Loading...
HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-007 Referendum Charter AmendmentsTemp. Ord. #2497 April 27, 2022 Page 1 of 8 CITY OF TAMARAC, FLORIDA ORDINANCE N007,. b& - 007 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, CALLING AN ELECTION ON PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 8, 2022; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF PROPOSED AMENDMENTS TO THE CITY CHARTER, SUCH CHARTER AMENDMENTS RELATING TO SECTION 2.01 OF THE CHARTER CONCERNING THE MANNER IN WHICH THE CITY MAINTAINS AN OFFICIAL CITY MAP AND DELETING SECTION 13.01 OF THE CHARTER CONCERNING THE BOUNDARIES OF THE CITY AS REDUNDANT, SECTION 5.02 OF THE CHARTER CONCERNING THE MANNER OF REMOVAL OF THE CITY MANAGER, SECTIONS 5.04 AND 10.01 CONCERNING THE POWERS OF THE CITY MANAGER; SECTION 6.06 CONCERNING CANDIDATE RESIDENCY REQUIREMENTS; SECTIONS 7.09, 7.11 AND 7.14 OF THE CHARTER TO SPECIFY THAT THE MANNER OF SELECTING AN AUDITOR AND PROCURING GOODS AND SERVICES COMPLY WITH APPLICABLE STATE LAW AND ALL AGREEMENTS AND CONTRACTS THE CITY ENTERS INTO ARE SUBJECT TO AN ANNUAL APPROPRIATION OF FUNDS, SECTION, SECTION 11.01 OF THE CHARTER CONCERNING THE MANNER OF REMOVAL OF THE CITY ATTORNEY; DELETING OBSOLETE PROVISIONS OF THE CHARTER, MAKING THE CHARTER GENDER NEUTRAL; STANDARDIZING TERMINOLOGY, DEFINITIONS AND REFERENCES TO STATE LAW; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER; AND AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmental, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and 133755025.6 WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac empowers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, pursuant to Section 166.031, Florida Statutes, the City Commission has caused the final drafting and preparation of proposed amendments to the City Charter for submission to the electors of the City; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the business owners, residents, and visitors of the City of Tamarac to submit the proposed Charter amendments to the electors of the City. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing whereas clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof; all exhibits attached hereto are incorporated herein and made a specific part thereof. SECTION 2: An election is called for Tuesday, November 8, 2022, to present to the electors of the City each of the ballot questions provided in Section 5 of this Ordinance. SECTION-1 Balloting shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. at the regular polling places for City elections or as otherwise provided by the Broward County Supervisor of Elections in accordance with applicable law. All qualified electors residing within the City who are timely registered shall be entitled to vote. Early voting may be provided as authorized by law. 2 133755025.6 qualified electors residing within the City who are timely registered shall be entitled to vote. Early voting may be provided as authorized by law. SECTION 4: That notice of the election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to the election, the first publication to be in the fifth week prior to the election, and the second publication to be in the third week prior to the election, and shall be in substantially the following form. - NOTICE OF ELECTION PUBLIC NOTICE IS GIVEN THAT PURSUANT TO AN ENABLING ORDINANCE DULY ADOPTED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA (THE "CITY"), AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY, NOVEMBER 8, 2022, BETWEEN THE HOURS OF 7:00 AM AND 7:00 PM, AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSITIONS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY. 1. Shall Section 2.01 of the Charter be amended to specify the manner the City maintains an official city map and deleting Section 13.01 of the Charter concerning the boundaries of the city as redundant? 2. Shall Section 5.02 of the Charter be amended to require a supermajority vote of the City Commission to remove the City Manager? 3. Shall Sections 5.04 and 10.01 of the Charter be amended to specify the City Manager shall appoint and supervise all Assistant City Managers, all department heads, and the City Clerk? 4. Shall Section 6.06 of the Charter be amended to specify a one-year residency requirement to qualify to be a candidate for the office of Mayor and Commissioner? 5. Shall Sections 7.09, 7.11 and 7.14 of the Charter be amended to specify that the manner of selecting an auditor and procuring goods and services must comply with applicable state law and certain City agreements and contracts for goods and services are subject to an annual appropriation of funds? 6. Shall Section 11.01 of the Charter be amended to require a supermajority vote of the City Commission to remove the City Attorney? 3 133755025.6 7. Shall the City Charter be comprehensively amended, including changes made for style, clarity, consistency, and gender neutrality, deleting obsolete provisions, providing for definition, updating the Charter to conform with State law provisions, and removing matters covered by City Ordinances? Polling place information, as well as the full text of the proposed City Charter amendments and the enabling ordinance for this election are available at the Office of the City Clerk, located at: 7525 NW 88th Avenue, Tamarac, FL 33321 Contact: Kimberly Dillon, Acting City Clerk The Acting City Clerk may combine this Notice of Election with other Notices of Election for any other Charter amendments. SECTION 5: The form of ballot for the proposed Charter amendments shall be as follows: 1. OFFICIAL CITY MAP AND BOUNDARIES Currently the City Charter requires the City to maintain an official city map and sets forth the boundaries of the City. Shall Section 2.01 of the City Charter be amended to include a legal description of the City as part of the official city map and Section 13.01 of the City Charter be deleted as redundant Shall the above -described Charter amendment be adopted? Yes [ ] N o [ ] 2. REMOVAL OF CITY MANAGER Currently the City Charter provides for the removal of the City Manager by a simple majority vote of the City Commission. Shall Section 5.02 of the Charter be amended to require a supermajority vote of the City Commission to remove the City Manager? Shall the above -described Charter amendment be adopted? Yes [ ] No [ ] 3. CITY MANAGER'S AUTHORITY Currently the City Charter provides that the City Manager appoints and supervises Assistant City Managers, Department heads, and the City Clerk subject to the approval 4 133755025,6 of the Commission. Shall Sections 5.04 and 10.01 of the Charter be amended to specify the City Manager shall appoint and supervise Assistant City Managers, Department heads, and City Clerk without Commission's approval? Shall the above -described Charter amendment be adopted? Yes [ ] No [ ] 4. CANDIDATE RESIDENCY REQUIREMENT Currently the City Charter is silent regarding a minimum residency requirement to qualify to be a candidate for the office of Mayor and Commissioner. Shall Section 6.06 of the Charter be amended to specify a one-year residency requirement to qualify to be a candidate for the office of Mayor and Commissioner? Shall the above -described Charter amendment be adopted? Yes [ ] No [ ] 5. PROCUREMENT PROCEDURES Currently the City Charter provides for the procurement of an independent auditor and certain professional services in a manner inconsistent with state law. Shall Sections 7.09, 7.11 and 7.14 of the Charter be amended to comply with state law and that certain City agreements and contracts for goods and services are subject to annual appropriation of funds? Shall the above -described Charter amendment be adopted? Yes [ ] No [ ] 6. REMOVAL OF CITY ATTORNEY Currently the City Charter provides for the removal of the City Attorney by a simple majority vote of the City Commission. Shall Section 11.01 of the Charter be amended to require a supermajority vote of the City Commission to remove the City Attorney? Shall the above -described Charter amendment be adopted? Yes [ ] No [ ] 7. CLARIFICATION AND UPDATE OF CITY CHARTER 5 133755025.6 Currently the City Charter has multiple Sections that are outdated or obsolete. Shall the City Charter be comprehensively amended, including changes made for style, clarity, consistency, and gender neutrality, deleting obsolete provisions, providing for definitions, updating the Charter to conform with State law provisions, and removing matters covered by City Ordinances? Shall the above -described Charter amendment be adopted? Yes [ ] No [ ] The order of presentation of the above listed ballot items on the ballot may be revised pursuant to Section 8, below. The ballot questions and corresponding Notice of Election may be revised by Commission Resolution. SECTION 6: The City Charter is further amended by adding those provisions indicated by underline and deleting those provisions indicated by strikethrough, to read as set forth in Exhibit "A", a copy of which is attached and incorporated herein by this reference. SECTION 7: The County voter registration books shall remain open at the office of the Broward County Supervisor of Elections until the date provided by law as the date that the voter registration books shall close in accordance with the provisions of the general election laws. SECTION 8: The City Clerk, with any necessary assistance and services from the Broward County Supervisor of Elections, is authorized to take all appropriate actions necessary to carry into effect and accomplish the provisions of this Ordinance. SECTION 9: The election returns shall be canvassed by the Broward County Canvassing Board as required by law. SECTION 10: Copies of this Ordinance are on file in the office of the City Clerk located at 7525 NW 88th Avenue, Tamarac, FL 33321, and are available for public inspection during regular business hours. SECTION 11: If a majority of the qualified electors voting on the proposed Charter amendment vote for its adoption, it shall be considered adopted and effective upon certification of the election results. Further, to the extent the City Attorney determines that certain of the Charter amendments provided by Section 5 above are not dependent upon voter approval under that portion of Section 166.021, Florida Statutes, which enables certain charter and special act provisions which presently exist as they existed prior to the initiation of municipal Home Rule Powers in 1973 to be amended by ordinance without a requirement for referendum approval, those limited Charter amendments identified in writing by the City Attorney shall be effective without regard to the vote of the electors and shall be included in the revised Charter. 6 133755025.6 SECTION 12: The City Clerk shall file the revised Charter with the Florida Department of State. SECTION 13: The Charter amendment, if adopted by the electors shall be applied prospectively unless otherwise stated by the Charter text. SECTION 14: All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 15: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shal! not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 16: Subject to the requirements of Section 11 above, it is the intention of the City Commission and it is ordained that the provisions of this Ordinance shall become and made a part of the Charter of the City of Tamarac; that the sections of this Charter may be renumbered or re -lettered to accomplish such intentions; and that the word "Ordinance"" shall be changed to "Section" or other appropriate word. SECTION 17: passage and adoption. This Ordinance shall become effective immediately upon its The remainder of this page is intentionally left blank 7 133755025.6 PASSED, FIRST READING this I i(--day of May 2022. PASSED, SECOND READING this Z'"" day of J iA0e 2022. ATTEST: I.� KIMBERLY DILLON, CMC ACTING CITY CLERK Piz MIC ELLE J. GOME MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR GOMEZ -i&S DIST 1: COMM. BOLTON�o DIST 2: V/M GELIN DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO RECORD OF COMMISSION VOTE: 2nd Reading MAYOR GOMEZ `�e DIST 1: COMM. BOLTON N� DIST 2: V/M GELIN iJ DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THISiCItY OF TAMAR& ONLY. JO N-R. ' ERJN, JR CI ATTORNEY 8 133755025.6 EXHIBIT "A" The "City of Tamarac Charter" is amended as follows:' CITY OF TAMARAC CHARTER PREAMBLE The registered 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 and definitions. 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. Wherever the word "city" shall appear in this Charter, it shall be construed to mean the "City of Tamarac, Florida". Wherever the word "city manager" or "manager" shall appear in this Charter, it shall be construed to mean the "city manager of the City of Tamarac, Florida" or designee. Wherever the words "commission" or "city commission" shall appear in this Charter, it shall be construed to mean "the mayor and commissioners", unless specifically excepted by other provisions of this charter. Whenever the words "state law" shall appear in this Charter, it shall be construed to mean Florida Statutes (2022) as the same may be amended from time -to -time. Whenever the word "ordinance" shall appear in this Charter, it shall be construed to mean official, legislative action of the commission, which action is a regulation of a general and permanent nature and enforceable as a local law. Whenever the word "resolution" shall appear in this Charter, it shall be construed to mean expression of the commission concerning matters of administration, an expression of a '/ Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, and deletions are shown as strikethro inh 9 133755025.E temporary character, or a provision for the disposition of a particular item of business of the commission. When any reference herein is made to any gender, such reference shall be deemed to include either masculine, feminine or neuter, as appropriate, and any reference herein to any number shall be deemed to include both singular and plural where the context of the provisions of this document shall permit or require. 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 prase. ARTICLE III. - CITY SEAL Sec. 3.01. - Described. The official seal of the City of Tamarac hereby established Tamarac, Broward County, Florida, (SEAL), Established symbols or logo as the commission may establish. ARTICLE IV. LEGISLATIVE Sec. 4.01. - City commission; powers and composition. shall bear the legend "City of 1963," and such identification 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 Mmayor 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. Commissieners from Odd numbered districts seFVI'Rg as of MaFGh 11, 2008 shall have their terms eXteRded to 10 1337550256 as of MaFGh 10, 2009, shall have their terms extended to November 10, 2009, at wh" 661T�f }+SS+OReFs— frem —even Rumbered di6tFiGtS, afld the terms fer Mayer and 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 earlier than the third Tuesday, 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 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/her 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. 11 133755025.6 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- (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 sha+rman 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 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 12 133755025.6 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. 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 req UiFeMeRtc 0 vote, and effective date shall be determined by and shall comply with the applicable provisions of state law the MURiGipal Heme Rule Law of the State of Florida [Fla. Stats., Gh. 1661. 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 reaSGRable prqc;e 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/her charge by or under this Charter. 13 133755025.6 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 supermaiority vote of aJl the commissioneFs. 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. 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 his/her 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 his/her 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, . (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 at deemed necessary for the good of the city. He The city manager may authorize any administrative officer who is subject to his/her 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/her or by officers subject to his/her direction and supervision, are faithfully executed. (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. 14 133755025.6 (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 the commission. 0) Administration of Oaths. The Ocity AAmanager or h+s 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/her direction and supervision. (1) 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 Scity Sclerk. 15 133755025.6 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. - Elections. There shall be no primary elections for municipal offices; the election for all municipal offices shall be 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. 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. 16 1337550256 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 resident of the city continuously for one (1) year immediately preceding qualifying as a candidate for the office of mayor may be a candidate for the office of mayor and any elector resident of the city who has resided continuously in the district for one (1) year immediately preceding qualifying as a candidate for the office of commissioner who resides within the teFraterial boundaries of a a; triGt 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 or state law with the city clerk, and pay such fee as may be required by municipal or state law. The qualifying period shall be as set forth by state law the laws of Flerida. 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 the commission within one (1) working day after receipt of certification by the Broward County Canvassing Board. 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 17 133755025.6 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 conformity 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 , shall provide by ordinanGe, 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 anRuaf4y on the first day of October and shall end on the last day of September of the following year. 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 they 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 18 133755025.6 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 COMMOSSiOR commission is hereby required to comply with State law in the preparation of and the adoption of the annual budget. Specifically, the Gcommission is to follow all requirements set forth in Chapters 200, Florida Statutes, "Determination of millage," and Chapter 218, Florida Statutes, "Financial matters pertaining to political subdivisions." Sec. 7.06. - Commission action on capital program. The Gcity of arms shall prepare and maintain a capital program pursuant to Chapter 163, Florida Statutes, the "Local Government Comprehensive Planning and Land Development Regulation Act." 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. 19 133755025.6 (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; , designate such accountant or firm annually, or for a period not exceeding three (3) years as provided by state law. The commission may also provide for a—suFprise 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 G4 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. (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 e^�^TT wQ provided by state 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 provided by state law. 20 133755025,6 Sec. 7.11. - Requirements for public bidding. The City Commissien 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 by the city code or ordinance, all contracts in excess of the financial threshold established by the CityCommission commission shall be procured through a competitive solicitation process. The Gity Commissien commission shall establish by ordinance the advertising requirements for the solicitations of competitive bids, of the Pe-ida C+-++ -+ ,fes as may be mender) frown+imby o +o time as provided state law. 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 certain contracts or services 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/her efforts. The commission, by ordinance, shall establish guidelines and procedures for emergency purchases. Sec. 7.13. - Reserved. Sec. 7.14. - Expenditure for professional services. Contracts for the service of professionals, including but not limited to architects, engineers, surveyors and at+^� landscape architects, shall comply with state law afe 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. 21 133755025.6 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 statuto� state law and this Charter. Sec. 7.17. - Taxation. Authority to Levy Taxes. The city 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 state law for municipal purposes. 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 state law. Tax Foreclosure. The city shall have the power to impose and foreclose city tax and special assessment liens as provided by state law. Sec. 7.18. - Utilities and other special services. The city shall have the authority, unless the state 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 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 22 133755025.6 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 districts, and each member shall be appointed by the commissioner from that district for a term oof office. One (1) member may reside anywhere in the city and shall be appointed by the mayor for a term of office. The charter board shall be appointed on a date to be set by resolution of the city commission, but not before March first, 2003, and every six (6) years thereafter. 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. 23 133755025.6 (c) Chairman and Vice -Chairman. Each term, as soon as possible after new members have taken office, the board shall elect a chairrnaa and a vice-chainmaa. (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/her office. Any absence excused by the chairs 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. (e) 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. (f) Member Must be Elector. Any elector 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 s+ty commission. In order to be considered, the board shall conduct a public hearing on the proposed Charter amendments; and such proposed Charter amendments shall be submitted in final form to the sity commission in sufficient time for the# its review. (b) Reserved. Sec. 8.03. - Assistance, budget and reports. (a) All reports of the board's activities shall be filed with the GAY commission and the city manager for appropriate action. (b)The board shall be entitled to use the services of the city attorney and Ns assistants, accountants, secretaries, and other city staff. When any of the following occurs: (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 Goy commission. The G#y commission may appoint an attorney (counsel to the charter board) and such assistant attorneys as may be necessary, who shall 24 133755025.6 serve at the pleasure of, and at such compensation as may be determined by, the city commission. (c) 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 G4 commission. (d) 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. 4-99.01. - Appointment and GOmpensation. The city clerk shall be appointed by the city manager R. Sec. 4-09.02. - 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 MX. -CITY ATTORNEY Sec. 1-410.01. - Office created; appointment; powers and duties. 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 25 133755025.6 conditions of the service of the city's attorneys shall be in the best interests of the City of Tamarac. The commission maV suspend or remove the city attorney bV a supermajoritV vote of the commission. Upon demand by the city attorney a public hearing shall be held prior to suspension or removal. ARTICLE X11. MISCELLANEOUS PROVISIONS Sec. 4211.01. - Personnel procedures. (a) All employees shall be appointed or promoted solely on the basis of their qualifications and fitness. (b) The manager shall ensure that all employees receive a personnel manual. Sec. 4-211.02. - 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. 4-211.03. - 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 opposed to minor procedural provisions. At said trial, the accused has the right to be informed of the charges against him them, to employ an attorney at city expense, to subpoena witnesses and to be heard and confronted by his/her accusers. 26 133755025.6 Sec. 4211.04. - Conflict of interest. The commission, as provided by in Genfermity with existigg state law, shall, by ordinance, establish regulations to prohibit conflicts of interest. Sec. 4211.05. - Provisions of state law applicable to city planning and zoning. The Fler;da 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; otherwise, the commission shall be the final authority. Sec. 4211.06. - Reserved. Sec. 4211.07. - Reserved. Sec. 4211.08. - 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 state law, after the alleged injury to the commission or the city manager by such injured person, his/her 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. 4211.09. - 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 or designee 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. 4211.10. -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 GOMMissien may not ameRd this Char -ter by ordiRanGe. 27 133755025.6 Sec. 4-211.11. - General laws to apply. All general laws of the state 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 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. ARTICLE XIII. CORPORATE LIMITS .. - -- - .. MW WIN I. .. •- - - • - - - wo-4016�21M limp • .. . _ . .... . _ . ... .lS.R[!'. _ 28 133755025.6 - - - - - - - - - - -NINO or - - -54TAIWArAMPM ang . - M. tz - - Iz _ mffil� _ • �. . . . . . .. ... .. ... . ... ........ ... ...... ... 29 133755025.6 30 133755025.E - - •- •- - •- a -- - e• - - - - - - • 31 133755025.6 .. .- .. .. • .- ..NOW • mere or less te a peint .. northeast TGWRship .• Seuth, Range . feet the . • the ... QJII islisi Rerth of south of NO WIN, WAam mWor.M.rm. rjk�ICA.- ... ..• . . .. . .. -OWNTSMEM ... a. .. I.W. • . ... 32 133755025+6 32 133755025+6 Tea:r_�:r.�:�. _ mEWwP. _ ... NOW . - - ._ .._ , .. .. ...._ ._ , ._ ._ ._ZZ .• .. .. 33 133755025.6 Sec. 4-312.021. Annexation. (a) Procedure. The corporate limits of the city may be extended se 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. ARTICLE XIVIII. TRANSITION SCHEDULE Sec. 1-413.01. - 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 heroin Sec. 4413.02. - 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. Sec. 1413.03. - 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. 34 133755025.E .. .. .. _ .. ON . . .. ZVOMMS . . . . . .. .. - .. . Sec. 4413.082. - 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. 35 133755025.6