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HomeMy WebLinkAbout2022-04-25 - City Commission Workshop Meeting Agenda 1.Agenda 1.a Selection of the 2022/2023 Broward League of Cities Board of Directors Requested by Jennifer Johnson 1.b Discussion and consideration of potential Charter amendments CITY OF TAMARAC CITY COMMISSION WORKSHOP Commission Chamber Monday, April 25, 2022 10:00 AM Call to Order Roll Call Pledge of Allegiance Commissioner Debra Placko Adjournment The City Commission may consider and act upon such other business as may come before it. In the event this agenda must be revised, such revised copies will be available to the public at the City Commission meeting. Pursuant to Chapter 286.0105, Florida Statutes, if a person decides to appeal any decision made by the City Commission with respect to any matter considered at such meeting or hearing, he may need to ensure that a verbatim record of the proceedings is made which record includes the testimony and evidence upon which the appeal is based. The City of Tamarac complies with the provisions of the Americans with Disabilities Act. If you are a disabled person, requiring any accommodations or assistance, please notify the City Clerk's Office at 954-597-3505 of the need at least 48 hours (2 days) in advance. Additionally, if you are hearing or speech impaired and need assistance, you may contact the Florida Relay Service by dialing 7-1-1. 1 AGENDA ITEM NO. 1.a DATE:April 25, 2022 SUBMITTED BY:Jennifer Johnson ITEM TYPE:Other AGENDA SECTION:Agenda TITLE:Selection of the 2022/2023 Broward League of Cities Board of Directors Requested by Jennifer Johnson CITY COMMISSION WORKSHOP AGENDA ITEM REPORT ATTACHMENTS: Broward League of Cities Appointment.pdf BLC Appointments.pdf 2 Suite 122 Governmental Center, 115 South Andrews Avenue Fort Lauderdale, Florida 33301 Phone: 954.357.73 Internet: www.browardleague.org MEMORANDUM To: City Clerks From: Mary Lou Tighe, Executive Director Date: March 28, 2022 Re: 2022-23 Board of Director Appointments According to the League By-Laws: • Each city shall appoint a Director, Alternate, and Second Alternate to attend and vote at any Board of Directors or General Membership meeting held where he/she represents his/her municipality. • It is the responsibility of each Director to communicate with his/her respective municipal officials, employees, and constituents concerning actions taken or to be taken by the Board of Directors or the general membership. Directors are responsible for bringing issues of collective importance to the attention of the Board of Directors. • Each member of the Board of Directors shall notify his or her Alternate to attend Board of Director Meetings when that voting member will not attend. The Alternate shall have the right to participate and vote. In the event the Alternate cannot attend, the Alternate shall notify his or her Second Alternate to attend Board of Director meetings when the Alternate cannot attend. The Second Alternate shall have the right to participate and vote. Please agenda the selection of your Director, Alternate, and Second Alternate for an upcoming commission meeting. See the attached attendance record for the last year. The deadline for board appointments is April 30, 2022. The term will begin on May 13, 2022, where members will be sworn in at the 65 th Annual Gala at Margaritaville. All of the details for the gala can be found here: 65th Annual Gala | Broward League of Cites. The term will end in May of 2023. Please forward the information below to scochrane@browardleague.org. ====================================================== Municipality: ____________________________________ Commissioner/Council Appointments: Director: ____________________________________ Alternate: ____________________________________ Second Alternate:____________________________________ 2021-2022 OFFICERS President Beverly Williams Commissioner, Lauderdale Lakes 1st Vice President Vice Bob Mayersohn Commissioner, Parkland 2nd Vice Todd Drosky Vice Mayor, Deerfield Beach Treasurer Gary Resnick Commissioner, Wilton Manors DIRECTORS Immediate Past President Traci Callari Commissioner, Hollywood Past President Greg Ross Mayor, Cooper City Past President Susan Starkey Councilmember, Davie Past President Joy Cooper Mayor, Hallandale Beach Past President Frank Ortis Mayor, Pembroke Pines Jim Allbritton Councilmember, Southwest Ranches Barbara Baldasarre Commissioner, Hillsboro Beach Marlon Bolton Commissioner, Tamarac Samson Borgelin Commissioner, North Lauderdale Leann Bruener Councilmember, Sea Ranch Lakes Peggy Brown Mayor, Weston Felicia Brunson Mayor, West Park Joy Carter Commissioner, Coral Springs Mark Douglas Commissioner, Sunrise Rhonda Eaton Commissioner, Pompano Beach Beam Furr Commissioner, Broward County Denise Grant Vice Mayor, Lauderhill Denise Horland Councilmember, Plantation Geoffrey Jacobs Mayor, Pembroke Park Sabrina Javellana Commissioner, Hallandale Beach Tamara James Mayor, Dania Beach Edmund Malkoon Commissioner, Lauderdale-by-the-Sea Wayne Messam Mayor, Miramar Heather Moraitis Commissioner, Fort Lauderdale Scott Newton Mayor, Wilton Manors Joshua Rydell Commissioner, Coconut Creek Arlene Schwartz Mayor, Margate Iris Siple Commissioner, Pembroke Pines Matthew Sparks Commissioner, Oakland Park Glenn Troast Mayor, Lighthouse Point Samuel S. Goren, Esquire Goren Cherof Doody & Ezrol, PA Legal Counsel Mary Lou Tighe Executive Director Sely Cochrane Deputy Executive Director 3 Board Meeting Attendance 2021-2022 6/3/2021 9/2/2021 10/7/2021 12/2/2021 1/6/2022 2/3/2022 3/3/2022 4/7/2022 5/5/2022 Beverly Williams X X X X X X X Bob Mayersohn X X X X X X (alt.) Todd Drosky X X excused X (alt.)X X Gary Resnick X excused excused excused X excused Traci Callari X X X X X X X Greg Ross X X X excused X X X Susan Starkey X X X X X X X Joy Cooper X excused Frank Ortis X X excused excused X excused excused Jim Allbritton X X X X X X X Barbara Baldasarre X X X X X X X Marlon Bolton X X excused X X X Samson Borgelin X X X X X Leann Bruener X X X excused Peggy Brown X excused X X X Felicia Brunson X X X X X X Joy Carter X X excused X X X X Mark Douglas X X X X X X X Rhonda Eaton X X X X X X Beam Furr X (alt.) Denise Grant Denise Horland X X X excused X X Geoffrey Jacobs X excused excused excused Tamara James X X Sabrina Javellana X X X X X X X Edmund Malkoon X X (alt.)X X excused excused Wayne Messam alt.X excused Heather Moraitis X X X X X X Scott Newton Joshua Rydell X (alt.)(alt.)(alt.)(alt.)(alt.) Arlene Schwartz X X X X X X Iris Siple X X X X excused X Matthew Sparks X X X X X Glenn Troast 4 5 AGENDA ITEM NO. 1.b DATE:April 25, 2022 SUBMITTED BY:Jennifer Johnson ITEM TYPE:Discussion Item AGENDA SECTION:Agenda TITLE:Discussion and consideration of potential Charter amendments RECOMMENDATION:In concert with the City Attorney and City Clerk, we are requesting "Discussion and Consideration of Potential Charter Amendments" be placed on the City Commission Workshop agenda April 25, 2022. BACKGROUND:The members of the Charter Board concluded their review of the Charter, and subsequently held a public hearing Thursday, March 17, 2022. Attached for your review and discussion is the 2021/2022 Final Charter Board report with strikethrough and underline of prospective changes. STRATEGIC GOALS:Goal #1: Tamarac is Home CITY COMMISSION WORKSHOP AGENDA ITEM REPORT ATTACHMENTS: Proposed_Charter_Revisions_-_Charter_Review_Board_Recommendations_131080056.4_-C.pdf 3q. Tamarac - Revised Estimate.pdf 6 Page 1 of 25 131080056.4 CITY OF TAMARAC CHARTER PREAMBLE The registered voters citizens of the City of Tamarac, in order to protect the general health, welfare, and safety of its residents, promote honest, efficient and responsive government, hereby adopt a revised Home Rule Charter in accordance with the Constitution and Statutes of the State of Florida. ARTICLE I. - CREATION AND POWERS Sec. 1.01. - City created. The City of Tamarac, whose Charter was adopted on May 19, 1971, subsequently amended, and now superseded by this Charter, shall hereby continue to be known as the City of Tamarac, a body politic and corporate, and shall continue to have all governmental, corporate, and proprietary powers and duties granted or imposed by or not expressly prohibited by law to enable it to conduct a responsive and efficient municipal government, perform municipal functions and render municipal services. ARTICLE II. - CITY MAP AND CORPORATE BOUNDARIES Sec. 2.01. - Prepared by city engineer; changes; sale to public. The official city map and legal description shall be the one prepared by the city engineer and signed by him certifying that the map conforms to the city corporate boundaries. The city map and legal description shall be altered and certified by the city engineer within thirty (30) days after a change in corporate boundaries has been duly adopted by the city. Such map and any changes thereto when adopted and approved by the commission shall be filed with all appropriate officials as required by law. Copies of these maps shall be available to the public upon payment of the actual cost of duplication at a reasonable price. ARTICLE III. - CITY SEAL Sec. 3.01. - Described. The official seal of the City of Tamarac hereby established shall bear the legend "City of Tamarac, Broward County, Florida, (SEAL), Established 1963," and such identification symbols or logo as the commission may establish. 7 Page 2 of 25 131080056.4 ARTICLE IV. LEGISLATIVE Sec. 4.01. - City commission; powers and composition. The form of government of the city shall be a mayor/city commission/city manager form of government. The city commission, hereinafter referred to as the "commission," shall have vested therein all of the legislative powers of the city and all other powers and duties specifically vested in a municipal governing body by law. The commission shall consist of five (5) members, one of whom shall be the mayor. Sec. 4.02. - City commission; election, terms, and qualifications, and swearing in. The mayor and commissioners shall be elected for a term of four (4) years in the manner provided for and in accordance with the qualifications set forth in article VI. Commissioners from odd-numbered districts shall be elected at the municipal election held on November 4, 2008 and every four (4) years thereafter, and commissioners from even-numbered districts and the mayor shall be elected at the municipal election held on November 4, 2014 and every four (4) years thereafter. Commissioners from odd-numbered districts serving as of March 11, 2008 shall have their terms extended to November 4, 2008. The mayor and commissioners from even -numbered districts serving as of March 10, 2009, shall have their terms extended to November 10, 2009, at which date the City shall conduct a special election for the election of the mayor and commissioners from even-numbered districts, and the terms for mayor and commissioners from even-numbered districts elected November 10, 2009 shall have a term running through November 4, 2014. Beginning with the 1985 municipal election and effective for all elections thereafter, commissioners (including the mayor) who are elected to office shall not succeed themselves for more than two (2) terms, without an intervening term, regardless of the district or seat they might hold; except that if otherwise qualified, the mayor or ex-mayor may run for commission and a commissioner or ex-commissioner may run for mayor. Sec. 4.03. - Mayor and vice-mayor. The Mmayor shall be a voting member of the commission and shall preside at its meetings; shall be recognized as head of city government for all official functions, for service of process and by the governor for the purposes of military law; may be designated by the commission to represent the city in all agreements with or certifications to other governmental entities; shall have only those administrative duties required to carry out the responsibilities herein. In March, 2007 no earlier than the third Tuesday, a majority of the commissioners shall elect a vice-mayor, who shall serve until November, 2008. Beginning November, 2008, and each November thereafter,. no No earlier than the third Tuesday in November of each year, a majority of the commissioners shall elect a vice-mayor. The vice-mayor shall serve as acting mayor in the absence or disability of the mayor with all powers and duties of the mayor. The vice mayor shall serve a term of one (1) year and shall not serve successive one (1) year terms. In the event of a 8 Page 3 of 25 131080056.4 vice-mayoral vacancy, a majority of the commission shall elect a new vice-mayor who shall serve the remainder of the unexpired term. Sec. 4.04. - Compensation and expenses of mayor and commission. The salary of the mayor and commissioners shall be set through the annual budget process. The mayor shall be entitled to receive expenses allowable by law set through the annual budget process incurred in the performance of his the duties as mayor upon delivery of an itemized voucher to the city manager. Each commissioner (other than mayor) shall be entitled to receive expenses allowable by law set through the annual budget process incurred in the performance of his their duties as commissioner upon delivery of an itemized voucher to the city manager. Expense limitations for the mayor and commission shall be calculated per elected year. Sec. 4.05. - Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a commissioner shall become vacant upon death, resignation, forfeiture, or removal from office in any manner authorized by law. (b) Forfeiture of Office. A commissioner shall forfeit his office if the member lacks, at any time during the term of office, any qualifications for the office as prescribed by this Charter or by law. Any commissioner who is absent from all regular commission meetings for any reason, over a period of seventy-five (75) consecutive days shall forfeit his office. Any recess shall be included in the calculation of time provided in this section. (a) Vacancies. A vacancy in the office of mayor or city commission occurs when a mayor or a city commissioner resigns or leaves office otherwise than by normal expiration of their term of office. The office of mayor or city commissioner shall become vacant upon their death, resignation, removal from office in any manner authorized by law or forfeiture of their office, such forfeiture to be declared by the remaining members of the commission. (b) Forfeiture of office. A mayor or a city commissioner shall forfeit their office if that person: (1) Lacks at any time during a term of office any qualifications for the office prescribed in this charter or law, or (2) Violates any standard of conduct or code of ethics established by law for public officials, or (3) Is convicted of a crime involving moral turpitude, or 9 Page 4 of 25 131080056.4 (4) Fails to attend three (3) consecutive regular meetings of the city commission without an excuse satisfactory to a majority of remaining members, or (5) Has become incapable of performing the duties of the office for a period of more than three (3) months, or (6) Has moved their principal place of residence from the city of Tamarac. (c) Filling of Vacancies. If any vacancy occurs except as a result of a recall, the remaining commissioners shall appoint a replacement to hold that office until the next general election. If the vacancy occurs by reason of recall, then it shall be filled as provided by law. However, in the event of a vacancy in the position of mayor, except as a result of a recall, a special election shall be held for the purpose of electing a mayor to fill the vacancy for the office of mayor. Such a special election shall be conducted as soon as reasonably possible in conformance with all applicable provisions of law. (d) Extraordinary Vacancies. In the event that three (3) or more members of the commission are removed by death, disability, law or forfeiture of office, the governor shall be requested to appoint interim replacements; and he shall be requested to direct a special election to be held within sixty (60) days after the date of the interim replacements. (e) Temporary Chairman Chairperson. In the absence of both the mayor and vice-mayor, a temporary chairman chairperson for any commission meeting may shall be designated by a majority of the three (3) commissioners present. Sec. 4.06. - Procedures. (a) Meetings. The commission shall meet regularly at least twice a month, except during a four-consecutive-week period to be determined by the city commission no later than April 15 of each year to be from July 15 through August 15 each year at such times and places as the commission may decide. Special meetings may be held on the call of the mayor or of a majority of the members upon no less than twelve (12) hours' notice to each member. In the event of an emergency, the mayor may call for an immediate meeting of the commission. (b) Rules and Journal. The commission shall determine its own rules and order of business, and shall keep minutes of its proceedings. (c) Voting and Quorum. Voting on ordinances and resolutions shall be by roll call, and each vote shall be recorded in the journal. A majority of the commission will constitute a quorum. An affirmative vote of a majority of three (3) members shall be necessary to enact any ordinance or adopt any resolution. 10 Page 5 of 25 131080056.4 Sec. 4.07. - Ordinance and resolution. (a) Procedures for Adoption. The meaning of the terms ordinance and resolution, method of introduction, requirements as to reading same, form and manner of publication, procedures for emergency ordinance, the requirements of a quorum and number of affirmative votes, recording of the vote, and effective date shall be determined by and shall comply with the applicable provisions of the Municipal Home Rule Law of the State of Florida [Fla. Stats., ch. 166]. Notices which contain legal descriptions shall contain a street address or other descriptive material which will enable the public to identify the land involved. The notice of agenda shall, in addition to the temporary number, contain a brief description of the subject matter of the ordinance or resolution. By ordinance or Charter amendment the city may specify additional requirements for the adoption or enactment of ordinances or resolutions. (b) Codification of Ordinances. From time to time the commission shall arrange for a codification or compilation of all ordinances. Such compilation or codification shall be placed on file with the city clerk, shall be made available for the use of the public, and shall be made available for purchase at a reasonable price upon payment of the actual cost of duplication. Certified copies of any ordinance may be received in evidence in all courts. Sec. 4.08. - Boards and advisory groups. The commission may create by resolution adjustment, regulatory and advisory boards, development authorities, redevelopment authorities and agencies, or by ordinance if required by statute or the board is intended to exist for a period exceeding one (1) year, specifying the duties and membership thereof. Members of these boards shall serve without compensation except for necessary expenses approved by the commission. All such boards shall be part of the city government and shall have utilize the services of the city manager, city clerk, and city attorney. When possible, each board and advisory group shall have at least one (1) member from each of the city's districts. ARTICLE V. - CITY MANAGER Sec. 5.01. - General responsibility. The city manager shall be the chief administrative officer and shall be responsible to the commission for the administration of all city affairs placed in his charge by or under this Charter. 11 Page 6 of 25 131080056.4 Sec. 5.02. - Appointment; removal; compensation. (a) Appointment. The commission shall appoint a fully qualified city manager for an indefinite term by a majority vote of all the commissioners. (b) Suspension or Removal. The commission may suspend or remove the city manager by a supermajority majority vote of all the commissioners in office at the time. Upon demand by the city manager a public hearing shall be held prior to suspension or removal. (c) Compensation. The compensation of the manager shall be fixed by the commission The city manager shall receive such compensation as the commission shall fix from time to time by ordinance or resolution. Sec. 5.03. - Acting city manager. The city manager shall designate, subject to approval of the commission, a qualified city administrative officer to exercise the powers and perform the duties of city manager during their his temporary absence or disability. During such absence or disability, the commission may revoke such designation at any time and appoint another qualified officer of the city to serve until the city manager shall return to their his duties. Sec. 5.04. - Powers and duties of the city manager. (a) Appointment of Department Heads and Assistant City Manager. He The city manager shall appoint and supervise the heads of all departments and assistant city manager, if required, subject to the approval of the majority of the commission in office at the time. (b) Direction and Supervision of Departments, Offices and Agencies. He The city manager shall direct and supervise the administration of all departments, including the building department, offices and agencies of the city, except as otherwise provided by this Charter or by law. (c) Suspension and/or Removal of Department Heads and Administrators. He The city manager shall suspend or remove any employee or appointive administrative officer except as otherwise provided by law or rules adopted pursuant to this Charter, when he deems it deemed necessary for the good of the city. He The city manager may authorize any administrative officer who is subject to his their direction and supervision to exercise such powers vested in that officer. (d) Execution of Duties. He The city manager shall ensure that all laws, provisions of this Charter and acts of the commission, subject to their enforcement by him or by officers subject to his their direction and supervision, are faithfully executed. 12 Page 7 of 25 131080056.4 (e) Bonds, Contracts, and Issuance of Checks. He The city manager shall execute bonds, contracts and issue checks on behalf of the city pursuant to appropriate ordinances, resolutions and directions of the commission. (f) Collection of Revenues and Maintenance of Records. He The city manager shall collect all city revenues and keep proper records of all monies received by the city. (g) Purchasing Powers. He The city manager shall purchase supplies and services, capital equipment, noncapital equipment and contract for repairs and improvements for the various departments, and contract for the construction of public improvements. (h) Accounts, Audits, and Reporting. He The city manager shall maintain a uniform system of accounts, and audit such accounts of the departments, officers, and appropriate employees; make reports thereof to the commission; immediately audit the accounts of any officer or department head handling public funds upon death, resignation, removal or expiration of term of office. (i) Independent Audits. He The city manager shall cooperate with independent auditors retained by the city, including the right of such auditors to perform surprise audits whenever so ordered by commission. (j) Administration of Oaths. The Ccity Mmanager or his designee shall administer any oath required by law, resolution, or ordinance, and perform all other duties as may be specified by law, this Charter, ordinance, resolution or act of the commission. (k) Attendance at Commission Meetings. He The city manager shall attend all commission meetings but may not vote; recommend to the commission for adoption such measures as he may deemed necessary or expedient in the best interest of the city; report to the commission concerning the operations of departments, offices and agencies, subject to his their direction and supervision. (l) Administrative Departments, Divisions and Agencies. He The city manager shall exercise the administrative powers of the city through such departments, divisions, and agencies as the commission may, by ordinance, from time to time, establish. The head of each department, division or agency, except as otherwise provided by law or by this Charter, shall be responsible to the city manager for the operation thereof, and shall perform such duties and have such powers as may be prescribed. Two (2) or more departments and/or divisions and/or agencies may be headed by the same individual. Sec. 5.05. - Oath of office. Every officer and employee shall, before entering upon his or her duties, take and subscribe to a uniform oath or affirmation before the Ccity Mmanager or his designee, to be kept on file in the office of the Ccity Cclerk. 13 Page 8 of 25 131080056.4 ARTICLE VI. - QUALIFICATIONS AND ELECTIONS Sec. 6.01. - Qualifications of electors. Any citizen of the United States who is a registered elector in Broward County and who resides within the city’s corporate limits shall qualify as an elector of the city. Sec. 6.02. - Districts. The city is hereby divided into four (4) separate political districts, to be known as districts One, Two, Three and Four. One (1) commissioner shall reside in each district. Electors of the city desiring to qualify and run for the office of commissioner from a district must reside within the territorial boundaries of the appropriate district. Sec. 6.03. - Redistricting. Following the decennial census in 2020, and every ten (10) years thereafter, or sooner if it is determined by the commission that districts shall have become unbalanced due to population shifts, the city commission shall contract with an accredited four (4) year college or university located within the State of Florida for the purpose of identifying and designating the four (4) election districts within the City of Tamarac. The city commission shall adopt the redistricting plan as designated, provided that the plan incorporates the principles of nondiscrimination and fairness set forth above. In the event an elected commission member no longer resides in the district from which he or she is elected as a direct result of the revisions to district boundaries in accordance with this section, that commission member shall complete his or her term. Nothing contained within this section shall be construed to alter residence requirements for any candidate including incumbents, during subsequent regular elections. Sec. 6.04. - Non-partisan elections. There shall be no primary elections for municipal offices; the election for all municipal offices shall be non-partisan and held in November of even numbered years, on the date authorized by the laws governing municipal elections in Broward County, unless changed by law. The candidate or candidates, depending upon the number to be elected, receiving the highest number of votes in the election shall be declared elected. In the event of a tie vote between two (2) or more candidates, the city shall arrange with the Broward County Supervisor of Elections for a special runoff election to be held within thirty (30) days after the special or general election. Duly elected municipal officers shall take office within ten (10) days after election with the specific day to be decided by ordinance. On the first Wednesday following a regular city election and certification by the supervisor of elections, or as soon as may be practicable if there has been a disputed election, the commission and mayor shall meet at city hall at which time: (a) The newly elected commissioners shall take the oath of office; and 14 Page 9 of 25 131080056.4 (b) In years when a mayor is elected, the newly elected mayor shall take the oath of office Each commissioner shall be elected from one of the four (4) districts within the city. Qualified electors residing within each district shall vote for not more than one (1) candidate for the offices of city commissioner from that district and shall not be entitled to vote for candidates for city commission from any other district. Candidates for the office of mayor shall run citywide. Sec. 6.05. - General election law. All elections shall be conducted, except as otherwise specifically provided for in this Charter, under the rules for elections prescribed by the general election laws of the State of Florida. Sec. 6.06. - Candidates. Any elector registered voter that is a resident of the city may be a candidate for the office of mayor and any elector registered voter that is a resident of the city who resides within the territorial boundaries of a district may be a candidate for the office of commissioner for that district. Each candidate shall file a verified notice of candidacy in such form as may be required by municipal law with the city clerk, and pay such fee as may be required by municipal law. The qualifying period shall be as set forth by the laws of Florida. Sec. 6.07. - Arrangements for elections. The city clerk shall make all necessary arrangements with the appropriate county officials for holding all elections and referendums; shall state where and when said elections shall be held, name the offices to be filled, and if applicable, the issues to be decided, and shall publish the foregoing information as provided by law. Any special election or referendum wherein the time is not otherwise set by law, shall be held within sixty (60) days of the date request is made on the city clerk to make suitable arrangements, or within sixty (60) days after any circumstance which makes such election necessary. Sec. 6.08. - Returns and certificates of elections. All municipal elections shall be canvassed by the Broward County Canvassing Board, which shall certify the results to the city clerk. Absentee ballots will be canvassed as provided by state law. The city clerk shall certify the results of the election to t he commission within one (1) working day after receipt of certification by the Broward County Canvassing Board. 15 Page 10 of 25 131080056.4 Sec. 6.09. - Initiative, referendum. (a) The power to propose amendments to any section of this Charter or to propose the repeal, amendment or enactment of any city ordinance by initiative is reserved to the people of this city. This power may be invoked by filing with the manager a petition containing a copy of the proposal signed by a number of electors equal to at least seven (7) percent of the total city electors at the time of the last general election. All city officers and departments shall cooperate with the county supervisor of elections, who shall determine the validity of said petition and who shall notify the commission of the determination, in writing, within thirty (30) days. Should the county supervisor of elections be unable to make such determination within thirty (30) days, the manager is empowered to do so. (b) The commission, upon receipt of certification from the county supervisor of elections and/or manager of the petition, shall, within ninety (90) days after such receipt, call for a special referendum election in accordance with the petition and in conformit y with the law pertaining to the holding of elections. (c) On approval by a majority of the electors voting on said referendum, the proposal shall become effective immediately upon the certification of the results of the election by the city clerk to the commission. (d) The initiative power shall not extend to the proposing of changes of any part or all of the annual budget or capital program or ordinance making or repealing any appropriation of money, fixing the salaries of city officers or employees or authorizing or repealing the levy of taxes. (e) The commission, within ninety (90) days after effective date of this Charter, shall provide by ordinance, procedures relating to the form and requirements of a petition for initiative referendum shall be set forth in the city code. (f) The city clerk shall supply without delay at request and free to any citizen, a copy of the city ordinance relating to initiative referendum and the number of qualified electors as at the time of the last general election. ARTICLE VII. - FINANCIAL PROCEDURES Sec. 7.01. - Fiscal year. The fiscal year shall begin annually on the first day of October and shall end on the last day of September of the following year. 16 Page 11 of 25 131080056.4 Sec. 7.02. - Submission of budget and message. The city manager shall, on or before July 30 [thirtieth] of each year, submit to the commission a budget for the ensuing fiscal year, together with a message, which shall outline proposed financial policies; describe important features of the budget; explain any major changes from the current year in financial policies, expenditures and revenues; summarize the city's current and overall financial and debt position and include such other material as he deems desirable, and as the commission or Charter may require. Sec. 7.03. - Form and content of budget. The general fund budget shall be presented on an accrual basis for expenditures and on a modified accrual basis for revenues, and shall provide a complete financial plan of all funds and activities for the ensuing fiscal year, and shall contain such details and be in such form as may be required by law and by the commission. Also, it shall show comparative figures of expenditures and revenues for the current and past fiscal year detailed to show the increase and decrease in dollars. The total of estimated expenditures shall not exceed the total of estimated revenue and appropriated fund balance. No more than five (5) percent of expenditures of the general fund budget may be included in the budget for contingencies that may not have been included or which may have been underestimated in the proposed expenditures. This figure does not include unappropriated surplus. The city shall adopt formal budgets for all other funds when it deems such budgeting to be consistent with generally accepted accounting principles or when required by law. Sec. 7.04. - Reserved. Sec. 7.05. - Commission action on budget. The City Commission commission is hereby required to comply with State law in the preparation of and the adoption of the annual budget. Specifically, the Ccommission is to follow all requirements set forth in Chapters 200, Florida Statutes, "Determination of millage," and 218, Florida Statutes, "Financial matters pertaining to political subdivisions." Sec. 7.06. - Commission action on capital program. The Ccity of Tamarac shall prepare and maintain a capital program pursuant to Chapter 163, Florida Statutes, the "Local Government Comprehensive Planning and Land Development Regulation Act." 17 Page 12 of 25 131080056.4 Sec. 7.07. - Public records. Copies of the budget and the capital program as adopted shall be public records, shall be in the custody of the city clerk, and shall be made available to the public at a reasonable price consistent with State law, and within two (2) weeks of adoption of the budget and/or approval of the capital program. Sec. 7.08. - Deposit and investment of city funds. (a) City Depositories. The commission shall designate banks or trust companies, in its discretion, as city depositories. The commission shall establish rules and regulations governing the deposits, withdrawals of funds, security to be deposited by the depository and other safeguards for the deposited city funds. (b) Deposit of City Funds. All fees and monies collected and received by officers and employees shall on the date of receipt be given to any appropriate city officer for deposit in the city depositories. (c) Investment of City Funds. Any city funds on deposit not currently needed for public purposes, shall be invested in instruments or institutions as authorized by Florida Statutes. Sec. 7.09. - Independent audit of city accounts. The commission shall provide for an independent annual or more frequent audit of all city accounts and shall request the auditing firm to make recommendations for improving the city's financial practices. Such audit shall be made by a certified public accountant and/or firm of such accountants, who have no personal interest, direct or indirect, in the fiscal affairs of the city government or any of its officers. Such independent audit shall be furnished to the commission. The commission may, without requiring competitive bids, as provided by Section 218.391, Fla. Stat., designate such accountant or firm annually, or for a period not exceeding three (3) years. The commission may also provide for a surprise an audit by enactment of an emergency ordinance, as provided by law. If the state makes an audit, the commission may accept it if it meets the requirements of this section. All audits shall be made public within thirty (30) days after receipt of the audit by the commission. Sec. 7.10. Appropriations amendments. (a) The city manager shall report promptly to the city commission concerning the probability of funds in excess of appropriations or the probability of funds insufficient to cover appropriations, together with recommendations for suitable action. 18 Page 13 of 25 131080056.4 (b) The commission may utilize excess funds for supplemental appropriations or transfer such funds to the general account. (c) With regard to deficits, the commission shall take action as empowered by law, including but not limited to reduction in staff and/or services, deferment or abandonment of capital projects, borrowing of adequate funds or amendment of the budget. (d) The city manager may transfer funds within a department, and with the approval of the commission, may transfer funds between departments, as is permitted by law. Sec. 7.11. - Requirements for public bidding. The City Commission commission shall establish by ordinance a competitive solicitation financial threshold for the procurement of contracts of any type, available from more than one (1) source, or which cannot be performed with city personnel. Unless otherwise provided for in the City's Code of Ordinances by ordinance, all contracts in excess of the financial threshold established by the City Commission commission shall be procured through a competitive solicitation process. The City Commission commission shall establish by ordinance the advertising requirements for the solicitations of competitive bids, in accordance with the requirements of the Florida Statutes, as may be amended from time to time. Each invitation for bid shall contain an acceptance clause granting the city a minimum of thirty (30) days for bid acceptance, during which time the tendered bid shall remain valid. The procurement of contracts or services of any type are subject to annual appropriations. Sec. 7.12. - Emergency expenditures. "Emergency" as used in this section shall refer to circumstances which shall require immediate action for the protection of the safety, health and welfare of the community or any segment thereof. The city manager is authorized to determine if an emergency exists. If an emergency does exist, the city manager shall authorize emergency expenditures. The city manager shall endeavor to secure proposals for these supplies or services from at least two (2) separate sources and will report to the commission concerning his efforts. The commission, by ordinance, shall establish guidelines and procedures for emergency purchases. Sec. 7.13. - Reserved. 19 Page 14 of 25 131080056.4 Sec. 7.14. - Expenditure for professional services. Contracts for the service of professionals, including but not limited to architects, engineers, surveyors and attorneys landscape architects, are to be entered into in in accordance with Florida State law. Sec. 7.15. - Commission action; public bidding. When public competitive bidding is required, the commission shall award the contract to the lowest fully responsive and responsible bidder, and contract for the supplies and services as delineated by the terms of the invitation for bid. The commission may require such bidder to provide a legally binding faithful performance bond. The necessary documentation shall be approved by the city attorney prior to the execution of such documents. Sec. 7.16. - Bonds and municipal borrowing. The city shall have full power and authority to issue municipal bonds or to borrow funds for municipal purposes to the extent authorized by and subject to the limitations provided in the Constitution of the State of Florida, the Municipal Home Rule Law, other statutes and this Charter. Sec. 7.17. - Taxation. (a) Authority to Levy Taxes. The commission shall have the full power and authority to levy upon the taxable property within the corporate limits of the city such millage or tax to raise funds needed for the operation and public purposes of the city; to levy such additional taxes as may be necessary to pay interest on present or future outstanding bonds, and provide a sinking fund for the redemption of said bonds; and to levy all further taxes which are authorized by law for municipal purposes. (b) Assessment and Collection. The functions of tax assessing and tax collection of the city shall be consolidated and those responsibilities placed with the appropriate county officials as provided by law. (c) Tax Foreclosure. The city shall have the power to impose and foreclose city tax and special assessment liens as provided by law. Sec. 7.18. - Utilities and other special services. The city shall have the authority, unless the law specifies otherwise, to supply water, electricity, and other sources of power, sewerage disposal, and gas for domestic and other purposes; facilities for geriatric and other medical care, day nurseries, etc., to individuals, firms, corporations and other municipalities. Further, for such enterprises, the city may charge rates to be fixed by ordinance, at a higher level to the consumer than 20 Page 15 of 25 131080056.4 otherwise may be charged within the corporate limits of the city for a like type and class of service. The operational budgets for all such special services, if any, shall be presented outside of and apart from the figures comprising the regular budget of the city; and the city manager shall be fully responsible in ensuring that the expenses and revenues involved in the operation of such facilities shall not be commingled with any of the regular budget-approved expenses and revenues of the city. Sec. 7.19. - Franchises. (a) Granting Franchises. The commission may, by ordinance, except where referendum is required after public notice and public hearings, grant a nonexclusive franchise to any individual, company, firm, or corporation to exercise public functions in the city and to construct and operate any and all public utilities in the city and in, under, or over the streets and public places of the city, and to use such public property in connection therewith; but no franchise or renewal thereof shall be for a longer period than forty (40) years. All franchises or rights to extend the services of any public utility shall be subject to such terms and conditions as the commission shall impose. (b) Rates and Conditions of Franchises. The commission shall set forth in detail the consideration for such franchise, the rates, kind and quality of use, service or product to be furnished, the manner in which public streets and public places shall be used and occupied, and such other terms and conditions as are required by law. No franchise, or renewals thereof, shall be leased, assigned or otherwise alienated, except with the consent of the commission expressed by ordinance, and evidenced by a formal instrument and consent to same, recorded in the public records of Broward County. (c) Franchises Subject to Regulation by the City. All franchises shall be subject to city control at all times in respect to the use in, over, across, or under all streets, alleys, public grounds or other public places, occupied by public utility fixtures; and when, in the opinion of the commission, the public interest so requires, it may cause such fixtures to be reconstructed, relocated, altered or discontinued at the expense of the holder of the franchise; and the city shall at all times have the power to enact all regulatory ordinances affecting utilities which in the opinion of the commission are required in the interest of public health, safety or welfare. ARTICLE VIII. - CHARTER BOARD Sec. 8.01. - Terms and qualifications. (a) Membership. The charter board shall consist of five (5) members. Four (4) members shall reside in each of the different electoral districts, and each member shall be appointed by the commissioner from that district for a term of office of one year. One (1) member may reside anywhere in any electoral district of the city and shall be appointed by the mayor for a term of office of one year. The charter board shall be appointed on a date to be set by resolution of the city commission, but not before March 21 Page 16 of 25 131080056.4 first, 2003, and every six (6) years thereafter every sixth-year hereafter. The term of each member shall be one (1) year. (b) Effective upon the date of appointment set by resolution, the existing elected charter board is replaced by a charter board appointed pursuant to the charter and all subsequent charter board members shall be appointed pursuant to the charter. (c) Removal from office. Charter board members serve at the pleasure of the district's commissioner or mayor. Any charter board member may be removed by the commissioner from the district represented or by the mayor for the at-large position. (dc)Chairman and Vice-Chairman. Each term, as soon as possible after new members have taken office, the board shall elect a chairman and a vice-chairman. (ed)Extended Absence from Office. Any charter board member who is absent from three (3) consecutive regular board meetings or five (5) out of seven (7) consecutive regular board meetings shall forfeit his their office. Any absence excused by the chairman shall not be counted as an absence for the purpose of this section. The charter board shall declare a vacancy due to its member's absence. The vacancy shall be filled pursuant to the provisions of this Charter. (fe) Filling of Vacancy. In the event of a vacancy, the commissioner or mayor, consistent with the Charter, shall select a replacement from the district where the vacancy exists; however, if the at-large position is vacant, the replacement may be any elector resident of the city. A charter board member appointed to fill a vacancy shall serve for the remainder of the unexpired term. (gf)Member Must be Elector and Resident. Any elector resident of the city may serve on the charter board only as long as he is they are an elector of the city. Sec. 8.02. - Duties and powers. (a) The board shall consider and recommend Charter amendments to the city commission. In order to be considered, the board shall conduct a public hearing on the proposed Charter amendments; and such Such proposed Charter amendments shall be submitted in final form to the city commission in sufficient time for their its review. (b) Reserved. Sec. 8.03. - Assistance, budget and reports. (a) All reports of the board's activities shall be filed with the commission and the manager for appropriate action. (ba)The board shall be entitled to use the services of the city attorney and his assistants, accountants, secretaries, and other city staff. When any of the following occurs: 22 Page 17 of 25 131080056.4 (1) Such service is not available; (2) The city attorney decides that a conflict of interest exists; or (3) Upon the affirmative vote of three (3) or more members of the city commission. The city commission may appoint an attorney (counsel to the charter board) and such assistant attorneys as may be necessary, who shall serve at the pleasure of, and at such compensation as may be determined by, the city commission. (cb)The board, in cooperation with the city manager, shall develop its own operating budget; all expenses charged against the approved budget shall require the approval of the commission. (dc)The board shall be entitled to the use of the city hall facilities for its meetings and shall determine its own rules and order of business. (d) All reports of the board's activities shall be filed with the commission and the city manager for appropriate action. ARTICLE X IX. - CITY CLERK Sec. 109.01. - Appointment and compensation. The city clerk shall be appointed by the city manager with the consent of the commission. Sec. 109.02. - Powers and duties. The city clerk shall be the official custodian of the city's seal and of all city records and papers of an official character; the city clerk shall give notice of commission meetings as provided by law; shall attend all commission meetings; shall keep minutes of its proceedings, the correctness of which shall be approved by the commission and then certified by the city clerk and the presiding officer at such meeting; sign all ordinances and resolutions and record them in full in books kept for such purposes; and shall perform such other duties as are required by law, the commission or the city manager. Sec. 10.03. - Suspension or removal. The city clerk may be suspended or removed by the city manager. ARTICLE XI. - CITY ATTORNEY Sec. 1110.01. - Office created; appointment; powers and duties. 23 Page 18 of 25 131080056.4 There shall be an office of city attorney. The commission shall appoint a city attorney and such assistant city attorneys, as may be necessary, who shall serve at the pleasure of, and at such compensation as shall be determined by, the commission. They shall legally represent the municipality, its agencies, departments, officials and employees and boards in all matters relating to official duties; and to that end they shall perform all such professional duties relating to legal representation as may be required by this Charter or by the commission. The said attorneys shall be duly licensed to practice law in the State of Florida. The terms and conditions of the service of the city's attorneys shall be in the best interests of the City of Tamarac. The commission may suspend or remove the city attorney by a supermajority majority vote of all the commissioners in office at the time. Upon demand by the city attorney a public hearing shall be held prior to suspension or removal. ARTICLE XII. MISCELLANEOUS PROVISIONS Sec. 1211.01. - Personnel procedures. (a) All employees shall be appointed or promoted solely on the basis of their qualifications and fitness for duty. (b) The manager shall ensure that all employees receive a personnel manual. Sec. 1212. - Retirement or pension plan. The commission shall, when it proposes to adopt a retirement or pension plan for city employees, publish in one (1) or more daily newspapers of general circulation in the city a general summary of the plan and together with an analysis of costs and future budgetary consequences; and a notice stating the time and places where copies of the plan are available for inspection by the public, and the time and place, not less than two (2) weeks after such publication, for a public hearing on the plan. The commission shall establish and maintain a retirement plan for city employees. This is in recognition of the need to provide for a retirement program for the benefit of city employees. The investments and administration of the plan shall conform with the city charter provisions regarding investment of city funds, city ordinances, all requirements of federal and state laws and applicable rules and regulations thereunder and will preserve and maintain the interest of the participants. Sec. 1211.03. - Removal from office. Any person holding an elective position with the city or an appointive non-compensated position or an appointive compensated position that does not fall under the hiring and firing powers of the commission and the city manager shall be removed from office upon a finding by the courts, after due process by trial and appeal, that said person has intentionally or repeatedly violated some substantial provision of the Charter which provides safeguards for the rights of the people as 24 Page 19 of 25 131080056.4 opposed to minor procedural provisions. At said trial, the accused has the right to be informed of the charges against him, to employ an attorney at city expense, to subpoena witnesses and to be heard and confronted by his accusers. Sec. 1211.04. - Conflict of interest. The commission, in conformity with existing State law, shall, by ordinance, establish regulations to prohibit conflict of interest. Sec. 1211.05. - Provisions of state law applicable to city planning and zoning. The Florida Statutes State law relating to planning and zoning are considered applicable to the city, and the procedures therein set forth shall be utilized by said the city. Except that the commission shall not may by ordinance delegate to any zoning commission final approval on zoning and planning matters; but, on the contrary otherwise, the commission shall be the final authority. Sec. 1211.06. - Reserved. Sec. 1211.07. - Reserved. Sec. 1211.08. - Limitations on suits for damages. No person shall have a cause of action against the city for damage, injury, death, or loss in case of accident, unless such accident shall have been caused by the negligence of the city or its duly authorized officials or employees, and under the law the city is liable for such negligence, and unless written notice of such damage or loss is presented within the time limit set by Florida Statute § 768.28, as may be amended, after the alleged injury to the commission or the city manager by such injured person, his agent, or attorney, with such reasonable specifications as to time, place and witnesses as would enable the proper city officials to investigate the matter, and provided however, that the said complainant also complies with all requirements of law. Sec. 1211.09. - Signatures to bonds, checks, contracts, etc. All bonds and checks shall be signed by the mayor and city manager. All contracts or other instruments to which the city is a party shall be executed by the mayor and attested by the city manager, city clerk and city attorney, except where the execution of short-term leases and instruments are delegated by ordinance or resolution to other officials. Sec. 1211.10. - Amendments. This Charter may be amended as specified herein, by special acts of the Legislature of the State of Florida, or by any other manner provided for by State law. The commission may not amend this Charter by ordinance. Sec. 1211.11. - General laws to apply. All general laws of the sState and county applicable to municipal corporations, now existing or which may hereafter be enacted, and which are not legally superseded by the provisions of this Charter or the ordinances or resolutions hereafter enacted by the commission, shall be 25 Page 20 of 25 131080056.4 applicable to this the city; provided, however, nothing contained in this Charter shall be construed as limiting the power of the commission to enact any ordinance or resolution not in conflict with the constitutions of this state and of the United States, federal or State law, or with the express provisions of this Charter. Sec. 12.12. City council changed to city commission. Upon approval by a majority of electors voting at a referendum election on September 8, 1994, the city council or council shall be designated the city commission or commission and councilmember or councilmembers, councilman or councilmen, councilwoman or councilwomen shall be designated commissioner or commissioners. All references in the Charter or Code of Ordinances to city council, council, councilmember, councilman, councilmen, councilwoman or councilwomen shall be deemed revised and changed to city commission, commission, commissioner or commissioners. ARTICLE XIII. CORPORATE LIMITS Sec. 13.01. Boundaries. The official municipal boundaries of the City of Tamarac are hereby defined and specifically described as follows: Beginning at the northeast corner of the plat of Tamarac Lakes, as recorded in Plat Book 58, Page 40, of the Public Records of Broward County, Florida, being more particularly described as the northeast corner of the south one-half (S½) of the southwest one-quarter (SW¼) of Section 16, Township 49 South, Range 42 East, Broward County, Florida; Thence southerly along the east line of the southwest one-quarter (SW¼) of said Section 16, a distance of 1,016.92 feet to a point of intersection with the south right-of-way line of Prospect Field Road (State Road 582); Thence north 77 degrees 39′ 11″ west along said south right-of-way line a distance of 1,353.68 feet; Thence south 01 degrees 15′ 35″ east 51.44 feet; Thence north 77 degrees 39′ 11″ west to a point of intersection with the east line of Section 17, Township 49 South, Range 42 East, Broward County, Florida; Thence westerly and northerly along said right-of-way line to the south line of the north one-half (N½) of the northwest one-quarter (NW¼) of the southeast one-quarter (SE¼) of said Section 17; Thence westerly along the said south line and along the south line of the north one-half (N½) of the northeast one-quarter (NE¼) of the southwest one-quarter (SW¼) of said Section 17 to the east line of the northwest one-quarter (NW¼) of the southwest one-quarter (SW¼) of said Section 17; Thence southerly along the said east line to the south line of the said northwest one-quarter (NW¼) of the southwest one-quarter (SW¼) of Section 17; 26 Page 21 of 25 131080056.4 Thence westerly along the said south line and along the south line of the east one-half (E½) of the northeast one-quarter (NE¼) of the southeast one-quarter (SE¼) of Section 18, Township 49 South, Range 42 East, to the west line of the said east one-half (E½); Thence northerly along the said west line to the south right-of-way line of N.W. 50th Street, being 555 feet south of and parallel with the north line of the south one-half (S½) of said Section 18; Thence westerly along the said south right-of-way line to a line 861.25 feet west of and parallel with the east line of the southwest one-quarter (SW¼) of said Section 18; Thence southerly along the said parallel line to a line 1,011.04 feet south of and parallel with the north line of the said southwest one-quarter (SW¼); Thence westerly parallel to and 1,011.04 feet south of, as measured at right angles to the north line of the southwest one-quarter (SW¼) to the point of intersection with the west line of said southwest one-quarter (SW¼); Thence continuing west along a line which is the westward extension of the previously described line, to a point of intersection with the west right-of-way of State Road 7 (U.S. 441) which point is 100 feet west of the east boundary line of Section 13, Township 49 South, Range 41 East; Thence southerly along the said west right-of-way line of State Road 7 (U.S. 441) and on a line parallel to and 100 feet west of the east line of said Section 13, to the point of intersection with the south line of Lot 9 of Section 13, Township 49 South, Range 41 East, according to the plat thereof, of Fort Lauderdale Truck Farms Subdivision, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida; Thence north 89 degrees 15′ 42″ west a distance of 1,220.19 feet to the southwest corner of said Lot 9; Thence southerly along the west line of said Tract 16, to a point of intersection with the south line of said Section 13; Thence westerly along the south line of said Section 13 to the southwest corner of said Section 13, also being the southeast corner of Section 14, Township 49 South, Range 41 East; thence northly along the east line of said Section 14 to a line parallel with and 40 feet north of the south line of said Section 14; thence westerly along said parallel line to the west line of said Section 14;1 Thence northerly along the west line of said Section 14, to the northwest corner thereof, said corner also being the southeast corner of Section 10, Township 49 South, Range 41 East; Thence westerly along the south lines of Sections 10, 9, 8 and 7, Township 49 South, Range 41 East, to the southwest corner of said Section 7; 27 Page 22 of 25 131080056.4 Thence northerly along the west lines of Sections 7 and 6, Township 49 South, Range 41 East, to a point of intersection with the south right-of-way line of Canal C-14 of the Central and Southern Florida Floor Control District; Thence easterly along said south right-of-way line, through portions of Section 6, Township 49 South, Range 41 East, and Sections 31, 32, 33 and 34, Township 48 South, Range 41 East, to a point of intersection with the west line of the east 2,257.00 feet of said Section 34; Thence southerly along said west line 554.00 feet to a point of intersection with the south line of said Section 34, said south line also being the north line of Section 3, Township 49 South, Range 41 East; Thence westerly along said north line of Section 3, to the northeast corner of Tract 2, Section 3, as shown on said plat of Fort Lauderdale Truck Farms; Thence southerly along the east lines of Tracts 2, 7, 10, 15 and 18, Section 3 of the plat of Fort Lauderdale Truck Farms, to a point of intersection with the north line of Section 10, as shown on said plat of Fort Lauderdale Truck Farms; Thence westerly along the north line of said Section 10, to the northwest corner of Tract 2, Section 10, as shown on said plat of Fort Lauderdale Truck Farms; Thence southerly along the west lines of Tracts 2 and 7, Section 10, to the southwest corner of said Tract 7, Section 10; Thence easterly along the south line of said Tract 7, Section 10, to the southeast corner thereof, said corner also being the northwest corner of Tract 9, Section 10; Thence southerly along the west line of said Tract 9, Section 10, to the southwest corner thereof; Thence easterly along the south line of said Tract 9, Section 10, and its easterly prolongation to a point of intersection with the west line of Section 11, Township 49 South, Range 41 East, said point being on the centerline of a fifty-foot road right-of-way as shown on said plat of Fort Lauderdale Truck Farms; Thence northerly along the west line of said Section 11, to a point of intersection with the westerly prolongation of the north line of Tract 12, Section 11; Thence easterly along said north line of Tract 12, Section 11, to the northeast corner thereof; Thence southerly along the east line of Tract 12, Section 11, a distance of about 40 feet to a point on a line 40 feet south of and parallel with the north line of the south one-half (S½) of said Section 11; Thence easterly along said parallel line to the west line of Section 12, Township 49 South, Range 41 East, said line being within the right-of-way of Rock Island Road; Thence northerly along the west line of said Section 12, to the northwest corner of Tract 12, Section 12, as shown on said plat of Fort Lauderdale Truck Farms; Thence easterly along the north lines of Tracts 12 and 11, Section 12, to the northeast corner of Tract 11, Section 12, said point also being the northwest corner of Tract 10, Section 12, as shown on said plat of Fort Lauderdale Truck Farms; 28 Page 23 of 25 131080056.4 Thence southerly along the west line of said Tract 10, Section 12, to a point 163.76 feet north of the south line of said Tract 10, Section 12; Thence east 165.83 feet; Thence south 163.73 feet to a point of intersection with the south line of said Tract 10, Section 12, said line also being the north line of Tract 15, Section 12, as shown on said plat of Fort Lauderdale Truck Farms; Thence easterly along the north line of said Tract 15, Section 12, to the northeast corner thereof; Thence southerly along the east line of said Tract 15, Section 12, to the southeast corner thereof, said corner being on the south line of Section 12; Thence easterly along the south line of Section 12, to a point of intersection with the west right-of-way line of State Road 7 (U.S. 441); Thence southerly along the said west right-of-way line to a point of intersection with the westerly prolongation of the north line of the southwest one-quarter (SW¼) of Section 18, Township 49 South, Range 42 East; Thence easterly along the said westerly prolongation and the north line of the said southwest one-quarter (SW¼) to a point 861.25 feet west of the east boundary of the southwest one-quarter (SW¼) of said Section 18; Thence southerly parallel with and 861.25 feet west of said east line to a point on the north right-of-way line of N.W. 50th Street; Thence easterly along the said north right-of-way line parallel with and 455.00 feet south of the north line of the south one-half (S½) of Section 18, to the east line of said Section 18; Thence continue along the said north right-of-way line of N.W. 50th Street, 3,432 feet more or less to a point on the east line of the southwest one-quarter (SW¼) of the southwest one- quarter (SW¼) of the northeast one-quarter (NE¼) of Section 17, Township 49 South, Range 42 East, said point being further described as being 60.00 feet north of the south line of the north one-half (N½) of said Section 17; Thence northerly to the southeast corner of the north one-half (N½) of the north one-half (N½) of the southwest one-quarter (SW¼) of the southwest one-quarter (SW¼) of the northeast one-quarter (NE¼) of said Section 17; Thence westerly to the southwest corner of the north one-half (N½) of the north one-half (N½) of the southeast one-quarter (SE¼) of the southeast one-quarter (SE¼) of the northwest one-quarter (NW¼) of said Section 17; Thence northerly to the northwest corner of the southeast one-quarter (SE¼) of the southeast one-quarter (SE¼) of the northwest one-quarter (NW¼) of said Section 17; Thence westerly to the southwest corner of the northwest one-quarter (NW¼) of the southeast one-quarter (SE¼) of the northwest one-quarter (NW¼) of said Section 17; 29 Page 24 of 25 131080056.4 Thence northerly to the northwest corner of the southeast one-quarter (SE¼) of the northwest one-quarter (NW¼) of said Section 17; Thence easterly to the southwest corner of the southeast one-quarter (SE¼) of the northeast one-quarter (NE¼) of the northwest one-quarter (NW¼) of said Section 17; Thence northerly to the northwest corner of the southeast one-quarter (SE¼) of the northeast one-quarter (NE¼) of the northwest one-quarter (NW¼) of said Section 17; Thence easterly to the northeast corner of the southwest one-quarter (SW¼) of the northeast one-quarter (NE¼) of the northeast one-quarter (NE¼) of said Section 17; Thence northerly to the northwest corner of the southwest one-quarter (SW¼) of the northeast one-quarter (NE¼) of the northeast one-quarter (NE¼) of the northeast one-quarter (NE¼) of said Section 17; Thence easterly to the northeast corner of the southwest one-quarter (SW¼) of the northeast one-quarter (NE¼) of the northeast one-quarter (NE¼) of the northeast one-quarter (NE¼) of said Section 17; Thence southerly to the southeast corner of the west one-half (W½) of the southeast one- quarter (SE¼) of the northeast one-quarter (NE¼) of the northeast one-quarter (NE¼) of said Section 17; Thence westerly along the south line of the northeast one-quarter (NE¼) of the northeast one-quarter (NE¼), to a point 50.00 feet east of the west line of the southeast one-quarter (SE¼) of the northeast one-quarter (NE¼) of said Section 17; Thence southerly along a line 50.00 feet east of and parallel with the west line of the southeast one-quarter (SE¼) of the northeast one-quarter (NE¼), said line being the east right-of- way line of Prospect Field Road, to a point of intersection with the north line of the south one- half (S½) of the northwest one-quarter (NW¼) of the southeast one-quarter (SE¼) of the northeast one-quarter (NE¼) of said Section 17; Thence easterly to the northeast corner of the south one-half (S½) of the northwest one- quarter (NW¼) of the southeast one-quarter (SE¼) of the northeast one-quarter (NE¼) of said Section 17; Thence southerly to the southeast corner of the north one-half (N½) of the southwest one- quarter (SW¼) of the southeast one-quarter (SE¼) of the northeast one-quarter (NE¼) of said Section 17; Thence westerly on the south line of the north one-half (N½) of the southwest one-quarter (SW¼) of the southeast one-quarter (SE¼) of the northeast one-quarter (NE¼) to a point 50.00 feet east of the west line of the southeast one-quarter (SE¼) of the northeast one-quarter (NE¼) of said Section 17, said point being on the east right-of-way line of Prospect Field Road; Thence southerly and easterly along said right-of-way line to a point of intersection with the north line of the south one-half (S½) of the southeast one-quarter (SE¼) of said Section 17; 30 Page 25 of 25 131080056.4 Thence easterly to the northeast corner of the south one-half (S½) of the southeast one- quarter (SE¼), said point also being the northwest corner of the south one-half (S½) of the southwest one-quarter (SW¼) of Section 16, Township 49 South, Range 42 East; Thence continuing easterly to the northeast corner of the south one-half (S½) of the southwest one-quarter (SW¼) of Section 16, Township 49 South, Range 42 East, to the point of beginning. Said lands situate within Broward County, Florida. Sec. 1312.021. Annexation. (a) Procedure. The corporate limits of the city may be extended so as to include adjacent territory not then within such corporate limits by any method provided by state law. The commission may only propose for annexation such lands as are contiguous to the existing territorial limits of the city. [(b) Specific Annexations.] The present corporate limits of the City of Tamarac, Broward County, Florida, are hereby extended and enlarged so as to include, in addition to the territory presently within its corporate limits, the following territories, to wit: (Annexation Parcel 4-77) The Homestead Territory: That certain area of land currently not in the corporate limits of the City of Tamarac which is entirely contiguous to and surrounded by the existing city limits of Tamarac commencing at the center line of Rock Island Road and a portion of the south boundary line of The Mainlands of Tamarac Lakes (Section 6A), as recorded in Plat Book 67, Page 3; then proceeding south along the center line of Rock Island Road to a portion of the north boundary of the Sabal Palm Golf Course; then commencing easterly along that portion of the north boundary of the Sabal Palm Golf Course to a portion of the west boundary line of the Sabal Palm Golf Course; then commencing northerly along the west boundary of Sabal Palm Golf Course to a portion of the south boundary of The Mainlands of Tamarac Lakes (Section 6A) plat; then commencing westerly along a portion of the south boundary of that subdivision to the center line of Rock Island Road. (Ch. 77-655, Laws of Fla., § 1) ARTICLE XIVII. TRANSITION SCHEDULE Sec. 1413.01. - Ordinances preserved. All ordinances in effect upon adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Sec. 14.02. Rights of officers and employees. Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the duties thereof until their successors are elected. 31 Page 26 of 25 131080056.4 Sec. 14.03. Pending matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as modified pursuant to the provisions of this Charter. Sec. 14.04. Referendum for approval of Charter. This Charter shall not become effective until submitted to the qualified electors of the city by referendum held for the purpose of approving this Charter. Said referendum shall be held on March 9, 1976. Should a majority of the electors voting on the question of approving the Charter of the city in said election vote in favor of adopting this Charter, then this Charter shall become effective at noon on March 15, 1976. Should the majority of the electors voting on this question in said election vote to reject the adoption of this Charter, then this Charter shall not be adopted. This referendum shall be held in accordance with the law. Sec. 14.05. Transition ordinances. The commission shall adopt ordinances and resolutions required to effect the transition. Ordinances adopted within sixty (60) days of the first commission meeting under this Charter for the purpose of facilitating the transition may be passed as emergency ordinances following the procedures in section 4.06 except that transition ordinances shall be effective for up to ninety (90) days after enactment. Thereafter such ordinances may be readopted, renewed or otherwise continued only in the manner prescribed for normal ordinances by law. Sec. 14.06. Deletion of obsolete schedule items. The commission shall have power by resolution, to delete from this article any section, including this one, when all events to which the section to be deleted is or could become applicable have occurred. Sec. 14.07. Referendum and ballot. The form of the ballot shall conform to the following requirements; with respect to the adoption of the proposed Charter the questions shall be submitted: "Shall the following Charter be adopted by the City of Tamarac?" Immediately following this question there shall be printed on the ballots the following: "For the adoption of the Charter ." "Against the adoption of the Charter ." Sec. 1413.082. Savings clause. The provisions of this Charter are severable; and if any section, part of section, paragraph, sentence, or clause of this Charter shall be adjudged by a court of competent jurisdiction to be invalid, such decision shall not affect the validity of any other portion thereof, but shall be restricted and limited in its operation and effect to that specific portion hereof involved in the controversy in which such decision shall have been rendered. 32   Si desea una traducción de este documento sírvase solicitarlo por correo electrónico a: elections@browardsoe.org.  Oficina: 954‐357‐7050 • Fax: 954‐357‐7070  Joe Scott, Supervisor of Elections  115 S. Andrews Ave, Rm. 102   Fort Lauderdale, FL 33301  (954) 357‐7050  www.browardsoe.org         City of Tamarac,    Some cities asked for me to clarify how we will bill you for your upcoming elections. To help you  plan for the 2022 elections, we would like to offer a clearer explanation of our new formula. We  will bill the cities based on the formula below, any time there is a county, state, or federal race  on the ballot. Where there is a special election and a city has a divide where some precincts have  a county, state, or federal election and some do not, the number of registered voters in those  precincts with the county, state, or federal election will be factored into the formula below, and  the rest of that city’s registered voters represent a cost calculated based on the average cost per  registered voter to hold the election. That cost in the March 2018 elections (cities only) was  $2.27 per registered voter. The cost per registered voter for November 2020 was $9.41.     Here’s the formula I will use to calculate the cost to the cities voting next November when a  county, state, or federal election is on the ballot. We used numbers rounded to the nearest  hundred to give an estimate for one or two extra pages added to the ballot:     $0.70 x (# of registered voters) + $0.15 x (# of extra ballot pages) x (# of registered voters)    Tamarac currently has 50,593 registered voters; therefore, your estimate is:    $35,400 + ($7,600 x # of extra ballot pages)    So, your estimate under the new formula is approximately:    Municipality Estimated Cost  Tamarac $43,000.00 w/ 1 extra page    $50,600.00 w/  2 extra pages     Assumptions:    If the city does not have a race or ballot question, there will be no charge.   Each side of a piece of paper is a page.    If the city’s races and/or questions do not add additional pages, the number of extra pages  will be zero and you will only be charged $0.70 times the number of registered voters.    We are providing the number of registered voters in your city as of today, we will bill  based on the number of registered voters at book closing ‐ 29 days before the election.     Please contact me with any questions at 954‐712‐1951 or  JScott@browardsoe.org.       33