HB 1491

1	A bill to be entitled
2	An act relating to Broward County; creating the charter of
3	the City of West Park; providing for the corporate name
4	and purpose of the charter; establishing form of
5	government and territorial boundaries of the municipality;
6	providing powers of the municipality and of certain
7	officers; providing for election and terms of office of a
8	city commission, including the mayor and vice mayor, and
9	providing for qualifications, powers, and duties of and
10	restrictions on its membership; establishing circumstances
11	which create vacancies in office and providing for filling
12	vacancies and for forfeiture and recall; providing a
13	procedure for establishing compensation and expense
14	reimbursement for the mayor and city commission; providing
15	for rules of procedure; providing for a city
16	administrator, city clerk, and city attorney and powers
17	and duties of each; providing restrictions on expenditure
18	of city funds; authorizing establishment of city boards
19	and agencies; providing for commission meetings,
20	procedural rules, and recordkeeping and voting at
21	meetings; providing for emergency ordinances; providing
22	for budget requirements, adoption, and amendment and
23	establishing a fiscal year; providing procedures for
24	authentication, recording, and disposition of ordinances,
25	resolutions, and charter amendments; establishing the
26	right to determine, order, levy, assess, and collect
27	taxes; providing for borrowing by the city; providing for
28	an annual independent audit; providing for quasi-judicial
29	procedures; establishing election requirements and
30	guidelines; providing for charter amendments and review;
31	providing for severability; providing for standards of
32	conduct; providing for a personnel system; providing
33	requirements for charitable contributions; providing for
34	transition, including a referendum on incorporation and
35	alternate manners of elections for the city commission,
36	initial election and terms, and date of creation and
37	establishment of the municipality; providing for interim
38	adoption of codes and ordinances and taxes and fees;
39	providing for payment of certain revenues and for
40	transitional ordinances and resolutions; entitling the
41	city to state shared and local option gas tax revenues;
42	providing for the sharing of certain revenues; providing
43	for precedence of the provisions of this act over
44	conflicting provisions of other laws; providing for a
45	referendum for the merger of the Town of Pembroke Park
46	into the City of West Park in November 2014; providing an
47	effective date.
48
49	Be It Enacted by the Legislature of the State of Florida:
50
51	Section 1.  Corporate existence; form of government;
52	boundary and powers.--
53	(1)  CORPORATE EXISTENCE.--In order to preserve, protect,
54	and enhance the quality of life and residential character of
55	West Park, a municipal corporation known as the City of West
56	Park (the "city") is hereby created pursuant to the Constitution
57	of the State of Florida (the "State"). The corporate existence
58	of the city shall commence upon the adoption of this charter by
59	the electorate pursuant to section 9(1) of this charter.
60	(2)  FORM OF GOVERNMENT.--The city shall have a
61	"commission-administrator" form of government.
62	(3)  CORPORATE BOUNDARY.--
63
64	A portion of Sections 29 and 30, Township 51 South, Range
65	42 East, Broward County, Florida, described as follows:
66
67	Beginning  at a point on the South line of said Section
68	30, said  point being 535.00 feet Westerly of the
69	Southeast corner of said Section 30, as measured along
70	said South line;
71
72	Thence along the municipal boundary of the Town of
73	Pembroke Park, as established by Chapter 63-1772, Laws of
74	Florida, the following 23 courses and distances;
75
76	Thence Northerly a distance of 50 feet to the Southwest
77	corner of Tract ?N? of a subdivision known as ?LAKE
78	FOREST  SECTION  3", as recorded in Plat Book 35, Page
79	15, of the Public Records of Broward County, Florida;
80
81	Thence continue Northerly along the West boundary of said
82	Tract ?N? to the Northwest corner of said Tract ?N?;
83
84	Thence continue Northerly a distance of 25 feet to the
85	centerline of  Lime Tree Concourse which is a dedicated
86	street of the subdivision of said ?LAKE  FOREST  SECTION
87	3?;
88
89	Thence Easterly along the centerline of said  Lime Tree
90	Concourse to the point of  intersection of the said
91	centerline with the East boundary of the Southeast One-
92	Quarter (SE 1/4) of said Section 30;
93
94	Thence continue Easterly along said centerline a distance
95	of 305.10 feet;
96
97	Thence Southerly to the Northeasterly corner of  Tract
98	?O? of said subdivision of  ?LAKE  FOREST  SECTION  3";
99
100	Thence continue Southerly on a bearing of South 00E15'07"
101	East a distance of 100 feet, to a point;
102
103	Thence Easterly a distance of 80.64 feet on a bearing of
104	North 82E30'53" East to the Northwesterly corner of Lot
105	4, Block 21 of said subdivision of ?LAKE FOREST SECTION
106	3";
107
108	Thence Southerly along the Westerly lines of  Lots 4, 5,
109	and 6 of said  Block 21 a distance of 246 feet to the
110	Northwest corner of Lot 33 of said Block 21;
111
112	Thence Southerly along the West line of Lot 33 of said
113	Block 21 a distance of 145 feet to the Southwest corner
114	of said Lot 33;
115
116	Thence  Easterly  along  the South boundaries of  Blocks
117	21 and 31 to  the Southeast  corner of Block 31 of said
118	subdivision of ?LAKE  FOREST  SECTION  3";
119
120	Thence continue Easterly along a projection of the South
121	boundary of said Block 31 a distance of 800 feet to a
122	point on the East boundary of the Southwest One-Quarter
123	(SW 1/4) of said Section 29;
124
125	Thence run Northerly and along the West boundary of the
126	Southeast One-Quarter (SE 1/4) of said Section 29 to the
127	Northwest corner of said Southeast One-Quarter (SE 1/4)
128	of said Section 29;
129
130	Thence continue Northerly along the West boundary of the
131	Northeast One-Quarter (NE 1/4) of said Section 29 to a
132	point 265 feet South of the Northeast corner of the South
133	One-Half (S ?) of the Northwest One-Quarter (NW 1/4) of
134	said Section 29;
135
136	Thence Westerly along the North boundary of Lot 21, Block
137	37 of the subdivision of ?LAKE FOREST  SECTION  4", as
138	recorded  in  Plat  Book  43, Page 45, of the  Public
139	Records of Broward County, Florida, to the Northwest
140	corner of said Lot 21;
141
142	Thence continue Westerly to the Southeast corner of Tract
143	?R?, Block 40 of said subdivision of ?LAKE  FOREST
144	SECTION  4";
145
146	Thence continue Westerly along the South boundaries of
147	said Tract ?R? and the South boundary of Tract ?RA? of
148	said subdivision of ?LAKE  FOREST  SECTION  4" to the
149	Southwest corner of said Tract ?RA?;
150
151	Thence  Northwesterly along  the South  boundary of  said
152	Tract ?RA? to the Southeast corner of Lot 29A of said
153	Block 40;
154
155	Thence continue Westerly along the South boundary of said
156	Block 40 and along the South boundary of  Block 50 of
157	said  subdivision of  ?LAKE  FOREST  SECTION  4" to the
158	Southwest corner of Lot 28 of said Block 50;
159
160	Thence Southerly to the Southeast corner of Tract ?Q? of
161	said subdivision of ?LAKE FOREST SECTION  4?;
162
163	Thence Westerly to the Northwest corner of  Lot 36, of
164	said Block 50;
165
166	Thence Southerly to the Southwest corner of said Lot 36;
167
168	Thence Westerly along the South boundary of said Tract
169	?Q? and the extension thereof for a distance of 171.53
170	feet to a point on the West boundary of the Northeast
171	One-Quarter (NE 1/4) of said Section 30 said point also
172	being on the municipal boundary of the Town of Pembroke
173	Park, as established  by  Chapter 70-878, Laws of
174	Florida;
175
176	Thence Southerly along said municipal boundary and the
177	East line of the West One-Half (W ?) of said Section 30
178	to the Southwest corner of the Southeast One-Quarter (SE
179	1/4) of said Section 30;
180
181	Thence Easterly along the South line of said Section 30
182	to the POINT  OF  BEGINNING.
183
184	TOGETHER WITH
185
186	A portion of Sections 24 and 25, Township 51 South, Range
187	41 East, and Sections 19, 29 and 30, Township 51 South,
188	Range 42 East, Broward County, Florida, described as
189	follows:
190
191	BEGINNING  at the Northeast corner of the South One-Half
192	(S ?) of said Section 19, also being a point on the
193	municipal boundary of the City of Hollywood, as
194	established by Chapter 59-1369, Laws of Florida;
195
196	Thence Westerly along the North line of said  South One-
197	Half (S ?) to the East line of the Southwest One-Quarter
198	(SW 1/4) of the Northwest One-Quarter (NW 1/4) of said
199	Section 19, also being a point on the municipal boundary
200	of the City of Hollywood, as established by Chapter 63-
201	1426, Laws of Florida;
202
203	Thence continue Westerly along said North line, along the
204	North line of the Southeast One-Quarter (SE 1/4) of said
205	Section 24 and along said municipal boundary to the West
206	line of the Northeast One-Quarter (NE 1/4) of the
207	Southeast One-Quarter (SE 1/4) of said Section 24;
208
209	Thence continue along said municipal boundary to the
210	centerline of right of way of Southwest 17 Street
211	(Pembroke Road);
212
213	Thence continue along said municipal  boundary and along
214	said centerline to a point on the centerline of  State
215	Road No. 7 (U.S. 441) also known as Southwest 60 Avenue,
216	said point also being on the municipal boundary of the
217	City of Miramar, as established by Ordinance No. 72-14 of
218	the City of Miramar;
219
220	Thence Southerly along said centerline and said municipal
221	boundary over and across said Sections 24 and 25 to a
222	point of intersection with the South line of said Section
223	25;
224
225	Thence Easterly along said South line to the East line of
226	said Section 25 and a point on the municipal boundary of
227	the Town of Pembroke Park, as established by Chapter 70-
228	878, Laws of Florida;
229
230	Thence along said municipal boundary the following 6
231	courses;
232
233	Thence Northerly along  said  East  line  to the
234	Southwest  corner of the  Northwest  One-Quarter (NW 1/4)
235	of  the Southwest One-Quarter (SW 1/4) of the Southwest
236	One-Quarter (SW 1/4) of said Section 30;
237
238	Thence Easterly along said South line to the Southeast
239	corner of the Northwest One-Quarter (NW 1/4) of the
240	Southwest One-Quarter (SW 1/4) of the Southwest One-
241	Quarter (SW 1/4) of said Section 30;
242
243	Thence Northerly along the West line of the East Three-
244	Quarters (E 3/4) of the Southwest One-Quarter (SW 1/4) of
245	said Section 30 to the Northeast corner of the South One-
246	Half (S ?) of the Southwest One-Quarter (SW 1/4) of the
247	Northwest One-Quarter (NW 1/4) of the Southwest One-
248	Quarter (SW 1/4) of said Section 30;
249
250	Thence Westerly along the North  line of said  South
251	One-Half (S ?) to the West line of said Section 30;
252
253	Thence Northerly along the said West line to the
254	Northwest corner of the South One-Half (S ?) of the
255	Northwest One-Quarter (NW 1/4) of said Section 30;
256
257	Thence Easterly along the North line of said South One-
258	Half (S ?) to the Northeast corner of said South One-Half
259	(S ?), said point also being on the municipal boundary of
260	the Town of Pembroke Park, as established by Chapter 63-
261	1772, Laws of Florida;
262
263	Thence along said municipal boundary the following 5
264	courses;
265
266	Thence Northerly along the East line of the Northwest
267	One-Quarter (NW 1/4) of said Section 30 to a point of
268	intersection with the North right of way line of
269	Hallandale Beach Road, also known as State Road  No. 824
270	and Hallandale Beach Boulevard;
271
272	Thence Easterly along said North right of way line to a
273	point of intersection with the East line of the West One-
274	Half (W ?) of the Northwest One-Quarter (NW 1/4) of the
275	Northwest One-Quarter (NW 1/4) of said Section 29;
276
277	Thence Northerly along said  East line to the Northeast
278	corner of  the Northwest One-Quarter (NW 1/4) of the
279	Northwest One-Quarter (NW 1/4) of the Northwest One-
280	Quarter (NW 1/4) of said Section 29;
281
282	Thence Westerly along said North line to the Northwest
283	corner of said Section 29, which is a common corner of
284	Sections 19, 20, 29 and 30 , Township 51 South, Range 42
285	East;
286
287	Thence Northerly along the East line of the Southeast
288	One-Quarter (SE 1/4) of said Section 19 to the POINT  OF
289	BEGINNING.
290
291	LESS      THEREFROM:
292
293	Those lands annexed by the Town of Pembroke Park, as
294	established by Ordinance No. 77-7-3 of the Town of
295	Pembroke Park described as follows:
296
297	Lot 1 thru 12 inclusive in Block 4 of  ?MIAMI  GARDENS
298	ESTATES, SECTION  8", according to the plat thereof, as
299	recorded in Plat Book 44, Page 33, of the Public Records
300	of Broward County, Florida;
301
302	AND      LESS:
303
304	Those lands annexed by the Town of  Pembroke Park, as
305	established by Ordinance No. 74-9-1 of the Town of
306	Pembroke Park described as follows:
307	All of  ?MIAMI  GARDENS  ESTATES SECTION 9", according to
308	the plat thereof, as recorded in Plat Book 61, Page 16,
309	of the Public Records of Broward County, Florida;
310
311	AND     LESS:
312
313	Those lands annexed by the Town of Pembroke Park, as
314	established by Ordinance No. 77-4-1 of the Town of
315	Pembroke Park described as follows:
316
317	The East One-Half (E ?) of the East One-Half (E ?) of
318	Government Lot 1, LESS the West 43 feet thereof, and the
319	Northeast One-Quarter (NE 1/4) of the Northwest One-
320	Quarter (NW 1/4) of said Section 30, lying North of the
321	North right of way line of Hallandale Beach Boulevard.
322	(4)  POWERS.--The city shall have all available
323	governmental, corporate, and proprietary powers and may exercise
324	them, except when prohibited by law. Through the adoption of
325	this charter, it is the intent of the electors of the city that
326	the municipal government established herein have the broadest
327	exercise of home rule powers permitted under the State
328	Constitution and laws of the state.
329	(5)  CONSTRUCTION.--This charter and the powers of the city
330	shall be construed liberally in favor of the city.
331	Section 2.  Commission; mayor.--
332	(1)  CITY COMMISSION.--There shall be a city commission
333	(the "commission") vested with all legislative powers of the
334	city, consisting of four members ("commission members") and the
335	mayor. Commission members shall occupy seats numbered 1 through
336	4. References in this charter to commission members shall
337	include the mayor, unless the context dictates otherwise. Unless
338	otherwise stated within this charter, all charter powers shall
339	be exercised by the commission.
340	(2)  MAYOR.--The mayor shall preside at meetings of the
341	commission and be a voting member of the commission. The mayor
342	shall be recognized as the head of city government for all
343	ceremonial purposes, for purposes of military law, and for
344	service of process and execution of duly authorized contracts,
345	deeds, and other documents, and as the city official designated
346	to represent the city when dealing with other governmental
347	entities.
348	(3)  VICE MAYOR.--The vice mayor shall act as mayor in the
349	absence of the mayor. The vice mayor shall be elected from among
350	commission members for a period of 2 years by a majority of the
351	commission at the first meeting of the commission after each
352	election.
353	(4)  ELECTION AND TERMS OF OFFICE.--
354	(a)  Election and term of office.--Each commission member
355	and the mayor shall be elected at large for 4-year terms by the
356	electors of the city in the manner provided in section 5. Each
357	commission member and the mayor shall remain in office until his
358	or her successor is elected and assumes the duties of the
359	position.
360	(b)  Designated seats.--The city commission shall be
361	divided into four seats, designated 1, 2, 3, and 4, to be voted
362	on citywide, with each qualified elector entitled to vote for
363	one candidate for each seat.
364	(5)  QUALIFICATIONS.--Candidates for commission member
365	shall qualify for election by the filing of a written notice of
366	candidacy with the clerk of the city at such time and in such
367	manner as may be prescribed by ordinance and payment to the
368	clerk of the sum of $100, plus any fees required by Florida
369	Statutes, as a qualifying fee. A person may not be a candidate
370	for more than one office in the same election. Only electors of
371	the city who have resided continuously in the city for at least
372	1 year preceding the date of such filing shall be eligible to
373	hold the office of commission member. If at the conclusion of
374	the qualifying period no elector shall have filed for candidacy,
375	the commission seat shall be open for a period of 5 days and any
376	qualified elector who has resided in the city continuously for
377	at least 1 year preceding the date of such filing may file a
378	written notice of candidacy for said commission seat in
379	accordance with the remaining provisions of this section.
380	(6)  VACANCIES; FORFEITURE OF OFFICE; FILLING OF
381	VACANCIES.--
382	(a)  Vacancies.--The office of a commission member shall
383	become vacant upon his or her death, resignation, or removal
384	from office in any manner authorized by law or by forfeiture of
385	his or her office.
386	(b)  Forfeiture of office.--
387	1.  A commission member shall forfeit his or her office if
388	at any time during his or her term he or she ceases to maintain
389	his or her permanent residence in the city or if he or she
390	otherwise ceases to be a qualified elector of the city.
391	2.  A commission member shall be subject to forfeiture of
392	his or her office, in the discretion of the remaining commission
393	members, if he or she is absent without good cause from any
394	three consecutive regular meetings of the commission during any
395	calendar year or if he or she is absent without good cause from
396	any four regular meetings of the commission within any 12-month
397	period.
398	3.  The commission shall be the sole judge of the
399	qualifications of its members and shall hear all questions
400	relating to forfeiture of a commission member's office,
401	including whether or not good cause for absence has been or may
402	be established. The burden of establishing good cause shall be
403	on the commission member in question; however, any commission
404	member may at any time during any duly held meeting move to
405	establish good cause for his or her absence or the absence of
406	any other commission member, from any past, present, or future
407	meeting or meetings, which motion, if carried, shall be
408	conclusive. A commission member whose qualifications are in
409	question or who is otherwise subject to forfeiture of his or her
410	office shall not vote on any such matters. The commission member
411	in question shall be entitled to a public hearing on request
412	regarding an alleged forfeiture of office. If a public hearing
413	is requested, notice thereof shall be published in one or more
414	newspapers of general circulation in the city at least 1 week in
415	advance of the hearing. Any final determination by the
416	commission that a commission member has forfeited his or her
417	office shall be made by resolution. All votes and other acts of
418	the commission member in question prior to the effective date of
419	such resolution shall be valid regardless of the grounds of
420	forfeiture.
421	(c)  Filling of vacancies.--A vacancy on the commission
422	shall be filled as follows:
423	1.  If less than 1 year remains in the unexpired term, the
424	vacancy shall be filled by the commission within 30 days.
425	2.  If 1 year or more remains in the unexpired term, the
426	vacancy shall be filled by a special election to be held not
427	sooner than 30 days or more than 60 days following the
428	occurrence of the vacancy.
429	3.  Persons filling vacancies shall meet the qualifications
430	specified in this section.
431	4.  If no candidate for a vacancy meets the qualifications
432	under this section for that vacancy, the commission shall
433	appoint a person qualified under this section to fill the
434	vacancy.
435	5.  Notwithstanding any quorum requirements established
436	herein, if at any time the full membership of the commission is
437	reduced to less than a quorum, the remaining members may, by
438	majority vote, appoint additional members to the extent
439	otherwise permitted or required under this subsection.
440	6.  In the event that all the members of the commission are
441	removed by death, disability, recall, forfeiture of office, or
442	resignation, or any combination thereof, the Governor shall
443	appoint interim commission members who shall call a special
444	election within not less than 30 days or more than 60 days after
445	such appointment. Such election shall be held in the same manner
446	as the initial elections under this charter. However, if there
447	are less than 6 months remaining in the unexpired terms, the
448	interim commission appointed by the Governor shall serve out the
449	unexpired terms. Appointees must meet all requirements for
450	candidates provided for in this section.
451	(7)  Compensation; reimbursement for expenses.--
452	(a)  The commission members shall be compensated at the
453	rate of $300 per month. The mayor shall be compensated at the
454	rate of $400 per month. The mayor and commission shall receive
455	reimbursement in accordance with applicable law, or as may be
456	otherwise provided by ordinance, for authorized travel and per
457	diem expenses incurred in the performance of their official
458	duties.
459	(b)  An ordinance establishing, increasing, or decreasing
460	compensation of the mayor or commission may be adopted at any
461	time; however, in no event shall any establishment of
462	compensation or any increase in compensation become effective
463	prior to the first day of the first month following the first
464	regular election of the city subsequent to the adoption of such
465	ordinance.
466	(8)  RULES OF PROCEDURE.--The commission shall determine
467	its own rules of procedure.
468	Section 3.  Administrative.--
469	(1)  CITY ADMINISTRATOR.--There shall be a city
470	administrator (the "administrator"), who shall be the chief
471	administrative officer of the city. The administrator shall be
472	responsible to the commission for the administration of all city
473	affairs.
474	(2)  APPOINTMENT; REMOVAL; COMPENSATION.--The commission
475	shall appoint a qualified individual or firm for an indefinite
476	term by an affirmative vote of at least four commission members.
477	The commission may remove the administrator at any time by an
478	affirmative vote of at least four commission members. For voting
479	purposes, the mayor shall be considered as a commission member.
480	The compensation and benefits of the administrator shall be
481	fixed by the commission. Any consideration of the removal of the
482	administrator must be an agenda item with public notice given.
483	(3)  POWERS AND DUTIES OF THE ADMINISTRATOR.--The
484	administrator shall:
485	(a)  Be responsible for the hiring, supervision, and
486	removal of all city employees.
487	(b)  Direct and supervise the administration of all
488	departments and offices, but not city boards or agencies, unless
489	so directed by the commission from time to time.
490	(c)  Attend all commission meetings and have the right to
491	take part in discussion, but not the right to vote.
492	(d)  Ensure that all laws, provisions of this charter, and
493	acts of the commission, subject to enforcement or administration
494	by him or her or by officers subject to his or her direction and
495	supervision, are faithfully executed.
496	(e)  Prepare and submit to the commission a proposed annual
497	budget and capital program.
498	(f)  Submit to the commission and make available to the
499	public an annual report on the finances and administrative
500	activities of the city as of the end of each fiscal year.
501	(g)  Prepare such other reports as the commission may
502	require concerning the operations of city departments, offices,
503	boards, and agencies.
504	(h)  Keep the commission fully advised as to the financial
505	condition and future needs of the city and make such
506	recommendations to the commission concerning the affairs of the
507	city as he or she deems to be in the best interests of the city.
508	(i)  Execute, with the mayor, contracts, deeds, and other
509	documents on behalf of the city, as authorized by the
510	commission.
511	(j)  Implement the purchase code and guidelines adopted by
512	the commission for the acquisition of goods and services for the
513	city.
514	(k)  Perform such other duties as are specified in this
515	charter or as may be required by the commission.
516	(4)  ABSENCE OR DISABILITY OF ADMINISTRATOR.--To perform
517	his or her duties during his or her temporary absence or
518	disability, the administrator may designate, by letter filed
519	with the city clerk, a qualified administrative officer of the
520	city. In the event of failure of the administrator to make such
521	designation, or should the person so designated by the city
522	administrator be unsatisfactory to the commission, the
523	commission may by resolution appoint an officer of the city to
524	perform the duties of the administrator until he or she shall
525	return or his or her disability shall cease.
526	(5)  BOND OF ADMINISTRATOR.--The administrator shall
527	furnish a surety bond to be approved by the commission, and in
528	such amount as the commission may fix, said bond to be
529	conditioned on the faithful performance of his or her duties.
530	The premium of the bond shall be paid by the city.
531	(6)  CITY CLERK.--The administrator shall appoint a city
532	clerk or management firm to serve as city clerk (the "clerk").
533	The clerk shall give notice of commission meetings to its
534	members and the public, shall keep minutes of its proceedings,
535	and shall perform such other duties as the commission or
536	administrator may prescribe from time to time. The clerk shall
537	report to the administrator.
538	(7)  CITY ATTORNEY.--The commission shall appoint a
539	qualified individual or firm to serve as the city attorney for
540	an indefinite term by an affirmative vote of at least four
541	commission members. The commission members may remove the city
542	attorney at any time by an affirmative vote of at least four
543	commission members. The compensation and benefits of the city
544	attorney shall be fixed by the commission. The city attorney
545	shall report to the commission. The city attorney shall take
546	office immediately on appointment, and the terms and conditions
547	shall subsequently be reduced to a written contract. The
548	commission shall have the authority to engage such additional
549	legal counsel as it deems advisable and necessary.
550	(8)  POWERS AND DUTIES OF THE CITY ATTORNEY.--The city
551	attorney or other attorney, designated and approved by the
552	commission, shall, to the extent required by the commission:
553	(a)  Attend all regular and special meetings of the
554	commission.
555	(b)  Act as the legal advisor to and counselor for the city
556	and its officers in the matters relating to their official
557	duties.
558	(c)  Approve all contracts, bonds, and other instruments in
559	which the city is concerned and shall endorse on each his or her
560	approval of the form and correctness thereof. No contract with
561	the city shall take effect until his or her approval is so
562	endorsed thereon.
563	(d)  When requested to do so by the commission, prosecute
564	and defend on behalf of the city all complaints, suits, and
565	controversies in which the city is a party.
566	(e)  When so requested, furnish the mayor, commission, or
567	administrator his or her opinion on any question of law
568	involving the respective powers and duties of the mayor,
569	commission, or administrator.
570	(f)  Perform such other professional duties as required of
571	him or her by resolution of the commission or as prescribed for
572	municipal attorneys in the general laws of the state which are
573	not inconsistent with this charter.
574	(9)  EXPENDITURE OF CITY FUNDS.--No funds of the city shall
575	be expended except pursuant to duly approved appropriations or
576	for the payment of bonds, notes, or other indebtedness duly
577	authorized by the commission and only from such funds so
578	authorized.
579	(10)  City boards and agencies.--Except as otherwise
580	provided by law, the commission may establish or terminate such
581	boards and agencies as it may deem advisable from time to time.
582	The boards and agencies shall report to the commission. Members
583	of boards and agencies shall be appointed by the commission by
584	resolution.
585	Section 4.  Legislative.--
586	(1)  COMMISSION MEETING PROCEDURE.--
587	(a)  Meetings.--The commission shall hold at least 11
588	monthly meetings in each fiscal year at such times and places as
589	the commission may prescribe by rule. No meeting shall extend
590	beyond 11 p.m. local time. Notwithstanding the aforesaid, the
591	commission may conclude debate and voting on any agenda item
592	under consideration at 11 p.m. Special meetings may be held upon
593	the call of the mayor or upon the call of three members of the
594	commission, and upon no less than 24 hours' notice to each
595	member and the public, or such shorter time as a majority of the
596	commission shall deem necessary in case of an emergency
597	affecting life, health, property, or the public peace.
598	(b)  Quorum and voting.--Except as otherwise provided in
599	this charter, any three members of the commission shall
600	constitute a quorum. The affirmative vote of three members of
601	the commission shall be required for any legislative action. All
602	voting shall be by roll call.
603	(2)  PROHIBITIONS.--
604	(a)  Appointments and removals.--Neither the commission nor
605	any of its members shall in any manner dictate the appointment
606	or removal of any city administrative officers or employees whom
607	the administrator or any of his or her subordinates is empowered
608	to appoint, but the commission members may express their views
609	and fully and freely discuss with the administrator anything
610	pertaining to appointment and removal of such officers and
611	employees.
612	(b)  Interference with administration.--Except for the
613	purpose of inquiries and investigations made in good faith, the
614	commission or its members shall deal with city officers and
615	employees who are subject to the direction and supervision of
616	the administrator solely through the administrator, and neither
617	the commission nor its members shall give orders to any such
618	officer or employee, either publicly or privately. It is the
619	express intent of this charter that recommendations for
620	improvement in city government operations by individual
621	commission members be made solely to and through the
622	administrator. Commission members may discuss with the
623	administrator any matter of city business; however, no
624	individual commission member shall give orders to the
625	administrator.
626	(c)  Holding other office.--No elected city official shall
627	hold any appointive city office or city employment while in
628	office. No former elected city official shall hold any
629	compensated appointive city office or city employment until 1
630	year after the expiration of his or her term.
631	(3)  EMERGENCY ORDINANCES.--
632	(a)  Authorization; form.--To meet a public emergency
633	affecting life, health, property, or the public peace, the
634	commission may adopt, in the manner provided by Florida
635	Statutes, one or more emergency ordinances, but such ordinances
636	may not enact or amend a land use plan or rezone private
637	property; levy taxes; grant, renew, or extend any municipal
638	franchise; set service or user charges for any municipal
639	services; or authorize the borrowing of money, except as
640	provided under the emergency appropriations provisions of this
641	charter, if applicable. An emergency ordinance shall be
642	introduced in the form and manner prescribed for ordinances
643	generally, except that it shall be plainly designated in a
644	preamble as an emergency ordinance and shall contain, after the
645	enacting clause, a declaration stating that an emergency exists
646	and describing it in clear and specific terms.
647	(b)  Procedure.--Upon the affirmative vote of four
648	commission members, an emergency ordinance may be adopted with
649	or without amendment or rejected at the meeting at which it is
650	introduced. For voting purposes, the mayor shall be considered
651	as a member of the commission. After its adoption, the ordinance
652	shall be advertised and printed as prescribed for other
653	ordinances.
654	(c)  Effective date.--Emergency ordinances shall become
655	effective upon adoption or at such other date as may be
656	specified in the ordinance.
657	(d)  Repeal.--Every emergency ordinance, except emergency
658	appropriation ordinances, shall automatically be repealed as of
659	the 61st day following its effective date, but this shall not
660	prevent reenactment of the ordinance under regular procedures
661	or, if the emergency still exists, in the manner specified in
662	this section. An emergency ordinance may also be repealed by
663	adoption of a repealing ordinance in the same manner specified
664	in this section for adoption of emergency ordinances.
665	(e)  Emergency appropriations.--To meet a public emergency
666	affecting life, health, property, or the public peace, the
667	commission, by resolution, may make emergency appropriations. To
668	the extent that there are no unappropriated revenues to meet
669	such appropriation, the commission may by such emergency
670	resolution authorize the issuance of emergency notes, which may
671	be renewed from time to time, but the emergency notes and
672	renewals in any fiscal year shall be paid not later than the
673	last day of the fiscal year succeeding that in which the
674	emergency appropriations were made.
675	(4)  ANNUAL BUDGET ADOPTION.--
676	(a)  Balanced budget.--Each annual budget adopted by the
677	commission shall not provide for expenditures in an amount
678	greater than the revenues budgeted.
679	(b)  Budget adoption.--The budget shall be adopted in
680	accordance with applicable Florida Statutes and any amendments
681	thereto.
682	(c)  Specific appropriation.--The budget shall be specific
683	as to the nature of each category of appropriations. Reasonable
684	appropriations may be made for contingencies, but only within
685	defined spending categories.
686	(5)  FISCAL YEAR.--The fiscal year of the city government
687	shall begin on the first day of October and shall end on the
688	last day of September of the following calendar year, unless
689	otherwise defined by Florida Statutes. Such fiscal year shall
690	also constitute the annual budget and accounting year.
691	(6)  APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR.--
692	(a)  Supplemental appropriations.--If, during any fiscal
693	year, revenues in excess of those estimated in the annual budget
694	are available for appropriation, the commission may by ordinance
695	make supplemental appropriations for the fiscal year up to the
696	amount of such excess.
697	(b)  Reduction of appropriations.--If, at any time during
698	the fiscal year, it appears probable to the administrator that
699	the revenues available will be insufficient to meet the amounts
700	appropriated, he or she shall report to the commission without
701	delay, indicating the estimated amount of the deficit and his or
702	her recommendations as to the remedial action to be taken. The
703	commission shall then take such action as it deems appropriate
704	to prevent any deficit spending not covered by adequate
705	reserves.
706	(7)  AUTHENTICATION, RECORDING, AND DISPOSITION OF
707	ORDINANCES, RESOLUTIONS, AND CHARTER AMENDMENTS.--
708	(a)  Authentication.--The mayor and the clerk shall
709	authenticate, by their signatures, all ordinances and
710	resolutions adopted by the commission. In addition, when charter
711	amendments have been approved by the electors, the mayor and the
712	clerk shall authenticate, by their signatures, the charter
713	amendment, such authentication to reflect the approval of the
714	charter amendment by the electorate.
715	(b)  Recording.--The clerk shall keep properly indexed
716	books in which shall be recorded, in full, all ordinances and
717	resolutions enacted or passed by the commission. Ordinances
718	shall, at the direction of the commission, be periodically
719	codified. The clerk shall also maintain the charter in current
720	form as to all amendments.
721	(c)  Printing.--The commission shall, by ordinance,
722	establish procedures for making all resolutions, ordinances,
723	technical codes adopted by reference, and this charter available
724	for public inspection and available for purchase at a reasonable
725	price.
726	(8) BORROWING.--
727	(a)  Subject to the referendum requirements of the State
728	Constitution, if applicable, the city may from time to time
729	borrow money and issue bonds or other obligations or evidence of
730	indebtedness (collectively, "bonds") of any type or character
731	for any of the purposes for which the city is now or hereafter
732	authorized by law to borrow money, including to finance the cost
733	of any capital or other project and to refund any and all
734	previous issues of bonds at or prior to maturity. Such bonds may
735	be issued pursuant to one or more resolutions adopted by a
736	majority of the commission.
737	(b)  The city may assume all outstanding indebtedness
738	related to facilities it acquires from other units of local
739	government and be liable for payment thereon in accordance with
740	its terms.
741	(9)  INDEPENDENT AUDIT.--The commission shall provide for
742	an independent annual audit of all city accounts and may provide
743	for more frequent audits as it deems necessary. Such audits
744	shall be made by a certified public accountant or firm of such
745	accountants who have no personal interest, direct or indirect,
746	in the fiscal affairs of the city government or any of its
747	officers.
748	Section 5.  Elections.--
749	(1)  ELECTORS.--Any person who is a resident of the city,
750	has qualified as an elector of the state, and registers to vote
751	in the manner prescribed by law shall be an elector of the city.
752	(2)  NONPARTISAN ELECTIONS.--All elections for the offices
753	of commission member and mayor shall be conducted on a
754	nonpartisan basis.
755	(3)  ELECTION DATES.--A regular election shall be held on
756	the second Tuesday in March 2005.
757	(4)  GENERAL ELECTION.--The ballot for the general election
758	shall contain the names of all qualified candidates for mayor if
759	the mayor's term is expiring and for each of the two commission
760	seats which are to be filled at that election as a result of two
761	commission members' terms expiring, and shall instruct electors
762	to cast one vote for mayor, if applicable, and one vote for each
763	commission seat, with a maximum of one vote per candidate. The
764	candidate for mayor receiving the most votes shall be the duly
765	elected mayor. The candidate receiving the most votes in each
766	designated commission seat, respectively, shall be the duly
767	elected commission member for that designated commission seat.
768	(5)  SPECIAL ELECTIONS.--Special elections, when required,
769	shall be scheduled by the commission at such times and in such
770	manner as shall be consistent with this charter and state law.
771	(6)  SINGLE CANDIDATES.--No election for mayor or any
772	commission seat shall be required in any election if there is
773	only one duly qualified candidate for mayor or for any
774	commission seat.
775	(7)  COMMENCEMENT OF TERMS.--The term of office of any
776	elected official shall commence immediately after the election.
777	(8)  OATH.--All elected officers, before entering upon
778	their duties, shall take and subscribe to the following oath of
779	office:
780
781	I do solemnly swear (or affirm) that I will support,
782	protect, and defend the Constitution and Government of
783	the United States and of the State of Florida, and the
784	charter of the City of West Park; that I am duly
785	qualified to hold office under the Constitution of the
786	State and the charter of the City of West Park; and
787	that I will well and faithfully perform the duties of
788	(Mayor or commission member) upon which I am now about
789	to enter. (So help me God.)
790
791	(9)  ELECTION LAWS.--The election laws of the state shall
792	apply to all elections.
793	(10)  RECALL.--The registered electors of the city shall
794	have the power to recall and to remove from office any elected
795	official of the city as provided by general law of the state.
796	Section 6.  Charter amendments.--
797	(1)  CHARTER AMENDMENTS.--This charter may be amended in
798	accordance with the provisions of this section.
799	(2)  PROCEDURE TO AMEND.--
800	(a)  Initiation.--This charter may be amended in two ways:
801	1.  By ordinance.--The commission may, by ordinance,
802	propose amendments to this charter and, upon passage of the
803	initiating ordinance, shall submit the proposed amendment to a
804	vote of the electors at the next general election held within
805	the city or at a special election called for such purpose.
806	2.  By petition.--The electors of the city may propose
807	amendments to this charter by petition pursuant to the
808	requirements of chapter 166, Florida Statutes, as amended.
809	(b)  Submission to electors.--Upon certification of the
810	sufficiency of a petition, the commission shall submit the
811	proposed amendment to a vote of the electors at a general
812	election or special election to be held not less than 60 days or
813	more than 120 days from the date on which the petition was
814	certified or at a special election called for such purpose.
815	(c)  Results of election.--If a majority of the qualified
816	electors voting on a proposed amendment votes for its adoption,
817	it shall be considered adopted upon certification of the
818	election results. If conflicting amendments are adopted at the
819	same election, the one receiving the greatest number of
820	affirmative votes shall prevail to the extent of such conflict.
821	(3)  APPOINTMENT OF CHARTER REVIEW COMMITTEE.--The
822	commission shall appoint a charter review committee, which shall
823	contain at least five registered electors who are residents of
824	the city and whose responsibilities shall include the review and
825	analysis of the charter and recommendations to the commission of
826	proposed charter amendments, including, without limitation,
827	issues such as district voting versus citywide elections for
828	commission members. All recommendations of the charter review
829	committee shall be considered by the commission at least once
830	every 4 years, and the commission may by ordinance propose
831	amendments to this charter upon recommendation of the charter
832	review committee. Upon passage of the initiating ordinance, the
833	commission shall submit the proposed amendment to a vote of the
834	electors of the city at the next general election held within
835	the city or at a special election called for such purpose.
836	Section 7.  General provisions.--
837	(1)  SEVERABILITY.--If any section or part of any section
838	of this charter shall be held invalid by a court of competent
839	jurisdiction, such holding shall not affect the remainder of
840	this charter or the context in which such section or part of a
841	section so held invalid may appear, except to the extent that an
842	entire section or part of a section may be inseparably connected
843	in meaning and effect with the section or part of a section to
844	which such holding shall directly apply.
845	(2)  CONFLICTS OF INTEREST; ETHICAL STANDARDS.--All
846	commission members, officials, and employees of the city shall
847	be subject to the standards of conduct for public officers and
848	employees set by federal, state, county, or other applicable
849	law.
850	(3)  CITY PERSONNEL SYSTEM.--All new employments,
851	appointments, and promotions of city officers and employees
852	shall be made pursuant to personnel procedures to be established
853	by the administrator from time to time.
854	(4)  CHARITABLE CONTRIBUTIONS.--The city shall not make any
855	charitable contribution to any person or entity unless
856	authorized by the commission.
857	(5)  VARIATION OF PRONOUNS.--All pronouns and any
858	variations thereof used in this charter shall be deemed to refer
859	to masculine, feminine, neutral, singular, or plural as the
860	identity of the person or persons shall require and are not
861	intended to describe, interpret, define, or limit the scope,
862	extent, or intent of this charter.
863	(6)  CALENDAR DAY.--For the purposes of this charter, a day
864	shall mean a calendar day.
865	Section 8.  Transition provisions.--
866	(1)  CREATION AND ESTABLISHMENT OF CITY.--For the purpose
867	of compliance with Florida Statutes relating to assessment and
868	collection of ad valorem taxes, the city is hereby created and
869	established effective September 15, 2004.
870	(2)  INITIAL ELECTION OF COMMISSION MEMBERS; DATES;
871	QUALIFYING PERIOD; CERTIFICATION OF ELECTION RESULTS; INDUCTION
872	INTO OFFICE.--
873	(a)  Dates.--Following the adoption of this charter in
874	accordance with section 9(1), a special election for the
875	election of the mayor and four commission members shall be held
876	on March 2005.
877	(b)  Qualifying period.--Any individual wishing to run for
878	mayor or one of the four commission seats shall qualify as a
879	candidate with the Broward County Supervisor of Elections
880	between January 2 and January 15, 2005, in accordance with the
881	provisions of this charter and general law.
882	(c)  Certification of election results.--For the initial
883	election, a canvassing board shall be appointed by the Board of
884	County Commissioners of Broward County to certify the results of
885	the election. At the first election under this charter, the four
886	candidates for commission member receiving the highest number of
887	votes shall be elected. At such initial election, seats shall
888	not be designated. Of the elected candidates, the two receiving
889	the greatest number of votes shall serve until their successors
890	are elected in March 2008 and assume the duties of the office,
891	and the remaining two shall serve until their successors are
892	elected in March 2006 and assume the duties of the office. The
893	candidate receiving the highest number of votes shall occupy
894	seat 1; the candidate receiving the second highest number shall
895	occupy seat 2; the candidate receiving the third highest number
896	shall occupy seat 3; and the candidate receiving the fourth
897	highest number shall occupy seat 4. Thereafter, all commission
898	members shall be elected for 4-year terms. The mayoral candidate
899	receiving the highest number of votes shall be elected. The
900	mayor shall be elected at the first election to serve until his
901	or her successor is elected in March 2006 and assumes the duties
902	of the office, and for a 4-year term at all subsequent
903	elections.
904	(d)  Induction into office.--Those candidates who are
905	elected on March 8, 2005, shall take office at the initial
906	commission meeting, which shall be held at 7:30 p.m. on March
907	10, 2005, at a place to be designated by the mayor.
908	(3)  TEMPORARY NATURE OF SUBSECTIONS (4)-(10).--The
909	following subsections of this section are inserted solely for
910	the purpose of effecting the incorporation of the city and the
911	transition to a new municipal government. Subsections (4)-(10)
912	of this section shall automatically, and without further vote or
913	act of the electors of the city, become ineffective and no
914	longer a part of this charter at such time as the implementation
915	of such section has been accomplished.
916	(4)  INTERIM ADOPTION OF CODES AND ORDINANCES.--Until
917	otherwise modified or replaced by this charter or the
918	commission, all codes, ordinances, and resolutions of Broward
919	County, Florida, in effect on the day of adoption of this
920	charter shall, to the extent applicable to the city, remain in
921	force and effect as municipal codes, ordinances, and resolutions
922	of the city. Until otherwise determined by the commission, said
923	codes, ordinances, and resolutions shall be applied,
924	interpreted, and implemented by the city in a manner consistent
925	with established policies of Broward County on the date of this
926	charter.
927	(5)  TAXES AND FEES.--Until otherwise modified by the
928	commission, all municipal taxes and fees imposed within the city
929	boundaries by the county as the municipal government for
930	unincorporated Broward County, which taxes and fees are in
931	effect on the date of adoption of this charter, shall continue
932	at the same rate and on the same conditions as if those taxes
933	and fees had been adopted and assessed by the city.
934	(6)  FIRST YEAR EXPENSES.--The commission, in order to
935	provide moneys for the expenses and support of the city, shall
936	have the power to borrow money necessary for the operation of
937	city government until such time as a budget is adopted and
938	revenues are raised in accordance with the provisions of this
939	charter.
940	(7)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The
941	commission shall adopt ordinances and resolutions required to
942	effect the transition. Ordinances adopted within 60 days after
943	the first commission meeting may be passed as emergency
944	ordinances. These transitional ordinances shall be effective for
945	no longer than 90 days after adoption and thereafter may be
946	readopted, renewed, or otherwise continued only in the manner
947	normally prescribed for ordinances.
948	(8)  STATE SHARED REVENUES.--The city shall be entitled to
949	participate in all shared revenue programs of the state,
950	effective immediately on the date of incorporation. The
951	provisions of section 218.23, Florida Statutes, shall be waived
952	for the purpose of eligibility to receive revenue sharing from
953	the date of incorporation through the end of the state fiscal
954	year 2005-2006. The provisions of section 218.26(3), Florida
955	Statutes, shall be waived for the fiscal year 2005-2006, and the
956	apportionment factors for the municipalities and counties shall
957	be recalculated pursuant to section 218.245, Florida Statutes.
958	The initial population estimates for calculating eligibility for
959	shared revenues shall be determined by the University of Florida
960	Bureau of Economic and Business Research as of the effective
961	date of this charter. Should the bureau be unable to provide an
962	appropriate population estimate, the initial population for
963	calculating eligibility for shared revenues shall be established
964	at the level of 12,750.
965	(9)  GAS TAX REVENUES.--Notwithstanding the requirements of
966	section 336.025, Florida Statutes, to the contrary, the city
967	shall be entitled to receive local option gas tax revenues
968	beginning October 1, 2005. These revenues shall be distributed
969	in accordance with the interlocal agreement with Broward County.
970	(10)  SHARED REVENUES.--Broward County shall distribute to
971	the city, from taxes, franchise fees, and ad valorem taxes,
972	revenues collected within the municipal boundaries of the city.
973	This calculation shall be based upon a population projection of
974	12,750.
975	Section 9.  At the general election scheduled for November
976	2014, the Board of Commissioners of Broward County shall
977	schedule an election for the merger of the Town of Pembroke Park
978	into the City of West Park. Only qualified electors residing
979	within the City of West Park and the Town of Pembroke Park shall
980	vote in this election. If a majority of the voters voting in
981	this election vote to merge the Town of Pembroke Park into the
982	City of West Park, the Town of Pembroke Park shall be dissolved
983	effective January 1, 2015. All title, rights, liabilities, and
984	responsibilities of the Town of Pembroke Park beginning on
985	January 1, 2015, shall be vested in the City of West Park.
986	Section 10.  This act shall only take effect upon approval
987	by a majority of those qualified electors residing within the
988	proposed corporate limits of the proposed City of West Park as
989	described in section 1(3) of the charter, voting in a referendum
990	election to be called by the Board of County Commissioners of
991	Broward County and to be held on November 2, 2004, in accordance
992	with the provisions relating to elections currently in force
993	except that:
994	(1)  This section of the charter shall take effect upon
995	this act becoming a law.
996	(2)  If a majority of the qualified voters voting do not
997	approve this act then this act shall not take effect.
998	(3)  If approved by a majority of the qualified voters
999	voting then this act and charter shall take effect upon
1000	certification of the election results by the Broward County
1001	Supervisor of Elections.

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