HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-007 Referendum Charter AmendmentsTemp. Ord. #2497
April 27, 2022
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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
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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.
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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?
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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
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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
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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.
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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
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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
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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
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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
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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.
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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
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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.
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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.
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(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.
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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.
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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
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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
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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.
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(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.
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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.
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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
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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
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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
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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
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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