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k"A D1 k 0 1 1 re Z 4 D1 01 D1 %"A D1 0 DO
ADOPT REVISED CHARTER TO DELETE OBSOLETE
CHARTER PROVISIONS AND PROVIDE FOR NON-
SUBSTANITVE CHANGES
SECTION 4. The following question shall be placed • the ballot for consideration
by the qualified electors of the City of Boynton Beach, Florida, at the March, 2013, General
Municipal Election in Palm Beach County, Florida. The election ballot question shall read as
follows:
Shall the Charter be renumbered and revised to eliminate ineffective
language, fix grammatical errors, delete provisions which are superseded
or preempted by state law, and reorganized to consolidate related
subject matters?
no
ace]
SECTION 5. That should a majority • electors voting on the above-reference(i
referendum election vote "YES," thereby approving the above ballot issue the revised charter
language shall become a part of the Charter of the City of Boynton Beach, Florida.
SECTION 6. That the City Clerk is hereby directed to insure that the appropriate
numbers and/or letters are affixed to the Articles and Sections • the Charter in order to
conform the Charter to the amendments if approved.
SECTION 7. The City Clerk • the City • Boynton Beach is hereby authorized ant
directed to advertise the referendum election contemplated herein in accordance with the Styt—.
of Florida Election Code, as well as the City's Charter and Code of Ordinances.
SECTION 8. All Ordinance or parts of Ordinance in conflict herewith, be and the sam4
are repealed to the extent • such conflict.
SECTION 9. If any clause, section • other part • this Ordinance shall be held by any
court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid
part shall be considered as eliminated and in no way effecting the validity of the other provisions
• this Ordinance.
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*Rcrivener's Error — Should read, "...NON—SUBSTANTIVE CHANGESi-
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SECTION 10. This Ordinance shall become effective immediately upon its passage ani
adoption.
SECTION 11. Effective Date of Proposed Charter Amendments. The
Proposed Charter Amendments will take effect upon the affirmative vote of a majority of those
electors voting in the March, 2013 election in the City • Boynton Beach.
PASSED AND ADOPTED BY THE CITY COMMISSION OF THE CITY
BOYNTON BEACH, FLORIDA, ON THE FIRST READING, THIS 4 DAY
DECEMBER, 2012.
I ql�p I J
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ACommissioner —
4 Commisener — wa Segal
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35 t Prainito, MMC, City Clerk
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H:\
306\900182 GM\ORD\Ordinance - Charter Housekeeping Amendments (2012)FINAL.doe
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See. P-5. Establishment ofnew-municipality.
Sec. 21 When Commissioners and Mayor are to assume office.
The Cornmissioners 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 all-newly elected officials have taken office the Commission shall
organize in accordance with the provisions of S'a'Ic 2' , Charter and shall then proceed
to select the officers and employees, designated in �0 � Charter.
See. 3 1 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 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 - sinner.
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
S4 S
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.
'L iiN
"N"" tl e rc.gu ar C �'vi NlanAi M04-:---eCandidates for City
ICU11f D
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.
See. 4-t Judges of own qualifications, rules of procedure; expulsion of members; quorum;
fines and penalties.
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. RtK4544yi-<)f iv ff--3Mb0FR rim
4- ay &-moff',ber Isar C,0111,1LICt ilo. cfilicc� 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.
Sec. 54-9. 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.
1 See. 621). Filling vacancy on City Commission.
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.
I
Sec. 72 1. Authority to contract; execution; attestation and seal.
The Commission shall have the power to enter into contracts on behalf of the City,_ All
contracts shall. \ so be attested by the City Clerk with the
seal of the City there tatty- -affixed thereto.
See. KI-2. Frequency, date of regular meetings; special meetings; rules of procedure.
(a) The Commission shall hold its meetings as the Commission deems necessarv.-zis-ofttaii
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l&"ch 'nontl% ('-'r i
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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.
See. 911. Mayor, Vice Mayor; election, procedure.
See. 10- 1 -4. 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 this Charter
with respect to 7 at-�d _ ft,r di.a election of a Mayor.
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.
(a) Administrative officers, departments and agencies. The government of the City shall be
carried on by the Mayor and City Commission. They City Commission 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.
(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.
Sec. 2155. 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.
See. 22 City Attorney 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.
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See. 245A). City Attornev'Slamn! 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.
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Sec. 401-34. Call by Mayor, publication of proclamation; qualification of candidates, filing
by candidates with City Clerk; notification of Supervisor of Elections.
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.
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Sec. 424 41. 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 this Chartergeetior-t-439A *ere of,
See. 44143. 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 The Supervisor of Elections la-Teekon; tan d cll-ark-,s
ofe,4ectioi)s shall-be appointed inspectors and clerks by-111( il"* th" city.
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Sec. 45444. RaI6 elo4ig -v Voting results, certification, canvass of returns,
declaration of results; tie vote.
result of the voting, when
ascertained, shall be certified by return in duplicate, signed by the Supervisor of Elections, or
-fI"'.+'.' Ific ch.-,zlim one copy to be delivered to
their designeec 1 . ind A'I ' -9
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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 fourteen 0 4) daystla-� c,- du)-, after such
election. Prior to-At such meeting the Suvervisor of ElectionsCii, f ..',o. 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.
Sec. 5014-7. Initiative petition of proposed ordinances—Required signatures, etc.
See. 514-4N. Initiative PetitionSainL—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.
iiiiiii �:�I�Ipiiil 11111111111 �: 1 11141
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.
See. 544-e Initiative Pctitio it4rt—Forin 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:
The voter shall express himself by placing a cross X mark to the right of the line indicating
his desire in the matter.
See. 551 521. Initiative Petitio acrli-. --Vote required to amend or repeal.
See. 5615z3. Initiative PetitionN-ai, z 11. —Duty of City Attorney to draft ordinance and advise
upon.
It shall • the duty • the City Attorney to draft initiative ordinances or to pass upon thii
I egality of the same when requested to do so by the referendum committee of five. 0
Sec. 604-555. 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.
City
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* These sections are the subject of separate charter referendum questions. The language
changes in the other charter referenda, if adopted, shall supersede the language in these
sections.
I HA_GOV CLIENTS\BB 306\900182 GM \ORD \City of BB Charter 2012(11-9-12)FrNAL.docx