. (a) (b) (c) Section 3.10. Section 3.11. Section 3.12. Filling of vacancies [generally]. If a vacancy occurs in the council for any reason whatsoever, other than a vacancy in the office of mayor, the council, by a majority vote of its remaining members including the mayor, shall appoint a qualified person to fill the vacancy. The appointed member shall serve until the last day of March following the next regular city election. If a majority of said remaining members are unable to agree upon the appointment of a council member to fill said vacancy after two (2) regular meetings have been held, the city council shall call a special election for that purpose within sixty (60) days following the second regular meeting. If the term of office to which such person was appointed does not expire as of the last day of March following the next regular city election, the office shall be filled for the remainder of the term by election at the regular city election in the manner provided in Article V. [Vacancy in, manner of filling office of] mayor. The office of mayor shall become vacant for any reason that the office of any other council member may become vacant, and a vacancy in the office of mayor shall also be deemed a vacancy in the council. If a vacancy occurs in the office of mayor for any reason whatsoever, the deputy mayor shall succeed to the office of mayor and shall serve as mayor until the last day of March following the next regular city election. The council member serving as mayor by succession shall then complete the remainder of the council member's unexpired term if any part of such term remains unexpired. The succession to the office of mayor by the deputy mayor shall create a vacancy in the council which shall be filled in the manner prescribed in subsection (c) of this section. If any part of the mayor's term of office remains unexpired as of the last day of March following the next regular city election, the office of mayor shall be filled by election at the regular city election election for the remainder of the unexpired term. Extraordinary vacancies. In the event that all members of the council are removed by death, disability, resignation, removal or forfeiture of office, the governor shall appoint an interim council that shall call a special election to fill the unexpired terms of office. (Ord. No. 2441, § 1, 12-13-77; Ord. No. 2444, § 1, 12-13-77) -Procedure. Meetings. The council shall meet regularly at least once a month at such times and places as the council may prescribe by rule. Special meetings may be held on the call of the mayor or of a majority of the members and, whenever practicable, upon no less than twenty-four (24) hours' notice to each member and to the public. Rules and journal. The council shall by ordinance determine its own rules and order of business. The city manager shall appoint a city clerk who shall keep the journal of council proceedings and shall perform such other duties as prescribed by the city manager, this Charter, or Florida Statutes. Voting. Voting on ordinances and resolutions shall be by roll call on final action and shall be recorded in the journal. A majority of the council shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the council. Passage of an ordinance or resolution shall require an affirmative vote of not less than a majority of the council members. Passage of an ordinance adopting a comprehensive plan or a comprehensive plan amendment shall require an affirmative vote of not less than four-fifths (4/5) of the membership of the city council. Passage of any resolution authorizing the city attorney or special counsel to institute eminent domain proceedings, or any ordinance to confirm the acquisition of property through eminent domain proceedings by the Boca Raton Community Redevelopment Agency, shall require an affirmative vote of not less than four-fifths (4/5) of the membership of the city city council. The council shall establish by ordinance requirements for approval of expenditures of public funds and acceptance of public improvements upon their completion. All council members shall vote on all matters before the council except on those matters on which the council member announces a conflict of interest as the reason for abstention. (Ord. No. 4510, § 1, 4-25-00; Ord. No. 4548, § 1, 11-14-00; Ord. No. 4564, § 1, 1-23-01) -Legal counsel. The council shall appoint legal counsel, as it deems necessary, to serve at the pleasure of the council and to act as legal advisor to the city and to all its officers on matters relating to their official duties. -Annual audit. The council shall provide for an annual audit of its financial accounts as provided by Florida Statutes. The accountants or firm performing such audit shall be employed for a period not to exceed 5 years, except that the accountants or firm may be reemployed for periods not to exceed 5 years after competitive selection upon consideration of proposals from accountants or firms offering to perform the services. (Ord. No. 2724, § 1, 1-22-80) Editor's note— Ordinance Number 2724 was approved at an election held Mar. 11, 1980. -Ordinances and resolutions. Municode Page 3 of 6 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 (a) (b) (c) Section 3.13. (a) (b) (c) (d) (e) (f) (g) (h) (i)Section 3.14. (a) (b) (c) (d) Section 3.15. Ordinances and resolutions shall be adopted in accordance with Florida Statutes. Form. Each ordinance or resolution shall be introduced in writing and shall embrace but one subject and matters properly connected therewith. The subject shall be clearly stated in the title. No ordinance shall be amended by reference to its title only. Any ordinance which amends an existing ordinance or part of the city code shall set out in full the ordinance or sections or subsections of the city code to be amended and shall clearly indicate the changes to be made. Procedure. A proposed ordinance, except an ordinance described in section 3.14, shall be read by title, or in full, on at least 2 separate days, at either regular or special meetings of the council and shall, at least 10 days prior to the proposed adoption, be noticed once in a newspaper of general circulation in the city. The notice of proposed enactment shall shall state the date, time and place of the meeting, the title of the proposed ordinance, and the place or places within the city where such proposed ordinance may be inspected by the public. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance. Effective date. Except as may be provided in this Charter or by Florida Statutes, every adopted ordinance or resolution shall become effective 10 days after adoption or as otherwise specified therein, except that an adopted ordinance or resolution approving a contract shall become effective 10 days after adoption or at any later time specified therein. State law reference— Ordinance adoption procedure, F.S. § 166.041. -Action requiring an ordinance. In addition to other acts required by law or by specific provision of this Charter to be done by ordinance, those acts of the city council shall be by ordinance which: Adopt or amend a standard code of technical regulations. Upon the recommendation of the city manager, alter or abolish any city department or agency. Establish a rule or regulation, the violation of which carries a penalty. Levy taxes authorized by general law. Grant, renew or extend a franchise. Set service or user charges for municipal services or grant administrative authority for such charges. Authorize the borrowing of money not inconsistent with the limitations established in the constitution and the Florida Statutes. Convey or lease or authorize administrative action to convey or lease any lands of the city. Amend or repeal any ordinance previously adopted, except as provided by article VI. -Emergency ordinances. To meet a public emergency affecting life, health, property or the public peace, the council may adopt 1 or more emergency ordinances, but such ordinances may not levy taxes; grant, renew or extend a franchise; set service or user charges for any municipal services; enact or amend a land use plan or rezone private real property; or authorize the borrowing of money for a period exceeding 60 days. Form. An emergency ordinance shall be introduced in the form and manner prescribed for ordinances generally, except that it shall be plainly designated in a preamble as an emergency ordinance and shall contain, after the enacting clause, a declaration stating that an emergency exists and describing it in clear and specific terms. Procedure. An emergency ordinance may be adopted with or without amendment or rejected at the meeting at which it is introduced, but the affirmative vote of at least two-thirds (2/3) of all the council shall be required for adoption. After its adoption the ordinance shall be published by title once in a newspaper of general circulation in the city, and shall be authenticated, recorded and printed in the same manner as other adopted ordinances. Effective date. Emergency ordinances shall become effective upon adoption or at such other date as may be specified in the ordinance. Repeal. Every emergency ordinance except emergency appropriations shall automatically stand repealed as of the sixty-first day following the date on which it was adopted, but this shall not prevent re-enactment of the ordinance under regular procedures or, if the emergency still exists, in the manner specified in this section. An emergency ordinance may also be repealed by adoption of a repealing ordinance in the same manner specified in this section for adoption of emergency ordinances. State law reference— Emergency ordinances, F.S. § 166.041. -Zoning and land use ordinances. Municode Page 4 of 6 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 Section 3.16. (a) (1) (2) (3) (4) (5) (6) (7) (b) Section 3.17. Section 3.18. Section 3.19. Section 3.20. (a) (b) (c) Ordinances which rezone private real property or deal with land use pursuant to the provisions of the Local Government Comprehensive Planning Act shall be enacted under the procedure described in state law. State law reference— Land use and zoning ordinances, F.S. § 166.041. -Action requiring a resolution. In addition to other acts required by law or by specific provision of this Charter to be done by resolution, those acts of the city council shall be by resolution which: Establish the date, time and purpose of a special election; Provide for forfeiture of office of a council member, or fill a vacancy in the council; Establish an advisory board not otherwise established by ordinance; Authorize the execution of deeds and contracts, excluding contracts for the purchase by the city of goods or services as may be provided by ordinance; Approve conditional uses of property; Amend or rescind a resolution; Any other act as may be required by ordinance. The enumeration of matters in this section requiring a resolution shall not be deemed to exclude other matters not enumerated. State law reference— Resolutions, F.S. § 166.041. -Reserved. Editor's note— Ordinance Number 2585, § 1, adopted Jan. 23, 1979, and approved at referendum March 13, 1979, repealed former § 3.17 of the Charter. The former section required city council action to provide urban services outside the city limits be approved by the electorate at referendum, and was enacted pursuant to Ordinance Number 2366, § 1, adopted April 26, 1977. -Recording and authentication. Every ordinance or resolution shall, upon its final passage, be authenticated, recorded and printed as specified in section 7.02 of this Charter. (Ord. No. 2366, § 2, 4-26-77) -Budget adoption. The council shall by ordinance adopt the budget on or before the thirtieth day of September of each year for the ensuing fiscal year beginning October first. [Upon its] failing to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month-to-month basis, with all items in it prorated accordingly, until such time as the council adopts a budget for the ensuing fiscal year. Adoption of the budget shall constitute appropriations from the funds indicated and shall constitute a levy of the property tax therein proposed. (Ord. No. 2366, § 2, 4-26-77) State law reference— Adoption of budget, F.S. § 200.065. -Appropriation amendments during fiscal year. Supplemental appropriations. If during the fiscal year revenues in excess of those estimated in the budget are available for appropriation, the council by ordinance may make supplemental appropriations for the year up to the amount of such excess. Reduction of appropriations. If at any time during the fiscal year it appears probable to the manager that the revenues available will be insufficient to meet the amount appropriated, the manager shall report to the council without delay, indicating the estimated amount of the deficit, any remedial action taken and recommendations as to any other steps to be taken. The council shall then take such further action as it deems necessary to prevent or minimize any deficit and for that purpose it may by ordinance reduce one or more appropriations. Limitations; effective date. No appropriation for debt service may be reduced or transferred, and no appropriation may be reduced below any amount required by law to be appropriated or by more than the Municode Page 5 of 6 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http% 3a%2f%2flibrary... 3/3/2011 (d) Section 3.21. (a) (1) (2) (b) amount of the unencumbered balance thereof. The supplemental appropriations and reduction or transfer of appropriations authorized by this section may be made effective immediately upon adoption. Transfer of appropriations. The manager may at any time transfer part or all of any unencumbered appropriation balance among programs within a department, office or agency. Upon written request by the manager, the council may by ordinance transfer part or all of any unencumbered appropriation balance from one department, office or agency to another. (Ord. No. 2366, § 2, 4-26-77) -Codes of technical regulations. The council may adopt any standard code of technical regulations by reference thereto in an adopting ordinance, and such ordinance may amend such code. The procedure and requirements governing such an adopting ordinance shall be as prescribed for ordinances generally, except that: The requirements of section 7.02 for authentication and recording of ordinances shall be construed to include a copy of the code of technical regulations, as well as of the adopting ordinance, and A copy of each adopted code of technical regulations, as well as of the adopting ordinance, shall be authenticated and recorded by the city clerk pursuant to section 7.02. Copies of any adopted code of technical regulations shall be made available by the city clerk for distribution, or for purchase at a reasonable price. (Ord. No. 2366, § 2, 4-26-77) Municode Page 6 of 6 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 ARTICLE IV. -ADMINISTRATIVE Section 4.01. Section 4.02. (a) (b) (1) (2) (3) (c) Section 4.03. Section 4.04. (a) Boca Raton, Florida, Code of Ordinances >> VOLUME I -PART I CHARTER AND RELATED SPECIAL ACTS >> Subpart A -CHARTER OF THE CITY OF BOCA RATON >> ARTICLE IV. -ADMINISTRATIVE >> Section 4.01. -City manager. Section 4.02. -Appointment; removal; compensation. Section 4.03. -Acting city manager. Section 4.04. -Powers and duties of the city manager. [Section 4.05. -Reserved.] Section 4.06. -Personnel system; the merit principle. Section 4.07. -Administrative regulations code. -City manager. There shall be a city manager who shall be the chief administrative officer of the city. The manager shall be responsible to the council for the administration of all city affairs placed in the manager's charge by this Charter or by ordinance. -Appointment; removal; compensation. Appointment. The council shall appoint a city manager for an indefinite term by a majority vote of all the council members. Removal. The council may remove a manager in accordance with the following procedures: The council shall adopt by affirmative vote of a majority of all its members a preliminary resolution which must state the reasons for removal and may suspend the manager from duty for a period not to exceed ninety (90) days. A copy of the resolution shall be delivered promptly to the manager. Within five (5) days after a copy of the resolution is delivered, the manager may file with the council a written request for a public hearing. This hearing shall be held at a council meeting not earlier than fifteen (15) days nor more than thirty (30) days after the request is filed. The manager may file with the council a written reply at least five (5) days before the hearing. The council may adopt a final resolution of removal, which may be made effective immediately, by affirmative vote of a majority of all its members at any time after five (5) days from the date which a copy of the preliminary resolution was delivered to the manager, if a public hearing was not requested, or at any time after the public hearing if one is requested. The manager shall continue to receive his or her salary until the effective date of a final resolution of removal, or, at the discretion of the council, for a period not to exceed ninety (90) days from the adoption of the preliminary resolution. Compensation. The compensation of the manager shall be fixed by the council. -Acting city manager. By letter filed with the council, the manager shall designate, subject to approval of the council, a qualified city administrative officer to exercise the powers and perform the duties of the manager during his or her temporary absence or disability. During such absence or disability, the council may revoke such designation at any time and appoint another officer of the city to serve until the manager shall return or the disability shall cease. -Powers and duties of the city manager. The city manager shall: Appoint, and when deemed necessary for the good of the city, suspend or remove all city employees and appointive administrative officers provided for by or under this Charter, except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter. The manager may authorize any Municode Page 1 of 2 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 (b) (c) (d) (e) (f) (g) (h) (i) (j)[Section 4.05. Section 4.06. Section 4.07. administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office or agency. Plan, organize, direct and supervise the administration of all departments, offices, and agencies of the city, except as otherwise provided by this Charter or by law. Attend all council meetings, with the right to take part in discussion but not to vote. See that all laws, provisions of this Charter, and acts of the council, subject to enforcement by the manager or by officers subject to the manager's direction and supervision, are faithfully executed. Prepare and submit at least forty-five (45) days prior to the beginning of the fiscal year, the annual budget, budget message, and capital program to the council in a form provided by ordinance. Submit to the council and make available to the public not more than one hundred eighty (180) days after the completion of each fiscal year, based upon audited financial data, a report on the finances and administrative activities of the city for the fiscal year just completed. Make such other reports as the council may require concerning the operations of the city departments, offices and agencies subject to the manager's direction and supervision. Keep the council fully advised as to the financial condition and future needs of the city and make such recommendations to the council concerning the affairs of the city as deemed desirable. Sign contracts on behalf of the city pursuant to ordinances and resolutions. Perform such other duties as are specified in this Charter or as may be required by the council. (Ord. No. 2725, § 1, 1-22-80) -Reserved.] -Personnel system; the merit principle. All appointments and promotions of city officers and employees, except those specifically exempted by ordinance, shall be made solely on the basis of merit and fitness, demonstrated by examination or other evidence of competence, and in accordance with established personnel procedures and rules. The city manager shall recommend personnel procedures and rules which shall be adopted by ordinance. -Administrative regulations code. The manager shall maintain an administrative regulations code for the purpose of implementing ordinances passed by the council. Municode Page 2 of 2 http://library.municode.com/print.aspx?clien tID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 ARTICLE V. -QUALIFICATIONS AND ELECTIONS Section 5.01. Section 5.02. Section 5.03. Section 5.04. (a) Sec. 5.05. (a) (b) (c) Boca Raton, Florida, Code of Ordinances >> VOLUME I -PART I CHARTER AND RELATED SPECIAL ACTS >> Subpart A -CHARTER OF THE CITY OF BOCA RATON >> ARTICLE V. -QUALIFICATIONS AND ELECTIONS >> Section 5.01. -Electors. Section 5.02. -Nonpartisan elections. Section 5.03. -Qualifications. Section 5.04. -Form of ballots. Sec. 5.05. -Elections. -Electors. Any person who is a resident of the city who has qualified as an elector of this state, and who registers in the procedural manner prescribed by Florida Statutes and ordinances of the city, shall be a qualified elector of the city. -Nonpartisan elections. All qualifications and elections for the office of city council member shall be conducted on a nonpartisan basis without regard for, or designation of, the political party affiliation of any nominee on any nomination petition or ballot. -Qualifications. A candidate for the office of city council member shall be a qualified elector of the city at the time of qualifying as a candidate, and a resident of the city for a period of not less than 30 days prior to the first day of the qualifying period for candidates. Candidates shall qualify during the first seven regular business days after February first by paying to the city clerk a qualifying fee of $25.00. (Ord. No. 2472, § 1, 3-21-78; Ord. No. 2956, § 1, 5-19-81) -Form of ballots. Charter amendment or ordinance. A charter amendment or ordinance or other ballot issue to be voted on by the electors shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described (amendment) (ordinance) (proposal) be adopted?" Immediately below such question shall appear, in the following order, the word "yes" and also the word "no" with a sufficient blank space thereafter to provide for marking or indicating the voter's choice. -Elections. Regular elections. The regular election shall be held on the second Tuesday of March of each year in which a term of the mayor or city council member expires (which shall be 2006, and every three years thereafter, for council member seats C and D, and 2008, and every three years thereafter, for the mayor and council member seats A and B). Number of votes. Each qualified voter shall be entitled to vote for one candidate for each seat for the office of Council Member to be filled. Council Member Seats. Candidates for the office of Council Member shall qualify for election to a specific Council Member seat designated A, B, C or D. No candidates for the office of Council Member shall be permitted to qualify for more than one (1) seat. Candidates for the office of Council Member shall be elected to seats A and B at the regular election in 2005, to seats C and D at the regular election in 2006, and thereafter as provided in subsection 5.05(a) above. When more than one candidate qualifies for a seat for Municode Page 1 of 2 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 (d) (e) the office of City Council Member, the order of the candidates on the ballot for such seat shall be in the order chosen by lot. The candidate for each seat receiving the greatest number of votes from the electors voting for that seat shall be declared elected without a runoff election. Single candidates. In the event only one candidate qualifies for a seat for the office of City Council Member, such candidate shall be declared elected without the necessity of being voted upon and shall assume office at the same time and in the same manner as if an election had been held. Mayor. In any election to the office of Mayor, candidates for the office shall be grouped in order chosen by lot. No person shall be a candidate for Mayor and for City Council Member in the same election. Each qualified voter shall be entitled to vote once for a candidate for the office of Mayor. In determining which candidate has been elected, the results of the mayoral election shall be determined separately from the results of the election to other council seats. The candidate for Mayor receiving votes from a plurality of electors voting for Mayor shall be declared elected. (Ord. No. 2438, § 1, 12-13-77; Ord. No. 2441, § 1, 12-13-77; Ord. No. 2444, § 1, 12-13-77; Ord. No. 4799, § 1, 8-24-04; Ord. No. 4919, § 1, 1-24-06) State law reference— Uniform election date for Palm Beach County, Laws of Fla., ch. 83-498. Municode Page 2 of 2 http://library.municode.com/print.aspx?clientID=10145&HTM Request=http%3a%2f%2flibrary... 3/3/2011 ARTICLE VI. -INITIATIVE, REFERENDUM AND RECALL PETITIONS Section 6.01. Section 6.02. Section 6.03. Section 6.04. Section 6.05. Boca Raton, Florida, Code of Ordinances >> VOLUME I -PART I CHARTER AND RELATED SPECIAL ACTS >> Subpart A -CHARTER OF THE CITY OF BOCA RATON >> ARTICLE VI. -INITIATIVE, REFERENDUM AND RECALL PETITIONS >> Section 6.01. -Initiative. Section 6.02. -Referendum. Section 6.03. -Recall. Section 6.04. -Commencement of proceedings. Section 6.05. -Petition procedure. Section 6.06. -Procedure for certification. Section 6.07. -Referendum petitions; suspension of effect of ordinance or resolution. Section 6.08. -Action on petitions. Section 6.09. -Results of election. -Initiative. The qualified voters of the city shall have power by petition to propose ordinances to the council and, if the council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a city election, provided that such power shall not extend to the budget or capital program or any ordinance relating to appropriations of money, levy of taxes or salaries of city officers or employees. -Referendum. The qualified voters of the city shall have power by petition to require reconsideration by the council of any adopted ordinance or resolution, and if the council fails to repeal an ordinance or resolution so reconsidered, to approve or reject it at a city election, provided that such power shall not extend to the budget, the capital program, any emergency ordinance, or any ordinance relating to appropriation of money, levy of taxes or salaries of city officers or employees. -Recall. The qualified voters of the city shall have the power by petition to remove from office any elected official of the city. Such recall procedure shall be in accordance with Florida Statutes. Grounds for removal shall include malfeasance, misfeasance, neglect of duty, drunkenness, incompetence, permanent inability to perform official duties, or the commission of a felony. -Commencement of proceedings. Any five (5) qualified voters may commence initiative or referendum proceedings by filing with the city clerk an affidavit stating they will constitute the petitioners' committee and be responsible for circulating the petition and filing it in proper form, representing the petitioners in any subsequent formal proceedings, and withdrawing a submitted petition. The affidavit shall specify the committee members' names and addresses and the address to which all notices to the committee are to be sent, and shall set out in full the proposed initiative ordinance or cite the ordinance or resolution sought to be reconsidered. An affidavit to commence referendum proceedings shall be filed within ten (10) days following the adoption of the ordinance or resolution sought to be reconsidered. Within five (5) calendar days after the affidavit of the petitioners' committee is timely filed, the clerk may, at the committee's request, issue the appropriate petition blanks to the petitioners' committee at the committee's expense. -Petition procedure. Municode Page 1 of 3 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 (a) (b) (c) (d) Section 6.06. (a) (b) (c) (d) Section 6.07. (a) (b) (c) (d) (e) Section 6.08. (a) Number of signatures. Initiative and referendum petitions must be signed by qualified voters of the city equal in number to at least fifteen (15) percent of the total number of votes cast in the last regular city election. Form and content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the name and address, in block letters, of the person signing. Petitions shall contain or have attached thereto throughout their circulation the full text of the ordinance proposed or the ordinance or resolution sought to be reconsidered. Affidavit of circulator. Each paper of a petition shall contain or have attached to it when filed an affidavit executed by the circulator thereof stating that the circulator personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in the circulator's presence, that the circulator believes them to be the genuine signature of the persons whose names they purport to be, and that each signer had an opportunity before signing to read the full text of the ordinance proposed or the ordinance or resolution sought to be reconsidered. Time for filing referendum petitions. Referendum petitions must be filed within thirty (30) days after adoption by the council of the ordinance or resolution sought to be reconsidered. (Ord. No. 2437, § 1, 12-13-77; Ord. No. 2473, § 1, 3-21-78) -Procedure for certification. Certificate of clerk. Within twenty (20) days after an initiative petition is filed or within ten (10) days after a referendum petition is filed, the city clerk shall complete a certificate as to its sufficiency, specifying, if it is insufficient, the particulars wherein it is defective and shall promptly send a copy of the certificate to the petitioner's committee by registered mail. Petition insufficiency. An initiative or referendum petition certified insufficient for lack of the required number of valid signatures may be amended only once if the petitioners' committee files a notice of intention to amend it with the clerk or other officer designated by the council within two (2) days after receiving the copy of the certificate and files a supplementary petition upon additional papers within ten (10) days after receiving the copy of such certificate. Such supplementary petition shall comply with the requirements of section 6.05, subsections (b) and (c). Within five (5) days after the supplementary petition is filed, the city clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' committee by registered mail, as in the case of an original petition. Certification to council. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' committee does not elect to amend or request council review under subsection (d) of this section within the time required, the city clerk shall promptly present the clerk's certificate to the council and the certificate shall then be a final determination as to the sufficiency or insufficiency of the petition. Council review. If a petition has been certified insufficient and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the committee may, within two (2) days after receiving the copy of such certificate, file a request that it be reviewed by the council. The council shall review the certificate at its next meeting following the filing of such request and approve or disapprove it, and the council's determination shall then be a final determination as to the sufficiency of the petition subject to the right of judicial review. -Referendum petitions; suspension of effect of ordinance or resolution. When the affidavit of the petitioners' committee, as specified in section 6.04, is timely filed with the city clerk, the ordinance or resolution sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when any of the following occurs: Thirty (30) days has expired following the adoption of the ordinance or resolution and no petition has been filed; There is a final determination of insufficiency of the petition; The petitioners' committee withdraws the petition; The council repeals the ordinance or resolution; or A vote of the city's electorate on the ordinance or resolution has been certified. -Action on petitions. Action by council. When an initiative or referendum petition has been finally determined sufficient, the council shall promptly consider the proposed initiative ordinance in the manner provided in Article III for nonemergency ordinances, or reconsider the referred ordinance or resolution by voting its repeal. If the council fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance or resolution within thirty (30) days, or if the council sooner takes Municode Page 2 of 3 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary ... 3/3/2011 (b) (c) Section 6.09. (a) (b) (c) final action having the same effect, the council shall submit the proposed or referred ordinance or resolution to the voters of the city. Submission to voters. The vote of the city on a proposed or referred ordinance or resolution shall be held not less than thirty (30) days and not later than sixty (60) days after the time provided in subsection (a) of this section for action by council has expired, or after the council sooner takes final action having the same effect, whichever occurs first. If no regular city election is to be held within the period prescribed by this subsection, the council shall provide for a special election. The council may, in its discretion, provide for a special election within the prescribed period at a date earlier than a regular election. Copies of the proposed or referred ordinance or resolution shall be made available at the polls. Withdrawal of petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the city by filing with the city clerk a request for withdrawal signed by at least four (4) members of the petitioners' committee. Upon the filing of such request, the petition shall have no further force or effect and all proceedings thereon shall be terminated. (Ord. No. 2437, § 1, 12-13-77) -Results of election. Initiative. If a majority of the qualified electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the council. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. Referendum. If a majority of the qualified electors voting on a referred ordinance or resolution vote against it, it shall be considered repealed upon certification of the election results. Recall. If a majority of the qualified electors voting on a recall of an elected city official vote for the recall, that official shall be removed from office upon certification of the election results and shall not be eligible to be appointed to the council within a period of two (2) years after being recalled; but such removal shall not constitute a disqualification to become a candidate for or be elected to the same or any other city office at some future time. Municode Page 3 of 3 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2fli brary... 3/3/2011 ARTICLE VII. -GENERAL PROVISIONS Section 7.01. (a) (b) (1) (2) (3) (c) Section 7.02. (a) (b) (c) Boca Raton, Florida, Code of Ordinances >> VOLUME I -PART I CHARTER AND RELATED SPECIAL ACTS >> Subpart A -CHARTER OF THE CITY OF BOCA RATON >> ARTICLE VII. -GENERAL PROVISIONS >> Section 7.01. -Charter amendment. Section 7.02. -Authentication, recording and disposition of charter amendments, ordinances and resolutions. Section 7.03. -Standards of ethics. Section 7.04. -Penalties. Section 7.05. -Limitation of number of dwelling units. Section 7.06. -Reserved. Section 7.07. -Protection of public beach. Section 7.08. -Gambling prohibited. Section 7.09. -Severability. Section 7.10. -Recreational facilities. -Charter amendment. This Charter may be amended in either of two (2) ways: Initiation by ordinance. The council may by ordinance propose amendments to any part or all of this Charter, except Article I prescribing boundaries, and upon passage of the initiating ordinance shall place the proposed amendment to a vote of the electors at the next general election held within the city or at a special election called for such purpose. Initiation by petition. The electors of the city may propose amendments to this Charter by petition signed by qualified voters of the city equal in number to at least ten (10) percent of the total number of qualified voters registered to vote in the last regular city election. Form and content. The city council shall by ordinance determine a standard form of petition which shall contain or have attached thereto throughout their [its] circulation the full text of the proposed charter amendment. Affidavit of circulator. Each paper of a petition shall contain or have attached to it when filed an affidavit executed by the circulator thereof stating that the circulator personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, that the circulator believes them to be the genuine signatures of the persons whose names they purport to be and that each signer had an opportunity before signing to read the full text of the proposed charter amendment. Certification of petition. Upon certification of the petition by the city clerk in accordance with the procedures established in section 6.06 for initiative petitions, the council shall place the proposed amendments to a vote of the electors not less than sixty (60) days after certification at the next regularly scheduled election or at a special election called for such purpose. In no event shall the charter amendment be voted upon later than three (3) months from the date of certification. Form of ballot. The form of the ballot shall be as prescribed in section 5.04 of this Charter. -Authentication, recording and disposition of charter amendments, ordinances and resolutions. Authentication. The mayor and the city clerk shall authenticate by their signatures all ordinances and resolutions adopted by the council. In addition, when charter amendments have been approved by the electors, the mayor and the city clerk shall authenticate by their signatures the charter amendment, such authentication to reflect the approval of the charter amendment by the electorate. Recording. The city clerk shall keep properly indexed books in which shall be recorded, in full, all ordinances and resolutions passed by the council. Ordinances shall, at the direction of the council, be periodically codified. The city clerk shall also maintain the city charter in current form and shall enter all charter amendments and send a copy of the revised charter incorporating amendments to the department of state. Municode Page 1 of 3 http://library.municode.com/pri nt.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 Section 7.03. Section 7.04. Section 7.05. Section 7.06. Section 7.07. Section 7.08. Section 7.09. Section 7.10. Printing. The council shall by ordinance establish procedures for making all resolutions, ordinances, technical codes adopted by reference, and this Charter available for public inspection and for purchase at a reasonable price. -Standards of ethics. All elected officials and employees of the city shall be subject to the standards of conduct for public officers and employees set by Florida Statutes. In addition, the council may by ordinance establish a code of ethics for officials and employees of the city which may be supplemental to Florida Statutes, but in no case may an ordinance diminish the provisions of Florida Statutes. -Penalties. Violations of ordinances shall be punishable in accordance with the fines and penalties set by ordinance or by Florida Statutes. -Limitation of number of dwelling units. The total number of dwelling units within the boundaries of the City of Boca Raton as they exist at the time of adoption by the voters of this Charter is limited to 40,000. No building permit shall be issued for the construction of any dwelling unit within the City of Boca Raton which would permit the total number of dwelling units within the city as it is described in article I at the time of adoption of the Charter to exceed 40,000. Case law reference—Former Charter § 12.09, from which this section is derived, was declared invalid, City of Boca Raton v. Boca Villas, 371 So.2d 154(1979). -Reserved. Editor's note— Section 7.06, providing that no city funds be expended in any manner to accrue, directly or indirectly, to the benefit of any religious, charitable, benevolent, civic or service organization, was repealed by § 1 of Ordinance Number 3115, adopted July 13, 1982, and approved at an election held Sept. 7, 1982. -Protection of public beach. The city council shall not in any manner alienate from the public the public beach, or any part thereof, of the City of Boca Raton, except upon approval of of the proposed action at a referendum election. -Gambling prohibited. No gambling shall be permitted within the corporate limits of the city, except that bingo or guest games may be allowed only to the extent specifically authorized by Florida Statutes. Editor's note— Ordinance Number 2328, § 1, adopted Dec. 28, 1976, and ratified by the voters at an election held February 1, 1977, provided a Charter amendment relative to gambling to read as set out herein. Section 5 of the ordinance provided that the amendment should be applicable to either the proposed Charter set out herein or to the then existing city Charter. -Severability. If any article, section, subsection, sentence, clause, or provision of this Charter or the application thereof shall be held invalid for any reason, the remainder of the Charter and any ordinances or regulations made thereunder shall remain in full force and effect. -Recreational facilities. User fees for city recreational facilities located outside the city limits shall bear a surcharge of not less than twenty-five (25) percent to be paid by users who are not residents of the city. (Ord. No. 2880, § 1, 12-16-80) Municode Page 2 of 3 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 Editor's note— The amendment to the Charter promulgated by Ordinance Number 2880 was approved at an election held March 10, 1981. Municode Page 3 of 3 http://library.municode.com/print.aspx?clientID= 10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 ARTICLE VIII. -TRANSITION PROVISIONS Section 8.01. Section 8.02. Section 8.03. Section 8.04. Section 8.05. Boca Raton, Florida, Code of Ordinances >> VOLUME I -PART I CHARTER AND RELATED SPECIAL ACTS >> Subpart A -CHARTER OF THE CITY OF BOCA RATON >> ARTICLE VIII. -TRANSITION PROVISIONS >> Section 8.01. -Former Charter provisions. Section 8.02. -Ordinances preserved. Section 8.03. -Rights of officers and employees. Section 8.04. -Pending matters. Section 8.05. -Deletion of obsolete schedule items. -Former Charter provisions. Except as provided by Florida Statutes, any office, board, commission or other agency of the City of Boca Raton, existing at the time of adoption of this Charter revision, except the city council and the city manager, may by ordinance be abolished and the duties and functions transferred to such other employee, office, board or commission as deemed appropriate. -Ordinances preserved. All ordinances in effect at the time of the adoption of this Charter and consistent with it shall remain remain in effect until repealed or changed as provided herein. -Rights of officers and employees. Nothing in this Charter, except as otherwise specifically provided, shall affect or impair the rights of persons who are city officers or employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the duties thereof until their successors are elected and certified. -Pending matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as may be modified herein. -Deletion of obsolete schedule items. The council shall have power by ordinance to delete from this Article VIII any section, including this one, when all events to which the section to be deleted is or could become applicable have occurred. Municode Page 1 of 1 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 ARTICLE I. -GREATER BOCA RATON BEACH TAX DISTRICT Section 1. Section 2. (1) Boca Raton, Florida, Code of Ordinances >> VOLUME I -PART I CHARTER AND RELATED SPECIAL ACTS >> Subpart B -RELATED SPECIAL ACTS >> ARTICLE I. -GREATER BOCA RATON BEACH TAX DISTRICT >> [2] Section 1. -Special tax district [created]. Section 2. -Board of commissioners; elections; bond required. Section 3. -Purposes and obligations. Section 4. -Powers. Section 5. -Duties. Section 6. -Procedure for payment of funds. Section 7. -Purchases. Section 8. -Levy and collection of taxes; procedure. Section 9. -Payment of expenses. Section 10. -Construction of act. Section 11. -Severability. Section 12. -[Effective date; referendum.] -Special tax district [created]. A special taxing district is hereby created, to be known as the Greater Boca Raton Beach Tax District for the acquisition of beach property, which said district shall embrace and include the following described property lying in Townships 46 and 47 South, Ranges 42 and 43 East, Palm Beach County, Florida: Begin at the intersection of the mean high water line of the Atlantic Ocean and the Broward County-Palm Beach County line; thence run westerly along said Broward County-Palm Beach County line to a point of intersection with the easterly right-of-way line of the Florida State Turnpike, according to the right-of-way maps as recorded in the public records of Palm Beach County, Florida; thence run northerly along the easterly right-of-way line of said turnpike through Section[s] 33, 28, 21, 16, 9, and 4 to a point on the township line between Townships 46 and 47 South, said point located where the township line intersects the easterly right-of-way of Florida State Turnpike; thence run easterly along said township line to a point of intersection with the westerly corporate limit boundary of the City of Boca Raton which lies in Section 31, Township 46 South, Range 43 East; thence run northerly along the west line of said corporate limit boundary which lies in Section 31, to a point of intersection with the north boundary of Section 31, said point also being on the center line of the Central and Southern Florida Flood Control District C-15 Canal; thence easterly along the center line of said C-15 Canal through the easterly part of Section 31, and Sections 32 and 33, Township 46 South, Range 43 East to the intersection with the center line of the right-of-way of the Intracoastal Waterway; thence run southerly along the center line of the right-of-way of the Intracoastal Waterway through Section 33, Township 46 South, Range 43 East and Sections 4 and 9, Township 47 South, Range 43 East to a point of intersection with the center line of the right-of-way of the Intracoastal Waterway and a line at 1,333.86 feet south of and parallel to the north line of Section 9, Township 47 South, Range 43 East; thence run easterly along a line which is 1,333.86 feet south of and parallel to the north line of Section 9 to the mean high water line of the Atlantic Ocean; thence run southerly along the mean high water water line of the Atlantic Ocean to a point of intersection with the county line between Palm Beach County and Broward County, said point being the point of beginning. (Sp. Acts, Ch. 75-330, § 1; Sp. Acts, Ch. 76-323, § 1) -Board of commissioners; elections; bond required. The district shall be governed by a board of five (5) commissioners, who shall serve without compensation. Three (3) of the commissioners shall reside within the corporate boundary of the City of Boca Raton and the remaining two (2) commissioners shall reside within the remainder of the district. All of the commissioners shall be elected at large by the qualified electors of the tax district as follows: The commission seats shall be numbered one (1) through five (5), with seats one (1) through three (3) for commissioners residing within the City of Boca Raton and seats four (4) and five (5) for commissioners residing within the remainder of the district. Odd-numbered seats shall be filled for initial four-year terms and even-numbered seats shall be filled Municode Page 1 of 5 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 (2) (3) (4) (5) (6) Section 3. (1) for initial two-year terms at the election of commissioners in 1976. Thereafter, all terms shall be of four (4) years in length. The commissioners shall be electors qualified to vote in order to be eligible for election to the board of commissioners. The commissioners shall be known and designated as the board of commissioners of the Greater Boca Raton Beach Tax District. The terms of commissioners serving on the effective date of this act shall expire upon the assumption of office of commissioners elected pursuant to this section. A majority of the members of the board of commissioners shall constitute a quorum. On any vote of the board to set the annual millage, set the annual budget, or carry out any of the purposes of this act as enumerated in section 3, a minimum of three (3) affirmative votes shall be necessary. The board shall cause true and accurate minutes and records to be kept of all business transacted by them, and shall keep full, true, and complete books of account and minutes which shall at all reasonable times be open and subject to the inspection of the public. The term of office of each commissioner shall begin on January 1 following the election at which the commissioner is elected. The governor shall have the power to remove any member of the board for cause and shall fill any vacancies that may at any time occur therein. Commissioners shall be elected at the first and second nonpartisan election. The first nonpartisan election shall be held at the time of the first primary election provided for by Section 100.061, [Florida Statutes]. The second nonpartisan election shall be held at the time of the second primary election provided for by Section 100.091, [Florida Statutes]. No reference to political party affiliation shall appear on any ballot with respect to any candidate for the board. The board shall be elected on separate nonpartisan ballots in a form similar to that for the nonpartisan election of judicial officers. Candidates shall qualify with the clerk of the City of Boca Raton no earlier than noon of the sixty-third day, and no later than noon of the forty-ninth day, prior to the date of the election upon filing an oath or affirmation substantially the same as that required of judicial candidates by Section 105.031(4), Florida Statutes. The board shall convene as soon as practicable after January 1 each year and shall elect a chairman and such other officers as it determines necessary for the efficient management of the affairs of the district. Such officer shall hold office subject to an annual election by the board in January of each year. Each commissioner shall be required to give bond to the governor for faithful performance of his or her duties in the sum of five thousand dollars ($5,000.00) with a surety company qualified to do business in the state as surety, which bond shall be approved and kept by the clerk of the circuit court of Palm Beach County. The premium on the bond shall be paid as part of the expenses of the district. (Sp. Acts, Ch. 76-323, § 2) -Purposes and obligations. The sole purposes and obligations of the tax district shall be: To first reimburse the City of Boca Raton the actual costs of debt service of acquisition, maintenance, operation, and debt service of improvements of the real property commonly known as the Schine and Butler Tracts, more fully described as follows: Parcel No. 1: That part of the south 1,181.65 feet of the north 2,571.65 feet of Government Lot 1, Section 21, Township 47 South, Range 43 East, Palm Beach County, Florida, lying east of State Road No. A-1-A, together with riparian and littoral rights, if any, appurtenant thereto. Parcel No. 2: Parcel B-1 and the south 200 feet of Parcel B-3 as measured at right angles to the south Boundary thereof of Sun and Surf Club Community, a subdivision in Boca Raton, Florida, according to the plat thereof recorded in the public records of Palm Beach County, Florida, in Plat Book 27, beginning at page 114, together with the riparian and littoral rights, if any, appurtenant thereto. Parcel No. 3: That part of the south 618.35 feet of the north 1,590 feet of Government Lot 1, Section 21, Township 47 South, Range 43 East, Palm Beach County, Florida, lying east of State Road No. A-1-A, together with all riparian and littoral rights, if any, appurtenant thereto. Parcel No. 3A: The east 300 feet of Parcel B-3 in Sun and Surf Club Community, less the south 200 feet as measured at right angles to the south boundary thereof of Sun and Surf Club Community, a subdivision in Boca Raton, Florida, according to the plat thereof recorded in the public records of Palm Beach County, Florida, in Plat Book 27, beginning at page 114, together with riparian and littoral rights, if any, appurtenant thereto. Parcel No. 3B: Parcel B-3 (except the east 300 feet thereof) in Sun and Surf Club Community, a subdivision in Boca Raton, Florida, according to the plat thereof recorded in the public records of Palm Beach County, Florida, in Plat Book 27, beginning at page 114, together with riparian and littoral rights, if any, appurtenant thereto. Parcel No. 4: The south 150 feet of the north 771.65 feet of Section 21, Township 47 South, Range 43 East, as the same is located by the boundary agreement and the plat recorded in the office of the clerk of the circuit court in and for Palm Beach County, Florida, in Plat Book 18, at page 1, together with riparian rights and littoral rights, if any, appurtenant thereto. Municode Page 2 of 5 http://library.municode.com/print.aspx?cli entID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 (2) Section 4. Section 5. (1) (2) (3) (4) Parcel No. 5: The south 142.98 feet of the north 621.65 feet of Government Lot 1, Section 21, Township 47 South, Range 43 East, Palm Beach County, Florida, together with riparian and littoral rights, if any, appurtenant thereto. Parcel No. 6: The south 271.20 feet of Government Lot 4, Section 16, Township 47 South, Range 43 East, and the north 478.67 feet of Government Lot 1, Section 21, Township 47 South, Range 43 East, being a parcel 749.87 feet in width extending from the ocean on the east to Lake Wyman and the Intracoastal Waterway on the west and being the parcel designated as Parcel No. 2 on the plat recorded in Plat Book 18, at page 1, Palm Beach County public records, together with riparian and littoral rights, if any, appurtenant thereto. Parcel No. 7: All that part of the north 699.83 feet of the south 971.03 feet of Section 16, Township 47 South, Range 43 East, lying between the waters of the Atlantic Ocean on the east and the waters of Lake Wyman on the west, together with riparian and littoral rights, if any, appurtenant thereto. Parcel No. 8: That tract of land in Section 21, Township 47 South, Range 43 East, bounded as follows: on the east by the Atlantic Ocean; on the west by State Road No. A-1-A (formerly No. 140) as the same is now laid out and in use; on the north by a line parallel to and 2,571.65 feet south of (measured at right angles) the north line of said Section 21; and on the south by a line parallel to and 2,771.65 feet south of (measured at right angles) the north line of said Section 21, Palm Beach County, Florida. Parcel No. 9: A tract of land in Section 21, Township 47 South, Range 43 East bounded as follows: on the east by the Atlantic Ocean; on the west by State Road A-1-A as the same is now laid out and in use; on the north by a line parallel to and 2,771.65 feet south of (measured at right angles) the north line of said Section 21 and on the south by a line parallel to and 2,871.65 feet south of (measured at right angles) the north line of said Section 21, said tract of land lying in Boca Raton, Palm Beach County, Florida. To reimburse the City of Boca Raton, from other available revenues of the district, the actual costs of debt service of acquisition, maintenance, operation, and debt service of improvements on existing or future beach or park properties, or to acquire, maintain, operate, or improve beach or park properties as provided in section 4. (Sp. Acts, Ch. 76-323, § 3) -Powers. The board shall have all the powers as a body corporate, including the power to sue and be sued under the name of the Greater Boca Raton Beach Tax District; to contract and be contracted with; to borrow money; to adopt and use a corporate seal; to purchase or lease such real and personal property as is necessary and proper to maintain office space required to accomplish the purposes of this act; to purchase, lease, or acquire through exercise of the power of eminent domain real property for beach or park purposes, subject to the concurrence of the city council of the City of Boca Raton or to the approval of the tax district electorate by referendum, and to maintain, operate, or improve such property; and to carry out the provisions of this act in the manner hereinafter provided. (Sp. Acts, Ch. 76-323, § 4; Sp. Acts, Ch. 85-481, § 1) -Duties. The board shall be authorized, empowered, and directed annually to levy upon all of the nonexempt real property and nonexempt tangible personal property and inventory in the district a sufficient tax necessary for the purpose and needs of said district incurred in the exercise of the powers and purposes herein granted. However, the tax levied shall not exceed, in any event, two mills unless approved by the electors residing within the district at a referendum election held for such purpose. The board shall also be authorized to accept donations from either private or governmental sources of any kind. If, in the sole judgment of the board, the purposes of this act have been undertaken and carried out by some other public public or private body or corporation, then, in such event, the board is directed to withhold, reduce, or eliminate its expenditures taking into consideration the expenditures which the other public or private body or corporation is obligated to expend in carrying out the same purposes of this act. If, prior to this act becoming law, the City of Boca Raton shall have undertaken to acquire real property for the same purposes as this act, the board of commissioners of the district shall enter into whatever transactions are necessary in order to reimburse the taxpayers of the City of Boca Raton of the costs of the acquisition of such real property to accomplish the purpose of spreading the tax burden for the cost of acquisition of such lands. In order to accomplish the shifting of liabilities for the acquisition of such lands, the district board shall be empowered to purchase, lease, or otherwise acquire such real property from the City of Boca Raton should the city deem such actions desirable. Should the boundaries of the City of Boca Raton, by annexation, encompass the same boundaries as the district, then the district, upon retiring and satisfying all of its obligations and liabilities, shall cease to function and its assets shall be assigned and transferred to the City of Boca Raton or its corporate successor. (Sp. Acts, Ch. 76-323, § 5) Municode Page 3 of 5 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2fli brary... 3/3/2011 Section 6. Section 7. Section 8. Section 9. Section 10. Section 11. Section 12. -Procedure for payment of funds. The funds of the district shall be paid out only upon warrant signed by the chairman of the board or a majority of the commissioners, and no warrant shall be drawn or issued against funds of the district except for a purpose authorized by this act. (Sp. Acts, Ch. 76-323, § 6) -Purchases. All purchases or leases of supplies, equipment, materials, or office space for use in the operation and maintenance of the district in excess of $1,000.00 shall be approved by the board only after competitive bids shall have been sought from at least 3 different sources of supply. However, if less than 3 different sources are available, competitive bids shall be accepted from whatever sources are available. During emergencies, the board may, by resolution, authorize the purchase or lease of designated supplies and equipment in excess of the abovementioned limitations without competitive bidding. (Sp. Acts, Ch. 76-76-323, § 7) -Levy and collection of taxes; procedure. The levy of taxes authorized by this act shall be by resolution duly entered upon the minutes of the board. Certified copies of such resolution executed in the name of the board by its chairman, under its corporate seal, shall be made and delivered to the board of county commissioners of Palm Beach County within a reasonable time and as is necessary to meet the legal requirements for the levying of taxes by the county commissioners. It shall be the duty of the tax collector of Palm Beach County to collect the amount of taxes so levied by the board of commissioners of the Greater Boca Raton Beach Tax District upon the nonexempt taxable property in the district for said year in the same manner as other taxes are collected, and pay the same over to the district board within the time and in the manner prescribed by law for the payment by the tax collector of county taxes to the county depository. The taxes shall be levied upon the assessed value of taxable property in the district as is determined by the county property appraiser. All such taxes shall be held by the district board and paid out by its [it] as provided in this act. The board is authorized to pay necessary expenses to the county property appraiser and tax collector for the assessment and collection of taxes on a reasonable basis as required. (Sp. Acts, Ch. 76-323, § 8) -Payment of expenses. The board is authorized to pay all expenses necessarily incurred in the organization of the board and in the formation of the district, and all other reasonable and necessary expenses, costs, and fees incurred in accomplishing the purposes of this act. (Sp. Acts, Ch. 76-323, § 9) -Construction of act. It is intended that the provisions of this act shall be liberally constructed for accomplishing the work authorized and provided for or intended to be provided for in this act, and where strict construction would result in the defeat of the accomplishment of any part of the work authorized by this act, and a liberal construction would permit or assist in the accomplishment thereof, the liberal construction shall be chosen. -Severability. Any clause or section of this act, which for any reason may be held or declared invalid, may be eliminated and the remaining portion or portions thereof shall be and remain in full force and be valid, as if such invalid cause or section had not been incorporated therein. -[Effective date; referendum.] This act shall become effective only upon its approval by a majority of the electors voting in a referendum election to be held in the area described in section 1 of this act. Such election shall be called by the board of county commissioners of Palm Beach County to be held within ninety (90) days from the date this act is filed with the department of state. Any person residing within the geographical boundaries of the area who is qualified to vote in Municode Page 4 of 5 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 state and county elections shall be eligible to vote in the referendum election to be held for approval or rejection of this act. FOOTNOTE(S): (2) Editor's note— Printed herein is Laws of Fla., ch. 74-423 regarding Greater Boca Raton Beach Tax District as enacted by the state legislature. Obviously misspelled words have been corrected without notation. Words added for clarification have been added in brackets. Amendments have been included and are indicated by a history note immediately following the amended section. (Back) Municode Page 5 of 5 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 ARTICLE II. -BOCA RATON AIRPORT AUTHORITY Section 1. Section 2. (1) (2) (3) (4) (5) (6) (7) Section 3. Section 4. (1) (2) (3) Boca Raton, Florida, Code of Ordinances >> VOLUME I -PART I CHARTER AND RELATED SPECIAL ACTS >> Subpart B -RELATED SPECIAL ACTS >> ARTICLE II. -BOCA RATON AIRPORT AUTHORITY >> [3] Section 1. -Short title. Section 2. -Definitions. Section 3. -Authority; creation and purpose. Section 4. -Membership; terms of office; officers; quorum; meetings; removal. Section 5. -Powers and duties. Section 6. -Compensation and travel expenses. Section 7. -Budget. Section 8. -Airport manager. Section 9. -Relationship between the authority, city, county, and state. Section 10. -Title to airport land. Section 11. -Liabilities. -Short title. This act may be cited as the Boca Raton Airport Authority Act. -Definitions. As used in this act: Airport means the state-owned land within the territorial limits of the City of Boca Raton now known as the Boca Raton Airport. Authority means the Boca Raton Airport Authority. City means the City of Boca Raton. City council means the governing body of the City of Boca Raton. County means Palm Beach County. County commission means the board of county commissioners of Palm Beach County. Project means and includes the acquisition, improvement, or maintenance of real or personal property within the boundaries of the Boca Raton Airport. -Authority; creation and purpose. There is hereby created a body politic and corporate to be known as the Boca Raton Airport Authority. The exercise by the authority of the powers conferred upon it by this act will be deemed to be for an essential and proper public purpose. -Membership; terms of office; officers; quorum; meetings; removal. The authority shall consist of seven members. As a condition of eligibility for appointment and to hold office, five members must reside within the municipality, and two members must reside within the Greater Boca Raton Reserve Area, as defined in chapter 67-1112, Laws of Florida. Of the five municipal residents, three must reside east of the airport, one must reside west of the airport, and one may reside anywhere in the municipality. The county commission shall appoint two members, each of whom must reside within the Greater Boca Raton Reserve Area. The city council shall appoint the five members who must reside within the limits of the municipality as specified in subsection (1). The term of office for each member shall be two years. Each term shall expire on June 1 in the year of expiration of the term. The county and Boca Raton Pilots Association members' terms shall expire in odd years and the other members' terms shall expire in even years. Municode Page 1 of 3 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2fli brary... 3/3/2011 (4) (5) (6) (7) (8) Section 5. (1) (2) (3) (4) (5) (6) (7) (8) (9) (10) (11) (12) (13) Section 6. Section 7. (1) (2) A chairman, vice-chairman, and secretary shall be chosen by and from the authority membership. The term of office for the chairman, vice-chairman, and secretary shall be one year, and no member shall hold the same office for more than two consecutive terms. A quorum shall consist of three members, but the affirmative vote of not less than three members shall be necessary to take any action except to adjourn. The authority shall meet at least once each month at such times and places within the city as shall be determined by the authority. Any member may be removed by the commission or council which appointed that member, but only for grounds constituting misfeasance, malfeasance or nonfeasance in office, or upon conviction of any crime. The unexcused failure to attend three consecutive regular meetings of the authority shall be deemed nonfeasance, without limiting the meaning of that term. Vacancies in office shall be filled by the appropriate appointing entity for the balance of the term. Each appointment to fill a vacancy shall be made from a list of nominees furnished by the entity which nominated the member who held the office. In such cases, the list of nominees shall be filed not later than 30 days after notice of the vacancy has been given to the nominating entity. (Sp. Acts, Ch. 91-381, § 1; Sp. Acts, Ch. 99-421) -Powers and duties. The authority shall have jurisdiction over the operation and maintenance of and improvements to the Boca Raton Airport. The authority shall have the following specific powers and duties: To enter into contracts and to sue and be sued in its own name; To acquire real and personal property; To let or lease the airport or any portion of the airport, including the buildings and hangars thereon, and to grant concessions upon such terms and conditions as it shall deem proper; To employ necessary personnel, including an airport manager, whose duties and salaries shall be prescribed by the authority; To accept revenues from the operation of the airport and to accept gifts, grants, and other revenues; but the authority shall not have the power to levy or collect ad valorem taxes; To adopt a budget annually, and to amend it during the fiscal year; To adopt rules for the regulation of its affairs and the conduct of its business, and rules for the operation of the airport and aircraft, including but not limited to safety and noise abatement rules, and to enforce and administer all such rules; To adopt and alter an official seal; To maintain an office within the city; To construct, reconstruct, improve, equip, repair, maintain, and operate the airport and such buildings, structures, roads, alleyways, and any other development of land as the authority shall determine to be necessary and proper in the performance of the duties and purposes of this act, within the boundaries of the airport; To issue revenue bonds or refunding bonds of the authority to pay the cost of such acquisition, construction, reconstruction, improvement, or equipment; To fix and revise from time to time and to collect rates, fees, and other charges for the use of or for the services and facilities furnished by or at the airport; and To do all acts and things necessary or convenient to carry out the purposes of the authority. -Compensation and travel expenses. The members shall receive no salary or other compensation for their services as members of the authority except a fee of one hundred dollars ($100.00) for attending each regular monthly meeting of the authority. Compensation of members shall be limited to twelve hundred dollars ($1,200.00) per member per annum. The authority shall also have authority to pay reasonable costs and expenses necessarily incurred by the members in performance of their duties. The rate for travel expenses shall not exceed the rate for state employees. (Sp. Acts, Ch. 83-371, § 1) -Budget. The authority shall during each fiscal year prepare and adopt an annual budget for such revenue and expense accounts as the authority shall prescribe for its operations in the ensuing fiscal year. The fiscal year of the authority shall be the same as that of the city. The budget shall include all estimated revenues and all estimated expenditures for the ensuing fiscal year. Municode Page 2 of 3 http://library.municode.com/print.aspx?clientID=10145&HTMRequest =http%3a%2f%2flibrary... 3/3/2011 Section 8. Section 9. Section 10. Section 11. The remaining balance in the operations trust fund established in the State General Appropriations Act for 1981-1982 shall be transferred from the department of transportation to the authority upon the effective date of this act. -Airport manager. The authority shall employ an aviation-experienced airport manager to administer all airport operations and to supervise all airport projects. The decision to employ or terminate the employment of the airport manager shall require the four-fifths vote of the members of the authority. -Relationship between the authority, city, county, and state. The authority shall have the power and responsibility to operate the airport in a manner consistent with applicable federal and state law and the objectives of the county and the city. The authority shall comply with appropriate police powers of the county or of the city respecting the operation and development of an airport. Applicable building codes of the city shall apply to all construction upon the airport, except to the extent that different state or federal requirements are expressly applicable, and except to the extent that the authority or the airport has been made exempt from any requirement of the city by state or federal law. All construction upon the airport shall be subject to inspection by the city on behalf of the state, and the city inspectors may ensure compliance with applicable state regulations for such construction in addition to applicable city regulations. -Title to airport land. The title to the land comprising the Boca Raton Airport shall continue to be vested in the Board of Trustees of the Internal Improvement Trust Fund of the state. Within 1 year after the effective date of this act, the airport shall be leased to the authority by a transfer of the existing lease between the Board of Trustees of the Internal Improvement Trust Fund and the Florida Board of Regents for the balance of the term of the lease. Nothing in this act shall be construed to impair impair the obligations of any agreement between the state or any of its agencies and the fixed base operator of the airport entered into as of effective date of this act. -Liabilities. The authority shall be liable for its obligations and for damages caused by the negligent acts or omissions of the authority. The authority shall be deemed to be an agency of the state for the purposes of section 768.28, Florida Statutes. FOOTNOTE(S): (3) Editor's note— Printed herein is Laws of Fla., ch. 82-259 regarding the Boca Raton Airport Authority enacted by the state legislature. Obviously misspelled words have been corrected without notation. Words added for clarification have been added in brackets. Amendments have been included and are indicated by a history note immediately following the amended section. (Back) Municode Page 3 of 3 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 CHARTER COMPARATIVE TABLE -ORDINANCES Ordinance Number Date Section Section this Charter 2326 1-7-77 1 1.01— 8.05 2366 4-26-77 2 3.18— 3.21 2425 4-11-78 1 1.02 4 1.02 2437 12-13-77 1 6.05 6.08 2438 12-13-77 1 3.05 5.05 2441 12-13-77 1 3.03 3.05 3.08 5.05 2444 12-13-77 1 3.05 3.08 5.05 12-31-77 1 3.03 2472 3-21-78 1 5.03 2473 3-21-78 1 6.05 2498 6-27-78 2 1.02 4 1.02 2520 11-4-78 2 1.02 4 1.02 2632 12-4-79 1.02 2711 3-4-80 1.02 2724 1-22-80 1 3.11 2725 1-22-80 1 4.04 2880 12-16-80 1 7.10 2956 5-19-81 1 5.03 3048 1-26-82 1 1.02 3077 4-13-82 2 1.02 3213 9-13-83 1.02 3215 8-9-83 1.02 3222 8-9-83 1.02 3273 5-22-84 1 1.02 3365 1-8-85 1 1.02 3369 12-18-84 1 1.02 4088 3-30-93 1 3.03 4415 11-10-98 2 1.02 4510 4-25-00 1 3.09(c) Boca Raton, Florida, Code of Ordinances >> ->> ->> CHARTER COMPARATIVE TABLE -ORDINANCES >> This table shows the location of the sections of the basic Charter and any amendments thereto. Municode Page 1 of 2 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 4548 11-14-00 1 3.09(c) 4564 1-23-01 1 3.09(c) 4717 7-22-03 1.02, 2.03 4718 7-22-03 1.02, 2.03 4719 7-22-03 1.02, 2.03 4734 7-23-03 1.02, 2.03 4795 9-18-04 1.02, 2.03 4796 9-18-04 1.02, 2.03 4799 8-24-04 1 5.05 4919 1-24-06 1 3.03, 5.05 5004 10-23-07 2 1.20 Municode Page 2 of 2 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 CHARTER AND RELATED SPECIAL ACTS COMPARATIVE TABLE -LAWS OF FLORIDA Chapter Section Section this Charter 74-423 Subpt. B, Art. I 75-330 1 Subpt. B, Art. I, § 1 76-323 1—9 Subpt. B, Art. I, § 1— Subpt. B, Art. I, § 9 82-259 1—11 Subpt. B, Art. II 83-371 1 Subpt. B, Art. II, § 6 85-481 1 Subpt. B, Art. I, § 4 91-381 1 Subpt. B, Art. II, § 4 99-421 Subpt. B, Art. II, § 4 Boca Raton, Florida, Code of Ordinances >> ->> ->> ->> ->> ->> CHARTER AND RELATED SPECIAL ACTS COMPARATIVE TABLE -LAWS OF FLORIDA >> This table shows the location of Special Acts as contained in the Charter and Related Special Acts. Municode Page 1 of 1 http://library.municode.com/print.aspx?clientID=10145&HTMRequest=http%3a%2f%2flibrary... 3/3/2011 PART I CHARTER Art. I. In General, §§ 1—14 Art. II. City Commission, §§ 15—37 Art. III. Municipal Court, §§ 38—48 Art. IV. Administration, §§ 49—71 Art. IVA. Merit System For Personnel, §§ 72—72.13 Art. V. Revenue and Taxation, §§ 73—129 Art. VI. Reserved, §§ 130—137 Art. VII. Elections, §§ 138—155 Art. VIII. Public Improvements and Assessments, §§ 156—169 Art. IX. Contracts and Leases of Beach Property, §§ 170—171 *Editor's note-The present Charter of the city was enacted by Laws of Fla. 1947, Ch. 24398, which has been amended frequently both by special acts and by ordinances. The sections of the original act (Ch. 24398, 1947) filed in the office of the Secretary of State were misnumbered by omission of section number 77. The printers of the Special Acts of 1947 corrected this error by renumbering starting with § 77. However, they omitted section number 155. Consequently, the section numbers of the original act and those in the published Special Acts of 1947 agree from §§ 1—76 and from § 156 on. In preparing the 1958 Code of Ordinances of the City, the editors reorganized the Charter into articles and renumbered its sections. The editors of this compilation have adopted the same organization and numbering used by their predecessors. However, note that the source of each section is shown in parentheses following the section. Words and phrases have been added in brackets where necessary to clarify meaning. Ord. No. 87-4, §§ 1—3, adopted Feb. 3, 1987, provided that the name and title of the legislative body of the city be changed from “city council” to “city commission” and that all references within the Charter and Code of Ordinances to the terms city council or councilman shall be synonymous to the terms city commission or city commissioner until such time as recodification of the Charter and Code of Ordinances is required; see also, §§ 1-2 and 2-1.1 of the Code of Ordinances. Prior to such recodification, the above noted changes will be made in the Code as pages are necessarily updated through the supplement service pursuant to the city's instructions; and such changes will be made in the Charter only as prescribed by subsequent amendments to specific sections. ARTICLE I. IN GENERAL Sec. 1. Reserved Page 1 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 1 pertaining to the abolition of existing government. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 1. Sec. 2. Title to property reserved. That the rights, title, ownership of property, uncollected taxes, dues, claims, judgments, decree, choses in action, held and owned by the municipality of the City of Boynton Beach, County of Palm Beach, State of Florida, shall pass to and be vested in the new municipal corporation hereby created and established to succeed such municipality. (Laws of Fla. 1947, Ch. 24398, § 2) Sec. 3. Obligations unimpaired. That the present territory which is responsible for the bonds, contracts, judgments, and debts of the City of Boynton Beach and all property included therein shall be held responsible for and be bound for all of said bonds, contracts, judgments, and debts now held against said city. That no obligations or contracts of said municipality hereby abolished, including bonds heretofore issued, or any proceeding heretofore begun for any improvement, or for the borrowing of money, or issuing of bonds, or for the refunding of bonds, shall be impaired or avoided by this Act. (Laws of Fla. 1947, Ch. 24398, § 3) Sec. 4. Officers hold until successors qualify; existing laws continued. That all the officers heretofore elected or appointed and holding office under the old City of Boynton Beach, Palm Beach County, Florida, shall continue to hold their respective offices and to discharge the duties thereof until their successors are elected and qualified under the provisions of this Act; and all existing laws and ordinances of the said municipality not in conflict with the provisions of this Act shall continue unimpaired and of binding effect until repealed, amended or modified by the municipality hereby created and organized. (Laws of Fla. 1947, Ch. 24398, § 4) Sec. 5. Establishment of new municipality. The Municipality to be known and designated as the City of Boynton Beach is hereby established, organized and constituted in the County of Palm Beach, State of Florida, and the inhabitants of the City of Boynton Beach, Florida, within the boundaries hereinafter described and designated or within such boundaries as may hereinafter be established, is hereby created, organized and established, and shall continue to be a body politic and corporate under the name of the City of Boynton Beach, and as such shall have perpetual succession, may use a common seal, may contract and be contracted with, and may sue and be sued, plead and be impleaded in all the courts of this state and in all matters whatsoever. (Laws of Fla. 1947, Ch. 24398, § 5) Sec. 6. Boundaries. Editor's note-The boundaries of the city were described originally by Laws of Fla. 1947, Ch. 24398, § 6, as amended by Laws of Fla. 1955, Ch. 30588, § 1; Laws of Fla. Ch. 61-1888, § 1; and Laws of Fla. Ch. 68-81. Said 1968 act completely redescribed the boundaries. Further annexations have been made by the following ordinances: Ord. No. Date Ord. No. Date 62-7 6-6-4-62 72-17 6-20-72 62-8 6-4-62 72-20 8-1-72 62-15 9-17-62 72-21 8-15-72 Page 2 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 63-37 1-6-64 72-27 11-7-72 64-4 3-2-64 73-44 11-6-73 64-5 3-2-64 74-9 4-16-74 65-17 5-17-65 74-31 9-17-74 65-18 5-17-65 74-34 10-1-74 65-21 6-1-65 75-6 3-4-75 65-35 8-16-65 76-10 4-23-76 69-8 4-7-69 (Date recorded) 70-4 3-2-70 78-9 4-10-78 70-7 3-16-70 (Date recorded) 70-25 9-29-70 78-14 4-18-78 72-16 6-20-72 78-39 9-19-78 78-40 9-19-78 88-11 4-5-88 79-11 4-3-79 88-27 8-16-88 79-17 8-7-79 88-48 12-6-88 80-9 7-15-80 88-49 12-6-88 81-29 9-15-81 88-50 12-6-88 82-14 7-6-82 89-10 6-20-89 82-26 10-6-82 89-14 6-20-89 82-27 10-6-82 89-25 10-3-89 82-32 10-6-82 89-35 10-17-89 82-33 10-6-82 89-42 12-5-89 82-34 10-6-82 89-44 12-5-89 82-35 10-6-82 90-25 9-5-90 82-38 11-16-82 90-61 12-18-90 82-39 11-16-82 90-62 12-18-90 82-40 11-16-82 90-63 12-18-90 82-49 11-16-82 90-64 12-18-90 83-2 3-15-83 91-56 8-20-91 83-46 1-17-84 92-14 6-2-92 83-49 1-3-84 92-61 1-5-93 83-52 1-3-84 93-11 6-1-93 84-3 2-21-84 93-40 12-7-93 84-15 4-3-84 93-43 12-7-93 84-24 7-3-84 93-46 12-7-93 84-55 1-5-85 93-49 12-7-93 85-15 3-5-85 93-55 12-7-93 86-7 6-3-86 93-59 12-7-93 86-18 9-3-86 93-62 12-7-93 86 19 Page 3 of 29 http://www.amlegal.com/alpscripts/get- content.aspx 3/3/2011 Inasmuch as the description formerly set out in section 6 was rendered obsolete by the above annexation ordinances, it has been omitted. State law reference-Municipal annexation or contraction, F.S. Ch. 171. Sec. 6A. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 6A pertaining to boundaries and territory of greater Boynton Beach area. Said section was derived from Laws of Fla., Ch. 69-848, § 1. Sec. 7. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 7 pertaining to general powers. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 7, as amended by Laws of Fla. 1955, Ch. 30588, § 2; Laws of Fla., Ch. 61-1885; Laws of Fla., Ch. 61-1888, §§ 2, 3; Laws of Fla., Ch. 68-82, § 1. Sec. 7.1. Reserved. Editor's note—The provisions previously codified as § 7.1 have been converted to ordinance status by the Home Rule Act, F.S. § 166.021, and have been moved to the Code of Ordinances at the direction of the city. Sec. 7.2. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 7.2 pertaining to extra-territorial municipal police powers. Said section was derived from Laws of Fla., Ch. 63-1123, § 1. Sec. 8. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 8 pertaining to powers and provisions of general law. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 171. Sec. 9. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 9 pertaining to tort liability procedure. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 98. 9-3-86 93-65 12-7-93 86-20 9-3-86 93-68 12-7-93 86-21 9-3-86 94-32 10-18-94 86-22 9-3-86 94-35 10-18-94 86-40 12-16-86 94-41 10-18-94 86-41 12-16-86 94-44 10-18-94 87-44 12-15-87 94-53 1-3-95 87-45 12-15-87 95-17 6-6-95 95-11 6-6-95 95-14 6-20-95 98-19 7-7-98 98-27 7-21-98 04-055 8-3-04 04-080 11-3-04 04-085 10-19-04 Page 4 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 Sec. 10. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 10 pertaining to tax exemption of city property. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 9. Sec. 11. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 11 pertaining to exemptions from liens and forced sale of city property. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 10. Sec. 12. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 12 pertaining to subdivision maps. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 11. Sec. 13. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 13 pertaining to building, electrical and plumbing codes. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 168. Sec. 14. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 14 pertaining to gender definition and sex discrimination. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 148. ARTICLE II. CITY COMMISSION* *Editor's note—It should be noted that Ord. No. 87-4, §§ 1—3, adopted Feb. 3, 1987, provided that the name of the legislative body of the city shall be the City Commission. The user's attention is directed to Part II, Code of Ordinances, §§ 1-2 and 2-1.1, of this volume. Previous reference to City Council in Article II title deleted per Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02. Sec. 15. When Commissioners and Mayor are to assume office. The Commissioners and Mayor who are elected in elections held in March of any year, shall assume office on the first regular or special city commission meeting following certification of their election results. Once allnewly elected officials have taken office the Commission shall organize in accordance with the provisions of Section 23 of this Charter and shall then proceed to select the officers and employees, designated in Section 49 of this Charter. (Laws of Fla. 1947, Ch. 24398, § 12; Ord. No. 73-54, § 1, 12-18-73; Ord. No. 80-41, § 1, 10-21-80; Ord. No. 83-51, § 1, 12-20-83; Ord. No. 91-26, § 1, 5-21-91; Ord. No. 01-25, § 7, 7-3-01; Ord. No. 08-005, § 2, 4-1-08) Editor's note—Ord. No. 91-26, § 1, adopted May 21, 1991, amended § 15 to read as herein set out. Such provisions were approved at a referendum held Mar. 10, 1992. Sec. 16. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 16 pertaining toqualifications of Commissioners and forfeiture of office. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 13; Laws of Fla, Ch. 63-1123, § 2; as amended by Ord. No. 75-13, § 1, 5-6-75. Page 5 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 Sec. 17. Composition, election, terms, vacancies. (a) In order to qualify for the office of Mayor, a candidate must be a qualified elector of the City of Boynton Beach and have resided within the City for a period of not less than one (1) year prior to filing for office, and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies for office. The Mayor of the City of Boynton Beach may reside in any of the four (4) election districts and shall be elected by a city-wide vote. (b) There shall be a City Commission of four (4) members elected from each of the four (4) election districts within the City, and a Mayor who is elected by a city-wide vote. Each City Commissioner and each candidate for City Commissioner shall reside in the election district from which he or she is (to be) elected. A candidate for a Commission district seat must reside, for a period of not less than one (1) year prior to filing for election, in the district from which the candidate candidate seeks election. Voters shall vote for only one (1) candidate in each election district in which the voter resides, and one (1) candidate for Mayor. (c) Qualifications for City Commissioners. Only qualified electors who have resided in the City of Boynton Beach for at least one (1) year immediately prior to the election and who shall have attained the age of twenty-one (21) years on or before the date the candidate files and qualifies as a candidate for office shall be eligible to hold the office of City Commis-sioner. Each Commissioner and each candidate for Commissioner shall be elected from the election district in which he or she resides, subject to the 35% rule and runoff procedures set forth in Section 139 of the City Charter. Once elected, a Commissioner from an election district shall remain a resident of the election district and the City of Boynton Beach during his/her term of office or shall forfeit his/her office. (d) The failure of a City Commissioner to continue to reside within the district from which elected, or the Mayor within the City, shall cause said City Commissioner or Mayor to automatically forfeit his/her office. The tender of a resignation from any elective office shall immediately create a vacancy in that office. Upon automatic forfeiture or the tender of any resignation, the remaining members of the City Commission shall declare the office vacant and proceed to fill the vacancy as herein otherwise provided, so long as the individual selected to fill the vacancy has resided in the same district from which the original Commissioner resided for a period of not less than one (1) year. (e) Any City Commissioner who ceases to possess the qualifications required by this Charter, or is otherwise removed from office by lawful means, shall forfeit office, and it shall be the duty of the remaining members of the City Commission to declare the office vacant and proceed to fill the vacancy as herein otherwise provided. (f) Commencing with the regular City election in March 2001, candidates for City Commissioner shall file with the City Clerk a written notice of candidacy, designating which of the four (4) Commission districts of the City Commission the candidates intend to fill. (g) Geographic boundaries for each voting district are established pursuant to Section 2-41 of the Code of Ordinances. Geographic boundaries for each voting district shall be designated, prepared and identified not later than the first day of January 2002, and every four (4) years thereafter by contract to theCity of Boynton Beach with a four (4) year college or university or educational research institution located within the State of Florida to be selected by the City Commission of the City of Boynton Beach, Florida. The election districts shall be of equal population, compact, proportional and logically related to the natural internal boundaries of the neighborhoods within the City. The principal of non-discrimination and one man/one vote shall be adhered to strictly. In the event no candidate qualifies for election for any designated election district seats, then a special qualifying period shall be opened for five (5) calendar days after the close of the regular qualifying period and anyone from anywhere within the City may qualify for such seat. Thereafter, if no person qualifies for such seat, a vacancy shall be declared and filled in accordance with this Charter. (Laws of Fla., 1947, Ch. 24398, § 24; Ord. No. 80-46, § 2, 10-31-80; Ord. No. 83-54, § 1, 2-7-84, election of 3-13-84; Ord. No. 84-5, § 1, 2-7-84, election of 3-13-84; Ord. No. 87-37, § 1, 10-20-87, election of 3-8-88; Ord. No. 91-47, § 2, 7-2-91; Ord. No. 00-43, § 2, 8-15-00, election of 11-7-00; Ord. No. 02-036, § 2, 8-20-02, election of 11-5-02; Ord. No. 02-043, § 3, 8-20-02, election of 11-5-02) Sec. 18. Judges of own qualifications, rules of procedure; expulsion of members; quorum; fines and penalties. Page 6 of 29 http://www.amlegal.com/a lpscripts/get-content.aspx 3/3/2011 The City Commission shall be the judges of the qualifications, election and returns of its own members: it may enact rules of procedure and may prescribe penalties for the non-attendance or disorderly conduct of its members, and enforce the same. Four-fifths of its members concurring, it may expel a member for improper conduct in office. A majority of the members of the Commission shall be necessary to constitute a quorum for the transaction of any business; but a smaller number may adjourn from time to time, and under the provisions of ordinances or rules of procedure may compel the attendance of the absent members by the imposition of fines or penalties. (Laws of Fla. 1947, Ch. 24398, § 25) State law reference—Quorum and vote required for municipal governing body, F.S. § 166.041(4). Sec. 19. Terms of elective offices. (a) All elective offices shall be for the term of three (3) years and no person shall be eligible to hold any elective office for more than two (2) consecutive terms. For purposes of this section, elective office shall include both mayor and commission member. (b) The resignation from, or forfeiture of, an elective office during any part of a three (3) year elective term shall be deemed to constitute a full and complete term under the provisions of this section. (Laws of Fla. 1947, Ch. 24398, § 15; Laws of Fla. Ch. 67-1118, § 1: Ord. No. 87-30, § 1, 9-15-87, election of 3-8-88; Ord. No. 87-38, § 1, 10-20-87, election of 3-8-88; Ord. No. 00-41, § 2, 8-15-00, election of 11-7-00; Ord. No. 02-043, § 4, 8-20-02, election of 11-5-02) Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted previous § 19 pertaining to committee designation. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 26. Current § 19 was originally part of Article IV and designated § 50. Sec. 20. Filling vacancy on City Commission. In the event of a vacancy occurring in the members of the City Commission, except at the close of a regular term, it shall be the duty of the remaining members at the next regular meeting, or as soon thereafter as possible, following the declaration of such vacancy, to appoint a duly qualified citizen to fill said vacancy until the next municipal election, at which time the balance of the original members term shall be filled by election. In no event shall an appointment or election alter the term of the district seat. Municipal election shall mean the election held on the first Tuesday in November of the calendar year. If a majority of said remaining members are unable to agree upon the selection of a Commissioner to fill said vacancy after two (2) regular meetings have been held, the City Commission shall call a special election for that purpose. (Laws of Fla. 1947, Ch. 24398, § 16; Ord. No. 90-80, § 1, 1-2-91, election of 3-12-91; Ord. No. 01-25, § 7, 7-3-01; Ord. No. 02-043, § 4, 8-20-02, election of 11-5-02) Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted previous § 20 pertaining to the fixing of salaries by resolution. Said section was derived derived from Laws of Fla. 1947, Ch. 24398, § 27; Laws of Fla, Ch. 67-1119, § 1. Current § 20 was originally part of Article IV and designated § 51. Sec. 20.1. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 20.1 pertaining to pension and retirement systems. Said section was derived from Laws of Fla, Ch. 67-1119, § 1; as amended by Ord. No. 78-51, § 1, 11-8-78; Ord. No. 92-7, § 1(Exhibit A), 4-21-92; Ord. No. 92-40, § 1, 7-21-92; Ord. No. 94-52, § 2, 12-20-94. Sec. 21. Authority to contract; execution; attestation and seal. The Commission shall have the power to enter into contracts on behalf of the City, and when so entered into, the Page 7 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 same shall be attested by the City Clerk with the seal of the City thereunto affixed. (Laws of Fla. 1947, Ch. 24398, § 28; Ord. No. 02-037, § 2, 8-20-02, election of 11-5-02) Cross reference—Contract s must be approved by City Attorney, § 58. Sec. 22. Frequency, date of regular meetings; special meetings; rules of procedure. (a) The Commission shall hold its meeting as often as twice each month, or it may hold more than two (2) regular meetings each month if prescribed by resolution. Should any scheduled City Commission meeting fall upon a date on which any national, state, county or municipal election is held, said City Commission meeting should be deferred until the next regular working day. (b) The Mayor, or any three members of the City Commission may call special meetings of the City Commission, upon written notice to each member served personally or left at the usual place of residence. All regular and special meetings of the City Commission shall be open to the public. The City Commission shall determine its own rules and order of business. (Laws of Fla. 1947, Ch. 24398, § 29; Ord. No. 77-31, § 1, 10-18-77; Ord. No. 02-043, § 3, 8-20-02, election of 11-5-02) Sec. 23. Mayor, Vice Mayor; election, procedure. At the first regular or special meeting of the City Commission immediately following an election, the Vice-Mayor of the City shall be selected by a vote of the Mayor and Commission. The Vice-Mayor of the City shall serve in such capacity for a period of one year until the next general election of a member of the commission. In the event, of a vacancy in the office of Mayor, the Vice-Mayor shall automatically assume the duties of said office until a successor Mayor is elected as provided herein. If, for any reason, there shall be a vacancy in the office of Mayor, a special election shall be held within sixty (60) days of the date of said vacancy, provided that should said vacancy occur within one hundred (100) days of a regularly scheduled general election, no such special election shall be held and the the Mayor, or successor Mayor, shall be elected at the general election. Upon the election of a successor Mayor, the Vice-Mayor shall reassume his duties as Vice-Mayor and the successor Mayor shall serve for the remainder of the term of the originally duly elected Mayor. In the event of a vacancy in the office of Vice-Mayor, the vacancy on the City Commission shall be filled by the Commission in the manner herein otherwise provided, and a successor Vice-Mayor shall be elected by a vote of the Mayor and City Commission. (Laws of Fla. 1947, Ch. 24398, § 19; Laws of Fla., Ch. 63-1122, § 1; Ord. No. 80-41, § 2, 10-21-80; Ord. No. 83-54, § 2, 2-7-84, election of 3-13-84; Ord. No. 97-36, § 2, 8-5-97, election of 3-10-98; Ord. No. 02-043, § 4, 8-20-02, election of 11-5-02) Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted previous § 23 pertaining to the authority to create and abolish offices. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 30. Current § 23 was originally part part of Article IV and designated § 53. Sec. 24. Duties, powers, privileges of Mayor. The Mayor shall preside at all meetings of the City Commission and perform such other duties consistent with his or her office as may be imposed by the City Commission, and he or she shall have a voice and a vote in the proceedings of the City Commission, but no veto power. He or she may use the title of Mayor when executing legal instruments 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 or her the administrative or judicial functions of a Mayor under the General Laws of the State. He or she shall be considered as the official head of the City for ceremonial purposes, and 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 Commission shall select one of their members to perform his or her duties. This selection shall be made in accordance with the provisions of Sections 17 and 23 for the election of a Mayor.* Page 8 of 29 http://www.amlegal.com/alpscripts/get-conten t.aspx 3/3/2011 The Mayor shall sign all deeds, bonds or other instruments of writing to which the City is a party, when authorized so to do by the City Commission. (Laws of Fla. 1947, Ch. 24398, §§ 20, 22; Am. Ord. No. 97-38, § 2, 8-5-97, election of 3-10-98; Ord. No. 02-040, § 2, 8-20-02, election of 11-5-02; Ord. No. 02-043, §§ 4-5, 8-20-02, election of 11-5-02) *Editor's note—Note that § 23 above, as amended, provides for the annual designation of a Vice-Mayor. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed previous § 24 pertaining to quorum and vote requirements on ordinances, resolutions, and enactment procedures generally. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 31, as amended by Laws of Fla. Ch. 63-1125, § 2; Ord. No. 74-21, § 1, 8-20-74; Ord. No. 87-46B, § 1, 1-5-88, election of 3-8-88; Ord. No. 97-39, § 2, 8-5-97. Current § 24 was originally part of Article IV and designated § 54. Sec. 25. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 25 pertaining to to when ordinances and resolutions become effective, and emergency measures. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 32, as amended by Ord. No. 74-21, § 1, 8-20-74. Sec. 26. Reserved. Editor's note—Ord. No. 77-21, § 1, adopted Aug. 16, 1977, amended the Code by repealing provisions formerly designated as § 26, Pertaining to the recordation and publication of ordinances and resolutions and derived from Ch. 24398, § 33, Special Acts 1947. Sec. 27. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 27 pertaining to general ordinance enactment power, enforcement and penalties. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 34. Sec. 28. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 28 pertaining to budget of expenses, and revenue. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 35. Sec. 29. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 29 pertaining to utility franchises. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 36, as amended by Ord. No. 75-41, § 1, 1-5-76. Sec. 30. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 30 pertaining to maximum franchise duration and extension of utility. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 37. Sec. 31. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 31 pertaining to the effect of annexation on franchises. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 38. Sec. 32. Deleted. Page 9 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 32 pertaining to rights in the city when franchises are granted. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 39. Sec. 33. Reserved. Editor's note—Ord. No. 91-16, § 2, adopted Apr. 21, 1991, repealed § 33 which pertained to codification of ordinances; authority and publication. Prior to repeal, such section was derived from Laws of Fla. 1947, Ch. 24398, § 40. For current provisions concerning such subject matter, the user's attention is directed to § 1.9 of the Code. Sec. 34. Deleted. Editor's note—Section 34 hereof, which provided for judicial notice of ordinances, has been rendered obsolete by the Florida Evidence Code, particularly F.S. § 90.202(10), and has been deleted at the direction of the city. Sec. 35. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 35 pertaining to fire limits. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 42. Sec. 36. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 36 pertaining to health regulations and the City Board of Health. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 43. Sec. 37. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 37 pertaining to borrowing money and the maximum issuance of notes. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 44. ARTICLE III. MUNICIPAL COURT Secs. 38—48. Deleted. Editor's note-The provisions of §§ 38—48 of the Charter compilation have been rendered obsolete by the abolition of the municipal court and the transfer of its jurisdiction to the county court pursuant to Fla. Const., Art. V, § 20, and have been deleted. Said compilation provisions were derived from Laws of Fla. 1947, Ch. 24398, §§ 45—55, as amended by Ord. Nos. 73-47 and 73-53. ARTICLE IV. ADMINISTRATION Sec. 49. General provisions. (a) Administrative officers, departments and agencies. The government of the City shall be carried on by the Mayor and and City Commission. They shall appoint a City Manager, who shall serve as the City's chief executive officer, and a City Attorney, both of whom shall serve at the pleasure of the City Commission. There shall also be such other departments and agencies as may be established from time to time by ordinance and as may be prescribed by ordinances adopted by the City Commission. All other City employees shall be hired, appointed and discharged by the City Manager, with only the appointment or discharge of Assistant City Managers subject to confirmation by the City Commission. Page 10 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 (b) Supervision by City Manager. Each department, office and agency under the direction and supervision of the City Manager shall be administered by an officer appointed by and subject to the direction and supervision of the City Manager. With the consent of Commission, the City Manager may serve as the head of one or more such departments, offices or agencies or may appoint one person as the head of two or more of them or may combine the functions of any offices specified in this Charter which may be appointed by him. (c) Commission/Manager integration with administration. The City Commission or its members shall deal with city officers and employees who are subject to the direction and supervision of the City Manager solely through the Manager, when such dealings involve giving orders or making requests for services to any such officer or employee. All employees and officers shall be permitted to provide information to any Commissioner or member of the public upon request. (Laws of Fla. 1947, Ch. 24398, § § 14; Ord. No. 73-46, § 1, 11-6-73; Ord. No. 76-43, § 1, 10-5-76; Ord. No. 89-29, § 1, 9-19-89; Ord. No. 02-038, § 2, 8-20-02, election of 11-5-02) Sec. 50, 51. Deleted. Editor's note—Ord. No. 02-043, § 4, 8-20-02, election of 11-5-02, deleted §§ 50-51 and added text of both to Article II as §§ 19, 20.Sec. 52. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 52 pertaining to qualifications, duties and oath of elective officers. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 17; as amended by Ord. No. 75-14, § 1, 5-6-75. Secs. 53, 54. Deleted. Editor's note—Ord. No. 02-043, § 4, 8-20-02, election of 11-5-02, deleted 53-54 and added text of both to Article II as §§ 23, 24. Sec. 55. Compensation of Mayor and City Commission. Each member of the City Commission, including the member who serves as Mayor shall receive salaries as follows: (a) Effective April 1, 2005, the Mayor shall receive an annual salary of $18,000, paid in equal monthly installments; (b) Effective April 1, 2005, City Commission members, excluding the Mayor, shall receive an annual salary of $15,000 annually, paid in equal monthly installments; and (c) The compensation of the Mayor and the Commissioners shall be adjusted annually in April in each year to reflect increase in the consumer price index. (Laws of Fla. 1947, Ch. 24398, § 21; Laws of Fla., Ch. 65-1268, § 1; Ord. No. 74-25, § 1, 9-3-74; Ord. No. 81-36, § 1, 11-3-81; Ord. No. 84-44, § 1, 11-7-84; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02; Ord. No. 03-037, § 2, 8-19-03; Ord. No. 06-047, § 2, 5-16-06) Sec. 56. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 56 pertaining to Council meetings, rules of procedure, and minutes. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 23; as amended by Ord. No. 75-11, § 1, 4-1-75. Page 11 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 Sec. 57. City Attorney—Appointment, term, function. The City Commission may appoint a lawyer, admitted to practice in the courts of this State, as City Attorney, who shall hold office during the pleasure of the Commission, and act as the legal advisor to, and attorney and counselor for, the Municipality and all of its officers in matters relating to their official duties. (Laws of Fla. 1947, Ch. 24398, § 56; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02) Sec. 58. Same—Duties. The City Attorney, shall, when requested by the City Commission, prepare all contracts, bonds, and other instruments in writing in which the municipality is concerned, or shall endorse on each his approval of the form, language and execution thereof; and no contract with the municipality shall be binding upon the municipality until his approval is so endorsed thereon. When required by the Commission, he shall prosecute and defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party. He shall furnish the Commission, or the City Clerk, his opinion on any question of law relating to their respective powers and duties; and he shall perform such other professional duties as may be required of him by ordinance or resolution of the Commission or by this Charter, or such as are prescribed for City Attorneys under the general laws of the State, not inconsistent with this Charter. (Laws of Fla. 1947, Ch. 24398, § 57; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02) Cross reference—Authority to contract and contract execution, attestation and seal, § 21. Sec. 59. Same—Compensation. The City Commission may, from time to time, fix the regular compensation of the City Attorney at a sum commensurate with the duties which may be imposed upon him by this Charter and by the Commission; provided, that all special or unusual services required of the City Attorney, the fee for which is not otherwise prescribed, may be specially compensated as the Commission may see fit to provide. (Laws of Fla. 1947, Ch. Ch. 24398, § 58; Ord. No. 02-043, § 3, 8-20-02, election of 11-5-02) Secs. 60, 61. Reserved. Editor's note—Ord. No. 79-30, § 1, adopted Oct. 16, 1979, repealed §§ 60 and 61, pertaining to the appointment and duties of the chief of police. Section 60 was derived from Laws of Fla. 1947, Ch. 24398, § 59. Section 61 was derived from § 60 of said act, as amended by Ord. No. 74-35, § 1. Sec. 62. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 62 pertaining to power and authority of police. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 61. Sec. 63. Reserved. Editor's note—Ord. No. 73-45, § 1, adopted Nov. 6, 1973, repealed § 63 pertaining to the appointment and duties of the superintendent of public works and utilities. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 62. Secs. 64, 64.1. Reserved. Editor's note—Ord. No. 90-54, § 1, adopted Nov. 20, 1990, provided for the deletion of §§ 64 and 64.1 which pertained to the purchasing agent, competitive competitive bidding and exceptions to competitive bidding procedures. Such sections were derived from Laws of Fla. 1947, Ch. 24398, § 63; Laws of Fla., Ch. 63-1124, § 1 and Ch. 69-846, § 1; and the Page 12 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 following local legislation: The user's attention is directed to § 2-56 et seq., of the Code for current provisions concerning similar subject matter. Sec. 65. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 65 pertaining to city clerk and tax collector. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 64. Sec. 66. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 66 pertaining to duties of City Clerk. Said section was derived from Ord. No. 77-3, § 1, 2-1-77. Sec. 66.1. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 66.1 defining public records. Said section was derived from Ord. No. 77-3, § 2, 2-1-77. Sec. 66.2. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 66.2 pertaining to delivery of public records to City Clerk. Said section was derived from Ord. No. 77-3, § 3, 2-1-77. Sec. 67. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 67 pertaining to duties of tax collector; the city depository; and report of funds. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 66. Sec. 68. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 68 pertaining to duties of City Treasurer. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 67. Sec. 69. Reserved. Editor's note—Ord. No. 79-30, § 1, adopted Oct. 16, 1979, repealed § 69, pertaining to the appointment and duties of the fire chief. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 169. Sec. 70. Bond for tax collector, treasurer, police chief and depositories. Ord. No. Date Sec. 74-6 2-5-74 1 74-8 2-19-74 1 74-1 3-19-74 1 74-24 8-20-74 1, 2 75-42 1-5-76 1 80-25 7-1-80 1 87-5 2-17-87 1 Page 13 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 The Tax Collector, Treasurer, and Chief of Police, and City Depositories, shall each give such bond for the faithful discharge of their respective duties, and for the protection of City deposits as may be prescribed by the City Commission, and the City Commission shall have authority to require any other officer to give bond and fix the amount thereof. ((Laws of Fla. 1947, Ch. 24398, § 18; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02) Sec. 71. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 71 prohibiting relatives of mayor and councilmen from holding city positions. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 147. ARTICLE IV-A. MERIT SYSTEM FOR PERSONNEL* *Editor's note—Laws of Fla., Ch. 61-1889, from which this article is derived, was ratified by the electorate Dec. 5, 1961, Laws of Fla. 1953, Ch. 28910, authorizing a civil service system and providing for its regulation by ordinance, is superseded by said 1961 act, and has been deleted from this Charter. Sec. 72. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 72 pertaining to the establishment of a merit system for city personnel and the scope of its provisions. Said section was derived from Laws of Fla., Ch. 61-1889, § 2(1); as amended by Ord. No. 97-52, § 2, 1-20-98, election of 3-10-98. Sec. 72.1. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 72 pertaining to classified and unclassified service. Said section was derived from Laws of Fla., Ch. 61-1889, § 2(2). Sec. 72.2. Status of present employees. Any person holding a position in the classified service when this act [article] takes effect*, who shall have served in such position for a period of at least twelve (12) months, shall be retained without preliminary or performance tests and shall thereafter be subject in all other respects to the provisions of this act [article]. All other persons in the classified service at the time this act [article] takes effect shall be considered considered as having been given probationary appointment from the time of their employment. (Laws of Fla., Ch. 61-1889, § 2(3); Ord. No. 83-56, § 5, 1-3-84) Sec. 72.3. Deleted. Editor's note—Ord. No. 02-042, § 2, 8-20-02, election of 11-5-02, deleted § 72.3 pertaining to the powers and duties of the Personnel Director. Said section was derived from Laws of Fla. 1947, Ch. 61-1889, § 2(4); as amended by Ord. 83-56, § 1, 1-3-84. Sec. 72.4. -72.8 Reserved. Editor's note—Ord. No. 97-53, adopted Jan. 20, 1998, repealed Secs. 72.4—72.8, which pertained to the Civil Service Board. Prior to repeal, such codification was derived from Laws of Fla., Ch. 61-1989, § 2(5)—2(9). Sec. 72.9. Deleted. Page 14 of 29 http://www.amlegal.com/alpscr ipts/get-content.aspx 3/3/2011 Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 72.9 pertaining to personnel rules. Said section was derived from Laws of Fla, Ch. 61-1889, § 2(10); as amended by Ord. No. 80-24, § 1, 6-3-80; Ord. No. 80-40, § 1, 10-8-80; Ord. No. 83-56, § 3, 1-3-84. Sec. 72.10. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 72.10 pertaining to rules incorporating principles of merit and fitness. Said section was derived from Laws of Fla, Ch. 61-1889, § 2(11); as amended by Ord. No. 80-40, § 1, 10-8-80. Sec. 72.11. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 72.11 pertaining to causes for suspension and dismissal. Said section was derived from Laws of Fla, Ch. 61-1889, § 2(12); as amended by Ord. No. 80-40, § 1, 10-8-80. Sec. 72.12. Reserved. Editor's note—Ord. No. 97-53, § 2, adopted 3-10-98, repealed § 72.12 pertaining to removals and appeals. Said section was derived from Laws of Fla., Ch. 61-1889, § 2(13), as amended by Ord. No. 80-40, § 1, 10-8-80; Ord. No. 83-56, § 4, 1-3-84.Sec. 72.13. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 72.13 pertaining to absence of City Manager. Said section was derived from Laws of Fla, Ch. 61-1889, § 2(14); as amended by Ord. No. 80-40, § 1, 10-8-80. ARTICLE V. REVENUE AND TAXATION* *State law references-Municipal finance and taxation generally, F.S. §§ 166.211 et seq.; local financial management and reporting, F.S. §§ 218.30 et seq.; investment of local government surplus funds, F.S. §§ 218.40 et seq. Sec. 73. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 73, which defined the fiscal year. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 167; Laws of Fla., Ch. 69-847, § 1. Sec. 74. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 74 pertaining to property subject to taxation. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 68. Sec. 75. Deleted. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 75 pertaining to authority to levy and purposes of taxation. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 69. Sec. 76. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 76 pertaining to authority to levy excise and license taxes. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 70. Page 15 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 Sec. 77. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 77 pertaining to authority to annually levy a special tax for publicity and advertising purposes. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 71. Secs. 78-83. Deleted. Editor's note—Provisions formerly codified as §§ 78-83, derived from Laws of Fla. 1947, Ch. 24398, §§ 72-77, have been rendered obsolete by the assumption of the tax assessing and collecting functions by the county, pursuant to F.S. § 193.116. Sec. 84. Deleted. Editor's note—Ord. No. 02-043, § 2, 8-20-02, election of 11-5-02, deleted § 84 pertaining to determination of necessary revenue and certification of a tax levy. Said section was derived from Laws of Fla. 1947, Ch. 24398, § 78; as amended by Ord. No. 74-22, § 1, 8-20-74; Ord. No. 76-34, § 1, 9-7-76. Secs. 85-111. Deleted. Editor's note—Provisions formerly codified as §§ 85-111, derived from Laws of Fla. 1947, Ch. 24398, §§ 79-105, have been rendered obsolete by the assumption of the tax assessing and collecting functions by the county, pursuant to F.S. § 193.116.Secs. 112-128. Deleted. Editor's note—Provisions formerly codified as §§ 112-128, derived from Laws of Fla. 1947, Ch. 24398, §§ 106-122, have been rendered obsolete by the assumption of the tax assessing and collecting functions by the county, pursuant to F.S. § 193.116.Sec. 129. Report of taxes collected by Tax Collector; final report to City Commission. Editor's note—Section 129, derived from Laws of Fla. 1947, Ch. 24398, § 123, has been converted to ordinance status by the Home Rule Act, F.S. § 166.021, and has been moved to the Code of Ordinances at the direction of the city. ARTICLE VI. RESERVED Secs. 130-137. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed §§ 130—137 pertaining to bonds. Said sections were derived from Laws of Fla. 1947, Ch. 24398, §§ 124.24—124.30 and § 124.66. ARTICLE VII. ELECTIONS Sec. 138. Call by Mayor, publication of proclamation; qualification of candidates, filing by candidates with City Clerk; notification of Supervisor of Elections. All general and special elections, unless otherwise provided in this Act, shall be called by proclamation of the Mayor; published in a newspaper published in the City of Boynton Beach, Florida, once a week for two (2) consecutive Page 16 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 weeks, or, if no newspaper is published in the City of Boynton Beach, Florida, by posting same at the City Hall for two (2) weeks, and such election that may be held upon such notice. Candidates for City Commission shall file such papers and pay such fees as may be required by law with the City Clerk no earlier than noon on the last Tuesday in January nor later than noon on the second Tuesday in February of the calendar year in which the election is to be held. The City Clerk shall transmit the names of all candidates for City Commission to the Supervisor of Elections by 5:00 p.m. on the first Friday after the close of qualifying. (Laws of Fla. 1947, Ch. 24398, § 131; Ord. No. 80-41, § 3, 10-21-80; Ord. No. 80-46, § 2, 10-31-80; Ord. No. 83-51, § 2, 12-20-83; Ord. No. 01-25, § 7, 7-3-01; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02; Ord. No. 02-046, § 2, 8-20-02; Ord. No. 08-005, § 2, 4-1-08) Sec. 139. General and run-off elections. A special election for any purpose shall be held as provided in the Charter or by ordinance not inconsistent herewith. In every election to any office, the candidate receiving the highest percentage of the vote in excess of thirty-five (35%) percent of the votes validly cast shall be declared elected. If, in any election, no candidate receives in excess of thirtyfive (35%) percent of the vote in the first election, a second election, limited to the two (2) candidates receiving respectively the highest and the next highest number of votes in the first election shall be held on the fourth Tuesday in March of the calendar year, and the candidate receiving the higher number of votes in the second election shall be declared elected. For purpose of transition from November to March elections, any municipal officer whose term of office would expire in November will have their term extended until the following March. (Laws of Fla. 1947, Ch. 24398, § 132; Ord. No. 80-46, § 2, 10-31-80; Ord. No. 83-51, § 3, 12-20-83; Ord. No. 95-25, § 2, 7-18-95; Ord. No. 08-005, § 2, 4-1-08) Cross Reference—Composition, election, terms, vacancies, see Charter § 17. Sec. 140. Reserved. Editor's note—Ord. No. 82-20, § 1, enacted July 20, 1982, repealed § 140 which prohibited persons connected with the city government from soliciting votes or support for the nomination or election of a candidate for councilman. Said Section was derived from Laws of Fla. 1947, Ch. 24398, § 133. Sec. 141. Regular municipal election, date; qualification of electors for Commissioners; method of holding elections, special elections. Regular municipal elections shall be held on the second Tuesday in March of the calendar year. In the event a run-off election is required as specified in Section 139 hereof, said election shall be held on the fourth Tuesday in March of the calendar year. The City Commission shall prescribe, by ordinance, the method and manner of holding all elections in said City, and shall provide when and how special elections shall be called and held, which are not provided by the terms of this Charter, and all elections shall be conducted substantially on the principle adopted for state election insofar as there are no conflicts with the terms of this Charter. (Laws of Fla. 1947, Ch. 24398, § 134; Ord. No. 80-41, § 4, 10-21-80; Ord. No. 83-51, § 4, 12-20-83; Ord. No. 01-25, § , 7-3-01; Ord. No. 02-021, § 2, passed 6-4-02; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02; Ord. No. 08-005, § 2, 4-1-08) Sec. 142. Registration officer and registration. The City Clerk shall be the registration officer of the City and said clerk, or his/her duly appointed deputies, shall register all persons applying to him/her whose names are not already borne upon the registration book applicable to the City and who are qualified as electors under the Constitution and laws of the State of Florida. For this purpose, such Page 17 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 registrations shall be received during normal business hours, or at such other times as designated by the City Commission, at the office of the City Clerk or at such other places within the City limits when duly designated by the City Commission.* Registrations shall be upon forms provided by the Supervisor of Elections of Palm Beach County, Florida. (Laws of Fla. 1947, Ch. 24398, § 15; Laws of Fla., Ch. 63-1125, § 1; Ord. No. 74-23, § 1, 8-20-74; Ord. No. 02-043, § 3, 8-20-02, election of 11-5-02) *Editor's note—Florida Statutes, § 98.051, requires registration to be closed on the thirtieth day before an election, and the city is required to use the county's voter registration rolls. State law reference—City required to use county registration rolls, F.S. § 98.041. It is customary for the county supervisor of elections to designate the city clerk as a deputy registrar so that registration may be effected at city hall. Sec. 143. Arrangements by City Commission; inspectors and clerks, appointment. The City Commission shall make all necessary arrangements for holding all municipal election(s) and shall declare the result thereof. Inspectors and clerks of elections shall be appointed by the City Commission, but if the City Commission shall fail to appoint them at least two (2) days before the date of any election, the Mayor may appoint them. In the event that both of these plans fail to secure inspectors and clerks for any election, the City Clerk shall make the appointments on the day of the election. (Laws of Fla. 1947, Ch. 24398, § 136; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02) Sec. 144. Polls, opening and closing; voting results, certification, canvass of returns, declaration of results; tie vote. The polls shall open at sunrise and close at sunset.* The result of the voting, when ascertained, shall be certified by return in duplicate, signed by the clerks and the majority of the inspectors of the election, one copy to be delivered to the Mayor, and the other to the City Clerk, both of whom shall transmit such returns to the City Commission at a called meeting to be held not later than three days after such election. At such meeting the City Commission shall canvass the returns, and in the absence of a declaration of a contest by any of the candidates in such election, shall declare the result of the election as shown by the returns made by clerks and inspectors for said election. A tie between two (2) or more candidates shall be determined as prescribed by ordinance. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. (Laws of Fla. 1947, Ch. 24398, § 137; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02) *State law reference-Open hours for the polls in local elections are prescribed as from 7:00 a.m. to 7:00 p.m. by F.S. § 100.011.Secs. 145, 146. Repealed. Editor's note—Ord. No. 75-44, adopted Jan. 20, 1976, repealed §§ 145 and 146, pertaining to the recall of elected officers. Said sections were derived from Laws Laws of Fla. 1947, Ch. 24398, §§ 138, 139. Sec. 147. Initiative petition of proposed ordinances—Required signatures, etc. Any proposed ordinance, including ordinances for repeal of ordinances then in effect or which have been enacted but not yet effective, may be submitted to the City Commission by a petition, signed by at least twenty-five per cent of the total number of registered voters in the City. All petitions circulated with respect to any proposed ordinance shall be uniform in character, shall contain the proposed ordinance in full and shall have printed or written thereon the names of five electors who shall be officially regarded as filing the petition, and shall constitute a committee of the petitioners for purposes hereinafter named. Each signer of the petition shall sign his name in ink or indelible pencil and shall place on Page 18 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 the petition opposite his name the date of his signature. The signatures of any such petition need not be appended to one paper, but to each such paper shall be attached an affidavit by the circulator thereof, stating the number of signers to such part of the petition and that each signature appended to the paper is the genuine signature of the person whose name it purports to be, and that it was made in the presence of the affiant on the date indicated. (Laws of Fla. 1947, Ch. 24398, § 140; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02) Sec. 148. Same—Filing with City Clerk, submission to City Commission. All papers comprising an initiative petition shall be assembled and filed with the City Clerk as one instrument within thirty days of the first signature thereon, and when so filed the City Clerk shall submit the same to the City Commission at its next regular meeting and provisions shall be made by the City Clerk for public hearings upon the proposed ordinance. (Laws of Fla. 1947, Ch. 24398, § 141; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02) Sec. 149. Same—Action of City Commission; referendum. The City Commission shall at once proceed to consider such petition and shall take final action thereon within thirty days after the date of submission. If the City Commission rejects any of the provisions of the proposed ordinance, as set forth in the petition, the City Clerk shall at once cause notice of the filing of such petition and the refusal of the City Commission to pass said ordinance, to be published in a newspaper of general circulation published in the City of Boynton Beach, and the City Commission shall at once proceed to submit the passage of the ordinance to the majority vote of the qualified electors of the City voting in such election. If a regular or special election is to be held in the City not earlier than thirty days, nor later than sixty days, the ordinance shall be submitted to the voters at such election; otherwise an election shall be called for such submission. At least ten days before such election the City Clerk shall cause the text of the ordinance to be published in a newspaper of general circulation published in the city. (Laws of Fla. 1947, Ch. 24398, § 142; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02) Sec. 150. Same—Offending ordinance suspended. When the initiative petition is for an ordinance repealing or amending an ordinance which has been enacted, but is not yet effective, the offending ordinance shall not go into effect until after the demands of the petition shall have been carried out. (Laws of Fla. 1947, Ch. 24398, § 143) Sec. 151. Same—Form of referendum ballot. Referendum elections shall be provided for in the same manner as other elections of the City. The ballot shall be a piece of plain white paper which shall have printed upon it the title of the ordinance to be referred, below which shall be two lines in the following form: ________________________ ___________________ FOR THE ORDINANCE ___________________________________________ ___________________________________________ AGAINST THE ORDINANCE ___________________________________________ Page 19 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 The voter shall express himself by placing a cross X mark to the right of the line indicating his desire in the matter. (Laws of Fla. 1947, Ch. 24398, § 144) Sec. 152. Same—Vote required to amend or repeal. Ordinances adopted by referendum vote can be amended or repealed only by a referendum vote, but the proposition to amend or repeal such ordinances may be submitted to the voters in any regular election of the city, provided that no later than fifteen days before such election the City Commission shall cause notice of such reference to be published in a newspaper of general circulation published in the City of Boynton Beach, Florida, using only the title of such ordinance in the notice if it is to be repealed, but the amendment in full if it is to be amended. Said notice to be posted in three public places if there be no newspaper published in the City. (Laws of Fla. 1947, Ch. 24398, § 145; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02) Sec. 153. Same—Duty of City Attorney to draft ordinance and advise upon. It shall be the duty of the City Attorney to draft initiative ordinances or to pass upon the legality of the same when requested to do so by the referendum committee of five. (Laws of Fla. 1947, Ch. 24398, § 146) Sec. 154. Reserved. Editor's note—Ord. No. 83-51, § 6, adopted Dec. 20, 1983, repealed § 154, “Primary elections, authority to provide; filing fee,” which section derived from Laws of Fla. 1947, Ch. 24398, § 150, and Ord. No. 77-78, § 1, adopted Feb. 20, 1977. Sec. 155. Officers hold until successors qualify; ordinances continued. All officers theretofore elected or appointed and holding office under the said municipality shall continue to hold their respective offices and to discharge the respective duties thereof until their successors are elected and qualified under the provisions of this Charter; and all existing ordinances shall continue in effect and unimpaired until repealed, amended or modified by the municipality which is hereby incorporated. (Laws of Fla. 1947, Ch. 24398, § 149) ARTICLE VIII. RESERVED Secs. 156—169. Reserved. Editor's note—Ord. No. 97-43, § 2, adopted 8-19-97, repealed § 156—169 pertaining to public improvements and assessments. Said sections were derived from Laws of Fla. 1947, Ch. 24398, §§ 151—154 and 156—165. ARTICLE IX. CONTRACTS AND LEASES OF BEACH PROPERTY* Sec. 170. Authorized. The City of Boynton Beach may from time to time enter into such contracts and lease agreements of portions of the Municipal Beach property, being in the Town of Ocean Ridge, Palm Beach County, Florida, for the providing of recreational facilities upon the terms and conditions as the City Commission may deem to be in the best interest of the Page 20 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 City. All such leases shall be subject to the rights of the public at all times, to use the public bathing beach. (Laws of Fla. 1953, Ch. 28909, § 1; Ord. No. 02-043, § 5, 8-20-02, election of 11-5-02) Sec. 171. Deleted. Editor's note—The city has directed the deletion of § 171, which was derived from Laws of Fla. 1953, Ch. 28909, § 2. Said Section ratified a 1952 lease between the city and Boynton Beach Development Corp. *Editor's note—Article IX is derived from Laws of Fla. 1953, Ch. 28909, which did not expressly amend the Charter. The lease set out herein is no longer in effect, but the city has directed the inclusion of the 1953 act, since it contains a description of the beach property. CHARTER COMPARATIVE TABLE SPECIAL ACTS This table shows the location of the sections of the basic Charter and the special acts amending the Charter. Chapter Section Disposition 24398 (1947) 1 1(Note) 2-5 2-5 6 6(Note) 7 Rpld 7(Note) 9 Rpld 10(Note) 10 Rpld 11(Note) 11 Deleted 12(Note) 12 15 13 Deleted 16(Note) 14 49 15 15 19, 142 16 20 17 Deleted 52(Note) 18 70 19 23 20 24 21 55 22 24 23 Deleted 56(Note) 24 17 25 18 26 Deleted 19(Note) 27 Deleted 20(Note) 28 21 29 22 Page 21 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 30 Deleted 23(Note) 31 Deleted 24(Note) 32 Rpld 25(Note) 33 Rpld 26(Note) 34 Deleted 27(Note) 35-37 Rpld 28-30(Notes) 38, 39 Deleted 31-32(Notes) 40 Rpld 33(Note) 42 Deleted 35(Note) 43 Rpld 36(Note) 44 Deleted 37(Note) 45-55 38-48(Note) 56-58 57-59 59 Rpld 60(Note) 60 Rpld 61(Note) 61 Deleted 62(Note) 62 Rpld 63(Note) 63 Deleted 64(Note) 64 65(Note) 66 Rpld 67(Note) 67 Deleted 68(Note) 68-71 Deleted 74-77(Notes) 72-77 Deleted 78-83(Note) 78 84(Note) 79-105 85-111(Note) 98 Deleted 9(Note) 106-122 112-128(Note) 123 129(Note) 124.24-124.30, 124.66 132-137(Note) 131 138 132 139 133 140(Note) 134 141 136 143 137 144 138, 139 145, 146(Note) 140-146 147-153 147 Rpld 71(Note) Page 22 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 148 Deleted 14(Note) 149 155 150 154 151-154, 156-165 156-169(Note) .166 131 167 73(Note) 168 Deleted 13(Note) 169 69(Note) 171 Deleted 8(Note) 28909 (1953) 1 170 2 171(Note) 28910 (1953) Art. IV-A(Note) Art. IX(Note) 30588 (1955) 1 6(Note) 2 7(Note) 61-1885 7(Note) 61-1888 1 6(Note) 2,3 7(Note) 61-1889 Art. IV-A(Note) 72.2(Note) 2(1) Deleted 72(Note) 2(2) Deleted 72.1(Note) 2(3) 72.2 2(4) Deleted 72.3(Note) 2(5)-2(9) Rpld 72.4-72.8(Note) 2(10)-2(12) Deleted 72.9-72.11(Notes) 2(13) Rpld 72.12(Note) 2(14) Deleted 72.13(Note) 63-1122 1 23 63-1123 1 Rpld 7.2(Note) 2 Deleted 16(Note) 63-1124 1 Deleted 64(Note) 63-1125 1 142 2 Rpld 24(Note) 65-1268 1 55 67-1118 1 19 67-1119 1 Deleted 20(Note), 1 Deleted 20.1(Note) 68-81 6(Note) 68-82 1 Rpld 7(Note) 69 846 Page 23 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 CHARTER COMPARATIVE TABLE ORDINANCES This table shows the location of the ordinances amending the Charter. 1 Deleted 64(Note) 69-847 1 Deleted 73(Note) 69-848 1 6A(Note) Ordinance Number Date Section Disposition 62-7 6-4-62 6(Note) 62-8 6-4-62 6(Note) 62-15 9-17-62 6(Note) 63-37 1-6-64 6(Note) 64-4 3-2-64 6(Note) 64-5 3-2-64 6(Note) 65-17 5-17-65 6(Note) 65-18 5-17-65 6(Note) 65-21 6-1-65 6(Note) 65-35 8-16-65 6(Note) 69-8 4-7-69 6(Note) 70-4 3-2-70 6(Note) 70-7 3-16-70 6(Note) 70-25 9-29-70 6(Note) 72-16 6-20-72 6(Note) 72-17 6-20-72 6(Note) 72-20 8-1-72 6(Note) 72-21 8-15-72 6(Note) 72-27 11-7-72 6(Note) 73-44 11-6-73 6(Note) 73-45 11-6-73 1 63(Note) 73-46 11-6-73 1 49 73-47 Deleted 38-48(Note) 73-53 Deleted 38-48(Note) 73-54 12-18-73 1 15 74-1 3-19-74 1 64(Note) 74-6 2-5-74 1 64(Note) 74-8 2-19-74 1 64(Note) 74-9 4-16-74 6(Note) 74-10 3-19-74 1 64(Note) Page 24 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 74-21 8-20-74 1 Rpld 24(Note), Rpld 25(Note) 74-22 8-20-74 Deleted 84(Note) 74-23 8-20-74 1 142 74-24 8-20-74 1 Deleted 64(Note) 2 Deleted 64.1(Note) 74-25 9-3-74 1 55 74-31 9-17-74 6(Note) 74-34 10-1-74 6(Note) 74-35 10-15-74 1 Rpld 61(Note) 75-6 3-4-75 6(Note) 75-11 4-1-75 1 Deleted 56(Note) 75-13 5-6-75 1 Deleted 16(Note) 75-14 5-6-75 1 Deleted 52(Note) 75-41 1-5-76 1 Rpld 29(Note) 75-42 1-5-76 1 Deleted 64.1(Note) 75-44 1-20-76 Rpld 145, 146 (Note) 76-10 4-23-76 6(Note) 76-34 9-7-76 1 Deleted 84(Note) 76-43 10-5-76 1 49 7-3 2-1-77 1 Deleted 66(Note) 2 Deleted 66.1(Note) 3 Deleted 66.2(Note) 77-21 8-16-77 1 Rpld 26(Note) 77-31 10-18-77 1 22 77-78 2-20-77 1 Rpld 154(Note) 78-9 4-10-78 6(Note) 78-14 4-18-78 6(Note) 78-39 9-19-78 6(Note) 78-40 9-19-78 6(Note) 78-51 11-8-78 1 Deleted 20.1(Note) 79-11 4-3-79 6(Note) 79-17 8-7-79 6(Note) 80-9 7-15-80 6(Note) 80-24 6-3-80 1 72.9(Note) 80-25 7-1-80 1 Deleted 64.1(Note) 80-40 10-8-80 1 Deleted 72.9-72.11(Notes) Rpld 72.12(Note) Deleted 72.13(Note) 80 41 Page 25 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 10-21-80 1 15 2 23 3 138 4 141 80-46 10-31-80 2 17, 138, 139 81-29 9-15-81 6(Note) 81-36 11-3-81 1 55 82-14 7-6-82 6(Note) 82-20 7-20-82 1 Rpld 140 82-26 10-6-82 6(Note) 82-27 10-6-82 6(Note) 82-32 10-6-82 6(Note) 82-33 10-6-82 6(Note) 82-34 10-6-82 6(Note) 82-35 10-6-82 6(Note) 82-38 11-16-82 6(Note) 82-39 11-16-82 6(Note) 82-40 11-16-82 6(Note) 82-49 11-16-82 6(Note) 83-2 3-15-83 6(Note) 83-46 1-17-84 6(Note) 83-49 1-3-84 6(Note) 83-51 12-20-83 1 15 2 138 3 139 4 141 6 Rpld 154(Note) 83-52 1-3-84 6(Note) 83-54 2-7-84 1 17 2 23 83-56 1-3-84 1 Deleted 72.3(Note) 3 Deleted 72.9(Note) 4 Rpld 72.12(Note) 5 72.2 84-3 2-21-84 6(Note) 84-5 2-7-84 1 17 84-15 4-3-84 6(Note) 84-24 7-3-84 6(Note) 84-44 11-7-84 1 55 84 55 Page 26 of 29 http://www.amlegal.com /alpscripts/get-content.aspx 3/3/2011 1-5-85 6(Note) 85-15 3-5-85 6(Note) 86-7 6-3-86 6(Note) 86-18 9-3-86 6(Note) 86-19 9-3-86 6(Note) 86-20 9-3-86 6(Note) 86-21 9-3-86 6(Note) 86-22 9-3-86 6(Note) 86-40 12-16-86 6(Note) 86-41 12-16-86 6(Note) 87-4 2-3-87 1-3 Art. II(Note) 87-5 2-17-87 1 64.1(Note) 87-30 9-15-87 1 19 87-37 10-20-87 1 17 87-38 10-20-87 1 19 87-44 12-15-87 6(Note) 87-45 12-15-87 6(Note) 87-46B 1-5-88 1 Rpld 24(Note) 88-11 4-5-88 6(Note) 88-27 8-16-88 6(Note) 88-48 12-6-88 6(Note) 88-49 12-6-88 6(Note) 88-50 12-6-88 6(Note) 89-10 6-20-89 6(Note) 89-14 6-20-89 6(Note) 89-25 10-3-89 6(Note) 89-29 9-19-89 1 49 90-54 11-20-90 1 Deleted 64, 64.1(Note) 89-35 10-17-89 6(Note) 89-42 12-5-89 6(Note) 89-44 12-5-89 6(Note) 90-25 9-5-90 6(Note) 90-61 12-18-90 6(Note) 90-62 12-18-90 6(Note) 90-63 12-18-90 6(Note) 90-64 12-18-90 6(Note) 90-80 1-2-91 1 20 91-16 4-2-91 2 Rpld 23(Note) 91-26 5-21-91 1 15 91 47 Page 27 of 29 http://www.amlegal.com/alpscripts/ge t-content.aspx 3/3/2011 7-2-91 2 17 91-56 8-20-91 6(Note) 92-7 4-21-92 1 Deleted 20.1(d.1)(Note) 92-14 6-2-92 6(Note) 92-61 1-5-93 6(Note) 92-40 7-21-92 1 Deleted 20.1(d.1)(1)(Note) 93-11 6-1-93 6(Note) 93-40 12-7-93 6(Note) 93-43 12-7-93 6(Note) 93-46 12-7-93 6(Note) 93-49 12-7-93 6(Note) 93-55 12-7-93 6(Note) 93-59 12-7-93 6(Note) 93-62 12-7-93 6(Note) 93-65 12-7-93 6(Note) 93-68 12-7-93 6(Note) 94-32 10-18-94 6(Note) 94-35 10-18-94 6(Note) 94-41 10-18-94 6(Note) 94-44 10-18-94 6(Note) 94-53 1-3-95 6(Note) 95-11 6-6-95 2 6(Note) 95-14 6-20-95 2 6(Note) 95-17 6-6-95 2 6(Note) 95-25 7-18-95 2 139 97-36 8-5-97 2 23 97-38 8-5-97 2 24 97-39 8-5-97 2 Rpld 24(Note) 97-43 8-19-97 2 Rpld 1(Note), 7(Note), 7.2(Note), 8-11(Notes), 13(Note), 14 (Note), 24(Note), 25(Note), 28(Note), 29(Note), 30 (Note), 36(Note), 65(Note), 66.1(Note), 66.2(Note), 67 (Note), 71(Note), 130-137(Note), 156-169(Note) 97-52 1-20-98 2 Deleted 72(Note) 97-53 1-20-98 2 Rpld 72.4-72.8(Note), 72.12(Note) 98-19 7-7-98 2 6(Note) 98-27 7-21-98 2 6(Note) (See the Code Comparative Table) 04-055 8-3-04 2 6(Note) 04-080 11-3-04 2 6(Note) 04-085 10-4-04 2 6(Note) Page 28 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 Disclaimer: This Code of Ordinances and/or any other documents that appear on this site may not reflect the most current legislation adopted by the Municipality. American Legal Publishing Corporation provides these documents for informational purposes only. These documents should not be relied upon as the definitive authority for local legislation. Additionally, the formatting and pagination of the posted documents varies from the formatting and pagination of the official copy. The official printed copy of a Code of Ordinances should be consulted prior to any action being taken. For further information regarding the official version of any of this Code of Ordinances or other documents posted on this site, please contact the Municipality directly or contact American Legal Publishing toll-free at 800-445-5588. © 2011 American Legal Publishing Corporation techsupport@amlegal.com 1.800.445.5588. 06-047 5-16-06 2 55 08-005 4-1-08 2 15, 138, 139, 141 Page 29 of 29 http://www.amlegal.com/alpscripts/get-content.aspx 3/3/2011 ARTICLE I. CREATION AND POWERS Section 1.01. ESTABLISHMENT AND CONTINUATION OF THE CITY OF DELRAY BEACH. The City of Delray Beach, established and organized by Chapter 25786, Laws of Florida, Special Acts of 1949, as amended, shall continue as a Florida municipal corporation. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 1.02. POWERS. The City of Delray Beach shall have all governmental, corporate, and proprietary powers to enable it to conduct municipal government, perform municipal functions and render municipal services, and may exercise any power for municipal purposes except as otherwise provided by law. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 1.03. CONSTRUCTION. The powers of the City shall be construed liberally in favor of the City. Special Acts of the Florida Legislature pertaining to the jurisdiction and exercise of powers powers by this City shall be considered amendments to this Charter and shall be incorporated as official amendments to the Charter. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) ARTICLE I. CREATION AND POWERS Page 1 of 1 http://library4.municode.com/default-test/DocView/13704/1/3/4 3/3/2011 ARTICLE II. CORPORATE LIMITS Section 2.01. CORPORATE LIMITS. The boundaries and corporate limits of the City of Delray Beach now existing are continued and may be amended from time to time as provided by law. The boundaries and corporate limits shall be shown on a map maintained in the Planning and Zoning Department. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 2.02. DELRAY BEACH PLANNING AREA. The planning area, as shown in the Comprehensive Plan, shall be shown on a map maintained in the Planning and Zoning Department. Those portions of the planning area not now a part of the corporate boundaries may be included by annexation as provided by law. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Editor's note: Ordinance No. 54-86, passed on 9/9/86 and approved by the voters at a referendum election held 11/4/86, provides for the passage of the "Delray Beach Enclave Act (Chapter 86-427, Laws of Florida), "definitions of enclave and of the general boundaries of the City, and annexation of said enclaves within the boundaries of the City as same existed on February 28, 1986. Section 2.03. VOLUNTARY ANNEXATION OF TERRITORY BY ORDINANCE. Voluntary annexation shall occur in accordance with State law. Any annexing ordinance shall state that the boundaries of the City of Delray Beach are redefined so as to include the tract or tracts of land so being annexed. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Editor's note: See F.S. § 171.044 ARTICLE II. CORPORATE LIMITS Page 1 of 1 http://library4.municode.com/default-test/DocView/13704/1/3/5 3/3/2011 ARTICLE III. LEGISLATIVE* __________ *Editor's note: Ordinance No. 62-01, passed Jan. 8, 2002, and Adopted at Referendum March 12, 2002, amended article III in its entirety and enacted similar provisions as set out herein. The former article III derived from Ord. No. 4-76, passed Feb. 23, 1976, Adopted at Referendum Feb. 2, 1976; Am. Ord. No. 10-83, passed Jan. 25, 1983, Adopted at Referendum March 1, 1983; Am. Ord. No. 82-83, passed Nov. 22, 1983; Am. Ord. No. 83-83, passed Nov. 22, 1983; Am. Ord. No. 108-85, passed Sept. 24, 1985; and Am. Ord. No. 80-91, passed Nov. 19, 1991, Adopted at Referendum 3/10/92). __________ Section 3.01. FORM OF GOVERNMENT. The City of Delray Beach shall operate under the City Commission-City Manager form of government. All legislative powers of the City shall be vested in the City Commission. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.02. CITY COMMISSION: COMPOSITION, ELIGIBILITY, ELECTION, AND TERMS. (A) Composition and Term. The City Commission shall be composed of five (5) Commissioners, one of whom shall be duly elected Mayor. All of them shall be elected at large for a term of two (2) years in the manner provided in this Charter. (B) Staggered Terms. Two (2) Commissioners shall be elected in even-numbered years, and two (2) Commissioners shall be elected in odd-numbered years. The Mayor may be elected in an even or odd-numbered year. (C) Length of Mayor's Term. If a special election is held to fill a vacancy in the office of Mayor, the duration of the Mayor's term of office will be for two (2) years commencing on the last Thursday in March prior to the special election. (D) Terms as a Result of a Vacancy. In the event of vacancies, successors shall be appointed or elected in the manner provided in this Charter. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02; Ord. No. 63-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.03. QUALIFICATIONS OF CANDIDATES; ELECTION. (A) Regulation of Qualifications. The qualifications, time, time, manner, and costs of qualifying as a candidate for Mayor or Commissioner shall be regulated by Chapter 34 of the Code of Ordinances of the City. ARTICLE III. LEGISLATIVE* Page 1 of 7 http://library4.municode.com/default-test/DocView/13704/1/3/6 3/3/2011 (B) Filing of Candidate Petitions. All candidate petitions shall be filed with the City Clerk no earlier than noon on the last Tuesday in January and no later than noon on the second Tuesday in February of the calendar year in which the election will be held provided; however, if a special election to fill a vacancy in the office of Mayor is to be held, the time for qualifying shall be as provided by this Charter and Chapter 34 of the Code of Ordinances of the City of Delray Beach. (C) Names of Candidates. The City Clerk shall deliver the names of all candidates and the offices for which they have filed, to the Supervisor of Elections no later than 5:00 p.m. on the first Friday after the close of qualifying. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02; Ord. No. 63-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.04. ASSUMPTION OF OFFICE; ORGANIZATIONAL MEETING. (A) Assumption of Office. The successful candidates for Mayor and Commissioners shall assume office on the last Thursday in March following their election. The Commission shall hold an organizational meeting immediately thereafter, and shall select from the Commissioners other than the Mayor, a Vice-Mayor and a Deputy Vice-Mayor. These two (2) officials shall serve in their respective capacities at the pleasure of the Commission until the organizational meeting of the following year. (B) Assumption of Office for Appointees and Those Elected at a Special Election. A person appointed to fill a vacancy in the office of Mayor by electing a Mayor at a special election shall assume office at the first regular meeting of the Commission after being so appointed or elected. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02; Ord. No. 63-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.05. OATH OF OFFICE. Before assuming their respective offices, the Mayor and Commissioners shall each take and subscribe the following oath: "I do solemnly swear (or affirm) that I will support, protect, and defend the Constitution and Government of the United States and of the State of Florida and of the City of Delray Beach; that I am duly qualified to hold office under the laws of the State of Florida and the Charter and laws of the City of Delray Beach, and that I will well and faithfully perform the duties of {Mayor} {Commissioner} of the City, upon which I am about to enter. (So help me God.)" (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.06. MAYOR, VICE-MAYOR, AND DEPUTY VICE-MAYOR. (A) Duties of the Mayor. The Mayor shall preside at meetings of the Commission and represent the City in intergovernmental relationships. The Mayor shall be recognized as the head of the City government for all ceremonial purposes, service of process and by the Governor for purposes of military law. The Mayor shall execute contracts, deeds, intergovernmental agreements and certifications, and other documents on behalf of the City, but shall have no administrative duties except as required to carry out the foregoing responsibilities. ARTICLE III. LEGISLATIVE* Page 2 of 7 http://library4.municode.com/default- test/DocView/13704/1/3/6 3/3/2011 (B) Duties of the Vice-Mayor. In the absence or disability of the Mayor, the Vice-Mayor shall serve as Mayor, possessing all the powers, duties, and prerogatives of the Mayor. (C) Duties of the Deputy Vice-Mayor. While the Vice-Mayor is serving as Mayor, or in the absence or disability of the Vice-Mayor, or should the Vice-Mayor refuse to perform the duties imposed by law, the Deputy Vice-Mayor shall have all the powers, duties, and prerogatives of the Vice-Mayor. (D) No Veto Power. The Mayor, Vice-Mayor, and Deputy Vice-Mayor shall each have a voice and a vote in the proceedings of the Commission, but no veto power. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.07. FORFEITURE OF OFFICE. (A) Forfeiture of Office. Any Commissioner, including the Mayor, shall forfeit the office if that Commissioner or Mayor: (1) Ceases to possess the required qualifications; or (2) Shall be convicted of a felony; or (3) Violates any standard of conduct or code of ethics established by law for public public officials, as determined by a majority vote of the remaining Commissioners and Mayor; or (4) Fails to attend four (4) consecutive regular Commission meetings, unless excused for good cause by a majority vote of the remaining Commissioners and Mayor. (B) Declaration of Vacancies. It shall be the duty of the remaining Commissioners to declare the office vacant as a result of forfeiture and to fill the vacancy as provided in this Charter. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.08. VACANCIES; FILLING OF VACANCIES. The office of a Commissioner, including the Mayor, shall become vacant upon the incumbent's death, resignation, forfeiture, or removal from office in any manner authorized by law. Any vacancy in the membership of the Commission, other than at the close of a regular term, shall be filled according to the following procedure. (A) Vacancy in Office of Commissioner. In the event of a vacancy other than in the office of the Mayor, the remaining Commissioners, including the Mayor, shall appoint, by a majority vote, a qualified person to fill the vacancy. (1) If the term of office in which the vacancy occurs expires on the last Thursday in March following the next regular City election, the person so appointed shall only serve until that date. (2) If the vacancy occurs sixty (60) or more days preceding the date of the next regular City election, and if the term of office in which the vacancy occurs does not expire on the last Thursday in March following that election, the person so appointed shall serve until the last Thursday in March and the remainder of the unexpired term shall be filled at that election. ARTICLE III. LEGISLATIVE* Page 3 of 7 http://library4.municode.com/default-test/DocView/13704/1/3/6 3/3/2011 (3) If the vacancy occurs less than sixty (60) days preceding the date of the next regular City election, and if the term of office in which the vacancy occurs does not expire on the last Thursday in March following that election, the person so appointed shall serve for the entire remainder of the unexpired term. (4) If a majority of the remaining Commissioners, including the Mayor, are unable to agree, after two (2) regular meetings, upon the appointment of an individual to fill a vacancy. The Commission shall call a special election to fill the vacancy. The special election shall be held within sixty (60) calendar days of the second regular meeting. (B) Vacancy in Office of Mayor. (1) If a vacancy in the office of Mayor occurs at least sixty (60) or more calendar days preceding the date of the next regular City election, there will be an election to fill the Mayor's seat which will be held at the time of the next regular City election. If a vacancy occurs in the office of Mayor less than sixty (60) calendar days preceding the date of the regular City election, the Mayor shall be elected at a special election to be held on the second Tuesday in May. If a special election is held to fill the office of Mayor, those persons who previously qualified to run for the Mayor's seat and other candidates who qualify pursuant to this Charter and Chapter 34 of the Code of Ordinances may run for the Mayor's seat to be filled at the special election. Notwithstanding anything to the contrary, the Mayor elected at the special election shall assume office after the first regular meeting after being elected. (2) When a vacancy occurs in the office of Mayor, the Vice-Mayor shall automatically succeed to the office of Mayor and shall serve until the last Thursday in March following the next regular City election. Thereafter, the Vice-Mayor shall return to his or her former seat and complete the remainder of his or her Commission term if any part thereof remains unexpired. If a special election is called to fill a vacancy in the office of Mayor, the Vice-Mayor selected at the organizational meeting shall serve until a new Mayor is seated and shall thereafter return to his or her seat. (3) The succession of the office of Mayor by the Vice-Mayor shall create a vacancy in the Commission. The vacancy on the Commission shall be filled in the manner set forth in this Charter except the Commissioner appointed to fill the vacancy created on the Commission as a result of a vacancy in the office of Mayor that occurs sixty (60) days or more before the next election shall serve only until the last Thursday in March following the next regular City election. If a vacancy occurs on the Commission as a result of a vacancy in the office of Mayor less than sixty (60) days before the next election, the Commission seat shall remain vacant, notwithstanding anything to the contrary within this Charter until after the assumption of office of the Mayor after the special election. (4) If the Vice-Mayor is unable or unwilling to succeed to the office of Mayor, then the Deputy Vice-Mayor shall succeed to the office of Mayor. If the Deputy Vice-Mayor is unable or unwilling to succeed to the office of Mayor, the Commission shall then select a Mayor from the remaining Commissioners. If the Commission is unable to select a Mayor by the end of the second regular meeting after the vacancy then a special election shall be held for the election of the Mayor. (5) If a vacancy occurs in the office of Vice-Mayor, the Deputy Vice-Mayor shall automatically become Vice-Mayor and a new Deputy Vice-Mayor shall be selected by the Commission. If a vacancy occurs in the office of Deputy Vice-Mayor, the Commission shall then select a new Deputy Vice-Mayor. (C) Extraordinary Vacancies. In the event that all members of the Commission are removed by death, disability, resignation or forfeiture of office, the Governor shall appoint a Commission, including a Mayor, with full Commission powers. The interim Commission shall then call a special election, as provided under this Charter, to fill the appointed offices. The special election shall be held not more than ninety (90) days after appointment of the interim Commissioners. ARTICLE III. LEGISLATIVE* Page 4 of 7 http://library4.municode.com/default-test/DocView/13704/1/3/6 3/3/2011 (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02; Ord. No. 63-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.09. TERM LIMITS. (A) Term Limit. Individual Commissioners, including the Mayor, shall be prohibited from holding office for more than six (6) consecutive years. The term "holding office" shall be defined as serving as Commissioner or Mayor. The term "consecutive years" shall not include any years served as a result of an appointment. Effective for those elected in March of the year 2003 and thereafter, a Commissioner or Mayor may complete the entire term to which they were elected, if a term limit is reached during an elected term. (B) One Year Hiatus. A person who has served the maximum amount of consecutive time allowed by this Charter as a Commissioner or Mayor shall not assume office again until the last Thursday in March of the year following the expiration of his or her term of office. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02; Ord. No. 64-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.10. SALARIES AND EXPENSES. (A) Salaries. The Commission may determine the annual salaries of the Mayor and individual Commissioners by ordinance. No ordinance increasing the Mayor or Commissioner salaries shall become effective until the assumption of office of the Commissioners or Mayor elected at the next regular City election, provided that election follows adoption of the ordinance by at least six (6) months. (B) Actual Expenses. Commissioners, including the Mayor, shall receive their actual and necessary expenses incurred in the performance of their duties, as provided by law. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.11. PROHIBITIONS. (A) Appointment or Removal of Employees. Neither the Commission, nor any of its members, shall in any manner control the appointment or removal of any City officers or employees whom the City Manager or any of his or her subordinates are empowered to appoint. The Commission or any of its members may, however, express views and fully and freely discuss with the City Manager anything pertaining to the appointment and removal of these officers and employees. (B) Direction to Employees. Except for the purpose of inquiries and investigations, the Commission and its members shall deal with City officers and employees who are subject to the direction and supervision of the City Manager, solely through the City Manager. Neither the Commission nor its members shall give orders to any of those officers or employees, either publicly or privately. The foregoing does not prohibit individual members of the Commission from closely scrutinizing, by questions and personal observations, any aspect of City government operations in order to obtain information to assist in formulation of Commission policies. Recommendations for improvement in City government operations shall, however, be made to ARTICLE III. LEGISLATIVE* Page 5 of 7 http://library4.municode.com/default-test/DocView/13704/1/3/6 3/3/2011 and through the City Manager, so that he or she may coordinate the efforts of all City departments. (C) Holding City Office or Employment. No former member of the Commission shall, within the City, hold any compensated appointive City office or employment with the City until one (1) year after the expiration of the term for which he or she was elected or appointed. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.12. PROCEDURE. (A) Meetings. The Commission shall meet regularly at least twice a month at times and places that the Commission prescribes by rule or otherwise. Special meetings may be held on the call of the Mayor or of a majority of the Commission. Whenever practicable, there shall be at least twelve (12) hours notice of a special meeting to individual members of the Commission and to the public. (B) Rules. The Commission shall determine its own rules and order of business. (C) Voting. Voting on ordinances, resolutions, and motions shall be by roll call and shall be recorded in the minutes. three (3) members of the Commission shall constitute a quorum, but a smaller number may adjourn from time to time and may compel the attendance of absent members in the manner and subject to the penalties prescribed by the rules of the Commission. No action of the Commission, except as otherwise provided in the preceding sentence or in Sections 3.07 and 3.08 of this Charter, shall be valid and binding unless adopted by the affirmative vote of three (3) Commissioners. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.13. COMMISSION INVESTIGATIONS. Upon direction from the Commission, the City Clerk shall have the power to issue any writs, processes, and subpoenas needed to facilitate any investigation convened by the Commission for a municipal purpose. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 3.14. PLANNING AND ZONING BOARD AND BOARD OF ADJUSTMENT. (A) Planning and Zoning. The Commission has created and shall, in the interest of the public public health, safety, order, convenience and general welfare, maintain by ordinance a Planning and Zoning Board to make recommendations to the Commission. (B) Board of Adjustment. The Commission has created and shall maintain a Board of Adjustment, whose decisions may be appealed pursuant to general law. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) ARTICLE III. LEGISLATIVE* Page 6 of 7 http://library4.municode.com/default-test/DocView/13704/1/3/6 3/3/2011 Section 3.15. ALIENATION OF PUBLIC BEACHES. The Commission shall not in any manner alienate from the public, the public beach, lying between the north and south boundaries of Section 16, Township 46 South, Range 43 East, or any part thereof, of the City of Delray Beach, Florida. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) ARTICLE III. LEGISLATIVE* Page 7 of 7 http://library4.municode.com/default-test/DocView/13704/1/3/6 3/3/2011 ARTICLE IV. ADMINISTRATIVE-EXECUTIVE Section 4.01. CITY MANAGER. There shall be a City Manager who shall be the chief administrative officer of the City. He or she shall be responsible to the Commission for the administration of all City affairs placed in his or her charge by or under this Charter and such other duties as may be required by the Commission. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 4.02. APPOINTMENT; REMOVAL; COMPENSATION. (A) Appointment. The Commission shall appoint a City Manager for an indefinite term by majority vote of the Commission, to serve at the pleasure of the Commission. (B) Removal. The City Manager shall only be terminated by the City Commission upon the casting of four (4) affirmative votes in favor of such termination. Said vote shall not take place except at a public hearing which has been duly noticed seventy-two (72) hours in advance of the meeting at which the vote takes place. (C) Replacement. Upon the death, resignation, or termination of the City Manager, the Commission shall appoint an Acting City Manager and thereafter, within a reasonable time, appoint a regular City Manager. (D) Compensation. The compensation of the Manager shall be fixed by the Commission and shall not be reduced during this appointment. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Am. Ord. No. 8-83, passed 1/25/83, Adopted at Referendum 3/1/83; Am. Ord. No. 37-90, passed 8/28/90, Adopted at Referendum 11/6/90; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 4.03. ACTING CITY MANAGER. By letter filed with the Commission, the Manager shall designate, subject to approval of the Commission, a qualified City administrative officer to exercise the powers and perform the duties of Manager during his or her temporary absence or disability. During such absence or disability, the Commission may revoke such designation at any time and appoint another officer of the City to serve until the Manager shall return or his or her disability shall cease. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 4.04. POWERS AND DUTIES OF THE CITY MANAGER. ARTICLE IV. ADMINISTRATIVE-EXECUTIVE Page 1 of 5 http://library4.municode.com/default-test/DocView/13704/1/3/7 3/3/2011 (A) Powers of the City Manager. The City Manager shall have the following powers and duties: (1) Appoint and, when he or she deems it necessary for the good of the City, suspend or remove all City employees and appointive administrative officers provided for by or under this Charter, except as otherwise provided by law, this Charter or personnel rules adopted pursuant to this Charter. All appointments and promotions of City officials and employees shall be made solely on the basis of merit and fitness demonstrated by examination or other evidence of competence. The City Manager may authorize any administrative officer who is subject to his or her direction and supervision to exercise these powers with respect to subordinates in that officer's department, office, or agency. (2) Direct and supervise the administration of all departments, offices and agencies of the City, except as otherwise provided by this Charter or by law. (3) Attend all Commission meetings and shall have the right to take part in discussion, but may not vote. (4) See that all laws, provisions of this Charter and acts of the Commission, subject to enforcement by him or her or by officers subject to his or her direction and supervision, are faithfully executed. (5) Submit to the Commission and make available to the public a complete report on the finances and administrative activities of the City as of the end of each fiscal year. (6) Make such other reports as the Commission may require concerning the operations of City departments, offices and agencies subject to his or her direction and supervision. (7) Keep the Commission fully advised as to the financial condition and future needs of the City and make such recommendations to the Commission concerning the affairs of the City as he or she deems advisable or as the Commission may require. (8) Sign contracts on behalf of the City pursuant to the provisions of this Charter, provisions of appropriation ordinances and where authorized by ordinance, resolution or by motion (see Section 4.09). (9) 9) Perform such other duties as are specified in this Charter or may be required by the Commission. (B) Prohibition. The City Manager shall not adopt and provide personnel policies or personnel rules pursuant to this Charter that apply to any of the City's employees who are covered by a collective bargaining agreement that is subject to renegotiation, unless otherwise expressly provided in said personnel policies, personnel rules, or collective bargaining agreement. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 4.05. BUDGET PROCEDURE. (A) Fiscal Year. The fiscal year of the City shall begin on the first day of October, and end on the thirtieth day of September of the following year. Such year shall constitute the budget year of the City government, and whenever the word year appears in this Charter it shall be construed as meaning the fiscal year of the City unless otherwise indicated. (B) Budget Submission. The City Manager shall submit his or her recommended budget for the ensuing fiscal year to the Commission on or before the first regular meeting in August. Complete copies of the proposed budget shall be on file and available to the public for inspection during office hours in the office of the City Clerk, commencing the following business day. ARTICLE IV. ADMINISTRATIVE-EXECUTIVE Page 2 of 5 http://library4.municode.com/default-test/DocView/13704/1/3/7 3/3/2011 (C) Budget Document Requirements. The budget document shall present a complete financial plan for the ensuing fiscal year. It shall include, at least, the following information: (1) Detailed estimates of all proposed expenditures for each department and office of the City, showing the expenditures for corresponding items for the last preceding and current fiscal years with reasons for increases and decreases recommended, as compared with appropriations for the current year; (2) Statements of the bonded and other indebtedness of the City, showing the debt reduction and interest requirements, the debt authorized and unissued, and the conditions of the sinking funds, if any; (3) Detailed estimates of all anticipated income of the City from sources other than taxes and borrowing, with a comparative statement of the amounts received by the City from each of the same or similar sources for the last preceding and current fiscal years; (4) A statement of the estimated balance or deficit, as the case may be, for the the end of the current fiscal year; (5) An estimate of the amount of money to be raised from current and delinquent taxes, and the amount to be raised from bond issues which, together with income from other sources, will be necessary to meet the proposed expenditures; (6) Such other supporting schedules as the Commission may deem necessary. (D) Public Hearing. A public hearing on the budget shall be held on the first regular Commission meeting in September of each year. Notice of such public hearing shall be published at least one week in advance by the City Clerk. A condensed copy of the proposed budget shall be published. (E) Budget Adoption/Appropriations. At the second regular Commission meeting in the month of September of each year, the Commission shall, by resolution, adopt the budget for the next fiscal year, and shall, in such resolution, make an appropriation for the money needed for municipal purposes during the ensuing fiscal year of the City, and provide for a levy of the amount necessary to be be raised by taxes upon real and personal property for municipal purposes, which levy shall not, for the general operating expenses of the City, in any event exceed the mileage limitation as provided by State law on the assessed valuation of all real and personal property subject to taxation in the City. Should the Commission take no final action during said meeting, the budget as submitted, shall be deemed to have been finally adopted by the Commission. (F) Expenditures. No money shall be drawn from the treasury of the City, nor shall any obligation for the expenditure of money be incurred, except pursuant to the budget appropriations. The Commission may transfer any unencumbered appropriation balance, or any portion thereof, from one department, fund or agency to another. The balance in any appropriation which has not been encumbered at the end of the fiscal year shall revert to the General Fund and be reappropriated during the next fiscal year. (G) Financial Data. At the beginning of each quarterly period during the fiscal year, and more often if required by the Commission, the City Manager shall submit to the Commission data showing the relation between the estimated and actual income and expenses to date; and if it shall appear that the income is less than anticipated, the Commission shall reduce appropriations, except amounts required for debt and interest charges, to such a degree as may be necessary to keep expenditures within the income. (H) Deposits/Depositories. The Commission shall designate the depository or depositories for City funds, shall provide for the regular deposit of all City monies, and shall provide for the proper security of all City deposits. ARTICLE IV. ADMINISTRATIVE-EXECUTIVE Page 3 of 5 http://library4.municode.com/default-test/DocView/13704/1/3/7 3/3/2011 (I) Audit. An independent audit shall be made of all accounts of the City government at least annually, and more frequently if deemed necessary by the Commission. Such audit shall be made by certified public accountants experienced in municipal accounting, and who shall have no personal interest, direct or indirect, in the fiscal affairs of the City government or of any of its officers. The condensed audit shall be published within thirty (30) days after receipt of the same. An annual report of the City business shall be made available to the public by the City Manager in such form as will disclose pertinent facts concerning the activities and finances of the City government. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 4.06. SUPERVISOR OF DEPARTMENTS. With the approval of the Commission, the Manager may serve as the head of one or more departments, offices, or agencies or may appoint one person as the head of two (2) or more of them. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 4.07. LEGAL COUNSEL. There shall be a City Attorney and such Assistant City Attorneys and special counsel as the Commission shall deem necessary. They shall be responsible to the Commission for all legal matters of the City placed in their charge by or under this Charter and such other duties as may be required by the City Commission. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 4.08. LEGAL COUNSEL APPOINTMENT, REMOVAL AND COMPENSATION. (A) Appointment. The Commission shall appoint a City Attorney, such Assistant City Attorneys and special counsel as may be deemed necessary. The City Attorney and Assistant City Attorneys, if any, shall be appointed by Commission for an indefinite term by majority vote of the Commission. Special counsel may be appointed as the need arises. (B) Removal. The City Attorney and special counsel, at all times, shall hold office at the pleasure of a majority of the Commission. Assistant City Attorneys may be removed with or without cause by the City Attorney. (C) Compensation. The Commission may, from time to time, fix the regular compensation of the City Attorney, and Assistant City Attorneys, if any, at a sum commensurate with the duties which may be imposed on them by this Charter and by the Commission; provided, that all special or unusual services required of the City Attorney and Assistant City Attorneys, if any, may be specially compensated as the Commission may see fit to provide. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Am. Ord. No. 9-83, passed 1/25/83, Adopted at Referendum 3/1/83; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) ARTICLE IV. ADMINISTRATIVE-EXECUTIVE Page 4 of 5 http://library4.municode.com/default-test/DocView/13704/1/3/7 3/3/2011 Section 4.09. DUTIES OF LEGAL COUNSEL. (A) Duties. The City Attorney with the assistance of the City Clerk shall prepare all ordinances, all contracts and other instruments in writing in which the municipality is concerned, or shall endorse on each, his or her approval as to form. No contract with the municipality shall be binding upon the municipality until the City Attorney has endorsed his or her approval thereon, and this provision shall be strictly construed by all courts of this State. When required by the Commission, the City Attorney shall prosecute and defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party. (B) Opinions. The City Attorney shall furnish the Commission, City Manager, and Department Heads his or her opinion on any questions of law relating to their respective powers and duties; and he or she shall perform such other professional duties as may be required of him or her by ordinance, resolution or motion of the Commission, by this Charter, or by special acts. (C) Assistant City Attorneys. Assistant City Attorneys shall perform those duties assigned them by the City Attorney. (D) Special Counsel. Special counsel shall perform those duties assigned them by Commission. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) ARTICLE IV. ADMINISTRATIVE-EXECUTIVE Page 5 of 5 http://library4.municode.com/default-test/DocView/13704/1/3/7 3/3/2011 ARTICLE V. ELECTIONS Section 5.01. ELECTORS. Any person who is a resident of the municipality, who has qualified as an elector of this State, and who Registers in the procedural manner prescribed by general law and ordinance of the municipality, shall be a qualified elector of the municipality. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 5.02. TYPES OF ELECTIONS. Elections to be held in the City shall all be conducted on a nonpartisan basis without regard for or designation of political party affiliation. (A) Date of Nonpartisan Election. Nonpartisan elections shall be held on the second Tuesday in March of each year. (B) Ties. In case of a tie in the nonpartisan election, a second nonpartisan election shall be held. (C) Special Election. All other municipal elections that may be held by authority of this Charter, or of any law, shall be known as special elections. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Am. Ord. No. 7-83, passed 1/25/83, Adopted at Referendum 3/1/83; Am. Ord. No. 79-91, passed 11/19/91, Adopted at Referendum 3/10/92; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 5.03. FORM OF BALLOTS. (A) Arrangement of names on ballot. The names of the candidates for each Commission office seat and for the office of Mayor shall be arranged separately and alphabetically and nothing on the ballot shall be indicative of the source of the candidacy of any candidate. (B) Ballot Title. A charter amendment, initiative petition or referendum ordinance to be voted on by the City shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure without argument or prejudice. (C) Ballot Form. Immediately below the ballot question shall appear the word "yes" and the word "no" with a blank space thereafter to indicate the voter's choice. The word "yes" shall mean the question is approved. The word "no" shall mean the question is not approved. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Am. Ord. No. 99-85, passed 9/24/85, Adopted at Referendum 11/5/85; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) ARTICLE V. ELECTIONS Page 1 of 4 http://library4.municode.com/default-test/DocView/13704/1/3/8 3/3/2011 Section 5.04. ELECTIONS GENERALLY. (A) Number of Votes per Elector. Each elector shall be entitled to vote for each of the vacant seat numbers for the office of Commissioner and shall also be entitled to one vote for a candidate for the office of Mayor when there is a vacancy in that office; provided, however, no elector shall be entitled to cast more than one vote for any candidate. (B) Highest Number of Votes to Elect in First Nonpartisan Election. In a nonpartisan election, a candidate for each of the seats on the ballot for the offices of Commissioners or for the office of Mayor who receives the highest number of votes even if it is not a majority of the votes cast by all electors casting ballots for that office shall be declared to be elected; provided, however, notwithstanding the foregoing provision, should two (2) or more candidates tie for the highest number of votes from all electors casting ballots for that seat for Commissioner or for the office of Mayor, then the candidates receiving the highest number of votes shall be declared candidates for the second nonpartisan election. (C) If One Person Qualifies for a Seat. In the event that not more than one person qualifies as a candidate for each of the seats for the offices of Commissioners or for the office of Mayor in the nonpartisan election, then an election shall not be held. Each candidate shall be deemed to have voted for himself or herself. (D) If No Person Qualifies. If no person qualifies as a candidate for any particular seat for the office of Commissioner or for the office of Mayor, then those seat(s) shall be declared vacant and it shall be the duty of the members of the Commission who are seated following the organizational meeting provided for in Section 3.04 of this Charter, by majority vote to appoint a qualified person to fill the vacancy. The member(s) appointed to fill a vacancy in the office of Commissioner or the office of Mayor shall serve as provided by Section 3.08 of this Charter. (E) Candidates for Second Nonpartisan Election. (1) In the second nonpartisan election, there shall be on the ballot those candidates for seats for the office of Commissioner or for the office of Mayor for those offices wherein candidates tied for the highest number of votes from all electors casting ballots for that seat or office in the first nonpartisan election. The names of the candidates to be voted upon at the second nonpartisan election shall be the candidates which tie for the highest number of votes in the nonpartisan election. (2) In the event a candidate withdraws or dies before the second nonpartisan election and leaves only one candidate for each vacancy for a seat for the office of Commissioner or for the office of Mayor to be filled, then the second nonpartisan election shall not be held for that office. Each candidate shall be deemed to have voted for himself or herself. (F) Method of Election in a Second Nonpartisan Election. In the second nonpartisan election, the remaining offices shall be filled by the candidate(s) receiving the highest number of votes for each seat for the office of Commissioner or for the office of Mayor. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Am. Ord. No. 68-78, passed 9/25/78, Adopted at Referendum 11/7/78; Am. Ord. No. 7-83, passed 1/25/83, Adopted at Referendum 3/1/83; Am. Ord. No. 99-85, passed 9/24/85, Adopted at Referendum 11/5/85; Am. Ord. No. 79-91, passed 11/19/91, Adopted at Referendum 3/10/92; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 5.05. RETURNS OF ELECTIONS. ARTICLE V. ELECTIONS Page 2 of 4 http://library4.municode.com/default-test/DocView/13704/1/3/8 3/3/2011 (A) Canvassing the Returns. The results of the voting, when ascertained by the Supervisor of Elections, shall be returned in duplicate; one copy to be delivered to the Mayor and the other to the City Clerk, both of whom shall transmit such returns to the Commission at a meeting to be held not later than three (3) days after such election. At such meeting the Commission shall canvass the returns and, in the absence of a declaration of a contest by any of the candidates in such election, shall declare the results of the election as shown by the returns made by the Supervisor of Elections. (B) Certificates of Election. The City Clerk, not later than noon the second day thereafter, shall furnish a certificate of election to each person shown to be elected. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Am. Ord. No. 2-82, passed 1/26/82. Adopted at Referendum 3/2/82; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 5.06. JUDGE OF ELECTION AND QUALIFICATION. The Commissioners shall be the judge of the qualifications of its own members, and the City Clerk shall be the judge of the election and election returns for the office of Mayor and for the offices of Commission seats. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Am. Ord. No. 101-85, passed 9/24/85, Adopted at Referendum 11/5/85; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 5.07. SPECIAL ELECTIONS. (A) Special Election Rules. The Commission shall provide the time, manner, and means of holding any special election, provided that no special election shall be called less than thirty (30) days following the adoption of a resolution calling for such election. (B) Method and Manner Set Forth by Ordinance. The Commission shall prescribe by ordinance the method and manner of holding all elections in the City, and shall provide when and how special elections shall be called and held which are not provided by the terms of this charter. All elections shall be conducted in accordance with this Charter and with the provisions of general law. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 5.08. STRAW VOTE ELECTIONS. The Commission is also empowered and authorized to spend public funds for the conduct of straw vote elections upon a determination by the Commission that it is in the best interest of the City to obtain an expression of the people with respect to a particular municipal question. The Commission shall have the right to hold a straw vote election at any time, and may prescribe limitations relating to the eligibility of those who shall be qualified to participate. The results of said election shall not be binding on the Commission. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) ARTICLE V. ELECTIONS Page 3 of 4 http://library4.municod e.com/default-test/DocView/13704/1/3/8 3/3/2011 Section 5.09. RECALL. The electors of the City shall have the power to recall and to remove from office any elected official of the City as provided by general law. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) ARTICLE V. ELECTIONS Page 4 of 4 http://library4.municode.com/default-test/DocView/13704/1/3/8 3/3/2011 ARTICLE VI. INITIATIVE, REFERENDUM Section 6.01. INITIATIVE. The electors of the City shall have the power to propose ordinances to the Commission. If the Commission fails to adopt an ordinance so proposed without any change in substance, the ordinance may be approved or rejected at a City election, if the provisions of this Article are met. However, no ordinance relating to or affecting the budget, capital program, appropriation of money, levy of taxes or salaries of City officers or employees shall be allowed to be brought forward as an initiative. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 6.02. REFERENDUM. The electors of the City shall have power to require reconsideration by the Commission of any adopted ordinance. If the Commission fails to repeal an ordinance brought forward for reconsideration, the issue may be approved or rejected at a City election if the provisions of this Article are met. However, no issue shall be allowed to be brought forward for reconsideration that relates to or affects the budget, capital program, any emergency ordinance, or ordinance relating to appropriation of money, levy of taxes, or salaries of City officers or employees. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 6.03. COMMENCEMENT OF PROCEEDINGS. (A) Petitioners Committee. Any five (5) electors may commence either initiative or referendum proceedings by filing with the City Clerk or other official designated by the Commission (hereinafter both officials shall be referred to as "City Clerk") an affidavit stating they will constitute the petitioners' Committee and be responsible for circulating the petition and filing it in proper form, stating their names, and addresses, and specifying the address to which all notices to the Committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. (B) Issuance of Petition Blanks. Promptly after the affidavit of the petitioners' Committee is filed, the City Clerk may, at the Committee's request, issue the appropriate petition blanks to the petitioners' Committee at the Committee's expense. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 6.04. FORM OF PETITIONS. ARTICLE VI. INITIATIVE, REFERENDUM Page 1 of 4 http://library4.municode.com/default-test/DocView/13704/1/3/9 3/3/2011 (A) Number of Signatures. Initiative and referendum petitions must be signed by electors of the City equal in number to at least fifteen (15) percent of the total number of electors Registered to vote at the last regular City election. (B) Form and Content. All papers of a petition shall be uniform in size and style and shall be assembled as one instrument for filing. Each signature shall be executed in ink or indelible pencil and shall be followed by the printed name, address, precinct number, and date the person signed the petition. Petitions shall contain, or have attached thereto throughout their circulation, the full text of the ordinance proposed or sought to be reconsidered. (C) Affidavit of Circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that he or she personally circulated the paper, the number of signatures thereon, that all the signatures were affixed in his or her presence, that he or she believes them to be the genuine signatures of the persons whose names they purport to be, and that each signer had an opportunity before signing to read the full text of the ordinance proposed or sought to be reconsidered. (D) Time for Filing Initiative Petitions. Initiative petitions must be filed within sixty (60) days of the first signature thereon and signatures may not be procured prior to the time of commencement of proceedings as set forth in Section 6.03. When the petitions have been filed, the City Clerk shall submit the same to the Commission at its next regular meeting and provisions shall be made by the City Clerk for public hearings upon the proposed ordinance. (E) Time for Filing Referendum Petitions. Referendum petitions must be filed within sixty (60) days after adoption by the Commission of the ordinance sought to be reconsidered. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 6.05. PROCEDURE FOR FILING. (A) Certificate of City Clerk; Amendment. Within twenty (20) days after the initiative petition is filed and five (5) days after a referendum petition is filed, the City Clerk shall complete a certificate as to its sufficiency. The certificate shall specify the deficiencies and defects and shall promptly send a copy of the certificate to the petitioners' Committee by Registered mail. Grounds for insufficiency are only those specified in Section 6.04. A petition certified insufficient for lack of the required number of valid signatures may be amended once if the petitioners' Committee files a notice of intention to amend it with the City Clerk within two (2) days after receiving the copy of his or her certificate and files a supplementary petition within ten (10) days after receiving the copy of such certificate. Additional signatures may be gathered in this ten (10) day period in order to meet the minimum required number of electors. Such supplementary petition shall comply with the requirements of subsections (B) and (C) of Section 6.04. Within five (5) days after it is filed the City Clerk shall complete a certificate as to the sufficiency of the petition as amended and promptly send a copy of such certificate to the petitioners' Committee by Registered mail as in the case of an original petition. (B) Final determination of Sufficiency by City Clerk. If a petition or amended petition is certified sufficient, or if a petition or amended petition is certified insufficient and the petitioners' Committee does not elect to amend or request Commission review under subsection (C) of this Section within the time required, the City Clerk shall promptly present his or her certificate to the Commission and the certificate shall then be a final determination as to the sufficiency of the petition. (C) Commission Review. If a petition has been certified insufficient and the petitioners' Committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the Committee may, within two (2) business days after receiving the copy of ARTICLE VI. INITIATIVE, REFERENDUM Page 2 of 4 http://library4.municode.com/default-test/DocView/13704/1/3/9 3/3/2011 such certificate, file a request for review by the City Commission and the Commission's determination of sufficiency of the petition, shall be the final determination. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 6.06. REFERENDUM PETITIONS SUSPENSION OF EFFECT OF ORDINANCE. When a referendum petition is filed with the City Clerk, the ordinance sought to be reconsidered shall be suspended from taking effect. Such suspension shall terminate when: (1) There is a final determination of insufficiency of the petition; or (2) The petitioners' Committee withdraws the petition; or (3) The Commission repeals the ordinance; or (4) After a vote of the City on the ordinance has been certified. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 6.07. ACTION ON PETITIONS. (A) Action by Commission. When an initiative or referendum petition has been finally determined sufficient, the Commission shall promptly consider the proposed initiative ordinance in the manner provided by general law for passage of ordinances or reconsider the referred ordinance by voting its repeal. If the Commission fails to adopt a proposed initiative ordinance without any change in substance within sixty (60) days or fails to repeal the referred ordinance within thirty (30) days, it shall submit the proposed or referred ordinance to the voters of the City. (B) Submission to Voters. The vote of the City on a proposed or referred ordinance shall be held not less than thirty (30) days and not more than sixty (60) days from the date that the petition was determined sufficient. If no regular City election or no general or primary election is to be held within the period described in this subsection, the Commission shall provide for a special election, except that the Commission may in its discretion provide for a special election at an earlier date within the described period. Copies of the proposed or referred ordinance shall be made available at the polls. (C) Withdrawal of Petitions. An initiative or referendum petition may be withdrawn at any time prior to the fifteenth day preceding the day scheduled for a vote of the City by filing with the City Clerk a request for withdrawal signed by at least four (4) members of the petitioners' Committee. Upon the filing of such request the petition shall have no further force or effect and all proceedings thereon shall be terminated. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 6.08. RESULT OF ELECTION. ARTICLE VI. INITIATIVE, REFERENDUM Page 3 of 4 http://library4.municode.com/default-test/DocVie w/13704/1/3/9 3/3/2011 (A) Initiative. If a majority of the electors voting on a proposed initiative ordinance vote in its favor, it shall be considered adopted upon certification of the election results and shall be treated in all respects in the same manner as ordinances of the same kind adopted by the Commission. If conflicting ordinances are approved at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. (B) Referendum. If a majority of the electors voting on a referred ordinance vote against it, it shall be considered repealed upon certification of the election results. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Editor's note: This Article VI shall apply to all initiative and referendum situations within the City, unless otherwise governed by F.S. Sections 166.031, 171.0413 and 171.051. ARTICLE VI. INITIATIVE, REFERENDUM Page 4 of 4 http://library4.municode.com/default-test/DocView/13704/1/3/9 3/3/2011 ARTICLE VII. TRANSITION SCHEDULE Section 7.01. CONTINUATION OF FORMER CHARTER PROVISIONS. All provisions of Chapter 25786, Laws of Florida, Special Acts 1949, as amended by special law or otherwise, which are not embraced herein and which are not inconsistent with this Charter shall become ordinances of the City subject to modification or repeal in the same manner as other ordinances of the City. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 7.02. ORDINANCES PRESERVED. All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 7.03. RIGHTS OF OFFICERS AND EMPLOYEES. Nothing in this Charter, except as otherwise specifically provided, shall affect or impair the rights or privileges of persons who are City officers or employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the duties thereof. (Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 7.04. PENDING MATTERS. All rights, claims, actions, orders, contracts, and legal or administrative proceedings involving the City shall continue except as modified pursuant to the provisions of this Charter. All right, title, and interest in property, real or personal, uncollected taxes due, Claims, judicial decrees, liens, suits, actions, and choses in action held or owned by the existing municipality shall pass and the same are hereby vested in the municipality continued under this revised charter. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 7.05. OBLIGATION OF CONTRACTS PRESERVED. ARTICLE VII. TRANSITION SCHEDULE Page 1 of 2 http://library4.municode.com/default-test/DocView/13704/1/3/10 3/3/2011 No debt or obligation of contract of the City shall be changed as a result of the adoption of this Charter. All such debts and obligations shall pass to and be binding upon the municipality hereby continued. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) Section 7.06. DELETION OF OBSOLETE SCHEDULE ITEMS. The Commission shall have power, by resolution, to delete from this Article VII any Section, including this one, when all events to which the Section to be deleted is or could become applicable have occurred. (Ord. No. 4-76, passed 2/23/76, Adopted at Referendum 2/2/76; Ord. No. 62-01, passed 1/8/02, Adopted at Referendum 3/12/02) ARTICLE VII. TRANSITION SCHEDULE Page 2 of 2 http://library4.municode.com/default-test/DocView/13704/1/3/10 3/3/2011 CHARTER COMPARATIVE TABLE ORDINANCES This table shows the location of the sections of the basic Charter, amended in its entirety by Ordinance No. 62-01, and any subsequent amendments thereto. Ordinance No. 62-01 was adopted Jan. 8, 2002, and approved at referendum March 12, 2002. TABLE INSET: Ordinance Number Date Section Section this Charter 63-01 1-8-02 2 3.02, 3.03 4 3.08(B)(1)--(3) 64-01 1-8-02 2 3.09 CHARTER COMPARATIVE TABLE ORDINANCES Page 1 of 1 http://library4.municode.com/default-test/DocView/13704/1/11 3/3/2011