House Bill hb0907

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    Florida House of Representatives - 2001                 HB 907

        By Representative Ritter






  1                      A bill to be entitled

  2         An act relating to Broward County; providing

  3         for extending the corporate limits of the Town

  4         of Pembroke Park; providing for annexation of

  5         unincorporated areas within Broward County;

  6         providing for revision of the Charter of the

  7         Town of Pembroke Park; providing for a

  8         referendum; providing an effective date.

  9  

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

11  

12         Section 1.  (1)  South Central Broward as herein

13  described shall include all unincorporated lands bounded on

14  the south by the boundary of Broward County with Dade County,

15  on the east by the right-of-way forming a part of I-95, on the

16  north by the inclusion of all the rights-of-way of Pembroke

17  Road, and on the west by the inclusion of all of the

18  right-of-way of State Road 7.

19         (2)  Carver Ranches as herein described shall include

20  the unincorporated area bounded on the north by Pembroke Road

21  starting at 40th Avenue going west to 58th Avenue, then south

22  to 23rd Street, then east to 56th Avenue; then south to

23  Hallandale Beach Boulevard; then east to 38th Avenue; then

24  north to 25th Street; then west to 40th Avenue and then north

25  to Pembroke Road.

26         (3)  Miami Gardens and Utopia as herein described shall

27  include the unincorporated area bounded on the north by

28  Pembroke Road starting at 58th Avenue; then west to State Road

29  441; then south to the Miami Dade County Line; then east to

30  56th Avenue; then north to 38th Court; then east to 54th

31  Avenue; then north to 36th Court; then west to 56th Avenue;

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  1  then north to Hallandale Beach Boulevard; then east to 53rd

  2  Avenue; then north to 25th Court; then west to 56th Avenue;

  3  then north to 25th Court; then west to 58th Avenue; then north

  4  to Pembroke Road.

  5         (4)  Lake Forest as herein described shall include the

  6  unincorporated area within the following boundaries: on the

  7  north by Hallandale Beach Boulevard; on the west by 48th

  8  Avenue; on the South by County Line Road; and on the east by

  9  32nd Avenue.

10         Section 2.  A special election shall be scheduled by

11  the Board of County Commissioners of Broward County in

12  accordance with the provisions of law relating to elections

13  currently in force in Broward County on November 6, 2001. Only

14  registered voters residing in the unincorporated area within

15  South Central Broward County as described in this act may vote

16  in said election.  A mail ballot shall not be used in said

17  election.  The item that shall appear on the ballot of the

18  special election of November 6, 2001, shall be as follows:

19  

20         Shall all of South Central Broward be annexed

21         into Pembroke Park in 2002 or in phases

22  

23         Select one below:

24  

25         All of the unincorporated areas of South

26         Central Broward shall be annexed into Pembroke

27         Park effective September 15, 2002.

28  

29         The unincorporated areas of South Central

30         Broward shall become a part of Pembroke Park as

31         follows:

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  1  

  2         (a) Carver Ranches - September 15, 2002.

  3         (b) Miami Gardens and Utopia - September 15,

  4         2003.

  5         (c) Lake Forest - September 15, 2004.

  6         Section 3.  If a majority of voters voting in the

  7  unincorporated area within South Central Broward, as described

  8  in this act, vote for annexation into Pembroke Park as of

  9  September 15, 2002, the area described in this act shall be

10  deemed a part of the City of Pembroke Park and shall be

11  subject to the Charter as provided for in section 5 of this

12  act, which shall be the Charter of the City of Pembroke Park

13  effective September 15, 2002.

14         Section 4.  If a majority of voters voting in the

15  unincorporated areas within South Central Broward, as

16  described in this act, vote for annexation into Pembroke Park

17  in phases, the various subdivisions of South Central Broward

18  as described in section 1 of this act shall be annexed into

19  Pembroke Park as follows:

20         (1)  Carver Ranches shall be deemed a part of Pembroke

21  Park on September 15, 2002.

22         (2)  Miami Gardens and Utopia shall be deemed a part of

23  Pembroke Park on September 15, 2003.

24         (3)  Lake Forest shall be deemed a part of Pembroke

25  Park on September 15, 2004.

26         Section 5.  Effective September 15, 2002, the Charter

27  of the City of Pembroke Park shall be as follows:

28             THE CHARTER OF THE CITY OF PEMBROKE PARK

29                            ARTICLE I

30                      ESTABLISHED PROVISIONS

31  

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  1         Section 1.01.  CONTINUATION AND POWERS.--The Town of

  2  Pembroke Park, created by chapter 59-1722, Laws of Florida,

  3  shall continue its corporate existence subject to the amended

  4  provisions of this act, and is vested with all the

  5  governmental, corporate, and proprietary powers required to

  6  enable it to conduct municipal government, perform municipal

  7  functions, and render municipal services, together with the

  8  implied powers necessary to carry into execution all the

  9  powers granted, and may exercise any power for municipal

10  purposes not expressly prohibited by the Constitution of the

11  State of Florida, general or special law, or the Broward

12  County Charter.

13         Section 1.02.  MUNICIPAL ESTABLISHMENT AND

14  DESIGNATION.--The inhabitants of the Town of Pembroke Park and

15  the inhabitants of the formerly unincorporated areas of

16  Broward County known as Carver Ranches, Lake Forest, Miami

17  Gardens, and Utopia shall merge and shall be a body politic

18  and corporate, according to the boundaries herein established

19  and designated, or as same may hereafter be established and

20  designated, and shall be designated as the "City of Pembroke

21  Park," and shall have perpetual existence, and shall have a

22  common seal and may change the same at its pleasure from time

23  to time.

24         Section 1.03.  ORDINANCES REMAIN IN EFFECT.--All

25  existing ordinances and resolutions of the municipality of the

26  Town of Pembroke Park regularly passed, promulgated, and

27  enrolled on the date of amendment of this Charter shall remain

28  in effect and unimpaired until repealed, amended, or modified,

29  provided such ordinances and resolutions are not inconsistent

30  with the provisions of this Charter or special acts providing

31  for same.

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  1         Section 1.04.  OFFICERS HOLD RESPECTIVE OFFICES UNTIL

  2  SUCCESSORS ELECTED.--All officers heretofore elected or

  3  appointed and holding office of the Commission of the Town of

  4  Pembroke Park shall continue to hold their respective offices

  5  within the City of Pembroke Park and to discharge the duties

  6  thereof and receive the emoluments thereof until their

  7  successors are elected and qualified and take office according

  8  to the provisions of this Charter.

  9         Section 1.05.  TITLE OF PROPERTY RESERVED.--The title,

10  rights, and ownership of all property, both real and personal,

11  uncollected taxes, dues, claims, judgments, decrees, choses in

12  action, and all property and property rights held or owned by

13  the municipality named Town of Pembroke Park shall be retained

14  and vested in the City of Pembroke Park.

15         Section 1.06.  CONTRACTS REMAIN BINDING.--All valid and

16  enforceable indebtedness, obligations, and contracts of the

17  Town of Pembroke Park, including all bonds issued and

18  outstanding, shall remain valid and enforceable,

19  notwithstanding the amendment of this Charter, and such

20  indebtedness, obligations, and contracts shall be imposed upon

21  and shall be binding upon the City of Pembroke Park.

22         Section 1.07.  BOUNDARIES.--The City of Pembroke Park

23  shall include all formerly unincorporated lands bounded on the

24  south by the boundary of Broward County with Miami-Dade

25  County, on the east by the right-of-way forming a part of

26  I-95, on the north by the inclusion of all the rights-of-way

27  of Pembroke Road, and on the west by the inclusion of all of

28  the right-of-way of State Road 7 and all lands formerly

29  included within the Town of Pembroke Park.

30         Section 1.08.  JURISDICTION.--The jurisdiction and

31  powers of the City of Pembroke Park shall extend over all

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  1  streets, sewers, parks, and lands within the corporate limits,

  2  whether platted or unplatted, and in the airs above same; and

  3  to and over all waters, waterways, streams, submerged lands,

  4  and water bottoms; and to and over all persons, firms, and

  5  corporations, property and property rights, occupations,

  6  businesses, and professions whatsoever within said boundaries;

  7  and to and over all property owned, leased, or operated by the

  8  City of Pembroke Park outside the corporate limits.

  9         Section 1.09.  TITLE TO PUBLIC PROPERTY.--The title to

10  and jurisdiction over all streets, thoroughfares, parks,

11  alleys, public lots, and sewers within the City, and all other

12  property and municipal plants of the City now owned,

13  possessed, or operated by it, and all property of every kind

14  and character which the City may hereafter acquire within or

15  outside the City, or which may vest in it, or be dedicated to

16  it for its use or for the public use, shall be vested in the

17  City of Pembroke Park.  Title to all public streets and the

18  public rights-of-way associated therewith, lying within the

19  area of the previously unincorporated areas of Broward County

20  which are now within the municipal boundaries of the City of

21  Pembroke Park are transferred from Broward County to the City

22  of Pembroke Park.

23         Section 1.10.  FORM OF GOVERNMENT.--The municipal

24  government provided by this Charter shall be known as

25  "Commission-Manager Government." Pursuant to the provisions

26  and subject only to the limitations imposed by the

27  Constitution of the State of Florida and by this Charter, all

28  powers of the City shall be vested in an elective commission,

29  hereinafter referred to as "the Commission," which shall enact

30  local legislation, adopt budgets, determine policies, and

31  appoint a City Manager who shall execute the laws and

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  1  administer the government of the City.  All powers of the City

  2  shall be exercised in the manner prescribed by the Charter, or

  3  if the manner is not prescribed, then in such manner as may be

  4  prescribed by ordinance.

  5         Section 1.11.  CONSTRUCTION.--The powers of the City

  6  shall be construed liberally in favor of the City, limited

  7  only by the Constitution of the State of Florida, general law,

  8  and specific limitations contained herein.

  9         Section 1.12.  FISCAL YEAR.--The fiscal year of the

10  City shall begin on the 1st day of October of each year and

11  shall end on the 30th day of September of the following year.

12  Such fiscal year shall also constitute the budget and account

13  year.

14                            ARTICLE II

15                      THE COMMISSION; MAYOR

16         Section 2.01.  LEGISLATIVE POWERS.--The legislative

17  powers of the City shall be vested in and exercised by the

18  Commission, and the Commission shall have the power to pass

19  ordinances, adopt resolutions, appoint by resolution all

20  appointive officers and boards, and exercise all the powers

21  granted by the Constitution of the State of Florida, general

22  or special law, and as herein provided. The Commission shall

23  consist of five members, one of whom shall be the Mayor.

24         Section 2.02.  DISTRICTS.--For the purpose of

25  representation upon and election of the Commissioners, the

26  City of Pembroke Park Commission shall, by ordinance, prior to

27  December 1, 2002, apportion the City in accordance with the

28  Constitution of the State of Florida and the United States

29  Constitution into four consecutively numbered districts.

30  Thereafter, by subsequently enacted ordinances, the City of

31  Pembroke Park Commission shall adjust the boundary lines of

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  1  said districts as may be required from time to time in order

  2  that the apportionment of the City shall continue to be in

  3  accordance with the Constitution of the State of Florida and

  4  the United States Constitution, but in any event not less

  5  frequently than within the first calendar year following each

  6  decennial census.

  7         Section 2.03.  NUMBER, SELECTION, AND TERMS OF

  8  COMMISSIONERS; INITIAL TERM OF COMMISSIONERS.--

  9         (a)  The Commission shall consist of four Commissioners

10  and a Mayor, with one Commissioner elected for each of the

11  four districts by vote of the electors residing and qualified

12  within the City.  The Commissioners shall be elected for a

13  period of 4 years, or until their successors are elected and

14  qualified.  The terms of office of the Commissioners shall be

15  staggered so that the terms of office of all Commissioners

16  shall not expire in the same year.

17         (b)  In order to provide for staggered terms of office

18  for the Commissioners as provided in this section, at the

19  initial municipal election to be held in March 2003, the

20  Commissioners from Districts 1 and 3 shall be elected for a

21  term of 4 years and the Commissioners from Districts 2 and 4

22  shall be elected for a term of 2 years.  In subsequent

23  elections, all Commissioners shall be elected for 4-year terms

24  to fill seats as terms expire in the respective districts.

25         (c)  No individual shall serve as Commissioner for more

26  than two consecutive 4-year terms in office.  This provision

27  shall be prospective and not retroactive, and shall not take

28  into account the present or past terms of elected

29  Commissioners from the Town of Pembroke Park.

30         Section 2.04.  QUALIFICATIONS AND DISQUALIFICATIONS OF

31  COMMISSIONERS.--

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  1         (a)  Commissioners shall have the following

  2  qualifications:

  3         1.  They shall have been residents of the election

  4  district from which they are elected for at least 6 months

  5  immediately preceding taking office.  Time of residency within

  6  the unincorporated portion of South Central Broward County

  7  prior to its incorporation into Pembroke Park shall be treated

  8  as residency within a City district for the preceding

  9  residency requirement, as long as an individual is a resident

10  of Pembroke Park at the time of qualification for office.

11         2.  They shall have the qualifications of electors in

12  the City and shall be registered to vote in the City.

13         3.  They must continue to reside during their term of

14  office in the respective election district from which they

15  were elected or appointed.

16         (b)  Commissioners shall be disqualified to continue in

17  office in any of the following instances:

18         1.  If a Commissioner ceases to possess any of the

19  qualifications set forth in paragraph (a) and if, after formal

20  notification thereof in writing by the commission, such member

21  fails or refuses to purge himself or herself of the

22  disqualification within 1 week after having received such

23  notification.

24         2.  If a Commissioner is elected or appointed to and

25  assumes any other elected public office.

26         3.  If a Commissioner has been convicted of a crime

27  involving moral turpitude, except such disqualification shall

28  not become effective until all appeals from such conviction

29  have been finally adjudicated, or the time for such appeal has

30  expired, or the member indicates in writing that he or she

31  does not intend to take such an appeal.

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  1         4.  If a Commissioner is absent from four consecutive

  2  regular meetings of the Commission, unless such absences are

  3  excused by the Commission by resolution setting forth the fact

  4  of such excuse, such action to be duly entered upon the

  5  record.

  6         (c)  In the event of the disqualification of a

  7  Commissioner, the Commission shall forthwith, by proper

  8  resolution, declare the existence of a vacancy on the

  9  Commission and shall thereafter proceed to fill the vacancy on

10  the Commission as provided for in this Charter.

11         Section 2.05.  MAYOR.--The Mayor shall preside at the

12  Commission meetings and shall maintain order and decorum,

13  shall be recognized as the official head of the City

14  government for all ceremonial purposes and by the Governor for

15  the purpose of military law, and shall execute all instruments

16  to which the City is a party when directed to do so by the

17  Commission, unless otherwise provided by this Charter or by

18  ordinance, but he or she shall have no regular administrative

19  duties.  The Mayor shall be a member of the Commission, shall

20  vote, and shall have the right to debate on all issues coming

21  before the Commission. The Mayor shall have all the duties,

22  powers, privileges, and obligations possessed and imposed upon

23  a Commission member.

24         Section 2.06.  SELECTION AND TERM OF MAYOR.--The Mayor

25  shall be permitted to reside anywhere within the City and

26  shall be elected at large in accordance with the provisions of

27  this Charter.  The term of office for the Mayor shall be for 2

28  years and until his or her successor is elected and qualified.

29  No individual shall serve more than four consecutive 2-year

30  terms as the Mayor.

31  

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  1         Section 2.07.  QUALIFICATIONS AND DISQUALIFICATIONS OF

  2  MAYOR.--

  3         (a)  The individual holding the office of Mayor shall

  4  have the following qualifications:

  5         1.  He or she shall have been a resident of the City

  6  for at least 6 months immediately preceding taking the office.

  7  Time of residency within the unincorporated portion of South

  8  Central Broward County prior to its incorporation into

  9  Pembroke Park shall be treated as residency within a City

10  district for the preceding residency requirement, as long as

11  he or she is a resident of Pembroke Park at the time of

12  qualification for office.

13         2.  He or she shall have the qualifications of an

14  elector in the City and shall be registered to vote in the

15  City.

16         3.  He or she must continue to reside in the City

17  during the term of his or her office.

18         (b)  An individual serving as Mayor shall be

19  disqualified to continue in the office in any of the following

20  instances:

21         1.  If he or she ceases to possess any of the

22  qualifications set forth in paragraph (a) and, after normal

23  notification in writing by the Commission, fails to purge

24  himself or herself of disqualification within 1 week after

25  having received such notification.

26         2.  If he or she is elected or appointed to and assumes

27  any other elected office.

28         3.  If he or she has been convicted of a crime

29  involving moral turpitude, except such forfeiture shall not

30  become effective until any appeals from such conviction have

31  been fully adjudicated, or the time for such appeals has

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  1  expired, or he or she indicates in writing that he or she does

  2  not intend to take such an appeal.

  3         4.  If he or she is absent from four consecutive

  4  regular meetings of the Commission, unless such absences are

  5  excused by the Commission, by resolution setting forth the

  6  facts of such excuse, such action to be duly entered upon the

  7  record.

  8         (c)  In the event of the disqualification of the Mayor,

  9  the Commission shall, forthwith by proper resolution, declare

10  the existence of a vacancy in the office of Mayor and shall

11  thereafter proceed to fill the vacancy as provided in this

12  Charter.

13         Section 2.08.  VICE MAYOR.--The Commission, at the

14  regularly scheduled meeting in March of each year, shall elect

15  the Vice Mayor by majority vote.  The Vice Mayor shall have

16  the privileges, powers, and duties of the Mayor in the Mayor's

17  absence or disability.

18         In the event of the death, resignation, or removal of

19  the Mayor, the Vice Mayor shall vacate the office of the

20  Commissioner and shall serve as the interim Mayor until a

21  successor is determined in accordance with the provisions of

22  this Charter.

23         Section 2.09.  COMPENSATION AND EXPENSES.--The

24  Commission may determine the annual salary of the Commission

25  members by ordinance. Nothing in this paragraph shall limit

26  the right of any Commissioner to be reimbursed for expenses

27  actually incurred by him or her, with Commission approval,

28  while performing duties on behalf of the City.

29         Section 2.10.  OATH OF OFFICE.--The Mayor and each

30  Commissioner, before entering upon the discharge of the duties

31  

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  1  of his or her office, shall take and subscribe of the

  2  following oath before some judicial officer of the state:

  3         "I do solemnly swear or affirm that I will

  4         support, protect, and defend the Constitution

  5         and Government of the United States and of the

  6         State of Florida and I will bear true faith,

  7         loyalty, and allegiance to the same, and that I

  8         am entitled to hold office under the

  9         Constitution of the United States, the

10         Constitution of the State of Florida, and the

11         Charter and the ordinances of the City of

12         Pembroke Park, and that I will faithfully

13         perform the duties of the office of which I am

14         about to enter. So help me God."

15         Section 2.11.  PROCEDURE FOR FILLING VACANCIES.--

16         (a)  In the event a vacancy occurs on the Commission

17  and no more than 6 months remain in the unexpired term, the

18  vacancy shall be filled by appointment of an individual by a

19  majority vote of the Commission.

20         (b)  In the event a vacancy in the position of Mayor

21  occurs and no more than 6 months remain in the unexpired term

22  of the Mayor, the Vice Mayor shall complete the term of the

23  Mayor. The vacancy thus created on the Commission shall be

24  filled in the manner that the vacancy of a Commissioner is

25  generally filled under the terms of this Charter. The

26  Commission shall then appoint a new Vice Mayor by resolution.

27         (c)  If more than 6 months remain in an unexpired term

28  of the Mayor or a Commissioner, the vacancy shall be filled by

29  special election to be held not sooner than 45 days or more

30  than 90 days following the occurrence of the vacancy, unless

31  there is a city, county, state, or national election scheduled

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  1  to take place on any date within 60 days beyond such 90-day

  2  period, in which case the vacancy shall be filled by special

  3  election on the first such election date.

  4         (d)  In the event that a majority of the members of the

  5  Commission are removed by death, disability, law, or

  6  forfeiture of office, the Governor shall make interim

  7  Commission appointments and the Commission shall call a

  8  special election as provided in paragraph (c) to fill the

  9  vacancies.

10         Section 2.12.  COMMISSION TO BE THE JUDGE OF

11  QUALIFICATIONS OF ITS MEMBERS.--The Commission shall be the

12  judge of the election and qualification of its members and for

13  such purpose shall have the power to subpoena witnesses and

14  require the production of records, but the decision of the

15  Commission in any such case shall be subject to review by the

16  courts.

17         Section 2.13.  MEETINGS OF COMMISSION.--The Commission

18  shall meet at such times and places as may be prescribed by

19  its rules, but not less than once each month, except that the

20  Commission may designate 1 month each year during which no

21  meetings of the Commission are required to be held. All

22  official meetings of the Commission shall be public and all

23  citizens shall have access to the minutes and records thereof

24  at all reasonable times.

25         Section 2.14.  SPECIAL MEETINGS.--The Mayor and any two

26  members of the Commission or the City Manager may call special

27  meetings of the Commission upon at least 24 hours' written

28  notice to each member. The notice shall be served personally

29  or left at the usual place of residence or place of business

30  of the particular individual sought to be notified.  It shall

31  set forth specifically the matter to be considered at such

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  1  meetings and no official action may be taken on any matter not

  2  set forth in the notice.

  3         Section 2.15.  LEGISLATIVE PROCEDURE.--A majority of

  4  all members of the Commission shall constitute a quorum, but a

  5  lesser number may adjourn from day to day and compel the

  6  attendance of absent members in such a manner and under such

  7  penalties as may be prescribed by ordinance. The affirmative

  8  vote of three members shall be necessary to adopt any

  9  ordinance or resolution.

10         Section 2.16.  ORDINANCES AND RESOLUTIONS.--A proposed

11  ordinance or resolution shall be introduced in written or

12  printed form at any regular or special meeting of the

13  Commission and shall embrace but one subject and matters

14  properly connected therewith. The enacting of all ordinances

15  shall be "Be it Enacted by the City of Pembroke Park." A

16  proposed ordinance may be read by title, or in full, on at

17  least 2 separate days and shall, at least 10 days prior to

18  adoption, be noticed once in a newspaper of general

19  circulation in the City of Pembroke Park. The Commission may,

20  by a majority vote, declare an emergency to dispense with the

21  necessity for such readings, and an ordinance may be passed on

22  both readings at the same meeting if, upon the second reading

23  thereof, four affirmative votes are cast in favor of the

24  passage thereof.

25         Every ordinance or resolution shall, upon its final

26  passage, be recorded in a book kept for that purpose, and

27  shall be signed by the Mayor and the City Clerk.

28                           ARTICLE III

29                          ADMINISTRATION

30         Section 3.01.  CITY MANAGER.--The City Manager shall be

31  the administrative head of municipal government under the

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  1  direction and supervision of the Commission. The City Manager

  2  shall be chosen solely on the basis of his or her executive

  3  and administrative qualifications, without regard to his or

  4  her political beliefs, and shall be over the age of 21 years.

  5         Section 3.02.  APPOINTMENT AND COMPENSATION OF CITY

  6  MANAGER.--The Commission shall appoint the City Manager by

  7  resolution approved by a majority of the Commission.  No

  8  Commissioner shall receive such appointment during the term

  9  for which he or she shall have been elected, nor within 1 year

10  after the expiration of his or her term. The City Manager

11  shall receive compensation as the Commission may fix and

12  determine.

13         Section 3.03.  REMOVAL OF THE CITY MANAGER.--The

14  Commission may remove the City Manager by a majority vote of

15  its members. Any removal of the City Manager shall be by two

16  separate votes of the Commission, both of which must receive a

17  majority vote of its members, with an interval of not less

18  than 7 days between each vote.

19         Section 3.04.  POWERS AND DUTIES OF THE CITY

20  MANAGER.--The City Manager shall be responsible to the

21  Commission for the proper administration of all affairs of the

22  City coming under his or her jurisdiction, and to that end,

23  his or her powers are and they shall be to:

24         (a)  Ensure that all laws, ordinances, revisions of

25  this Charter, and acts of the Commission subject to

26  enforcement or administration by him or her are faithfully

27  executed.

28         (b)  Attend all Commission meetings with the right to

29  take part in the discussion, but having no vote.

30  

31  

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  1         (c)  Recommend to the Commission for adoption such

  2  measures as he or she may deem necessary or expedient in the

  3  interest of the City.

  4         (d)  Appoint and, when necessary for the good of the

  5  City, remove any officer or employee of the City, except as

  6  otherwise provided by this Charter, and except that he or she

  7  may authorize the head of a department or office to appoint

  8  and remove subordinates in such department or office.

  9         (e)  Exercise, control, and direct supervision over all

10  departments and divisions of the municipal government.

11         (f)  Advise and consult with all officers and official

12  heads of the several departments of the city relative to the

13  affairs of any such department, and to make recommendations to

14  the Commission respecting such departments as he or she may

15  see fit.

16         (g)  Fix the salary of officers and employees within

17  the scope of the pay scale plan approved by the Commission.

18         (h)  Endorse on all contracts, bonds, and other

19  instruments in writing in which the municipality is interested

20  his or her approval of the substance thereof.

21         (i)  Prepare the budget annually and submit it to the

22  Commission and be responsible for its administration after

23  adoption.

24         (j)  Prepare and submit to the Commission, as of the

25  end of the fiscal year, a complete report on the finances and

26  administrative activities of the municipality for the

27  preceding year.

28         (k)  Keep the Commission fully advised of the financial

29  condition and future needs of the City, and make such

30  recommendations as seem desirable to him or her.

31  

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  1         (l)  Enforce all terms and conditions imposed in favor

  2  of the City or its inhabitants in any public utility franchise

  3  to ensure that they are faithfully kept and performed.

  4         (m)  Purchase supplies, services, materials, and

  5  equipment for the various departments of the City government;

  6  and in such capacity shall have the right to purchase

  7  supplies, services, materials, and equipment for any

  8  department in the City as set forth by ordinance of the

  9  Commission.

10         (n)  Approve or prescribe in written form the internal

11  organization of each department.

12         (o)  Assign and transfer administrative functions,

13  powers, and duties among and within departments in writing.

14         (p)  Perform such other duties as may be prescribed by

15  this Charter or required by ordinance or resolution of the

16  Commission, not inconsistent herewith.

17         Section 3.05.  CITY MANAGER TO MAKE CERTAIN

18  APPOINTMENTS OR REMOVALS.--Neither the Commission nor any of

19  its members shall direct or request the appointment of any

20  person to, or his or her removal from, office by the City

21  Manager or by any of the City Manager's subordinates or in any

22  manner take part in the appointment or removal of officers and

23  employees in any administrative services of the City. Except

24  for the purpose of inquiry, the Commission shall deal with the

25  administrative department solely through the City Manager and

26  neither the Commission nor any member thereof shall give

27  orders or make requests of any subordinates of the City

28  Manager, either publicly or privately.

29         Section 3.06.  ABSENCE OF THE CITY MANAGER.--In the

30  case of the absence or disability of the City Manager for a

31  period of 14 days or less, the City Manager may designate by

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  1  letter to the Commission an Assistant City Manager to perform

  2  the duties of the office. In the case of the absence or

  3  disability of the City Manager for a period in excess of 14

  4  days, the Commission shall designate by resolution an

  5  Assistant City Manager or other qualified person who is

  6  currently employed by the City in a supervisory capacity to

  7  perform the duties of the office.

  8         Section 3.07.  CITY CLERK.--The City Manager shall

  9  appoint an officer of the City who shall have the title of

10  City Clerk. The City Clerk shall receive such compensation as

11  may be fixed by the Commission. The City Clerk shall give

12  notice of meetings of the Commission; shall keep a journal of

13  the proceedings; shall authenticate by his or her signature,

14  and record in full in a book for that purpose, all ordinances

15  and resolutions; shall attest to and/or countersign by his or

16  her signature on all contracts, bonds, and other instruments

17  as required by law; shall perform the duties of registration

18  officer; shall have the power and authority to administer

19  oaths; and shall perform any other duties required by this

20  Charter and as may be assigned by the Commission or the City

21  Manager.

22         Section 3.08.  CITY ATTORNEY.--

23         (a)  The Commission shall appoint by resolution a City

24  Attorney who shall have been admitted to practice in the State

25  of Florida for at least 5 years, with no less than 2 of those

26  years in the practice of law for municipal or county

27  government.

28         (b)  The City Attorney shall act as legal adviser to,

29  and as attorney and counselor for, the municipality and all of

30  its officers in matters relating to their official duties. The

31  City Attorney shall approve all contracts, bonds, leases, and

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  1  other instruments in writing in which the municipality is

  2  concerned, and shall endorse on each his or her approval of

  3  the form and correctness thereof, but failure to do so shall

  4  not affect its validity. When required to do so by the

  5  Commission, the City Attorney shall prosecute and defend, for

  6  and on behalf of the City, all civil complaints, suits, and

  7  controversies in which the City is a party. He or she shall

  8  furnish the Commission, the City Manager, or the head of any

  9  department, board, commission, or agency not included in any

10  department, his or her own opinion on any question of law

11  relating to the respective powers and duties of the person or

12  entity.  In addition to the duties specifically imposed in

13  this section, the City Attorney shall perform such other

14  professional duties as may be required of him or her by

15  ordinance or resolution of the Commission, or as are

16  prescribed for City Attorneys under the general law of the

17  state which are not inconsistent with this Charter and with

18  any ordinance or resolution which may be passed by the

19  Commission.

20         (c)  The compensation of the City Attorney shall be

21  fixed and determined by the Commission.

22         Section 3.09.  DIRECTORS OF DEPARTMENTS.--At the head

23  of each department there shall be an officer of the City who

24  shall have supervision and control of the department and who

25  shall be appointed by, or may be removed by, the City Manager,

26  and who shall be under the City Manager's supervision and

27  control. Except as provided herein, two or more departments

28  may be headed by the same individual. The City Manager may

29  head one or more departments.

30         Section 3.10.  DEPARTMENT OF FINANCE.--

31  

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  1         (a)  The Department of Finance shall be responsible for

  2  the administration of financial affairs of the City. The

  3  Department of Finance shall collect and distribute funds,

  4  maintain a general accounting system for City government and

  5  units thereof, compile fiscal estimates and reports, assist

  6  the City Manager in preparation of budgets, assist the City

  7  Manager in establishing controls for budget administration,

  8  and develop and apply legal and policy provisions applicable

  9  to the financial accounting.

10         (b)  There shall be a Director of Finance who shall be

11  appointed and/or removed by resolution adopted by an

12  affirmative vote of the Commission and who, under the

13  supervision of the City Manager, shall be charged with the

14  administration of the Department of Finance. The Director of

15  Finance shall also act as the City Treasurer. The Director of

16  Finance shall have at a minimum a 4-year college degree with a

17  major in accounting and finance and at least 5 years of

18  experience in municipal accounting, taxation, budgeting, and

19  financial control. The Director of Finance shall furnish a

20  surety bond for the faithful and honest performance of his or

21  her official duties in such amount as the Commission may

22  determine. The cost of such surety bond shall be paid by the

23  City.

24         Section 3.11.  CIVIL SERVICE.--The Commission shall

25  initiate and adopt a program for the establishment of City

26  personnel administration not provided for otherwise, and shall

27  do all things necessary to implement said program. The system

28  of City personnel administration shall govern the employees

29  and certain officers and shall be based on merit principles

30  and scientific methods in order to foster effective career

31  

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  1  service in City employment and to employ those persons best

  2  qualified for City services which they are to perform.

  3         Section 3.12.  PERSONNEL SYSTEM.--All appointments and

  4  promotions of City officials and employees, except those

  5  specifically exempted by ordinance, shall be made solely on

  6  the basis of merit and fitness demonstrated by examination or

  7  other evidence of competence and to this end, the Commission

  8  shall, by ordinance, establish personnel procedures and rules.

  9         Section 3.13.  BUSINESS REPRESENTATIVE TO

10  COMMISSION.--There shall be a Business Representative who

11  shall be an advisor to the Commission on all matters affecting

12  the business community. The Commission shall solicit and

13  consider the advice of the Business Representative on all

14  matters formally considered by the Commission affecting the

15  business community within the City. The Business

16  Representative shall act in an advisory capacity, but may be

17  assigned additional responsibilities and duties as created by

18  the Commission. The Business Representative may attend all

19  Commission meetings with the right to take part in the

20  discussion and shall be seated on the dais along with members

21  of the City Commission, but have no vote. The procedure for

22  selection of the Business Representative and the terms and

23  conditions of the office shall be established by ordinance.

24                            ARTICLE IV

25                            ELECTIONS

26         Section 4.01.  MUNICIPAL ELECTIONS.--The Commission

27  shall, by ordinance, make all regulations necessary or

28  desirable and not inconsistent with this Charter for the

29  conduct of municipal elections and for the prevention of fraud

30  therein.

31  

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  1         Section 4.02.  ELECTORS.--Any person who is a resident

  2  of the City, has qualified as an elector of the state, and

  3  registers to vote in the manner prescribed by law shall be an

  4  elector of the City.

  5         Section 4.03.  NOMINATIONS.--Each candidate seeking

  6  office of Commissioner or Mayor, meeting the qualifications of

  7  section 2.04 or section 2.07, respectively, of this Charter

  8  shall file a notice of candidacy and such other papers as may

  9  be required by law with the City Clerk within the filing

10  period provided by law after paying a filing fee of $50. Such

11  notice shall be filed on forms furnished by the City Clerk and

12  shall be certified by the City Clerk.

13         Section 4.04.  NONPARTISAN ELECTIONS.--All elections

14  for the selection of Commissioners and Mayor shall be

15  nonpartisan. No candidate for office of Commissioner or Mayor

16  shall designate a political party affiliation in his or her

17  campaign. A violation of this section shall render the

18  candidate's election to the Commission or as Mayor null and

19  void, and such vacancies shall be filled in accordance with

20  the provisions of the Charter.

21         Section 4.05.  ELECTION DATES.--A general election

22  shall be held in each odd-numbered year, on the first Tuesday

23  in March. A runoff election, if necessary, shall be held on

24  the third Tuesday in March.

25         Section 4.06.  GENERAL ELECTION.--The ballot for the

26  general election shall contain the names of all qualified

27  candidates for Mayor and for each of the Commission seats

28  which are to be filled as a result of the Commissioner's term

29  expiring, and shall instruct electors to cast one vote for

30  Mayor and one vote for Commissioner for each district subject

31  to election. If any candidate for Mayor receives a number of

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  1  votes greater than 50 percent of the total number of ballots

  2  cast for Mayor, such candidate shall be duly elected Mayor,

  3  and no runoff election for Mayor shall be required.  If any

  4  candidate for a Commission seat receives a number of votes

  5  greater than 50 percent of the total number of ballots cast in

  6  the corresponding district, such candidate shall be duly

  7  elected to the Commission and no runoff election for that

  8  Commission seat shall be required.

  9         Section 4.07.  RUNOFF ELECTION.--There shall be a

10  runoff election for a particular elected office if none of the

11  candidates for that particular elected office receive more

12  than 50 percent of the votes cast for that office in the

13  general or special election. The ballot for the runoff

14  election shall contain the names of the two candidates for

15  Mayor, if applicable, and the names of the two candidates for

16  each Commission seat, if applicable, who received the highest

17  number of votes in the general or special election. The ballot

18  shall instruct electors to cast one vote for Mayor, if

19  applicable, and to cast one vote for Commissioner for each

20  district subject to election. The candidate for Mayor

21  receiving the highest number of votes cast shall be the duly

22  elected Mayor. The candidate for each Commission seat

23  receiving the highest number of votes cast in their respective

24  districts shall be duly elected to that Commission seat.

25         Section 4.08.  SPECIAL ELECTIONS.--Special elections,

26  when required, shall be scheduled by the Commission at such

27  times and in such a manner as shall be consistent with this

28  Charter. Conduct of the election shall be the same as regular

29  municipal elections.

30         Section 4.09.  SINGLE CANDIDATE.--No election for Mayor

31  or a Commission seat shall be required in any election if

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  1  there is only one duly qualified candidate for Mayor or for

  2  the Commission seat.

  3         Section 4.10.  CANDIDATE LIMITED TO ONE OFFICE.--No

  4  individual may be a candidate for both Commissioner and Mayor

  5  in the same election.

  6         Section 4.11.  ELECTIONS GOVERNED BY STATE LAW OR

  7  ORDINANCE.--Except as herein specifically provided, all

  8  elections in the City shall be conducted substantially on the

  9  principles governing state elections, or as the Commission

10  shall prescribe by ordinance.

11         Section 4.12.  ABSENTEE VOTING.--Absentee voting shall

12  be permitted in all elections as provided by chapter 101,

13  Florida Statutes, as amended, and under certain conditions and

14  regulations as may be adopted by ordinance of the Commission.

15         Section 4.13.  CANVAS OF ELECTION RETURNS.--The result

16  of election voting, when ascertained, shall be submitted to

17  the City Clerk by the Supervisor of Elections of Broward

18  County. Said returns shall be submitted by the City Clerk to

19  the Commission at the next Commission meeting following said

20  election, at which time the Commission shall certify the

21  results of the election by resolution. The City Clerk shall,

22  after the certification of said election, furnish a

23  Certificate of Election to each person shown to have been

24  elected.

25         Section 4.14.  ADVERTISING FOR ELECTIONS.--The City

26  Clerk shall cause to be published in a newspaper of general

27  circulation in the City a notice of any primary, general,

28  runoff, or special election containing the date of election,

29  office or offices to be filled, or question at issue. Such

30  notice shall be published at least 15 days prior to an

31  election and again at least 1 day before an election.

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  1                            ARTICLE V

  2                       CHARTER REVIEW BOARD

  3         Section 5.01.  CHARTER REVIEW BOARD.--There shall be an

  4  impartial and independent advisory board which will be known

  5  as the Charter Review Board appointed by the members of the

  6  Commission by April 2004, and at least every 5 years

  7  thereafter. Each Commissioner and the Mayor shall select two

  8  members to the Charter Review Board. Any vacancy on the board

  9  shall be filled by the appointing member of the Commission or

10  Mayor for the remainder of the Board member's unexpired term.

11         Section 5.02.  QUALIFICATIONS AND TERM FOR THE CHARTER

12  REVIEW BOARD.--Each member of the Charter Review Board shall

13  be a qualified elector of the City of Pembroke Park and shall

14  have resided in the City of Pembroke Park, for a period of not

15  less than 6 months prior to his or her appointment. Time of

16  residency within the unincorporated portion of South Central

17  Broward County prior to its incorporation into Pembroke Park

18  shall be treated as residency within a City district for the

19  preceding residency requirement, as long as an individual is a

20  resident of Pembroke Park at the time of qualification for

21  office.

22         The terms of the members shall commence upon their

23  appointment and shall terminate upon the acceptance by the

24  Commission of the Board's report.

25         Section 5.03.  DUTIES AND FUNCTIONS.--The Charter

26  Review Board shall be empowered to conduct a comprehensive

27  study of all phases of the Charter with the exception of

28  district boundaries. The Board shall prepare a recommendation

29  to the Commission as to proposed amendments to the Charter and

30  shall submit its recommendation to the Commission as to

31  proposed amendments to the Charter and shall submit its report

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  1  of recommendations to the Commission within 180 days from the

  2  date of appointment of the board.

  3         In the event that the Charter Review Board fails to

  4  submit its report to the Commission within 180 days from the

  5  appointment of the Board, the Commission may submit for

  6  referendum amendments to the Charter without the

  7  recommendation of the Charter Review Board.

  8         Section 5.04.  EXPENSE FUND.--The Commission shall

  9  provide sufficient funds for reasonable and necessary expenses

10  to be incurred by the Board in the performance of its duties.

11  The City Manager shall provide such administrative staff and

12  clerical personnel as may be necessary to assist the Board in

13  the proper performance of its duties and functions.

14         Section 5.05.  ORGANIZATION.--The Board members shall

15  convene within 30 days after their appointment and elect a

16  chair and such other officers as may be deemed necessary, who

17  shall serve at the pleasure of the Board. All meetings of the

18  Board shall be open to the public. No action shall be taken by

19  the Board to recommend an amendment to the Charter except by

20  majority vote of the entire membership. The rules of procedure

21  adopted by the Board shall be filed by the City Clerk.

22         Section 5.06.  FORFEITURE OF OFFICE.--A Charter Review

23  Board member shall forfeit the office if said person:

24         (a)  Lacks any qualification for the office prescribed

25  by this Article or other applicable law including section

26  100.361, Florida Statutes, as amended;

27         (b)  Is convicted of a felony while in office; or

28         (c)  Fails to attend four consecutive regular meetings

29  of the Charter Review Board, unless such absences are excused

30  by the Board by a motion setting forth the reason for the

31  absence duly entered upon the minutes.

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  1                            Article VI

  2                        ELECTOR INITIATIVE

  3         Section 6.01.  ESTABLISHMENT OF ELECTOR INITIATIVE.--

  4         (a)  The electors shall have the power at their option

  5  to propose ordinances, except ordinances regarding the budget,

  6  capital programs, appropriation of money, levy of taxes and

  7  salaries of officers and employees, emergency ordinances, or

  8  election district boundaries, and to adopt the same at the

  9  polls, such power being known as elector initiative.

10         (b)  A petition meeting the requirements hereinafter

11  provided and requesting the Commission to pass an ordinance

12  therein set forth or designated shall be termed an elector

13  initiative petition and shall be acted upon as hereinafter

14  provided.

15         Section 6.02.  PETITIONS; REQUIREMENTS; FILING.--

16         (a)  Signatures to elector initiative petitions need

17  not all be on one piece of paper, but the circulator of every

18  such petition shall make an affidavit that each signature

19  appended to the petition is the genuine signature of the

20  person whose name it purports to be, which affidavit shall be

21  substantially in the following form:

22         STATE OF FLORIDA

23         COUNTY OF BROWARD, ss

24         ______________being duly sworn, deposes and says that

25  he/she is the circulator of the foregoing elector initiative

26  petition containing __________________signatures, and that the

27  signatures appended thereto were made in his/her presence and

28  are the signatures of the persons whose names they purport to

29  be.

30                             Signed_____________________________

31  

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  1  Subscribed to me and sworn to before me this _________day of

  2  __________________

  3  

  4                           _____________________________________

  5                           Notary Public

  6         (b)  With each signature shall be stated the place of

  7  residence of the signer, giving the street number or other

  8  description sufficient to identify the residence location.

  9         (c)  All such papers pertaining to any one measure

10  shall have written or printed thereon the names and addresses

11  of at least five registered voters who shall constitute a

12  committee of the petitioners for the purposes hereinafter

13  named.

14         (d)  All such elector initiative petition papers shall

15  be filed in the office of the City Clerk.

16         Section 6.03.  PROCEDURE WHEN INSUFFICIENT.--

17         (a)  Within 20 days after the filing of the petition,

18  the City Clerk shall certify on the petition the number of

19  registered voters whose signatures are appended thereto and

20  whether this number is at least 30 percent of the total number

21  of registered voters in the City as shown by the county voter

22  registration books.

23         (b)  If by the City Clerk's certificate, the number of

24  signers is shown to be insufficient, such notice in writing

25  shall be given to the committee of petitioners. The petition

26  may be amended within 10 days from that date of such

27  certificate by filing supplementary petition papers with the

28  additional signatures required.

29         (c)  The City Clerk shall, within 10 days after filing

30  the supplementary petition papers, certify on the amended

31  petition whether the number of signers to both the petition

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  1  and the amended petition is sufficient or insufficient. If it

  2  is insufficient, the City Clerk shall notify each member of

  3  the committee of petitioners in writing of that fact.

  4         (d)  The final finding of the insufficiency of a

  5  petition shall not prejudice the filing of a new petition for

  6  the same purpose.

  7         Section 6.04.  SUBMISSION TO COMMISSION.--

  8         (a)  If the City Clerk's certificate shows the number

  9  of signers to be sufficient, the City Clerk shall submit the

10  proposed measure to the Commission at its next meeting.

11         (b)  Upon receiving the proposed measure, the

12  Commission shall proceed to consider it and shall take a final

13  action thereon within 90 days from the date it is submitted to

14  the Commission.

15         Section 6.05.  DATE OF ELECTION.--

16         (a)  If the Commission shall fail to pass the proposed

17  measure or shall pass it in a form different than set forth in

18  the elector initiative petition, then the measure shall be

19  submitted by the Commission to the vote of the electors at the

20  next municipal election if one is to be held not less than 90

21  days and not later than 120 days after the date of final

22  action by the Commission.

23         (b)  If no election is to be held as provided by

24  subsection (a), then the commission shall call a special

25  election to be held not less than 90 days nor more than 120

26  days from the date of final action by the Commission.

27         (c)  When submitted to a vote of the electors, the

28  measure shall be in the form set forth in section 6.06.

29         Section 6.06.  FORM OF BALLOT; EFFECTIVE UPON ADOPTION

30  BY MAJORITY PARTICIPATING.--

31  

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  1         (a)  The ballots used when voting upon any such

  2  proposed measure shall state the substance thereof, and below

  3  it the two alternatives: "For the measure" and "Against the

  4  measure."

  5         (b)  If a majority of the electors voting on any such

  6  measure shall vote in favor thereof, it shall thereupon become

  7  an ordinance of the City.

  8         Section 6.07.  EFFECT OF MEASURE ADOPTED BY COMMISSION

  9  IN DIFFERENT FORM.--When a measure proposed by elector

10  initiative petition is passed by the Commission in a different

11  form from the measure contained in the petition, and it is to

12  be submitted to a vote of the electors, the measure passed by

13  the Commission shall not take effect until after such vote. If

14  the measure so submitted is approved by a majority of the

15  electors voting thereon, it shall thereupon become an

16  ordinance of the City, and the measure as passed by the

17  Commission shall be deemed repealed.

18         Section 6.08.  NUMBER OF MEASURES AT SAME

19  ELECTION.--Any number of measures may be voted upon at the

20  same election in accordance with the provisions of this

21  Charter.

22                           ARTICLE VII

23                        GENERAL PROVISIONS

24         Section 7.01.  PRESERVATION OF MOBILE HOME

25  COMMUNITIES.--

26         (a)  Mobile home communities provide a unique living

27  environment which is enjoyed by numerous residents in the

28  City. It is the intention of the City residents that the

29  mobile home communities shall continue to exist under the

30  current zoning regulations. No amendment to the City

31  Ordinances that changes the actual zoning map designation of a

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  1  parcel or parcels of land or that changes the actual list of

  2  permitted, conditional, or prohibited uses within the T-1

  3  Mobile Home Park Zoning District shall become effective unless

  4  the amendment shall be approved by 99 percent of the electors

  5  in the City voting in an election called for the purpose of

  6  amending the T-1 Mobile Home Park Zoning District.

  7         (b)  Notwithstanding the foregoing conditions for

  8  amendment of the T-1 Mobile Home Park Zoning District, this

  9  section shall not restrict the owner of real property located

10  within the T-1 Mobile Home Park Zoning District from

11  requesting that the zoning classification of the owner's

12  property be changed to a zoning classification other than T-1

13  Mobile Home Park Zoning District.

14         Section 7.02. ADVISORY BOARDS.--

15         (a)  The Commission may by resolution appoint advisory

16  boards, the members of which shall be residents of the City of

17  Pembroke Park who are qualified to act in an advisory capacity

18  to the Commission, the City Manager, or any department of the

19  City with respect to the conduct and management of property or

20  institution or the exercise of any public functions of the

21  City of Pembroke Park. The Commission shall determine the

22  purpose and functions of the advisory boards, the number of

23  members of each advisory board, the terms of office of the

24  advisory board members, and such other administrative matters

25  by ordinance.  The members of such boards shall serve without

26  compensation and it shall be the duty of such boards to make

27  written recommendations to the Commission from time to time.

28  Members of all boards shall be subject to removal for cause by

29  the Commission after a hearing before the Commission.

30         (b)  Paid City employees and elected officials of any

31  public jurisdiction shall not be eligible for membership on

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  1  any City advisory board unless provision for such membership

  2  is provided in the enabling legislation of said board.  No

  3  person may serve on more than one board at the same time.

  4         Section 7.03.  GRANTING OF FRANCHISES.--The Commission

  5  may by ordinance grant franchises of all kinds, to any

  6  individual, firm, or corporation, for the use of City streets,

  7  waters, and waterways, and recreational facilities, lands, and

  8  ways, but no such franchise shall be granted for more than 15

  9  years, nor shall it be exclusive. Such franchises may be

10  renewed for additional periods at the expiration date, if the

11  same procedure is followed as is required for new franchises.

12  No such franchise or renewal shall be assigned except by

13  consent and approval of the Commission.

14         Section 7.04.  FRANCHISE NOTICE AND PUBLIC

15  HEARING.--Before any such franchise is granted, there shall be

16  a public hearing after notice has been published once in a

17  newspaper of general circulation in the City of Pembroke Park,

18  not less than 5 days prior to the hearing.

19         Section 7.05.  GENERAL PROVISIONS OF

20  FRANCHISE.--Nothing contained in this Charter shall in any way

21  limit the Commission in the exercise of any of its lawful

22  powers with respect to public utilities or other franchises,

23  or prohibit the Commission from imposing in any such franchise

24  grant restrictions and provisions as it deems to be in the

25  public interest, provided they are not inconsistent with the

26  provisions of this Charter or the Constitution of the State of

27  Florida.

28         Section 7.06.  COMPETITIVE BID REQUIREMENT.--

29         (a)  Except as otherwise provided by law, all contracts

30  for public improvements and purchases of supplies, materials,

31  or services shall be awarded or made on the basis of clearly

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  1  drawn specifications and competitive bids or proposals, except

  2  in cases where the Commission specifically determines that it

  3  is impractical to do so by the affirmative vote of four

  4  Commissioners.

  5         (b)  The Commission shall establish by ordinance the

  6  procedure for notice of competitive bids or proposals, the

  7  receipt and opening of said competitive bids or proposals, and

  8  the awarding of the contracts related thereto.

  9         Section 7.07.  SALE OF PUBLIC PROPERTY.--

10         (a)  The City of Pembroke Park is empowered to sell,

11  trade, exchange, or otherwise dispose of any lands,

12  improvements, public buildings, or other lands now owned or

13  hereafter acquired by the City under the terms set forth in

14  this section.

15         (b)  Before any lands, the title to which is vested in

16  the City of Pembroke Park, shall be sold, traded, exchanged,

17  or otherwise disposed of, the Commission shall adopt a

18  resolution at a regular or special meeting of the Commission

19  particularly describing the land by legal description,

20  reference to a recorded plan or government survey, its

21  location by street number, if there be any, and the

22  description of all improvements located upon the land, and

23  shall declare how said land has been used since same has

24  belonged to the City, why it is no longer needed for public

25  purposes, and that the City does declare same surplus and

26  desires to sell the same.  The resolution must be approved by

27  four members of the Commission. The provisions of this section

28  shall not apply to vacations of streets, alleys, or utility

29  easements.

30         (c)  At any time not less than 30 days, nor more than

31  60 days, after the adoption of such resolution, the land shall

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  1  be offered for sale to the public and a notice shall be

  2  published in a newspaper of general circulation in the City

  3  two times before the date of sale, with the first publication

  4  not less than 15 days before the date of sale, and the second

  5  publication 1 week after the first publication, setting forth

  6  on which date sale bids shall be received and protests heard.

  7  Each sealed bid shall be accompanied by a cashier's check or

  8  certified check payable to the City in an amount equal to 10

  9  percent of the bid price. The City shall sell the property for

10  cash or other property of equal value, to the highest and best

11  bidder if a sale is made, but the City may reject any and all

12  bids.

13         (d)  During a period of not less than 30 days, nor more

14  than 60 days between the adoption of the resolution and the

15  date of sale, taxpayers and registered electors of the City

16  may protest or object to the sale or propose other public uses

17  for said property, and the Commission may rescind its former

18  action and repeal the resolution declaring the property not

19  needed for public use, if it deems same expedient and proper.

20  If before the date of the proposed sale, a petition is filed

21  with the City Clerk signed by 15 percent of the registered

22  electors of the City objecting to said sale, no such sale

23  shall be made until the sale of said property has been

24  approved by a majority of the electors voting at a special

25  election, which election shall be called by the Commission by

26  resolution, and at said election only the registered electors

27  of the City of Pembroke Park shall be permitted to vote.

28         (e)  In any deed of conveyance the Commission may place

29  such conditions, limitations, and restrictions on the use of

30  such property by the purchasers as the Commission shall deem

31  proper.

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  1         (f)  Any property designated as a park or recreational

  2  facility shall be disposed of only after said disposal shall

  3  be approved by the majority of votes in an election called for

  4  the purpose of approving the disposition of said parcel or

  5  parcels. The park or recreational facility may be disposed of

  6  in accordance with the procedures set forth in paragraph (c)

  7  after approval by a majority of the voters.

  8         (g)  All confiscated, unclaimed, or abandoned personal

  9  property coming into the possession of the City, or any

10  personal property owned by the City which has become obsolete

11  or which has outlived its usefulness, or which has become

12  inadequate for public purposes for which it was intended shall

13  be disposed of by public auction, open competitive bidding,

14  direct sale, trade, or gift as set forth by ordinance of the

15  Commission.

16         Section 7.08.  LEASES OF PUBLIC PROPERTY.--The City of

17  Pembroke Park is hereby authorized and empowered to lease any

18  lands, improvements, public buildings, recreational parks or

19  facilities, or property of the City to any person, firm, or

20  corporation for a period not to exceed 5 years after said

21  lease has been authorized by a duly enacted ordinance of the

22  Commission. Any lease of lands, improvements, public

23  buildings, recreational parks and facilities, or property of

24  the City for a period in excess of 5 years shall require

25  approval by a majority of the electors of the City voting in

26  an election called for the purposes of approving the terms of

27  said lease.

28         Section 7.09.  INDEPENDENT ANNUAL AUDIT.--Prior to the

29  end of each fiscal year, the Commission shall designate a

30  certified public accountant or certified public accountants

31  who, as of the end of the fiscal year, shall make an

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  1  independent audit of accounts and other evidences of financial

  2  transactions of the City government and shall submit their

  3  report to the Commission and City Manager. Such accountant

  4  shall have no personal interest, direct or indirect, in the

  5  fiscal affairs of the City government or any of its officers.

  6  The auditors shall not maintain any accounts or records of the

  7  City business, but, within the specifications approved by the

  8  Commission, shall audit the books and accounts kept by the

  9  City of Pembroke Park.

10         Section 7.10.  SEVERABILITY CLAUSE.--If any section or

11  part of a section of this Charter shall be held invalid by a

12  court of competent jurisdiction, such holding shall not affect

13  the remainder of this Charter, nor the context in which such

14  section or part of a section so held invalid may appear,

15  except that an entire section or part of a section may be

16  inseparably connected in meaning and effect with the section

17  or part of a section to which such holding shall directly

18  apply.

19         Section 7.11.  EFFECTIVE DATE.--This Charter shall take

20  effect on September 15, 2002.

21         Section 6.  The Charter of the City of Pembroke Park as

22  hereinbefore set out shall take effect on September 15, 2002,

23  except that if a majority of the voters voting in the special

24  election of November 6, 2001, vote for annexation in the City

25  of Pembroke Park in phases as provided in section 2, sections

26  2.02 and 2.03 of the Charter of the City of Pembroke Park

27  shall read as follows:

28         A.  Section 2.02.  DISTRICTS.--For the purpose of

29  representation upon and election of the Commissioners, the

30  City of Pembroke Park Commission shall, by ordinance, prior to

31  December 1, 2002, and December 1, 2004, apportion the City in

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  1  accordance with the Constitutions of the State of Florida and

  2  of the United States into four consecutively numbered

  3  districts.  Thereafter, by subsequently enacted ordinances,

  4  the City of Pembroke Park Commission shall adjust the boundary

  5  lines of said districts as may be required from time to time

  6  in order that the apportionment of the City shall continue to

  7  be in accordance with the Constitutions of the State of

  8  Florida and of the United States, but in any event not less

  9  frequently than within the first calendar year following each

10  decennial census.

11         B.  Section 2.03.  NUMBER, SELECTION, AND TERMS OF

12  COMMISSIONERS; INITIAL TERM OF COMMISSIONERS.--

13         (a)  The Commission shall consist of four Commissioners

14  and a Mayor, with one Commissioner elected for each of the

15  four districts by vote of the electors residing and qualified

16  within the City.  The Commissioners shall be elected for a

17  period of 2 years, beginning in March 2005, or until their

18  successors are elected and qualified.

19         (b)  In order to provide for staggered terms of office

20  for the Commissioners, at the municipal election to be held in

21  March 2005, the Commissioners from Districts 1 and 3 shall be

22  elected for a term of 4 years and the Commissioners from

23  Districts 2 and 4 shall be elected for a term of 2 years.  In

24  subsequent elections, all Commissioners shall be elected for

25  4-year terms to fill seats as terms expire in the respective

26  districts.

27         (c)  No individual shall serve as Commissioner for more

28  than two consecutive four 4-year terms in office.  This

29  provision shall be prospective and not retroactive, and shall

30  not take into account the present or past terms of elected

31  Commissioners from the Town of Pembroke Park.

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  1         Section 7.  All public roads and the public

  2  rights-of-way associated therewith, lying within the limits of

  3  the lands subject to annexation herein, as described in

  4  section 1, are transferred from the jurisdiction of Broward

  5  County to the jurisdiction of the annexing municipality.

  6         Section 8.  Upon annexation into the City of Pembroke

  7  Park, the following shall govern the unincorporated areas

  8  described in this act as to South Central Broward County:

  9         (1)  The present land use designation and zoning

10  provided for under the Broward County Comprehensive Plan and

11  Code of Ordinances of Broward County shall remain the law

12  governing the areas provided for in this act.  The land use

13  designation and zoning of Broward County shall be deemed

14  conforming law.

15         (2)  Any change of designated land use or zoning shall

16  be accomplished by enactment of the vote of the majority of

17  the full governing body of the municipality plus one.

18         (3)  Notwithstanding subsections (1) and (2), any use,

19  building, or structure that is legally in existence at the

20  time that the unincorporated lands become a part of the

21  municipality, said use shall not be made a prohibited use by

22  the municipality, on the property of said use, for as long as

23  the use shall continue and not be voluntarily abandoned.

24         Section 9.  Subsequent to the effective date of this

25  act, no annexation by any municipality shall be effective

26  within the area described in this act as South Central Broward

27  County.

28         Section 10.  This act shall take precedence over all

29  other prior enacted law.

30         Section 11.  The original charter of the Town of

31  Pembroke Pines, and all acts amendatory thereof are repealed.

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  1         Section 12.  This act shall take effect only upon its

  2  approval by a majority vote of those qualified electors of the

  3  unincorporated area within South Central Broward County as

  4  described in this act voting in referendum election to be

  5  called by the Board of County Commissioners of Broward County

  6  and to be held on November 6, 2001, in accordance with the

  7  provisions of law relating to elections currently in force,

  8  except that this section shall take effect upon becoming a

  9  law.

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