CODING: Words stricken are deletions; words underlined are additions.
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
CHAMBER ACTION
Senate House
.
.
1 .
.
2 .
.
3 .
.
4
5 ORIGINAL STAMP BELOW
6
7
8
9
10
11 The Committee on Community Affairs offered the following:
12
13 Amendment
14 Remove from the bill: Everything after the enacting clause
15
16 and insert in lieu thereof:
17 Section 1. The charter of the Town of Southwest
18 Ranches, Broward County, is created to read:
19
20 ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT,
21 BOUNDARY AND POWERS
22 Section 1.01. Corporate existence.--In order to
23 preserve, protect, and enhance the quality of life and
24 residential character of the Southwest Ranches, a municipal
25 corporation known as the Town of Southwest Ranches (the
26 "Town") is hereby created pursuant to the Constitution of the
27 State of Florida (the "State"). The corporate existence of
28 the Town shall commence upon the adoption of this Charter by
29 the electorate pursuant to section 9.01 of this charter.
30 Section 1.02. Form of government.--The Town shall have
31 a "Council-Administrator" form of government.
1
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Section 1.03. Corporate boundary.--
2
3 DESCRIPTION
4 TOWN OF SOUTHWEST RANCHES
5 ANNEXATION AREA
6
7 Portions of Sections 26,27,33,34 and 35 of
8 Township 50 South, Range 40 East, together with
9 portions of Sections 2 and 3 of Township 51
10 South, Range 40 East, being more particularly
11 described as follows:
12
13 BEGINNING at the Southwest corner of Section 1,
14 Township 51 South, Range 40 East, said point
15 also being the Southeast corner of Section 2,
16 Township 51 South, Range 40 East;
17
18 Thence (on the municipal boundary of the City
19 of Pembroke Pines as established by Ordinance
20 Number 362) Westerly on the South line of said
21 Section 2, also being the North line of Section
22 11, Township 51 South, Range 40 East and the
23 South line of Section 3, also being the North
24 line of Section 10, Township 51 South, Range 40
25 East, to the intersection with the Southerly
26 prolongation of the East line of Tract A of
27 ABUNDANT LIVING MINISTRIES according to the
28 plat thereof as recorded in Plat Book 139, Page
29 13, of the Public Records of Broward County;
30
31 The next Three (3) courses being on the
2
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 municipal boundary of the City of Pembroke
2 Pines as established by Ordinance Numbers 868
3 and 908;
4
5 Thence North, on East line of said Tract A and
6 its Southerly prolongation to the intersection
7 with the North line of the South one-half (S
8 1/2) of Tract 56 in Section 3, Township 51
9 South, Range 40 EAst as shown on THE EVERGLADES
10 SUGAR & LAND CO. SUBDIVISION, according to the
11 plat thereof as recorded in Plat Book 2, Page
12 39, of the Public Records of Dade County,
13 Florida;
14
15 Thence West on the North line of the South
16 one-Half (S 1/2) of said Tracts 54, 55 and said
17 Tract 56, all in Section 3 and as shown on said
18 EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION
19 to the Northwest corner of said South one-half
20 (S 1/2) of Tract 54;
21
22 Thence South on the West line of said Tract 54
23 and its Southerly prolongation to the
24 intersection with said South line of Section 3;
25
26 Thence (on the municipal boundary of the City
27 of Pembroke Pines as established by Ordinance
28 Number 362) Westerly on the South line of said
29 Section 3, Township 51 South, Range 40 East, to
30 the Southwest Corner of said Section 3, said
31 point also being the Southeast Corner of
3
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Section 4;
2
3 The next Seven (7) courses being on the
4 municipal boundary of the Town of Davie as
5 established by Ordinance Number 86-14;
6
7 Thence Northerly on the West line of said
8 Section 3, said line also being the East line
9 of said Section 4 and on the East line of said
10 Section 33, said line also being the West line
11 of said Section 34 to a point on the North line
12 of the Southeast one-quarter (SE 1/4) of said
13 Section 33;
14
15 Thence Westerly on said North line of the
16 Southeast one-quarter (SE 1/4) of said Section
17 33 to an intersection with the northerly
18 prolongation of the East boundary of Tract 64
19 in said Section 33 of FLORIDA FRUIT LANDS
20 COMPANY SUBDIVISION NO. 1, as recorded in Plat
21 Book 2, Page 17, of the Public Records of Dade
22 County, Florida;
23
24 Thence Southerly on said northerly prolongation
25 and said East boundary of Tract 64 to the
26 Southeast corner of said Tract 64;
27
28 Thence Westerly on the South line of said Tract
29 64 to the intersection with the Easterly
30 right-of-way line of Interstate 75;
31
4
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Thence Northerly on the said Easterly
2 right-of-way line of Interstate 75 to the
3 intersection with the South line of the plat of
4 REGENCY as recorded in Plat Book 121, Page 48,
5 of the Public Records of Broward County,
6 Florida;
7
8 Thence Easterly on the said South line of the
9 plat of REGENCY and its Easterly prolongation
10 to the intersection with the East line of
11 Section 33, Township 50 South, Range 40 East;
12
13 Thence Northerly on the East line of said
14 Section 33 and the East line of Section 28,
15 Township 50 South, Range 40 East to a point on
16 the centerline of the South Florida Water
17 Management District Canal C-11 (South New River
18 Canal);
19
20 Thence (on the municipal boundary of the Town
21 of Davie as established by Ordinance Number
22 74-44) Easterly on the centerline of the South
23 Florida Water Management District Canal C-11
24 (South New River Canal) to an intersection with
25 the East line of Section 26, Township 50 South,
26 Range 40 East;
27
28 The next Ten (10) courses being on the
29 municipal boundary of Cooper City as
30 established by Ordinance Numbers 87-10-2,
31 87-10-3 and 89-5-8;
5
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1
2 Thence Southerly on the said East line of said
3 Section 26 to an intersection with the South
4 right-of-way line of the South Florida Water
5 Management District Canal C-11 (South New River
6 Canal);
7
8 Thence Westerly on said South right-of-way line
9 to an intersection with a line 660 feet West of
10 and parallel with the East line of said Section
11 26;
12
13 Thence Southerly on said parallel line to an
14 intersection with the South line of said
15 Section 26, said line also being the North line
16 of Section 35, Township 50 South, Range 40
17 East;
18
19 Thence Westerly on the said South line of
20 Section 26 and said North line of Section 35 to
21 the Northwest corner of said Section 35,
22 Township 50 South, Range 40 East;
23
24 Thence Southerly on the West line of said
25 Section 35 to the Southwest corner of the
26 Northwest one-quarter (NW 1/4) of said Section
27 35;
28
29 Thence Easterly on the South line of the
30 Northwest one-quarter (NW 1/4) of said Section
31 35 to the Southeast corner of the Northwest
6
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 one-quarter of said Section 35;
2
3 Thence Northerly on the East line of the
4 Northwest one-quarter (NW 1/4) of said Section
5 35 to an intersection with the westerly
6 prolongation of the South line of Tract 13 of
7 said Section 35 of FLORIDA FRUIT LANDS COMPANY
8 SUBDIVISION NO. 1, as recorded in Plat Book 2,
9 Page 17, of the Public Records of Dade County,
10 Florida;
11
12 Thence Easterly on the said Westerly
13 prolongation and the said South line of Tract
14 13 to the Southeast corner of said Tract 13,
15 said point also being the Northwest corner of
16 Tract 5 of said Section 35 of FLORIDA FRUIT
17 LANDS COMPANY SUBDIVISION NO. 1, as recorded in
18 Plat Book 2, Page 17, of the Public Records of
19 Dade County, Florida;
20
21 Thence Southerly on the West line of said Tract
22 5 to the Southwest corner of said Tract 5;
23
24 Thence Easterly on the South line of said Tract
25 5 and its Easterly prolongation to the East
26 line of said Section 35;
27
28 The next Three (3) courses being on the
29 municipal boundary of Cooper City as
30 established by Ordinance Number 95-10-1;
31
7
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Thence Southerly on the East line of said
2 Section 35 to an intersection with the Easterly
3 prolongation of the North line of Tract 54 of
4 said Section 35 of FLORIDA FRUIT LANDS COMPANY
5 SUBDIVISION NO. 1, as recorded in Plat Book 2,
6 Page 17, of the Public Records of Dade County,
7 Florida;
8
9 Thence Westerly on the Easterly prolongation
10 and the North line of said Tract 54 to an
11 intersection with a line lying 949 feet East of
12 and parallel to the West line of said Tract 54;
13
14 Thence Southerly on said parallel line to an
15 intersection with the South line of said Tract
16 54, said line also being the North line of
17 Tract A, Flamingo Road Baptist Church, as
18 recorded in Plat Book 112, Page 34, of the
19 Public Records of Broward County, Florida;
20
21 Thence Westerly on said South line of Tract 54,
22 also being the North line of said Tract A,
23 Flamingo Road Baptist Church to the Northwest
24 corner of said Tract A;
25
26 Thence Southerly on the West line of said Tract
27 A, Flamingo Road Baptist Church and its
28 Southerly prolongation to the intersection with
29 the South line of Section 35, Township 50
30 South, Range 40 East, said point also being the
31 North line of Section 2, Township 51 South,
8
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Range 40 East;
2
3 The next Five (5) courses being on the
4 municipal boundary of Cooper City as
5 established by Ordinance Number 86-12-21;
6
7 Thence Westerly on the North line of the
8 Northeast one-quarter (NE 1/4) of said Section
9 2 to the intersection with the Northerly
10 prolongation of the East line of SHERIDAN HOUSE
11 PLAT NO. 2, as recorded in Plat Book 122, Page
12 42, of the Public Records of Broward County,
13 Florida;
14
15 Thence Southerly to the Southeast along said
16 East line and its Northerly prolongation corner
17 of SHERIDAN HOUSE PLAT NO. 2;
18
19 Thence Westerly on the South line of said
20 SHERIDAN HOUSE PLAT NO. 2 to an intersection
21 with the East right-of-way line of Appaloosa
22 Trail (SW 127th Avenue), as recorded in Deed
23 Book 4230, Page 626, of the Public Records of
24 Broward County, Florida;
25
26 Thence Southerly on said East right-of-way line
27 to an intersection with the South line of Tract
28 4 of said Section 2 of THE EVERGLADES SUGAR &
29 LAND CO., as recorded in Plat Book 2, Page 39
30 of the Public Records of Dade County, Florida;
31
9
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Thence Easterly on said South line of Tract 4
2 to an intersection with the West line of the
3 East one-half (E 1/2) of Tracts 29 and 30 of
4 said Section 2 of THE EVERGLADES SUGAR & LAND
5 CO., as recorded in Plat Book 2, Page 39 of the
6 Public Records of Dade County, Florida;
7
8 Thence (on the municipal boundary of Cooper
9 City as established by Ordinance Number 87-2-3)
10 Southerly on the said West line of the East
11 one-half (E 1/2) of Tracts 29 and 30 of said
12 Section 2 of THE EVERGLADES SUGAR & LAND CO.,
13 to an intersection with the North line of
14 SCHOTT MEMORIAL PLAT, as recorded in Plat Book
15 158, Page 32, of the Public Records of Broward
16 County, Florida;
17
18 The next Three (3) courses being on the
19 municipal boundary of Cooper City as
20 established by Ordinance Number 97-1-1;
21
22 Westerly on the North line of said SCHOTT
23 MEMORIAL PLAT, as recorded in Plat Book 158,
24 Page 32, of the Public Records of Broward
25 County, Florida, to the Northwest corner of
26 said SCHOTT MEMORIAL PLAT;
27
28 Thence Southerly on the West line of said
29 SCHOTT MEMORIAL PLAT, to the Southwest corner
30 of said SCHOTT MEMORIAL PLAT;
31
10
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Thence Easterly on the South line of said
2 SCHOTT MEMORIAL PLAT and its Easterly
3 prolongation to an intersection with the East
4 line of Section 2, Township 51 South, Range 40
5 East;
6
7 Thence (on the municipal boundary of Cooper
8 City as established by Ordinance Number 84-2-1)
9 Southerly on the East line of said Section 2 to
10 the POINT OF BEGINNING;
11
12 TOGETHER WITH;
13
14 Tract 4, and the 15 foot platted right-of-way
15 lying East of and adjacent to said Tract 4, all
16 lying within Section 35, Township 50 South,
17 Range 40 East of FLORIDA FRUIT LANDS COMPANY'S
18 SUBDIVISION NO. 1, according to the plat
19 thereof as recorded in Plat Book 2, Page 17 of
20 the Public Records of Broward County, Florida;
21
22 TOGETHER WITH;
23
24 Portions of Sections 4,5 and 6 of Township 51
25 South, Range 40 East, together with a portions
26 of Sections 1 and 3 of Township 51 South, Range
27 39 East, together with portions of sections
28 28,29,30,31,32 and 33 of Township 50 South,
29 Range 40 East, together with portions of
30 Sections 25,26,27,34,35 and 36 of Township 50
31 South, Range 39 East, being more particularly
11
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 described as follows:
2
3 BEGINNING at the Southwest corner of the East
4 one-half (E 1/2) of the Southwest one-quarter
5 (SW 1/4) of Section 4, Township 51 South, Range
6 40 East;
7
8 The next Two (2) courses being on the municipal
9 boundary line of the City of Pembroke Pines as
10 established by Ordinance Number 536;
11
12 Thence Westerly, on the South line of said
13 Section 4 to the Southwest corner of said
14 Section 4, said point also being the Southeast
15 corner of Section 5, Township 51 South, Range
16 40 East;
17
18 Thence Westerly on the South line of said
19 Section 5 to an intersection with a line 72
20 feet West of and parallel with the East line of
21 said Section 5:
22
23 Thence Northerly, on said parallel line a
24 distance of 135.88 feet to a point on the
25 Easterly Plat limits line of STONERIDGE LAKE
26 ESTATES PLAT, as recorded in Plat Book 157,
27 Page 49 of the Public Records of Broward
28 County, Florida, said point being labeled as
29 "P.O.B. (Parcel 1)" on said plat;
30
31 The next Five (5) courses being on the
12
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 municipal boundary of the City of Pembroke
2 Pines as established by Ordinance Number 1118;
3
4 Thence Northerly on said parallel line, a
5 distance of 299.99 feet;
6
7 Thence Easterly a distance of 15.00 feet to an
8 intersection with a line 57 feet West of and
9 parallel with the East line of said Section 5;
10
11 Thence Northerly on said parallel line, a
12 distance of 1,559.50 feet to an intersection
13 with the North line of Tract 51 of said Section
14 5, Township 51 South, Range 40 East, of FLORIDA
15 FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, as
16 recorded in Plat Book 2, Page 17, of the Public
17 Records of Dade County, Florida, said line also
18 being the Plat Limits line of said STONERIDGE
19 LAKE ESTATES PLAT;
20
21 Thence Westerly on said Plat Limits line, and
22 on the North line of said Tract 51 and the
23 North line of Tract 62 of said Section 5 of
24 said plat of FLORIDA FRUIT LANDS COMPANY'S
25 SUBDIVISION NO. 1, to the Northwest corner of
26 said Tract 62;
27
28 Thence Southerly on the West line of said Tract
29 62 and the West line of Tract 61 of said
30 Section 5, of said FLORIDA FRUIT LANDS
31 COMPANY'S SUBDIVISION NO. 1, (said line
13
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 described as being 15 feet East of and parallel
2 with the West line of the Southeast one-quarter
3 (SE 1/4) of said Section 5 by said Pembroke
4 Pines Ordinance Number 1118) to an intersection
5 with the Easterly prolongation of the North
6 line of Tract 37 of said Section 5 of said
7 FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO.
8 1;
9
10 The next Two (2) courses being on the municipal
11 boundary of the City of Pembroke Pines as
12 established by Ordinance Number 1084;
13
14 Thence Westerly on the North line of said Tract
15 37 and the Easterly prolongation thereof, and
16 on the North line of Tract 44 of said Section 5
17 of said FLORIDA FRUIT LANDS COMPANY'S
18 SUBDIVISION NO. 1, to the Northwest corner of
19 said Tract 44;
20
21 Thence Southerly on the West line of said Tract
22 44 and on the West line of Tracts 43, 42 and
23 41, and the Southerly prolongation thereof, of
24 said Section 5 of said FLORIDA FRUIT LANDS
25 COMPANY'S SUBDIVISION NO. 1, said line being 15
26 feet East of and parallel with the West line of
27 said Section 5, to an intersection with the
28 South line of said Section 5;
29
30 The next Two courses being on the municipal
31 boundary of the City of Pembroke Pines as
14
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 established by Ordinance Number 536;
2
3 Thence Westerly on the South line of said
4 Section 5 and on the South line of Section 6,
5 Township 51 South, Range 40 East to the
6 Southwest corner of said Section 6, also being
7 the Southeast corner of Section 1, Township 51
8 South, Range 39 East;
9
10 Thence continue Westerly on the South line of
11 said Section 1, to an intersection with the
12 East line of Tract 59 of said Section 1, as
13 shown on THE EVERGLADES LAND COMPANY, as
14 recorded in Plat Book 2, Page 1, of the Public
15 Records of Dade County, Florida;
16
17 Thence (on the municipal boundary of the City
18 of Pembroke Pines as established by Ordinance
19 Numbers 916 and 915) Northerly on the East line
20 of Tracts 59,54,43,38 and 27 to the Northeast
21 corner of said Tract 27 of said Section 1 as
22 shown on said plat of THE EVERGLADES LAND
23 COMPANY;
24
25 The next Three (3) courses being on the
26 municipal boundary of the City of Pembroke
27 Pines as established by Ordinance Number 1163;
28
29 Thence Easterly on the South line of Tracts 21
30 and 20 of said Section 1 as shown on said plat
31 of THE EVERGLADES LAND COMPANY, to an
15
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 intersection with the East line of the West
2 one-half (W 1/2) of said Tract 20;
3
4 Thence Northerly on the East line of the West
5 one-half (W 1/2) of said Tract 20 to an
6 intersection with the North line of the South
7 one-half (S 1/2) of said Tract 20;
8
9 Thence Westerly on the North line of the South
10 one-half (S 1/2) of said Tracts 20 and 21 of
11 said Section 1, to an intersection with the
12 West line of said Tract 21, also being the East
13 line of Tract 22 of said Section 1;
14
15 Thence (on the municipal boundary of the City
16 of Pembroke pines as established Ordinance
17 Number 916) Northerly on the East line of
18 Tracts 22,11 and 6 to the North line of said
19 Section 1, of said plat of THE EVERGLADES LAND
20 COMPANY;
21
22 Thence (on the municipal boundary of the City
23 of Pembroke Pines as established by Ordinance
24 Numbers 916 and 910) Westerly on the North line
25 of said Section 1, also being the South line of
26 Section 36, Township 50 South, Range 39 East to
27 the intersection with the East line of Tract 58
28 in said Section 36, as shown on THE EVERGLADES
29 LAND COMPANY'S SUBDIVISION OF SECTION 36 &
30 SOUTH HALF OF SECTION 25, TOWNSHIP 50 SOUTH,
31 RANGE 39 EAST, as recorded in Plat Book 1, Page
16
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 63 of the Public Records of Dade County,
2 Florida;
3
4 Thence (on the municipal boundary of the City
5 of Pembroke Pines as established by Ordinance
6 Number 907) Northerly on the East lines of
7 Tracts 58,55 and 42 in said Section 36 as shown
8 on said plat of THE EVERGLADES LAND COMPANY'S
9 SUBDIVISION OF SECTION 36 & SOUTH HALF OF
10 SECTION 25, TOWNSHIP 50 SOUTH, RANGE 39 EAST to
11 the Northeast corner of said Tract 42, said
12 point also being the Southeast corner of
13 FRONTIER TRAILS, as recorded in Plat Book 97,
14 Page 8, of the Public Records of Broward
15 County, Florida;
16
17 The next Three (3) courses being on the
18 municipal boundary of the City of Pembroke
19 Pines as established by Ordinance Number 930;
20
21 Thence Northerly on the East line of said
22 FRONTIER TRAILS to the Northeast corner of said
23 FRONTIER TRAILS, said corner being on the
24 center line of the right-of-way for Southwest
25 51st Manor (a 50 foot right-of-way);
26
27 Thence Westerly on said center line to the
28 Northwest corner of said FRONTIER TRAILS;
29
30 Thence Southerly on the West line of said
31 FRONTIER TRAILS to the Southwest corner of said
17
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 FRONTIER TRAILS, said point also being the
2 Northwest corner of Tract 42 of said Section 36
3 of the Plat of THE EVERGLADES LAND COMPANY'S
4 SUBDIVISION OF SECTION 36 & SOUTH HALF OF
5 SECTION 25, TOWNSHIP 50 SOUTH, RANGE 39 EAST;
6
7 Thence (on the municipal boundary of the City
8 of Pembroke Pines as established by Ordinance
9 Number 907) Southerly on the West line of said
10 Tracts 42,55 and 58 to an intersection with the
11 south line of said Section 36;
12
13 Thence (on the municipal boundary of the City
14 of Pembroke Pines as established by Ordinance
15 Number 907) Westerly on said South line of
16 Section 36 and the South line of Section 35,
17 Township 50 South, Range 39 East to an
18 intersection with the Southerly prolongation of
19 the East line of SELIGMAN-KIA ACRES, according
20 to the Plat thereof, as recorded in Plat Book
21 104, Page 40 of the Public Records of Broward
22 County, Florida;
23
24 The next Four (4) courses being on the
25 municipal boundary of the City of Pembroke
26 Pines as established by Ordinance Number 909;
27
28 Thence Northerly on said East line of
29 SELIGMAN-KIA ACRES and its Southerly
30 prolongation to the Northeast corner of Lot 8,
31 Block 4, of said SELIGMAN-KIA ACRES
18
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1
2 Thence Westerly on said North line of Lot 8,
3 Block 4 and its Westerly prolongation to the
4 Northeast corner of Lot 8, Block 3 of said
5 SELIGMAN-KIA ACRES;
6
7 Thence continue Westerly on the North line of
8 said Lot 8, Block 3 to the Northwest corner of
9 said Lot 8, Block 3, said corner being located
10 on the West line of said SELIGMAN-KIA ACRES;
11
12 Thence Southerly on said West line of
13 SELIGMAN-KIA ACRES to an intersection with a
14 line 91.69 feet North of and parallel with the
15 South line of Tract 20 in said Section 35 of
16 THE EVERGLADES LAND COMPANY, as recorded in
17 Plat Book 2, Page 1, of the Public Records of
18 Dade County, Florida, (said South line of Tract
19 20 also being the South boundary of
20 SELIGMAN-DURANGO WEST as recorded in Plat Book
21 98, Page 48, of the Public Records of Broward
22 County, Florida);
23
24 The next Three (3) courses being on the
25 municipal boundary of the City of Pembroke
26 Pines as established by Ordinance Number 907;
27
28 Thence Westerly on said parallel line to an
29 intersection with the East line of the
30 Northwest one-quarter (NW 1/4) of said Section
31 35, said line also being the Centerline of the
19
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 right-of-way of Southwest 202nd Avenue;
2
3 Thence Northerly on said East line of the
4 Northwest one-quarter (NW 1/4) of said Section
5 35, to an intersection with the Southerly
6 boundary of TRAILS OF EL RANCHO ACRES, as
7 recorded in Plat Book 93, Page 34, of the
8 Public Records of Broward County, Florida;
9
10 Thence Westerly on said Southerly boundary of
11 TRAILS OF EL RANCHO ACRES to an intersection
12 with the East line of Tract 9 of said Section
13 35, of THE EVERGLADES LAND COMPANY, as recorded
14 in Plat Book 2, Page 1, of the Public Records
15 of Dade County, Florida;
16
17 The next Five (5) courses being on the
18 municipal boundary of the City of Pembroke
19 Pines as established by Ordinance Numbers 1046
20 and 1041;
21
22 Thence Northerly on the East line of said
23 Tracts 9 and 8 of said Section 35 and
24 continuing Northerly on the East line of Tract
25 57 of Section 26, Township 50 South, Range 39
26 East of said plat of THE EVERGLADES LAND
27 COMPANY to an intersection with a line 726 feet
28 South of and parallel with the South
29 right-of-way line of Griffin Road;
30
31 Thence Westerly on said parallel line to an
20
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 intersection with a line 239.93 feet West of
2 and parallel with the East line of Tracts 57
3 and 56 of said Section 26 of said plat of THE
4 EVERGLADES LAND COMPANY;
5
6 Thence Northerly on said parallel line to an
7 intersection with the South right-of-way line
8 of Griffin Road;
9
10 Thence Westerly on said South right-of-way line
11 of Griffin Road to an intersection with the
12 West line of Section 26, Township 50 South,
13 Range 39 East;
14
15 Thence Southerly on the West line of line of
16 said Section 26, and continuing Southerly on
17 the West line of Section 35, Township 50 South,
18 Range 39 East, to an intersection with the
19 Easterly prolongation of the North line of
20 Tract 32 of Section 34, Township 50 South,
21 Range 39 East of said plat of THE EVERGLADES
22 LAND COMPANY;
23
24 The next Three (3) courses being on the
25 municipal boundary of the City of Pembroke
26 Pines as established by Ordinance Number 1047;
27
28 Thence Westerly on the said Easterly
29 prolongation and said North line of said Tract
30 32 to the Northwest corner of said Tract 32;
31
21
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Thence Southerly on the West line of said Tract
2 32 to an intersection with the South line of
3 the North one-half (N 1/2) of Tract 32 of
4 Section 34, Township 50 South, Range 39 East;
5
6 Thence Easterly on said South line of the North
7 one-half (N 1/2) of Tract 32 and its Easterly
8 prolongation to an intersection with the East
9 line of Section 34, Township 50 South, Range 39
10 East, said line also being the West line of
11 Section 35, Township 50 South, Range 39 East;
12
13 The next Two (2) courses being on the municipal
14 boundary of the City of Pembroke Pines as
15 established by Ordinance Number 1046;
16
17 Thence Southerly on said East line of Section
18 34 also being the West line of said Section 35
19 to an intersection with the South line of the
20 Northwest one-quarter (NW 1/4) of said Section
21 35;
22
23 Thence Easterly on said South line of the
24 Northwest one-quarter (NW 1/4) of said Section
25 35 to an intersection with the Northerly
26 prolongation of Tract 39, of said Section 35 of
27 THE EVERGLADES LAND COMPANY as recorded in Plat
28 Book 2, Page 1, of the Public Records of Dade
29 County, Florida;
30
31 Thence (on the municipal boundary of the City
22
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 of Pembroke Pines as established by Ordinance
2 Number 907) Southerly on the said Northerly
3 prolongation and the West line of Tracts 39, 42
4 and 55 of said Section 35 of THE EVERGLADES
5 LAND COMPANY as recorded in Plat Book 2, Page
6 1, of the Public Records of Dade County,
7 Florida said line also being the West plat
8 limits of THE TRAILS, as recorded in Plat Book
9 143, Page 35 of the Public Records of Broward
10 County, Florida to the Southwest corner of said
11 Tract 55;
12
13 The next Two (2) courses being on the municipal
14 boundary of the City of Pembroke Pines as
15 established by Ordinance Number 945;
16
17 Thence Westerly on the North line of Tract 57
18 of Section 35 of THE EVERGLADES LAND COMPANY as
19 recorded in Plat Book 2, Page 1, of the Public
20 Records of Dade County, Florida and its
21 Westerly prolongation to an intersection with
22 the West line of said Section 35, Township 50
23 South, Range 39 East;
24
25 Thence Southerly on said West line of said
26 Section 35 to the Southwest corner of said
27 Section 35, Township 50 South, Range 39 East,
28 said point also being the Northeast corner of
29 Section 3, Township 51 South, Range 39 East;
30
31 Thence Southerly on the East line of said
23
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Section 3, to an intersection with the South
2 right-of-way line of Stirling Road as shown on
3 and dedicated by BROWARD COUNTY INTERIM
4 CONTINGENCY SANITARY LANDFILL, as recorded in
5 Plat Book 135, Page 7, of the Public Records of
6 Broward County, Florida, said right-of-way line
7 being 55 feet South of and parallel with the
8 North line of said Section 3;
9
10 Thence Westerly on said South right-of-way line
11 to an intersection with the East right-of-way
12 line of State Road No. 25 (also known as U.S.
13 Highway No. 27) as shown on the State of
14 Florida Department of Transportation
15 Right-of-Way Map Section 86060-2516, Sheets 4,
16 5, and 6 of 7, dated August 16, 1976 and last
17 revised November 1987;
18
19 Thence Southerly on said East right-of-way line
20 of State Road No. 25 to an intersection with
21 the South line of Section 3, Township 51 South,
22 Range 39 East;
23
24 Thence Westerly on the municipal boundary of
25 the City of Pembroke Pines as established by
26 Ordinance Number 536 to the Southwest corner of
27 said Section 3, Township 51 South, Range 39
28 East;
29
30 Thence Northerly on the West line of said
31 Section 3, and continuing Northerly on the West
24
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 line of Section 34, Township 50 South, Range 39
2 East and on the West line of the Southwest
3 one-quarter (NW 1/4) of Section 27, Township 50
4 South, Range 39 East, to an intersection with
5 the North right-of-way line of the South
6 Florida Water Management District canal C-11
7 (also known as the South New River Canal) in
8 said Section 27 as shown on South Florida Water
9 Management District right-of-way maps for Canal
10 C-11, Drawing Number C-11-3, Sheet 1 of 3;
11
12 Thence (on the municipal boundary of the City
13 of Weston as established by Chapter 96-472,
14 Laws of Florida) Easterly on the said North
15 right-of-way line of the South Florida Water
16 Management District Canal C-11 (South New River
17 Canal) to a point on the East line of Section
18 29, Township 50 South, Range 40 East, said East
19 line also being the West line of Section 28,
20 Township 50 South, Range 40 East;
21
22 The next Two (2) courses being on the municipal
23 boundary of the Town of Davie as established by
24 Ordinance Number 77-44;
25
26 Thence Southerly on said East line to a point
27 on the centerline of right-of-way of the South
28 Florida Water Management District Canal C-11
29 (South New River Canal);
30
31 Thence Easterly on said centerline of the South
25
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Florida Water Management District Canal C-11
2 (South New River Canal) to an intersection with
3 the West line of the East one-half (E 1/2) of
4 the West one-half (W 1/2) of Section 28,
5 Township 50 South, Range 40 East;
6
7 Thence (on the municipal boundary of the Town
8 of Davie as established by Ordinance Number
9 86-14) Southerly on the said West line of the
10 East one-half (E 1/2) of the West one-half (W
11 1/2) of said Section 28, and on the West line
12 of the East one-half (E 1/2) of the West
13 one-half (W 1/2) of Section 33, Township 50
14 South, Range 40 East, to an intersection with
15 the North line of Tract 45 of said Section 33,
16 as shown on FLORIDA FRUIT LANDS COMPANY'S
17 SUBDIVISION NO. 1, as recorded in Plat Book 2,
18 Page 17 of the Public Records of Dade County,
19 Florida;
20
21 The next Two (2) courses being on the municipal
22 boundary of the Town of Davie as established by
23 Ordinance Number 88-31;
24
25 Thence Westerly on the North line of said Tract
26 45 (said line also being the North Plat Limits
27 line of HAWKE'S BLUFF "TOO", as recorded in
28 Plat Book 134, Page 25, of the Public Records
29 Broward County, Florida) to an intersection
30 with a line 55 feet East of and parallel with
31 the West line of said Section 33;
26
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1
2 Thence Southerly on said parallel line to an
3 intersection with a line 1,400 feet North of
4 and parallel with the South line of said
5 Section 33;
6
7 The next Two (2) courses being on the municipal
8 boundary of the Town of Davie as established by
9 Ordinance Number 93-12;
10
11 Thence Westerly on said parallel line to an
12 intersection with the West right-of-way line of
13 Southwest 160th Avenue;
14
15 Thence Southerly on said West right-of-way
16 line, to an intersection with the North line of
17 Tract 6 of Section 5, Township 51 South, Range
18 40 East of FLORIDA FRUIT LANDS COMPANY'S
19 SUBDIVISION NO. 1, as recorded in Plat Book 2,
20 Page 17 of the Public Records of Dade County,
21 Florida, said line also being the North Plat
22 Limits of SOUTH BROWARD DRAINAGE DISTRICT as
23 recorded in Plat Book 144, Page 12, of the
24 Public Records of Broward County, Florida;
25
26 Thence (on the municipal boundary of the Town
27 of Davie as established by Ordinance Number
28 88-50) Westerly on said North line of Tract 6
29 to an intersection with the East line of the
30 West one-half (W 1/2) of Tract 5 of said
31 Section 5, as shown on said FLORIDA FRUIT LANDS
27
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 COMPANY'S SUBDIVISION NO. 1, said line also
2 being the Plat Limits line of ESTATES OF
3 STIRLING LAKE as recorded in Plat Book 142,
4 Page 6, of the Public Records of Broward
5 County, Florida;
6
7 The next Nine (9) courses being on the
8 municipal boundary of the Town of Davie as
9 established by Ordinance Number 89-11;
10
11 Thence Northerly on the East line of the West
12 one-half (W 1/2) of said Tract 5, and on the
13 East line of the West one-half (W 1/2) of
14 Tracts 4, 3, 2 and 1, of said Section 5, of
15 FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO.
16 1, to an intersection with a line 55 feet South
17 of and parallel with the North line of said
18 Section 5;
19
20 Thence Westerly on said parallel line to an
21 intersection with the West line of said Tract 1
22 of said Section 5;
23
24 Thence Southerly on the West line of said
25 Tracts 1, 2 and 3 to the Northeast corner of
26 Tract 13 of said Section 5 of FLORIDA FRUIT
27 LANDS COMPANY'S SUBDIVISION NO. 1;
28
29 Thence Westerly on the North line of said Tract
30 13 to an intersection with the West line of the
31 Northeast one-quarter (NE 1/4) of said Section
28
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 5;
2
3 Thence Southerly on said West line to an
4 intersection with the South line of Tract 10 of
5 said Section 5 of FLORIDA FRUIT LANDS COMPANY'S
6 SUBDIVISION NO. 1;
7
8 Thence Easterly on said South line to an
9 intersection with the West line of the East
10 one-half (E 1/2) of said Tract 10;
11
12 Thence Northerly on said West line, to an
13 intersection with a line 13.30 feet North of
14 and parallel with the South line of said Tract
15 10;
16
17 Thence Easterly on said parallel line to an
18 intersection with the West line of Tract 7 of
19 said Section 5 of FLORIDA FRUIT LANDS COMPANY'S
20 SUBDIVISION NO. 1;
21
22 Thence Southerly on said West line of Tract 7
23 and on the West line of Tract 8 of said Section
24 5, to an intersection with the South line of
25 the Northeast one-quarter (NE 1/4) of said
26 Section 5;
27
28 The next Three (3) courses being on the
29 municipal boundary of the City of Pembroke
30 Pines as established by Ordinance Number 1118;
31
29
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Thence Southerly on the West line of Tract 49
2 of said Section 5 of FLORIDA FRUIT LANDS
3 COMPANY'S SUBDIVISION NO. 1, to the Southwest
4 corner of said Tract 49;
5
6 Thence Easterly on the South line of said Tract
7 49, to an intersection with a line 57 feet West
8 of and parallel with the East line of said
9 Section 5;
10
11 Thence Northerly on said parallel line, to an
12 intersection with the South line of the
13 Northeast one-quarter (NE 1/4) of said Section
14 5;
15
16 Thence (on the municipal boundary of the Town
17 of Davie as established by Ordinance Number
18 88-50) Easterly on said South line of the
19 Northeast one-quarter (NE 1/4) of Section 5, to
20 an intersection with the East line of said
21 Section 5, said line also being the West line
22 of Section 4, Township 51 South, Range 40 East;
23
24 Thence (on the municipal boundary of the Town
25 of Davie as established by Ordinance Number
26 88-31) Easterly on the South line of the
27 Northwest one-quarter (NW 1/4) of said Section
28 4, to an intersection with the West line of the
29 East one-half (E 1/2) of the West one-half (W
30 1/2) of said Section 4;
31
30
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Thence (on the municipal boundary of the Town
2 of Davie as established by Ordinance Number
3 86-14) Southerly on said West line of the East
4 one-half (E 1/2) of the West one-half (W 1/2)
5 of said Section 4, to the POINT OF BEGINNING;
6
7 TOGETHER WITH;
8
9 A parcel of land in the West one-half (W 1/2)
10 of the East one-half (E 1/2) of Section 2,
11 Township 51 South, Range 39 East, said parcel
12 including Lots 60, 61 and 62 and the adjacent
13 right-of-way for Sylan Pass lying North of said
14 Lots, all as shown on the REPLAT OF WEST
15 BROWARD INDUSTRIAL PARK, as recorded in Plat
16 Book 157, Page 39, of the Public Records of
17 Broward County, Florida, said parcel being
18 bounded as follows:
19
20 On the South by the Northern Plat Limits line
21 of the B.C.W. PLAT, as recorded in Plat Book
22 162, Page 22, of the Public Records of Broward
23 County, Florida;
24
25 On the West by the Easterly Plat limits line of
26 the BROWARD CORRECTIONAL INSTITUTION, as
27 recorded in Plat Book 90, Page 12, of the
28 Public Records of Broward County, Florida;
29
30 On the North by the North line of said Lot 62
31 of REPLAT OF PORTION OF WEST BROWARD INDUSTRIAL
31
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 PARK and the Easterly extension thereof, said
2 line also being the common plat limits line
3 between said REPLAT OF PORTION OF WEST BROWARD
4 INDUSTRIAL PARK, and the plat of BROWARD COUNTY
5 INTERIM CONTINGENCY SANITARY LANDFILL, as
6 recorded in Plat Book 135, Page 7, of the
7 Public Records of Broward County, Florida;
8
9 On the East by the East line of said Lot 60 of
10 REPLAT OF PORTION OF WEST BROWARD INDUSTRIAL
11 PARK and the Northerly extension thereof, said
12 line also being the municipal boundary of the
13 City of Pembroke Pines as established by
14 Ordinance Number 907;
15
16 Note: There is a history of differences in the
17 interpretation of the plats of FLORIDA FRUIT
18 LANDS COMPANY'S SUBDIVISION NO. 1 (Plat Book 2,
19 Page 17, Dade County Records), THE EVERGLADES
20 SUGAR & LAND CO. (Plat Book 2, Page 39, Dade
21 County, Records), THE EVERGLADES LAND
22 COMPANY,(Plat Book 2, Page 1, Dade County,
23 Records), and THE EVERGLADES LAND COMPANY'S
24 SUBDIVISION OF SECTION 36 & SOUTH HALF OF
25 SECTION 25, TOWNSHIP 50 SOUTH, RANGE 39 EAST,
26 (Plat Book 1, Page 63 Dade County, Records). In
27 some instances, the lack of adequate
28 dimensions, labels and dedication statements on
29 these plats, has resulted in differences of
30 interpretation with the respect to certain
31 tract lines being located on the sectional
32
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 breakdown lines or on the platted right-of-way
2 lines. This legal description cannot resolve
3 these differences. It is the intent of this
4 legal description to match the boundary of a
5 municipality in those instances where the legal
6 description is affected by these differences.
7
8 Section 1.04. Powers.--The Town shall have all
9 available governmental, corporate, and proprietary powers and
10 may exercise them, except when prohibited by law. Through the
11 adoption of this Charter, it is the intent of the electors of
12 the Town that the municipal government established herein have
13 the broadest exercise of home rule powers permitted under the
14 Constitution and laws of the State.
15 Section 1.05. Construction.--This Charter and the
16 powers of the Town shall be construed liberally in favor of
17 the Town.
18 ARTICLE II. TOWN COUNCIL; MAYOR
19 Section 2.01. Town Council.--There shall be a Town
20 Council (the "Council") vested with all legislative powers of
21 the Town, consisting of four members ("Council members") and
22 the Mayor. Council members shall occupy seats numbered 1
23 through 4. References in this Charter to Council members
24 shall include the Mayor, unless the context dictates
25 otherwise. Unless otherwise stated within this Charter, all
26 Charter powers shall be exercised by the Council.
27 Section 2.02. Mayor.--The Mayor shall preside at
28 meetings of the Council and be a voting member of the Council.
29 The Mayor shall be recognized as the head of Town government
30 for all ceremonial purposes, for purposes of military law, and
31 for service of process and execution of duly authorized
33
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 contracts, deeds, and other documents, and as the Town
2 official designated to represent the Town when dealing with
3 other governmental entities.
4 Section 2.03. Vice Mayor.--The Vice Mayor shall act as
5 Mayor in the absence of the Mayor. The Vice Mayor shall be
6 elected from among council members for a period of 2 years by
7 a majority of the Council at the first meeting of the Council
8 after each election.
9 Section 2.04. Election and term of office.--
10 (a) ELECTION AND TERM OF OFFICE.--Except as provided
11 in Section 9.03(c), each Council member and the Mayor shall be
12 elected at large for 4-year terms by the electors of the Town
13 in the manner provided in Article VI. Each Council member and
14 the Mayor shall remain in office until his or her successor is
15 elected and assumes the duties of the position.
16 (b) DESIGNATED SEATS.--Except as provided in Section
17 9.03(c), the Town Council shall be divided into four seats,
18 designated 1, 2, 3, and 4, to be voted on town-wide, with each
19 qualified elector entitled to vote for one candidate for each
20 seat.
21 Section 2.05. Qualifications.--Except as provided in
22 Section 9.03(c), candidates for Council member shall qualify
23 for election by the filing of a written notice of candidacy
24 with the Clerk of the Town at such time and in such manner as
25 may be prescribed by ordinance and payment to the Clerk of the
26 sum of $100, plus any fees required by Florida Statutes, as a
27 qualifying fee. A person may not be a candidate for more than
28 one office in the same election. Only electors of the Town
29 who have resided continuously in the Town for at least 1 year
30 preceding the date of such filing shall be eligible to hold
31 the office of Council member. If at the conclusion of the
34
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 qualifying period no elector shall have filed for candidacy,
2 the Council seat shall be open for a period of 5 days and any
3 qualified elector who has resided in the Town continuously for
4 at least 1 year preceding the date of such filing may file a
5 written notice of candidacy for said Council seat in
6 accordance with the remaining provisions of this section.
7 Section 2.06. Vacancies; forfeiture of office; filling
8 of vacancies.--
9 (a) VACANCIES.--The office of a Council member shall
10 become vacant upon his or her death, resignation, or removal
11 from office in any manner authorized by law or by forfeiture
12 of his or her office.
13 (b) FORFEITURE OF OFFICE.--
14 (1) Forfeiture by disqualification.--A Council member
15 shall forfeit his or her office if at any time during his or
16 her term he or she ceases to maintain his or her permanent
17 residence in the Town or if he or she otherwise ceases to be a
18 qualified elector of the Town.
19 (2) Forfeiture by absence.--A Council member shall be
20 subject to forfeiture of his or her office, in the discretion
21 of the remaining Council members, if he or she is absent
22 without good cause from any three consecutive regular meetings
23 of the Council during any calendar year or if he or she is
24 absent without good cause from any four regular meetings of
25 the Council within any 12-month period.
26 (3) Procedures.--The Council shall be the sole judge
27 of the qualifications of its members and shall hear all
28 questions relating to forfeiture of a Council member's office,
29 including whether or not good cause for absence has been or
30 may be established. The burden of establishing good cause
31 shall be on the Council member in question; however, any
35
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Council member may at any time during any duly held meeting
2 move to establish good cause for his or her absence or the
3 absence of any other Council member, from any past, present,
4 or future meeting or meetings, which motion, if carried, shall
5 be conclusive. A Council member whose qualifications are in
6 question or who is otherwise subject to forfeiture of his or
7 her office shall not vote on any such matters. The Council
8 member in question shall be entitled to a public hearing on
9 requests regarding an alleged forfeiture of office. If a
10 public hearing is requested, notice thereof shall be published
11 in one or more newspapers of general circulation in the Town
12 at least 1 week in advance of the hearing. Any final
13 determination by the Council that a Council member has
14 forfeited his or her office shall be made by resolution. All
15 votes and other acts of the Council member in question prior
16 to the effective date of such resolution shall be valid
17 regardless of the grounds of forfeiture.
18 (c) FILLING OF VACANCIES.--A vacancy on the Council
19 shall be filled as follows:
20 (1) If less than 1 year remains in the unexpired term,
21 the vacancy shall be filled by the Council within 30 days.
22 (2) If 1 year or more remains in the unexpired term,
23 the vacancy shall be filled by a special election to be held
24 not sooner than 30 days or more than 60 days following the
25 occurrence of the vacancy.
26 (3) Persons filling vacancies shall meet the
27 qualifications specified in this Article.
28 (4) If no candidate for a vacancy meets the
29 qualifications under this Article for that vacancy, the
30 Council shall appoint a person qualified under this Article to
31 fill the vacancy.
36
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 (5) Notwithstanding any quorum requirements
2 established herein, if at any time the full membership of the
3 Council is reduced to less than a quorum, the remaining
4 members may, by majority vote, appoint additional members to
5 the extent otherwise permitted or required under this
6 subsection.
7 (6) In the event that all the members of the Council
8 are removed by death, disability, recall, forfeiture of
9 office, or resignation, or any combination thereof, the
10 Governor shall appoint interim Council members who shall call
11 a special election within not less than 30 days or more than
12 60 days after such appointment. Such election shall be held
13 in the same manner as the initial elections under this
14 Charter. However, if there are less than 6 months remaining
15 in the unexpired terms, the interim Council appointed by the
16 Governor shall serve out the unexpired terms. Appointees must
17 meet all requirements for candidates provided for in this
18 Article.
19 Section 2.07. Compensation; reimbursement for
20 expenses.--
21 (a) The Council members shall be compensated at the
22 rate of $300 per month. The Mayor shall be compensated at the
23 rate of $400 per month. The Mayor and Council shall receive
24 reimbursement in accordance with applicable law, or as may be
25 otherwise provided by ordinance, for authorized travel and per
26 diem expenses incurred in the performance of their official
27 duties.
28 (b) An ordinance establishing, increasing, or
29 decreasing compensation of the Mayor or Council may be adopted
30 at any time; however, in no event shall any establishment of
31 compensation or any increase in compensation become effective
37
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 prior to the first day of the first month following the first
2 regular election of the Town subsequent to the adoption of
3 such ordinance.
4 Section 2.08. Rules of procedure.--The Council shall
5 determine its own rules of procedure.
6 ARTICLE III. ADMINISTRATIVE
7 Section 3.01. Town Administrator.--There shall be a
8 Town Administrator (the "Administrator"), who shall be the
9 chief administrative officer of the Town. The Administrator
10 shall be responsible to the Council for the administration of
11 all Town affairs.
12 Section 3.02. Appointment; removal; compensation.--The
13 Council shall appoint the Administrator for an indefinite term
14 by an affirmative vote of at least four Council members. The
15 Council may remove the Administrator at any time by an
16 affirmative vote of at least four Council members. For voting
17 purposes, the Mayor shall be considered as a Council member.
18 The compensation and benefits of the Administrator shall be
19 fixed by the Council. Any consideration of the removal of the
20 Administrator must be an agenda item with public notice given.
21 Section 3.03. Powers and duties of the
22 Administrator.--The Administrator shall:
23 (a) Be responsible for the hiring, supervision, and
24 removal of all Town employees.
25 (b) Direct and supervise the administration of all
26 departments and offices, but not Town boards or agencies,
27 unless so directed by the Council from time to time.
28 (c) Attend all Council meetings and have the right to
29 take part in discussion, but not the right to vote.
30 (d) Ensure that all laws, provisions of this Charter,
31 and acts of the Council, subject to enforcement or
38
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 administration by him or her or by officers subject to his or
2 her direction and supervision, are faithfully executed.
3 (e) Prepare and submit to the Council a proposed
4 annual budget and capital program.
5 (f) Submit to the Council and make available to the
6 public an annual report on the finances and administrative
7 activities of the Town as of the end of each fiscal year.
8 (g) Prepare such other reports as the Council may
9 require concerning the operations of Town departments,
10 offices, boards, and agencies.
11 (h) Keep the Council fully advised as to the financial
12 condition and future needs of the Town and make such
13 recommendations to the Council concerning the affairs of the
14 Town as he or she deems to be in the best interests of the
15 Town.
16 (i) Execute, with the Mayor, contracts, deeds, and
17 other documents on behalf of the Town, as authorized by the
18 Council.
19 (j) Implement the purchase code and guidelines adopted
20 by the Council for the acquisition of goods and services for
21 the Town.
22 (k) Perform such other duties as are specified in this
23 Charter or as may be required by the Council.
24 Section 3.04. Absence or disability of
25 Administrator.--To perform his or her duties during his or her
26 temporary absence or disability, the Administrator may
27 designate, by letter filed with the Town Clerk, a qualified
28 administrative officer of the Town. In the event of failure
29 of the Administrator to make such designation, or should the
30 person so designated by the Town Administrator be
31 unsatisfactory to the Council, the Council may by resolution
39
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 appoint an officer of the Town to perform the duties of the
2 Administrator until he or she shall return or his or her
3 disability shall cease.
4 Section 3.05. Bond of Administrator.--The
5 Administrator shall furnish a surety bond to be approved by
6 the Council, and in such amount as the Council may fix, said
7 bond to be conditioned on the faithful performance of his or
8 her duties. The premium of the bond shall be paid by the
9 Town.
10 Section 3.06. Town Clerk.--The Administrator shall
11 appoint a Town Clerk or management firm to serve as Town Clerk
12 (the "Clerk"). The Clerk shall give notice of Council
13 meetings to its members and the public, shall keep minutes of
14 its proceedings, and shall perform such other duties as the
15 Council or Administrator may prescribe from time to time. The
16 Clerk shall report to the Administrator.
17 Section 3.07. Town Attorney.--The Council shall
18 appoint the Town Attorney for an indefinite term by an
19 affirmative vote of at least four Council members. The
20 Council members may remove the Town Attorney at any time by an
21 affirmative vote of at least four Council members. The
22 compensation and benefits of the Town Attorney shall be fixed
23 by the Council. The Town Attorney shall report to the
24 Council. The Town Attorney shall take office immediately on
25 appointment, and the terms and conditions shall subsequently
26 be reduced to a written contract. The Council shall have the
27 authority to engage such additional legal counsel as it deems
28 advisable and necessary.
29 Section 3.08. Powers and duties of the Town
30 Attorney.--The Town Attorney or other attorney, designated and
31 approved by the Council, shall, to the extent required by the
40
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Council:
2 (a) Attend all regular and special meetings of the
3 Council.
4 (b) Act as the legal advisor to and counselor for the
5 Town and its officers in the matters relating to their
6 official duties.
7 (c) Approve all contracts, bonds, and other
8 instruments in which the Town is concerned and shall endorse
9 on each his or her approval of the form and correctness
10 thereof. No contract with the Town shall take effect until
11 his or her approval is so endorsed thereon.
12 (d) When requested to do so by the Council, prosecute
13 and defend on behalf of the Town all complaints, suits, and
14 controversies in which the Town is a party.
15 (e) When so requested, furnish the Mayor, Council, or
16 Administrator his or her opinion on any question of law
17 involving the respective powers and duties of the Mayor,
18 Council, or Administrator.
19 (f) Perform such other professional duties as required
20 of him or her by resolution of the Council or as prescribed
21 for municipal attorneys in the general laws of the State which
22 are not inconsistent with this Charter.
23 Section 3.09. Expenditure of Town funds.--No funds of
24 the Town shall be expended except pursuant to duly approved
25 appropriations or for the payment of bonds, notes, or other
26 indebtedness duly authorized by the Council and only from such
27 funds so authorized.
28 Section 3.10. Town boards and agencies.--Except as
29 otherwise provided by law, the Council may establish or
30 terminate such boards and agencies as it may deem advisable
31 from time to time. The boards and agencies shall report to
41
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 the Council. Members of boards and agencies shall be
2 appointed by the Council by resolution.
3 ARTICLE IV. LEGISLATIVE
4 Section 4.01. Council meeting procedure.--
5 (a) MEETINGS.--The Council shall hold at least 11
6 monthly meetings in each fiscal year at such times and places
7 as the Council may prescribe by rule. No meeting shall extend
8 beyond 11 p.m. local time. Notwithstanding the aforesaid, the
9 Council may conclude debate and voting on any agenda item
10 under consideration at 11 p.m. Special meetings may be held
11 on the call of the Mayor or upon the call of three members of
12 the Council, and upon no less than 24 hours' notice to each
13 member and the public, or such shorter time as a majority of
14 the Council shall deem necessary in case of an emergency
15 affecting life, health, property, or the public peace.
16 (b) QUORUM AND VOTING.--Except as otherwise provided
17 in this Charter, any three members of the Council shall
18 constitute a quorum. The affirmative vote of three members of
19 the Council shall be required for any legislative action with
20 the exception of quasi-judicial items relating to land use and
21 zoning, which shall be governed by Section 5.01. All voting
22 shall be by roll call.
23 Section 4.02. Prohibitions.--
24 (a) APPOINTMENTS AND REMOVALS.--Neither the Council
25 nor any of its members shall in any manner dictate the
26 appointment or removal of any Town administrative officers or
27 employees whom the Administrator or any of his or her
28 subordinates is empowered to appoint, but the Council members
29 may express their views and fully and freely discuss with the
30 Administrator anything pertaining to appointment and removal
31 of such officers and employees.
42
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 (b) INTERFERENCE WITH ADMINISTRATION.--Except for the
2 purpose of inquiries and investigations made in good faith,
3 the Council or its members shall deal with Town officers and
4 employees who are subject to the direction and supervision of
5 the Administrator solely through the Administrator, and
6 neither the Council nor its members shall give orders to any
7 such officer or employee, either publicly or privately. It is
8 the express intent of this Charter that recommendations for
9 improvement in Town government operations by individual
10 Council members be made solely to and through the
11 Administrator. Council members may discuss with the
12 Administrator any matter of Town business; however, no
13 individual Council member shall give orders to the
14 Administrator.
15 (c) HOLDING OTHER OFFICE.--No elected Town official
16 shall hold any appointive Town office or Town employment while
17 in office. No former elected Town official shall hold any
18 compensated appointive Town office or Town employment until 1
19 year after the expiration of his or her term.
20 Section 4.03. Emergency ordinances.--
21 (a) AUTHORIZATION; FORM.--To meet a public emergency
22 affecting life, health, property, or the public peace, the
23 Council may adopt, in the manner provided by Florida Statutes,
24 one or more emergency ordinances, but such ordinances may not:
25 enact or amend a land use plan or rezone private property;
26 levy taxes; grant, renew, or extend any municipal franchise;
27 set service or user charges for any municipal services; or
28 authorize the borrowing of money, except as provided under the
29 emergency appropriations provisions of this Charter, if
30 applicable. An emergency ordinance shall be introduced in the
31 form and manner prescribed for ordinances generally, except
43
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 that it shall be plainly designated in a preamble as an
2 emergency ordinance and shall contain, after the enacting
3 clause, a declaration stating that an emergency exists and
4 describing it in clear and specific terms.
5 (b) PROCEDURE.--Upon the affirmative vote of four
6 Council members, an emergency ordinance may be adopted with or
7 without amendment or rejected at the meeting at which it is
8 introduced. For voting purposes, the Mayor shall be
9 considered as a member of the Council. After its adoption,
10 the ordinance shall be advertised and printed as prescribed
11 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 Council, by resolution, may make emergency
27 appropriations. To the extent that there are no
28 unappropriated revenues to meet such appropriation, the
29 Council 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
44
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
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 Council 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
16 Town government shall begin on the first day of October and
17 shall end on the last day of September of the following
18 calendar year, unless otherwise defined by Florida Statutes.
19 Such 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 Council may
26 by ordinance make supplemental appropriations for the fiscal
27 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
30 Administrator that the revenues available will be insufficient
31 to meet the amounts appropriated, he or she shall report to
45
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 the Council without delay, indicating the estimated amount of
2 the deficit and his or her recommendations as to the remedial
3 action to be taken. The Council shall then take such action
4 as it deems appropriate to prevent any deficit spending not
5 covered by 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 Council. In addition, when Charter
12 amendments have been approved by the electors, the Mayor and
13 the Clerk shall authenticate, by their signatures, the Charter
14 amendment, such authentication to reflect the approval of the
15 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 Council. Ordinances
19 shall, at the direction of the Council, be periodically
20 codified. The Clerk shall also maintain the Charter in
21 current form as to all amendments.
22 (c) PRINTING.--The Council 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 Town may from time to
30 time borrow money and issue bonds or other obligations or
31 evidence of indebtedness (collectively, "bonds") of any type
46
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 or character for any of the purposes for which the Town 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 Council.
7 (b) The Town 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 Council shall
12 provide for an independent annual audit of all Town accounts
13 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 Town government or any of its officers.
18 ARTICLE V. QUASI-JUDICIAL
19 Section 5.01. Quasi-judicial meeting procedures.--All
20 quasi-judicial items relating to land use and zoning require
21 four affirmative votes of the Council. Any four members of
22 the Council shall constitute a quorum for quasi-judicial
23 items. All voting shall be by roll call.
24 ARTICLE VI. ELECTIONS
25 Section 6.01. Elections.--
26 (a) ELECTORS.--Any person who is a resident of the
27 Town, has qualified as an elector of the State, and registers
28 to vote in the manner prescribed by law shall be an elector of
29 the Town.
30 (b) NONPARTISAN ELECTIONS.--All elections for the
31 offices of Council member and Mayor shall be conducted on a
47
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 nonpartisan basis.
2 (c) ELECTION DATES.--A regular election shall be held
3 on the second Tuesday in March of even-numbered years,
4 commencing in 2002.
5 (d) GENERAL ELECTION.--The ballot for the general
6 election shall contain the names of all qualified candidates
7 for Mayor if the Mayor's term is expiring and for each of the
8 two Council seats which are to be filled at that election as a
9 result of two Council members' terms expiring, and shall
10 instruct electors to cast one vote for Mayor, if applicable,
11 and one vote for each Council seat, with a maximum of one vote
12 per candidate. The candidate for Mayor receiving the most
13 votes shall be the duly elected Mayor. The candidate
14 receiving the most votes in each designated Council seat,
15 respectively, shall be the duly elected Council member for
16 that designated Council seat.
17 (e) SPECIAL ELECTIONS.--Special elections, when
18 required, shall be scheduled by the Council at such times and
19 in such manner as shall be consistent with this Charter and
20 State law.
21 (f) SINGLE CANDIDATES.--No election for Mayor or any
22 Council seat shall be required in any election if there is
23 only one duly qualified candidate for Mayor or for any Council
24 seat.
25 (g) COMMENCEMENT OF TERMS.--The term of office of any
26 elected official shall commence immediately after the
27 election.
28 (h) OATH.--All elected officers, before entering upon
29 their duties, shall take and subscribe to the following oath
30 of office:
31
48
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 I do solemnly swear (or affirm) that I will
2 support, protect, and defend the Constitution
3 and Government of the United States and of the
4 State of Florida, and the Charter of the Town
5 of Southwest Ranches; that I am duly qualified
6 to hold office under the Constitution of the
7 State and the Charter of the Town of Southwest
8 Ranches; and that I will well and faithfully
9 perform the duties of (Mayor or Council member)
10 upon which I am now about to enter. (So help
11 me God.)
12
13 (i) ELECTION LAWS.--The election laws of the State
14 shall apply to all elections.
15 (j) RECALL.--The registered electors of the Town shall
16 have the power to recall and to remove from office any elected
17 official of the Town as provided by general law of the State.
18 ARTICLE VII. CHARTER AMENDMENTS
19 Section 7.01. Charter amendments.--This Charter may be
20 amended in accordance with the provisions of this Article.
21 Section 7.02. Procedure to amend.--
22 (a) INITIATION.--This Charter may be amended in two
23 ways:
24 (1) By ordinance.--The Council may, by ordinance,
25 propose amendments to this Charter and, upon passage of the
26 initiating ordinance, shall submit the proposed amendment to a
27 vote of the electors at the next general election held within
28 the Town or at a special election called for such purpose.
29 (2) By petition.--The electors of the Town may propose
30 amendments to this Charter by petition pursuant to the
31 requirements of chapter 166, Florida Statutes, as amended.
49
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 (b) SUBMISSION TO ELECTORS.--Upon certification of the
2 sufficiency of a petition, the Council shall submit the
3 proposed amendment to a vote of the electors at a general
4 election or special election to be held not less than 60 days
5 or more than 120 days from the date on which the petition was
6 certified or at a special election called for such purpose.
7 (c) RESULTS OF ELECTION.--If a majority of the
8 qualified electors voting on a proposed amendment votes for
9 its adoption, it shall be considered adopted upon
10 certification of the election results. If conflicting
11 amendments are adopted at the same election, the one receiving
12 the greatest number of affirmative votes shall prevail to the
13 extent of such conflict.
14 Section 7.03. Appointment of Charter Review
15 Committee.--The Council shall appoint a Charter Review
16 Committee, which shall contain at least five registered
17 electors who are residents of the Town and whose
18 responsibilities shall include the review and analysis of the
19 Charter and recommendations to the Council of proposed Charter
20 amendments, including, without limitation, issues such as
21 District voting versus town-wide elections for Council
22 members. All recommendations of the Charter Review Committee
23 shall be considered by the Council at least once every 4
24 years, and the Council may by ordinance propose amendments to
25 this Charter upon recommendation of the Charter Review
26 Committee. Upon passage of the initiating ordinance, the
27 Council shall submit the proposed amendment to a vote of the
28 electors of the Town at the next general election held within
29 the Town or at a special election called for such purpose.
30 ARTICLE VIII. GENERAL PROVISIONS
31 Section 8.01. Severability.--If any section or part of
50
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 any section of this Charter shall be held invalid by a court
2 of competent jurisdiction, such holding shall not affect the
3 remainder of this Charter or the context in which such section
4 or part of a section so held invalid may appear, except to the
5 extent that an entire section or part of a section may be
6 inseparably connected in meaning and effect with the section
7 or part of a section to which such holding shall directly
8 apply.
9 Section 8.02. Conflicts of interest; ethical
10 standards.--All Council members, officials, and employees of
11 the Town shall be subject to the standards of conduct for
12 public officers and employees set by federal, state, county,
13 or other applicable law.
14 Section 8.03. Town personnel system.--All new
15 employments, appointments, and promotions of Town officers and
16 employees shall be made pursuant to personnel procedures to be
17 established by the Administrator from time to time.
18 Section 8.04. Charitable contributions.--The Town
19 shall not make any charitable contribution to any person or
20 entity unless authorized by the Council.
21 Section 8.05. Variation of pronouns.--All pronouns and
22 any variations thereof used in this Charter shall be deemed to
23 refer to masculine, feminine, neutral, singular, or plural as
24 the identity of the person or persons shall require and are
25 not intended to describe, interpret, define, or limit the
26 scope, extent, or intent of this Charter.
27 Section 8.06. Style and capitalization.--When a
28 defined word is enclosed in quotes and in parentheses after
29 the definition, that word shall be treated as a defined term
30 in the remainder of this Charter, when capitalized.
31 Section 8.07. Calendar day.--For the purposes of this
51
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Charter, a day shall mean a calendar day.
2 ARTICLE IX. TRANSITION PROVISIONS
3 Section 9.01. Referendum for incorporation.--Upon
4 approval by an affirmative vote of the voters voting in the
5 referendum as provided in chapter 97-371, Laws of Florida,
6 voting for incorporation in the election of March 14, 2000, a
7 referendum election called for by this act shall be called by
8 the Board of County Commissioners of Broward County for June
9 6, 2000, at which time the following question shall be placed
10 upon the ballot in Precincts 47Z, 48Z, and 74Z (or any future
11 restructuring or renumbering of said precincts of the
12 geographical area described in Section 1.03, as may be
13 determined by the Broward County Supervisor of Elections):
14
15 INCORPORATION OF THE TOWN OF SOUTHWEST RANCHES
16
17 Select one below:
18
19 The charter of the Town of Southwest Ranches
20 shall provide for incorporation, municipal
21 powers, and a Town Council-Administrator form
22 of government and shall provide for election of
23 the Mayor and the other members of the Town
24 Council at large.
25
26 The charter of the Town of Southwest Ranches
27 shall provide for incorporation, municipal
28 powers, and a Town Council-Administrator form
29 of government and shall provide, beginning with
30 the municipal election of 2002, that the Mayor
31 and each other member of the Town Council shall
52
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 be elected at large, but, other than the Mayor,
2 each Council member must reside within one of
3 four separate residential districts.
4
5 In the event that the second choice of the ballot proposition
6 provided for in this section receives the majority of the
7 votes cast in the referendum called for in this section, the
8 provisions of Section 2.04 and Section 6.01(d) of the Charter
9 shall instead read as follows:
10 Section 2.04. Election and terms of office.--
11 (a) MAYOR.--Except as provided in Section 9.03(c), the
12 Mayor shall be elected at large for a 4-year term by the
13 electors of the Town in the manner provided in Article VI.
14 The Mayor shall remain in office until his or her successor is
15 elected and assumes the duties of the position.
16 (b) TOWN COUNCIL.--Except as provided in Section
17 9.03(c), each Council member other than the Mayor shall be
18 elected at large for a 4-year term by the electors of the Town
19 in the manner provided in Article VI. Subsequent to the
20 decennial census of 2000, but at least 6 months before the
21 qualifying period for the municipal election of 2002, the
22 Council shall divide the Town into four residential districts
23 which shall be as nearly equal in population as practicable.
24 The Council shall designate each of the districts one of the
25 numbers 1 through 4. Each seat number shall correspond with a
26 residential district number. Beginning with the municipal
27 election of 2002, and for each election thereafter, the four
28 members of the Council other than the Mayor must be electors
29 of the Town and residents of the particular residential
30 district on the date on which they qualify for election.
31 Council members in office who are removed from their district
53
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 as a result of the redistricting subsequent to the decennial
2 census of 2000, or after a subsequent decennial census, may
3 serve out the balance of their terms. Each Council member
4 shall remain in office until his or her successor is elected
5 and assumes the duties of the position.
6 Section 6.01. Elections.--
7 (d) GENERAL ELECTION.--The ballot for the general
8 election shall contain the names of all qualified candidates
9 for Mayor if the Mayor's term is expiring and for each of the
10 two Council seats which are to be filled at that election as a
11 result of two Council members' terms expiring, and shall
12 instruct electors to cast one vote for Mayor, if applicable,
13 and one vote for each designated residential Council seat to
14 be filled at that election. The candidate for Mayor receiving
15 the most votes shall be the duly elected Mayor. The candidate
16 receiving the most votes in each designated residential
17 Council seat, respectively, shall be the duly elected Council
18 member for that designated residential Council seat.
19 Section 9.02. Creation and establishment of Town.--For
20 the purpose of compliance with Florida Statutes relating to
21 assessment and collection of ad valorem taxes, the Town is
22 hereby created and established effective June 6, 2000.
23 Section 9.03. Initial election of Council members;
24 dates; qualifying period; certification of election results;
25 induction into office.--
26 (a) DATES.--Following the adoption of this Charter in
27 accordance with Section 9.01, a special election for the
28 election of the Mayor and four Council members shall be held
29 on July 25, 2000.
30 (b) QUALIFYING PERIOD.--Any individual wishing to run
31 for Mayor or one of the four Council seats shall qualify as a
54
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 candidate with the Broward County Supervisor of Elections
2 between June 8, 2000, and June 23, 2000, in accordance with
3 the provisions of this Charter and general law.
4 (c) CERTIFICATION OF ELECTION RESULTS.--For the
5 initial election, a canvassing board shall be appointed by the
6 Board of County Commissioners of Broward County to certify the
7 results of the election. At the first election under this
8 Charter, the four candidates for Council member receiving the
9 highest number of votes shall be elected. At such initial
10 election, seats shall not be designated. Of the elected
11 candidates, the two receiving the greatest number of votes
12 shall serve until their successors are elected in March 2004
13 and assume the duties of the office, and the remaining two
14 shall serve until their successors are elected in March 2002
15 and assume the duties of the office. The candidate receiving
16 the highest number of votes shall occupy seat 1; the candidate
17 receiving the second highest number shall occupy seat 2; the
18 candidate receiving the third highest number shall occupy seat
19 3; and the candidate receiving the fourth highest number shall
20 occupy seat 4. Thereafter, all Council members shall be
21 elected for 4-year terms. The mayoral candidate receiving the
22 highest number of votes shall be elected. The Mayor shall be
23 elected at the first election to serve until his or her
24 successor is elected in March 2004 and assumes the duties of
25 the office, and for a 4-year term at all subsequent elections.
26 (d) INDUCTION INTO OFFICE.--Those candidates who are
27 elected on July 25, 2000, shall take office at the initial
28 Council meeting, which shall be held at 7:30 p.m. on August 8,
29 2000, at a place to be designated by the Mayor.
30 Section 9.04. Temporary nature of Article.--The
31 following sections of this Article are inserted solely for the
55
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 purpose of effecting the incorporation of the Town and the
2 transition to a new municipal government. Each section of
3 this Article shall automatically, and without further vote or
4 act of the electors of the Town, become ineffective and no
5 longer a part of this Charter at such time as the
6 implementation of such section has been accomplished.
7 Section 9.05. Interim adoption of codes and
8 ordinances.--Until otherwise modified or replaced by this
9 Charter or the Council, all codes, ordinances, and resolutions
10 of Broward County, Florida, in effect on the day of adoption
11 of this Charter shall, to the extent applicable to the Town,
12 remain in force and effect as municipal codes, ordinances, and
13 resolutions of the Town. Until otherwise determined by the
14 Council, said codes, ordinances, and resolutions shall be
15 applied, interpreted, and implemented by the Town in a manner
16 consistent with established policies of Broward County on the
17 date of this Charter.
18 Section 9.06. Taxes and fees.--Until otherwise
19 modified by the Council, all municipal taxes and fees imposed
20 within the Town boundaries by the County as the municipal
21 government for unincorporated Broward County, which taxes and
22 fees are in effect on the date of adoption of this Charter,
23 shall continue at the same rate and on the same conditions as
24 if those taxes and fees had been adopted and assessed by the
25 Town.
26 Section 9.07. First year expenses.--The Council, in
27 order to provide moneys for the expenses and support of the
28 Town, shall have the power to borrow money necessary for the
29 operation of Town government until such time as a budget is
30 adopted and revenues are raised in accordance with the
31 provisions of this Charter.
56
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 Section 9.08. Transitional ordinances and
2 resolutions.--The Council shall adopt ordinances and
3 resolutions required to effect the transition. Ordinances
4 adopted within 60 days after the first Council meeting may be
5 passed as emergency ordinances. These transitional ordinances
6 shall be effective for no longer than 90 days after adoption,
7 and thereafter may be readopted, renewed, or otherwise
8 continued only in the manner normally prescribed for
9 ordinances.
10 Section 9.09. State shared revenues.--The Town shall
11 be entitled to participate in all shared revenue programs of
12 the State, effective immediately on the date of incorporation.
13 The provisions of section 218.23, Florida Statutes, shall be
14 waived for the purpose of eligibility to receive revenue
15 sharing from the date of incorporation through the end of the
16 State fiscal year 2001-2002. The provisions of section
17 218.26(3), Florida Statutes, shall be waived for the fiscal
18 year 2001-2002, and the apportionment factors for the
19 municipalities and counties shall be recalculated pursuant to
20 section 218.245, Florida Statutes. The initial population
21 estimates for calculating eligibility for shared revenues
22 shall be determined by the University of Florida Bureau of
23 Economic and Business Research as of the effective date of
24 this Charter. Should the bureau be unable to provide an
25 appropriate population estimate, the initial population for
26 calculating eligibility for shared revenues shall be
27 established at the level of 9,000.
28 Section 9.10. Gas tax revenues.--Notwithstanding the
29 requirements of section 336.025, Florida Statutes, to the
30 contrary, the Town shall be entitled to receive local option
31 gas tax revenues beginning October 1, 2000. These revenues
57
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465
HOUSE AMENDMENT
Bill No. HB 1777
Amendment No. 01 (for drafter's use only)
1 shall be distributed in accordance with the interlocal
2 agreement with Broward County.
3 Section 9.11. Shared revenues.--Broward County shall
4 distribute to the Town, from taxes, franchise fees, and ad
5 valorem taxes, revenues collected within the municipal
6 boundaries of the Town. This calculation shall be based upon
7 a population projection of 9,000 in anticipation of the year
8 2000 census.
9 Section 9.12. Conflicting provisions.--This act shall
10 take precedence over any other prior enacted law.
11 Section 2. This act shall only take effect upon
12 approval by a majority of those qualified electors residing
13 within the proposed corporate limits of the proposed Town of
14 Southwest Ranches as described in section 1.03 of the charter,
15 voting in a referendum election to be called by the Board of
16 County Commissioners of Broward County and to be held on June
17 6, 2000, in accordance with the provisions relating to
18 elections currently in force except that:
19 (1) This section and section 9.01 of the charter shall
20 take effect upon this act becoming a law.
21 (2) If a majority of the qualified voters voting do
22 not approve this act then this act shall not take effect.
23 (3) If approved by a majority of the qualified voters
24 voting then this act and charter shall take effect upon
25 certification of the election results by the Board County
26 Supervisor of Elections.
27
28
29
30
31
58
File original & 9 copies 04/24/00
hca0012 05:49 pm 01777-ca -191465