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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-004Vropose.d ttx: L/ r n I L_C_K)e r This Ordinance Introduced By: C I ry-\ -F7a. l Glt�._ . x 76-- 48005 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 76-4 Temporary No.358 (Revised 12/12/75) (Corrected 1/8/76) AN ORDINANCE PROVIDING FOR THE SUBMISSION OF A PROPOSED CHARTER FOR THE CITY OF TAMARAC, FLORIDA TO THE ELECTORATE; PROVIDING A PREAMBLE; PROVIDING A TABLE OF CONTENTS; PROVIDING FOR THE IN- CLUSION OF THE FOLLOWING ARTICLES; ARTICLE I - CREATION AND POWERS; PROVIDING FOR THE INCLUSION OF SECTION 1.01; ARTICLE II -- CITY MAP; PROVIDING FOR THE INCLUSION OF SECTION 2.01.; ARTICLE III - CITY SEAL; PROVIDING FOR THE INCLUSION OF SECTION 3.01; ARTICLE IV - LEGISLATIVE; PRO- VIDING FOR THE INCLUSION OF SECTION 4.01 - CITY COUNCIL; POWERS AND COMPOSITION; SECTION 4.02 - CITY COUNCIL; ELECTION, TERMS AND QUALIFICATIONS; SEC- TION 4.03 - MAYOR AND VICE MAYOR; SECTION /1:.04 - COMPENSATION AND EXPENSES OF MAYOR AND COUNCIL; SECTION 4.05 - VACANCIES; FORFEIT- URE OF OFFICE; FILLING OF VACANCIES; SECTION 4.06 - PROCEDURES; SECTION 4.07 - ORDINANCE AND RESOLUTION; SECTION 4.08 - BOARDS AND ADVISORY GROUPS; SECTION 4.09 - BOARD OF SOCIAL SERVICES; SECTION 4.10 - PUBLIC INFORMATION COMMITTEE; SECTION 4.11 - CONSUMER AFFAIRS COMMITTEE; ARTICLE V - CITY MANAGER; PROVIDING FOR THE INCLUSION OF SECTION 5.01 - GENERAL RESPONSI- BILITY; SECTION 5.02 - APPOINTMENT; REMOVAL; COMPENSATION; SECTION 5.03 - ACTING CITY MANAGER; SECTION 5.04 - POWERS AND DUTIES OF THE CITY MANA- GER; SECTION 5.05 - OATH OF OFFICE; ARTICLE V1- QUALIFICATIONS AND ELECTIONS, - PROVIDING FOR THE INCLUSION OF SECTION 6.01 - QUALIFICATIONS OF ELECTORS; SECTION 6.02 - DISTRICTS; SECTION 6.03 - REDISTRICTING; SECTION 6.04 - ELECTIONS; SECTION 6.05 - GENERAL L'LECTION LAW; SECTION 6.06 - CANDI- DATES; SECTION 6.07 - ARRANGEMENTS FOR ELECTIONS; SECTION 6.08 - RETURNS AND CERTIFICATES OF ELECTIONS; SECTION 6.09 - INITIATIVE, REFERENDUM; ARTICLE VII - FINANCIAL PROCEDURES; PROVIDING FOR THE INCLUSION OF SECTION 7.01 - FISCAL YEAR; SECTION 7.02 - SUBMISSION _- OF BUDGET AND MESSAGE; SECTION 7.03 - FORM AND CONTENT OF BUDGET; SECTION 7.04 - CAPITAL PROGRAM; SECTION 7.05- COUNCIL ACTION ON BUDGET; SECTION 7.06- COUNCIL ACTION ON CAPITAL PROGRAM; SECTION 7.07 - PUBLIC RECORDS; SECTION 7.08 - DEPOSIT AND INVESTMENT OF CITY dlct FUNDS; SECTION 7.09 - INDEPENDENT AUDIT OF CITY ACCOUNTS; SECTION 7.10 - APPROPRIATIONS AND AMEND- MENTS; SECTION 7.11 - REQUIREMENTS FOR PUBLIC BIDDING; SECTION 7.12 - EMERGENCY EXPENDITURES; SECTION 7.13- REQUIREMENTS FOR REFERENDUM; SECTION 7.14 - EXPENDITURE FOR PROFESSIONAL SERVICES; SECTION 7.15 - COUNCIL ACTION: PUBLIC HEARING; SECTION 7.16- BONDS AND MUNICIPAL BORROWING; SECTION 7.17 - TAXATION; SECTION 7.18 - UTILITIES AND OTHER SPECIAL SERVICES; SECTION 7.19 - FRANCHISES; ARTICLE VIII - CHARTER BOARD; PROVIDING FOR THE INCLUSION OF SECTION 8.01 - TERMS AND QUALIFICATIONS; SECTION 8.02 - DUTIES AND POWERS; SECTION 8.03 - ASSISTANCE, BUDGET AND REPORTS; ARTICLE IX - MUNICIPAL JUDGE AND COURT; PROVIDING FOR THE INCLUSION OF SECTION 9.01 - MUNICIPAL COURT ESTABLISHED; JUDGES, - TERM OF COURT; SECTION 9.02 - POWERS OF JUDGE AND COURT GENERALLY; SECTION 9.03 - SEARCH WARRANTS; SECTION 9.04 - FORFEITURE OF MONEY, ETC.; SECTION 9.05 -- CLERK OF COURT; SECTION 9.06 - POWERS OF POLICE OFFICERS; SECTION 9.07 - DOCKETING CASES; SECTION 9.08 - CONFINEMENT OF PERSONS ARRESTED; SECTION 9.09 - BOND OR OTHER SECURITY FOR APPEARANCE GENERALLY; SECTION 9.10 - CASH BOND; SECTION 9.11 - FORFEITED BONDS; SECTION 9.12 - PROCEDURE AND TRIAL; SECTION 9.13 - DISPOSITION OF MONEY COLLECTED AS FINES; SECTION 9.14 - REPORTS OF ARRESTS; SECTION 9.15 - JUDGMENT OF COURT; SECTION 9.16 - APPEALS; ARTICLE X - CITY CLERK; PROVIDING FOR THE INCLUSION OF SECTION 10.01 - APPOINTMENT AND COMPENSATION; SECTION 10.02 - POWERS AND DUTIES; SECTION 10.03 - SUSPENSION OR REMOVAL; ARTICLE XI - CITY ATTORNEY; PROVIDING FOR THE INCLUSION OF SECTION 11.01; ARTICLE XII - MISCELLANEOUS PROVISIONS; PRO- VIDING FOR THE INCLUSION OF SECTION 12.01 - PERSONNEL PROCEDURES; SECTION 12.02 - RETIREMENT OR PENSION PLAN; SECTION 12.03 - REMOVAL FROM OFFICE; SECTION 12.04 - CONFLICT OF INTEREST; SECTION 12.05 - PROVISIONS OF STATE LAW APPLICABLE TO CITY PLANNING AND ZONING; SECTION 12 .06 - RESIDENTIAL GROWTH CONTROL; SECTION 12.07 - RECREATIONAL LAND USE REFERENDUMS; SECTION 12.08 - LIMITATIONS ON SUITS FOR DAMAGES; SECTION 12.09 - SIGNATURES TO BONDS, CHECKS, CONTRACTS, ETC.; SECTION 12.10 - AMENDMENTS; SECTION 12.11 - GENERAL LAWS TO APPLY; ARTICLE XIII - CORPORATE LIMITS; PROVIDING FOR THE INCLUSION OF SECTION 13.01 - BOUNDARIES; CORPORATE LIMITS; PROVIDING . ip�m 6! FOR THE INCLUSION OF SECTION 1.3.02- ANNEXATION; ARTICLE XIV -- TRANSITION SCHEDULE; PROVIDING FOR THE INCLUSION OF SECTION 14.01 - ORDINANCES PRESERVED; SECTION 14.02 - RIGHTS OF OFFICERS AND EMPLOYEES; SECTION 14.03 - PENDING MATTERS; SECTION 14.04 - REFERENDUM FOR APPROVAL OF Charter; SECTION 14.05 - TRANSITION ORDINANCES; SECTION 14.06 - DELETION OF OBSOLETE SHEDULE ITEMS; SECTION 14.07 - REFERENDUM AND BALLOT; SECTION 14.08 - SAVINGS CLAUSE; PRO- VIDING FOR THE DIRECTION TO THE ELEC- TION BOARD TO PLACE THE PROPOSED AMENDMENT ON THE BALLOT FOR THE GENERAL ELECTION ON MARCH 9, 1976; EXPRESSLY REPEALING ANY AND ALL PROVISIONS OF THE CHARTER OF THE CITY OF TAMARAC IN CON- FLICT; PROVIDING AN EFFECTIVE DATE. WHEREAS, the provisions of Florida Statutes, Chapter 166 - Municipal Home Rule Powers Act - Section 166.031 thereof, provides a method for Municipal Charter amendments, and WHEREAS, the City Council of the City of Tamarac, Florida, did authorize the creation of a Charter Review Commission; and WHEREAS, said Charter Review Commission has made recommend- ations to the the City Council of the City of Tamarac, Florida, for the submission of a proposed revised Charter expressly repealing the now existing City Charter; and WHEREAS,; the City Council of the City of Tamarac, Florida, after due deliberation and study has determined that the submission of the said proposed revised Charter be in the best interests of the citizens of the City of Tamarac, Florida; and WHEREAS, the City Council of the City of Tamarac, Florida, is desirous of submitting the said revised proposed Charter to referendum vote, NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: The following shall be the proposed revised Charter for the City of Tamarac, Florida, the Preamble of which shall read as follows: 2913 961 I 1 11 Ma:10Fe16111M The 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. The table of Contents shall read as follows: TABLE OF CONTENTS Acknowledgment Preamble Article I Creation and Powers Article II - City Map Article III - City Seal Article IV - Legislative 4.01 - City Coucnil; Powers and Composition 4.02 - City Council; Election, Terms and Qualifications 4.03 - Mayor and Vice Mayor 4.04 - Compensation and Expenses of Mayor and Council 4.05 - Vacancies; Forfeiture of Office; Filling of Vacancies (A) - Vacancies (B) - Forfeiture of Office (C) - Filling of Vacancies (D) - Extraordinary Vacancies (E) - Temporary Chairman 4.06 - Procedures (A) - Meetings (B) - Rules and Journal (C) - Voting and Quorum 4.07 - Ordinance and Resolution (A) - Procedures for Adoption (B) - Codification of Ordinances 4.08 - Boards and Advisory Groups 4.09 - Board of Social Services 4.10 - Public Information Committee 4.11 - Consumer Affairs Committee Article V - City Manager 5.01 - General Responsibility 5.02 - Appointment, Removal, Compensation (A) Appointment (B) Suspension or Removal (C) Compensation 5.03 - Acting City Manager 5.04 - Powers and Duties of the City Manager -4- CD 06a (A) Appointment of Department Heads and Assistant City Manager (B) Direction and Supervision of Departments Offices and Agencies (C) Suspension and/or REmoval of Department Heads and Administrators (D) Execution of Duties (E) Bonds, Contracts and Issuance of Checks (F) Collection of Revenues and Maintenance Records (G) Purchasing Powers (H) Accounts, Audits and Reporting (I) Independent Audits (J) Administration of Oaths (K) Attendance at Council Meetings (L) Administrative Departments, Divisions and Agencies Article V - Oath of Office Article Vl - Qualifications and Elections 6.01 - Qualification of Electors 6.02 - Districts 6.03 - Redistricting 6.04 - Elections 6.05 - General Elections Law 6.06 - Candidates 6.07 - Arrangements for Elections 6.08 - Returns and Certificates of Elections 6.09 - Initiative, Referendum Article V11 - Financial. Procedures 7.01 - Fiscal Year 7.02 - Submission of Budget and Message 7.03 - Form and Content of Budget 7.04 Capital Program 7.05 - Council Action on Budget 7.06 - Council Action on Capital Program 7.07 - Public Records 7.08 - Deposit and Investment of City Funds (A) City Depositories (B) Deposit of City Funds (C) Investment of City Funds 7.09 - Independent Audit of City Accounts 7.10 - Appropriations Amendments 7.11 - Requirements for Public Bidding 7.12 - Emergency Expenditures 7.13 - Requirements for Referendum 7.14 - Expenditure for Professional Services 7.15 - Council Action: Public Bidding 7.16 - Bonds and Municipal Borrowing 7.17 - Taxation (A) Authority to Levy Taxes (B) Assessanent and Collection (C) Tax Foreclosure 7.18 - Utilities and Other Special Services 7.19 - Franchises (A) General Franchises (B) Rates and conditions of Franchises (C) Franchises Subject to REggdation by the City Article Vlll _ Garter Board 8.01 - Terms and Qualifications 8.02 - Duties and Powers 8.03 - Assistance, Budget and Reports A 1VM M72 I LJ 1 1 Article IX - Municipal Judge and Court 9.01 - Municipal Court established; Judges; Term of Court 9.02 - Powers of Judge and Court Generally 9.03 - Search Warrants 9,04 - Forfeiture of money, etc. 9.05 - Clerk of Court 9.06 - Powers of Police Officers 9.07 - Docketing Cases 9.08 - Confinement of Persons Arrested 9.09 - Bond or Other Security for Appearance Generally 9.10 - Cash Bond 9.11 - Forfeited Bonds 9.12 - Procedure and Trial 9.13 - Disposition of Money Collected as Fines 9.14 - Reports of Arrests 9.15 - Judgment of Court 9.16 - Appeals Article X - City Clerk 10.01 - Appointment and Compensation 10.02 - Powers and Duties 10.03 Suspension or Removal Article XI - City Attorney Article XII - Miscellaneous Provision 12.01 - Personnel Procedures 12.02 - Retirement or Pension Plan 12.03 - Removal From Office 12.04 - Conflict of Interest 12.05 - Provisions of State Law Applicable to City Planning and Zoning 12.06 - Residential Growth Control 12.07 - Recreational Land Use Referendums 12.08 - Limitations on Suits for Damages 12.09 - Signatures to Bonds, Checks, Contracts, etc. 12.10 - Amendments 12.11 - General Laws to Apply Article XIII - Corporate Limits 13.01 - Boundaries 13.02 - Annexation Article XIV - Transition Schedule SECTION I: That Article I - CREATION AND POWERS - shall read as follows: ARTICLE I CREATION AND POWERS c-5 Section 1.01 The City of Tamarac, whose charter was adopted on May 19, 1971, subsequently amended, and now superseded by this charter, shall b-+ hereby continue to be known as the City of Tamarac, a body politic andB M M 190�m 9 S i Y r 1 1 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. RVrMTnN 9 read as follows: Section 2.01 That Article II - CITY MAP - shall ARTICLE II CITY MAP The official city map shall be the one prepared by the City Engineer and signed by him certifying thatthe map conforms to the City corporate boudaries. The City Map 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 Council shall be filed with all appropriate officials as required by law. Copies of these maps shall be available to the public at a reasonable price. SECTION 3: read as follows: Section 3.01 That Article III - CITY SEAL - shall F.11*10 14JAM0i1 CGj1VWM0:WW1" The official seal of the City of Tamarac hereby established shall bear the legend "City of Tamarac, Broward County, Florida, (SEAL), Established 1963," and such identification symbols or logo as the Council may establish. SECTION 4: That Article IV - LEGISLATIVE -- shall read as follows: ARTICLE IV LEGISLATIVE Section 4.01 - City Council; Powers and Composition The City Council, hereinafter referred to as the "Council" 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 Council shall consist of five (5) members, one of whom shall be the Mayor. Section 4.02 - City Council; Election. Terms and Qualifications Councilmembers shall be elected for a term of two (2) years in the manner provided for and in accordnace with the qualifica.,�,�, tions set forth in Article VI. Councilmembers from odd -numbered districts shall be elected in each odd -numbered year, and council- C.J[ members from even -numbered districts and the Mayor shall be elected I� in each even -numbered year. WAN 6D Section 4.03 - Ma or and Vice Mayor The Mayor shall be a voting member of the Council 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 Council to represent the City in all agreements with or certi- fications to other governmental entities; shall have only those administrative duties required to carry out the responsibilities herein. Each year, as soon as possible after the new councilmembers have taken office, a majority of the councilmembers shall elect a Vice Mayor. In the event of a Vice Mayoral vacancy, a majority of the Council shall elect a new Vice Mayor. Section 4.04 - Compensation and Expenses of Mayor and Council The salary of the Mayor shall be $150,..00 per month and the salary of the councilmembers shall be $100.00 per month. The Mayor or any member of the council shall be entitled to receive his actual and necessary expenses allowable by law not to exceed $1,200.00 a year incurred in the performance of his duties as Mayor or member of the council upon delivery of an itemized voucher to the City Manager, Section 4.05 - Vacancies; Forfeiture of Office; Fillipof Vacancies A. Vacancies. The office of a councilmember shall become vacant upon death, resignation, or removal from office in any manner authorized by law. B. Forfeiture of Office. A councilmember 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. C. Filling of Vacancies. If any vacancy occurs except as a result of a recall, the remaining councilmembers 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. D. Extraordinary Vacancies. In the event that three (3) or more members of the council 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. In the absence of both the Mayor and Vice Mayor, a temporary chairman for any council meeting may be designated by three councilmembers. Section 4.06 - Procedures A. Meetings. The council shall meet regularly at least twice a month, except during August, at such times and places as the council 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 sr may call for an immediate meeting of the Council. -8- cn F„ C B. Rules and Journal. The council 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 Council will constitute a quorum. An affirmative vote of three (3) members shall be necessary to enact any ordinance or adopt any resolution. Section 4.07 - Ordinance and Resolution A. Procedures for Adoption. The meaning of the terms ordinance and resolution; method of introduction; requirements as to reading same; form and manner of publication; procedures for emergency ordinance; the requirements of a quorum and number of affirmative votes; recording of the vote; and effective date shall be determined by and shall comply with the applicable provisions of the Municipal Home Rule Law of the State of Florida. 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 council 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 pullic, and shall be made available for purchase at a reasonable price. Certified copies of any ordinance may be received in evidence in all courts. Section 4.08 - Boards and Advisory Groups The Council may create by ordinance adjustment, regulatory and advisory boards, development authorities, redevelopment authorities and agencies, specifying the duties and membership, thereof. Members of these Boards shall serve without compensation except for necessary expenses approved by the Council.. All such Boards shall be part of the City Government and shall utilize the services of the City Manager, City Clerk, and City Attorney. When possible, each Board and advisory group shall have at least one member from each of the City's districts. Section 4.09 - Board of Social Services. The Council, by ordinance, shall create a Board = of Social =7;1-1 Services to study and make suitable recommendations to insure the health,' welfare and safety of the residents of this community with particular M emphasis on the speical problems of the aging. Ilif -9-- a ZAD 081 [J J 1 Section 4.10 - Public Information Committee. The Council, by ordinance, shall create a Public Information Committee consisting of one member of the council, one member of the Charter Board, and three members from the general public. The purpose of the committee is to improve communication between the government and residents of Tamarac, and encourage citizen participation in city affairs. Section 4.11 - Consumer Affairs Committee. The Council, by ordinance, shall create a Consumer Affairs Committee for the purpose of protecting consumers in purchases of residences, goods and services. They shall propose ordinances to the Council designed to protect consumers, cooperate with other similar governmental bodies, and perform such other duties as prescribed by Council. SECTION 5: That Article V - CITY MANAGER - shall read as follows: ARTICLE V CITY MANAGER Section S.OI.General Responsibility. . - _ The City Manager shall be the Chief Administrative Officer and shall be responsible to the Council for the administration of all city affairs placed in his charge by or under this charter. Section 5.02 -- Appointment; Removal;_ Compensation. A. Appointment. The Council shall appoint a fully qualified City Manager for an indefinite term by a majority vote of all the councilmembers. B. Suspension or Removal. The Council may suspend or remove the manager by a majority vote of all the councilmembers. Upon demand by the manager a public hearing shall be held prior to suspension or removal. C. Compensation. The compensation of the manager shall be fixed by the council. Section 5.03 - Acting City Manama The manager shall designate, subject to approval of the council, a qualified city administrative officer to exercise the,; powers and perform the duties of manager during his temporary absence or disability. During such absence or disability, the council may revoke such designation at any time and appoint another qualified officer of the city to serve until the manager shall return to his dutTg�. Section 5.04 - Powers and Duties of the City Manager. A. Appointment of Department Heads and Assistant Citv Manaaeir-.,n He shall appoint and supervise the heads of all departmentwi and Assistant City Manager, if required, subject to the approval of the majority of the Council. The Manager, subject to the approval of the Council shall appoint, suspend, remove or demote the Chief Building Official. In circumstances, which the Council deems appropriate, it may directly appoint, suspend, remove or demote the said official. -10- LI B. Direction and Su ervision of De artments Offices And Agencies. He shall direct and supervise the administration of all departments, including the aiilding Department, offices and agencies of the city, except as otherwise provided by this charter or by law. C. Sus ension And Or Removal of De artment Heads And Administrators. He shall suspend or remove any employee or appointive administrative officer except as otherwise provided by law or rules adopted pursuant to this charter, when he deems it necessary for the good of the City. He may authorize any administrative officer who is subject to his direction and supervision to exercise such powers vested in that officer. D. Execution of Duties. He shall ensure that all laws, provisions of this Charter and acts of the Council, subject to enforcement by him or by officers subject to his direction and supervision, are faithfully executed. E. Bonds Contracts and Issuance of Checks. He shall execute bonds, contracts and issue checks on behalf of the City pursuant to appropriate ordinances, resolutions and directions of the Council. F. Collection of Revenues and Maintenance of Records. He shall collect all city revenues, keep proper records of all monies received by the CLty. G. Purchasing Powers. He shall purchase supplies and services, capital equipment, non -capital 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 shall maintain a uniform system of accounts, and audit such accounts of the departments, officers, and appropriate employees; make reports thereof to the Council; immediately audit the accounts of any officer or department -head handling public funds upon death, resignation, removal or expira- tion of term of office. I. Independent Audits. He shall cooperate with independent auditors retained by the City, including the right of such auditors to perform surprise audits whenever so ordered by Council. J. Administration of Oaths. He 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 council. K. Attendance at Council Meetings. He shall attend all council meetings but may not vote; recommend to the Council for adoption such measures sary or expedient in the best as he may deem neces- interest of the City; re- port to the Council concerning the operations of depart- _,._, ments, offices and agencies, subject to his direction and -,"I supervision. :J CJI 7\�D h-� m -11- L. Administrative Departments, Divisions and Agencies. He shall exercise the administrative powers of the City through such departments, divisions, and agencies as the council 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 Manager for the operation thereof, and shall perform such duties and have such powers as may be prescribed. Two or more departments and/or divisions and/or agencies may be headed by the same individual. Section 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 Manager, to be kept on file in the office of the Manager. SECTION 6: That Article VI - QUALIFICATIONS AND ELECTIONS - shall read as follows: ARTICLE VI QUALIFICATIONS AND ELECTIONS Section 6.01 - Qualifications of Electors. Any citizen of the United States who is a registered elector in Broward County and who resides within the corporate limits, shall qualify as an elector of the City. Section 6.02 - Districts. The City is hereby divided into four (4) separate political districts, to be known as District One (1), Two (2), Three (3), and Four (4). One councilmember shall reside in each district. Electors of the City desiring to qualify and run for the office of councilmember, must reside within the territorial boundaries of the appropriate council district. Section 6.03 - Redistricting. The council shall establish by October 1 of each even - numbered year a temporary Redistricting Commission whose sole function shall be the redistricting of the City as provided by law. The commission shall be made up of five (5) members of which three (3) public members shall be graduate students or research fellows provided by FAU/FIU Joint Center .for Environmental and Urban Problems or other similar educational institution, one councilmember appointed by the Council, and one Charter Board member appointed by the Charter Board. The City Clerk shall attend all meetings of the Commission but shall not vote. The Commission shall elect as its chairman one of the public members of the Commission. The Commission shall file with the Manager and Council a report, containing a plan for adjustment of the council district boundaries, by November 15 of the same year. The report ,hall include a map and description of the districts recommended. The redistricting shall take effect within ten (10) days after the date of the enactment of an appropriate ordinance adopting the report. The Commission shall=t;-„ then be dissolved. Compensation for the work of the public members of the Commission shall be determined by the Council. 7V -12- 11 Section 6.04 - Elections, There shall be no primary elections for municipal offices; the election for all municipal offices shall be held on the second Tuesday in March of the calendar year, 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 de- clared elected. In the event of a tie vote between two or more candi- dates, the CLty shall arrange with the Broward County Supervisor of Elections for a special run-off 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. Candidates for any office shall run city-wide. Section 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. Section 6.06 - Candidates. Any elector resident of the City may be a candidate for the office of Mayor and any elector resident of the City who resides within the territorial boundaries of a district, may be a candidate for the office of councilmember for that district. Each candidate shall file a verified notice of candidacy in such form as may be required by law with the City Clerk, and pay such fees as may be required by law, no earlier than noon on the last Tuesday in January, nor later than noon on the second Tuesday in February of the calendar year in which the election is to be held, Section 6.07 -- Arranarements for Elections. The City Clerk shall make all necessary arrangements with the appropriate county officials for holding all elections and referen- dums; 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. Section 6.08 - Returns and Certificates of Elections. All municipal elections shall be canvassed by the Broward County Supervisor of Elections who shall certify the results to the fL .. City Clerk within five (5) days after the election. Absentee ballots,=:'; as provided by law, shall be canvassed by a member of the City Clerk's office together with a member of the City's current certified public auditing firm. The City Clerk shall certify the results of the electiq j to the Council within seven (7) days after the election. F_ft Section 6.09 - Initiative. Referendum. L� nl A. The power to propose amendments to any section of this C114) charter or to propose the repeal, amendment or enactment OD 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 propos- al signed by a number of electors equal to at least seven (7%) percent of the total city electors at the time of the -13- FLI last general. election. All city officers and departments shall cooperate with the County Supervisor of Elections who shall determine the validity of said petition and who shall notify the Council 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 Council, 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 accord- ance wth the petition and in conformity with the law per- taining 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 Council. 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 council, within ninety (90) days after effective date of this charter, shall provide by ordinance, pro- cedures relating to the form and requirements of a petition for initiative referendum. 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. SECTION 7: That Article VII - FINANCIAL PROCEDURES - shall read as follows: ARTICLE VII FINANCIAL PROCEDURES Section 7.01 -- Fiscal Year. The fiscal year shall begin annually on the first day of October and shall end on the last day of September. Section 7.02 - Submission of Budvet and Messave. The manager shall on or before July l of each year submit to the Council 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 over-all financial and debt position and include such other material as he deems desirable, and as the Council or Charter may require. -14- I-W C�;T Fes+ W In M WIT Section 7.03 - Form and Content of Budvet. The 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 city 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 council. Also, it shall show comparative figures of expenditures and revenues for the current and past fiscal years detailed to show the increase and decrease in dollars and percentages. The total of proposed expenditures shall not exceed the total of estimated income. It shall also show projected fixed expenses for the next five (5) years and expenses for pensions, if any, and debt service. The budget shall provide a surplus not to exceed two months net operating expenses at the end of the fiscal year. Section 7.04 - Capital Program. The Manager shall submit to the Council a five (5) year capital program prior to July 1 of each year. The capital program shall include, but not be limited to a summary of its contents; a list of all capital improvements which are proposed to be undertaken during the next five (5) fiscal years with details as to their necessity and other appropriate information. Whenever so requested by the Council or otherwise require the Manager shall make recommendations for revising of the program. Section 7.05 - Council Action on Budget. The Council shall publish no later than fourteen (14) days before the first public hearing, in one or more daily newspapers of general circulation in the City, the general summary of the budget, and a notice stating the times and places where copies of the message and budget are available for inspection by the public and as required by law, the times and places for public hearings on the budget. . After such public hearings, the Council may adopt the budget with or without amendment. In amending the budget, it may add, increase, delete or decrease any programs or amounts, except expendi- tures required by law or for debt service, or for estimated cash deficit, provided that the authorized expenditures shall not exceed the total of estimated income at all times. The Council shall, by resolution, adopt the budget by the 30th of September. If it fails to adopt the budget by this date, the amounts appropriated for current operation for the current fiscal year shall be deemed adopted for the ensuing fiscal year on a month to month basis, with all items in it prorated accordingly, until such time as the Council adopts a budget for the ensuing fiscal year. Adoption of the budget shall constitute appropriations of the amounts specified therein as expenditures from the funds indicated and shall constitute a levy of the property tax therein proposed, if any. Section 7.06 - Council Action on Capital Program. The Council shall publish in one or more daily newspapers of general circulation in the City the summary of the capital program including the times and places where copies of the capital program are,- available for inspection by the public, and the time and place, not leEjr� C�,Jt -1.5-- x� tYY than fourteen (14) days after such publication, for a public hearing on the capital program. The Council by resolution shall adopt the capital program with or without amendment after the public hearing by the 30th of September of the fiscal year. Section 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 and within two (2) weeks of adoption of the budget and/or approval of the capital program. Section 7.08 - Deposit and Investment of Citv Funds. A. City Depositories. The council shall, from time to time, in its discretion, designate banks or trust companies as city depositories. The Council may, as provided by law, establish rules and regulations govern- ing the deposits, withdrawals of funds, security to be deposited by the depository and other safeguards for the deposited city funds. B. De osit 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, may be invested in short term United States Bonds, Treasury Notes and/or Bills, and any other investments as authorized by law up to the maximum amount insured by an agency of the Federal Government. Section 7.09 - Independent Audit of Citv Accounts. The Council shall provide for an independent annual or more frequent audit of all City accounts and shall request the audit- ing 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 Council. The Council may, without requiring competitive bids, designate such accountant or firm annually, or for a period not exceeding three (3) years. The Council may also provide for a surprise audit by enact- ment of an emergency ordinance, as provided by law. If the State makes an audit, the Council 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 Council. Section 7.10 - Appropriations Amendments. A. The City Manager shall report promptly to the City Council concerning the probability of funds in excess of appropriations or the probability of funds insufficient to cover appropriations, together with recommendations t.:� for suitable action. r��; B. The Council may utilize excess funds for supplemental appropriations or transfer such funds to the general account. -16- C. With regard to deficits, the Council shall take action as empowered by law including, but not limited to, re- duction in staff and/or services, deferment or abandon- ment 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 Council, may transfer funds between departments, as is permitted by law. Section 7.11 -- Requirements For Public Biddingr. All procurements on behalf of the City, including but not limited to land, buildings, supplies, capital equipment, non -capital equipment, rental of space, repairs, improvements, and construction of captial improvements other than printing of ballots and legal advertising involving dollar values in excess of $2,000.00 shall be procured through competitive bidding. Published notice covering each such intended procurement shall appear in at least one daily newspaper of general City circula- tion once each week for two (2) consecutive weeks. The first such notice shall be published at least ten (10) days prior to the bid opening date. The second such notice shall be published no sooner than five (5) days after the initial notice publication. 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. Section 7.12 - Emergency Expenditures. "Emergency" as used in this section shall refer to circum- stances which may require immediate action for the protection of the safety, health and welfare of the community or any segment thereof. The Council, at a meeting or by communication with the Manager, shall determine whether in fact an emergency exists. To defray emergency expenditures the Manager may be authorized by the Council to arrange for direct procurement of necessary supplies and services. the Manager - shall endeavor to secure proposals for these supplies or services from at least two separate sources and will report to the Council concerning his efforts. Section 7.13 - Requirements For Referendum. In addition to complying with public bidding requirements, no capital facility or improvements or contract for acquisitions or construction of such facility or improvements involving a cost in excess of $75,000.00 or two and one half (227o) percent of the then current budget, whichever is higher, or requiring the borrowing of funds by the City, or the issuance of bonds to fund such capital facility or improvements, shall be authorized or initiated until. such improvements and the borrowing of funds or the issuance of bonds therefor have been approved by a majority of the qualified electors voting on such issue at a special or general election. Section 7.14 - Expenditure For Professional Services. Contracts for the service of professionals, including but not limited to architects, engineers, surveyors and attorneys, may, with the approval of the Council, be entered into without public competitive bidding. Qualifications, work history and other relevant;�I data shall be reviewed before entering into such contracts. -17- Section 7.15 - Council Action: Public Bidding. When public competitive bidding is required, the Council 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 Council may require such bidder to provide a legally binding .faithful performance bond. The necessary documentation shall be approved by the City Attorney prior to the execution of such documents. Section 7.16 - Bonds and Municipal Borrowinv. The City shall have full power and authority to issue municipal bonds or to borrow funds for municipal purposes to the extent authorized by and subject to the limitations provided in the Constitution of the State of Florida, The Municipal Home Rule Law, other statutes and this Charter, provided further that bonds intended for the funding or refunding of an acquisition or construc- tion of a capital project shall not be issued until such project and such issuance has been approved by a majority of the qualified electors voting on the issue at a special or general election. Section 7.17 - Taxation. A. Authority To Levy Taxes. The Council shall have the full power and authority to levy upon the taxable property within the corporate limits of the City such mill.age or tax to raise funds needed for the operation and public purposes of the City; to levy such additional taxes as may be necessary to pay interest on present or future outstanding bonds, and provide a sinking fund for the redemption of said bonds; and to levy all further taxes which are authorized by law for municipal purposes. B. Assessment and Collection. The functions of tax assessing and tax collection of the City shall be consolidated and those responsibilities placed with the appropriate County officials as provided by law. C. Tax Foreclosure. The City shall have the power to impose and foreclose City tax and special assessment liens as provided by law. Section 7.18 - Utilities And Other Special Services. The City shall have the authority, unless the law specifies otherwise, to supply water, electricity, and other sources of power, sewerage disposal, and gas for domestic and other purposes; facilities for geriatric and other medical care, day nurseries, etc. to individuals, firms, corporations and other municipalities. Further, for such enterprises, the City may charge rates to be fixed by Ordinance, at a higher level to the consumer than otherwise may be charged with- in 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 co -mingled with any of the regular budget -approved expenses and revenues of the City. �r -18- z w,.�s Section 7.19 - Franchises. A. Granting Franchises. The Council may, by Ordinance, except where referendum is required after public notice and public hearings, grant a non-exclusive franchise to any individual, company, firm, or corporation to exercise public functions in the City and to construct and operate any and all public utilities in the City and in, under, or over the streets and public places of the City, and to use such public property in connec- tion 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 Council shall impose. B. Rates And Conditions of Franchises. The Council 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 Council 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 Council, 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 Council are required in the interest of public health, safety or welfare. SECTION 8: That Article VIII - CHARTER BOARD - shall. read as follows: ARTICLE VIII Section 8,01 - Terms and Qualifications. The Charter Board shall consist of five (5) members, two (2) shall be elected in even years and three (3) in odd years. All terms shall be for two years and shall begin the first Tuesday follow- ing the certification of the election. Each year, as soon as possible after the new members have taken office, the Board shall elect a Chairman and Vice Chairman. In the event of a vacancy, the Board shall elect a replacement who shall serve for the remainder of the expiring term or until the next general election, whichever shall come rw) first. _19- xu 1 1 1 Section 8.02 - Duties and Powers. A. The Board shall have the power to investigate specific violations involving malfeasance such as fraud, dis- honesty, illegal personal gain at public expense, misappropriation of City funds, violations of conflict of interest or other acts of public infidelity. The Board shall hold public hearings and may, upon the advice of the In -City Attorney, subpoena witnesses and take testimoney. The results of such investigations shall be filed as provided in Section 8.03A. B. The Board shall consider and propose to the Council, at least 120 days in advance of the general election, amendments to the Charter. The Council shall hold a public hearing on such proposals within thirty (30) days after receipt of such proposals. In the event the Council takes no action or votes not to place such proposed amendments on the ballot, the Charter Board, by a vote of at least four (4) affirmative votes, shall have the right to submit such proposals to referendum at the next general election. C. The Board may participate with the Manager and assigned officials in preparation and review of the budget. D. The Board may participate in the redistricting of the City by providing such information and guidance as may be requested by the redistricting commission. B. The Board, upon request of the Council, may make special studies and investigations. Section 8.03 - Assistance, Budget and Reports. A. All reports of the Board's activities shall be filed with the Council and the Manager for appropriate action. In the event that satisfactory responses or corrective measures are not made within thirty (30) days, the Charter Board shall have theright to pursue such matter with the appropriate authorities including the courts and the offices of the State's Attorney. B. The Board shall use the services of the In -City Attorney(s), accountants, secretaries and other city staff. When such service is not available, or if the In -City Attorney decides that a conflict of interest exists, the Manager shall have the authority, within budgetary limits, to hire necessary assistants as requested by the Board. C. The Board, in cooperation with the develop its own operating budget; against the approved budget shall of the Board. -20- City Manager, shall all expenses charged require the approval CJT r� C 1 SECTION 9: That Article IX - MUNICIPAL JUDGE AND COURT - shall read as follows: ARTICLE IX MUNICIPAL JUDGE AND COURT Section 9.01 -- Municipal Court Established; Jud es; Term of Court. There is hereby established in the City a municipal court to be known as"Tamarac Municipal Court," for the trial of all persons charged with violation of the City Laws and Ordinances. A. A municipal judge and such assistant municipal judges as may be necessary shall be appointed by resolution of Council, to serve at the pleasure of and at compen- sation to be fixed by the Council. B. The municipal judge and any assistant judge shall be attorneys at law, qualified to practice in the Courts of the State. C. One or more weekly terms of the municipal court at times fixed by ordinance shall be held when necessary for the trials. Section 9.02 - Powers of Judge and Court Generallv. The municipal judge shall have power by warrant or by warrants issued in his name to have brought before the municipal court any person or persons charged with the violation of City Ordinances or the commission of any act within the City constituting a misdemeanor under state laws, and shall have exclusive original jurisdiction over all criminal proceedings for the violation of any city ordinance. The municipal judge shall have power and authority: to issue and cause to be served any and all writs, warrants and processes necessary for the prevention and punishment of violations of city ordinances and laws; to take bail for the appearances of an accused person, and if such person fails to appear to dec.laxt- such bond or security forfeited; to require the attendance of witnesses; to administer oaths, take affidavits, and inquire into the truth or falsity of all charges preferred; to decide from the evidence adduced at the trial, on the guilt or innocence of the accused; fix and impose such penalties by sentences as are provided by city ordinances; and to excercise all powers incidental to the enforcement of city ordinances. The municipal court shall have power to: try persons charged with a violation of a city ordinance within the corporate limits of the City, although arrested at a place in Broward County by a police officer in fresh pursuit outside the City limits; to preserve order and decorum, and to punish offenders by contempt proceedings and fine and imprisonment to the extent authorized to be exercised by criminal courts within the state. The municipal court;-. shall have concurrent jurisdiction with the juvenile court of Broward"" County over traffic violations committed by juveniles in the City, c:,jF Section 9.03 - Search Warrants. The municipal judge shall have power to issue search ilR warrants to search for: stolen or embessled property; articles, implements, paraphernalia and appliances used in connection with r, , bolita, lottery, gambling, gaming, narcotics or drugs; and evidence [� of the unlawful sale and manufacture of intoxicating liquors, or of violation of City laws or ordinances, under the following circumstances: -21- Section 9.03 - Search Warrants (continued) A. A search warrant shall be issued only upon probable cause supported by affidavit, naming or describing the person, place or thing to be searched and particular- ly describing the property or thing to be seized; no search warrant shall be issued in blank. B. The municipal judge, if satisfied that probable cause exists shall issue a search warrant signed by him, directed to the Chief of Police, commanding him, or any other qualified officer designated by him, forthwith to search the property described or the person named in the warrant, for the property specified, and to bring the same before the municipal court. All such warrants shall be returned within ten (10) days after issuance. C. The officer shall serve and execute a search warrant in the manner provided by law. D. A search warrant may, if expressly so authorized in such warrant by the judge, be served at any time and on any day as the exigencies of the occasion may require. F. All search warrants shall be issued in duplicate. The duplicate shall be delivered to the officer with the original warrant, and when the officer serves the warrant he shall deliver a copy to the person named in the warrant, or in his absence to some person in charge of or an adult living on the premises. When property is taken under the warrant the officer shall deliver to such person a written inventory of the property mentioned in the warrant and an inventory of the property taken and receipt for same, specifying the same in detail, and if no person is found in possession of the premises where such property is found, he shall leave the said receipt on the premises. F. Upon the return of the warrant the officer shall attach thereto a true inventory of the property taken under the warrant, and at the foot of the inventory shall verify the same by affidavit taken before an officer authorized to administer oaths, or before the issuing officer. G. If the judge determines that the property or papers taken are not those described in the warrant, or that the warrant was invalid the judge may order a return of the property. If the property or papers were legally taken under a search warrant, the same shall be impound- ed for use as evidence at any trial in said municipal court growing out of the possession of said property. H. Whoever shall maliciously and without probable cause procure a search warrant to be issued and executed or who shall knowingly and willfully obstruct, resist or oppose any officer or person aiding such officer, in serving or attempting to serve or execute any search warrant, or shall assault any officer, or his deputy or assistant, knowing him to be such officer or person so authorized, shall be fined not more than five hundrec1`';.'.. ($500.00) dollars, or imprisoned for not more than ninety (90) days, or both. �a -22- LI 1 Section 9.04 - Forfeiture of Monev. etc. The municipal judge is authorized to adjudicate a for- feiture to the City of all sums of money, implements, weapons, liquor or drugs illegally possessed, devices or apparatus, taken by police officers and used in evidence against any defendant or defendants found guilty of any violation of any City ordinance. Section 9.05 - Clerk of Court. There shall be a clerk of court and one or more assistant clerks of court as needed, each of whom shall be a City employee designated by the City Manager. The Clerk of Court or an assistant shall: attend all terms of the court; keep a record of all trials and proceedings therein; issue process in the name of the judge to compel the attendance of witnesses; take the affidavit of any person charging a violation; and issue warrants of arrest upon such affidavit in the name of the judge and under the City Seal, except that the Clerk shall not issue search warrants. The Clerk shall keep a docket and accurate record of all proceedings and cases tried in such court; the nature of the offense charged; and the finding and judgment of the Court, together with a record of all fines and penalties imposed. Upon the adjournment of court, he shall prepare and issue a detailed commitment containing the names and accurate description of convicted prisoners whose fines are not paid, judgment and sentence of the court, date of sentence, and all other necessary information. The commitment shall be certified b17 the Clerk, and delivered to the Chief of Police in duplicate. The Chief of Police shall sign and return the duplicate to the Cle:•k. Section 9.06 - Powers of Police Officers. All processes, warrants, and other papers, issued by the municipal court or judge, shall be served by any qualified police officer; and it is hereby made the duty of the members of the City Police Department to serve all processes issued out of the municipal court or judge, and to make proper returns to the court in the manner required of sheriffs in the execution of similar processes. Police Officers shall have the power to make arrests without a warrant in accordance with state law. Section 9.07 - Docketing Cases. The placing upon the official docket of the municipal court of a charge of violation of the City ordinances shall be sufficient to cause a person to be tried in such a court, without any affidavit being made as to the offense warrant issued. Defendants against City ordinances may be tried upon the warrants issued upon the affidavit of the person making the complaint, before the Judge or Clerk of said court, which affidavit shall state the time the offense was committed the name of the person charged, and the nature of the offense. The affidavit and warrant shall be filed as a part of the record of the case. After the arrest of the person under such affidavit and warrant, the formal charge shall be docketed upon the official court docket. Minor traffic violations may be tried upon blotter charges. dIXII 11 Section 9.08 - Confinement of persons arrested. All persons arrested for the violation of law committed within the City corporate limits or upon City property outside its corporate City limits, shall be immediately confined in the City jail, or other safekeeping place, including the Broward County Jail, to remain there until a hearing has been had before the municipal court, unless sucli person or persons shall, give sufficient bond, or proper security in which event such person may be released for appearance at such hearing. Section 9.09 - Bond or Other Securitv for ADvearance Generall The municipal Judge, Chief of Police, the Court Clerk or an assistant clerk, or the designated officer in charge, shall have the authority to demand from persons arrested a bond, or other security for appearance before the court, if he shall be satisfied that there is an apparent or probable violation of a City ordinance, but no bond or security shall be for more than one thousand ($1,000.00) dollars. Persons arrested may deposit cash bond or surety bond, or give bond with two acceptable sureties, who are City residents and who shall each be worth the amount of the bond excluding constitution- al exemptions, which bond shall be approved by the Judge, Chief of Police or Clerk. The condition of the bond shall be for the appear- ance of the accused before the court, and until discharged by law, to stand to and abide the result of trial. Section 9.10 - Cash Bond. All money received as cash bonds under the provisions of this section shall be paid to the City when forfeited. When a cash bond is returned to the person posting the bond, the Clerk is authorized to sign the check when authorized to do so by the municipal judge. Section 9.11 -- Forfeited Bonds. Whenever any bond other than cash bond is taken for the appearance before the municipal court of any person charged with the violation of any City ordinance or law, and such person fails to appear in said court as conditioned in the bond, the judge shall cause the sureties on said bond to be called upon to produce the person for whose appearance they have given bond. Cash bond shall be forfeited upon the failure of the defendant to appear in court at the time specified, and a record of such action shall be entered. Whenever any bond other than cash bond has been taken for the appear- ance of any person, charged with the violation of City laws or ordinances and such bond has been forfeited for failure of such person to appear, the City may enforce the collection of said bond in the same manner as other contractual obligations, in any court of competent jurisdiction. ,The forfeiture and collection of such bond shall not operate to discharge or release the defendant of the offense, and the judge may in his discretion issue warrant for the arrest of the defendant.: Section 9.12 - Procedure and Trial. At the trial of any person, firm or corporation before the municipal court, the accused shall be arraigned and allowed to plead+ to the charge. If the accused refuses to plead, a plea of not guilty shall be entered for him and the trial shall proceed. The trial shall be without jury, and upon conviction of such person, the judge of said court shall impose upon him such penalty as may be provided by law. The accused may be represented by counsel and shall have process to compel attendance of witnesses. Upon the convening of court, the trill of all persons charged shall proceed in regular order, unless a continuance is granted or order of trial changed by the Judge for good cause shown. IMM Section 9.13 _ Disposition of Money Collected As Fines. All fines, penalties and fees collected in the municipal court and by the police shall be part of the City revenue, and shall be paid to the City as collected and receipt taken therefor. The monies so paid Section 9.14 - to the City shall become a part of Reports of Arrests. its general funds. The Chief of Police, Police Officers, and other persons in charge of the desk and jailhouse, shall report to the Court Clerk or the assistant all arrests and committals that have been made since the last session of Court, the names of the accused, the offenses charged, the names of the witnesses, and the bonds or other securities of those released; and such Clerk or assistaat shall docket such offenses upon the official docket. Section 9.15 - Judgment „of Court. The judgment of the court shall be announced after the trial has been completed, or the court may reserve judgment for a period not exceeding fourteen (14) days. Judgments, when rendered, shall be announced by the Judge and proper record thereof shall be made by the judge on the official docket. Section 9.16 - Appeals. Any person convicted in said municipal court of any offense shall have the right of appeal to the proper appellate court within whose jurisdiction the City lies, as such appellate jurisdiction shall be established by the constitution and applicable laws of the State of Florida. SECTION 10: That Article X - CITY CLERK - shall read as follows: ARTICLE X CITY CLERK Section 10.01 -App(Lintment and Compensation. The City Clerk shall be appointed by the Manager with the consent of the council and compensation fixed by the Council. Section 10.02 - 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 Council meetings as provided by law; shall attend all Council meetings; shall keep minutes of its proceedings, the correctness of which shall be approved by the Council 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 Council or the City Manager. Section 10.03 - Suspension or Removal. The City Clerk may be suspended or removed by the Manager with the consent of the Council. However, upon demand by the City Clerk, the Council shall hold a public hearing prior to suspension or dismissal. -25- SECTION 11: That Article XI - City Attorney shall read as follows: ARTICLE XI CITY ATTORNEY Section 11.01 There shall be an office of City Attorney. The Council shall appoint a City Attorney and such assis- tant City Attorneys, as may be necessary, who shall serve at the pleasure of, and at such compensation as shall be determined by, the Council. 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 represen- tation as may be required by this Charter or by the Council. The said attorneys shall be duly licensed to practice law in the State of Florida. They shall not legally represent nor serve any interest or client other than the City. The City may retain special consul- ting or temporary City Attorneys who may concurrently have other clients. SECTION 12: That Article X11 - Miscellaneous Provisions - shall read as follows: ARTICLE X11 MISCELLANIOUS PROVISIONS Section 12.01 - 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. Section 12.02 - Retirement or Pension Plan. The Council shall, when it proposes to adopt a retirement or pension plan for City employees, publish in one 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 inspecion by the public, and the time and place, not less than two (2) weeks after such publication, for a public hearing on the plan. Section 12.03 - 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 Council 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, C'_;c to employ an attorney at City expense, to subpoena witnesses and to be heard and confronted by his accusers. -26- Section 12.04 - Conflict of Interest. The Council, in conformity with existing law shall by ordinance, establish regulations to prohibit conflict of interest. Section 12.05 - Provisions of State Law Applicable to City Planni and Zoning. The Florida Statutes relating to planning and zoning are considered applicable to the City and the procedures therein set forth shall be utilized by said City. Except that, the Council shall not delegate to any zoning commission final approval on zoning and planning matters but, on the contrary, the Council shall be the final authority. Section 12.06 - Residential Growth Control. The City Council shall have the power and the duty to adopt such fair and equitable controls over the rate and amount of residential construction permitted, either by means of zoning provisions, density limitations, and/or a permit system, to insure that the rate of growth of residential population does not exceed the City's ability to furnish the necessary facilities and services to accommodate said population, or that the total amount of resi- dential population, does not exceed the natural resources available in the area to support said residential population. Section 12.07 - Recreational Land Use Referendums. Lands zoned for recreational uses may not be rezoned for other purposes until such zoning change has been submitted to the qualified electors within the City by referendum held for the purpose of approving such zoning change. Referendums held pursuant to this section shall be held at any general or special election. Section 12.0.8_^_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 ninety (90) days after the alleged injury to the Council or the City Manager by such injured person, his agent, or attorney, with such reasonable specifications as to time, place and witnesses as would enable the proper City officials to investigate the matter, and provided however that the said complainant also complies with all requirements of law. Section 12.09 - Signatures to Bonds, Checks, Contracts, etc. All bonds and checks shall be signed by the Mayor and Manager. All contracts or other instruments to which the City is a party shall be executed by the Mayor and attested by the Manager, except where the execution of short term leases and instruments are delegated by ordinance or resolution to other officials. Section 12.10 - 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 law. The Council may not amend this Charter by ordinance. ,-a� Section 12.11 - General Laws to ADDIv. . 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 -27- I 1 17 or the ordinances or resolutions hereafter enacted by the Council, shall be applicable to this City, provided, however, nothing contained in this Charter shall be construed as limiting the power of the Council to enact any ordinance or resolution not in conflict with the Constitutions of this State and of the United States, or with the express provisions of this Charter. son SECTION 13: That Article XIII - CORPORATE LIMITS - shall read as follows: ARTICLE XIII CORPORATE LIMITS Section 13.01 - Boundaries. The municipal boundaries of the City of Tamarac are hereby defined and specifically described as follows: BEGINNING at the Northeast corner of the Plat of TAMARAC LAKES, as recorded in Plat Book 58, Page 40, of the Public Records of Broward County, Florida, -being more par- ticularly described as the Northeast corner of the South One -Half (S1/2) of the Southwest One -Quarter (SWI/4) of Section 16, Township 49 South, Range 42 East, Bro- ward County, Florida; THENCE Southerly along the East line of the Southwest One -Quarter (SWI/4) of said Section 16, a distance of 1,016.92 Ft. to a point of intersection with the South right-of-way line of Prospect Field Road (State Road 582); THENCE N.77°39'11"W. along said South right-of-way line a distance of 1,353,68 Ft.; THENCE S.01°15'35"E. 51.44 Ft.; THENCE N.77039'11"W. to a point of intersection with the East line of Section 17, Township 49 South, Range 42 East, Broward County, Florida; THENCE Westerly and Northerly along the said right-of-way line to the South line of the North One -Half (NI/2) of the Northwest One -Quarter (NW1/4) of the Southeast One - Quarter (SE1/4) of said Section 17; THENCE Westerly along the said South line and along the South line of the North One - Half (N1/2) of the Northeast One -Quarter (NE1/4) of the Southwest One -Quarter (SWI/4) of said Section 17 to the East line of the Northwest One -Quarter (NW1/4) of the Southwest One -Quarter (SWI/4) of said Section 17; THENCE Southerly along the said East line to the South line of the said Northwest One -Quarter (NW1/4) of the Southwest One -Quarter (SWI/4) of Section 17; THENCE Westerly along the said South line and along the South line of the East One - Half (E1/2) of the Northeast One -Quarter (NE1/4) of the Southeast One -Quarter (SEl/4) of Section 18, Township 49 South, Range 42 East to the West .line of the said East One -Half (E1/2); THENCE Northerly along the said West line to the South right-of-way line of N.W:.'. 50th Street, being 555 feet South of and parallel with the North line of the South One -Half (Sl/2) of said Section 18; THENCE Westerly along the said South right-of-way line to a line 861.25 Ft. West of and parallel with the East line of the Southwest One -Quarter (SWI/4) of said Section 18; THENCE Southerly along the said parallel line to a line 1,011.04 Ft. South of and parallel with the North line of the said Southwest One -Quarter (SW1/4); THENCE Westerly along said parallel line to a point of intersection with a line 53.00 Ft. East of and parallel with the West line of said Section 18; THENCE Southerly along said parallel line to a . y g p point of intersection with the South line of said Section 18; Z7.) (�)F THENCE Westerly along the South line of said Section 18, and the Westerly prolonga- tion thereof, to a point of intersection with the West right-of-way line of State Road Number 7 (U.S. #441); rn THENCE Northerly along the said West .right-of-way line, said line being parallel T with and 100.00 Ft. West of the East line of Section 13, Township 49 South, Range f� 41 East, to the North line of Tract 16, Section 13, Township 49 South, Range 41 East, as shown on the Plat of FORT LAUDERDALE TRUCK FARMS, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida; _ P-9— THENCE Westerly along said North line to the Northwest corner of said Tract 16; THENCE Southerly along the West line of said Tract 16, to a point of intersection with the South line of said Section 13; THENCE Westerly along the South lines of Sections 13 and 14, Township 49 South, Range 41 East, to the Southwest corner of said Section 14; THENCE Northerly along the West line of said Section 14, to the Northwest corner thereof, said corner also being the Southeast corner of Section 10, Township 49 South, Range 41 East; THENCE Westerly along the South lines of Sections 10, 9, 8 and 7, Township 49 South, Range 41 East, to the Southwest corner of said Section 7; THENCE Northerly along the West lines of Sections 7 and 6, Township 49 South, Range 41 East, to a point of intersection with the South right-of-way line of Canal C-14 of the Central and Southern Florida Flood Control District; THENCE Easterly along said South right-of-way line, through portions of Section 6, Township 49 South, Range 41 East, and Sections 31, 32, 33 and 34, Township 48 South, Range 41 East, to a point of intersection with the West line of the East 2,257.00 Ft. of said Section 34; THENCE Southerly along said West line 554.00 Ft. to a point of intersection with the South line of said Section 34, said South line also being the North line of Section 3, Township 49 South, Range 41 East; THENCE Westerly along said North line of Section.3, to the Northeast corner of Tract 2, Section 3, as shown on said Plat of FORT LAUDERDALE TRUCK FARMS; THENCE Southerly along the East lines of Tracts 2, 7, 10, 15 and 18, Section 3 of the Plat of FORT LAUDERDALE TRUCK FARMS, to a point of intersection with the North line of Section 10, as shown on said Plat of FORT LAUDERDALE TRUCK FARMS; THENCE Westerly along the North line of said Section 10, to the Northwest corner of Tract 2, Section 10, as shown on said Plat of FORT LAUDERDALE TRUCK FARMS; THENCE Southerly along the West lines of Tracts 2 and 7, Section 10, to the Southwest corner of said Tract 7, Section 10; THENCE Easterly along the South line of said Tract 7, Section 10, to the South- east corner thereof, said corner also being the Northwest corner of Tract 9, Section 10; THENCE Southerly along the West line of said Tract 9, Section 10, to the South- west corner thereof; THENCE Easterly along the South line of said Tract 9, Section 10, and its East- erly prolongation to a point of intersection with the West line of Section ll, Township 49 South, Range 41 East, said point being on the centerline of a 50 Ft. road right-of-way as shown on said Plat of FORT LAUDERDALE TRUCK FARMS; THENCE Northerly along the West line of said Section 11, to a point of intersection with the Westerly prolongation of the North line of Tract 12, Section 11; THENCE Easterly along said North line of Tract 12, Section 11, to the Northeast corner thereof; THENCE Southerly along the East lines of Tracts 12 and 13 to a point of intersection with the North right-of-way line of N.W. 56th Street, said North right-of-way line being parallel with and 53.00 Ft. North of the South line of said Section 11; THENCE Easterly along said North right-of-way line to a point 421.50 Ft. East of ,:� the West lines of Tracts 15 and 10 of said Section 11; d� THENCE N.00°06102"W. 46.43 Ft. to a point of curvature of a tangent curve concave a� to the West; y LJ1 0 --- THENCE Northerly along the arc of said curve, to the left, having a central angle of 21°59'36" and a radius of 1,136.63 Ft. for an arc distance of 436.30 Ft. to a point of tangency; 'THENCE N.22°05'38"W. along a line tangent to the last described curve a distance of 458.54 Ft. to a point of curvature of a tangent curve concave to the East; THENCE Northerly along the arc of said curve, to the right, having a central angle of 30°00'00" and a radius of 897.03 Ft. for an arc distance of 469.68 Ft. to a point of tangency; THENCE N.07°54'22"E. along a line tangent to the last described curve a distance of 373.01 Ft. to a point of curvature of a tangent curve concave to the West; THENCE Northerly along the arc of said curve, to the left, having a central angle of 41°56'24" and a radius of 449.65 Ft. for an arc distance of 329.14 Ft. to a point of tangency; THENCE N.34002'02"W. along a line tangent to the last described curve a distance of 101.32 Ft. to a point of curvature of a tangent curve concave to the East; THENCE Northerly along the arc of said curve, to the right, having a central angle of 35°00'00" and a radius of 590.89 Ft. for an arc distance of 360.95 Ft, to a point of tangency; THENCE N.00057'58"E. along a line tangent to the last described curve a distance of 90.00 Ft. to a point on a line 40.00 Ft. South of and parallel with the North line of the South One -Half (S1/2) of said Section 11, said point being 65.07 Ft. West of the West line of Tract 10 of said Section 11; THENCE S.89002102"E., along the said parallel line a distance of 945.22 Ft. to the said line 880.00 Ft. East of and parallel with the West line of Tracts 10 and 15; THENCE S.00006'02"E. along the said parallel line a distance of 2,547.00 Ft. to the point of intersection with the North right-of-way line of N.W. 56th Street and said North right-of-way line being parallel with and 53.00 Ft. North of the South line of said Section 11; THENCE Easterly along said North right-of-way line and its Easterly prolongation to a point of intersection with the East line of said Section 11, said point also being on the West line of Section 12, Township 49 South, Range 41 East; THENCE Northerly along the West line of said Section 12, to the Northwest corner of Tract 12, Section 12, as shown on said Plat of FORT LAUDERDALE TRUCK FARMS; THENCE Easterly along the North lines of Tracts 12 and 11, Section 12, to the North- east corner of Tract 11, Section 12, said point also being the Northwest corner of Tract 10, Section 12, as shown on said Plat of FORT LAUDERDALE TRUCK FARMS; THENCE Southerly along the West line of said Tract 10, Section 12, to a point 163.76 Ft. North of the South line of said Tract 10, Section 12; THENCE East 165.83 Ft.; THENCE South 163.73 Ft. to a point of intersection with the South line of said Tract 10, Section 12, said line also being the North line of Tract 15, Section 12, as shown on said Plat of FORT LAUDERDALE TRUCK FARMS; C7 Tt THENCE Easterly along the North line of said Tract 15, Section 12, to the North- east corner thereof; THENCE Southerly along the East line of said Tract 15, Section 12, to the South- east corner thereof, said corner being on the South line of Section 12; n., , -31- THENCE Easterly along the South line of Section 12, to a point of intersection with the West right-of-way line of State Road #7 (U.S. ##441); THENCE Southerly along the said West right-of-way line to a point of intersection with the Westerly prolongation of the North line of the Southwest One -Quarter (SWI/4) of Section 18, Township 49 South, Range 42 East; THENCE Easterly along the said Westerly prolongation and the North•line of the said Southwest One -Quarter (SWI/4) to a point 861.25 Ft. West of the East boundary of the Southwest One -Quarter (SWI/4) of said Section 18; THENCE Southerly parallel with and 861.25 Ft. West of the said East line to a point on the North right-of-way line of N.W. 50th Street; THENCE Easterly along the said North right-of-way line parallel with and 455.00 Ft. South of the North line of the South One -Half (S1/2) of Section 18, to the East line of said Section 18; THENCE continue along the said North right-of-way line of N.W. 50th Street, 3432 Ft. more or less to a point on the East line of the Southwest One -Quarter (SWI/4) of the Southwest One -Quarter (SWI/4) of the Northeast One -Quarter (NE1/4) of Section 17, Township 49 South, Range 42 East, said point being further described as being 60.00 Ft. North of the South line of the North One -Half (NI/2) of said Section 17; THENCE Northerly to the Southeast corner of the North One -Half (NI/2) of the North One -Half (N1/2) of the Southwest One -Quarter (SWI/4) of the Southwest One -Quarter (SWI/4) of the Northeast One -Quarter (NEI/4) of said Section 17; THENCE Westerly to the Southwest corner of the North One -Half (NI/2) of the North One -Half (NJ/2) of the Southeast One -Quarter (SE1/4) of the Southeast One -Quarter (SE1/4) of the Northwest One -Quarter (NWl/4) of said Section 17; THENCE Northerly to the Northwest corner of the Southeast One -Quarter (SEl/4) of the Southeast One -Quarter (SEI/4) of the Northwest One -Quarter (NWl/4) of said Section 17; THENCE Westerly to the Southwest corner of the Northwest One -Quarter (NW1/4) of the Southeast One -Quarter (SE1/4) of the. Northwest One -Quarter (NWl/4) of said Section 17; THENCE Northerly to the Northwest corner of the Southeast One -Quarter (SE1/4) of the Northwest One -Quarter (NWl/4) of said Section 17; THENCE Easterly to the Southwest corner of the Southeast One -Quarter (SE1/4) of the Northeast One -Quarter (NEl/4) of the Northwest One -Quarter (NW1/4) of said Section 17; THENCE Northerly to the Northwest corner of the Southeast One -Quarter (SE1/4) of the Northeast One -Quarter (NE1/4) of the Northwest One -Quarter (NW1/4) of said Section 17; THENCE Easterly to the Northeast corner of the Southwest One -Quarter (SWI/4) of the Northeast One -Quarter (NEl/4) of the Northeast One -Quarter (NE1/4) of said Section 17; THENCE Northerly to the Northwest corner of the Southwest One -Quarter (SWI/4) of the Northeast One -Quarter (NEl/4) of the Northeast One -Quarter (NEl/4) of the North- east One -Quarter (NE1/4) of said Section 17; THENCE Easterly to the Northeast corner of the Southwest One -Quarter (SWI/4) of the Northeast One -Quarter (NE1/4) of the Northeast One -Quarter (NEl/4) of the Northeast l One -Quarter (NE1/4) of said Section 17; '�� THENCE Southerly to the Southeast corner of the West One -Half (W1/2) of the South- east One -Quarter (SE1/4) of the Northeast One -Quarter (NE1/4) of the Northeast One - Quarter (NE1/4) of said Section 17; THENCE Westerly along the South line of the Northeast One -Quarter (NE1/4) of the Northeast One -Quarter '(NEl/4), to a point 50.00 Ft. East of the West line of the Southeast One --Quarter (SEl/4) of the Northeast One -Quarter (NE1/4) of said Section 17; THENCE Southerly along a line 50.00 Ft. East of and parallel with the West line of the Southeast One -Quarter (SE1/4) of the Northeast One -Quarter (NE1/4), said line being the East right-of-way line of Prospect Field Road, to a point of intersection with the North line of the South One -Half (S1/2) of the Northwest One -Quarter (NW1/4) of the Southeast One -Quarter (SEl/4) of the Northeast One -Quarter (NE1/4) of said Section 17; THENCE Easterly to the Northeast corner of the South One -Half (S1/2) of the North- west One -Quarter (NW1/4) of the Southeast One -Quarter (SE1/4) of the Northeast One - Quarter (NE1/4) of said Section 17; THENCE Southerly to the Southeast corner of the North One -Half (N1/2) of the South- west One -Quarter (SW1/4) of the Southeast One -Quarter (SE1/4) of the Northeast One - Quarter (NE1/4) of said Section 17; THENCE Westerly on the South line of the North One -Half (N1/2) of the Southwest One -Quarter (SW1/4) of the Southeast One -Quarter (SE1/4) of the Northeast One - Quarter (NE1/4) to a.point 50.00 Ft. East of the West line of the Southeast One - Quarter (SEl/4) of the Northeast One -Quarter (NE1/4) of said Section 17, said point being on the East right-of-way line of Prospect Field Road; THENCE Southerly and Easterly along said right-of-way line to a point of intersection with the North line of the South One -Half (Sl/2) of the Southeast One -Quarter (SE1/4) of said Section 17;. THENCE Easterly to the Northeast corner of the South One -Half (S1/2) of the Southeast One -Quarter (SE1/4), said point also being the Northwest corner of the South One -Half (Sl/2) of the Southwest One -Quarter (SWl/4) of Section 16, Township 49 South, Range 42 East; THENCE continuing Easterly to the Northeast corner of the South One -Half (S1/2) of the Southwest One -Quarter (SW1/4) of Section 16, Township 49 South, Range 42 East, to the POINT OF BEGINNING. LESS a portion of the above described lands more particularly described as follows: COMMENCING at the Northwest corner of Section 13, Township 49 South, Range 41 East; THENCE S.00°13'00"E. along the West line of said Section 13, 1,254.47 Ft. to the POINT OF BEGINNING of this description; THENCE Easterly on an included angle of 90 degrees, a distance of 375.0 Ft.; THENCE Southerly on an included angle of 90 degrees, 165.0 Ft.; THENCE Westerly on an included angle of 90 degrees, 375.0 Ft. to a point on the West line of said Section 13; THENCE Northerly along the said West line of said Section 13, on an included angle of 90 degrees, 165.0 Ft. to the POINT OF BEGINNING. Said lands situate within Broward County, Florida ;1•_3 -3"- tV n 00 Section 13.02 - Annexation. The corporate limits of the City may be extended so as to include adjacent territory not then within such corporate limits by ordinance passed by the Council and submitted to a separate vote of the registered electors of the City and of said territory, unless a referendum is otherwise prohibited by general law. Such election shall be called and conducted and the expenses thereof paid by the City, and the said territory shall not be annexed unless such annexation is approved by a majority of the registered electors voting on the question of annexation of each parcel in such election in said territory and the City. The Council may only propose for annexation such lands as are contiguous to the existing territorial limits of the City. SECTION 14: That Article XIV - TRANSITION SCHEDULE - shall read as follows: ARTICLE XIV TRANSITION SCHEDULE Section 14.01 - Ordinances Preserved. All ordinances in effect upon adoption of this Charter, to the extent not inconsistent with it, shall remain in force until repealed or changed as provided herein. Section 14.02 - Rights �Of�Officers And Employees. Nothing in this Charter except as otherwise specifically provided shall affect or impair the rights or privileges of persons who are City officers or employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the duties thereof until their successors are elected. Section 14.03 - Pending Matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the City shall continue except as modified pursuant to the provisions of this Charter. Section 14.04 - Referendum for Approval of Charter. This Charter shall not become effective until submitted to the qualified electors of the City by referendum held for the purpose of approving this Charter. Said referendum shall be held on March 9, 1976. Should a majority of the Electors voting on the question of approving the Charter of the City in said election vote in favor of adopting this Charter, then this Charter shall become effective at noon on March 15, 1976. Should the majority of the electors voting on this question in said election vote to reject the adoption of this Charter, then this Charter shall not be adopted. This referendum shall be held in accordance with the law. Section 14,05 - Transition Ordinances. The Council shall adopt ordinances and resolutions required to effect the transition. Ordinances adopted within sixty (60) days of the first Council meeting under this Charter for the purpose of =",= -34- r�� �nir'°Ok f"w'1 w�' I facilitating the transition may be passed as emergency ordinances following the procedures in Section 4.06 except that transition ordinances shall be effective for up to ninety (90) days after enactment. Thereafter such ordinances may be readopted, renewed or otherwise continued only in the manner prescribed for normal ordinances by law. Section 14.06 - Deletion of Obsolete Schedule Items. The Council shall have power by resolution, to delete from this article any section, including this one, when all events to which the section to be deleted is or could become applicable have occurred. Section 14.07 - Referendum and Ballot. The form of the ballot shall conform to the following requirements: with respect to the adoption of the proposed Charter the questions shall be submitted: "Shall the following Charter be adopted by the City of Tamarac?" Immediately following this question there shall be printed on the ballots the following: "For the adoption of the Charter " "Against the adoption of the Charter " Section 14.08 - 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. SECTION 15: That the Election Board is hereby directed to place the proposed revised Charter, set forth immediately above, on the ballot pertaining to the general election to be held on the 9th day of March, 1976. SECTION 16 All ordinances or parts of ordinances and all sections of the Tamarac City Code or parts thereof and all sections of the Tamarac City Charter or parts thereof in conflict herewith be and the same are hereby repealed. SECTION 17 upon its final passage. This ordinance becomes effective immediately -35- 1 7, PASSED FIRST READING this 12th day of Dec. , 1975. PASSED SECOND READING this 23rd day Of Dec. , 1975. PASSED THIRD READING this Sth day of Jan. , 1976. ATTEST: �' 0 � ...�... _L!I L, Via. I HEREBY CERTIFY that I have approved the form and correctness of this Ordinance. CITY ITORNEY RECORD OF COUNCIL VOTE: T 2nd- G R Mayor Johnson: Vice Mayor Glicksman: Councilwoman Massaro: Councilman Tucker: A' Councilman Falck: BROVIARO COUNTY, ri.t:;Rit�1 60UNl Y v1P4 ICTITfirT,TA