House Bill 1767

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    Florida House of Representatives - 2000                HB 1767

        By Representative Wasserman Schultz






  1                      A bill to be entitled

  2         An act relating to Broward County; creating the

  3         New City Charter; providing for the corporate

  4         name and purpose of the Charter; establishing

  5         territorial boundaries of the municipality;

  6         providing powers of the municipality and of

  7         certain officers; providing for election and

  8         terms of office of a City Commission, including

  9         the Mayor, and providing for qualifications,

10         powers, and duties of its membership;

11         establishing circumstances which create

12         vacancies in office and providing for filling

13         vacancies and for forfeiture and recall;

14         providing a procedure for establishing

15         compensation and expense reimbursement for the

16         Mayor and City Commission; providing for a City

17         Manager, City Clerk, and City Attorney and

18         powers and duties of each; providing bond

19         requirements; authorizing establishment of City

20         boards and agencies; providing for Commission

21         meetings, rules, and recordkeeping and voting

22         at meetings; providing for emergency

23         ordinances; providing for budget adoption and

24         establishing a fiscal year; providing

25         procedures for authentication, recording, and

26         disposition of ordinances, resolutions, and

27         charter amendments; establishing the right to

28         determine, order, levy, assess, and collect

29         taxes; providing for borrowing by the City;

30         providing for an annual independent audit;

31         establishing election guidelines; providing for

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  1         Charter amendments and review; providing for

  2         severability; providing for transition,

  3         including a referendum on incorporation,

  4         initial Commission and Mayor election and

  5         terms, and the date of creation and

  6         establishment of the municipality; providing

  7         for interim adoption of codes and ordinances;

  8         providing for transitional taxes and fees;

  9         providing for payment of certain revenues, and

10         transitional comprehensive plan and land

11         development regulations; entitling the City to

12         state shared and local option gas tax revenues;

13         providing for the sharing of certain revenues;

14         directing Broward County to remit a specified

15         amount to the City for infrastructure;

16         providing for the prevailing provisions of this

17         act over conflicting provisions of other laws;

18         providing an effective date.

19

20  Be It Enacted by the Legislature of the State of Florida:

21

22         Section 1.  The "New City Charter" is created to read:

23

24       ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT,

25                       BOUNDARY AND POWERS

26         Section 1.01  Corporate existence.--A municipal

27  corporation known as the New City ("the City") is hereby

28  created pursuant to the Constitution of the State of Florida

29  (the "State"). The corporate existence of the City shall

30  commence upon the adoption of this Charter by the electorate.

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  1         Section 1.02  Form of government.--The City shall have

  2  a "Commission-Manager" form of government.

  3         Section 1.03  Corporate boundary.--

  4

  5                         LAND DESCRIPTION

  6

  7                  INCORPORATION OF THE NEW CITY

  8

  9         That portion of Sections 11, 12, 13, 14, 22,

10         23, 24, 25 and 26, Township 48 South, Range 42

11         East and Sections 7, 18, 19 and 30, Township 48

12         South, Range 43 East, Broward County, Florida,

13         described as follows:

14

15         Beginning at the intersection of the Westerly

16         right-of-way line of U.S. Highway No. 1 as

17         described in Chapter 69-1513, Laws of Florida,

18         with the South line of the North half of the

19         North half of the Northwest quarter of said

20         Section 30;

21

22         thence Westerly along said South line and the

23         South line of the North half of the North half

24         of the Northeast quarter of said Section 25 and

25         the South line of the North half of the North

26         half of the Northwest quarter of said Section

27         25 to the Easterly right-of-way line of the

28         Florida East Coast Railway as described in

29         Ordinance No. 80-38 of the City Commission of

30         the City of Pompano Beach, Florida;

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  1         thence Northeasterly along said Easterly

  2         right-of-way line to the South right-of-way

  3         line of N.E. 24th Street (Copans Road) as

  4         described in said Ordinance No. 80-38;

  5

  6         thence Northwesterly and Westerly along said

  7         South right-of-way line, through said Section

  8         25 and into said Section 26 to the East line of

  9         the West half of said Section 26;

10

11         thence Northerly along said East line to the

12         North line of the West half of said Section 26;

13

14         thence Westerly along said North line and the

15         South line of the Southeast quarter of said

16         Section 22 to the Easterly right-of-way line of

17         the Seaboard Coastline Railroad as described in

18         Chapter 83-506, Laws of Florida;

19

20         thence Northeasterly along said Easterly

21         right-of-way line to the Westerly right-of-way

22         line of Interstate 95  (State Road No. 9) as

23         shown on Florida Department of Transportation

24         Right-of-Way Map (Section 86070-2413);

25

26         thence North 88°30'27" East along said Westerly

27         right-of-way line and the South line of  a

28         parcel described in Ordinance No. 90-53 of the

29         City Commission of the City of Pompano Beach, a

30         distance of 277.01 feet;

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  1         thence North 59°00'27" East along said Westerly

  2         right-of-way line and the South line of said

  3         parcel, a distance of 88.64 feet;

  4

  5         thence North 29°30'27" East along said Westerly

  6         right-of-way line and the South line of said

  7         parcel, a distance of 435.76 feet to the Point

  8         of Curvature of a curve concave to the

  9         Southeast;

10

11         thence Northeasterly along said Westerly

12         right-of-way line and the South line of said

13         parcel described in Ordinance No. 90-54 and the

14         arc of said curve, having a radius of 772.00

15         feet and a central angle of 43°27'07":, an arc

16         distance of 585.47 feet to a Point of Tangency;

17

18         (the following 12 courses are coincident with

19         the boundary of that parcel of land described

20         in Ordinance No. 90-54 of the City Commission

21         of the City of Pompano Beach, Florida)

22

23         North 73°03'48" East along said Westerly

24         right-of-way line, a distance of 679.79 feet to

25         the Point of Curvature of a curve concave to

26         the Northwest;

27

28         Northeasterly along said Westerly right-of-way

29         line and the arc of said curve, having a radius

30         of 901.74 feet and a central angle of

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  1         31°24'05", an arc distance of 494.20 feet to a

  2         Point of Tangency;

  3

  4         North 41°39'43" East along said Westerly

  5         right-of-way line, a distance of 474.37 feet;

  6

  7         North 37°39'43" East along said Westerly

  8         right-of-way line, a distance of 929.07 feet to

  9         the Point of Curvature of a curve concave to

10         the Northwest;

11

12         Northeasterly along the Westerly right-of-way

13         line and the arc of said curve, having a radius

14         of 3300.52 feet and a central angle of

15         03°19'12", an arc distance of 191.25 feet to

16         the North line of the Southwest quarter of said

17         Section 23;

18

19         South 88°36'48" West along said North line, a

20         distance of 1242.61 feet to the East line of

21         the West half of the Northwest quarter of said

22         Section 23;

23

24         North 01°31'35" West along said East line,

25         1960.40 feet to the North line of the South

26         half of the Northwest quarter of the Northwest

27         quarter of said Section 23;

28

29         South 88°40'22" West along said North line, a

30         distance of 564.24 feet;

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  1         North 01°17'56" West, a distance of 153.74

  2         feet;

  3

  4         South 88°42'03" West, a distance of 100.00

  5         feet;

  6

  7         South 01°17'56" East, a distance of 208.79 feet

  8         to a line 55.00 feet South of and parallel with

  9         the North line of the South half of the

10         Northwest quarter of the Northwest quarter of

11         said Section 23;

12

13         South 88°40'22" West along said parallel line,

14         a distance of 285.52 feet to the Easterly

15         right-of-way line of the Seaboard Coastline

16         Railroad;

17

18         thence continue South 88°40'22" West along said

19         parallel line to the Westerly right-of-way line

20         of the Seaboard Coastline Railroad as described

21         in Chapter 83-506, Laws of Florida;

22

23         thence Northeasterly along said Westerly

24         right-of-way line to the South right-of-way

25         line of N.W. 48th Street (Green Road);

26

27         thence Easterly along said South right-of-way

28         line to the Easterly right-of-way line of the

29         Florida East Coast Railway;

30

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  1         thence Northeasterly along said Easterly

  2         right-of-way line to the South line of Parcel

  3         "A", "MORGAN PLAT NO. 1", according to the plat

  4         thereof, as recorded in Plat Book 110, Page 42,

  5         of the Public Records of Broward County,

  6         Florida;

  7

  8         thence Easterly along said South line to the

  9         East line of said Parcel "A";

10

11         thence Northerly along said East line to the

12         East right-of-way line of N.E. 13th Way as

13         shown on said "MORGAN PLAT NO. 1";

14

15         thence Northerly along said East right-of-way

16         line and the West line of Parcel "B", of said

17         "MORGAN PLAT NO. 1" to the North line of said

18         Parcel "B";

19

20         thence Easterly along said North line to the

21         Northeast corner of said Parcel "B";

22

23         thence Northerly along the Northerly extension

24         of the East line of said Parcel "B" to the

25         South right-of-way line of S.W. 15th Street as

26         described in Chapter 70-647, Laws of Florida;

27

28         thence Easterly along said South right-of-way

29         line to the Westerly right-of-way line of U.S.

30         Highway No. 1 as described in Chapter 70-783,

31         Laws of Florida;

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  1

  2         thence Southwesterly along said Westerly

  3         right-of-way line as described in Chapter

  4         70-783, Chapter 70-784 and Chapter 69-1513,

  5         Laws of Florida, to the POINT OF BEGINNING

  6

  7         LESS AND EXCEPT

  8

  9         That parcel of land annexed to the City of

10         Pompano Beach, Florida by Ordinance 97-89 of

11         the City Commission of the City of Pompano

12         Beach, Florida more particularly described as

13         follows;

14

15         A portion of the "P.C. PROPERTIES PLAT NO. 1",

16         as recorded in Plat Book 93, Page 37, and a

17         portion of the lands comprising the plat of

18         "POMPANO PROFESSIONAL PLAZA", as recorded in

19         Plat Book 82, Page 33, all being  recorded in

20         the Public Records of Broward County, Florida,

21         and being more particularly described as

22         follows;

23

24         BEGIN at the Southwest corner of said plat of

25         "P.C. PROPERTIES PLAT NO. 1";

26

27         thence North 00°32'26" West along the West line

28         of said "P.C. PROPERTIES PLAT NO. 1", a

29         distance of 676.93 feet;

30

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  1         thence North 01°13'13" West, a distance of

  2         449.88 feet to the Northwest corner of said

  3         plat of "P.C. PROPERTIES PLAT NO. 1";

  4

  5         thence North 89°03'58" East, a distance of

  6         543.79 feet;

  7

  8         thence South 01°12'02" East, a distance of

  9         195.92 feet;

10

11         thence North 89°03'58" East, a distance of

12         190.35 feet to the West right-of-way line of

13         U.S. Highway No. 1;

14

15         thence South 11°04'01" West, a distance of

16         68.64 feet;

17

18         thence South 07°15'10" West, a distance of

19         140.00 feet;

20

21         thence South 82°44'50" East, a distance of 9.97

22         feet;

23

24         thence South 07°15'10" West, a distance of

25         453.82 feet;

26

27         thence South 88°50'38" West, a distance of

28         150.00 feet;

29

30         thence South 07°15'47" West, a distance of

31         25.13 feet;

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  1

  2         thence South 89°05'19" West, a distance of

  3         27.50 feet;

  4

  5         thence South 00°54'41" East, a distance of

  6         123.14 feet;

  7

  8         thence South 88°50'38" West, a distance of

  9         133.88 feet;

10

11         thence South 00°32'33" East, a distance of

12         124.15 feet to the North right-of-way line of

13         N.E. 23rd Street (A.K.A. Copans Road);

14

15         thence South 88°50'37" West, a distance of

16         332.63 feet to the POINT OF BEGINNING.

17

18         Lying in Broward County, Florida.

19

20         Section 1.04  Powers.--The City shall have all

21  available governmental, corporate, and proprietary powers and

22  may exercise them except when prohibited by law.  Through the

23  adoption of this Charter, it is the intent of the electors of

24  the City that the municipal government established herein have

25  the broadest exercise of home rule powers permitted under the

26  Constitution and laws of the State.

27         Section 1.05  Construction.--This Charter and the

28  powers of the City shall be construed liberally in favor of

29  the City.

30                ARTICLE II. CITY COMMISSION; MAYOR

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  1         Section 2.01  City Commission.--There shall be a City

  2  Commission (the "Commission") vested with all legislative

  3  powers of the City, consisting of four members ("Commission

  4  members") and the Mayor.  Commission members shall occupy

  5  seats numbered 1 through 4. References in this Charter to

  6  Commission members shall include the Mayor unless the context

  7  dictates otherwise.

  8         Section 2.02  Mayor.--The Mayor shall preside at

  9  meetings of the Commission and be a voting member of the

10  Commission.  The Mayor shall be recognized as head of City

11  government for all ceremonial purposes and for purposes of

12  military law, for service of process, execution of duly

13  authorized contracts, deeds, and other documents, and as the

14  City official designated to represent the City when dealing

15  with other governmental entities.

16         Section 2.03  Election and term of office.--

17         (a)  ELECTION AND TERM OF OFFICE.--Except as provided

18  in Section 8.03(c), each Commission member and the Mayor shall

19  be elected at-large for 4-year terms by the electors of the

20  City in the manner provided in Article V of this Charter.

21  Each Commission member and the Mayor shall remain in office

22  until his or her successor is elected and assumes the duties

23  of the position.

24         (b)  DESIGNATED SEATS.--Except as provided in Section

25  8.03(c), the City Commission shall be divided into four seats,

26  designated 1, 2, 3, and 4, to be voted on Citywide, with each

27  qualified elector entitled to vote for one candidate for each

28  seat.

29         Section 2.04  Qualifications.--Except as provided in

30  Section 8.03(c),candidates for Commission member shall qualify

31  for election by the filing of a written notice of candidacy

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  1  with the Clerk of the City at such time and in such manner as

  2  may be prescribed by ordinance and payment to the City Clerk

  3  of the sum of $100, plus any fees required by Florida

  4  Statutes, as a qualifying fee.  A person may not be a

  5  candidate for more than one office in the same election.  Only

  6  electors of the City who have resided continuously in the City

  7  for at least 1 year preceding the date of such filing shall be

  8  eligible to hold the office of Commission member.  If at the

  9  conclusion of the qualifying period no elector shall file for

10  candidacy, the Commission seat shall be open for a period of 5

11  days and any qualified elector who has resided in the City

12  continuously for at least 1 year preceding the date of such

13  filing may file a written notice of candidacy for said

14  Commission seat in accordance with the remaining provisions of

15  this section.

16         Section 2.05  Vacancies; forfeiture of office; filling

17  of vacancies.--

18         (a)  VACANCIES.--The office of a Commission member

19  shall become vacant upon his or her death, resignation,

20  removal from office in any manner authorized by law, or by

21  forfeiture of his or her office.

22         (b)  FORFEITURE OF OFFICE.--

23         (1)  Forfeiture by disqualification.--A Commission

24  member shall forfeit his or her office if at any time during

25  his or her term he or she ceases to maintain his or her

26  permanent residence in the City, or if he or she otherwise

27  ceases to be a qualified elector of the City.

28         (2)  Forfeiture by absence.--A Commission member shall

29  be subject to forfeiture of his or her office, in the

30  discretion of the remaining Commission members, if he or she

31  is absent without good cause from any three consecutive

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  1  regular meetings of the Commission during any calendar year,

  2  or if he or she is absent without good cause from any four

  3  regular meetings of the Commission within any 12-month period.

  4         (3)  Procedures.--The Commission shall be the sole

  5  judge of the qualifications of its members and shall hear all

  6  questions relating to forfeiture of a Commission member's

  7  office, including whether or not good cause for absence has

  8  been or may be established. The burden of establishing good

  9  cause shall be on the Commission member in question; however,

10  any Commission member may at any time during any duly held

11  meeting move to establish good cause for the absence of

12  himself or herself or any other Commission member, from any

13  past, present, or future meetings, which motion, if carried,

14  shall be conclusive. A Commission member whose qualifications

15  are in question or who is otherwise subject to forfeiture of

16  his or her office shall not vote on any such matters. The

17  Commission member in question shall be entitled to a public

18  hearing on requests regarding an alleged forfeiture of office.

19  If a public hearing is requested, notice thereof shall be

20  published in one or more newspapers of general circulation in

21  the City at least 1 week in advance of the hearing. Any final

22  determination by the Commission that a Commission member has

23  forfeited his or her office shall be made by resolution. All

24  votes and other acts of the Commission member in question

25  prior to the effective date of such resolution shall be valid

26  regardless of the grounds of forfeiture.

27         (c)  FILLING OF VACANCIES.--A vacancy on the Commission

28  shall be filled as follows:

29         (1)  If less than 1 year remains in the unexpired term,

30  the vacancy shall be filled by the Commission within 30 days.

31

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  1         (2)  If 1 year or more remains in the unexpired term,

  2  the vacancy shall be filled by a special election to be held

  3  not sooner than 30 days or more than 60 days following the

  4  occurrence of the vacancy.

  5         (3)  Persons filling vacancies shall meet the

  6  qualifications specified in this Article.

  7         (4)  If no candidate for a vacancy meets the

  8  qualifications under this Article for that vacancy, the

  9  Commission shall appoint a person qualified under this Article

10  to fill the vacancy.

11         (5)  Notwithstanding any quorum requirements

12  established herein, if at any time the full membership of the

13  Commission is reduced to less than a quorum, the remaining

14  members may, by majority vote, appoint additional members to

15  the extent otherwise permitted or required under this

16  subsection.

17         (6)  In the event that all the members of the

18  Commission are removed by death, disability, recall,

19  forfeiture of office, or resignation, the Governor shall

20  appoint interim Commission members who shall call a special

21  election within not less than 30 days or more than 60 days

22  after such appointment. Such election shall be held in the

23  same manner as the initial elections under this Charter.

24  However, if there are less than 6 months remaining in the

25  unexpired terms, the interim Commission appointed by the

26  Governor shall serve out the unexpired terms. Appointees must

27  meet all requirements for candidates provided for in this

28  Article.

29         Section 2.06  Compensation; reimbursement for

30  expenses.--

31

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  1         (a)  The Commission members shall be compensated at the

  2  rate of $300 per month. The Mayor shall be compensated at the

  3  rate of $400 per month.  The Mayor and Commission shall

  4  receive reimbursement in accordance with applicable law or as

  5  may be otherwise provided by ordinance, for authorized travel

  6  and per diem expenses incurred in the performance of their

  7  official duties.

  8         (b)  An ordinance establishing, increasing, or

  9  decreasing compensation of the Mayor or Commission may be

10  adopted at any time; however, in no event shall any

11  establishment of compensation or any increase in compensation

12  become effective prior to the first day of the first month

13  following the first regular election of the City subsequent to

14  the adoption of such ordinance.

15                   ARTICLE III. ADMINISTRATIVE

16         Section 3.01  City Manager.--There shall be a City

17  Manager or management firm (the "Manager") who shall be the

18  chief administrative officer of the City. The Manager shall be

19  responsible to the Commission for the administration of all

20  City affairs.

21         Section 3.02  Appointment; removal; compensation.--A

22  majority of the Commission shall appoint the City Manager or

23  management firm for an indefinite term. The Commission may

24  remove the City Manager at any time. The compensation and

25  benefits of the City Manager shall be fixed by the Commission.

26         Section 3.03  Powers and duties of the City

27  Manager.--The Manager shall:

28         (a)  Be responsible for the hiring, supervision, and

29  removal of all City employees.

30

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  1         (b)  Direct and supervise the administration of all

  2  departments and offices but not City boards or agencies,

  3  unless so directed by the Commission from time to time.

  4         (c)  Attend all Commission meetings and have the right

  5  to take part in discussion but not the right to vote.

  6         (d)  Ensure that all laws, provisions of this Charter,

  7  and acts of the Commission, subject to enforcement or

  8  administration by him or her or by officers subject to his or

  9  her direction and supervision, are faithfully executed.

10         (e)  Prepare and submit to the Commission a proposed

11  annual budget and capital program.

12         (f)  Submit to the Commission and make available to the

13  public an annual report on the finances and administrative

14  activities of the City as of the end of each fiscal year.

15         (g)  Prepare such other reports as the Commission may

16  require concerning the operations of City departments,

17  offices, boards, and agencies.

18         (h)  Keep the Commission fully advised as to the

19  financial condition and future needs of the City and make such

20  recommendations to the Commission concerning the affairs of

21  the City as he or she deems to be in the best interests of the

22  City.

23         (i)  Execute contracts, deeds, and other documents on

24  behalf of the City as authorized by the Commission.

25         (j)  Perform such other duties as are specified in this

26  Charter or as may be required by the Commission.

27         Section 3.04  Absence or disability of City

28  Manager.--To perform his or her duties during his or her

29  temporary absence or disability, the Manager may designate, by

30  letter filed with the City Clerk, a qualified administrative

31  officer of the City.  In the event of failure of the Manager

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  1  to make such designation, or should the person so designated

  2  by the City Manager be unsatisfactory to the Commission, the

  3  Commission may by resolution appoint an officer of the City to

  4  perform the duties of the Manager until he or she shall return

  5  or his or her disability shall cease.

  6         Section 3.05  Bond of City Manager.--The City Manager

  7  shall furnish a surety bond to be approved by the Commission,

  8  in such amount as the Commission may fix, said bond to be

  9  conditioned on the faithful performance of his or her duties.

10  The premium of the bond shall be paid by the City.

11         Section 3.06  City Clerk.--The City Manager shall

12  appoint a City Clerk or management firm to serve as City Clerk

13  (the "Clerk"). The Clerk shall give notice of Commission

14  meetings to its members and the public, shall keep minutes of

15  its proceedings, and shall perform such other duties as the

16  Commission or City Manager may prescribe from time to time.

17  The Clerk shall report to the City Manager.

18         Section 3.07  City Attorney.--The Commission shall from

19  time to time appoint an individual attorney or a law firm to

20  act as the City Attorney under such terms, conditions, and

21  compensation as are consistent with this Charter and as may be

22  established by the Commission from time to time. The City

23  Attorney shall report to the Commission.

24         Section 3.08  Expenditure of City funds.--No funds of

25  the City shall be expended except pursuant to duly approved

26  appropriations or for the payment of bonds, notes, or other

27  indebtedness duly authorized by the City Commission and only

28  from such funds so authorized.

29         Section 3.09  City boards and agencies.--Except as

30  otherwise provided by law, the Commission may establish or

31  terminate such boards and agencies as it may deem advisable

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  1  from time to time. The boards and agencies shall report to the

  2  Commission. Members of boards and agencies shall be appointed

  3  by resolution.

  4                     ARTICLE IV. LEGISLATIVE

  5         Section 4.01  Commission meeting procedure.--

  6         (a)  MEETINGS.--The Commission shall hold periodic

  7  meetings, at such times and places as the Commission may

  8  prescribe by rule. Special meetings may be held on the call of

  9  the Mayor or upon the call of three members of the Commission

10  and upon no less than 24 hours' notice to each member and the

11  public, or such shorter time as a majority of the Commission

12  shall deem necessary in case of an emergency affecting life,

13  health, property, or the public peace.

14         (b)  QUORUM AND VOTING.--Any three members of the

15  Commission shall constitute a quorum. The affirmative vote of

16  three members of the Commission shall be required for any

17  legislative action. All voting shall be by roll call. Except

18  as otherwise specially provided in this Charter, no action of

19  the Commission shall be valid or binding unless adopted by the

20  affirmative votes of at least three Commission members. In the

21  event that three or more members of the Commission are

22  ineligible to vote on a particular matter due to required

23  abstention pursuant to Florida law, then the remaining members

24  of the Commission may vote and approve such matter by

25  unanimous vote.

26         Section 4.02  Prohibitions.--

27         (a)  APPOINTMENTS AND REMOVALS.--Neither the Commission

28  nor any of its members shall in any manner dictate the

29  appointment or removal of any City administrative officers or

30  employees whom the Manager or any of his or her subordinates

31  is empowered to appoint, but the Commission members may

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  1  express their views and fully and freely discuss with the

  2  Manager anything pertaining to appointment and removal of such

  3  officers and employees.

  4         (b)  INTERFERENCE WITH ADMINISTRATION.--Except for the

  5  purpose of inquiries and investigations made in good faith,

  6  the Commission or its members shall deal with City officers

  7  and employees who are subject to the direction and supervision

  8  of the Manager solely through the Manager, and neither the

  9  Commission nor its members shall give orders to any such

10  officer or employee, either publicly or privately. It is the

11  express intent of this Charter that recommendations for

12  improvement in City government operations by individual

13  Commission members be made solely to and through the Manager.

14  Commission members may discuss with the Manager any matter of

15  City business; however, no individual Commission member shall

16  give orders to the Manager.

17         (c)  HOLDING OTHER OFFICE.--No elected City official

18  shall hold any appointive City office or City employment while

19  in office. No former elected City official shall hold any

20  compensated appointive City office or City employment until 1

21  year after the expiration of his or her term.

22         Section 4.03  Emergency ordinances.--

23         (a)  AUTHORIZATION; FORM.--To meet a public emergency

24  affecting life, health, property, or the public peace, the

25  Commission may adopt, in the manner provided by Florida

26  Statutes, one or more emergency ordinances, but such

27  ordinances may not: enact or amend a land use plan or rezone

28  private property; levy taxes; grant, renew, or extend any

29  municipal franchise; set service or user charges for any

30  municipal services; or authorize the borrowing of money except

31  as provided under the emergency appropriations provisions of

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  1  this Charter if applicable.  An emergency ordinance shall be

  2  introduced in the form and manner prescribed for ordinances

  3  generally, except that it shall be plainly designated in a

  4  preamble as an emergency ordinance and shall contain, after

  5  the enacting clause, a declaration stating that an emergency

  6  exists and describing it in clear and specific terms.

  7         (b)  PROCEDURE.--Upon the affirmative vote of four

  8  Commission members, an emergency ordinance may be adopted with

  9  or without amendment or rejected at the meeting at which it is

10  introduced. After its adoption, the ordinance shall be

11  advertised and printed as prescribed for other ordinances.

12         (c)  EFFECTIVE DATE.--Emergency ordinances shall become

13  effective upon adoption or at such other date as may be

14  specified in the ordinance.

15         (d)  REPEAL.--Every emergency ordinance except

16  emergency appropriation ordinances shall automatically be

17  repealed as of the 61st day following its effective date, but

18  this shall not prevent reenactment of the ordinance under

19  regular procedures or, if the emergency still exists, in the

20  manner specified in this Section. An emergency ordinance may

21  also be repealed by adoption of a repealing ordinance in the

22  same manner specified in this Section for adoption of

23  emergency ordinances.

24         (e)  EMERGENCY APPROPRIATIONS.--To meet a public

25  emergency affecting life, health, property, or the public

26  peace, the Commission, by resolution, may make emergency

27  appropriations.  To the extent that there are no

28  unappropriated revenues to meet such appropriation, the

29  Commission may by such emergency resolution authorize the

30  issuance of emergency notes, which may be renewed from time to

31  time, but the emergency notes and renewals in any fiscal year

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  1  shall be paid not later than the last day of the fiscal year

  2  succeeding that in which the emergency appropriations were

  3  made.

  4         Section 4.04  Annual budget adoption.--

  5         (a)  BALANCED BUDGET.--Each annual budget adopted by

  6  the Commission shall not provide for expenditures in an amount

  7  greater than the revenues budgeted.

  8         (b)  BUDGET ADOPTION.--The budget shall be adopted in

  9  accordance with applicable Florida Statutes and any amendments

10  thereto.

11         (c)  SPECIFIC APPROPRIATION.--The budget shall be

12  specific as to the nature of each category of appropriations.

13  Reasonable appropriations may be made for contingencies, but

14  only within defined spending categories.

15         Section 4.05  Fiscal year.--The fiscal year of the City

16  government shall begin on the first day of October and shall

17  end on the last day of September of the following calendar

18  year, unless otherwise defined by Florida Statutes. Such

19  fiscal year shall also constitute the annual budget and

20  accounting year.

21         Section 4.06  Appropriation amendments during the

22  fiscal year.--

23         (a)  SUPPLEMENTAL APPROPRIATIONS.--If, during any

24  fiscal year, revenues in excess of those estimated in the

25  annual budget are available for appropriation, the Commission

26  may by ordinance make supplemental appropriations for the

27  fiscal year up to the amount of such excess.

28         (b)  REDUCTION OF APPROPRIATIONS.--If, at any time

29  during the fiscal year, it appears probable to the Manager

30  that the revenues available will be insufficient to meet the

31  amounts appropriated, he or she shall report to the Commission

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  1  without delay, indicating the estimated amount of the deficit

  2  and his or her recommendations as to the remedial action to be

  3  taken. The Commission shall then take such action as it deems

  4  appropriate to prevent any deficit spending not covered by

  5  adequate reserves.

  6         Section 4.07  Authentication, recording, and

  7  disposition of ordinances, resolutions, and Charter

  8  amendments.--

  9         (a)  AUTHENTICATION.--The Mayor and the Clerk shall

10  authenticate by their signatures all ordinances and

11  resolutions adopted by the Commission.  In addition, when

12  Charter amendments have been approved by the electors, the

13  Mayor and the Clerk shall authenticate by their signatures the

14  Charter amendment, such authentication to reflect the approval

15  of the Charter amendment by the electorate.

16         (b)  RECORDING.--The Clerk shall keep properly indexed

17  books in which shall be recorded, in full, all ordinances and

18  resolutions enacted or passed by the Commission. Ordinances

19  shall, at the direction of the Commission, be periodically

20  codified. The Clerk shall also maintain the City Charter in

21  current form as to all amendments.

22         (c)  PRINTING.--The Commission shall, by ordinance,

23  establish procedures for making all resolutions, ordinances,

24  technical codes adopted by reference, and this Charter

25  available for public inspection and available for purchase at

26  a reasonable price.

27         Section 4.08  Borrowing.--

28         (a)  Subject to the referendum requirements of the

29  State Constitution, if applicable, the City may from time to

30  time borrow money and issue bonds or other obligations or

31  evidence of indebtedness (collectively, "bonds") of any type

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  1  or character for any of the purposes for which the City is now

  2  or hereafter authorized by law to borrow money, including to

  3  finance the cost of any capital or other project and to refund

  4  any and all previous issues of bonds at or prior to maturity.

  5  Such bonds may be issued pursuant to one or more resolutions

  6  adopted by a majority of the City Commission.

  7         (b)  The City may assume all outstanding indebtedness

  8  related to facilities it acquires from other units of local

  9  government and be liable for payment thereon in accordance

10  with its terms.

11         Section 4.09  Independent audit.--The City Commission

12  shall provide for an independent annual audit of all City

13  accounts and may provide for more frequent audits as it deems

14  necessary. Such audits shall be made by a certified public

15  accountant or firm of such accountants who have no personal

16  interest, direct or indirect, in the fiscal affairs of the

17  City government or any of its officers.

18                       ARTICLE V. ELECTIONS

19         Section 5.01  Elections.--

20         (a)  ELECTORS.--Any person who is a resident of the

21  City, has qualified as an elector of the State, and registers

22  to vote in the manner prescribed by law shall be an elector of

23  the City.

24         (b)  NONPARTISAN ELECTIONS.--All elections for the

25  offices of Commission member and Mayor shall be conducted on a

26  nonpartisan basis.

27         (c)  ELECTION DATES.--A regular election shall be held

28  on the second Tuesday in March of even-numbered years

29  commencing in 2002.

30         (d)  GENERAL ELECTION.--The ballot for the general

31  election shall contain the names of all qualified candidates

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  1  for Mayor if the Mayor's term is expiring and for each of the

  2  two Commission seats which are to be filled as a result of two

  3  Commission members' terms expiring, and shall instruct

  4  electors to cast one vote for Mayor, if applicable, and one

  5  vote for each Commission seat, with a maximum of one vote per

  6  candidate. The candidate for Mayor receiving the most votes

  7  shall be the duly elected Mayor. The candidate receiving the

  8  most votes in each designated Commission seat, respectively,

  9  shall be the duly elected Commission member for that

10  designated Commission seat.

11         (e)  SPECIAL ELECTIONS.--Special elections, when

12  required, shall be scheduled by the Commission at such times

13  and in such manner as shall be consistent with this Charter

14  and state law.

15         (f)  SINGLE CANDIDATES.--No election for Mayor or any

16  Commission seat shall be required in any election if there is

17  only one duly qualified candidate for Mayor or for any

18  Commission seat.

19         (g)  COMMENCEMENT OF TERMS.--The term of office of any

20  elected official will commence immediately after the election.

21         (h)  ELECTION LAWS.--The election laws of the State of

22  Florida shall apply to all elections.

23                  ARTICLE VI. CHARTER AMENDMENTS

24         Section 6.01  Charter amendments.--This Charter may be

25  amended in accordance with the provisions of this Article.

26         Section 6.02  Procedure to amend.--

27         (a)  INITIATION.--This Charter may be amended in two

28  ways:

29         (1)  By ordinance.--The Commission may, by ordinance,

30  propose amendments to this Charter and upon passage of the

31  initiating ordinance shall submit the proposed amendment to a

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  1  vote of the electors at the next general election held within

  2  the City or at a special election called for such purpose.

  3         (2)  By petition.--The electors of the City may propose

  4  amendments to this Charter by petition pursuant to the

  5  requirements of chapter 166, Florida Statutes, as amended.

  6  Upon certification of the sufficiency of a petition, the

  7  Commission shall submit the proposed amendment to a vote of

  8  the electors at a general election or special election to be

  9  held not less than 60 days or more than 120 days from the date

10  on which the petition was certified or at a special election

11  called for such purpose.

12         (b)  RESULTS OF ELECTION.--If a majority of the

13  qualified electors voting on a proposed amendment votes for

14  its adoption, it shall be considered adopted upon

15  certification of the election results.  If conflicting

16  amendments are adopted at the same election, the one receiving

17  the greatest number of affirmative votes shall prevail to the

18  extent of such conflict.

19                 ARTICLE VII. GENERAL PROVISIONS

20         Section 7.01  Severability.--If any section or part of

21  a section of this Charter shall be held invalid by a court of

22  competent jurisdiction, such holding shall not affect the

23  remainder of this Charter or the context in which such section

24  or part of a section so held invalid may appear, except to the

25  extent that an entire section or part of a section may be

26  inseparably connected in meaning and effect with the section

27  or part of a section to which such holding shall directly

28  apply.

29         Section 7.02  Conflicts of interest; ethical

30  standards.--All Commission members, officials, and employees

31  of the City shall be subject to the standards of conduct for

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  1  public officers and employees set by Federal, State, County,

  2  or other applicable law.

  3         Section 7.03  City personnel system.--All new

  4  employments, appointments, and promotions of City officers and

  5  employees shall be made pursuant to personnel procedures to be

  6  established by the Manager from time to time.

  7         Section 7.04  Charitable contributions.--The City shall

  8  not make any charitable contribution to any person or entity

  9  unless authorized by the City Commission.

10         Section 7.05  Variation of pronouns.--All pronouns and

11  any variation thereof used in this Charter shall be deemed to

12  refer to masculine, feminine, neutral, singular, or plural as

13  the identity of the person or persons shall require and are

14  not intended to describe, interpret, define, or limit the

15  scope, extent, or intent of this Charter.

16         Section 7.06  Style and capitalization.--When a defined

17  word is enclosed in quotes and in parentheses after the

18  definition, that word shall be treated as a defined term in

19  the remainder of this Charter, when capitalized.

20         Section 7.07  Calendar day.--For the purposes of this

21  Charter, a day shall mean a calendar day.

22               ARTICLE VIII. TRANSITION PROVISIONS

23         Section 8.01  Referendum for incorporation.--A

24  referendum election called for by this act shall be held June

25  6, 2000, at which time the following question shall be placed

26  upon the ballot in Precincts                     (or any

27  future restructuring and/or renumbering of said precincts of

28  the geographical area described in Section 1.03 hereof, as may

29  be determined by the Supervisor of Elections):

30           INCORPORATION OR ANNEXATION OF THE PRESENTLY

31                UNINCORPORATED AREA OF NE BROWARD

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  1

  2         The presently unincorporated area of NE Broward

  3         County shall be (select one):

  4

  5              Incorporated into the City of New City

  6         according to Chapter 2000-    , Laws of

  7         Florida, creating the New City and providing

  8         its Charter.

  9

10              Consolidated into the City of Pompano

11         Beach.

12

13  In the event the question regarding the incorporation of the

14  City of New City is answered affirmatively by a majority of

15  voters voting in the referendum, the provisions of this

16  Charter shall take effect as provided herein and the corporate

17  boundaries of the City shall be as set forth in Section 1.03

18  of this Charter.

19         Section 8.02  Creation and establishment of City.--For

20  the purpose of compliance with Florida Statutes, relating to

21  assessment and collection of ad valorem taxes, the City is

22  hereby created and established effective upon approval of this

23  Charter by the electorate at the June 6, 2000, referendum.

24         Section 8.03  Initial election of Commission members;

25  dates; qualifying period; certification of election results;

26  induction into office.--

27         (a)  DATES.--Following the adoption of this Charter in

28  accordance with Section 8.01, a special election for the

29  election of the Mayor and four Commission members shall be

30  held on July 25, 2000.

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  1         (b)  QUALIFYING PERIOD.--Any individual wishing to run

  2  for Mayor or one of the four Commission seats shall qualify as

  3  a candidate with the Broward County Supervisor of Elections,

  4  between June 8, 2000, and June 23, 2000, in accordance with

  5  the provisions of this Charter and general law.

  6         (c)  CERTIFICATION OF ELECTION RESULTS.--For the

  7  initial election, a canvassing board shall be appointed by the

  8  Broward County Board of Commissioners which shall certify the

  9  results of the election. At the first election under this

10  Charter the four candidates receiving the highest number of

11  votes shall be elected. At such initial election, seats shall

12  not be designated. Of the elected candidates, the two

13  receiving the greatest number of votes shall serve until their

14  successors are elected in March 2004 and assume the duties of

15  the office, and the remaining two shall serve until their

16  successors are elected in March 2002 and assume the duties of

17  the office. The candidate receiving the highest number of

18  votes shall occupy seat 1; the candidate receiving the second

19  highest number shall occupy seat 2; the candidate receiving

20  the third highest number shall occupy seat 3; and the

21  candidate receiving the fourth highest number shall occupy

22  seat 4.  Thereafter, all Commission members shall be elected

23  for 4-year terms. The mayoral candidate receiving the highest

24  number of votes shall be elected. The Mayor shall be elected

25  at the first election to serve until his or her successor is

26  elected in March 2004, and assumes the duties of the office,

27  and for a 4-year term at all subsequent elections.

28         (d)  INDUCTION INTO OFFICE.--Those candidates who are

29  elected on July 25, 2000, shall take office at the initial

30  City Commission meeting which shall be held at 7:30 p.m. on

31  August 8, 2000, at a place to be designated by the Mayor.

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  1         Section 8.04  Temporary nature of Article.--The

  2  following sections of this Article are inserted solely for the

  3  purpose of effecting the incorporation of the City and the

  4  transition to a new municipal government. Each section of this

  5  Article shall automatically, and without further vote or act

  6  of the electors of the City, become ineffective and no longer

  7  a part of this Charter at such time as the implementation of

  8  such section has been accomplished.

  9         Section 8.05  Interim adoption of codes and

10  ordinances.--Until otherwise modified or replaced by this

11  Charter or the City Commission, all codes, ordinances, and

12  resolutions of Broward County, Florida, in effect on the day

13  of adoption of this Charter shall, to the extent applicable to

14  the City, remain in force and effect as municipal codes,

15  ordinances, and resolutions of the City.  Until otherwise

16  determined by the City Commission, said codes, ordinances, and

17  resolutions shall be applied, interpreted, and implemented by

18  the City in a manner consistent with established policies of

19  Broward County on the date of this Charter.

20         Section 8.06  Taxes and fees.--Until otherwise modified

21  by the City Commission, all municipal taxes and fees imposed

22  within the City boundaries by the County as the municipal

23  government for unincorporated Broward County, which taxes and

24  fees are in effect on the date of adoption of this Charter,

25  shall continue at the same rate and on the same conditions as

26  if those taxes and fees had been adopted and assessed by the

27  City.

28         Section 8.07  First year expenses.--The City

29  Commission, in order to provide moneys for the expenses and

30  support of the City, shall have the power to borrow money

31  necessary for the operation of City Government until such time

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  1  as a budget is adopted and revenues are raised in accordance

  2  with the provisions of this Charter.

  3         Section 8.08  Transitional ordinances and

  4  resolutions.--The Commission shall adopt ordinances and

  5  resolutions required to effect the transition. Ordinances

  6  adopted within 60 days after the first Commission meeting may

  7  be passed as emergency ordinances. These transitional

  8  ordinances shall be effective for no longer than 90 days after

  9  adoption, and thereafter may be readopted, renewed, or

10  otherwise continued only in the manner normally prescribed for

11  ordinances.

12         Section 8.09  State shared revenues.--The City shall be

13  entitled to participate in all shared revenue programs of the

14  State of Florida effective immediately on the date of

15  incorporation. The provisions of section 218.23, Florida

16  Statutes, shall be waived for the purpose of eligibility to

17  receive revenue sharing from the date of incorporation through

18  the end of the state fiscal year.  The provisions of section

19  218.26(3), Florida Statutes, shall be waived for the state

20  fiscal year and the apportionment factors for the

21  municipalities and counties shall be recalculated pursuant to

22  section 218.245, Florida Statutes.  Initial population for

23  calculating eligibility for shared revenues shall be

24  established at the level of 29,000 as of the effective date of

25  this Charter.

26         Section 8.10  Gas tax revenues.--Notwithstanding the

27  requirements of section 336.025, Florida Statutes, to the

28  contrary, the City shall be entitled to receive local option

29  gas tax revenues beginning October 1, 2000.  These revenues

30  shall be distributed in accordance with the interlocal

31  agreement with Broward County.

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  1         Section 8.11  Shared revenues.--Broward County shall

  2  distribute to the City taxes, franchise fees, state revenue

  3  sharing funds, and ad valorem revenues collected within the

  4  municipal boundaries of the City. This calculation shall be

  5  based upon a population projection of 29,000 in anticipation

  6  of the year 2000 census.

  7         Section 8.12  Infrastructure fund remittance.--On the

  8  day of the New City's incorporation, Broward County shall

  9  remit to the City a sum of $        million for

10  infrastructure.

11         Section 8.13  Conflicting provisions.--In the event of

12  a conflict between the provisions of this special act and any

13  other provision contained in general or special laws, the

14  provisions of this special act shall prevail, but shall not

15  operate to repeal said conflicting provisions unless

16  specifically provided herein.

17         Section 2.  This act shall take effect upon becoming a

18  law.

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