O97-38ORDINANCE NO.D97-~
AN ORDINANCE OF THE CITY COMMISSION OF THE
CITY OF BOYNTON BEACH, FLORIDA, SUBMITTING TO
REFERENDUM AN AMENDMENT TO SECTION 54 OF THE
CITY CHARTER ENTITLED DUTIES, POWERS,
PRIVILEGES OF MAYOR; DELETING THE MAYORS
POWERS OVER THE POLICE AND FIRE DEPARTMENTS;
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
powers of the mayor as those powers relate to the police and fire
departments.
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 correct
and is now ratified and confirmed by the City Commission.
Section 2. That Section 54 of the City Charter of the City of
Boynton Beach shall be amended to read as follows:
CODING:
7/8/97
900182.BB
ORD/charter.01
Words in s~- ~~ type are deletion from
existing law;
Words in underscored type are additions.
Page 1 of 4
Sec. 54. DUTIES, POWERS, PRIVILEGES OF MAYOR.
The Mayor shall preside at all meetings of the
City Commission and perform such other duties
consistent with his office as may be imposed by the
City Commission, and he shall have a voice and a
vote in the proceedings of the City Commission, but
no veto power. He 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 the administrative or
judicial functions of a Mayor under the General
Laws of the State. He shall be considered as the
official head of the City for ceremonial purposes,
and he shall be so recognized by the courts for the
purpose of serving civil processes, and by the
Government in the exercise of military law. lie
~= ~ ~ ...... of ~ ~*~ He shall have such
other powers and duties as are conferred upon him
by the City Council in pursuance of the provisions
of this Charter and no other. In the absence or
disqualification of the Mayor, the other members of
the City Council shall select one of their members
to perform his duties. This selection shall be
made in accordance with the provisions of section
19 section 531 for the election of a Mayor.*
The Mayor shall ~have the power to bid in all
property for the City, at any and all judicial
sales, under process of law, where the City is a
party; he 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
Council.
Section 3. The amendment of Section 50 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
CODING:
7/8/97
900182.BB
ORD/charter.01
Words inu ..... uz mu~l' ~ ..... ~ type are deletion from
existing law;
Words in underscored type are additions.
Page 2 of 4
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 the substance of the proposed Charter Amendment
shall appear on the ballot and shall read as follows:
AN AMENDMENT TO CITY CHARTER SECTION 54,
POWERS OF MAYOR
THIS AMENDMENT OF THE CITY CHARTER WOULD
ELIMINATE THE PROVISION OF THE CHARTER THAT
PLACES THE MAYOR IN CHARGE OF THE POLICE AND
FIRE DEPARTMENT. THE POLICE AND FIRE
DEPARTMENT WOULD BE UNDER THE CHARGE OF THE
CITY MANAGER, WHO CURRENTLY PERFORMS THAT
FUNCTION.
SHOULD SECTION 54 OF THE CHARTER BE AMENDED AS
PROPOSED?
YES NO
Section 5.The City Clerk of the City of Boynton Beach,
Florida is 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.All 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.If any clause, section or other part of this
Ordinance shall be h~ld by any court of competent jurisdiction to
from
CODING:
7/8/97
900182.BB
ORD/charter.01
Words in ~ .... ~ ~ ..... m
...... ~ type are deletion
existing law;
Words in underscored type are additions.
Page 3 of 4
be unconstitutional or invalid, such unconstitutional or invalid
part shall be considered as eliminated and not effecting the
validity of the remaining portions of the Ordinance and its
application shall remain in full force and effect.
Section 8. This Ordinance shall become effective only upon
passage of the referendum question at the /z///7~/F /~ ,
19 ~, ~.~/~--~ election.
FIRST READING this /_v~- day of
SECOND, FINAL READING and
/~7' , 1997.
~,-/-~zF , 1997.
PASSAGE this -~ day of
ATTEST:
Y CLERK
CODING:
7/8/97
900182.BB
ORD/charter.01
Words in ..... ~- ~ ....
............. gh type are deletion from
existing law;
Words'in underscored type are additions.
Page 4 of 4