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O73-53.O, RDINANCE NO. 73-53 AN ORDINANCE OF THE CITY OF Bo!rNToN BEACH, FLORIDA, AMENDiNG SECTION 38 OF ARTICLE III OF ~qE MUI~ICIPAL CHARTER OF SAID CITY BY PROVIDING TI{AT IN T~E EVENT T~E FTRST MONDAY IN J~3ARY .FALLS ON A LEGAL ,HOLIDAY T~EN THE MUNICIPAL JUDGE SEALL BE APPOINTED ON T~E FIRST WORKING DA~ FOLLOWING THE FIRST MONDAY ,IN ~ANUARY OF EACH 1rEAR AND T~L~T IN THE FURTHER~EVES?T T~AT THE FIRST MONDAY IN ~ND-ARY OF THE YEAR:~FOLLOWING ~ APPOINTMENT S~iALLFALL' ON A ~LEGAL t{OL~Y THEN ~ TERM OF THE MU~IC!PAL JUDGE SHA~L BE ~L THE AUTH~%I~ED .U~OER CHAp~ ER 166 eF THE iF_LO,IDA s~A~UTES ENTITLED ~!SI: ~P~L ~HOI~E~ RULE POWERS ~%~T, F~T~ER RE~LING pRoVIsioNS AND. EOR OTHER PURPOSmS . W~EREAS~ pursuant to the provisions ,of C~apter 166 of the Florida Statutes, entitled "Municipal Home Rule Powers Act", the City Council of th~ City of Boynton Beach= Ftorida= deems it necessary and advisable to provide that in the event that the first Monday in January shall fall on a legal holiday then the municipal judge shall be appointed on the first working day following the first Monday in January and to further provide that in the event that the first Monday in January following the appointment shall fall on a legal holiday then the term of the municipal judge shall be until the first working day following the first Monday in January following his appointment; NOW~ THEREFORE ~ BE IT ORDAINED BY THE CITY CODICIL OF THE CITY OF BOYNTON BEACH, FLORIDA: Section 1: That Section 38 of Article III of the municipal Charter of the City of Boynton Beach~ Florida~ be and is hereby amended to read as follows: "Sec. 38. Establishment, sessions; appoiDtm~t of judqe, term~ absence, disqualification. There shall be~ and there is hereby established in the City of Boynton Beach a municipal court to be k~aown as 'The Municipal Court of the City of Boynton Beach, Florida' for the trial of offenders against the municipal ordinances. Such court shall be presided over by a muni- cipal judge who shall be appointed by ~he City Council and serve until the first Monday in January of the succeeding year or until the first working day following the first Monday in January if the first Monday falls on a legal holiday~ at which time the members of the City Council shall appoint a municipal judge whose term of office thereafter shall be until the first Monday in January of the succeeding year or until the first working day following the firs~t Mom.day in January Monday fall on a ~gat holiday. Should the first The City Council shall~ annually on the first Monday of each year or on the first working day fol- lowing the first Monday in January should the first Monday fall on a legal holiday, appoint ~a municipal judge for an ensuir~.one-year term u~tiI the ~first Monday in Jaauary of~ke succeeding Year or until the first worki-ng day f~tlowing the ~irst Monday should the first Monday fall on a legal holiday. In case of the municipal judge, the City Council may designate some.other person to act as municipal judge. Sessions of~ the munic~p~i court may be'held daily except on Sundays~and holidays." Section. 2: AUTHORITY T~ CODIFY: Specific authority is hereby granted to codify and incorporate this Ordinance zn the City's existing Code. Section 3: SEPARABILITY: Each of the provisions of this Ordinance are separable, including ~ordt clause, phrase or sen- tence~ and if any portion thereof shall he.declared invalid~ the remaining portion shall not be affected but shall remain in full force and effect. Section 4: REPEALING PROVISIONS: Ail ordinances or parts of ordinances in conflict herewith are hereby repealed. First reading this 20th day of Novembar, A.D.~ 1973. Second, final reading and passage this /~7~ day of December~ A.D., 1973. CITY OF BY BOYNTON BEACH FLORIDA ATTEST: City Cl~k - 2 Council~mn