House Bill 1777er
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ENROLLED
2000 Legislature HB 1777, First Engrossed
1
2 An act relating to Broward County; creating the
3 charter of the Town of Southwest Ranches;
4 providing for the corporate name and purpose of
5 the charter; establishing form of government
6 and territorial boundaries of the municipality;
7 providing powers of the municipality and of
8 certain officers; providing for election and
9 terms of office of a town council, including
10 the mayor and vice mayor, and providing for
11 qualifications, powers, and duties of and
12 restrictions on its membership; establishing
13 circumstances which create vacancies in office
14 and providing for filling vacancies and for
15 forfeiture and recall; providing a procedure
16 for establishing compensation and expense
17 reimbursement for the mayor and town council;
18 providing for rules of procedure; providing for
19 a town administrator, town clerk, and town
20 attorney and powers and duties of each;
21 providing restrictions on expenditure of town
22 funds; authorizing establishment of town boards
23 and agencies; providing for council meetings,
24 procedural rules, and recordkeeping and voting
25 at meetings; providing for emergency
26 ordinances; providing for budget requirements,
27 adoption, and amendment and establishing a
28 fiscal year; providing procedures for
29 authentication, recording, and disposition of
30 ordinances, resolutions, and charter
31 amendments; establishing the right to
1
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ENROLLED
2000 Legislature HB 1777, First Engrossed
1 determine, order, levy, assess, and collect
2 taxes; providing for borrowing by the town;
3 providing for an annual independent audit;
4 providing for quasi-judicial procedures;
5 establishing election requirements and
6 guidelines; providing for charter amendments
7 and review; providing for severability;
8 providing for standards of conduct; providing
9 for a personnel system; providing requirements
10 for charitable contributions; providing for
11 transition, including a referendum on
12 incorporation and alternate manners of
13 elections for the town council, initial
14 election and terms, and date of creation and
15 establishment of the municipality; providing
16 for interim adoption of codes and ordinances
17 and taxes and fees; providing for payment of
18 certain revenues and for transitional
19 ordinances and resolutions; entitling the town
20 to state shared and local option gas tax
21 revenues; providing for the sharing of certain
22 revenues; providing for precedence of the
23 provisions of this act over conflicting
24 provisions of other laws; providing an
25 effective date.
26
27 Be It Enacted by the Legislature of the State of Florida:
28
29 Section 1. The charter of the Town of Southwest
30 Ranches, Broward County, is created to read:
31
2
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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);
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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ENROLLED
2000 Legislature HB 1777, First Engrossed
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
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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
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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
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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
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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
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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,
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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
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1 (b) BUDGET ADOPTION.--The budget shall be adopted in
2 accordance with applicable Florida Statutes and any amendments
3 thereto.
4 (c) SPECIFIC APPROPRIATION.--The budget shall be
5 specific as to the nature of each category of appropriations.
6 Reasonable appropriations may be made for contingencies, but
7 only within defined spending categories.
8 Section 4.05. Fiscal year.--The fiscal year of the
9 Town government shall begin on the first day of October and
10 shall end on the last day of September of the following
11 calendar year, unless otherwise defined by Florida Statutes.
12 Such fiscal year shall also constitute the annual budget and
13 accounting year.
14 Section 4.06. Appropriation amendments during the
15 fiscal year.--
16 (a) SUPPLEMENTAL APPROPRIATIONS.--If, during any
17 fiscal year, revenues in excess of those estimated in the
18 annual budget are available for appropriation, the Council may
19 by ordinance make supplemental appropriations for the fiscal
20 year up to the amount of such excess.
21 (b) REDUCTION OF APPROPRIATIONS.--If, at any time
22 during the fiscal year, it appears probable to the
23 Administrator that the revenues available will be insufficient
24 to meet the amounts appropriated, he or she shall report to
25 the Council without delay, indicating the estimated amount of
26 the deficit and his or her recommendations as to the remedial
27 action to be taken. The Council shall then take such action
28 as it deems appropriate to prevent any deficit spending not
29 covered by adequate reserves.
30
31
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1 Section 4.07. Authentication, recording, and
2 disposition of ordinances, resolutions, and Charter
3 amendments.--
4 (a) AUTHENTICATION.--The Mayor and the Clerk shall
5 authenticate, by their signatures, all ordinances and
6 resolutions adopted by the Council. In addition, when Charter
7 amendments have been approved by the electors, the Mayor and
8 the Clerk shall authenticate, by their signatures, the Charter
9 amendment, such authentication to reflect the approval of the
10 Charter amendment by the electorate.
11 (b) RECORDING.--The Clerk shall keep properly indexed
12 books in which shall be recorded, in full, all ordinances and
13 resolutions enacted or passed by the Council. Ordinances
14 shall, at the direction of the Council, be periodically
15 codified. The Clerk shall also maintain the Charter in
16 current form as to all amendments.
17 (c) PRINTING.--The Council shall, by ordinance,
18 establish procedures for making all resolutions, ordinances,
19 technical codes adopted by reference, and this Charter
20 available for public inspection and available for purchase at
21 a reasonable price.
22 Section 4.08. Borrowing.--
23 (a) Subject to the referendum requirements of the
24 State Constitution, if applicable, the Town may from time to
25 time borrow money and issue bonds or other obligations or
26 evidence of indebtedness (collectively, "bonds") of any type
27 or character for any of the purposes for which the Town is now
28 or hereafter authorized by law to borrow money, including to
29 finance the cost of any capital or other project and to refund
30 any and all previous issues of bonds at or prior to maturity.
31
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1 Such bonds may be issued pursuant to one or more resolutions
2 adopted by a majority of the Council.
3 (b) The Town may assume all outstanding indebtedness
4 related to facilities it acquires from other units of local
5 government and be liable for payment thereon in accordance
6 with its terms.
7 Section 4.09. Independent audit.--The Council shall
8 provide for an independent annual audit of all Town accounts
9 and may provide for more frequent audits as it deems
10 necessary. Such audits shall be made by a certified public
11 accountant or firm of such accountants who have no personal
12 interest, direct or indirect, in the fiscal affairs of the
13 Town government or any of its officers.
14 ARTICLE V. QUASI-JUDICIAL
15 Section 5.01. Quasi-judicial meeting procedures.--All
16 quasi-judicial items relating to land use and zoning require
17 four affirmative votes of the Council. Any four members of
18 the Council shall constitute a quorum for quasi-judicial
19 items. All voting shall be by roll call.
20 ARTICLE VI. ELECTIONS
21 Section 6.01. Elections.--
22 (a) ELECTORS.--Any person who is a resident of the
23 Town, has qualified as an elector of the State, and registers
24 to vote in the manner prescribed by law shall be an elector of
25 the Town.
26 (b) NONPARTISAN ELECTIONS.--All elections for the
27 offices of Council member and Mayor shall be conducted on a
28 nonpartisan basis.
29 (c) ELECTION DATES.--A regular election shall be held
30 on the second Tuesday in March of even-numbered years,
31 commencing in 2002.
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1 (d) GENERAL ELECTION.--The ballot for the general
2 election shall contain the names of all qualified candidates
3 for Mayor if the Mayor's term is expiring and for each of the
4 two Council seats which are to be filled at that election as a
5 result of two Council members' terms expiring, and shall
6 instruct electors to cast one vote for Mayor, if applicable,
7 and one vote for each Council seat, with a maximum of one vote
8 per candidate. The candidate for Mayor receiving the most
9 votes shall be the duly elected Mayor. The candidate
10 receiving the most votes in each designated Council seat,
11 respectively, shall be the duly elected Council member for
12 that designated Council seat.
13 (e) SPECIAL ELECTIONS.--Special elections, when
14 required, shall be scheduled by the Council at such times and
15 in such manner as shall be consistent with this Charter and
16 State law.
17 (f) SINGLE CANDIDATES.--No election for Mayor or any
18 Council seat shall be required in any election if there is
19 only one duly qualified candidate for Mayor or for any Council
20 seat.
21 (g) COMMENCEMENT OF TERMS.--The term of office of any
22 elected official shall commence immediately after the
23 election.
24 (h) OATH.--All elected officers, before entering upon
25 their duties, shall take and subscribe to the following oath
26 of office:
27
28 I do solemnly swear (or affirm) that I will
29 support, protect, and defend the Constitution
30 and Government of the United States and of the
31 State of Florida, and the Charter of the Town
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1 of Southwest Ranches; that I am duly qualified
2 to hold office under the Constitution of the
3 State and the Charter of the Town of Southwest
4 Ranches; and that I will well and faithfully
5 perform the duties of (Mayor or Council member)
6 upon which I am now about to enter. (So help
7 me God.)
8
9 (i) ELECTION LAWS.--The election laws of the State
10 shall apply to all elections.
11 (j) RECALL.--The registered electors of the Town shall
12 have the power to recall and to remove from office any elected
13 official of the Town as provided by general law of the State.
14 ARTICLE VII. CHARTER AMENDMENTS
15 Section 7.01. Charter amendments.--This Charter may be
16 amended in accordance with the provisions of this Article.
17 Section 7.02. Procedure to amend.--
18 (a) INITIATION.--This Charter may be amended in two
19 ways:
20 (1) By ordinance.--The Council may, by ordinance,
21 propose amendments to this Charter and, upon passage of the
22 initiating ordinance, shall submit the proposed amendment to a
23 vote of the electors at the next general election held within
24 the Town or at a special election called for such purpose.
25 (2) By petition.--The electors of the Town may propose
26 amendments to this Charter by petition pursuant to the
27 requirements of chapter 166, Florida Statutes, as amended.
28 (b) SUBMISSION TO ELECTORS.--Upon certification of the
29 sufficiency of a petition, the Council shall submit the
30 proposed amendment to a vote of the electors at a general
31 election or special election to be held not less than 60 days
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1 or more than 120 days from the date on which the petition was
2 certified or at a special election called for such purpose.
3 (c) RESULTS OF ELECTION.--If a majority of the
4 qualified electors voting on a proposed amendment votes for
5 its adoption, it shall be considered adopted upon
6 certification of the election results. If conflicting
7 amendments are adopted at the same election, the one receiving
8 the greatest number of affirmative votes shall prevail to the
9 extent of such conflict.
10 Section 7.03. Appointment of Charter Review
11 Committee.--The Council shall appoint a Charter Review
12 Committee, which shall contain at least five registered
13 electors who are residents of the Town and whose
14 responsibilities shall include the review and analysis of the
15 Charter and recommendations to the Council of proposed Charter
16 amendments, including, without limitation, issues such as
17 District voting versus town-wide elections for Council
18 members. All recommendations of the Charter Review Committee
19 shall be considered by the Council at least once every 4
20 years, and the Council may by ordinance propose amendments to
21 this Charter upon recommendation of the Charter Review
22 Committee. Upon passage of the initiating ordinance, the
23 Council shall submit the proposed amendment to a vote of the
24 electors of the Town at the next general election held within
25 the Town or at a special election called for such purpose.
26 ARTICLE VIII. GENERAL PROVISIONS
27 Section 8.01. Severability.--If any section or part of
28 any section of this Charter shall be held invalid by a court
29 of competent jurisdiction, such holding shall not affect the
30 remainder of this Charter or the context in which such section
31 or part of a section so held invalid may appear, except to the
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1 extent that an entire section or part of a section may be
2 inseparably connected in meaning and effect with the section
3 or part of a section to which such holding shall directly
4 apply.
5 Section 8.02. Conflicts of interest; ethical
6 standards.--All Council members, officials, and employees of
7 the Town shall be subject to the standards of conduct for
8 public officers and employees set by federal, state, county,
9 or other applicable law.
10 Section 8.03. Town personnel system.--All new
11 employments, appointments, and promotions of Town officers and
12 employees shall be made pursuant to personnel procedures to be
13 established by the Administrator from time to time.
14 Section 8.04. Charitable contributions.--The Town
15 shall not make any charitable contribution to any person or
16 entity unless authorized by the Council.
17 Section 8.05. Variation of pronouns.--All pronouns and
18 any variations thereof used in this Charter shall be deemed to
19 refer to masculine, feminine, neutral, singular, or plural as
20 the identity of the person or persons shall require and are
21 not intended to describe, interpret, define, or limit the
22 scope, extent, or intent of this Charter.
23 Section 8.06. Style and capitalization.--When a
24 defined word is enclosed in quotes and in parentheses after
25 the definition, that word shall be treated as a defined term
26 in the remainder of this Charter, when capitalized.
27 Section 8.07. Calendar day.--For the purposes of this
28 Charter, a day shall mean a calendar day.
29 ARTICLE IX. TRANSITION PROVISIONS
30 Section 9.01. Referendum for incorporation.--Upon
31 approval by an affirmative vote of the voters voting in the
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1 referendum as provided in chapter 97-371, Laws of Florida,
2 voting for incorporation in the election of March 14, 2000, a
3 referendum election called for by this act shall be called by
4 the Board of County Commissioners of Broward County for June
5 6, 2000, at which time the following question shall be placed
6 upon the ballot in Precincts 47Z, 48Z, and 74Z (or any future
7 restructuring or renumbering of said precincts of the
8 geographical area described in Section 1.03, as may be
9 determined by the Broward County Supervisor of Elections):
10
11 INCORPORATION OF THE TOWN OF SOUTHWEST RANCHES
12
13 Select one below:
14
15 The charter of the Town of Southwest Ranches
16 shall provide for incorporation, municipal
17 powers, and a Town Council-Administrator form
18 of government and shall provide for election of
19 the Mayor and the other members of the Town
20 Council at large.
21
22 The charter of the Town of Southwest Ranches
23 shall provide for incorporation, municipal
24 powers, and a Town Council-Administrator form
25 of government and shall provide, beginning with
26 the municipal election of 2002, that the Mayor
27 and each other member of the Town Council shall
28 be elected at large, but, other than the Mayor,
29 each Council member must reside within one of
30 four separate residential districts.
31
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1 In the event that the second choice of the ballot proposition
2 provided for in this section receives the majority of the
3 votes cast in the referendum called for in this section, the
4 provisions of Section 2.04 and Section 6.01(d) of the Charter
5 shall instead read as follows:
6 Section 2.04. Election and terms of office.--
7 (a) MAYOR.--Except as provided in Section 9.03(c), the
8 Mayor shall be elected at large for a 4-year term by the
9 electors of the Town in the manner provided in Article VI.
10 The Mayor shall remain in office until his or her successor is
11 elected and assumes the duties of the position.
12 (b) TOWN COUNCIL.--Except as provided in Section
13 9.03(c), each Council member other than the Mayor shall be
14 elected at large for a 4-year term by the electors of the Town
15 in the manner provided in Article VI. Subsequent to the
16 decennial census of 2000, but at least 6 months before the
17 qualifying period for the municipal election of 2002, the
18 Council shall divide the Town into four residential districts
19 which shall be as nearly equal in population as practicable.
20 The Council shall designate each of the districts one of the
21 numbers 1 through 4. Each seat number shall correspond with a
22 residential district number. Beginning with the municipal
23 election of 2002, and for each election thereafter, the four
24 members of the Council other than the Mayor must be electors
25 of the Town and residents of the particular residential
26 district on the date on which they qualify for election.
27 Council members in office who are removed from their district
28 as a result of the redistricting subsequent to the decennial
29 census of 2000, or after a subsequent decennial census, may
30 serve out the balance of their terms. Each Council member
31
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1 shall remain in office until his or her successor is elected
2 and assumes the duties of the position.
3 Section 6.01. Elections.--
4 (d) GENERAL ELECTION.--The ballot for the general
5 election shall contain the names of all qualified candidates
6 for Mayor if the Mayor's term is expiring and for each of the
7 two Council seats which are to be filled at that election as a
8 result of two Council members' terms expiring, and shall
9 instruct electors to cast one vote for Mayor, if applicable,
10 and one vote for each designated residential Council seat to
11 be filled at that election. The candidate for Mayor receiving
12 the most votes shall be the duly elected Mayor. The candidate
13 receiving the most votes in each designated residential
14 Council seat, respectively, shall be the duly elected Council
15 member for that designated residential Council seat.
16 Section 9.02. Creation and establishment of Town.--For
17 the purpose of compliance with Florida Statutes relating to
18 assessment and collection of ad valorem taxes, the Town is
19 hereby created and established effective June 6, 2000.
20 Section 9.03. Initial election of Council members;
21 dates; qualifying period; certification of election results;
22 induction into office.--
23 (a) DATES.--Following the adoption of this Charter in
24 accordance with Section 9.01, a special election for the
25 election of the Mayor and four Council members shall be held
26 on July 25, 2000.
27 (b) QUALIFYING PERIOD.--Any individual wishing to run
28 for Mayor or one of the four Council seats shall qualify as a
29 candidate with the Broward County Supervisor of Elections
30 between June 8, 2000, and June 23, 2000, in accordance with
31 the provisions of this Charter and general law.
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1 (c) CERTIFICATION OF ELECTION RESULTS.--For the
2 initial election, a canvassing board shall be appointed by the
3 Board of County Commissioners of Broward County to certify the
4 results of the election. At the first election under this
5 Charter, the four candidates for Council member receiving the
6 highest number of votes shall be elected. At such initial
7 election, seats shall not be designated. Of the elected
8 candidates, the two receiving the greatest number of votes
9 shall serve until their successors are elected in March 2004
10 and assume the duties of the office, and the remaining two
11 shall serve until their successors are elected in March 2002
12 and assume the duties of the office. The candidate receiving
13 the highest number of votes shall occupy seat 1; the candidate
14 receiving the second highest number shall occupy seat 2; the
15 candidate receiving the third highest number shall occupy seat
16 3; and the candidate receiving the fourth highest number shall
17 occupy seat 4. Thereafter, all Council members shall be
18 elected for 4-year terms. The mayoral candidate receiving the
19 highest number of votes shall be elected. The Mayor shall be
20 elected at the first election to serve until his or her
21 successor is elected in March 2004 and assumes the duties of
22 the office, and for a 4-year term at all subsequent elections.
23 (d) INDUCTION INTO OFFICE.--Those candidates who are
24 elected on July 25, 2000, shall take office at the initial
25 Council meeting, which shall be held at 7:30 p.m. on August 8,
26 2000, at a place to be designated by the Mayor.
27 Section 9.04. Temporary nature of Article.--The
28 following sections of this Article are inserted solely for the
29 purpose of effecting the incorporation of the Town and the
30 transition to a new municipal government. Each section of
31 this Article shall automatically, and without further vote or
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1 act of the electors of the Town, become ineffective and no
2 longer a part of this Charter at such time as the
3 implementation of such section has been accomplished.
4 Section 9.05. Interim adoption of codes and
5 ordinances.--Until otherwise modified or replaced by this
6 Charter or the Council, all codes, ordinances, and resolutions
7 of Broward County, Florida, in effect on the day of adoption
8 of this Charter shall, to the extent applicable to the Town,
9 remain in force and effect as municipal codes, ordinances, and
10 resolutions of the Town. Until otherwise determined by the
11 Council, said codes, ordinances, and resolutions shall be
12 applied, interpreted, and implemented by the Town in a manner
13 consistent with established policies of Broward County on the
14 date of this Charter.
15 Section 9.06. Taxes and fees.--Until otherwise
16 modified by the Council, all municipal taxes and fees imposed
17 within the Town boundaries by the County as the municipal
18 government for unincorporated Broward County, which taxes and
19 fees are in effect on the date of adoption of this Charter,
20 shall continue at the same rate and on the same conditions as
21 if those taxes and fees had been adopted and assessed by the
22 Town.
23 Section 9.07. First year expenses.--The Council, in
24 order to provide moneys for the expenses and support of the
25 Town, shall have the power to borrow money necessary for the
26 operation of Town government until such time as a budget is
27 adopted and revenues are raised in accordance with the
28 provisions of this Charter.
29 Section 9.08. Transitional ordinances and
30 resolutions.--The Council shall adopt ordinances and
31 resolutions required to effect the transition. Ordinances
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1 adopted within 60 days after the first Council meeting may be
2 passed as emergency ordinances. These transitional ordinances
3 shall be effective for no longer than 90 days after adoption,
4 and thereafter may be readopted, renewed, or otherwise
5 continued only in the manner normally prescribed for
6 ordinances.
7 Section 9.09. State shared revenues.--The Town shall
8 be entitled to participate in all shared revenue programs of
9 the State, effective immediately on the date of incorporation.
10 The provisions of section 218.23, Florida Statutes, shall be
11 waived for the purpose of eligibility to receive revenue
12 sharing from the date of incorporation through the 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.
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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.
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