R15-137 1 RESOLUTION NO. R15 -137
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4 A RESOLUTION OF THE CITY OF BOYNTON BEACH,
5 FLORIDA, AUTHORIZING THE CITY ATTORNEY OR
6 HIS DESIGNEE TO ACCEPT SERVICE OF PROCESS
7 ON BEHALF OF THE CITY IN THE ABSENCE OF THE
8 MAYOR, VICE MAYOR OR ANY MEMBER OF THE
9 CITY COMMISSON; AND PROVIDING FOR AN
10 EFFECTIVE DATE.
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12 WHEREAS, Florida Statute s. 48.11 states that service of process (delivery of a new
13 lawsuit) on a municipality be accomplished by a process server personally delivering a
14 summons and copy of complaint to the Mayor, or in the absence of the Mayor to the Vice -
15 Mayor, or in the absence of both to a City Commissioner; and
16 WHEREAS, there are times when the Mayor, Vice Mayor and Members of the
17 Commission are not present at City Hall; and
18 WHEREAS, the Commission finds that it is in the interest of justice to facilitate the
19 progress of a lawsuit by allowing the City Attorney or his designee to accept service of a
20 summons and complaint.
21 NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
22 CITY OF BOYNTON BEACH, FLORIDA, THAT:
23 Section 1. The foregoing "WHEREAS" clauses are true and correct and
24 hereby ratified and confirmed by the City Commission
25 Section 2. The City Commission authorizes the City Attorney or his designee to
26 accept service of a summons and complaint when neither the Mayor, nor the Vice Mayor, nor
27 any Member of the City Commission is present at City Hall.
28 Section 3. That this Resolution will become effective immediately upon passage.
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31 PASSED AND ADOPTED this 20 day of October 2015.
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34 CITY OF BOYNTON BEACH, FLORIDA
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36 YES NO
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38 Mayor — Jerry Taylor
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40 Vice Mayor — Joe Casello
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42 Commissioner — David T. Merker 4./
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44 Commissioner — Mack McCray ✓
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46 Commissioner — Michael M. Fitzpatrick +�
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49 VOTE 5 -0
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51 ATTEST:
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55 Janyt M. Prainito, MMC
56 tfy Clerk
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58'
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60 (( • r eal)
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4J y
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