House Bill 1777
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Florida House of Representatives - 2000 HB 1777
By Representative Wasserman Schultz
1 A bill to be entitled
2 An act relating to Broward County; creating the
3 charter of the Town of Southwest Ranches;
4 providing for the corporate name and purpose of
5 the charter; establishing form of government
6 and territorial boundaries of the municipality;
7 providing powers of the municipality and of
8 certain officers; providing for election and
9 terms of office of a town council, including
10 the mayor and vice mayor, and providing for
11 qualifications, powers, and duties of and
12 restrictions on its membership; establishing
13 circumstances which create vacancies in office
14 and providing for filling vacancies and for
15 forfeiture and recall; providing a procedure
16 for establishing compensation and expense
17 reimbursement for the mayor and town council;
18 providing for rules of procedure; providing for
19 a town administrator, town clerk, and town
20 attorney and powers and duties of each;
21 providing restrictions on expenditure of town
22 funds; authorizing establishment of town boards
23 and agencies; providing for council meetings,
24 procedural rules, and recordkeeping and voting
25 at meetings; providing for emergency
26 ordinances; providing for budget requirements,
27 adoption, and amendment and establishing a
28 fiscal year; providing procedures for
29 authentication, recording, and disposition of
30 ordinances, resolutions, and charter
31 amendments; establishing the right to
1
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1 determine, order, levy, assess, and collect
2 taxes; providing for borrowing by the town;
3 providing for an annual independent audit;
4 providing for quasi-judicial procedures;
5 establishing election requirements and
6 guidelines; providing for charter amendments
7 and review; providing for severability;
8 providing for standards of conduct; providing
9 for a personnel system; providing requirements
10 for charitable contributions; providing for
11 transition, including a referendum on
12 incorporation and alternate manners of
13 elections for the town council, initial
14 election and terms, and date of creation and
15 establishment of the municipality; providing
16 for interim adoption of codes and ordinances
17 and taxes and fees; providing for payment of
18 certain revenues and for transitional
19 ordinances and resolutions; entitling the town
20 to state shared and local option gas tax
21 revenues; providing for the sharing of certain
22 revenues; providing for precedence of the
23 provisions of this act over conflicting
24 provisions of other laws; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. The charter of the Town of Southwest
30 Ranches, Broward County, is created to read:
31
2
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1 ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT,
2 BOUNDARY AND POWERS
3 Section 1.01. Corporate existence.--In order to
4 preserve, protect, and enhance the quality of life and
5 residential character of the Southwest Ranches, a municipal
6 corporation known as the Town of Southwest Ranches (the
7 "Town") is hereby created pursuant to the Constitution of the
8 State of Florida (the "State"). The corporate existence of
9 the Town shall commence upon the adoption of this Charter by
10 the electorate.
11 Section 1.02. Form of government.--The Town shall have
12 a "Council-Administrator" form of government.
13 Section 1.03. Corporate boundary.--
14
15 DESCRIPTION
16 TOWN OF SOUTHWEST RANCHES
17 ANNEXATION AREA
18
19 Portions of Sections 26,27,33,34 and 35 of
20 Township 50 South, Range 40 East, together with
21 portions of Sections 2 and 3 of Township 51
22 South, Range 40 East, being more particularly
23 described as follows:
24
25 BEGINNING at the Southwest corner of Section 1,
26 Township 51 South, Range 40 East, said point
27 also being the Southeast corner of Section 2,
28 Township 51 South, Range 40 East;
29
30 Thence (on the municipal boundary of the City
31 of Pembroke Pines as established by Ordinance
3
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1 Number 362) Westerly on the South line of said
2 Section 2, also being the North line of Section
3 11, Township 51 South, Range 40 East and the
4 South line of Section 3, also being the North
5 line of Section 10, Township 51 South, Range 40
6 East, to the intersection with the Southerly
7 projection of the East line of Tract 54 in said
8 Section 3 of THE EVERGLADES SUGAR & LAND CO. as
9 recorded in Plat Book 2, Page 39, of the Public
10 Records of Dade County, Florida;
11
12 The next Three (3) courses being on the
13 municipal boundary of the City of Pembroke
14 Pines as established by Ordinance Number 908;
15
16 Thence Northerly on the Southerly project and
17 on the East line of said Tract 54 of said THE
18 EVERGLADES SUGAR & LAND CO. as recorded in Plat
19 Book 2, Page 39, of the Public Records of Dade
20 County, Florida, to a point on the North line
21 of the South-Half (S 1/2) of said Tract 54;
22
23 Thence Westerly on the North line of the
24 South-Half (S 1/2) of said Tract 54 to a point
25 on the West line of said Tract 54;
26
27 Thence Southerly on the West line of said Tract
28 54 and the Southerly projection to a point on
29 the South line of said Section 3;
30
31
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1 Thence (on the municipal boundary of the City
2 of Pembroke Pines as established by Ordinance
3 Number 362) Westerly on the South line of said
4 Section 3, Township 51 South, Range 40 East, to
5 the Southwest Corner of said Section 3, said
6 point also being the Southeast Corner of
7 Section 4 the Northwest corner of Section 10,
8 Township 51 South, Range 40 East;
9
10 The next Seven (7) courses being on the
11 municipal boundary of the Town of Davie as
12 established by Ordinance Number 86-14;
13
14 Thence Northerly on the West line of said
15 Section 3, said line also being the East line
16 of said Section 4 and on the East line of said
17 Section 33, said line also being the West line
18 of said Section 34 to a point on the North line
19 of the Southeast one-quarter (SE 1/4) of said
20 Section 33;
21
22 Thence Westerly on said North line of the
23 Southeast one-quarter (SE 1/4) of said Section
24 33 to an intersection with the projection of
25 the East boundary of Tract 64 in said Section
26 33 of FLORIDA FRUIT LANDS COMPANY SUBDIVISION
27 NO. 1, as recorded in Plat Book 2, Page 17, of
28 the Public Records of Dade County, Florida;
29
30 Thence Southerly on said East boundary of Tract
31 64 to the Southeast corner of said Tract 64;
5
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1
2 Thence Westerly on the South line of said Tract
3 64 to the intersection with the Easterly
4 right-of-way line of Interstate 75;
5
6 Thence Northerly on the said Easterly
7 right-of-way line of Interstate 75 to the
8 intersection with the Westerly projection of
9 the South line of the plat of REGENCY as
10 recorded in Plat Book 121, Page 48, of the
11 Public Records of Broward County, Florida;
12
13 Thence Easterly on the projection and said
14 South line of the plat of REGENCY to the
15 intersection with the East line of Section 33,
16 Township 50 South, Range 40 East;
17
18 Thence Northerly on the East line of said
19 Section 33 and the East line of Section 28,
20 Township 50 South, Range 40 East to a point on
21 the original centerline of the South Florida
22 Water Management District Canal C-11 (South New
23 River Canal);
24
25 Thence (on the municipal boundary of the Town
26 of Davie as established by Ordinance Number
27 77-44) Easterly on the original centerline of
28 the South Florida Water Management District
29 Canal C-11 (South New River Canal) to an
30 intersection with the East line of Section 26,
31 Township 50 South, Range 40 East;
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1
2 The next Ten (10) courses being on the
3 municipal boundary of Cooper City as
4 established by Ordinance Numbers 87-10-2,
5 87-10-3 and 89-5-8;
6
7 Thence Southerly on the said East line of said
8 Section 26 to an intersection with the South
9 right-of-way line of the South Florida Water
10 Management District Canal C-11 (South New River
11 Canal);
12
13 Thence Westerly on said South right-of-way line
14 to an intersection with a line 660 feet West of
15 and parallel with the East line of said Section
16 26;
17
18 Thence Southerly on said parallel line to an
19 intersection with the South line of said
20 Section 26, said line also being the North line
21 of Section 35, Township 50 South, Range 40
22 East;
23
24 Thence Westerly on the said South line of
25 Section 26 and said North line of Section 35 to
26 the Northwest corner of said Section 35,
27 Township 50 South, Range 40 East;
28
29 Thence Southerly on the West line of said
30 Section 35 to the Southwest corner of the
31
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1 Northwest one-quarter (NW 1/4) of said Section
2 35;
3
4 Thence Easterly on the South line of the
5 Northwest one-quarter (NW 1/4) of said Section
6 35 to the Southeast corner of the Northwest
7 one-quarter of said Section 35;
8
9 Thence Northerly on the East line of the
10 Northwest one-quarter (NW 1/4) of said Section
11 35 to an intersection with the westerly
12 projection of the South line of Tract 13 of
13 said Section 35 of FLORIDA FRUIT LANDS COMPANY
14 SUBDIVISION NO. 1, as recorded in Plat Book 2,
15 Page 17, of the Public Records of Dade County,
16 Florida;
17
18 Thence Easterly on said South line of Tract 13
19 to the Southeast corner of said Tract 13, said
20 point also being the Northwest corner of Tract
21 5 of said Section 35 of FLORIDA FRUIT LANDS
22 COMPANY SUBDIVISION NO. 1, as recorded in Plat
23 Book 2, Page 17, of the Public Records of Dade
24 County, Florida;
25
26 Thence Southerly on the West line of said Tract
27 5 to the Southwest corner of said Tract 5;
28
29 Thence Easterly on the South line of said Tract
30 5 and its Easterly projection to the East line
31 of said Section 35;
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1
2 The next Three (3) courses being on the
3 municipal boundary of Cooper City as
4 established by Ordinance Number 95-10-1;
5
6 Thence Southerly on the East line of said
7 Section 35 to an intersection with the Easterly
8 projection of the North line of Tract 54 of
9 said Section 35 of FLORIDA FRUIT LANDS COMPANY
10 SUBDIVISION NO. 1, as recorded in Plat Book 2,
11 Page 17, of the Public Records of Dade County,
12 Florida;
13
14 Thence Westerly on the Easterly projection and
15 the North line of said Tract 54 to an
16 intersection with a line lying 949 feet East of
17 an parallel to the West line of said Tract 54;
18
19 Thence Southerly on said parallel line to an
20 intersection with the South line of said Tract
21 54, said line also being the North line of
22 Tract A, Flamingo Road Baptist Church, as
23 recorded in Plat Book 112, Page 34, of the
24 Public Records of Broward County, Florida;
25
26 Thence Westerly on said South line of Tract 54,
27 also being the North line of said Tract A,
28 Flamingo Road Baptist Church to the Northwest
29 corner of said Tract A;
30
31
9
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1 Thence Southerly on the West line of said Tract
2 A, Flamingo Road Baptist Church and its
3 Southerly prolongation to the intersection with
4 the South line of Section 35, Township 50
5 South, Range 40 East, said point also being the
6 North line of Section 2, Township 51 South,
7 Range 40 East;
8
9 The next Five (5) courses being on the
10 municipal boundary of Cooper City as
11 established by Ordinance Number 86-12-21;
12
13 Thence Westerly on the North line of the
14 Northeast one-quarter (NE 1/4) of said Section
15 2 a distance of 329.88 feet;
16
17 Thence Southerly to the Southeast corner of
18 SHERIDAN HOUSE PLAT NO. 2, as recorded in Plat
19 Book 122, Page 42, of the Public Records of
20 Broward County, Florida;
21
22 Thence Westerly on the South line of said
23 SHERIDAN HOUSE PLAT NO. 2 to an intersection
24 with the East right-of-way line of Appaloosa
25 Trail (SW 127th Avenue), as recorded in Deed
26 Book 4230, Page 626, of the Public Records of
27 Broward County, Florida;
28
29 Thence Southerly on said East right-of-way line
30 to an intersection with the South line of Tract
31 4 of said Section 2 of THE EVERGLADES SUGAR &
10
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1 LAND CO., as recorded in Plat Book 2, Page 39
2 of the Public Records of Dade County, Florida;
3
4 Thence Easterly on said South line of Tract 4
5 to an intersection with the West line of the
6 East one-half (E 1/2) of Tract 29 of said
7 Section 2 of THE EVERGLADES SUGAR & LAND CO.,
8 as recorded in Plat Book 2, Page 39 of the
9 Public Records of Dade County, Florida;
10
11 Thence (on the municipal boundary of Cooper
12 City as established by Ordinance Number 87-2-3)
13 Southerly on the said West line of the East
14 one-half (E 1/2) of Tracts 29 and 30 of said
15 Section 2 of THE EVERGLADES SUGAR & LAND CO.,
16 as recorded in Plat Book 2, Page 39 of the
17 Public Records of Dade County, Florida to an
18 intersection with the North line of SCHOTT
19 MEMORIAL PLAT, as recorded in Plat Book 158,
20 Page 32, of the Public Records of Broward
21 County, Florida;
22
23 The next Three (3) courses being on the
24 municipal boundary of Cooper City as
25 established by Ordinance Number 97-1-1;
26
27 Westerly on the North line of said SCHOTT
28 MEMORIAL PLAT, as recorded in Plat Book 158,
29 Page 32, of the Public Records of Broward
30 County, Florida, to the Northwest corner of
31 said SCHOTT MEMORIAL PLAT;
11
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1
2 Thence Southerly on the West line of said
3 SCHOTT MEMORIAL PLAT, to the Southwest corner
4 of said SCHOTT MEMORIAL PLAT;
5
6 Thence Easterly on the South line of said
7 SCHOTT MEMORIAL PLAT, to an intersection with
8 the East line of Section 2, Township 51 South,
9 Range 40 East;
10
11 Thence (on the municipal boundary of Cooper
12 City as established by Ordinance Number 84-2-1)
13 Southerly on the East line of said Section 2 to
14 the POINT OF BEGINNING;
15
16 TOGETHER WITH;
17
18 Portions of Sections 4,5 and 6 of Township 51
19 South, Range 40 East, together with a portions
20 of Sections 1 and 3 of Township 51 South, Range
21 39 East, together with portions of sections
22 28,29,30,31,32 and 33 of Township 50 South,
23 Range 40 East, together with portions of
24 Sections 25,26,27,34,35 and 36 of Township 50
25 South, Range 39 East, being more particularly
26 described as follows:
27
28 BEGINNING at the Southwest corner of the East
29 one-half (E 1/2) of the Southwest one-quarter
30 (SW 1/4) of Section 4, Township 51 South, Range
31 40 East;
12
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1
2 (The next Two (2) courses being on the
3 municipal boundary line of the City of Pembroke
4 Pines as established by Ordinance Number 536
5 and House Bill 1567)
6
7 Thence Westerly, on the South line of said
8 Section 4 to the Southwest corner of said
9 Section 4, said point also being the Southeast
10 corner of Section 5, Township 51 South, Range
11 40 East;
12
13 Thence Westerly on the South line of said
14 Section 5 to an intersection with a line 72
15 feet West of and parallel with the East line of
16 said Section 5:
17
18 Thence Northerly, on said parallel line a
19 distance of 135.88 feet to a point on the
20 Easterly Plat limits line of STONERIDGE LAKE
21 ESTATES PLAT, as recorded in Plat Book 157,
22 Page 49 of the Public Records of Broward
23 County, Florida, said point being labeled as
24 "P.O.B. (Parcel 1)" on said plat;
25
26 The next Five (5) courses being on the
27 municipal boundary of the City of Pembroke
28 Pines as established by Ordinance Number 1118;
29
30 Thence Northerly on said parallel line, a
31 distance of 299.99 feet;
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1
2 Thence Easterly a distance of 15.00 feet to an
3 intersection with a line 57 feet West of and
4 parallel with the East line of said Section 5;
5
6 Thence Northerly on said parallel line, a
7 distance of 1,559.50 feet to an intersection
8 with the North line of Tract 51 of said Section
9 5, Township 51 South, Range 40 East, of FLORIDA
10 FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, as
11 recorded in Plat Book 2, Page 17, of the Public
12 Records of Dade County, Florida, said line also
13 being the Plat Limits line of said STONERIDGE
14 LAKE ESTATES PLAT;
15
16 Thence Westerly on said Plat Limits line, and
17 on the North line of said Tract 51 and the
18 North line of Tract 62 of said Section 5 of
19 said plat of FLORIDA FRUIT LANDS COMPANY'S
20 SUBDIVISION NO. 1, to the Northwest corner of
21 said Tract 62;
22
23 Thence Southerly on the West line of said Tract
24 62 and the West line of Tract 61 of said
25 Section 5, of said FLORIDA FRUIT LANDS
26 COMPANY'S SUBDIVISION NO. 1, (said line
27 described as being 15 feet East of and parallel
28 with the West line of the Southeast one-quarter
29 (SE 1/4) of said Section 5 by said Pembroke
30 Pines Ordinance Number 1118) to an intersection
31 with the Easterly projection of the North line
14
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1 of Tract 37 of said Section 5 of said FLORIDA
2 FRUIT LANDS COMPANY'S SUBDIVISION NO. 1;
3
4 The next Two (2) courses being on the municipal
5 boundary of the City of Pembroke Pines as
6 established by Ordinance Number 1084;
7
8 Thence Westerly on the North line of said Tract
9 37 and the Easterly projection thereof, and on
10 the North line of Tract 44 of said Section 5 of
11 said FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION
12 NO. 1, to the Northwest corner of said Tract
13 44;
14
15 Thence Southerly on the West line of said Tract
16 44 and on the West line of Tracts 43, 42 and
17 41, of said Section 5 of said FLORIDA FRUIT
18 LANDS COMPANY'S SUBDIVISION NO. 1, said line
19 being 15 feet East of and parallel with the
20 West line of said Section 5, to an intersection
21 with the South line of said Section 5;
22
23 The next Two courses being on the municipal
24 boundary of the City of Pembroke Pines as
25 established by Ordinance Number 536;
26
27 Thence Westerly on the South line of said
28 Section 5 and on the South line of Section 6,
29 Township 51 South, Range 40 East to the
30 Southwest corner of said Section 6, also being
31
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1 the Southeast corner of Section 1, Township 51
2 South, Range 39 East;
3
4 Thence continue Westerly on the South line of
5 said Section 1, to an intersection with the
6 East line of Tract 59 of said Section 1, as
7 shown on THE EVERGLADES LAND COMPANY, as
8 recorded in Plat Book 2, Page 1, of the Public
9 Records of Dade County, Florida;
10
11 Thence (on the municipal boundary of the City
12 of Pembroke Pines as established by Ordinance
13 Numbers 916 and 915) Northerly on the East line
14 of Tracts 59,54,43,38 and 27 to the Northeast
15 corner of said Tract 27 of said Section 1 as
16 shown on said plat of THE EVERGLADES LAND
17 COMPANY;
18
19 The next Three (3) courses being on the
20 municipal boundary of the City of Pembroke
21 Pines as established by Ordinance Number 1163;
22
23 Thence Easterly on the South line of Tracts 21
24 and 20 of said Section 1 as shown on said plat
25 of THE EVERGLADES LAND COMPANY, to an
26 intersection with the East line of the West
27 one-half (W 1/2) of said Tract 20;
28
29 Thence Northerly on the East line of the West
30 one-half (W 1/2) of said Tract 20 to an
31
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1 intersection with the North line of the South
2 one-half (S 1/2) of said Tract 20;
3
4 Thence Westerly on the North line of the South
5 one-half (S 1/2) of said Tracts 20 and 21 of
6 said Section 1, to an intersection with the
7 West line of said Tract 21, also being the East
8 line of Tract 22 of said Section 1;
9
10 Thence (on the municipal boundary of the City
11 of Pembroke pines as established Ordinance
12 Number 916) Northerly on the East line of
13 Tracts 22,11 and 6 to the North line of said
14 Section 1, of said plat of THE EVERGLADES LAND
15 COMPANY;
16
17 Thence (on the municipal boundary of the City
18 of Pembroke Pines as established by Ordinance
19 Numbers 916 and 910) Westerly on the North line
20 of said Section 1, also being the South line of
21 Section 36, Township 50 South, Range 39 East to
22 the intersection with the East line of Tract 58
23 in said Section 36, as shown on THE EVERGLADES
24 LAND COMPANY'S SUBDIVISION OF SECTION 36 &
25 SOUTH HALF OF SECTION 25, TOWNSHIP 50 SOUTH,
26 RANGE 39 EAST, as recorded in Plat Book 1, Page
27 63 of the Public Records of Dade County,
28 Florida;
29
30 Thence (on the municipal boundary of the City
31 of Pembroke Pines as established by Ordinance
17
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1 Number 907) Northerly on the East lines of
2 Tracts 58,55 and 42 in said Section 36 as shown
3 on said plat of THE EVERGLADES LAND COMPANY'S
4 SUBDIVISION OF SECTION 36 & SOUTH HALF OF
5 SECTION 25, TOWNSHIP 50 SOUTH, RANGE 39 EAST to
6 the Northeast corner of said Tract 42, said
7 point also being the Southeast corner of
8 FRONTIER TRAILS, as recorded in Plat Book 97,
9 Page 8, of the Public Records of Broward
10 County, Florida;
11
12 The next Three (3) courses being on the
13 municipal boundary of the City of Pembroke
14 Pines as established by Ordinance Number 930;
15
16 Thence Northerly on the East line of said
17 FRONTIER TRAILS to the Northeast corner of said
18 FRONTIER TRAILS, said corner being on the
19 center line of the right-of-way for Southwest
20 51st Manor (a 50 foot right-of-way);
21
22 Thence Westerly on said center line to the
23 Northwest corner of said FRONTIER TRAILS;
24
25 Thence Southerly on the West line of said
26 FRONTIER TRAILS to the Southwest corner of said
27 FRONTIER TRAILS, said point also being the
28 Northwest corner of Tract 42 of said Section 36
29 of the Plat of THE EVERGLADES LAND COMPANY'S
30 SUBDIVISION OF SECTION 36 & SOUTH HALF OF
31 SECTION 25, TOWNSHIP 50 SOUTH, RANGE 39 EAST;
18
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1
2 Thence (on the municipal boundary of the City
3 of Pembroke Pines as established by Ordinance
4 Number 907) Southerly on the West line of said
5 Tracts 42,55 and 58 to an intersection with the
6 south line of said Section 36;
7
8 Thence (on the municipal boundary of the City
9 of Pembroke Pines as established by Ordinance
10 Number 907) Westerly on said South line of
11 Section 36 and the South line of Section 35,
12 Township 50 South, Range 39 East to an
13 intersection with the Southerly projection of
14 the East line of SELIGMAN-KIA ACRES, according
15 to the Plat thereof, as recorded in Plat Book
16 104, Page 40 of the Public Records of Broward
17 County, Florida;
18
19 The next Four (4) courses being on the
20 municipal boundary of the City of Pembroke
21 Pines as established by Ordinance Number 909;
22
23 Thence Northerly on said East line of
24 SELIGMAN-KIA ACRES and its Southerly projection
25 to the Northeast corner of Lot 8, Block 4, of
26 said SELIGMAN-KIA ACRES
27
28 Thence Westerly on said North line of Lot 8,
29 Block 4 and its Westerly projection to the
30 Northeast corner of Lot 8, Block 3 of said
31 SELIGMAN-KIA ACRES;
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1
2 Thence continue Westerly on the North line of
3 said Lot 8, Block 3 to the Northwest corner of
4 said Lot 8, Block 3, said corner being located
5 on the West line of said SELIGMAN-KIA ACRES;
6
7 Thence Southerly on said West line of
8 SELIGMAN-KIA ACRES to an intersection with a
9 line 91.69 feet North of and parallel with the
10 South line of Tract 20 in said Section 35 of
11 THE EVERGLADES LAND COMPANY, as recorded in
12 Plat Book 2, Page 1, of the Public Records of
13 Dade County, Florida, (said South line of Tract
14 20 also being the South boundary of
15 SELIGMAN-DURANGO WEST as recorded in Plat Book
16 98, Page 48, of the Public Records of Broward
17 County, Florida);
18
19 The next Three (3) courses being on the
20 municipal boundary of the City of Pembroke
21 Pines as established by Ordinance Number 907;
22
23 Thence Westerly on said parallel line to an
24 intersection with the East line of the
25 Northwest one-quarter (NW 1/4) of said Section
26 35, said line also being the Centerline of the
27 right-of-way of Southwest 202nd Avenue;
28
29 Thence Northerly on said East line of the
30 Northwest one-quarter (NW 1/4) of said Section
31 35, to an intersection with the Southerly
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1 boundary of TRAILS OF EL RANCHO ACRES, as
2 recorded in Plat Book 93, Page 34, of the
3 Public Records of Broward County, Florida;
4
5 Thence Westerly on said Southerly boundary of
6 TRAILS OF EL RANCHO ACRES to an intersection
7 with the East line of Tract 9 of said Section
8 35, of THE EVERGLADES LAND COMPANY, as recorded
9 in Plat Book 2, Page 1, of the Public Records
10 of Dade County, Florida;
11
12 The next Five (5) courses being on the
13 municipal boundary of the City of Pembroke
14 Pines as established by Ordinance Numbers 1046
15 and 1041;
16
17 Thence Northerly on the East line of said
18 Tracts 9 and 8 of said Section 35 and
19 continuing Northerly on the East line of Tract
20 57 of Section 26, Township 50 South, Range 39
21 East of said plat of THE EVERGLADES LAND
22 COMPANY to an intersection with a line 726 feet
23 South of and parallel with the South
24 right-of-way line of Griffin Road;
25
26 Thence Westerly on said parallel line to an
27 intersection with a line 239.93 feet West of
28 and parallel with the East line of Tracts 57
29 and 56 of said Section 26 of said plat of THE
30 EVERGLADES LAND COMPANY;
31
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1 Thence Northerly on said parallel line to an
2 intersection with the South right-of-way line
3 of Griffin Road;
4
5 Thence Westerly on said South right-of-way line
6 of Griffin Road to an intersection with the
7 West line of Section 26, Township 50 South,
8 Range 39 East;
9
10 Thence Southerly on the West line of line of
11 said Section 26, and continuing Southerly on
12 the West line of Section 35, Township 50 South,
13 Range 39 East, to an intersection with the
14 North line of Tract 32 of Section 34, Township
15 50 South, Range 39 East of said plat of THE
16 EVERGLADES LAND COMPANY;
17
18 The next Three (3) courses being on the
19 municipal boundary of the City of Pembroke
20 Pines as established by Ordinance Number 1047;
21
22 Thence Westerly on the North line of said Tract
23 32 and its Easterly projection to the Northwest
24 corner of said Tract 32;
25
26 Thence Southerly on the West line of said Tract
27 32 to an intersection with the South line of
28 the North one-half (N 1/2) of Tract 32 of
29 Section 34, Township 50 South, Range 39 East;
30
31
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1 Thence Easterly on said South line of the North
2 one-half (N 1/2) of Tract 32 and its Easterly
3 projection to an intersection with the East
4 line of Section 34, Township 50 South, Range 39
5 East, said line also being the West line of
6 Section 35, Township 50 South, Range 39 East;
7
8 The next Two (2) courses being on the municipal
9 boundary of the City of Pembroke Pines as
10 established by Ordinance Number 1046;
11
12 Thence Southerly on said East line of Section
13 34 also being the West line of said Section 35
14 to an intersection with the South line of the
15 Northwest one-quarter (NW 1/4) of said Section
16 35;
17
18 Thence Easterly on said South line of the
19 Northwest one-quarter (NW 1/4) of said Section
20 35 to an intersection with the Northerly
21 projection of Tract 39, of said Section 35 of
22 THE EVERGLADES LAND COMPANY as recorded in Plat
23 Book 2, Page 1, of the Public Records of Dade
24 County, Florida;
25
26 Thence (on the municipal boundary of the City
27 of Pembroke Pines as established by Ordinance
28 Number 907) Southerly on the West line of
29 Tracts 39, 42 and 55 of said Section 35 of THE
30 EVERGLADES LAND COMPANY as recorded in Plat
31 Book 2, Page 1, of the Public Records of Dade
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1 County, Florida said line also being the West
2 plat limits of THE TRAILS, as recorded in Plat
3 Book 143, Page 35 of the Public Records of
4 Broward County, Florida to the Southwest corner
5 of said Tract 55;
6
7 The next Two (2) courses being on the municipal
8 boundary of the City of Pembroke Pines as
9 established by Ordinance Number 945;
10
11 Thence Westerly on the North line of Tract 57
12 of Section 35 of THE EVERGLADES LAND COMPANY as
13 recorded in Plat Book 2, Page 1, of the Public
14 Records of Dade County, Florida and its
15 Westerly projection to an intersection with the
16 West line of said Section 35, Township 50
17 South, Range 39 East;
18
19 Thence Southerly on said West line of said
20 Section 35 to the Southwest corner of said
21 Section 35, Township 50 South, Range 39 East,
22 said point also being the Northeast corner of
23 Section 3, Township 51 South, Range 39 East;
24
25 Thence Southerly on the East line of said
26 Section 3, to an intersection with the South
27 right-of-way line of Stirling Road as shown on
28 and dedicated by BROWARD COUNTY INTERIM
29 CONTINGENCY SANITARY LANDFILL, as recorded in
30 Plat Book 135, Page 7, of the Public Records of
31 Broward County, Florida, said right-of-way line
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1 being 55 feet South of and parallel with the
2 North line of said Section 3;
3
4 Thence Westerly on said South right-of-way line
5 to an intersection with the East right-of-way
6 line of State Road No. 25 (also known as U.S.
7 Highway No. 27) as shown on the State of
8 Florida Department of Transportation
9 Right-of-Way Map Section 86060-2516, Sheets 4,
10 5, and 6 of 7, dated August 16, 1976 and last
11 revised November 1987;
12
13 Thence Southerly on said East right-of-way line
14 of State Road No. 25 to an intersection with
15 the South line of Section 3, Township 51 South,
16 Range 39 East;
17
18 Thence Westerly on the municipal boundary of
19 the City of Pembroke Pines as established by
20 Ordinance Number 536 to the South West corner
21 of said Section 3, Township 51 South, Range 39
22 East;
23
24 Thence Northerly on the West line of said
25 Section 3, and continuing Northerly on the West
26 line of Section 34, Township 50 South, Range 39
27 East and on the West line of the Southwest
28 one-quarter (NW 1/4) of Section 27, Township 50
29 South, Range 39 East, to an intersection with
30 the North right-of-way line of the South
31 Florida Water Management District canal C-11
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1 (also known as the South New River Canal) in
2 said Section 27 as shown on South Florida Water
3 Management District right-of-way maps for Canal
4 C-11, Drawing Number C-11-3, Sheet 1 of 3;
5
6 Thence (on the municipal boundary of the City
7 of Weston as established by Senate Bill 3130)
8 Easterly on the said North right-of-way line of
9 the South Florida Water Management District
10 Canal C-11 (South New River Canal) to a point
11 on the East line of Section 29, Township 50
12 South, Range 40 East, to a point on the East
13 line of Section 29, Township 50 South, Range 40
14 East, said East line also being the West line
15 of Section 28, Township 50 South, Range 40
16 East;
17
18 The next Two (2) courses being on the municipal
19 boundary of the Town of Davie as established by
20 Ordinance Number 77-44;
21
22 Thence Southerly on said East line to a point
23 on the original centerline of right-of-way of
24 the South Florida Water Management District
25 Canal C-11 (South New River Canal);
26
27 Thence Easterly on said original centerline of
28 the South Florida Water Management District
29 Canal C-11 (South New River Canal) to an
30 intersection with the West line of the East
31 one-half (E 1/2) of the West one-half (W 1/2)
26
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1 of Section 28, Township 50 South, Range 40
2 East;
3
4 Thence (on the municipal boundary of the Town
5 of Davie as established by Ordinance Number
6 86-14) Southerly on the said West line of the
7 East one-half (E 1/2) of the West one-half (W
8 1/2) of said Section 28, and on the West line
9 of the East one-half (E 1/2) of the West
10 one-half (W 1/2) of Section 33, Township 50
11 South, Range 40 East, to an intersection with
12 the North line of Tact 45 of said Section 33,
13 as shown on FLORIDA FRUIT LANDS COMPANY'S
14 SUBDIVISION NO. 1, as recorded in Plat Book 2,
15 Page 17 of the Public Records of Dade County,
16 Florida;
17
18 The next Two (2) courses being on the municipal
19 boundary of the Town of Davie as established by
20 Ordinance Number 88-31;
21
22 Thence Westerly on the North line of said Tract
23 45 (said line also being the North Plat Limits
24 line of HAWKE'S BLUFF "TOO", as recorded in
25 Plat Book 134, Page 25, of the Public Records
26 Broward County, Florida) to an intersection
27 with a line 55 feet East of and parallel with
28 the West line of said Section 33;
29
30 Thence Southerly on said parallel line to an
31 intersection with a line 1,400 feet North of
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1 and parallel with the South line of said
2 Section 33;
3
4 The next Two (2) courses being on the municipal
5 boundary of the Town of Davie as established by
6 Ordinance Number 93-12;
7
8 Thence Westerly on said parallel line to an
9 intersection with the West right-of-way line of
10 Southwest 160th Avenue;
11
12 Thence Southerly on said West right-of-way
13 line, to an intersection with the North line of
14 Tact 6 of Section 5, Township 51 South, Range
15 40 East of FLORIDA FRUIT LANDS COMPANY'S
16 SUBDIVISION NO. 1, as recorded in Plat Book 2,
17 Page 17 of the Public Records of Dade County,
18 Florida, said line also being the North Plat
19 Limits of SOUTH BROWARD DRAINAGE DISTRICT as
20 recorded in Plat Book 144, Page 12, of the
21 Public Records of Broward County, Florida;
22
23 Thence (on the municipal boundary of the Town
24 of Davie as established by Ordinance Number
25 88-50) Westerly on said North line of Tract 6
26 to an intersection with the East line of the
27 West one-half (W 1/2) of Tract 5 of said
28 Section 5, as shown on said FLORIDA FRUIT LANDS
29 COMPANY'S SUBDIVISION NO. 1, said line also
30 being the Plat Limits line of ESTATES OF
31 STIRLING LAKE as recorded in Plat Book 142,
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1 Page 6, of the Public Records of Broward
2 County, Florida;
3
4 The next Nine (9) courses being on the
5 municipal boundary of the Town of Davie as
6 established by Ordinance Number 89-11;
7
8 Thence Northerly on the East line of the West
9 one-half (W 1/2) of said Tract 5, and on the
10 East line of the West one-half (W 1/2) of
11 Tracts 4, 3, 2 and 1, of said Section 5, of
12 FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO.
13 1, to an intersection with a line 55 feet South
14 of and parallel with the North line of said
15 Section 5;
16
17 Thence Westerly on said parallel line to an
18 intersection with the West line of said Tract 1
19 of said Section 5;
20
21 Thence Southerly on the West line of said
22 Tracts 1, 2 and 3 to the Northeast corner of
23 Tract 13 of said Section 5 of FLORIDA FRUIT
24 LANDS COMPANY'S SUBDIVISION NO. 1;
25
26 Thence Westerly on the North line of said Tract
27 13 to an intersection with the West line of the
28 Northeast one-quarter (NE 1/4) of said Section
29 5;
30
31
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1 Thence Southerly on said West line to an
2 intersection with the South line of Tract 10 of
3 said Section 5 of FLORIDA FRUIT LANDS COMPANY'S
4 SUBDIVISION NO. 1;
5
6 Thence Easterly on said South line to an
7 intersection with the West line of the East
8 one-half (E 1/2) of said Tract 10;
9
10 Thence Northerly on said West line, to an
11 intersection with a line 13.30 feet North of
12 and parallel with the South line of said Tract
13 10;
14
15 Thence Easterly on said parallel line to an
16 intersection with the West line of Tract 7 of
17 said Section 5 of FLORIDA FRUIT LANDS COMPANY'S
18 SUBDIVISION NO. 1;
19
20 Thence Southerly on said West line of Tract 7
21 and on the West line of Tract 8 of said Section
22 5, to an intersection with the South line of
23 the Northeast one-quarter (NE 1/4) of said
24 Section 5;
25
26 The next Three (3) courses being on the
27 municipal boundary of the City of Pembroke
28 Pines as established by Ordinance Number 1118;
29
30 Thence Southerly on the West line of Tract 49
31 of said Section 5 of FLORIDA FRUIT LANDS
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1 COMPANY'S SUBDIVISION NO. 1, to the Southwest
2 corner of said Tract 49;
3
4 Thence Easterly on the South line of said Tract
5 49, to an intersection with a line 57 feet West
6 of and parallel with the East line of said
7 Section 5;
8
9 Thence Northerly on said parallel line, to an
10 intersection with the South line of the
11 Northeast one-quarter (NE 1/4) of said Section
12 5;
13
14 Thence (on the municipal boundary of the Town
15 of Davie as established by Ordinance Number
16 88-50) Easterly on said South line of the
17 Northeast one-quarter (NE 1/4) of Section 5, to
18 an intersection with the East line of said
19 Section 5, said line also being the West line
20 of Section 4, Township 51 South, Range 40 East;
21
22 Thence (on the municipal boundary of the Town
23 of Davie as established by Ordinance Number
24 88-31) Easterly on the South line of the
25 Northwest one-quarter (NW 1/4) of said Section
26 4, to an intersection with the West line of the
27 East one-half (E 1/2) of the West one-half (W
28 1/2) of said Section 4;
29
30 Thence (on the municipal boundary of the Town
31 of Davie as established by Ordinance Number
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1 86-14) Southerly on said West line of the East
2 one-half (E 1/2) of the West one-half (W 1/2)
3 of said Section 4, to the POINT OF BEGINNING;
4
5 TOGETHER WITH;
6
7 A parcel of land in the West one-half (W 1/2)
8 of the East one-half (E 1/2) of Section 2,
9 Township 51 South, Range 39 East, said parcel
10 including Lots 60, 61 and 62 and the adjacent
11 right-of-way for Sylan Pass lying North of said
12 Lots, all as shown on the REPLAT OF WEST
13 BROWARD INDUSTRIAL PARK, as recorded in Plat
14 Book 157, Page 39, of the Public Records of
15 Broward County, Florida, said parcel being
16 bounded as follows:
17
18 On the South by the Northern Plat Limits line
19 of the B.C.W. PLAT, as recorded in Plat Book
20 162, Page 22, of the Public Records of Broward
21 County, Florida;
22
23 On the West by the Easterly Plat limits line of
24 the BROWARD CORRECTIONAL INSTITUTION, as
25 recorded in Plat Book 90, Page 12, of the
26 Public Records of Broward County, Florida;
27
28 On the North by the North line of said Lot 62
29 of REPLAT OF PORTION OF WEST BROWARD INDUSTRIAL
30 PARK and the Easterly extension thereof, said
31 line also being the common plat limits line
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1 between said REPLAT OF PORTION OF WEST BROWARD
2 INDUSTRIAL PARK, and the plat of BROWARD COUNTY
3 INTERIM CONTINGENCY SANITARY LANDFILL, as
4 recorded in Plat Book 135, Page 7, of the
5 Public Records of Broward County, Florida;
6
7 Note: There is a history of differences in the
8 interpretation of the plats of FLORIDA FRUIT
9 LANDS COMPANY'S SUBDIVISION NO. 1 (Plat Book 2,
10 Page 17, Dade County Records), THE EVERGLADES
11 SUGAR & LAND CO. (Plat Book 2, Page 39, Dade
12 County, Records), THE EVERGLADES LAND
13 COMPANY,(Plat Book 2, Page 1, Dade County,
14 Records), and THE EVERGLADES LAND COMPANY'S
15 SUBDIVISION OF SECTION 36 & SOUTH HALF OF
16 SECTION 25, TOWNSHIP 50 SOUTH, RANGE 39 EAST,
17 (Plat Book 1, Page 63 Dade County, Records). In
18 some instances, the lack of adequate
19 dimensions, labels and dedication statements on
20 these plats, has resulted in differences of
21 interpretation with the respect to certain
22 tract lines being located on the sectional
23 breakdown lines or on the platted right-of-way
24 lines. This legal description cannot resolve
25 these differences. It is the intent of this
26 legal description to match the boundary of a
27 municipality in those instances where the legal
28 description is affected by these differences.
29
30 Section 1.04. Powers.--The Town shall have all
31 available governmental, corporate, and proprietary powers and
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1 may exercise them, except when prohibited by law. Through the
2 adoption of this Charter, it is the intent of the electors of
3 the Town that the municipal government established herein have
4 the broadest exercise of home rule powers permitted under the
5 Constitution and laws of the State.
6 Section 1.05. Construction.--This Charter and the
7 powers of the Town shall be construed liberally in favor of
8 the Town.
9 ARTICLE II. TOWN COUNCIL; MAYOR
10 Section 2.01. Town Council.--There shall be a Town
11 Council (the "Council") vested with all legislative powers of
12 the Town, consisting of four members ("Council members") and
13 the Mayor. Council members shall occupy seats numbered 1
14 through 4. References in this Charter to Council members
15 shall include the Mayor, unless the context dictates
16 otherwise. Unless otherwise stated within this Charter, all
17 Charter powers shall be exercised by the Council.
18 Section 2.02. Mayor.--The Mayor shall preside at
19 meetings of the Council and be a voting member of the Council.
20 The Mayor shall be recognized as the head of Town government
21 for all ceremonial purposes, for purposes of military law, and
22 for service of process and execution of duly authorized
23 contracts, deeds, and other documents, and as the Town
24 official designated to represent the Town when dealing with
25 other governmental entities.
26 Section 2.03. Vice Mayor.--The Vice Mayor shall act as
27 Mayor in the absence of the Mayor. The Vice Mayor shall be
28 elected for a period of 2 years by a majority of the Council
29 at the first meeting of the Council after each election.
30 Section 2.04. Election and term of office.--
31
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1 (a) ELECTION AND TERM OF OFFICE.--Except as provided
2 in Section 9.03(c), each Council member and the Mayor shall be
3 elected at large for 4-year terms by the electors of the Town
4 in the manner provided in Article VI. Each Council member and
5 the Mayor shall remain in office until his or her successor is
6 elected and assumes the duties of the position.
7 (b) DESIGNATED SEATS.--Except as provided in Section
8 9.03(c), the Town Council shall be divided into four seats,
9 designated 1, 2, 3, and 4, to be voted on town-wide, with each
10 qualified elector entitled to vote for one candidate for each
11 seat.
12 Section 2.05. Qualifications.--Except as provided in
13 Section 9.03(c), candidates for Council member shall qualify
14 for election by the filing of a written notice of candidacy
15 with the Clerk of the Town at such time and in such manner as
16 may be prescribed by ordinance and payment to the Clerk of the
17 sum of $100, plus any fees required by Florida Statutes, as a
18 qualifying fee. A person may not be a candidate for more than
19 one office in the same election. Only electors of the Town
20 who have resided continuously in the Town for at least 1 year
21 preceding the date of such filing shall be eligible to hold
22 the office of Council member. If at the conclusion of the
23 qualifying period no elector shall have filed for candidacy,
24 the Council seat shall be open for a period of 5 days and any
25 qualified elector who has resided in the Town continuously for
26 at least 1 year preceding the date of such filing may file a
27 written notice of candidacy for said Council seat in
28 accordance with the remaining provisions of this section.
29 Section 2.06. Vacancies; forfeiture of office; filling
30 of vacancies.--
31
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1 (a) VACANCIES.--The office of a Council member shall
2 become vacant upon his or her death, resignation, or removal
3 from office in any manner authorized by law or by forfeiture
4 of his or her office.
5 (b) FORFEITURE OF OFFICE.--
6 (1) Forfeiture by disqualification.--A Council member
7 shall forfeit his or her office if at any time during his or
8 her term he or she ceases to maintain his or her permanent
9 residence in the Town or if he or she otherwise ceases to be a
10 qualified elector of the Town.
11 (2) Forfeiture by absence.--A Council member shall be
12 subject to forfeiture of his or her office, in the discretion
13 of the remaining Council members, if he or she is absent
14 without good cause from any three consecutive regular meetings
15 of the Council during any calendar year or if he or she is
16 absent without good cause from any four regular meetings of
17 the Council within any 12-month period.
18 (3) Procedures.--The Council shall be the sole judge
19 of the qualifications of its members and shall hear all
20 questions relating to forfeiture of a Council member's office,
21 including whether or not good cause for absence has been or
22 may be established. The burden of establishing good cause
23 shall be on the Council member in question; however, any
24 Council member may at any time during any duly held meeting
25 move to establish good cause for his or her absence or the
26 absence of any other Council member, from any past, present,
27 or future meeting or meetings, which motion, if carried, shall
28 be conclusive. A Council member whose qualifications are in
29 question or who is otherwise subject to forfeiture of his or
30 her office shall not vote on any such matters. The Council
31 member in question shall be entitled to a public hearing on
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1 requests regarding an alleged forfeiture of office. If a
2 public hearing is requested, notice thereof shall be published
3 in one or more newspapers of general circulation in the Town
4 at least 1 week in advance of the hearing. Any final
5 determination by the Council that a Council member has
6 forfeited his or her office shall be made by resolution. All
7 votes and other acts of the Council member in question prior
8 to the effective date of such resolution shall be valid
9 regardless of the grounds of forfeiture.
10 (c) FILLING OF VACANCIES.--A vacancy on the Council
11 shall be filled as follows:
12 (1) If less than 1 year remains in the unexpired term,
13 the vacancy shall be filled by the Council within 30 days.
14 (2) If 1 year or more remains in the unexpired term,
15 the vacancy shall be filled by a special election to be held
16 not sooner than 30 days or more than 60 days following the
17 occurrence of the vacancy.
18 (3) Persons filling vacancies shall meet the
19 qualifications specified in this Article.
20 (4) If no candidate for a vacancy meets the
21 qualifications under this Article for that vacancy, the
22 Council shall appoint a person qualified under this Article to
23 fill the vacancy.
24 (5) Notwithstanding any quorum requirements
25 established herein, if at any time the full membership of the
26 Council is reduced to less than a quorum, the remaining
27 members may, by majority vote, appoint additional members to
28 the extent otherwise permitted or required under this
29 subsection.
30 (6) In the event that all the members of the Council
31 are removed by death, disability, recall, forfeiture of
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1 office, or resignation, or any combination thereof, the
2 Governor shall appoint interim Council members who shall call
3 a special election within not less than 30 days or more than
4 60 days after such appointment. Such election shall be held
5 in the same manner as the initial elections under this
6 Charter. However, if there are less than 6 months remaining
7 in the unexpired terms, the interim Council appointed by the
8 Governor shall serve out the unexpired terms. Appointees must
9 meet all requirements for candidates provided for in this
10 Article.
11 Section 2.07. Compensation; reimbursement for
12 expenses.--
13 (a) The Council members shall be compensated at the
14 rate of $300 per month. The Mayor shall be compensated at the
15 rate of $400 per month. The Mayor and Council shall receive
16 reimbursement in accordance with applicable law, or as may be
17 otherwise provided by ordinance, for authorized travel and per
18 diem expenses incurred in the performance of their official
19 duties.
20 (b) An ordinance establishing, increasing, or
21 decreasing compensation of the Mayor or Council may be adopted
22 at any time; however, in no event shall any establishment of
23 compensation or any increase in compensation become effective
24 prior to the first day of the first month following the first
25 regular election of the Town subsequent to the adoption of
26 such ordinance.
27 Section 2.08. Rules of procedure.--The Council shall
28 determine its own rules of procedure.
29 ARTICLE III. ADMINISTRATIVE
30 Section 3.01. Town Administrator.--There shall be a
31 Town Administrator (the "Administrator"), who shall be the
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1 chief administrative officer of the Town. The Administrator
2 shall be responsible to the Council for the administration of
3 all Town affairs.
4 Section 3.02. Appointment; removal; compensation.--The
5 Council shall appoint the Administrator for an indefinite term
6 by an affirmative vote of at least four Council members. The
7 Council may remove the Administrator at any time by an
8 affirmative vote of at least four Council members. The
9 compensation and benefits of the Administrator shall be fixed
10 by the Council. Any consideration of the removal of the
11 Administrator must be an agenda item with public notice given.
12 Section 3.03. Powers and duties of the
13 Administrator.--The Administrator shall:
14 (a) Be responsible for the hiring, supervision, and
15 removal of all Town employees.
16 (b) Direct and supervise the administration of all
17 departments and offices, but not Town boards or agencies,
18 unless so directed by the Council from time to time.
19 (c) Attend all Council meetings and have the right to
20 take part in discussion, but not the right to vote.
21 (d) Ensure that all laws, provisions of this Charter,
22 and acts of the Council, subject to enforcement or
23 administration by him or her or by officers subject to his or
24 her direction and supervision, are faithfully executed.
25 (e) Prepare and submit to the Council a proposed
26 annual budget and capital program.
27 (f) Submit to the Council and make available to the
28 public an annual report on the finances and administrative
29 activities of the Town as of the end of each fiscal year.
30
31
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1 (g) Prepare such other reports as the Council may
2 require concerning the operations of Town departments,
3 offices, boards, and agencies.
4 (h) Keep the Council fully advised as to the financial
5 condition and future needs of the Town and make such
6 recommendations to the Council concerning the affairs of the
7 Town as he or she deems to be in the best interests of the
8 Town.
9 (i) Execute, with the Mayor, contracts, deeds, and
10 other documents on behalf of the Town, as authorized by the
11 Council.
12 (j) Implement the purchase code and guidelines adopted
13 by the Council for the acquisition of goods and services for
14 the Town.
15 (k) Perform such other duties as are specified in this
16 Charter or as may be required by the Council.
17 Section 3.04. Absence or disability of
18 Administrator.--To perform his or her duties during his or her
19 temporary absence or disability, the Administrator may
20 designate, by letter filed with the Town Clerk, a qualified
21 administrative officer of the Town. In the event of failure
22 of the Administrator to make such designation, or should the
23 person so designated by the Town Administrator be
24 unsatisfactory to the Council, the Council may by resolution
25 appoint an officer of the Town to perform the duties of the
26 Administrator until he or she shall return or his or her
27 disability shall cease.
28 Section 3.05. Bond of Administrator.--The
29 Administrator shall furnish a surety bond to be approved by
30 the Council, and in such amount as the Council may fix, said
31 bond to be conditioned on the faithful performance of his or
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1 her duties. The premium of the bond shall be paid by the
2 Town.
3 Section 3.06. Town Clerk.--The Administrator shall
4 appoint a Town Clerk or management firm to serve as Town Clerk
5 (the "Clerk"). The Clerk shall give notice of Council
6 meetings to its members and the public, shall keep minutes of
7 its proceedings, and shall perform such other duties as the
8 Council or Administrator may prescribe from time to time. The
9 Clerk shall report to the Administrator.
10 Section 3.07. Town Attorney.--The Council shall
11 appoint the Town Attorney for an indefinite term by an
12 affirmative vote of at least four Council members. The
13 Council members may remove the Town Attorney at any time by an
14 affirmative vote of at least four Council members. The
15 compensation and benefits of the Town Attorney shall be fixed
16 by the Council. The Town Attorney shall report to the
17 Council. The Town Attorney shall take office immediately on
18 appointment, and the terms and conditions shall subsequently
19 be reduced to a written contract. The Council shall have the
20 authority to engage such additional legal counsel as it deems
21 advisable and necessary.
22 Section 3.08. Powers and duties of the Town
23 Attorney.--The Town Attorney or other attorney, designated and
24 approved by the Council, shall, to the extent required by the
25 Council:
26 (a) Attend all regular and special meetings of the
27 Council.
28 (b) Act as the legal advisor to and counselor for the
29 Town and its officers in the matters relating to their
30 official duties.
31
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1 (c) Approve all contracts, bonds, and other
2 instruments in which the Town is concerned and shall endorse
3 on each his or her approval of the form and correctness
4 thereof. No contract with the Town shall take effect until
5 his or her approval is so endorsed thereon.
6 (d) When requested to do so by the Council, prosecute
7 and defend on behalf of the Town all complaints, suits, and
8 controversies in which the Town is a party.
9 (e) When so requested, furnish the Mayor, Council, or
10 Administrator his or her opinion on any question of law
11 involving the respective powers and duties of the Mayor,
12 Council, or Administrator.
13 (f) Perform such other professional duties as required
14 of him or her by resolution of the Council or as prescribed
15 for municipal attorneys in the general laws of the State which
16 are not inconsistent with this Charter.
17 Section 3.09. Expenditure of Town funds.--No funds of
18 the Town shall be expended except pursuant to duly approved
19 appropriations or for the payment of bonds, notes, or other
20 indebtedness duly authorized by the Council and only from such
21 funds so authorized.
22 Section 3.10. Town boards and agencies.--Except as
23 otherwise provided by law, the Council may establish or
24 terminate such boards and agencies as it may deem advisable
25 from time to time. The boards and agencies shall report to
26 the Council. Members of boards and agencies shall be
27 appointed by the Council by resolution.
28 ARTICLE IV. LEGISLATIVE
29 Section 4.01. Council meeting procedure.--
30 (a) MEETINGS.--The Council shall hold at least 11
31 monthly meetings in each fiscal year at such times and places
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1 as the Council may prescribe by rule. No meeting shall extend
2 beyond 11 p.m. local time. Notwithstanding the aforesaid, the
3 Council may conclude debate and voting on any agenda item
4 under consideration at 11 p.m. Special meetings may be held
5 on the call of the Mayor or upon the call of three members of
6 the Council, and upon no less than 24 hours' notice to each
7 member and the public, or such shorter time as a majority of
8 the Council shall deem necessary in case of an emergency
9 affecting life, health, property, or the public peace.
10 (b) QUORUM AND VOTING.--Except as otherwise provided
11 in this Charter, any three members of the Council shall
12 constitute a quorum. The affirmative vote of three members of
13 the Council shall be required for any legislative action with
14 the exception of quasi-judicial items relating to land use and
15 zoning, which shall be governed by Section 5.01. All voting
16 shall be by roll call.
17 Section 4.02. Prohibitions.--
18 (a) APPOINTMENTS AND REMOVALS.--Neither the Council
19 nor any of its members shall in any manner dictate the
20 appointment or removal of any Town administrative officers or
21 employees whom the Administrator or any of his or her
22 subordinates is empowered to appoint, but the Council members
23 may express their views and fully and freely discuss with the
24 Administrator anything pertaining to appointment and removal
25 of such officers and employees.
26 (b) INTERFERENCE WITH ADMINISTRATION.--Except for the
27 purpose of inquiries and investigations made in good faith,
28 the Council or its members shall deal with Town officers and
29 employees who are subject to the direction and supervision of
30 the Administrator solely through the Administrator, and
31 neither the Council nor its members shall give orders to any
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1 such officer or employee, either publicly or privately. It is
2 the express intent of this Charter that recommendations for
3 improvement in Town government operations by individual
4 Council members be made solely to and through the
5 Administrator. Council members may discuss with the
6 Administrator any matter of Town business; however, no
7 individual Council member shall give orders to the
8 Administrator.
9 (c) HOLDING OTHER OFFICE.--No elected Town official
10 shall hold any appointive Town office or Town employment while
11 in office. No former elected Town official shall hold any
12 compensated appointive Town office or Town employment until 1
13 year after the expiration of his or her term.
14 Section 4.03. Emergency ordinances.--
15 (a) AUTHORIZATION; FORM.--To meet a public emergency
16 affecting life, health, property, or the public peace, the
17 Council may adopt, in the manner provided by Florida Statutes,
18 one or more emergency ordinances, but such ordinances may not:
19 enact or amend a land use plan or rezone private property;
20 levy taxes; grant, renew, or extend any municipal franchise;
21 set service or user charges for any municipal services; or
22 authorize the borrowing of money, except as provided under the
23 emergency appropriations provisions of this Charter, if
24 applicable. An emergency ordinance shall be introduced in the
25 form and manner prescribed for ordinances generally, except
26 that it shall be plainly designated in a preamble as an
27 emergency ordinance and shall contain, after the enacting
28 clause, a declaration stating that an emergency exists and
29 describing it in clear and specific terms.
30 (b) PROCEDURE.--Upon the affirmative vote of four
31 Council members, an emergency ordinance may be adopted with or
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1 without amendment or rejected at the meeting at which it is
2 introduced. After its adoption, the ordinance shall be
3 advertised and printed as prescribed for other ordinances.
4 (c) EFFECTIVE DATE.--Emergency ordinances shall become
5 effective upon adoption or at such other date as may be
6 specified in the ordinance.
7 (d) REPEAL.--Every emergency ordinance, except
8 emergency appropriation ordinances, shall automatically be
9 repealed as of the 61st day following its effective date, but
10 this shall not prevent reenactment of the ordinance under
11 regular procedures or, if the emergency still exists, in the
12 manner specified in this section. An emergency ordinance may
13 also be repealed by adoption of a repealing ordinance in the
14 same manner specified in this section for adoption of
15 emergency ordinances.
16 (e) EMERGENCY APPROPRIATIONS.--To meet a public
17 emergency affecting life, health, property, or the public
18 peace, the Council, by resolution, may make emergency
19 appropriations. To the extent that there are no
20 unappropriated revenues to meet such appropriation, the
21 Council may by such emergency resolution authorize the
22 issuance of emergency notes, which may be renewed from time to
23 time, but the emergency notes and renewals in any fiscal year
24 shall be paid not later than the last day of the fiscal year
25 succeeding that in which the emergency appropriations were
26 made.
27 Section 4.04. Annual budget adoption.--
28 (a) BALANCED BUDGET.--Each annual budget adopted by
29 the Council shall not provide for expenditures in an amount
30 greater than the revenues budgeted.
31
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1 (b) BUDGET ADOPTION.--The budget shall be adopted in
2 accordance with applicable Florida Statutes and any amendments
3 thereto.
4 (c) SPECIFIC APPROPRIATION.--The budget shall be
5 specific as to the nature of each category of appropriations.
6 Reasonable appropriations may be made for contingencies, but
7 only within defined spending categories.
8 Section 4.05. Fiscal year.--The fiscal year of the
9 Town government shall begin on the first day of October and
10 shall end on the last day of September of the following
11 calendar year, unless otherwise defined by Florida Statutes.
12 Such fiscal year shall also constitute the annual budget and
13 accounting year.
14 Section 4.06. Appropriation amendments during the
15 fiscal year.--
16 (a) SUPPLEMENTAL APPROPRIATIONS.--If, during any
17 fiscal year, revenues in excess of those estimated in the
18 annual budget are available for appropriation, the Council may
19 by ordinance make supplemental appropriations for the fiscal
20 year up to the amount of such excess.
21 (b) REDUCTION OF APPROPRIATIONS.--If, at any time
22 during the fiscal year, it appears probable to the
23 Administrator that the revenues available will be insufficient
24 to meet the amounts appropriated, he or she shall report to
25 the Council without delay, indicating the estimated amount of
26 the deficit and his or her recommendations as to the remedial
27 action to be taken. The Council shall then take such action
28 as it deems appropriate to prevent any deficit spending not
29 covered by adequate reserves.
30
31
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1 Section 4.07. Authentication, recording, and
2 disposition of ordinances, resolutions, and Charter
3 amendments.--
4 (a) AUTHENTICATION.--The Mayor and the Clerk shall
5 authenticate, by their signatures, all ordinances and
6 resolutions adopted by the Council. In addition, when Charter
7 amendments have been approved by the electors, the Mayor and
8 the Clerk shall authenticate, by their signatures, the Charter
9 amendment, such authentication to reflect the approval of the
10 Charter amendment by the electorate.
11 (b) RECORDING.--The Clerk shall keep properly indexed
12 books in which shall be recorded, in full, all ordinances and
13 resolutions enacted or passed by the Council. Ordinances
14 shall, at the direction of the Council, be periodically
15 codified. The Clerk shall also maintain the Charter in
16 current form as to all amendments.
17 (c) PRINTING.--The Council shall, by ordinance,
18 establish procedures for making all resolutions, ordinances,
19 technical codes adopted by reference, and this Charter
20 available for public inspection and available for purchase at
21 a reasonable price.
22 Section 4.08. Borrowing.--
23 (a) Subject to the referendum requirements of the
24 State Constitution, if applicable, the Town may from time to
25 time borrow money and issue bonds or other obligations or
26 evidence of indebtedness (collectively, "bonds") of any type
27 or character for any of the purposes for which the Town is now
28 or hereafter authorized by law to borrow money, including to
29 finance the cost of any capital or other project and to refund
30 any and all previous issues of bonds at or prior to maturity.
31
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1 Such bonds may be issued pursuant to one or more resolutions
2 adopted by a majority of the Council.
3 (b) The Town may assume all outstanding indebtedness
4 related to facilities it acquires from other units of local
5 government and be liable for payment thereon in accordance
6 with its terms.
7 Section 4.09. Independent audit.--The Council shall
8 provide for an independent annual audit of all Town accounts
9 and may provide for more frequent audits as it deems
10 necessary. Such audits shall be made by a certified public
11 accountant or firm of such accountants who have no personal
12 interest, direct or indirect, in the fiscal affairs of the
13 Town government or any of its officers.
14 ARTICLE V. QUASI-JUDICIAL
15 Section 5.01. Quasi-judicial meeting procedures.--All
16 quasi-judicial items relating to land use and zoning require
17 four affirmative votes of the Council. Any four members of
18 the Council shall constitute a quorum for quasi-judicial
19 items. All voting shall be by roll call.
20 ARTICLE VI. ELECTIONS
21 Section 6.01. Elections.--
22 (a) ELECTORS.--Any person who is a resident of the
23 Town, has qualified as an elector of the State, and registers
24 to vote in the manner prescribed by law shall be an elector of
25 the Town.
26 (b) NONPARTISAN ELECTIONS.--All elections for the
27 offices of Council member and Mayor shall be conducted on a
28 nonpartisan basis.
29 (c) ELECTION DATES.--A regular election shall be held
30 on the second Tuesday in March of even-numbered years,
31 commencing in 2002.
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1 (d) GENERAL ELECTION.--The ballot for the general
2 election shall contain the names of all qualified candidates
3 for Mayor if the Mayor's term is expiring and for each of the
4 two Council seats which are to be filled at that election as a
5 result of two Council members' terms expiring, and shall
6 instruct electors to cast one vote for Mayor, if applicable,
7 and one vote for each Council seat, with a maximum of one vote
8 per candidate. The candidate for Mayor receiving the most
9 votes shall be the duly elected Mayor. The candidate
10 receiving the most votes in each designated Council seat,
11 respectively, shall be the duly elected Council member for
12 that designated Council seat.
13 (e) SPECIAL ELECTIONS.--Special elections, when
14 required, shall be scheduled by the Council at such times and
15 in such manner as shall be consistent with this Charter and
16 State law.
17 (f) SINGLE CANDIDATES.--No election for Mayor or any
18 Council seat shall be required in any election if there is
19 only one duly qualified candidate for Mayor or for any Council
20 seat.
21 (g) COMMENCEMENT OF TERMS.--The term of office of any
22 elected official shall commence immediately after the
23 election.
24 (h) OATH.--All elected officers, before entering upon
25 their duties, shall take and subscribe to the following oath
26 of office:
27
28 I do solemnly swear (or affirm) that I will
29 support, protect, and defend the Constitution
30 and Government of the United States and of the
31 State of Florida, and the Charter of the Town
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1 of Southwest Ranches; that I am duly qualified
2 to hold office under the Constitution of the
3 State and the Charter of the Town of Southwest
4 Ranches; and that I will well and faithfully
5 perform the duties of (Mayor or Council member)
6 upon which I am now about to enter. (So help
7 me God.)
8
9 (i) ELECTION LAWS.--The election laws of the State
10 shall apply to all elections.
11 (j) RECALL.--The registered electors of the Town shall
12 have the power to recall and to remove from office any elected
13 official of the Town as provided by general law of the State.
14 ARTICLE VII. CHARTER AMENDMENTS
15 Section 7.01. Charter amendments.--This Charter may be
16 amended in accordance with the provisions of this Article.
17 Section 7.02. Procedure to amend.--
18 (a) INITIATION.--This Charter may be amended in two
19 ways:
20 (1) By ordinance.--The Council may, by ordinance,
21 propose amendments to this Charter and, upon passage of the
22 initiating ordinance, shall submit the proposed amendment to a
23 vote of the electors at the next general election held within
24 the Town or at a special election called for such purpose.
25 (2) By petition.--The electors of the Town may propose
26 amendments to this Charter by petition pursuant to the
27 requirements of chapter 166, Florida Statutes, as amended.
28 (b) SUBMISSION TO ELECTORS.--Upon certification of the
29 sufficiency of a petition, the Council shall submit the
30 proposed amendment to a vote of the electors at a general
31 election or special election to be held not less than 60 days
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1 or more than 120 days from the date on which the petition was
2 certified or at a special election called for such purpose.
3 (c) RESULTS OF ELECTION.--If a majority of the
4 qualified electors voting on a proposed amendment votes for
5 its adoption, it shall be considered adopted upon
6 certification of the election results. If conflicting
7 amendments are adopted at the same election, the one receiving
8 the greatest number of affirmative votes shall prevail to the
9 extent of such conflict.
10 Section 7.03. Appointment of Charter Review
11 Committee.--The Council shall appoint a Charter Review
12 Committee, which shall contain at least five registered
13 electors who are residents of the Town and whose
14 responsibilities shall include the review and analysis of the
15 Charter and recommendations to the Council of proposed Charter
16 amendments, including, without limitation, issues such as
17 District voting versus town-wide elections for Council
18 members. All recommendations of the Charter Review Committee
19 shall be considered by the Council at least once every 4
20 years, and the Council may by ordinance propose amendments to
21 this Charter upon recommendation of the Charter Review
22 Committee. Upon passage of the initiating ordinance, the
23 Council shall submit the proposed amendment to a vote of the
24 electors of the Town at the next general election held within
25 the Town or at a special election called for such purpose.
26 ARTICLE VIII. GENERAL PROVISIONS
27 Section 8.01. Severability.--If any section or part of
28 any section of this Charter shall be held invalid by a court
29 of competent jurisdiction, such holding shall not affect the
30 remainder of this Charter or the context in which such section
31 or part of a section so held invalid may appear, except to the
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1 extent that an entire section or part of a section may be
2 inseparably connected in meaning and effect with the section
3 or part of a section to which such holding shall directly
4 apply.
5 Section 8.02. Conflicts of interest; ethical
6 standards.--All Council members, officials, and employees of
7 the Town shall be subject to the standards of conduct for
8 public officers and employees set by federal, state, county,
9 or other applicable law.
10 Section 8.03. Town personnel system.--All new
11 employments, appointments, and promotions of Town officers and
12 employees shall be made pursuant to personnel procedures to be
13 established by the Administrator from time to time.
14 Section 8.04. Charitable contributions.--The Town
15 shall not make any charitable contribution to any person or
16 entity unless authorized by the Council.
17 Section 8.05. Variation of pronouns.--All pronouns and
18 any variations thereof used in this Charter shall be deemed to
19 refer to masculine, feminine, neutral, singular, or plural as
20 the identity of the person or persons shall require and are
21 not intended to describe, interpret, define, or limit the
22 scope, extent, or intent of this Charter.
23 Section 8.06. Style and capitalization.--When a
24 defined word is enclosed in quotes and in parentheses after
25 the definition, that word shall be treated as a defined term
26 in the remainder of this Charter, when capitalized.
27 Section 8.07. Calendar day.--For the purposes of this
28 Charter, a day shall mean a calendar day.
29 ARTICLE IX. TRANSITION PROVISIONS
30 Section 9.01. Referendum for incorporation.--Upon
31 approval by an affirmative vote of the voters voting in the
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1 referendum as provided in chapter 97-371, Laws of Florida,
2 voting for incorporation in the election of March 14, 2000, a
3 referendum election called for by this act shall be called by
4 the Board of County Commissioners of Broward County for June
5 6, 2000, at which time the following question shall be placed
6 upon the ballot in Precincts 47Z, 48Z, and 74Z (or any future
7 restructuring or renumbering of said precincts of the
8 geographical area described in Section 1.03, as may be
9 determined by the Broward County Supervisor of Elections):
10
11 INCORPORATION OF THE TOWN OF SOUTHWEST RANCHES
12
13 Select one below:
14
15 The charter of the Town of Southwest Ranches
16 shall provide for incorporation, municipal
17 powers, and a Town Council-Administrator form
18 of government and shall provide for election of
19 the Mayor and the other members of the Town
20 Council at large.
21
22 The charter of the Town of Southwest Ranches
23 shall provide for incorporation, municipal
24 powers, and a Town Council-Administrator form
25 of government and shall provide, beginning with
26 the municipal election of 2002, that the Mayor
27 and each other member of the Town Council shall
28 be elected at large, but, other than the Mayor,
29 each Council member must reside within one of
30 four separate residential districts.
31
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1 In the event that the second choice of the ballot proposition
2 provided for in this section receives the majority of the
3 votes cast in the referendum called for in this section, the
4 provisions of Section 2.04 and Section 6.01(d) of the Charter
5 shall instead read as follows:
6 Section 2.04. Election and terms of office.--
7 (a) MAYOR.--Except as provided in Section 9.03(c), the
8 Mayor shall be elected at large for a 4-year term by the
9 electors of the Town in the manner provided in Article VI.
10 The Mayor shall remain in office until his or her successor is
11 elected and assumes the duties of the position.
12 (b) TOWN COUNCIL.--Except as provided in Section
13 9.03(c), each Council member other than the Mayor shall be
14 elected at large for a 4-year term by the electors of the Town
15 in the manner provided in Article VI. Subsequent to the
16 decennial census of 2000, but at least 6 months before the
17 qualifying period for the municipal election of 2002, the
18 Council shall divide the Town into four residential districts
19 which shall be as nearly equal in population as practicable.
20 The Council shall designate each of the districts one of the
21 numbers 1 through 4. Each seat number shall correspond with a
22 residential district number. Beginning with the municipal
23 election of 2002, and for each election thereafter, the four
24 members of the Council other than the Mayor must be electors
25 of the Town and residents of the particular residential
26 district on the date on which they qualify for election.
27 Council members in office who are removed from their district
28 as a result of the redistricting subsequent to the decennial
29 census of 2000, or after a subsequent decennial census, may
30 serve out the balance of their terms. Each Council member
31
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1 shall remain in office until his or her successor is elected
2 and assumes the duties of the position.
3 Section 6.01. Elections.--
4 (d) GENERAL ELECTION.--The ballot for the general
5 election shall contain the names of all qualified candidates
6 for Mayor if the Mayor's term is expiring and for each of the
7 two Council seats which are to be filled at that election as a
8 result of two Council members' terms expiring, and shall
9 instruct electors to cast one vote for Mayor, if applicable,
10 and one vote for each designated residential Council seat to
11 be filled at that election. The candidate for Mayor receiving
12 the most votes shall be the duly elected Mayor. The candidate
13 receiving the most votes in each designated residential
14 Council seat, respectively, shall be the duly elected Council
15 member for that designated residential Council seat.
16 Section 9.02. Creation and establishment of Town.--For
17 the purpose of compliance with Florida Statutes relating to
18 assessment and collection of ad valorem taxes, the Town is
19 hereby created and established effective June 6, 2000.
20 Section 9.03. Initial election of Council members;
21 dates; qualifying period; certification of election results;
22 induction into office.--
23 (a) DATES.--Following the adoption of this Charter in
24 accordance with Section 9.01, a special election for the
25 election of the Mayor and four Council members shall be held
26 on July 25, 2000.
27 (b) QUALIFYING PERIOD.--Any individual wishing to run
28 for Mayor or one of the four Council seats shall qualify as a
29 candidate with the Broward County Supervisor of Elections
30 between June 8, 2000, and June 23, 2000, in accordance with
31 the provisions of this Charter and general law.
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1 (c) CERTIFICATION OF ELECTION RESULTS.--For the
2 initial election, a canvassing board shall be appointed by the
3 Board of County Commissioners of Broward County to certify the
4 results of the election. At the first election under this
5 Charter, the four candidates for Council member receiving the
6 highest number of votes shall be elected. At such initial
7 election, seats shall not be designated. Of the elected
8 candidates, the two receiving the greatest number of votes
9 shall serve until their successors are elected in March 2004
10 and assume the duties of the office, and the remaining two
11 shall serve until their successors are elected in March 2002
12 and assume the duties of the office. The candidate receiving
13 the highest number of votes shall occupy seat 1; the candidate
14 receiving the second highest number shall occupy seat 2; the
15 candidate receiving the third highest number shall occupy seat
16 3; and the candidate receiving the fourth highest number shall
17 occupy seat 4. Thereafter, all Council members shall be
18 elected for 4-year terms. The mayoral candidate receiving the
19 highest number of votes shall be elected. The Mayor shall be
20 elected at the first election to serve until his or her
21 successor is elected in March 2004 and assumes the duties of
22 the office, and for a 4-year term at all subsequent elections.
23 (d) INDUCTION INTO OFFICE.--Those candidates who are
24 elected on July 25, 2000, shall take office at the initial
25 Council meeting, which shall be held at 7:30 p.m. on August 8,
26 2000, at a place to be designated by the Mayor.
27 Section 9.04. Temporary nature of Article.--The
28 following sections of this Article are inserted solely for the
29 purpose of effecting the incorporation of the Town and the
30 transition to a new municipal government. Each section of
31 this Article shall automatically, and without further vote or
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1 act of the electors of the Town, become ineffective and no
2 longer a part of this Charter at such time as the
3 implementation of such section has been accomplished.
4 Section 9.05. Interim adoption of codes and
5 ordinances.--Until otherwise modified or replaced by this
6 Charter or the Council, all codes, ordinances, and resolutions
7 of Broward County, Florida, in effect on the day of adoption
8 of this Charter shall, to the extent applicable to the Town,
9 remain in force and effect as municipal codes, ordinances, and
10 resolutions of the Town. Until otherwise determined by the
11 Council, said codes, ordinances, and resolutions shall be
12 applied, interpreted, and implemented by the Town in a manner
13 consistent with established policies of Broward County on the
14 date of this Charter.
15 Section 9.06. Taxes and fees.--Until otherwise
16 modified by the Council, all municipal taxes and fees imposed
17 within the Town boundaries by the County as the municipal
18 government for unincorporated Broward County, which taxes and
19 fees are in effect on the date of adoption of this Charter,
20 shall continue at the same rate and on the same conditions as
21 if those taxes and fees had been adopted and assessed by the
22 Town.
23 Section 9.07. First year expenses.--The Council, in
24 order to provide moneys for the expenses and support of the
25 Town, shall have the power to borrow money necessary for the
26 operation of Town government until such time as a budget is
27 adopted and revenues are raised in accordance with the
28 provisions of this Charter.
29 Section 9.08. Transitional ordinances and
30 resolutions.--The Council shall adopt ordinances and
31 resolutions required to effect the transition. Ordinances
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1 adopted within 60 days after the first Council meeting may be
2 passed as emergency ordinances. These transitional ordinances
3 shall be effective for no longer than 90 days after adoption,
4 and thereafter may be readopted, renewed, or otherwise
5 continued only in the manner normally prescribed for
6 ordinances.
7 Section 9.09. State shared revenues.--The Town shall
8 be entitled to participate in all shared revenue programs of
9 the State, effective immediately on the date of incorporation.
10 The provisions of section 218.23, Florida Statutes, shall be
11 waived for the purpose of eligibility to receive revenue
12 sharing from the date of incorporation through the State
13 fiscal year. The provisions of section 218.26(3), Florida
14 Statutes, shall be waived for the State fiscal year, and the
15 apportionment factors for the municipalities and counties
16 shall be recalculated pursuant to section 218.245, Florida
17 Statutes. Initial population estimates for calculating
18 eligibility for shared revenues shall be determined by the
19 University of Florida Bureau of Economic and Business Research
20 as of the effective date of this Charter. Should the bureau
21 be unable to provide an appropriate population estimate, the
22 South Florida Regional Planning Council estimate shall be
23 utilized.
24 Section 9.10. Gas tax revenues.--Notwithstanding the
25 requirements of section 336.025, Florida Statutes, to the
26 contrary, the Town shall be entitled to receive local option
27 gas tax revenues beginning October 1, 2000. These revenues
28 shall be distributed in accordance with the interlocal
29 agreement with Broward County.
30 Section 9.11. Shared revenues.--Broward County shall
31 distribute to the Town, from taxes, franchise fees, state
58
CODING: Words stricken are deletions; words underlined are additions.
Florida House of Representatives - 2000 HB 1777
524-197A-00
1 revenue-sharing funds, and ad valorem taxes, revenues
2 collected within the municipal boundaries of the Town. This
3 calculation shall be based upon a population projection of
4 9,000 in anticipation of the year 2000 census.
5 Section 9.12. Conflicting provisions.--This act shall
6 take precedence over any other prior enacted law.
7 Section 2. This act shall take effect upon becoming a
8 law.
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