House Bill 1777e1

CODING: Words stricken are deletions; words underlined are additions.







                                      HB 1777, First Engrossed/ntc



  1                      A bill to be entitled

  2         An act relating to Broward County; creating the

  3         charter of the Town of Southwest Ranches;

  4         providing for the corporate name and purpose of

  5         the charter; establishing form of government

  6         and territorial boundaries of the municipality;

  7         providing powers of the municipality and of

  8         certain officers; providing for election and

  9         terms of office of a town council, including

10         the mayor and vice mayor, and providing for

11         qualifications, powers, and duties of and

12         restrictions on its membership; establishing

13         circumstances which create vacancies in office

14         and providing for filling vacancies and for

15         forfeiture and recall; providing a procedure

16         for establishing compensation and expense

17         reimbursement for the mayor and town council;

18         providing for rules of procedure; providing for

19         a town administrator, town clerk, and town

20         attorney and powers and duties of each;

21         providing restrictions on expenditure of town

22         funds; authorizing establishment of town boards

23         and agencies; providing for council meetings,

24         procedural rules, and recordkeeping and voting

25         at meetings; providing for emergency

26         ordinances; providing for budget requirements,

27         adoption, and amendment and establishing a

28         fiscal year; providing procedures for

29         authentication, recording, and disposition of

30         ordinances, resolutions, and charter

31         amendments; establishing the right to


                                  1

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         determine, order, levy, assess, and collect

  2         taxes; providing for borrowing by the town;

  3         providing for an annual independent audit;

  4         providing for quasi-judicial procedures;

  5         establishing election requirements and

  6         guidelines; providing for charter amendments

  7         and review; providing for severability;

  8         providing for standards of conduct; providing

  9         for a personnel system; providing requirements

10         for charitable contributions; providing for

11         transition, including a referendum on

12         incorporation and alternate manners of

13         elections for the town council, initial

14         election and terms, and date of creation and

15         establishment of the municipality; providing

16         for interim adoption of codes and ordinances

17         and taxes and fees; providing for payment of

18         certain revenues and for transitional

19         ordinances and resolutions; entitling the town

20         to state shared and local option gas tax

21         revenues; providing for the sharing of certain

22         revenues; providing for precedence of the

23         provisions of this act over conflicting

24         provisions of other laws; providing an

25         effective date.

26

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

28

29         Section 1.  The charter of the Town of Southwest

30  Ranches, Broward County, is created to read:

31


                                  2

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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 pursuant to section 9.01 of this charter.

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

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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         prolongation of the East line of Tract A of

  8         ABUNDANT LIVING MINISTRIES according to the

  9         plat thereof as recorded in Plat Book 139, Page

10         13, of the Public Records of Broward County;

11

12         The next Three (3) courses being on the

13         municipal boundary of the City of Pembroke

14         Pines as established by Ordinance Numbers 868

15         and 908;

16

17         Thence North, on East line of said Tract A and

18         its Southerly prolongation to the intersection

19         with the North line of the South one-half (S

20         1/2) of Tract 56 in Section 3, Township 51

21         South, Range 40 EAst as shown on THE EVERGLADES

22         SUGAR & LAND CO. SUBDIVISION, according to the

23         plat thereof as recorded in Plat Book 2, Page

24         39, of the Public Records of Dade County,

25         Florida;

26

27         Thence West on the North line of the South

28         one-Half (S 1/2) of said Tracts 54, 55 and said

29         Tract 56, all in Section 3 and as shown on said

30         EVERGLADES SUGAR AND LAND COMPANY SUBDIVISION

31


                                  4

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         to the Northwest corner of said South one-half

  2         (S 1/2) of Tract 54;

  3

  4         Thence South on the West line of said Tract 54

  5         and its Southerly prolongation to the

  6         intersection with said South line of Section 3;

  7

  8         Thence (on the municipal boundary of the City

  9         of Pembroke Pines as established by Ordinance

10         Number 362) Westerly on the South line of said

11         Section 3, Township 51 South, Range 40 East, to

12         the Southwest Corner of said Section 3, said

13         point also being the Southeast Corner of

14         Section 4;

15

16         The next Seven (7) courses being on the

17         municipal boundary of the Town of Davie as

18         established by Ordinance Number 86-14;

19

20         Thence Northerly on the West line of said

21         Section 3, said line also being the East line

22         of said Section 4 and on the East line of said

23         Section 33, said line also being the West line

24         of said Section 34 to a point on the North line

25         of the Southeast one-quarter (SE 1/4) of said

26         Section 33;

27

28         Thence Westerly on said North line of the

29         Southeast one-quarter (SE 1/4) of said Section

30         33 to an intersection with the northerly

31         prolongation of the East boundary of Tract 64


                                  5

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         in said Section 33 of FLORIDA FRUIT LANDS

  2         COMPANY SUBDIVISION NO. 1, as recorded in Plat

  3         Book 2, Page 17, of the Public Records of Dade

  4         County, Florida;

  5

  6         Thence Southerly on said northerly prolongation

  7         and said East boundary of Tract 64 to the

  8         Southeast corner of said Tract 64;

  9

10         Thence Westerly on the South line of said Tract

11         64 to the intersection with the Easterly

12         right-of-way line of Interstate 75;

13

14         Thence Northerly on the said Easterly

15         right-of-way line of Interstate 75 to the

16         intersection with the South line of the plat of

17         REGENCY as recorded in Plat Book 121, Page 48,

18         of the Public Records of Broward County,

19         Florida;

20

21         Thence Easterly on the said South line of the

22         plat of REGENCY and its Easterly prolongation

23         to the intersection with the East line of

24         Section 33, Township 50 South, Range 40 East;

25

26         Thence Northerly on the East line of said

27         Section 33 and the East line of Section 28,

28         Township 50 South, Range 40 East to a point on

29         the centerline of the South Florida Water

30         Management District Canal C-11 (South New River

31         Canal);


                                  6

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1

  2         Thence (on the municipal boundary of the Town

  3         of Davie as established by Ordinance Number

  4         74-44) Easterly on the centerline of the South

  5         Florida Water Management District Canal C-11

  6         (South New River Canal) to an intersection with

  7         the East line of Section 26, Township 50 South,

  8         Range 40 East;

  9

10         The next Ten (10) courses being on the

11         municipal boundary of Cooper City as

12         established by Ordinance Numbers 87-10-2,

13         87-10-3 and 89-5-8;

14

15         Thence Southerly on the said East line of said

16         Section 26 to an intersection with the South

17         right-of-way line of the South Florida Water

18         Management District Canal C-11 (South New River

19         Canal);

20

21         Thence Westerly on said South right-of-way line

22         to an intersection with a line 660 feet West of

23         and parallel with the East line of said Section

24         26;

25

26         Thence Southerly on said parallel line to an

27         intersection with the South line of said

28         Section 26, said line also being the North line

29         of Section 35, Township 50 South, Range 40

30         East;

31


                                  7

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Thence Westerly on the said South line of

  2         Section 26 and said North line of Section 35 to

  3         the Northwest corner of said Section 35,

  4         Township 50 South, Range 40 East;

  5

  6         Thence Southerly on the West line of said

  7         Section 35 to the Southwest corner of the

  8         Northwest one-quarter (NW 1/4) of said Section

  9         35;

10

11         Thence Easterly on the South line of the

12         Northwest one-quarter (NW 1/4) of said Section

13         35 to the Southeast corner of the Northwest

14         one-quarter of said Section 35;

15

16         Thence Northerly on the East line of the

17         Northwest one-quarter (NW 1/4) of said Section

18         35 to an intersection with the westerly

19         prolongation of the South line of Tract 13 of

20         said Section 35 of FLORIDA FRUIT LANDS COMPANY

21         SUBDIVISION NO. 1, as recorded in Plat Book 2,

22         Page 17, of the Public Records of Dade County,

23         Florida;

24

25         Thence Easterly on the said Westerly

26         prolongation and the said South line of Tract

27         13 to the Southeast corner of said Tract 13,

28         said point also being the Northwest corner of

29         Tract 5 of said Section 35 of FLORIDA FRUIT

30         LANDS COMPANY SUBDIVISION NO. 1, as recorded in

31


                                  8

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Plat Book 2, Page 17, of the Public Records of

  2         Dade County, Florida;

  3

  4         Thence Southerly on the West line of said Tract

  5         5 to the Southwest corner of said Tract 5;

  6

  7         Thence Easterly on the South line of said Tract

  8         5 and its Easterly prolongation to the East

  9         line of said Section 35;

10

11         The next Three (3) courses being on the

12         municipal boundary of Cooper City as

13         established by Ordinance Number 95-10-1;

14

15         Thence Southerly on the East line of said

16         Section 35 to an intersection with the Easterly

17         prolongation of the North line of Tract 54 of

18         said Section 35 of FLORIDA FRUIT LANDS COMPANY

19         SUBDIVISION NO. 1, as recorded in Plat Book 2,

20         Page 17, of the Public Records of Dade County,

21         Florida;

22

23         Thence Westerly on the Easterly prolongation

24         and the North line of said Tract 54 to an

25         intersection with a line lying 949 feet East of

26         and parallel to the West line of said Tract 54;

27

28         Thence Southerly on said parallel line to an

29         intersection with the South line of said Tract

30         54, said line also being the North line of

31         Tract A, Flamingo Road Baptist Church, as


                                  9

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         recorded in Plat Book 112, Page 34, of the

  2         Public Records of Broward County, Florida;

  3

  4         Thence Westerly on said South line of Tract 54,

  5         also being the North line of said Tract A,

  6         Flamingo Road Baptist Church to the Northwest

  7         corner of said Tract A;

  8

  9         Thence Southerly on the West line of said Tract

10         A, Flamingo Road Baptist Church and its

11         Southerly prolongation to the intersection with

12         the South line of Section 35, Township 50

13         South, Range 40 East, said point also being the

14         North line of Section 2, Township 51 South,

15         Range 40 East;

16

17         The next Five (5) courses being on the

18         municipal boundary of Cooper City as

19         established by Ordinance Number 86-12-21;

20

21         Thence Westerly on the North line of the

22         Northeast one-quarter (NE 1/4) of said Section

23         2 to the intersection with the Northerly

24         prolongation of the East line of SHERIDAN HOUSE

25         PLAT NO. 2, as recorded in Plat Book 122, Page

26         42, of the Public Records of Broward County,

27         Florida;

28

29         Thence Southerly to the Southeast along said

30         East line and its Northerly prolongation corner

31         of SHERIDAN HOUSE PLAT NO. 2;


                                  10

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1

  2         Thence Westerly on the South line of said

  3         SHERIDAN HOUSE PLAT NO. 2 to an intersection

  4         with the East right-of-way line of Appaloosa

  5         Trail (SW 127th Avenue), as recorded in Deed

  6         Book 4230, Page 626, of the Public Records of

  7         Broward County, Florida;

  8

  9         Thence Southerly on said East right-of-way line

10         to an intersection with the South line of Tract

11         4 of said Section 2 of THE EVERGLADES SUGAR &

12         LAND CO., as recorded in Plat Book 2, Page 39

13         of the Public Records of Dade County, Florida;

14

15         Thence Easterly on said South line of Tract 4

16         to an intersection with the West line of the

17         East one-half (E 1/2) of Tracts 29 and 30 of

18         said Section 2 of THE EVERGLADES SUGAR & LAND

19         CO., as recorded in Plat Book 2, Page 39 of the

20         Public Records of Dade County, Florida;

21

22         Thence (on the municipal boundary of Cooper

23         City as established by Ordinance Number 87-2-3)

24         Southerly on the said West line of the East

25         one-half (E 1/2) of Tracts 29 and 30 of said

26         Section 2 of THE EVERGLADES SUGAR & LAND CO.,

27         to an intersection with the North line of

28         SCHOTT MEMORIAL PLAT, as recorded in Plat Book

29         158, Page 32, of the Public Records of Broward

30         County, Florida;

31


                                  11

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         The next Three (3) courses being on the

  2         municipal boundary of Cooper City as

  3         established by Ordinance Number 97-1-1;

  4

  5         Westerly on the North line of said SCHOTT

  6         MEMORIAL PLAT, as recorded in Plat Book 158,

  7         Page 32, of the Public Records of Broward

  8         County, Florida, to the Northwest corner of

  9         said SCHOTT MEMORIAL PLAT;

10

11         Thence Southerly on the West line of said

12         SCHOTT MEMORIAL PLAT, to the Southwest corner

13         of said SCHOTT MEMORIAL PLAT;

14

15         Thence Easterly on the South line of said

16         SCHOTT MEMORIAL PLAT and its Easterly

17         prolongation to an intersection with the East

18         line of Section 2, Township 51 South, Range 40

19         East;

20

21         Thence (on the municipal boundary of Cooper

22         City as established by Ordinance Number 84-2-1)

23         Southerly on the East line of said Section 2 to

24         the POINT OF BEGINNING;

25

26         TOGETHER WITH;

27

28         Tract 4, and the 15 foot platted right-of-way

29         lying East of and adjacent to said Tract 4, all

30         lying within Section 35, Township 50 South,

31         Range 40 East of FLORIDA FRUIT LANDS COMPANY'S


                                  12

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         SUBDIVISION NO. 1, according to the plat

  2         thereof as recorded in Plat Book 2, Page 17 of

  3         the Public Records of Broward County, Florida;

  4

  5         TOGETHER WITH;

  6

  7         Portions of Sections 4,5 and 6 of Township 51

  8         South, Range 40 East, together with a portions

  9         of Sections 1 and 3 of Township 51 South, Range

10         39 East, together with portions of sections

11         28,29,30,31,32 and 33 of Township 50 South,

12         Range 40 East, together with portions of

13         Sections 25,26,27,34,35 and 36 of Township 50

14         South, Range 39 East, being more particularly

15         described as follows:

16

17         BEGINNING at the Southwest corner of the East

18         one-half (E 1/2) of the Southwest one-quarter

19         (SW 1/4) of Section 4, Township 51 South, Range

20         40 East;

21

22         The next Two (2) courses being on the municipal

23         boundary line of the City of Pembroke Pines as

24         established by Ordinance Number 536;

25

26         Thence Westerly, on the South line of said

27         Section 4 to the Southwest corner of said

28         Section 4, said point also being the Southeast

29         corner of Section 5, Township 51 South, Range

30         40 East;

31


                                  13

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Thence Westerly on the South line of said

  2         Section 5 to an intersection with a line 72

  3         feet West of and parallel with the East line of

  4         said Section 5:

  5

  6         Thence Northerly, on said parallel line a

  7         distance of 135.88 feet to a point on the

  8         Easterly Plat limits line of STONERIDGE LAKE

  9         ESTATES PLAT, as recorded in Plat Book 157,

10         Page 49 of the Public Records of Broward

11         County, Florida, said point being labeled as

12         "P.O.B. (Parcel 1)" on said plat;

13

14         The next Five (5) courses being on the

15         municipal boundary of the City of Pembroke

16         Pines as established by Ordinance Number 1118;

17

18         Thence Northerly on said parallel line, a

19         distance of 299.99 feet;

20

21         Thence Easterly a distance of 15.00 feet to an

22         intersection with a line 57 feet West of and

23         parallel with the East line of said Section 5;

24

25         Thence Northerly on said parallel line, a

26         distance of 1,559.50 feet to an intersection

27         with the North line of Tract 51 of said Section

28         5, Township 51 South, Range 40 East, of FLORIDA

29         FRUIT LANDS COMPANY'S SUBDIVISION NO. 1, as

30         recorded in Plat Book 2, Page 17, of the Public

31         Records of Dade County, Florida, said line also


                                  14

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         being the Plat Limits line of said STONERIDGE

  2         LAKE ESTATES PLAT;

  3

  4         Thence Westerly on said Plat Limits line, and

  5         on the North line of said Tract 51 and the

  6         North line of Tract 62 of said Section 5 of

  7         said plat of FLORIDA FRUIT LANDS COMPANY'S

  8         SUBDIVISION NO. 1, to the Northwest corner of

  9         said Tract 62;

10

11         Thence Southerly on the West line of said Tract

12         62 and the West line of Tract 61 of said

13         Section 5, of said FLORIDA FRUIT LANDS

14         COMPANY'S SUBDIVISION NO. 1, (said line

15         described as being 15 feet East of and parallel

16         with the West line of the Southeast one-quarter

17         (SE 1/4) of said Section 5 by said Pembroke

18         Pines Ordinance Number 1118) to an intersection

19         with the Easterly prolongation of the North

20         line of Tract 37 of said Section 5 of said

21         FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO.

22         1;

23

24         The next Two (2) courses being on the municipal

25         boundary of the City of Pembroke Pines as

26         established by Ordinance Number 1084;

27

28         Thence Westerly on the North line of said Tract

29         37 and the Easterly prolongation thereof, and

30         on the North line of Tract 44 of said Section 5

31         of said FLORIDA FRUIT LANDS COMPANY'S


                                  15

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         SUBDIVISION NO. 1, to the Northwest corner of

  2         said Tract 44;

  3

  4         Thence Southerly on the West line of said Tract

  5         44 and on the West line of Tracts 43, 42 and

  6         41, and the Southerly prolongation thereof, of

  7         said Section 5 of said FLORIDA FRUIT LANDS

  8         COMPANY'S SUBDIVISION NO. 1, said line being 15

  9         feet East of and parallel with the West line of

10         said Section 5, to an intersection with the

11         South line of said Section 5;

12

13         The next Two courses being on the municipal

14         boundary of the City of Pembroke Pines as

15         established by Ordinance Number 536;

16

17         Thence Westerly on the South line of said

18         Section 5 and on the South line of Section 6,

19         Township 51 South, Range 40 East to the

20         Southwest corner of said Section 6, also being

21         the Southeast corner of Section 1, Township 51

22         South, Range 39 East;

23

24         Thence continue Westerly on the South line of

25         said Section 1, to an intersection with the

26         East line of Tract 59 of said Section 1, as

27         shown on THE EVERGLADES LAND COMPANY, as

28         recorded in Plat Book 2, Page 1, of the Public

29         Records of Dade County, Florida;

30

31


                                  16

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Thence (on the municipal boundary of the City

  2         of Pembroke Pines as established by Ordinance

  3         Numbers 916 and 915) Northerly on the East line

  4         of Tracts 59,54,43,38 and 27 to the Northeast

  5         corner of said Tract 27 of said Section 1 as

  6         shown on said plat of THE EVERGLADES LAND

  7         COMPANY;

  8

  9         The next Three (3) courses being on the

10         municipal boundary of the City of Pembroke

11         Pines as established by Ordinance Number 1163;

12

13         Thence Easterly on the South line of Tracts 21

14         and 20 of said Section 1 as shown on said plat

15         of THE EVERGLADES LAND COMPANY, to an

16         intersection with the East line of the West

17         one-half (W 1/2) of said Tract 20;

18

19         Thence Northerly on the East line of the West

20         one-half (W 1/2) of said Tract 20 to an

21         intersection with the North line of the South

22         one-half (S 1/2) of said Tract 20;

23

24         Thence Westerly on the North line of the South

25         one-half (S 1/2) of said Tracts 20 and 21 of

26         said Section 1, to an intersection with the

27         West line of said Tract 21, also being the East

28         line of Tract 22 of said Section 1;

29

30         Thence (on the municipal boundary of the City

31         of Pembroke pines as established Ordinance


                                  17

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Number 916) Northerly on the East line of

  2         Tracts 22,11 and 6 to the North line of said

  3         Section 1, of said plat of THE EVERGLADES LAND

  4         COMPANY;

  5

  6         Thence (on the municipal boundary of the City

  7         of Pembroke Pines as established by Ordinance

  8         Numbers 916 and 910) Westerly on the North line

  9         of said Section 1, also being the South line of

10         Section 36, Township 50 South, Range 39 East to

11         the intersection with the East line of Tract 58

12         in said Section 36, as shown on THE EVERGLADES

13         LAND COMPANY'S SUBDIVISION OF SECTION 36 &

14         SOUTH HALF OF SECTION 25, TOWNSHIP 50 SOUTH,

15         RANGE 39 EAST, as recorded in Plat Book 1, Page

16         63 of the Public Records of Dade County,

17         Florida;

18

19         Thence (on the municipal boundary of the City

20         of Pembroke Pines as established by Ordinance

21         Number 907) Northerly on the East lines of

22         Tracts 58,55 and 42 in said Section 36 as shown

23         on said plat of THE EVERGLADES LAND COMPANY'S

24         SUBDIVISION OF SECTION 36 & SOUTH HALF OF

25         SECTION 25, TOWNSHIP 50 SOUTH, RANGE 39 EAST to

26         the Northeast corner of said Tract 42, said

27         point also being the Southeast corner of

28         FRONTIER TRAILS, as recorded in Plat Book 97,

29         Page 8, of the Public Records of Broward

30         County, Florida;

31


                                  18

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         The next Three (3) courses being on the

  2         municipal boundary of the City of Pembroke

  3         Pines as established by Ordinance Number 930;

  4

  5         Thence Northerly on the East line of said

  6         FRONTIER TRAILS to the Northeast corner of said

  7         FRONTIER TRAILS, said corner being on the

  8         center line of the right-of-way for Southwest

  9         51st Manor (a 50 foot right-of-way);

10

11         Thence Westerly on said center line to the

12         Northwest corner of said FRONTIER TRAILS;

13

14         Thence Southerly on the West line of said

15         FRONTIER TRAILS to the Southwest corner of said

16         FRONTIER TRAILS, said point also being the

17         Northwest corner of Tract 42 of said Section 36

18         of the Plat of THE EVERGLADES LAND COMPANY'S

19         SUBDIVISION OF SECTION 36 & SOUTH HALF OF

20         SECTION 25, TOWNSHIP 50 SOUTH, RANGE 39 EAST;

21

22         Thence (on the municipal boundary of the City

23         of Pembroke Pines as established by Ordinance

24         Number 907) Southerly on the West line of said

25         Tracts 42,55 and 58 to an intersection with the

26         south line of said Section 36;

27

28         Thence (on the municipal boundary of the City

29         of Pembroke Pines as established by Ordinance

30         Number 907) Westerly on said South line of

31         Section 36 and the South line of Section 35,


                                  19

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Township 50 South, Range 39 East to an

  2         intersection with the Southerly prolongation of

  3         the East line of SELIGMAN-KIA ACRES, according

  4         to the Plat thereof, as recorded in Plat Book

  5         104, Page 40 of the Public Records of Broward

  6         County, Florida;

  7

  8         The next Four (4) courses being on the

  9         municipal boundary of the City of Pembroke

10         Pines as established by Ordinance Number 909;

11

12         Thence Northerly on said East line of

13         SELIGMAN-KIA ACRES and its Southerly

14         prolongation to the Northeast corner of Lot 8,

15         Block 4, of said SELIGMAN-KIA ACRES

16

17         Thence Westerly on said North line of Lot 8,

18         Block 4 and its Westerly prolongation to the

19         Northeast corner of Lot 8, Block 3 of said

20         SELIGMAN-KIA ACRES;

21

22         Thence continue Westerly on the North line of

23         said Lot 8, Block 3 to the Northwest corner of

24         said Lot 8, Block 3, said corner being located

25         on the West line of said SELIGMAN-KIA ACRES;

26

27         Thence Southerly on said West line of

28         SELIGMAN-KIA ACRES to an intersection with a

29         line 91.69 feet North of and parallel with the

30         South line of Tract 20 in said Section 35 of

31         THE EVERGLADES LAND COMPANY, as recorded in


                                  20

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Plat Book 2, Page 1, of the Public Records of

  2         Dade County, Florida, (said South line of Tract

  3         20 also being the South boundary of

  4         SELIGMAN-DURANGO WEST as recorded in Plat Book

  5         98, Page 48, of the Public Records of Broward

  6         County, Florida);

  7

  8         The next Three (3) courses being on the

  9         municipal boundary of the City of Pembroke

10         Pines as established by Ordinance Number 907;

11

12         Thence Westerly on said parallel line to an

13         intersection with the East line of the

14         Northwest one-quarter (NW 1/4) of said Section

15         35, said line also being the Centerline of the

16         right-of-way of Southwest 202nd Avenue;

17

18         Thence Northerly on said East line of the

19         Northwest one-quarter (NW 1/4) of said Section

20         35, to an intersection with the Southerly

21         boundary of TRAILS OF EL RANCHO ACRES, as

22         recorded in Plat Book 93, Page 34, of the

23         Public Records of Broward County, Florida;

24

25         Thence Westerly on said Southerly boundary of

26         TRAILS OF EL RANCHO ACRES to an intersection

27         with the East line of Tract 9 of said Section

28         35, of THE EVERGLADES LAND COMPANY, as recorded

29         in Plat Book 2, Page 1, of the Public Records

30         of Dade County, Florida;

31


                                  21

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         The next Five (5) courses being on the

  2         municipal boundary of the City of Pembroke

  3         Pines as established by Ordinance Numbers 1046

  4         and 1041;

  5

  6         Thence Northerly on the East line of said

  7         Tracts 9 and 8 of said Section 35 and

  8         continuing Northerly on the East line of Tract

  9         57 of Section 26, Township 50 South, Range 39

10         East of said plat of THE EVERGLADES LAND

11         COMPANY to an intersection with a line 726 feet

12         South of and parallel with the South

13         right-of-way line of Griffin Road;

14

15         Thence Westerly on said parallel line to an

16         intersection with a line 239.93 feet West of

17         and parallel with the East line of Tracts 57

18         and 56 of said Section 26 of said plat of THE

19         EVERGLADES LAND COMPANY;

20

21         Thence Northerly on said parallel line to an

22         intersection with the South right-of-way line

23         of Griffin Road;

24

25         Thence Westerly on said South right-of-way line

26         of Griffin Road to an intersection with the

27         West line of Section 26, Township 50 South,

28         Range 39 East;

29

30         Thence Southerly on the West line of line of

31         said Section 26, and continuing Southerly on


                                  22

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         the West line of Section 35, Township 50 South,

  2         Range 39 East, to an intersection with the

  3         Easterly prolongation of the North line of

  4         Tract 32 of Section 34, Township 50 South,

  5         Range 39 East of said plat of THE EVERGLADES

  6         LAND COMPANY;

  7

  8         The next Three (3) courses being on the

  9         municipal boundary of the City of Pembroke

10         Pines as established by Ordinance Number 1047;

11

12         Thence Westerly on the said Easterly

13         prolongation and said North line of said Tract

14         32 to the Northwest corner of said Tract 32;

15

16         Thence Southerly on the West line of said Tract

17         32 to an intersection with the South line of

18         the North one-half (N 1/2) of Tract 32 of

19         Section 34, Township 50 South, Range 39 East;

20

21         Thence Easterly on said South line of the North

22         one-half (N 1/2) of Tract 32 and its Easterly

23         prolongation to an intersection with the East

24         line of Section 34, Township 50 South, Range 39

25         East, said line also being the West line of

26         Section 35, Township 50 South, Range 39 East;

27

28         The next Two (2) courses being on the municipal

29         boundary of the City of Pembroke Pines as

30         established by Ordinance Number 1046;

31


                                  23

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Thence Southerly on said East line of Section

  2         34 also being the West line of said Section 35

  3         to an intersection with the South line of the

  4         Northwest one-quarter (NW 1/4) of said Section

  5         35;

  6

  7         Thence Easterly on said South line of the

  8         Northwest one-quarter (NW 1/4) of said Section

  9         35 to an intersection with the Northerly

10         prolongation of Tract 39, of said Section 35 of

11         THE EVERGLADES LAND COMPANY as recorded in Plat

12         Book 2, Page 1, of the Public Records of Dade

13         County, Florida;

14

15         Thence (on the municipal boundary of the City

16         of Pembroke Pines as established by Ordinance

17         Number 907) Southerly on the said Northerly

18         prolongation and the West line of Tracts 39, 42

19         and 55 of said Section 35 of THE EVERGLADES

20         LAND COMPANY as recorded in Plat Book 2, Page

21         1, of the Public Records of Dade County,

22         Florida said line also being the West plat

23         limits of THE TRAILS, as recorded in Plat Book

24         143, Page 35 of the Public Records of Broward

25         County, Florida to the Southwest corner of said

26         Tract 55;

27

28         The next Two (2) courses being on the municipal

29         boundary of the City of Pembroke Pines as

30         established by Ordinance Number 945;

31


                                  24

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Thence Westerly on the North line of Tract 57

  2         of Section 35 of THE EVERGLADES LAND COMPANY as

  3         recorded in Plat Book 2, Page 1, of the Public

  4         Records of Dade County, Florida and its

  5         Westerly prolongation to an intersection with

  6         the West line of said Section 35, Township 50

  7         South, Range 39 East;

  8

  9         Thence Southerly on said West line of said

10         Section 35 to the Southwest corner of said

11         Section 35, Township 50 South, Range 39 East,

12         said point also being the Northeast corner of

13         Section 3, Township 51 South, Range 39 East;

14

15         Thence Southerly on the East line of said

16         Section 3, to an intersection with the South

17         right-of-way line of Stirling Road as shown on

18         and dedicated by BROWARD COUNTY INTERIM

19         CONTINGENCY SANITARY LANDFILL, as recorded in

20         Plat Book 135, Page 7, of the Public Records of

21         Broward County, Florida, said right-of-way line

22         being 55 feet South of and parallel with the

23         North line of said Section 3;

24

25         Thence Westerly on said South right-of-way line

26         to an intersection with the East right-of-way

27         line of State Road No. 25 (also known as U.S.

28         Highway No. 27) as shown on the State of

29         Florida Department of Transportation

30         Right-of-Way Map Section 86060-2516, Sheets 4,

31


                                  25

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         5, and 6 of 7, dated August 16, 1976 and last

  2         revised November 1987;

  3

  4         Thence Southerly on said East right-of-way line

  5         of State Road No. 25 to an intersection with

  6         the South line of Section 3, Township 51 South,

  7         Range 39 East;

  8

  9         Thence Westerly on the municipal boundary of

10         the City of Pembroke Pines as established by

11         Ordinance Number 536 to the Southwest corner of

12         said Section 3, Township 51 South, Range 39

13         East;

14

15         Thence Northerly on the West line of said

16         Section 3, and continuing Northerly on the West

17         line of Section 34, Township 50 South, Range 39

18         East and on the West line of the Southwest

19         one-quarter (NW 1/4) of Section 27, Township 50

20         South, Range 39 East, to an intersection with

21         the North right-of-way line of the South

22         Florida Water Management District canal C-11

23         (also known as the South New River Canal) in

24         said Section 27 as shown on South Florida Water

25         Management District right-of-way maps for Canal

26         C-11, Drawing Number C-11-3, Sheet 1 of 3;

27

28         Thence (on the municipal boundary of the City

29         of Weston as established by Chapter 96-472,

30         Laws of Florida) Easterly on the said North

31         right-of-way line of the South Florida Water


                                  26

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Management District Canal C-11 (South New River

  2         Canal) to a point on the East line of Section

  3         29, Township 50 South, Range 40 East, said East

  4         line also being the West line of Section 28,

  5         Township 50 South, Range 40 East;

  6

  7         The next Two (2) courses being on the municipal

  8         boundary of the Town of Davie as established by

  9         Ordinance Number 77-44;

10

11         Thence Southerly on said East line to a point

12         on the centerline of right-of-way of the South

13         Florida Water Management District Canal C-11

14         (South New River Canal);

15

16         Thence Easterly on said centerline of the South

17         Florida Water Management District Canal C-11

18         (South New River Canal) to an intersection with

19         the West line of the East one-half (E 1/2) of

20         the West one-half (W 1/2) of Section 28,

21         Township 50 South, Range 40 East;

22

23         Thence (on the municipal boundary of the Town

24         of Davie as established by Ordinance Number

25         86-14) Southerly on the said West line of the

26         East one-half (E 1/2) of the West one-half (W

27         1/2) of said Section 28, and on the West line

28         of the East one-half (E 1/2) of the West

29         one-half (W 1/2) of Section 33, Township 50

30         South, Range 40 East, to an intersection with

31         the North line of Tract 45 of said Section 33,


                                  27

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         as shown on FLORIDA FRUIT LANDS COMPANY'S

  2         SUBDIVISION NO. 1, as recorded in Plat Book 2,

  3         Page 17 of the Public Records of Dade County,

  4         Florida;

  5

  6         The next Two (2) courses being on the municipal

  7         boundary of the Town of Davie as established by

  8         Ordinance Number 88-31;

  9

10         Thence Westerly on the North line of said Tract

11         45 (said line also being the North Plat Limits

12         line of HAWKE'S BLUFF "TOO", as recorded in

13         Plat Book 134, Page 25, of the Public Records

14         Broward County, Florida) to an intersection

15         with a line 55 feet East of and parallel with

16         the West line of said Section 33;

17

18         Thence Southerly on said parallel line to an

19         intersection with a line 1,400 feet North of

20         and parallel with the South line of said

21         Section 33;

22

23         The next Two (2) courses being on the municipal

24         boundary of the Town of Davie as established by

25         Ordinance Number 93-12;

26

27         Thence Westerly on said parallel line to an

28         intersection with the West right-of-way line of

29         Southwest 160th Avenue;

30

31


                                  28

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Thence Southerly on said West right-of-way

  2         line, to an intersection with the North line of

  3         Tract 6 of Section 5, Township 51 South, Range

  4         40 East of FLORIDA FRUIT LANDS COMPANY'S

  5         SUBDIVISION NO. 1, as recorded in Plat Book 2,

  6         Page 17 of the Public Records of Dade County,

  7         Florida, said line also being the North Plat

  8         Limits of SOUTH BROWARD DRAINAGE DISTRICT as

  9         recorded in Plat Book 144, Page 12, of the

10         Public Records of Broward County, Florida;

11

12         Thence (on the municipal boundary of the Town

13         of Davie as established by Ordinance Number

14         88-50) Westerly on said North line of Tract 6

15         to an intersection with the East line of the

16         West one-half (W 1/2) of Tract 5 of said

17         Section 5, as shown on said FLORIDA FRUIT LANDS

18         COMPANY'S SUBDIVISION NO. 1, said line also

19         being the Plat Limits line of ESTATES OF

20         STIRLING LAKE as recorded in Plat Book 142,

21         Page 6, of the Public Records of Broward

22         County, Florida;

23

24         The next Nine (9) courses being on the

25         municipal boundary of the Town of Davie as

26         established by Ordinance Number 89-11;

27

28         Thence Northerly on the East line of the West

29         one-half (W 1/2) of said Tract 5, and on the

30         East line of the West one-half (W 1/2) of

31         Tracts 4, 3, 2 and 1, of said Section 5, of


                                  29

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         FLORIDA FRUIT LANDS COMPANY'S SUBDIVISION NO.

  2         1, to an intersection with a line 55 feet South

  3         of and parallel with the North line of said

  4         Section 5;

  5

  6         Thence Westerly on said parallel line to an

  7         intersection with the West line of said Tract 1

  8         of said Section 5;

  9

10         Thence Southerly on the West line of said

11         Tracts 1, 2 and 3 to the Northeast corner of

12         Tract 13 of said Section 5 of FLORIDA FRUIT

13         LANDS COMPANY'S SUBDIVISION NO. 1;

14

15         Thence Westerly on the North line of said Tract

16         13 to an intersection with the West line of the

17         Northeast one-quarter (NE 1/4) of said Section

18         5;

19

20         Thence Southerly on said West line to an

21         intersection with the South line of Tract 10 of

22         said Section 5 of FLORIDA FRUIT LANDS COMPANY'S

23         SUBDIVISION NO. 1;

24

25         Thence Easterly on said South line to an

26         intersection with the West line of the East

27         one-half (E 1/2) of said Tract 10;

28

29         Thence Northerly on said West line, to an

30         intersection with a line 13.30 feet North of

31


                                  30

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         and parallel with the South line of said Tract

  2         10;

  3

  4         Thence Easterly on said parallel line to an

  5         intersection with the West line of Tract 7 of

  6         said Section 5 of FLORIDA FRUIT LANDS COMPANY'S

  7         SUBDIVISION NO. 1;

  8

  9         Thence Southerly on said West line of Tract 7

10         and on the West line of Tract 8 of said Section

11         5, to an intersection with the South line of

12         the Northeast one-quarter (NE 1/4) of said

13         Section 5;

14

15         The next Three (3) courses being on the

16         municipal boundary of the City of Pembroke

17         Pines as established by Ordinance Number 1118;

18

19         Thence Southerly on the West line of Tract 49

20         of said Section 5 of FLORIDA FRUIT LANDS

21         COMPANY'S SUBDIVISION NO. 1, to the Southwest

22         corner of said Tract 49;

23

24         Thence Easterly on the South line of said Tract

25         49, to an intersection with a line 57 feet West

26         of and parallel with the East line of said

27         Section 5;

28

29         Thence Northerly on said parallel line, to an

30         intersection with the South line of the

31


                                  31

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Northeast one-quarter (NE 1/4) of said Section

  2         5;

  3

  4         Thence (on the municipal boundary of the Town

  5         of Davie as established by Ordinance Number

  6         88-50) Easterly on said South line of the

  7         Northeast one-quarter (NE 1/4) of Section 5, to

  8         an intersection with the East line of said

  9         Section 5, said line also being the West line

10         of Section 4, Township 51 South, Range 40 East;

11

12         Thence (on the municipal boundary of the Town

13         of Davie as established by Ordinance Number

14         88-31) Easterly on the South line of the

15         Northwest one-quarter (NW 1/4) of said Section

16         4, to an intersection with the West line of the

17         East one-half (E 1/2) of the West one-half (W

18         1/2) of said Section 4;

19

20         Thence (on the municipal boundary of the Town

21         of Davie as established by Ordinance Number

22         86-14) Southerly on said West line of the East

23         one-half (E 1/2) of the West one-half (W 1/2)

24         of said Section 4, to the POINT OF BEGINNING;

25

26         TOGETHER WITH;

27

28         A parcel of land in the West one-half (W 1/2)

29         of the East one-half (E 1/2) of Section 2,

30         Township 51 South, Range 39 East, said parcel

31         including Lots 60, 61 and 62 and the adjacent


                                  32

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         right-of-way for Sylan Pass lying North of said

  2         Lots, all as shown on the REPLAT OF WEST

  3         BROWARD INDUSTRIAL PARK, as recorded in Plat

  4         Book 157, Page 39, of the Public Records of

  5         Broward County, Florida, said parcel being

  6         bounded as follows:

  7

  8         On the South by the Northern Plat Limits line

  9         of the B.C.W. PLAT, as recorded in Plat Book

10         162, Page 22, of the Public Records of Broward

11         County, Florida;

12

13         On the West by the Easterly Plat limits line of

14         the BROWARD CORRECTIONAL INSTITUTION, as

15         recorded in Plat Book 90, Page 12, of the

16         Public Records of Broward County, Florida;

17

18         On the North by the North line of said Lot 62

19         of REPLAT OF PORTION OF WEST BROWARD INDUSTRIAL

20         PARK and the Easterly extension thereof, said

21         line also being the common plat limits line

22         between said REPLAT OF PORTION OF WEST BROWARD

23         INDUSTRIAL PARK, and the plat of BROWARD COUNTY

24         INTERIM CONTINGENCY SANITARY LANDFILL, as

25         recorded in Plat Book 135, Page 7, of the

26         Public Records of Broward County, Florida;

27

28         On the East by the East line of said Lot 60 of

29         REPLAT OF PORTION OF WEST BROWARD INDUSTRIAL

30         PARK and the Northerly extension thereof, said

31         line also being the municipal boundary of the


                                  33

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         City of Pembroke Pines as established by

  2         Ordinance Number 907;

  3

  4         Note: There is a history of differences in the

  5         interpretation of the plats of FLORIDA FRUIT

  6         LANDS COMPANY'S SUBDIVISION NO. 1 (Plat Book 2,

  7         Page 17, Dade County Records), THE EVERGLADES

  8         SUGAR & LAND CO. (Plat Book 2, Page 39, Dade

  9         County, Records), THE EVERGLADES LAND

10         COMPANY,(Plat Book 2, Page 1, Dade County,

11         Records), and THE EVERGLADES LAND COMPANY'S

12         SUBDIVISION OF SECTION 36 & SOUTH HALF OF

13         SECTION 25, TOWNSHIP 50 SOUTH, RANGE 39 EAST,

14         (Plat Book 1, Page 63 Dade County, Records). In

15         some instances, the lack of adequate

16         dimensions, labels and dedication statements on

17         these plats, has resulted in differences of

18         interpretation with the respect to certain

19         tract lines being located on the sectional

20         breakdown lines or on the platted right-of-way

21         lines. This legal description cannot resolve

22         these differences. It is the intent of this

23         legal description to match the boundary of a

24         municipality in those instances where the legal

25         description is affected by these differences.

26

27         Section 1.04.  Powers.--The Town shall have all

28  available governmental, corporate, and proprietary powers and

29  may exercise them, except when prohibited by law.  Through the

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

31  the Town that the municipal government established herein have


                                  34

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1  the broadest exercise of home rule powers permitted under the

  2  Constitution and laws of the State.

  3         Section 1.05.  Construction.--This Charter and the

  4  powers of the Town shall be construed liberally in favor of

  5  the Town.

  6         ARTICLE II.  TOWN COUNCIL; MAYOR

  7         Section 2.01.  Town Council.--There shall be a Town

  8  Council (the "Council") vested with all legislative powers of

  9  the Town, consisting of four members ("Council members") and

10  the Mayor.  Council members shall occupy seats numbered 1

11  through 4.  References in this Charter to Council members

12  shall include the Mayor, unless the context dictates

13  otherwise.  Unless otherwise stated within this Charter, all

14  Charter powers shall be exercised by the Council.

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

16  meetings of the Council and be a voting member of the Council.

17  The Mayor shall be recognized as the head of Town government

18  for all ceremonial purposes, for purposes of military law, and

19  for service of process and execution of duly authorized

20  contracts, deeds, and other documents, and as the Town

21  official designated to represent the Town when dealing with

22  other governmental entities.

23         Section 2.03.  Vice Mayor.--The Vice Mayor shall act as

24  Mayor in the absence of the Mayor.  The Vice Mayor shall be

25  elected from among council members for a period of 2 years by

26  a majority of the Council at the first meeting of the Council

27  after each election.

28         Section 2.04.  Election and term of office.--

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

30  in Section 9.03(c), each Council member and the Mayor shall be

31  elected at large for 4-year terms by the electors of the Town


                                  35

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1  in the manner provided in Article VI.  Each Council member and

  2  the Mayor shall remain in office until his or her successor is

  3  elected and assumes the duties of the position.

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

  5  9.03(c), the Town Council shall be divided into four seats,

  6  designated 1, 2, 3, and 4, to be voted on town-wide, with each

  7  qualified elector entitled to vote for one candidate for each

  8  seat.

  9         Section 2.05.  Qualifications.--Except as provided in

10  Section 9.03(c), candidates for Council member shall qualify

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

12  with the Clerk of the Town at such time and in such manner as

13  may be prescribed by ordinance and payment to the Clerk of the

14  sum of $100, plus any fees required by Florida Statutes, as a

15  qualifying fee.  A person may not be a candidate for more than

16  one office in the same election.  Only electors of the Town

17  who have resided continuously in the Town for at least 1 year

18  preceding the date of such filing shall be eligible to hold

19  the office of Council member.  If at the conclusion of the

20  qualifying period no elector shall have filed for candidacy,

21  the Council seat shall be open for a period of 5 days and any

22  qualified elector who has resided in the Town continuously for

23  at least 1 year preceding the date of such filing may file a

24  written notice of candidacy for said Council seat in

25  accordance with the remaining provisions of this section.

26         Section 2.06.  Vacancies; forfeiture of office; filling

27  of vacancies.--

28         (a)  VACANCIES.--The office of a Council member shall

29  become vacant upon his or her death, resignation, or removal

30  from office in any manner authorized by law or by forfeiture

31  of his or her office.


                                  36

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         (b)  FORFEITURE OF OFFICE.--

  2         (1)  Forfeiture by disqualification.--A Council member

  3  shall forfeit his or her office if at any time during his or

  4  her term he or she ceases to maintain his or her permanent

  5  residence in the Town or if he or she otherwise ceases to be a

  6  qualified elector of the Town.

  7         (2)  Forfeiture by absence.--A Council member shall be

  8  subject to forfeiture of his or her office, in the discretion

  9  of the remaining Council members, if he or she is absent

10  without good cause from any three consecutive regular meetings

11  of the Council during any calendar year or if he or she is

12  absent without good cause from any four regular meetings of

13  the Council within any 12-month period.

14         (3)  Procedures.--The Council shall be the sole judge

15  of the qualifications of its members and shall hear all

16  questions relating to forfeiture of a Council member's office,

17  including whether or not good cause for absence has been or

18  may be established.  The burden of establishing good cause

19  shall be on the Council member in question; however, any

20  Council member may at any time during any duly held meeting

21  move to establish good cause for his or her absence or the

22  absence of any other Council member, from any past, present,

23  or future meeting or meetings, which motion, if carried, shall

24  be conclusive.  A Council member whose qualifications are in

25  question or who is otherwise subject to forfeiture of his or

26  her office shall not vote on any such matters.  The Council

27  member in question shall be entitled to a public hearing on

28  requests regarding an alleged forfeiture of office.  If a

29  public hearing is requested, notice thereof shall be published

30  in one or more newspapers of general circulation in the Town

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


                                  37

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1  determination by the Council that a Council member has

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

  3  votes and other acts of the Council member in question prior

  4  to the effective date of such resolution shall be valid

  5  regardless of the grounds of forfeiture.

  6         (c)  FILLING OF VACANCIES.--A vacancy on the Council

  7  shall be filled as follows:

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

  9  the vacancy shall be filled by the Council within 30 days.

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

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

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

13  occurrence of the vacancy.

14         (3)  Persons filling vacancies shall meet the

15  qualifications specified in this Article.

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

17  qualifications under this Article for that vacancy, the

18  Council shall appoint a person qualified under this Article to

19  fill the vacancy.

20         (5)  Notwithstanding any quorum requirements

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

22  Council is reduced to less than a quorum, the remaining

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

24  the extent otherwise permitted or required under this

25  subsection.

26         (6)  In the event that all the members of the Council

27  are removed by death, disability, recall, forfeiture of

28  office, or resignation, or any combination thereof, the

29  Governor shall appoint interim Council members who shall call

30  a special election within not less than 30 days or more than

31  60 days after such appointment.  Such election shall be held


                                  38

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1  in the same manner as the initial elections under this

  2  Charter.  However, if there are less than 6 months remaining

  3  in the unexpired terms, the interim Council appointed by the

  4  Governor shall serve out the unexpired terms.  Appointees must

  5  meet all requirements for candidates provided for in this

  6  Article.

  7         Section 2.07.  Compensation; reimbursement for

  8  expenses.--

  9         (a)  The Council members shall be compensated at the

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

11  rate of $400 per month.  The Mayor and Council shall receive

12  reimbursement in accordance with applicable law, or as may be

13  otherwise provided by ordinance, for authorized travel and per

14  diem expenses incurred in the performance of their official

15  duties.

16         (b)  An ordinance establishing, increasing, or

17  decreasing compensation of the Mayor or Council may be adopted

18  at any time; however, in no event shall any establishment of

19  compensation or any increase in compensation become effective

20  prior to the first day of the first month following the first

21  regular election of the Town subsequent to the adoption of

22  such ordinance.

23         Section 2.08.  Rules of procedure.--The Council shall

24  determine its own rules of procedure.

25         ARTICLE III.  ADMINISTRATIVE

26         Section 3.01.  Town Administrator.--There shall be a

27  Town Administrator (the "Administrator"), who shall be the

28  chief administrative officer of the Town.  The Administrator

29  shall be responsible to the Council for the administration of

30  all Town affairs.

31


                                  39

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Section 3.02.  Appointment; removal; compensation.--The

  2  Council shall appoint the Administrator for an indefinite term

  3  by an affirmative vote of at least four Council members.  The

  4  Council may remove the Administrator at any time by an

  5  affirmative vote of at least four Council members. For voting

  6  purposes, the Mayor shall be considered as a Council member.

  7  The compensation and benefits of the Administrator shall be

  8  fixed by the Council.  Any consideration of the removal of the

  9  Administrator must be an agenda item with public notice given.

10         Section 3.03.  Powers and duties of the

11  Administrator.--The Administrator shall:

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

13  removal of all Town employees.

14         (b)  Direct and supervise the administration of all

15  departments and offices, but not Town boards or agencies,

16  unless so directed by the Council from time to time.

17         (c)  Attend all Council meetings and have the right to

18  take part in discussion, but not the right to vote.

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

20  and acts of the Council, subject to enforcement or

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

22  her direction and supervision, are faithfully executed.

23         (e)  Prepare and submit to the Council a proposed

24  annual budget and capital program.

25         (f)  Submit to the Council and make available to the

26  public an annual report on the finances and administrative

27  activities of the Town as of the end of each fiscal year.

28         (g)  Prepare such other reports as the Council may

29  require concerning the operations of Town departments,

30  offices, boards, and agencies.

31


                                  40

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         (h)  Keep the Council fully advised as to the financial

  2  condition and future needs of the Town and make such

  3  recommendations to the Council concerning the affairs of the

  4  Town as he or she deems to be in the best interests of the

  5  Town.

  6         (i)  Execute, with the Mayor, contracts, deeds, and

  7  other documents on behalf of the Town, as authorized by the

  8  Council.

  9         (j)  Implement the purchase code and guidelines adopted

10  by the Council for the acquisition of goods and services for

11  the Town.

12         (k)  Perform such other duties as are specified in this

13  Charter or as may be required by the Council.

14         Section 3.04.  Absence or disability of

15  Administrator.--To perform his or her duties during his or her

16  temporary absence or disability, the Administrator may

17  designate, by letter filed with the Town Clerk, a qualified

18  administrative officer of the Town.  In the event of failure

19  of the Administrator to make such designation, or should the

20  person so designated by the Town Administrator be

21  unsatisfactory to the Council, the Council may by resolution

22  appoint an officer of the Town to perform the duties of the

23  Administrator until he or she shall return or his or her

24  disability shall cease.

25         Section 3.05.  Bond of Administrator.--The

26  Administrator shall furnish a surety bond to be approved by

27  the Council, and in such amount as the Council may fix, said

28  bond to be conditioned on the faithful performance of his or

29  her duties.  The premium of the bond shall be paid by the

30  Town.

31


                                  41

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Section 3.06.  Town Clerk.--The Administrator shall

  2  appoint a Town Clerk or management firm to serve as Town Clerk

  3  (the "Clerk").  The Clerk shall give notice of Council

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

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

  6  Council or Administrator may prescribe from time to time.  The

  7  Clerk shall report to the Administrator.

  8         Section 3.07.  Town Attorney.--The Council shall

  9  appoint the Town Attorney for an indefinite term by an

10  affirmative vote of at least four Council members.  The

11  Council members may remove the Town Attorney at any time by an

12  affirmative vote of at least four Council members.  The

13  compensation and benefits of the Town Attorney shall be fixed

14  by the Council.  The Town Attorney shall report to the

15  Council.  The Town Attorney shall take office immediately on

16  appointment, and the terms and conditions shall subsequently

17  be reduced to a written contract.  The Council shall have the

18  authority to engage such additional legal counsel as it deems

19  advisable and necessary.

20         Section 3.08.  Powers and duties of the Town

21  Attorney.--The Town Attorney or other attorney, designated and

22  approved by the Council, shall, to the extent required by the

23  Council:

24         (a)  Attend all regular and special meetings of the

25  Council.

26         (b)  Act as the legal advisor to and counselor for the

27  Town and its officers in the matters relating to their

28  official duties.

29         (c)  Approve all contracts, bonds, and other

30  instruments in which the Town is concerned and shall endorse

31  on each his or her approval of the form and correctness


                                  42

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1  thereof.  No contract with the Town shall take effect until

  2  his or her approval is so endorsed thereon.

  3         (d)  When requested to do so by the Council, prosecute

  4  and defend on behalf of the Town all complaints, suits, and

  5  controversies in which the Town is a party.

  6         (e)  When so requested, furnish the Mayor, Council, or

  7  Administrator his or her opinion on any question of law

  8  involving the respective powers and duties of the Mayor,

  9  Council, or Administrator.

10         (f)  Perform such other professional duties as required

11  of him or her by resolution of the Council or as prescribed

12  for municipal attorneys in the general laws of the State which

13  are not inconsistent with this Charter.

14         Section 3.09.  Expenditure of Town funds.--No funds of

15  the Town shall be expended except pursuant to duly approved

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

17  indebtedness duly authorized by the Council and only from such

18  funds so authorized.

19         Section 3.10.  Town boards and agencies.--Except as

20  otherwise provided by law, the Council may establish or

21  terminate such boards and agencies as it may deem advisable

22  from time to time.  The boards and agencies shall report to

23  the Council.  Members of boards and agencies shall be

24  appointed by the Council by resolution.

25         ARTICLE IV.  LEGISLATIVE

26         Section 4.01.  Council meeting procedure.--

27         (a)  MEETINGS.--The Council shall hold at least 11

28  monthly meetings in each fiscal year at such times and places

29  as the Council may prescribe by rule.  No meeting shall extend

30  beyond 11 p.m. local time.  Notwithstanding the aforesaid, the

31  Council may conclude debate and voting on any agenda item


                                  43

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1  under consideration at 11 p.m.  Special meetings may be held

  2  on the call of the Mayor or upon the call of three members of

  3  the Council, and upon no less than 24 hours' notice to each

  4  member and the public, or such shorter time as a majority of

  5  the Council shall deem necessary in case of an emergency

  6  affecting life, health, property, or the public peace.

  7         (b)  QUORUM AND VOTING.--Except as otherwise provided

  8  in this Charter, any three members of the Council shall

  9  constitute a quorum.  The affirmative vote of three members of

10  the Council shall be required for any legislative action with

11  the exception of quasi-judicial items relating to land use and

12  zoning, which shall be governed by Section 5.01.  All voting

13  shall be by roll call.

14         Section 4.02.  Prohibitions.--

15         (a)  APPOINTMENTS AND REMOVALS.--Neither the Council

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

17  appointment or removal of any Town administrative officers or

18  employees whom the Administrator or any of his or her

19  subordinates is empowered to appoint, but the Council members

20  may express their views and fully and freely discuss with the

21  Administrator anything pertaining to appointment and removal

22  of such officers and employees.

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

24  purpose of inquiries and investigations made in good faith,

25  the Council or its members shall deal with Town officers and

26  employees who are subject to the direction and supervision of

27  the Administrator solely through the Administrator, and

28  neither the Council nor its members shall give orders to any

29  such officer or employee, either publicly or privately.  It is

30  the express intent of this Charter that recommendations for

31  improvement in Town government operations by individual


                                  44

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1  Council members be made solely to and through the

  2  Administrator.  Council members may discuss with the

  3  Administrator any matter of Town business; however, no

  4  individual Council member shall give orders to the

  5  Administrator.

  6         (c)  HOLDING OTHER OFFICE.--No elected Town official

  7  shall hold any appointive Town office or Town employment while

  8  in office.  No former elected Town official shall hold any

  9  compensated appointive Town office or Town employment until 1

10  year after the expiration of his or her term.

11         Section 4.03.  Emergency ordinances.--

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

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

14  Council may adopt, in the manner provided by Florida Statutes,

15  one or more emergency ordinances, but such ordinances may not:

16  enact or amend a land use plan or rezone private property;

17  levy taxes; grant, renew, or extend any municipal franchise;

18  set service or user charges for any municipal services; or

19  authorize the borrowing of money, except as provided under the

20  emergency appropriations provisions of this Charter, if

21  applicable.  An emergency ordinance shall be introduced in the

22  form and manner prescribed for ordinances generally, except

23  that it shall be plainly designated in a preamble as an

24  emergency ordinance and shall contain, after the enacting

25  clause, a declaration stating that an emergency exists and

26  describing it in clear and specific terms.

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

28  Council members, an emergency ordinance may be adopted with or

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

30  introduced.  For voting purposes, the Mayor shall be

31  considered as a member of the Council.  After its adoption,


                                  45

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1  the ordinance shall be advertised and printed as prescribed

  2  for other ordinances.

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

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

  5  specified in the ordinance.

  6         (d)  REPEAL.--Every emergency ordinance, except

  7  emergency appropriation ordinances, shall automatically be

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

  9  this shall not prevent reenactment of the ordinance under

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

11  manner specified in this section.  An emergency ordinance may

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

13  same manner specified in this section for adoption of

14  emergency ordinances.

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

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

17  peace, the Council, by resolution, may make emergency

18  appropriations.  To the extent that there are no

19  unappropriated revenues to meet such appropriation, the

20  Council may by such emergency resolution authorize the

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

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

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

24  succeeding that in which the emergency appropriations were

25  made.

26         Section 4.04.  Annual budget adoption.--

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

28  the Council shall not provide for expenditures in an amount

29  greater than the revenues budgeted.

30

31


                                  46

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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


                                  47

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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


                                  48

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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.


                                  49

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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


                                  50

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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


                                  51

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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


                                  52

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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


                                  53

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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


                                  54

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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


                                  55

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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.


                                  56

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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


                                  57

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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


                                  58

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  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 end of the

13  State fiscal year 2001-2002.  The provisions of section

14  218.26(3), Florida Statutes, shall be waived for the fiscal

15  year 2001-2002, and the apportionment factors for the

16  municipalities and counties shall be recalculated pursuant to

17  section 218.245, Florida Statutes.  The initial population

18  estimates for calculating eligibility for shared revenues

19  shall be determined by the University of Florida Bureau of

20  Economic and Business Research as of the effective date of

21  this Charter.  Should the bureau be unable to provide an

22  appropriate population estimate, the initial population for

23  calculating eligibility for shared revenues shall be

24  established at the level of 9,000.

25         Section 9.10.  Gas tax revenues.--Notwithstanding the

26  requirements of section 336.025, Florida Statutes, to the

27  contrary, the Town shall be entitled to receive local option

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

29  shall be distributed in accordance with the interlocal

30  agreement with Broward County.

31


                                  59

CODING: Words stricken are deletions; words underlined are additions.






                                      HB 1777, First Engrossed/ntc



  1         Section 9.11.  Shared revenues.--Broward County shall

  2  distribute to the Town, from taxes, franchise fees, and ad

  3  valorem taxes, revenues collected within the municipal

  4  boundaries of the Town.  This calculation shall be based upon

  5  a population projection of 9,000 in anticipation of the year

  6  2000 census.

  7         Section 9.12.  Conflicting provisions.--This act shall

  8  take precedence over any other prior enacted law.

  9         Section 2.  This act shall only take effect upon

10  approval by a majority of those qualified electors residing

11  within the proposed corporate limits of the proposed Town of

12  Southwest Ranches as described in section 1.03 of the charter,

13  voting in a referendum election to be called by the Board of

14  County Commissioners of Broward County and to be held on June

15  6, 2000, in accordance with the provisions relating to

16  elections currently in force except that:

17         (1)  This section and section 9.01 of the charter shall

18  take effect upon this act becoming a law.

19         (2)  If a majority of the qualified voters voting do

20  not approve this act then this act shall not take effect.

21         (3)  If approved by a majority of the qualified voters

22  voting then this act and charter shall take effect upon

23  certification of the election results by the Board County

24  Supervisor of Elections.

25

26

27

28

29

30

31


                                  60