HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-004Vropose.d ttx: L/ r n I L_C_K)e r
This Ordinance Introduced By:
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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
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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 .
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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:
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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
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(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
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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
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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
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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.
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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
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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.
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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
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may call for an immediate meeting of the Council.
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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
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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.
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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.
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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.
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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-
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ments, offices and agencies,
subject to his direction and
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supervision.
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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
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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
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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.
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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
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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.
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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�
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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
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for suitable action. r��;
B. The Council may utilize excess funds for supplemental
appropriations or transfer such funds to the general
account.
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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.
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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.
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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.
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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.
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City Manager, shall
all expenses charged
require the approval
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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,
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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:
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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
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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.
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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.
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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 =",=
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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
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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
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Mayor Johnson:
Vice Mayor Glicksman:
Councilwoman Massaro:
Councilman Tucker: A'
Councilman Falck:
BROVIARO COUNTY, ri.t:;Rit�1
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