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

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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

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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;

                                  6

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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

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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;

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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;

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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

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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;

                                  19

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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

                                  20

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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

                                  21

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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

                                  23

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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

                                  24

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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

                                  25

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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

                                  27

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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,

                                  28

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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

                                  30

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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

                                  31

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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

                                  32

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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

                                  33

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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

                                  34

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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

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  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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