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HomeMy WebLinkAboutCity of Tamarac Resolution R-92-147Temp. Reso. # 6355 Revised 9/9/92 CITY OF TAMARAC, FLORIDA RESOLUTION NO. R-92- _I!A" A RESOLUTION DECLARING THE RESULTS OF THE SEPTEMBER 1, 1992 SPECIAL ELECTION VOTING ON AMENDMENTS TO THE CITY CHARTER NO.1- 9/92 (SECTION 4.02), NO. 2-9/92 (SECTION 4.02), NO. 3-9/92 (SECTION 4.04); AND PROVIDING AN EFFECTIVE DATE. WHEREAS, a Special Election was held on September 1, 1992, wherein the electorate was asked to vote on amendments to the charter of the City of Tamarac; and WHEREAS, the County Canvassing Board has canvassed the results of the machine voting and absentee ballots and has certified such results to the City Clerk of the City of Tamarac; and WHEREAS, the City Clerk has reviewed the certification from the County Canvassing Board and has presented their findings to the City Council for a formal Certification and Declaration of the results. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: That the following is hereby certified and declared as the official results of the public vote at the Special Election of September 1, 1992; for the proposed Charter Amendments: AMENDMENT NO. 1-9/92: Term of office for Mayor and Councilmembers increased from two (2) to three (3) years Yes 4,346 No 3,994 AMENDMENT NO. 2-9/92: Mayor and Councilmembers serve without term limits Yes 1,365 No 6,884 Page 1 may Temp. Reso. #6355 Revised 9/9/92 AMENDMENT NO. 3-9/92: Expense Allowance paid in advance and returned to City if not used for expenses Yes 2,263 No 6,065 SECTION 2: That amendment to the Charter No.1-9/92, having received approval of a majority of the voters voting on these amendments, does become a part of the existing City Charter of the City of Tamarac, which was adopted at the Election held on March 9, 1976 and subsequently amended. SECTION 3: That amendments to the Charter No.2-9/92 and No.3--9/92, not having received approval of the majority of the voters voting on these amendments, do not become a part of the existing City Charter of the City of Tamarac, which was adopted at the Election held on March 9, 1976 and subsequently amended. SECTION 4: This Resolution shall become effective immediately upon adoption. PASSED, ADOPTED AND APPROVED this J Q "hday of _5eP"_b4-V 1992. ATTEST: CAROL A. EVANS CITY CLERK I HEREBY CERTIFY that I have approved the form and.correctness his Resolution. CH LL KRAFT CITY ATTORNEY Page 2 �-Tz.. — EMORTMITIN RECORD OF COUNCIL, VOTE MAYOR. UgLgDER,......,.,,,.�.._ DISTRICT 1: A DISTRICT 2: _M.S_QJQM-ANtJ DISTRICT 3: HR i R DISTRICT 4: C/M ARRAMnwIT7 ! CITY OF TAMARAC SPECIAL ELECTION BROWARD COUNTY, FLORIDA SEPTEMBER 1, 1992 CERTIFICATE OF COUNTY CANVASSING BOARD We, the undersigned, KATHLEEN KEARNEY , County Judge, JANE CARROLL , Supervisor of Elections, and JOHN HART , County Commissioner, constituting the Board of County Canvassers in and for Broward County, Florida, do hereby certify that we met on the 1 st day of September,1992, and proceeded publicly to canvass the votes given for the issues herein specified at the CITY OF TAMARAC SPECIAL ELECTION held on the 1 st day of September,1992 as shown by the returns on file in the office of the Supervisor of Elections. We do hereby certify from said returns as follows: CHARTER AMENDMENTS ROPOSED CHARTER AMENDMENT NO 1-9 9 TERM OF OFFICE FOR MAYOR AND COUNCILMEMBERS INCREASED FROM TWO (2) TO THREE (3) YEARS Shall Section 4.02 of the Tamarac Charter be amended to provide that the length of term of office for mayor and councilmembers be increased to a three year term of office from current two year term of office? Councilmembers from Districts One and Three will run for three year terms beginning with 1993 municipal election. Mayor and cc ilmembers from Districts Two and Four will run for three year terms beginning with the 1994 municipal elffon. TOTAL BALLOTS CAST 8,340 VOTES YES 4,346 VOTES NO 3,994 VOTES PROPOSED CHARTER AMENDMENT NO. 2-9 92 MAYOR AND COUNCILMEMBERS MAY SERVE WITHOUT TERM LIMITS Shall Section 4.02 of the Tamarac Charter be amended to change the number of terms the mayor and councilmembers may serve by eliminating the current prohibition against the mayor and councilmembers succeeding themselves for more than one (1) term without an intervening term regardless of the district or seat they might hold and allowing the mayor and councilmembers to succeed themselves with no limitation as to the number of terms they may serve? TOTAL BALLOTS CAST 8,249 VOTES y 1,365 VOTES NO 6,884 VOTES it n .- / ;? -1T 7 'I ?ROPOSED CHARTER AMENDMENT NO. 3-9/92 EXPENSE ALLOWANCE PAID IN ADVANCE AND RETURNED TO CITY IF NOT USED FOR EXPENSES Shall Section 4.04 of the Tamarac Charter be amended so that mayor and councilmembers receive current ex ense allowances in advance; itemized vouchers explaining the expenses will be submitted to City Clerk at e f each calendar year; expense money that is not spent on expenses related to performance of city duties shall be returned to city at end of each calendar year? TOTAL BALLOTS CAST 8,328 VOTES YES 263 VOTES NO 6,065 VOTES LI BROWARD COUNTY CANVASSING BOARD A�A ",1 4. KA2-�o COUNTY COURT JUDGE uj.tel COUNTY COMMISS NER SUPERVISORL&F ELECTIONS r. 11 LJ PART I THE CHARTER' Preamble Art. I. Creation and Powers, 11.01 Art. II. City Map, 12.01 Art. M. City Seal, 13.01 Art. IV. Legislative, If 4.01-4.13 Art. V. City Manager, If 5.01-4.05 Art. V1. Qualifications and Elections, if 6.01-4.09 Art. VII. financial Procedures, II 7.01-7.19 Art. VUL Charter Board, If 8.01-.03 Art. EX. Reserved Art. X City Clerk, II 10.01-10.03 Art. ZL. City Attorney, 111.01 Art. X11. Miscellaneous Provisions, It 12.01-12.11 Art. SIII. Corporate Limits, II 13.01, 13.02 Art. %IV. Transition Schedule, If 14.01-14.08 PREAMBLE 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. 16MItor's note —The Charter is derived from Ord. No. 764. adopted Jan. 8, 1976, and approved at an election held Marcb 9. 2976. E=pt for minor stylistic changes made for the purpose of conformity with the Code of Ordinances, the test has been set out as enacted. Any editorial emendations made for the purpose of clarity have been included 'in brackets [ 1, Obviously misspelled wards have been corrected without comment. 0 C� 0 C041U,4t*1 ARTICLE L CREATION AND POWERS Sec. LAM [City created.] The City of Tamarac, whose Charter was adopted on May 19,1971, subsequently amended, and now super- seded by this Charter, shall hereby continue to be known as the City of Tamarac, a body politic and corporate, and shall continue to have all governmental, corporate and proprietary powers and duties granted or imposed by or not expressly prohibited by law to enable it to conduct a responsive and efficient municipal government, perform municipal functions and render municipal services. ARTICLE U. CITY MAP Sec. 2.01. [Prepared by city engineer; changes; sale to public.] The official city map shall be the one prepared by the city engineer and signed by him certifying that the map conforms to the city corporate boundaries. The city map shall be altered and certified by the city engineer within thirty (30) days after 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. ARTICLE III. CITY SEAL Sec 3.01. [Described.] The official seal of the City of Tamarac hereby established shallbear the legend "Cityof Tamarac, Broward County, Florida, (SEAL), Established 1963," and such identification symbols or logo as the Council may estab- lish. ARTICLE IV. LEGISLATIVE Sec 4.01. City council; powers and compos- ition. The city council, hereinafter referred to as the -coun- cil," 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. 3 § 4.03 Sec 4.02. City council; election, terms and qualifications. The Mayor and councilmembers shall be elected for a term of three (3) years in the manner provided for and in accordance with the qualifications set forth in article Vl. Councilmembeas from odd -numbered districts shall be elected at the municipal election held on Mauch 9,1993 and every three (3) years thereafter, and councilmembers from even -numbered districts and the mayor shall be elected at the municipal election held on March 8. 1994 and every three (3) years thereafter. Beginning with the 1985 municipal election and effective for all elections thereafter, councilmembers (including the mayor) who are elected to office shall not succeed themselves formore than one (1) term, without an intervening term, regardless of the district or seat they might hold; except that if otherwise qualified, the mayor or ex-mayar may run for council and a councilman or ea -councilman may run for mayor. (Ord. No. 83-53, $ 1, 12-22-83; Ord. No. 92-32, § 1, 6-24-92) Editor's mote —The provisions of Ord. No. 83-53 were approved at an election held Mar. 13,1984, and the provisions of Ord. No. 92-32 were approved at an election held SepL 1.1992. Sec. 4.03. Mayor and rice -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 repre- sent the city in all agreements with or certifications to othergovemmental entities; shall have only those admin- istrative 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 ca me lmembers shall elect a vine -mayor. The vice -mayor shall serve as acting mayor in the absence or disability of the mayor with all powers and duties of the mayor. In the eventof& vice -mayoral vacancy, a majority of the council shall elect a new vivo -mayor. (Ore- No. 79-8. § 1,1-15-79) Editor's note —The provisions of Ord. No. 79-8 were approved at an election held on Mar.13.1979. C� J ' 4.03 TAMARAC CHARTER sence or disability of the mayor with all powers and duties of the mayor. In the event of a vice - mayoral vacancy, a majority of the council shall elect a new vice -mayor. (Ord. No. 79-8, § 1, 1-15-79) Editor's note —The provisions of Ord. No. 79.8 were ap- proved at an election held on Mar. 13, 1979. Sec. 4.04. Compensation and expenses of mayor and council. The salary of the mayor shall be four hundred dollars ($400.00) per month, and the salary of the councilmembers shall be three hundred dollars ($300.00) per month. The mayor shall be entitled to receive his ac- tual and necessary expenses allowable by law, not to exceed three thousand dollars ($3,000.00) per year incurred in the performance of his duties as Wor upon delivery of an itemized voucher to the manager. Each councilmember (other than mayor) shall be entitled to receive his actual and necessary mrpenses allowable by law, not to exceed two thou- sand dollars ($2,000.00) per year incurred in the performance of his duties as councilmember upon delivery of an itemized voucher to the city man- ager. Expense limitations for the mayor and council shall be calculated per elected year. (Ord. No. 79-8, § 2, 1-15-79; Ord. No. 80-3, § 1, 1-3-80; Ord. No. 80-122, § 1, 12.24-80) Editor's note —The provisions of Ord. No. 79.8 were ap- proved at an election held on Mar. 13,1979; the provisions of Ord. No. 80.3 were approved at an election held Mar. 11,1980; and the provisions of Ord. No. 80.122 were approved at an election held Mar. 10, 1981. Sec. 4.05. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a coundlmember shall become vacant upon death, resignation, for- feiture, or removal from office in any manner au- thorized by law. W) Forfeiture of Office. A coundlmember shall forfeit his office if the member lacks, at any time during the term of office, any qualifications for the office as prescribed by this Charter or by law. Any councilmember who is absent from all reg- $upp. No. 5 4 �C_ 5 '2 -IV ular council meetings for any reason, over'a pe- riod of seventy-five (75) consecutive days shall for- feit his office. Any recess shall be included in the calculation of time provided in this section. (c) Filling of Vacancies. If any vacancy occurs except as a result of a recall, the remaining coun- cilmembers shall appoint a replacement to hold that office until the next general election. If the vacancy occurs by reason of recall, then it shall be filled as provided by law. However, in the event of a vacancy in the position of mayor, except as a result of a recall, a special election shall be held for the purpose of electing a mayor to rill the va- cancy for the office of mayor. Such a special elec- tion shall be conducted as soon as reasonably pos- sible in conformance with all applicable provisions of law. (d) Extraordinary Vacancies. In the event that three (3) or more members of the council are re- moved 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 replace- ments. (e) [Temporary Chairman.] In the absence of both the mayor and vice -mayor, a temporary chairman for any council meeting may be desig- nated by three (3) councilmembers. (Ord. No. 83-53, § 1, 12.22-83; Res. No. CBR-84.2, § 1, 1-11-85) Editor's note --The provisions of Ord. No. 83-53 were ap- proved at an election held Mar. 13, 1984. The amendment proposed by Charter Board Res. No. CBR-84.2 was approved at an election held Mar. 12, 1985, and was certified by Res. No. R-85.102, 11, adopted Mar. 19, 1985. Sec. 4.06. Procedures. (a) Meetings. The council shall meet regularly at least twice a month, except during a four - consecutive -week period to be determined by the city council no later than April 15 of each year 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 may call for an immediate meeting of the council. i r� U E I IF"; t402).1 (b) Rules and Journal. The council shall deter- mine 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 Supp. No. 5 4.1 § 4.06 0 CHARTER council will constitute a quorum. An gfi`irmative vote of three (3) members shall be necessary to enact any ordinance or adopt any resolution. (Ord. No. 87-5, § 1, 1-14-87) Editor's note —The amendment proposed by Ord. No. 87.5 was approved at an election held Mar. 10, 1987, and was cer- tified by Res. No. R-87.84, 11. adopted Mar. 17, 1987. Sec. 4.07. Ordinance and resolution. (a) Procedures for Adoption. The meaning of the terms ordinance and resolution, method of intro- duction, requirements as to reading same, form and manner of publication, procedures for emer- gency ordinance, the requirements of a quorum and number of affirmative votes, recording of the vote; and effective date shall be determined by and shall comply with the applicable provisions of the Municipal Home Rule Law of the State of Florida [Fla. Stats., ch. 1661. Notices which contain legal descriptions shall contain a street address or other descriptive ma- terial 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 adop- tion 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 public, and shall be made available for purchase at a reasonable price. Certified copies of any or- dinance may be received in evidence in all courts. Sec. 4.08. Boards and advisory groups. The council may create by ordinance adjust- ment, regulatory and advisory boards, develop- ment authorities, redevelopment authorities and agencies, specifying the duties and membership thereof. Members of these boards shall serve without compensation except for necessary ex- penses approved by the council. All such boards shall be part of the city government and shall 5 14.12 have utilize the services of the city manager, city clerk, and city attorney. When possible, each board and advisory group shall have at least one (1) member from each of the city's districts. Sec. 4.09. Board of social services. The council, by ordinance, shall create a board of social services to study and make suitable rec- ommendations to ensure the health, welfare and safety of the residents of this community with par- ticular emphasis on the special problems of the aging. Sec. 4.10. Public information committee. The council, by ordinance, shall create a public information committee consisting of at least three (3) members from the general public. The purpose of the committee is to improve com- munication between the government and resi- dents of Tamarac, and encourage citizen partici- pation in city affairs. (Amended election of 3-14-78; Ord. No. 84-69, § 1, 12-12-84) Editor's note —Ord. No. 84-69 was approved at an election held Mar. 12, 1985. The results were certified by Res. No. R-85-102, 11, adopted Mar. 19, 1985. Code reference --Public information committee, § 2.7. Sec. 4.11. Consumer affairs committee. The council, by ordinance, shall create a con- sumer affairs committee for the purpose of pro- tecting consumers in purchases of residences, goods and services. They shall propose ordinances to the council designed to protect consumers, co- operate with other similar governmental bodies, and perform such other duties as prescribed by council. Sec. 4.12. Investment advisory committee. The council, by ordinance, shall create an in- vestment advisory committee consisting of at least five (6) members from the general public. The purpose of the committee is to recommend, counsel and advise the appropriate city officials in all matters of financial investments as pro- vided by state laws, ordinances, resolutions and Charter of the City of Tamarac. (Res. No. CBR-86-6, § 1, 1-17-86) Editor's note —The provisions of CBR-86-6 were approved at an election held Mar. 11, 1986. Code references —Investment of city funds, 1 6.26; city council investment decisions, 1 6.27. it 14.13 Sec. 4.13. Code enforcement board. TAMARAC CHARTER The council, by ordinance, shall create and ap- point a seven -member code enforcement board within ninety (90) days of the passage of this amendment by the electorate. The organization powers and function of this board shall be in com- pliance and coextensive with state law. (Res. No. CBR-86-8, § 1, 1-17-86) Editor's note —The provisions of CBR4" were approved at an election held Mar. 11, 1986. Code reference --Code enforcement board, 1 2.71 at seq. State law reference —Code enforcement board, F.S. Ch. 162. ARTICLE V. CITY MANAGER Sec. 5.01. General responsibility. The city manager shall be the chief administra- tive officer and shall be responsible to the council for the administration of all city affairs placed in his charge by or under this Charter. Sec. 5.02. Appointment; removal; compensa- tion. (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 sus- pend or remove the manager by a majority vote of all the councilmembers. Upon demand by the man- ager a public hearing shall be held prior to sus• pension or removal. (c) Compensation. The compensation of the man• ager shall be fixed by the council. Sec. 5.03. Acting city manager. The manager shall designate, subject to ap- proval of the council, a qualified city administra- tive 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 duties. 6 Sec. 5.04. Powers and duties of the city man- ager. (a) Appointment of Department Heads and As- sistant City Manager. He shall appoint and super- vise the heads of all departments and assistant city manager, if required, subject to the approval of the majority of the council. The manager, sub- ject to the approval of the council, shall appoint, suspend, remove or demote the chief building of- ficial. In circumstances which the council deems appropriate, it may directly appoint, suspend, re- move or demote the said official. (b) Direction and Supervision of Departments, Offices and Agencies. He shall direct and super- vise the administration of all departments, in- cluding the building department, offices and agen- cies of the city, except as otherwise provided by this Charter or by law. (c) Suspension andlor Removal of Department Heads and Administrators. He shall suspend or remove any employee or appointive administra- tive 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 exer- cise such powers vested in that officer. (d) Execution ofDuties. He shall ensure that all laws, provisions of this Charter and acts of the council, subject to enforcement by him or by of. ficers 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 or- dinances, resolutions and directions of the council. (f) Collection of Revenues and Maintenance of Records. He shall collect all city revenues [and] keep proper records of all monies received by the city. (g) Purchasing Powers. He shall purchase sup- plies and services, capital equipment, noncapital equipment and contract for repairs and improve- ments for the various departments, and contract for the construction of public improvements. LI 0 r•4:"50? (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 Wicer or department head handling public funds upon death, resignation, removal or expiration of term of office. 0) Independent Audits. He shall cooperate with independent auditors retained by the city, in- cluding the right of such auditors to perform sur- prise audits whenever so ordered by council. (i) Administration of Oaths. He shall admin- ister any oath required by law, resolution, or or- dinance, and perform all other duties as may be specked by law, this Charter, ordinance, resolu- tion or act of council. (k) Attendance at Council Meetings. He shall attend all council meetings but may not vote; rec- ommend to the council for adoption such mea- sures as he may deem necessary or expedient in the best interest of the city; report to the council concerning the operations of departments, offices and agencies, subject to his direction and super- vision. (1) Administrative Departments, Divisions and Agencies. He shall exercise the administrative powers of the city through such departments, di- visions, and agencies as the council may, by ordi- r a-w-P, 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 (2) or more departments and/or divisions and/or agencies may be headed by the same individual. Sec. 5.05. Oath of office. Every officer and employee shall, before en• tering upon his or her duties, take and subscribe to a uniform oath or affirmation before the man- ager, to be kept on file in the office of the man- ager. 16.03 ARTICLE VI. QUALIFICATIONS AND ELECTIONS Sec. 6.01. Qualifications of electors. Any citizen of the United States who is a reg- istered elector in Broward County and who re- sides within the corporate limits shall qualify as an elector of the city. State law reference —Qualifications of municipal electors, F.S. 1 166.032, Sec. 6.02. Districts. The city is hereby divided into four (4) separate political districts, to be known as districts One, Two, Three and Four. One (1) councilmember and one (1) charter board member shall reside in each district. Electors of the city desiring to qualify and run for the office of councilmember or charter board member from a district must reside within the territorial boundaries of the appropriate dis- trict. (Ord. No. 81-65, $ 1, 12-28-81) Editor's note -.Ord. No. 81.65 was approved at an election of Mar. 9, 1982. Rea. No. R-82.78, 11, adopted Mar. 16, 1978, declared the results of the election. Sec. 6.03. Redistricting. Each year, within thirty (30) days after the day of the municipal election, the city clerk shall as- certain the current number of registered voters in each of the four (4) districts of the city as of the day of the election (from the Broward County Su- pervisor of Elections) and determine in a written report to the city council and the charter board if any of the districts contain less than twenty-two and one-half (22.50) percent or more than twenty- seven and one-half (27.50) percent of the total reg- istered voters in the city. If such is the case, then within forty-five (45) days after the election day a redistricting committee shall be appointed as a board for redistricting. The redistricting com- mittee shall consist of nine (9) public members who are Broward County registered voters and residents in the city. Four (4) public members shall be appointed by city council, (one (1) member from each district). Four (4) public members shall be appointed by the charter board, (one (1) member from each district). One (1) public member shall be appointed by the eight (8) previously appointed 1 6.03 TAMARAC CHARTER public members. The committee shall elect its own chairman. The redistricting process shall commence within two (2) weeks after the committee for redistricting has been appointed. The redistricting committee shall establish four (4) districts, each containing as close to one -quarter of the total registered voters as possible in a contiguous region without di- viding any precinct, residential rental or condo- minium development, or residential section. At least five (5) affirmative votes of the committee shall be needed to adopt a report. The report of the committee shall be final. It shall include a map and description of the dis- tricts determined and shall be delivered to a joint meeting of the city council and the charter board within one hundred eighty (180) days after the municipal election day. A copy of the redistricting report in effect shall be kept on file with the city clerk for inspection or purchase by the public. Members of the redistricting committee shall serve without compensation. The redistricting committee shall be discharged at the last regular city council meeting prior to the next municipal election day. (Ord. No. 80-3, § 1, 1-3-80; Ord. No. 83-53, § 1, 12-22-83) Editor's note —The provisions of Ord. No. 80-3 were ap- proved at an election held Mar. 11,1980, and the provisions of Ord. No. 83.53 were approved at an election held Mar. 13, 1984. Sec. 6.04. Elections. There shall be no primary elections for munic- ipal 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 declared elected. In the event of a tie vote between two (2) or more candidates, the city shall arrange with the Broward County Supervisor of Elections for a special runoff election to be held within thirty (30) days after the special or general election. Duly elected municipal officers shall take office within ten (10) days after election with the speck day to be decided by ordinance. 8 V �', V., I � 7 ,, Candidates for any office shall run citywide. State law reference —Uniform election dates in Broward County, haws of Fla. chs. 75450, 76.336, 77-507, 81.349. Sec. 6.05. General election law. All elections shall be conducted, except as oth- erwise specifically provided for in this Charter, under the rules for elections prescribed by the gen- eral election laws of the State of Florida. State law reference —Florida Election Code, F.S. chs. 97- 106. Sec. 6.06. Candidates. Any elector resident of the city may be a can- didate for the office of mayor and any elector res- ident 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 can- didate shall file a verified notice of candidacy in such form as may be required by municipal law with the city clerk, and pay such fee as may be required by municipal law. The qualifying period shall be as set forth by the laws of Florida. (Ord. No. 79-8, § 1, 1.15-79) Editor's note --The provisions of Ord. No. 79-8 were ap- proved at an election held on Mar. 13, 1979. State law reference —Qualifying period. Laws of Fla. ch. 77.507. Sec. 6.07. Arrangements for elections. The city clerk shall make all necessary arrange- ments with the appropriate county officials f-r holding all elections and referendums; shall state where and when said elections shall be held, name the offices to be filled, and if applicable, the issues to be decided, and shall publish the foregoing in- formation as provided by law. Any special elec- tion or referendum wherein the time is not other- wise set by law, shall be held within sixty (60) days of the date request is made on the city clerk to make suitable arrangements, or within sixty (60) days after any circumstance which makes such election necessary. Sec. 6.08. Returns and certificates of elec- tions. All municipal elections shall be canvassed by the Broward County Canvassing Board, which shall certify the results to the city clerk. Absentee • • 1 0 0 E CHARTER ballots will be canvassed as provided by state law. The city clerk shall certify the results of the elec- tion to the council within one (1) working day after receipt of certification by the Broward County Can- vassing Board. (Ord. No. 79.8, § 6, 1-15-79) Editor's note —The provisions of Ord. No. 79.8 were ap- proved at an election held on Mar. 13, 1979. State law reference —Canvassing of elections, Laws of Fla. ch. 76-350, § 8. Sec. 6.09. Initiative, referendum. (a) The power to propose amendments to any section of this Charter or to propose the repeal, amendment or enactment of any city ordinance by initiative is reserved to the people of this city. This power may be invoked by filing with the man- ager a petition containing a copy of the proposal signed by a number of electors equal to at least seven (7) percent of the total city electors at the time of the last general election. All city officers and departments shall cooperate with the county supervisor of elections, who shall determine the validity of said petition and who shall notify the 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 empow- ered 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 accordance with the petition and in conformity with the law pertaining to the holding of elec- tions. (c) On approval by a majority of the electors voting on said referendum, the proposal shall be- come 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 an- nual 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. Supp. No. 8 P�l § 7.03 (e) The council, within ninety (90) days after effective date of this Charter, shall provide by or- dinance, procedures relating to the form and re- quirements 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. ARTICLE VII. FINANCIAL PROCEDURES Sec. 7.01. Fiscal year. The fiscal year shall begin annually on the first day of October and shall end on the last day of September. State law reference --Fiscal year, F.S. § 166.241. Sec. 7.02. Submission of budget and mes- sage. The manager shall, on or before July 30 [thir- tieth] of each year, submit to the council a budget for the ensuing fiscal year, together with a mes- sage, which shall outline proposed financial poli- cies; describe important features of the budget; explain any major changes from the current year in financial policies, expenditures and revenues; summarize the city's current and overall finan- cial and debt position and include such other ma- terial as he deems desirable, and as the council or Charter may require. (Ord. No. 86-44, § 1, 7-22-86) Editor's note —The provisions of Ord. No. 86.44 were ap- proved at a general election held on November 4, 1986, Sec. 7,03. Form and content of budget and limitation on unappropriated sur- plus. The general fund budget shall be presented on an accrual basis for expenditures and on a modi- fied accrual basis for revenues, and shall provide a complete financial plan of all funds and activi- ties for the ensuing fiscal year, and shall contain such details and be in such form as may be re- quired by law and by the council. Also, it shall show comparative figures of expenditures and rev- enues for the current and past fiscal year detailed § 7.03 TAMARAC CODE to show the increase and decrease in dollars. The total of estimated expenditures shall not exceed the total of estimated revenue and appropriated fund balance. The city may maintain an unappropriated sur. plus of no more than ten (10) percent of its total proposed expenditures of the general fund budget. No more than five (5) percent of expenditures of the general fund budget may be included in the budget for contingencies that may not have been included or which may have been underestimated in the proposed expenditures. This figure does not include unappropriated surplus. The city shall adopt formal budgets for all other funds when it deems such budgeting to be consis- tent with generally accepted accounting princi- ples or when required by law. (Ord. No. 80.2, § 1, 1-3-80; Ord. No. 83-53, § 1, 12-22.83) Editor's note --The provisions of Ord. No. 80.2 were ap- proved at an election held Mar. 11, 1980, and the provisions of Ord. No. 83-53 were approved at an election held March 13, 1984. Sec. 7.04. Capital program. The City of Tamarac shall prepare and main- tain a capital program pursuant to Chapter 163, Florida Statutes, the "Local Government Compre- hensive Planning and Land Development Regu- lation Act." (Amended election of 3-14-78; Ord. No. 92.7, § 1, 1-16.92) Editor's note -The provisions of Ord. No. 92.7 were ap- proved at an election held on Mar. 10, 1992, and certified by Res. No. R-92-36, § 1, adopted Mar. 17, 1992. Sec. 7.05. Council action on budget. The City Council is hereby required to comply with State law in the preparation of and the adop- tion of the annual budget. Specifically, the Council is to follow all requirements set forth in Chapters 200, "Determination of millage," and 218, "Fi- nancial matters pertaining to political subdivisions." (Ord. No. 79.8, § 1, 1-15.79; Ord. No. 92.8, § 1, 1-16-92) Editor's note -The provisions of Ord. No. 7" were ap- proved at an election held on Mar. 13, 1979. The provisions of Ord. No. 92-8 were approved at an election held on Mar. 10, Supp. No. 8 10 ry It ►� _ 7 p/ 1992, and certified by Res. No. R-92.36, 11, adopted Mar. 17. 1992. State law reference -Procedures for adoption of budget and fixing millage, F.S. ch. 200. Sec. 7.06. Council action on capital program. The City of Tamarac shall prepare and main- tain a capital program pursuant to Chapter 163, Florida Statutes, the "Local Government Compre- hensive Planning and Land Development Regu- lation Act." (Ord. No. 92.9, § 1, 1-16-91) Editor's note -The provisions of Ord. No. 92-9 were ap- proved at an election held on Mar. 10, 1992, and certified by Res. No. R-92.36, § 1, adopted Mar. 17, 1992, declared the results of that election. Sec. 7.07. Public records. Copies of the budget and the capital program as adopted shall be public records, shall be in the custody of the city clerk, and shall be made avail- able to the public at a reasonable price and within two (2) weeks of adoption of the budget and/or approval of the capital program. Sec. 7.08. Deposit and investment of city funds. (a) City Depositories. The council shall, no less frequently than April of each year, designate banks or trust companies, in its discretion, as city depositories. The council shall establish rules and regulations governing the deposits, withdrawals of funds, security to be deposited by the deposi- tory and other safeguards for the deposited city funds. (b) Deposit of City Funds. All fees and monies collected and received by officers and employees shall on the date of receipt be given to any appro- priate city officer for deposit in the city deposito- ries. (c) Investment of City Funds. Any city funds on deposit not currently needed for public purposes, shall be invested in instruments or institutions as authorized by Florida Statutes. (Res. No. CBR-86-1, § 1, 1.17-86; Res. No. CBR- 86-2, § 1, 1-17-86; Ord. No. 86-45, § 1, 9-5-86) Editor's note -The provisions of CBR-86.1 and CBR-86-2 were approved at an election held March 11, 1986. The provi- • 11 • 0 CHARTER lions of Ord. No. 86-45 were approved at a general election held on November 4, 1986. Bee. 7.09. independent audit of city accounts. The council shall provide for an independent annual or more frequent audit of all city accounts and shall request the auditing firma to make rec- ommendations 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 competi- tive bids, designate such accountant or firm an- nually, or for a period not exceeding three (3) years. The council may also provide for a surprise audit by enactment of an emergency ordinance, as pro- vided 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. State law reference —Independent audit required, F.S. § 218.32. Sec. 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 for suitable action. (b) The council may utilize excess funds for sup- plemental appropriations or transfer such funds to the general account. (c) With regard to deficits, the council shall take action as empowered by law, including but not limited to reduction in staff and/or services, de- ferment or abandonment of capital projects, bor- rowing 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. Supp. No. 8 11 § 7.13 Sec. 7.11. Requirements for public bidding. All contracts for the purchase of capital equip- ment, and for improvement and construction con- tracts of any type, available from more than one (1) source, or which cannot be performed with city personnel which shall exceed the sum of ten thou- sand dollars ($10,000.00) shall be competitively bid. Published notice covering each such intended purchase or project shall appear in at least one (1) daily newspaper of general city circulation 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 notice shall be published no sooner than five (5) days after the initial notice publication. Each invitation for bid shall contain an accep- tance clause granting the city a minimum of thirty (30) days for bid acceptance, during which time the tendered bid shall remain valid. . ,(Ord. No. 81-61, § 1, 11-30-81; Ord. No. 90-28, § 1, 7-11-90) Editor's note —Ord. No. 81.61 was approved at an election held Mar. 9, 1982. Res. No. R-82.78, § 1, adopted Mar. 16, 1978, declared the results of the election. Ord. No. 90.28 was approved by the electorate Sept. 4, 1990. Sec. 7.12. Emergency expenditures. "Emergency" as used in this section shall refer to circumstances which shall require immediate action for the protection of the safety, health and welfare of the community or any segment thereof. The manager is authorized to determine if an emergency exists. If an emergency does exist, the manager shall authorize emergency expenditures. The manager shall endeavor to secure proposals for these supplies or services from at least two (2) separate sources and will report to the council concerning his efforts. The council, by ordinance, shall establish guide- lines and procedures for emergency purchases. (Ord. No. 83-53, § 1, 12-22-83) Editor's note —The provisions of Ord. No. 83.53 were ap- proved at an election held Mar. 13, 1984. Sec. 7.13. Requirements for referendum. In addition to complying with public bidding requirements, no capital facility or improvements § 7.13 TAMARAC CODE or contract for acquisitions or construction of such facility or improvements involving a cost to the city in excess of two and one-half (21/2) percent of the then current general fund and enterprise fund budgets, or requiring the borrowing of funds by the city, or the issuance of bonds to fund such capital facility or improvements shall be autho- rized 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. if the capital facility or im- provement or acquisition or construction is eli- gible for grant funding, then the two and one-half (21/2) percent limitation of this section shall only apply to the funds paid by the city (matching funds), not the entire project cost. The referendum requirement of this section shall not apply to capital projects within the water and sewer utility systems of the City. Nor shall it apply to expenditures mandated by federal or state governments. (Ord. No. 83-53, § 2, 12-22-83; Res. No. CBR-84-2, § 1, 1-11-85; Ord. No. 86-47, § 1, 9-5.86; Ord. No. 92-4, § 1, 1.16.92; Ord. No. 92-5, § 1, 1-16-92) Editor's note —The provisions of Ord. No. 83-53 were ap- proved at an election held March 13, 1984. The amendment proposed by Charter Board Rea. No. CBR 454-2 was approved at an election held March 12, 1985, and was certified by Res. No. R-85.102, § 1, adopted March 19, 1985. The provisions of Ord. No. 86-47 were approved at a general election held on No- vember 4, 1986, The provisions of Ord. No. 92.4 and Ord. No. 92.5 were approved at an election held on Mar. 10, 1992, and certified by Res. No. R.-92-36, 11, adopted Mar. 17, 1992, de- clared the results of that election. Sec. 7.14. Expenditure for professional ser- vices. Contracts for the service of professionals, in- cluding but not limited to architects, engineers, surveyors and attorneys, are to be entered into in accordance with Florida law. (Ord. No. 83-53, § 1, 12-22-83) Editor's note —The provisions of Ord. No. 83-53 were ap• proved at an election held Mar. 13, 1984. State law reference —Consultants' Competitive Negotia- tion Act, F.S. 1287.055. Sec. 7.15. Council action; public bidding. When public competitive bidding is required, the council shall award the contract to the lowest Supp. No. 8 12 fully responsive and responsible bidder, and con- tract 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. Sec. 7.16. Bonds and municipal borrowing. The city shall have full power and authority to issue municipal bonds or to borrow funds for mu- nicipal purposes to the extent authorized by and subject to the limitations provided in the Consti- tution of the State of Florida, the Municipal Home Rule Law, other statutes and this Charter; pro- vided further that bonds intended for the funding or refunding of an acquisition or construction of a capital project shall not be issued until such project and such issuance has been approved by a ma- jority of the qualified electors voting on the issue at a special or general election. State law reference —Authority for municipal borrowing, F.S. § 166.101 et seq. Sec. 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 millage or tax to raise funds needed • 11 E �J • n CHARTER 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 redemp- tion of said bonds; and to levy all further taxes which are authorized by law for municipal pur- poses. (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. State law references —Authority for municipal taxation, F.S. 1 166.20,1 et seq., # 205.01 et seq.; ad valorem taxation, F.S. ch.193 et seq.; foreclosure of municipal liens, F.S. ch.173. Sec. 7.18. Utilities and other special services. The city shall have the authority, unless the law specifies otherwise, to supply water, elec- tricity, and other sources of power, sewerage dis- posal, 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 enter- prises, the city may charge rates to be fixed by ordinance, at a higher level to the consumer than otherwise may be charged within the corporate limits of the city for a like type and class of ser- vice. The operational budgets for all such special services, if any, shall be presented outside of and apart from the figures comprising the regular budget of the city; and the city manager shall be fully responsible in ensuring that the expenses and revenues involved in the operation of such facilities shall not be commingled with any of the regular budget -approved expenses and revenues of the city. Sec. 7.19. Franchises. (a) Granting Franchises. The council may, by ordinance, except where referendum is required after public notice and public hearings, grant a nonexclusive franchise to any individual, com- pany, firm, or corporation to exercise public func- tions in the city and to construct and operate any Supp. No. 5 13 I t?' qc;2- --- l `f ? `I § 8.01 and all public utilities in the city and in, under, or over the streets and public places of the city, and to use such public property in connection there- with; but no franchise or renewal thereof shall be for a longer period than forty (40) years. All fran. chises or rights to extend the services of any public utility shall be subject to such terms and condi- tions 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 con- ditions as are required by law. No franchise, or renewals thereof, shall be leased, assigned or oth- erwise 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. ARTICLE VM- CHARTER BOARD Sec. 8.01. Terms and qualifications. {a) Membership. The charter board shall con- sist of five (5) members. Four (4) members shall reside in different districts, and one (1) member shall run at large. Charter board members from odd -numbered districts and the at -large member shall be elected in each odd -numbered year, and charter board members from even -numbered dis- tricts shall be elected in each even -numbered year. Beginning with the 1985 municipal election and effective for all elections thereafter, charter board § 8.01 TAMARAC CHARTER members who are elected to office shall not suc- ceed themselves for more than one (1) term, without an intervening term, regardless of the district or seat they might hold. (b) Chairman and Vice -Chairman. Each year, as soon as possible after new members have taken office, the board shall elect a chairman and a vice- chairman. (c) Extended Absence from Office. Any charter board member who is absent from three (3) con- secutive regular board meetings or five (5) out of seven (7) consecutive regular board meetings shall forfeit his office. Any absence excused by the chairman shall not be counted as an absence for the purpose of this section. The charter board shall declare a vacancy due to its member's absence. The vacancy shall be filled pursuant to the provi- sions of this Charter. (d) Filling of Vacancy. In the event of a va- cancy, the board shall elect a replacement from the district where the vacancy exists; however, if the at -large position is vacant, the replacement may be any elector resident of the city. A charter board member appointed to fill a vacancy shall serve for the remainder of the expiring term or until the next general election, whichever comes first. (e) Member Must be Elector. Any elector resi- dent of the city may be a candidate for and if elected may serve on the charter board only as long as he is an elector of the city. (f) Membership Districts. At the 1983 election, candidates from districts 1 and 3 and the at -large member shall be elected. At the 1984 election, candidates from districts 2 and 4 shall be elected. Charter board members elected in 1981 and 1982 shall be entitled to serve for the balance of their terms. (Ord. No. 80.82, § 1(2), 7.23.80; Ord. No. 81-65, § 1,12.28-81; Ord. No. 83.53, § 1,12.22.83; Ord. No. 88-25, § 1, 9.7.88) Editor's note• -Question 2 of 81 of Ord. No. 80-82, adopted July 23, 198o, was approved by the voters at an election held Nov. 4, 1980.Ord. No. 81-65 was approved at an election held on Mar. 9,1982. Res. No. R-82.78, # 1, adopted Mar. 16, 1978, declared the results of the election. The provisions of Ord No. 83.53 were approved at an election held on Mar. 13,1984. OrdL No. 88.25 was approved at an election held on Nov. 8, 1988, 5upp. No. 5 14 �.. ��R14 7 /; - and Res. No. R-88.312, ff 1, 2, adopted Nov. 11,1988, declared the results of that election. Sec. 8.02. Duties and powers. (a) The board shall have the power to investi- gate specific violations involving nonfeasance, mis- feasance and malfeasance such as fraud, dishon- esty, illegal personal gain at public expense, misappropriation of city funds, violations of con- flict of interest or other acts of public infidelity. In the course of pursuing such functions, board mem- bers may make initial inquiries of elected or ap- pointed officials of the city, and staff or emnlny-,-s concerning such acts, governance or administra- tion of the city so as to ascertain whether formal investigation may be recommended to or war- ranted by the board; and all such officers, staff or employees shall provide information to and coop- erate with board members making such inquiries. After report by a board member, if the board de- termines a formal investigation is warranted, the board shall so declare and may then proceed with such investigation, shall hold public hearings thereon, may administer oaths and affirmations, subpoena witnesses or other matter, and take tes- timony and other evidence in pursuance of such investigation. The board may further promulgate such rules and regulations governing such inves- tigatory procedures as are not inconsistent with this Charter. The results of such investigation may be filed as provided in section 8.03(a). (b) The board shall consider and propose amend- ments to the Charter. The board, by a vote of at least three (3) affirmative votes, shall have the right to submit such proposals to referendum at the next city-wide election. In order to be consid- ered, the board shall conduct a public hearing on the proposed Charter amendments; and such pro- posed Charter amendments shall be submitted in final form to the city clerk in sufficient time for • 11 0 11 U CHARTER inclusion of such proposed amendments on the ballot. Proposed Charter amendments may be sub- mitted to the voters in any election that is con- ducted by the supervisor of elections in which all voters in the city are eligible to vote. (c) The board may participate with the man- agei and assigned officials in preparation and re- view of the budget.. (d) The board shall participate in the redis- tricting of the city by providing such information and guidance as may be requested by the redis- tricting committee. (e) The board, upon request of the council., shall make special studies and investigations. ff)-d No. 83.53, $ 1, 12-22.83; Res. No. CBR-86-3, $ 1, 1-17.86; Res. No. CBR-86.4, § 1, 1.17-86) Editor's note —The provisions of Ord. No. 83-53 were ap- proved at an election held Mar. 13, 1984. The provisions of both CBR-86.3 and CBR-864 were approved at an election held Mar. 11, 1986. Sec. 8.03. Assistance, budget and reports. (a) All reports of the board's activities shall be filed with the council and the manager for appro• priate action. In the event that satisfactory re- sponses or corrective measures are not made within thirty (30) days, the charter board shall have the right to pursue such matter with the appropriate authorities, including, but not lim- ited to, the offices of the state's attorney, U.S. Attorney or Attorney General, and shall have the authority and judicial standing to seek declara- tnrL and injunctive relief in the courts for inter- ­fntinn and enforcement of the provisions of this %,:,a, bvr an,"' misappropriation of funds. (b) The board shall be entitled to use the ser- vices of the city attorney and his assistants, ac- countants, secretaries, and other city staff. When any of the following occurs: (1) Such service is not available; (2) The city attorney decides that a conflict of interest exists; or (3) Upon the of b-mative vote of three (3) or more members of the charter board, the charter board may appoint an attorney (counsel to the charter board) and such as- sistant attorneys as may be necessary, who Supp. No. 3 15 10.03 shall serve at the pleasure of, and at such compensation as may be determined by, the charter board. (c) The board, in cooperation with the city man. ager, shall develop its own operating budget; all expenses charged against the approved budget shall require the approval of the board. (d) The board shall be entitled to the use of the city hall facilities for its meetings and shall de- termine its own rules and order of business. (Res. No. CBR-84-1, $ 1, 8-17.84; Res. No. CBR- 84.4, $ 1, 1-11.85) Editor's note --The amendment to 8 8.03(b) proposed by Charter Board Res. No. CBR-84.1, adopted Aug.17,1984, was approved at an election held Nov. 6, 1984. Res. No. R-84.357, adopted Nov. 24, 2984, certified the results of the election. The amendment adding subsection (a) proposed by Charter Board Res. No. CBR-84.4 was approved at an election held Mar. 12, 1985, and was certified as Res. No. R-85.102,11, adopted Mar. 19, 1985. The provisions of CBR-86.5 were approved at an election held Mar. 11, 1986. ARTICLE X. CITY CLERK Sec. 10-01. Appointment and compensation. The city clerk shall be appointed by the man. ager with the consent of the council and compen- sation fixed by the council: Sec. 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 no- tice 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. Sec. 10.03. Suspension or removal. The city clerk may be suspended or removed by the manager with the consent of the council. How- *Mtor's note —Article M relating to the municipal judge and court, If 9.01-9.16, has been deleted as superseded by art. V, 1 20(d)(4) of the state constitution, which abolished municipal courts and trwnferred jurisdiction to the county judge's court. r 1 10.03 TAMAitAC CHARTER ever, upon demand by the city clerk, the council shall hold a public hearing prior to suspension or dismissal. ARTICLE XI. CITY ATTORNEY Sec. 11.01. (Office created; appointment; powers and duties.] There shall be an office of city attorney. The council shall appoint a city attorney and such assistant city attorneys, as may be neces- sary, who shall serve at the pleasure of, and at such compensation as shall be determined by, the council. They shall legally represent the munici- pality, its agencies, departments, officials and em- ployees and boards in all matters relating to offi- cial duties; and to that end they shall perform all such professional duties relating to legal repre- sentation 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. The terms and conditions of the service of the city's attorneys shall be in the best interests of the City of Tamarac. (Ord. No. 90.27, § 1, 7-11-90) Editor's note —The provisions of Ord. No. 90.27 were ap- proved by the electorate on Sept. 4, 1990. ARTICLE XII. BUSCELLANEOUS PROVISIONS Sec. 12.01. Personnel procedures. (a) All employees shall be appointed or pro- moted solely on the basis of their qualifications and fitness. (b) The manager shall ensure that all employees receive a personnel manual. Sec. 12.02. Retirement or pension plan. The council shall, when it proposes to adopt a retirement or pension plan for city employees, pub- lish in one (1) or more daily newspapers of general circulation in the city a general summary of the plan and together with an analysis of costs and future budgetary consequences; and a notice stating the time and places where copies of the Supp. No. 3 16 plan are available for inspection by the public, and the time and place, not less than two (2) weeks after suc',: publication, for a public hearing on the plan. The council shall establish and maintain a re- tirement plan for city employees. This is in rec- ognition of the need to provide for a retirement program for the benefit of city employees. The investments and administration of the plan shall conform with the city charter provisions re- garding investment of city funds, city ordinances, all requirements of federal and state laws and applicable rules and regulations thereunder. and will preserve and maintain the interest of the par. ticipants. (Res. No. CBR-86.7, $ 1, 1.17.86) Editor's note —The provisions of CBR-86.7 were approved at an election held Mar. 11, 1986. Code reference —Retirement plan for city employees, 1 16.126 et seq. Sec. 12.03. Removal from office. Any person holding an elective position with the city or an appointive noncompensated posi- tion or an appointive compensated position that does not fall under the hiring and tlring powers of the council and the city manager shall be re- moved 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, to employ an attorney at city expense, to subpoena witnesses and to be heard and confronted by his accusers. Sec. 12.04. Conflict of interest. The council, in conformity with existing law, shall, by ordinance, establish regulations to pro- hibit conflict of interest. State law reference —Code of ethics, F.S.1112.311 et seq. Sec. 12.05. Provisions of state law applicable to city planning 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 del CHARTER agate to any zoning commission final approval on zoning and planning matters; but, on the con. trary, the council shall be the final authority. Sec. 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 en- sure that the rate of growth of residential popu- lation does not exceed the city's ability to furnish the necessary facilities and services to accommo- date said population, or that the total amount of residential population does not exceed the nat- ural resources available in the area to support said residential population. Sec. 12.07. Reserved. Editor's note —Section 12.07, requiring a referendum for change of zoning for land zoned for recreational uses, having been declared unconstitutional by the Broward County Cir- cuit Court and the Fourth District Court of Appeals, was re- pealed by 11 of Ord. No. 8444, adopted July 25, 1984. Sec. 12.08. Limitations on suits for damages. No person shall have a cause of action against the city for damage, injury, death, or loss in case of accident, unless such accident shall have been caused by the negligence of the city or its duly authorized officials or employees, and under the law the city is liable for such negligence, and un- less written notice of such damage or loss is pre- sented 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 wit- nesses as would enable the proper city officials to investigate the matter, and provided however, that the said complainant also complies with all re- quirements of law. State law reference-.6overeign immunity and tort lia- bility, F.S. 1768.28. Sec. 12.09. Signatures to bonds, checks, con- tracts, etc. All bonds and checks shall be signed by the mayor and manager. All contracts or other instru- ments to which the city is a party shall be exe- 17 1 13.01 cuted 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. Sec. 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. State low reference —Amendment of charters, F.S, 1 166.031. Sec. 12.11. General laws to apply. All general laws of the state and county appli- cable to municipal corporations, now existing or which may hereafter be enacted, and which are not legally superseded by the provisions of this Charter or the ordinances or resolutions hereafter enacted by the 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 pro- visions of this Charter. ARTICLE XIII. CORPORATE LIMITS Sec. 13.01. Boundaries. The municipal boundaries of the City of Tam- arac are hereby defined and specifically described as follows: Beginning at the northeast corner of the plat of Tamarac Lakes, as recorded in Plat Book 58, Page 40, of the Public Records of Broward County, Florida, being more particularly described as the northeast corner of the south one-half (S%) of the southwest one -quarter (SW I.) of Section 16, Town- ship 49 South, Range 42 East, Broward County, Florida; Thence southerly along the east line of the southwest one -quarter (SW%) of said Section 16, a distance of 1,016.92 feet to a point of intersection with the south right-of-way line of Prospect Field Road (State Road 582); �4 (f r?,g - / 7'" I 113.01 TAMARAC CHARTER Thence north 77 degrees 39' 11" west along said south right-of-way line a distance of 1,353.68 feet; Thence south 01 degrees 15' 35" east 51.44 feet; Thence north 77 degrees 39' 11" west to a point of intersection with the east line of Section 17, Township 49 South, Range 42 East, Broward County, Florida; Thence westerly and northerly along said right• of -way line to the south line of the north one-half (N%) of the northwest one -quarter (NWV4) of the southeast one -quarter (SEV4) of said Section 17; Thence westerly along the said south line and along the south line of the north one-half (N%) of the northeast one -quarter (NEVO of the southwest one -quarter (SWV4) of said Section 17 to the east line of the northwest one -quarter (NWT/.) of the southwest one -quarter (SW'/.) of said Section 17; Thence southerly along the said east line to the south line of the said northwest one -quarter (NW V4) of the southwest one -quarter (SW Y4) of Sec- tion 17; Thence westerly along the said south line and along the south line of the east one-half (E%) of the northeast one -quarter (NE'/4) of the southeast one -quarter (SEY4) of Section 18, Township 49 South, Range 42 East, to the west line of the said east one-half (E%); 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 (S%) of said Section 18; Thence westerly along the said south right- of-way line to a line 861.25 feet west of and par- allel with the east line of the southwest one - quarter (SW'/+) of said Section 18; Thence southerly along the said parallel line to a line 1,011.04 feet south of and parallel with the north line of the said southwest one -quarter (SWY'4); Thence westerly parallel to and 1,011.04 feet south of, as measured at right angles to the north line of the southwest one -quarter (SW'/,) to the point of intersection with the west line of said southwest one -quarter (SW%); 18 Thence continuing west along a line which is the westward extension of the previously described line, to a point of intersection with the west right- of-way of State Road 7 (U.S. 441) which point is 100 feet west of the east boundary line of Section 13, Township 49 South, Range 41 East; Thence southerly along the said west right- of-way line of State Road 7 (U.S. 441) and on a line parallel to and 100 feet west of the east line of said Section 13, to the point of intersection with the south line of Lot 9 of Section 13, Township 49 South, Range 41 East, according to the plat thereof, of Fort Lauderdale Truck Farms Subdi- vision, as recorded in Plat Book 4, Page 31, of the Public Records of Broward County, Florida; Thence north 89 degrees 15' 42" west a dis- tance of 1,220.19 feet to the southwest corner of said Lot 9; Thence southerly along the west line of said Tract 16, to a point of intersection with the south line of said Section 13; Thence westerly along the south lines of Sec- tions 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 Sec- tions 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 Sec- tions 7 and 6, Township 49 South, Range 41 East,' to a point of intersection with the south right- of-way line of Canal C-14 of the Central and Southern Florida Floor Control District; Thence easterly along said south right-of-way line, through portions of Section 6, Township 49 South, Range 41 East, and Sections 31, 32, 33 and 34, Township 48 South, Range 41 East, to a point of intersection with the west line of the east 2,257.00 feet of said Section 34; Thence southerly along said west line 554.00 feet to a point of intersection with the south line of said Section 34, said south line also being the A 0 • l 16)""m r *q north line of Section 3, Township 49 South,.tange 41 East; Thence westerly along said north line of Sec- tion 3, to the northeast corner of Tract 2, Section S. 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 intersec. tion 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, S ction 10, as shown on said plat of Fort Lauder- dale Truck Farms; Thence southerly along the west lines of Tracts 2 and 7, Section 10, to the southwest corner of said Tract 7, Section 10; Thence easterly along the south line of said Tract 7, Section 10, to the southeast corner thereof, said corner also being the northwest corner of Tract 9, Section 10; Thence southerly along the west line of said Tract 9, Section 10, to the southwest corner thereof, Thence easterly along the south line of said Tract 9, Section 10, and its easterly prolongation to a point of intersection with the west line of Section 11, Township 49 South, Range 41 East, said point being on the centerline of a fifty -foot rua� ri'li t-of-way as shown on said plat of Fort Lauderdale 'Duck Farms; Thence northerly along the west line of said Section 11, to a point of intersection with the west. erly prolongation of the north line of Tract 12, Section 11; Thence easterly along said north line of Tract 12, Section 11, to the northeast corner thereof; Thence southerly along the east line of Tract 12, Section 11, a distance of about 40 feet to a point on a line 40 feet south of and parallel with the north line of the south one-half (S%) of said Section 11; 19 (1,e - 5.2 1 13.01 Thence easterly along said parallel line to the west line of Section 12, Township 49 South, Range 41 East, said line being within the right-of-way of Rock Island Road; Thence northerly along the west line of said Section 12, to the northwest corner of Tract 12, Section 12, as shown on said plat of Fort Lauder- dale Truck Farms; Thence easterly along the north lines of Tracts 12 and 11, Section 12, to the northeast corner of Tract 11, Section 12, said point also being the northwest corner of Tract 10, Section 12, as shown on said plat of Fort Lauderdale Truck Farms; Thence southerly along the west line of said Tract 10, Section 12, to a point 163.76 feet north of the south line of said Tract 10, Section 12; Thence east 165.83 feet; Thence south 163.73 feet to a point of intersec- tion with the south line of said Tract 10, Section 12, said line also being the north line of pact 15, Section 12, as shown on said plat of Fort Lauder- dale Truck Farms; Thence easterly along the north line of said Tract 15, Section 12, to the northeast corner thereof; . Thence southerly along the east line of said Tract 15, Section 12, to the southeast corner thereof, said corner being on the south line of Sec- tion 12; Thence easterly along the south line of Section 12, to a point of intersection with the west right- of-way line of State Road 7 (U.S. 441); Thence southerly along the said west right- of-way line to a point of intersection with the west- erly prolongation of the north line of the south- west one -quarter (SW34) of Section 18, Township 49 South, Range 42 East; Thence easterly along the said westerly prolon- gation and the north line of the said southwest one -quarter (SWl4) to a point 861.25 feet west of the east boundary of the southwest one -quarter (SW %) of said Section 18; H7 /1 1 13.01 TAMARAC CHARTER Thence southerly parallel with and 861.25 feet west of said east line to a point on the north right- of-way line of N.W. 50th Street; Thence easterly along the said north right-of- way line parallel with and 455.00 feet south of the north line of the south one-half (S%) of Section 18, to the east line of said Section 18; Thence continue along the said north right- of-way line of N.W. 50th Street, 3,432 feet more or less to a point on the east line of the southwest one -quarter (SWY4) of the southwest one -quarter (SWVQ of the northeast one -quarter (NEVO of Sec- tion 17, Township 49 South, Range 42 East, said point being further described as being 60.00 feet north of the south line of the north one-half (N%) of said Section 17; Thence northerly to the southeast corner of the north one-half (N%) of the north one-half (N%) of the southwest one -quarter (SWV4) of the south- west one -quarter (SWI/4) of the northeast one - quarter (NEVO of said Section 17; Thence westerly to the southwest corner of the north one-half (N%) of the north one-half (N%) of the southeast one -quarter (SEVO of the southeast one -quarter (SE'/+) of the northwest one -quarter (NWY'.) of said Section 17; Thence northerly to the northwest corner of the southeast one -quarter (SEY4) of the southeast one - quarter (SE V,) of the northwest one -quarter (NW VO of said Section 17; Thence westerly to the southwest corner of the northwest one -quarter (NWT/.) of the southeast one. quarter (SEV4) of the northwest one -quarter (NW 1/4) of said Section 17; Thence northerly to the northwest corner of the southeast one -quarter (SEA/.) of the northwest one - quarter (NWT/+) of said Section 17; Thence easterly to the southwest corner of the southeast one -quarter (SEW of the northeast one - quarter (NEYO of the northwest one -quarter (NW'4) of said Section 17; Thence northerly to the northwest corner of the southeast one -quarter (SEVO of the northeast one - quarter (NEYO of the northwest one -quarter (NWY4) of said Section 17; 20 r Thence easterly to the northeast corner of the southwest one -quarter (SWV4) of the northeast one - quarter (NEB/.) of the northeast one -quarter (NEya) of said Section 17; Thence northerly to the northwest corner of the southwest one -quarter (SWV4) of the northeast one - quarter (NE %) of the northeast one -quarter (NE V'.) of the northeast one -quarter (NE'/.) of said Section 17; Thence easterly to the northeast corner of the southwest one -quarter (SW %) of the northeast one - quarter (NEIVO of the northeast one -quarter (NEB:) of the northeast one -quarter (NE!/4) of said 17; Thence southerly to the southeast corner of the west one-half (W%) of the southeast one -quarter (SEA/.) of the northeast one -quarter (NEVO of the northeast one -quarter (NEB/.) of said Section 17; Thence westerly along the south line of the northeast one -quarter (NEVO of the northeast one - quarter (NEVO, to a point 50.00 feet east of the west line of the southeast one -quarter (SEVO of the northeast one -quarter (NEV'.) of said Section 17; Thence southerly along a line 50.00 feet east of and parallel with the west line of the southeast one -quarter (SEVO of the northeast one -quarter (NEI/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 (S1,9 nf the northwest one -quarter (NW%) of the south- east one -quarter (SE%) of the northeast one - quarter (NEVO of said Section 17; Thence easterly to the northeast corner of the south one-half (S%) of the northwest one -quarter (NW'/,) of the southeast one -quarter (SE%) of the northeast one -quarter (NEW of said Section 17; Thence southerly to the southeast corner of the north one-half (N%) of the southwest one -quarter (SWV4) of the southeast one -quarter (SEW of the northeast one -quarter (NEVO of said Section 17; Thence westerly on the south line of the north one-half (N%) of the southwest one -quarter (SWV4) of the southeast one -quarter (SEVO of the north- east one -quarter (NEVO to a point 50.00 feet east of the west line of the southeast one -quarter (SE V4) Cl 01 �J I • CHARTER of the northeast one -quarter (NEW 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 (S') of the southeast one -quarter (SEVO of said Section 17; Thence easterly to the northeast corner of the south one-half (S%) of the southeast one -quarter (SEW, said point also being the northwest corner of the south one-half (S%) of the southwest one - quarter (SW'/4) of Section 16, Township 49 South, Range 42 East; Thence continuing easterly to the northeast corner of the south one-half (S%) of the southwest one -quarter (SWY4) of Section 16, Township 49 South, Range 42 East, to the point of beginning. Said lands situate within Broward County, Florida. (Ord. No. 81-17, § 1, 4.22-81; Ord. No. 68-36, § 1, 10.12-88) State law reference —Authority of municipality to rede- fine boundaries by ordinance and without referendum, F.S. $ 166.031(3). Sec. 13.02. Annexation. [(a) Procedure.) The corporate limits of the city may be extended so as to include adjacent terri- tory not then within such corporate limits by any method provided by state law. The council may only propose for annexation such lands as are con- tiguous to the existing territorial limits of the city. (Ord. No. 83-53, § 1, 12-22-83) [(b) Specific Annexations.) The present corpo- rate limits of the City of Tamarac, Broward County, Florida, are hereby extended and enlarged so as to include, in addition to the territory pres- ently within its corporate limits, the following ter- ritories, to wit: (Annexation Parcel 4-77) The Homestead Terri- tory. That certain area of land currently not in the corporate limits of the City of Tamarac which is entirely contiguous to and surrounded by the ex- isting city limits of Tamarac commencing at the center line of Rock Island Road and a portion of the south boundary line of The Mainlands of Tam- arac Lakes (Section 6A), as recorded in Plat Book 21 V16- C9,2- %`/7" $ 14.04 67, Page 3; then proceeding south along the center line of Rock Island Road to a portion of the north boundary of the Sabal Palm Golf Course; then commencing easterly along that portion of the north boundary of the Sabal Palm Golf Course to a portion of the west boundary line of the Sabal Palm Golf Course; then commencing northerly along the west boundary of Sabal Palm Golf Course to a portion of the south boundary of The Mainlands of Tamarac Lakes (Section 6A) plat; then commencing westerly along a portion of the south boundary of that subdivision to the center line of Rock Island Road. (Ch. 77-655, Laws of Fla., § 1) Editor's note —The provisions of Ord. No. $3.53 were ap- proved at an election held Mar. 13, 1984. ARTICLE XIV. TRANSITION SCHEDULE Sec. 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. Sec. 14.02. Rights of officers and employees. Nothing in this Charter except as otherwise spe- cifically provided shall affect or impair the rights or privileges of persons who are city officers or employees at the time of adoption. Elected officers shall continue to hold their offices and discharge the duties thereof until their successors are elected. Sec. 14.03. Pending matters. All rights, claims, actions, orders, contracts and legal or administrative proceedings involving the city shall continue except as modified pursuant to the provisions of this Charter. Sec. 14.04. Referendum for approval of Charter. This Charter shall not become effective until submitted to the qualified electors of the city by referendum held for the purpose of approving this Charter. Said referendum shall be held on March 9, 1976. Should a majority of the electors voting 11 _ i�7„ - 70^ 1 14.04 TAMARAC CHARTER 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 elec- tion vote to reject the adoption of this Charter, then this Charter shall not be adopted. This ref- erendum shall be held in accordance with the law. Sec. 14.05. Transition ordinances. The council shall adopt ordinances and resolu- tions required to effect the transition. Ordinances adopted within sixty (60) days of the first council meeting under this Charter for the purpose of fa- cilitating the transition may be passed as emer- gency ordinances following the procedures in sec- tion 4.06 except that transition ordinances shall be effective for up to ninety (90) days after enact- ment. Thereafter such ordinances may be re- adopted, renewed or otherwise continued only in the manner prescribed for normal ordinances by law. Sec. 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 oc- curred. Sec. 14.07. Referendum and ballot. The form of the ballot shall conform to the fol- lowing requirements; with respect to the adoption of the proposed Charter the questions shall be sub. witted: "Shall the following Charter be adopted by the City of Tamarac?" Immediately following this question there shall be printed on the ballots the following: "For the adoption of the Charter ." "Against the adoption of the Charter ." Sec. 14.08. Savings clause. The provisions of this Charter are severable; and if any section, part of section, paragraph, sen- tence, 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. (The next page is 731 22 •