O97-43ORDINANCE N0.O97- ~/3
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING
TO REFERENDUM AN' AMENDMENT TO DELETE
SECTIONS OF THE CHARTER RENDERED
UNNECESSARY BY THE HOME RULE POWERS AND
OTHER PROVISIONS OF LAW; DELINIATING
SECTIONS 1,7, 7.1, 7.2, 8-11, 13, 14, 20.1,
24, 25, 28, 29, 30, 36, 65, 66.1, 66.2, 67,
71, 130-137 AND 156-169 OF THE CITY
CHARTER; PROVIDING FOR FORM OF QUESTION TO
BE PRESENTED AT THE REFERENDUM ELECTION;
PROVIDING FOR TITLE LANGUAGE AND
EXPLANATORY LANGUAGE FOR THE BALLOT;
PROVIDING FOR NOTICE OF ADVERTISEMENT OF
SAID REFERENDUM ELECTION TO BE PUBLISHED IN
ACCORDANCE WITH THE CODE OF ORDINANCES, THE
CHARTER OF THE CITY OF BOYNTON BEACH, AND
THE STATE OF FLORIDA ELECTION CODE;
PROVIDING FOR SUBMISSION OF AMENDMENTS TO
THE DEPARTMENT OF STATE; PROVIDING FOR
CONFLICTS, SEVERABILITY AND AN EFFECTIVE
DATE.
WHEREAS, the City Commission of the City of Boynton Beach,
Florida has determined that it is in the best interest of the
citizens of the City to submit to the electorate a referendum
question which, if passed, would have the effect of deleting~the
numerous provisions of the City Charter that are unnecessary do
to the provisions of Home Rule Powers (F.S. 166.021) and other
laws.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF BOYNTON BEACH, FLORIDA THAT:
Section 1. The foregoing whereas clause is true and
from
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Words in underscored type are additions.
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correct and is now ratified and confirmed by the City
Commission.
Section 2. That the City Charter of the City of
the
Boynton Beach shall be amended to delete in its entirety,
following sections of the Charter:
SECTION 1.
SECTION 7.
SECTION 7.1
SECTION 7.2
SECTION 8.
SECTION 9.
SECTION 10.
SECTION 11.
SECTION 13.
SECTION 14.
Abolition of existing government.
General Powers.
Impounding, sale, redemption' of abandoned
vehicles; disposition of proceeds.
Extra-territorial municipal police powers.
Powers and privileges of general law
applicable.
Tort liability procedure.
Tax exemption of city property.
Exemptions from liens and forced sale of
city property.
Building, electrical and plumbing codes;
authority to adopt.
Gender defined; sex discrimination.
SECTION 24. Quorum, vote required
resolutions; enactment procedures generally.
SECTION 25.
SECTION 28.
SECTION 29.
on ordinances,
When ordinances, resolutions
emergency measures.
Budget of expenses; revenue.
SECTION 30.
effective;
Utility franchises
referendum.
authorized-Granting
Maximum franchise duration; extension of
from
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from
SECTION 36.
SECTION 65.
SECTION 66.1
SECTION 66.2
SECTION 67.
SECTION 71.
SECTION 130.
SECTION 131.
SECTION 132.
SECTION 133.
SECTION 134.
SECTION 135.
SECTION 136.
SECTION 137.
SECTION 156.
SECTION 157.
SECTION 158.
SECTION 159.
SECTION 160.
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utility.
Health regulations; City Board of Health.
City Clerk and tax collector-Same or
separate offices.
Definition of "public records"
Delivery of public records to City Clerk.
Duties of tax collector, city depository;
reports of funds.
Relatives of Mayor and councilmen prohibited
from city position.
Authority, generally, maximum interest
rate.
Refunding bonds-General authority.
Same-Authority to issue and sell, interest
rate, maturity.
Refunding Agreement-Authority to enter.
Same-permitted provisions.
Refunding of outstanding indebtedness.
Authorized purposes generally.
Referendum, required.
General authority; maximum assessment.
Definitions.
Special assessments-methods.
Same-General purposes.
Procedure, content of resolution,
publications, report of cost and assessment
roll, computation of assessment, levy,
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existing law;
Words in underscored type are additions.
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Section 161.
Certificates of indebtedness, and
improvement bonds, interest rates, sale,
lien, improvement fund., maximum issuance,
proceeds.
Section 162.
Record of debt certificates, etc., as
public notice.
Section 163.
Enforcement of liens-Collateral attack,
types of action by city, costs.
Section 164.
Same-Service of process, appeal.
Section 165.
Same-Liability for attorney's fees.
Section 166.
Extent of authority.
Section 167.
Sidewalks, curbs or gutters; improvement
resolutions, assessment, lien.
Section 168.
Clearance of land; eradication of
mosquitoes, etc.
Section 169.
General law applicable.
Section 3. The amendment of the City Charter of the City of Boynton
Beach shall not take effect unless and until the proposed amendment is submitted to
the vote of the electors of the City of Boynton Beach at the general election held in
March, 1998 by separate ballot question.
Section 4. The title of the ballot and explanatory statement setting forth
th~ substance of the proposed Charter Amendment shall appear on the ballot and
shall read as follows:
AN AMENDMENT TO CHARTER
UNNECESSARY CHARTER SECTIONS
DELETING
THIS AMENDMENT WOULD ELIMINATE PROVISIONS
OF THE CHARTER THAT ARE UNNECESSARY BECAUSE
THEY ARE PROVIDED UNDER HOME RULE POWERS OR
ARE OTHERWISE PROVIDED FOR BY LAW, TO WIT:
SECTIONS 1, 7, 7.1, 7.2, 8-11, 13, 14, 24,
25, 28, 29, 30, 36, 65, 66.1, 66.2, 67, 71,
130-137 AND 156-169.
SHOULD THE CHARTER BE AMENDED AS PROPOSED?
YES NO
Section 5. The City Clerk of the City of Boynton
Beach, Florida ms hereby authorized and directed to advertise
the referendum election contemplated herein in accordance with
the Code of Ordinances of the City of Boynton Beach, the city
Charter of the City of Boynton Beach, and the State of Florida
Election Code.
Section 6. Ail Ordinances or parts of Ordinances,
Resolutions or parts of Resolutions in conflict herewith shall
and the same are hereby repealed to the extent of such conflict
only upon passage of the referendum.
Section 7.
this Ordinance shall
jurisdiction to be
unconstitutional or
If any clause, section or other part of
be held by any court
unconstitutional or
invalid part shall be
of competent
invalid, such
considered as
eliminated and not effecting the validity of the remaining
portions of the Ordinance and its application shall remain in
from
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full force and effect.
Section 8. This Ordinance shall become effective only
upon passage of the referendum question at the
///~/,' /~ , 19 ~, ~/~-~/;~ election.
FIRST READING this ~ day of /~Zz~z/~'/'
SECOND, FINAL READING and PASSAGE this
/~'~- , 1997.
, 1997.
day of
ATTEST:
Commissioner
from
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