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21-018 1 ORDINANCE NO.21-018 2 3 AN ORDINANCE OF THE CITY OF BOYNTON BEACH, 4 FLORIDA, AMENDING CHAPTER 2, SECTION 2-1.2 "VICE 5 MAYOR APPOINTMENT" PROVIDING FOR ANNUAL 6 APPOINTMENT OR REAPPOINTMENT OF NEW VICE- 7 MAYOR FOR A ONE YEAR TERM;PROVIDING FOR REPEAL 8 OF LAWS IN CONFLICT, SEVERABILITY, CODIFICATION 9 AND AN EFFECTIVE DATE. 10 11 WHEREAS, the City Commission has requested clarification of the appointment of the 12 Vice-Mayor; and 13 WHEREAS, the proposed changes to Chapter 2, Section 2-1.2 of the City Code of 14 Ordinances clarify that the appointment or reappointment of a Vice-Mayor is on an annual basis. 15 NOW,THEREFORE,BE IT ORDAINED BY THE CITY COMMISSION OF THE 16 CITY OF BOYNTON BEACH,FLORIDA THAT: 17 Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as 18 being true and correct,and are hereby incorporated herein and made a part hereof. 19 Section 2. Both the City Charter and the City Code contain provisions for selection of 20 a Vice Mayor. In order to resolve any conflict in application of the Charter and Code provisions, 21 the City Commission finds that the intent of the Charter and Code is to provide for a one year term 22 for Vice Mayor and for annual appointment of a Vice Mayor without regard to whether there is a 23 municipal election in the year of selection. 24 Section 3. Chapter 2, Section 2-1.2 "Vice-Mayor Appointment" of the City's Code of 25 Ordinances is hereby amended to read as follows: 26 Sec. 2-1.2. Vice-Mayor appointment. 27 At the first Commission meeting in April of each year, second regular City 28 Commission meeting following the swearing in of newly elected officers, the City 29 Commission shall appoint one of its members to serve as Vice-Mayor. Any member 30 of the City Commission who has not previously served as Vice- Mayor during his or (00445593.2306-9001821) S:\CA\Ordinances\Vice Mayor Selection Chapter 2-Ordinance.docx 31 her current term of office may be selected to serve as Vice-Mayor. No second of the 32 nomination is required. Voting shall occur in the following manner: Voting shall be 33 by voice vote. Each member of the Commission shall vote for one nominee in each 34 round of voting until one person obtains a majority vote. If no nominee obtains a 35 majority in round one, there is another a second round of voting will occur but the 36 nominee with the least number of votes in the first round does not move on to round 37 two. If the Commission is unable to appoint a Vice Mayor as provided herein, the 38 previously appointed Vice Mayor will continue to serve in that capacity for another 39 one year term. If there are four nominees in round one, the nominee with the most 40 vot, :;,;. If only one member is nominated to serve as Vice-Mayor, the Mayor 41 shall declare the nominee appointed by acclamation without the necessity of a vote. 42 43 Section 4. All Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in 44 conflict herewith be and the same are hereby repealed to the extent of such conflict. 45 Section 5. If any clause, section, or other part or application of this Ordinance shall be 46 held by any court of competent jurisdiction to be unconstitutional or invalid, such unconstitutional or 47 invalid part or application shall be considered as eliminated and so not affecting the validity of the 48 remaining portions or applications remaining in full force and effect. 49 Section 6. Authority is hereby given to codify this Ordinance. 50 Section 7. This Ordinance shall become effective on passage. 51 FIRST READING this 1st day of June, 2021. 52 53 SECOND, FINAL READING AND PASSAGE this /S day of -Sine , 2021. 54 55 CITY OF BOYNTON BEACH, FLORIDA 56 57 YES NO 58 Mayor—Steven B. Grant 59 60 Vice Mayor—Woodrow L. Hay 61 62 Commissioner—Justin Katz 63 64 Commissioner—Christina L. Romelus 65 66 Commissioner—Ty Penserga t/ 67 68 VOTE S�D {oo44559323o6-9001821} S:\CA\Ordinances\Vice Mayor Selection Chapter 2 -Ordinance.docx 69 ATTEST: 70 71 72 73 stal Gibson, MC 74 ity Clerk 75 76 77 (Corporate Seal) G , (00445593.2306-9001821) S:\CA\Ordinances\Vice Mayor Selection Chapter 2-Ordinance.docx