HB 1491

CS

CHAMBER ACTION

1	The Committee on Local Government & Veterans' Affairs recommends
2	the following:
3
4	Committee Substitute
5	Remove the entire bill and insert:
6	A bill to be entitled
7	An act relating to Broward County; creating the charter of
8	the City of West Park; providing for the corporate name
9	and purpose of the charter; establishing form of
10	government and territorial boundaries of the municipality;
11	providing powers of the municipality and of certain
12	officers; providing for election and terms of office of a
13	city commission, including the mayor and vice mayor, and
14	providing for qualifications, powers, and duties of and
15	restrictions on its membership; establishing circumstances
16	which create vacancies in office and providing for filling
17	vacancies and for forfeiture and recall; providing a
18	procedure for establishing compensation and expense
19	reimbursement for the mayor and city commission; providing
20	for rules of procedure; providing for a city
21	administrator, city clerk, and city attorney and powers
22	and duties of each; providing restrictions on expenditure
23	of city funds; authorizing establishment of city boards
24	and agencies; providing for commission meetings,
25	procedural rules, and recordkeeping and voting at
26	meetings; providing for emergency ordinances; providing
27	for budget requirements, adoption, and amendment and
28	establishing a fiscal year; providing procedures for
29	authentication, recording, and disposition of ordinances,
30	resolutions, and charter amendments; establishing the
31	right to determine, order, levy, assess, and collect
32	taxes; providing for borrowing by the city; providing for
33	an annual independent audit; providing for quasi-judicial
34	procedures; establishing election requirements and
35	guidelines; providing for charter amendments and review;
36	providing for severability; providing for standards of
37	conduct; providing for a personnel system; providing
38	requirements for charitable contributions; providing for
39	transition, including a referendum on incorporation and
40	alternate manners of elections for the city commission,
41	initial election and terms, and date of creation and
42	establishment of the municipality; providing for interim
43	adoption of codes and ordinances and taxes and fees;
44	providing for payment of certain revenues and for
45	transitional ordinances and resolutions; entitling the
46	city to state shared and local option gas tax revenues;
47	providing for the sharing of certain revenues; providing
48	for the city commission to rename the city under certain
49	circumstances; providing an effective date.
50
51	Be It Enacted by the Legislature of the State of Florida:
52
53	Section 1.  Corporate existence; form of government;
54	boundary and powers.--
55	(1)  CORPORATE EXISTENCE.--In order to preserve, protect,
56	and enhance the quality of life and residential character of
57	West Park, a municipal corporation known as the City of West
58	Park (the "city") is hereby created pursuant to the Constitution
59	of the State of Florida (the "State"). The corporate existence
60	of the city shall commence upon approval of  the electorate and
61	pursuant to the provisions of this charter.
62	(2)  FORM OF GOVERNMENT.--The city shall have a
63	"commission-administrator" form of government.
64	(3)  CORPORATE BOUNDARY.--
65
66	A portion of Sections 29 and 30, Township 51 South,
67	Range 42 East, Broward County, Florida, described as
68	follows:
69
70	Beginning at a point on the South line of said Section
71	30, said  point being 535.00 feet Westerly of the
72	Southeast corner of said Section 30, as measured along
73	said South line;
74
75	Thence along the municipal boundary of the Town of
76	Pembroke Park, as established by Chapter 63-1772, Laws
77	of Florida, the following 23 courses and distances;
78
79	Thence Northerly a distance of 50 feet to the
80	Southwest corner of Tract "N" of a subdivision known
81	as "LAKE  FOREST SECTION  3", as recorded in Plat Book
82	35, Page 15, of the Public Records of Broward County,
83	Florida;
84
85	Thence continue Northerly along the West boundary of
86	said Tract "N" to the Northwest corner of said Tract
87	"N";
88
89	Thence continue Northerly a distance of 25 feet to the
90	centerline of Lime Tree Concourse which is a dedicated
91	street of the subdivision of said "LAKE FOREST SECTION
92	3";
93
94	Thence Easterly along the centerline of said Lime Tree
95	Concourse to the point of intersection of the said
96	centerline with the East boundary of the Southeast
97	One-Quarter (SE 1/4) of said Section 30;
98
99	Thence continue Easterly along said centerline a
100	distance of 305.10 feet;
101
102	Thence Southerly to the Northeasterly corner of Tract
103	"O" of said subdivision of "LAKE FOREST SECTION 3";
104
105	Thence continue Southerly on a bearing of South
106	00?15'07" East a distance of 100 feet, to a point;
107
108	Thence Easterly a distance of 80.64 feet on a bearing
109	of North 82?30'53" East to the Northwesterly corner of
110	Lot 4, Block 21 of said subdivision of "LAKE FOREST
111	SECTION 3";
112
113	Thence Southerly along the Westerly lines of Lots 4,
114	5, and 6 of said Block 21 a distance of 246 feet to
115	the Northwest corner of Lot 33 of said Block 21;
116
117	Thence Southerly along the West line of Lot 33 of said
118	Block 21 a distance of 145 feet to the Southwest
119	corner of said Lot 33;
120
121	Thence Easterly along the South boundaries of Blocks
122	21 and 31 to the Southeast corner of Block 31 of said
123	subdivision of "LAKE FOREST SECTION 3";
124
125	Thence continue Easterly along a projection of the
126	South boundary of said Block 31 a distance of 800 feet
127	to a point on the East boundary of the Southwest One-
128	Quarter (SW 1/4) of said Section 29;
129
130	Thence run Northerly and along the West boundary of
131	the Southeast One-Quarter (SE 1/4) of said Section 29
132	to the Northwest corner of said Southeast One-Quarter
133	(SE 1/4) of said Section 29;
134
135	Thence continue Northerly along the West boundary of
136	the Northeast One-Quarter (NE 1/4) of said Section 29
137	to a point 265 feet South of the Northeast corner of
138	the South One-Half (S 1/2) of the Northwest One-
139	Quarter (NW 1/4) of said Section 29;
140
141	Thence Westerly along the North boundary of Lot 21,
142	Block 37 of the subdivision of "LAKE FOREST SECTION
143	4", as recorded in Plat Book 43, Page 45, of the
144	Public Records of Broward County, Florida, to the
145	Northwest corner of said Lot 21;
146
147	Thence continue Westerly to the Southeast corner of
148	Tract "R", Block 40 of said subdivision of "LAKE
149	FOREST SECTION 4";
150
151	Thence continue Westerly along the South boundaries of
152	said Tract "R" and the South boundary of Tract "RA" of
153	said subdivision of "LAKE  FOREST SECTION 4" to the
154	Southwest corner of said Tract "RA";
155
156	Thence Northwesterly along the South boundary of said
157	Tract "RA" to the Southeast corner of Lot 29A of said
158	Block 40;
159
160	Thence continue Westerly along the South boundary of
161	said Block 40 and along the South boundary of Block 50
162	of said subdivision of "LAKE FOREST SECTION 4" to the
163	Southwest corner of Lot 28 of said Block 50;
164
165	Thence Southerly to the Southeast corner of Tract "Q"
166	of said subdivision of "LAKE FOREST SECTION 4";
167
168	Thence Westerly to the Northwest corner of Lot 36, of
169	said Block 50;
170
171	Thence Southerly to the Southwest corner of said Lot
172	36;
173
174	Thence Westerly along the South boundary of said Tract
175	"Q" and the extension thereof for a distance of 171.53
176	feet to a point on the West boundary of the Northeast
177	One-Quarter (NE 1/4) of said Section 30 said point
178	also being on the municipal boundary of the Town of
179	Pembroke Park, as established by Chapter 70-878, Laws
180	of Florida;
181
182	Thence Southerly along said municipal boundary and the
183	East line of the West One-Half (W 1/2) of said Section
184	30 to the Southwest corner of the Southeast One-
185	Quarter (SE 1/4) of said Section 30;
186
187	Thence Easterly along the South line of said Section
188	30 to the POINT OF BEGINNING.
189
190	TOGETHER WITH
191
192	Beginning at the Southwest corner of the Southeast
193	quarter of Section 29, Township 51 South, Range 42
194	East, run Westerly along the South boundary of the
195	Southwest quarter of said Section 29-51-42 to the
196	Southwest corner of Section 29-51-42 which is a common
197	corner of Sections 29 and 30, Township 51 South, Range
198	42 East and Sections 5 and 6, Township 52 South, Range
199	42 East; thence continue Westerly along the South
200	boundary of Section 30-51-42 a distance of 535.00
201	feet; thence Northerly a distance of 50 feet to the
202	Southwest corner of Tract ?N' of a subdivision known
203	as "LAKE FOREST SECTION 3" as recorded in Plat Book
204	35, Page 15 of the Public Records of Broward County,
205	Florida; thence continue Northerly along the West
206	boundary of said Tract ?N' to the Northwest corner of
207	said Tract ?N'; thence continue Northerly a distance
208	of 25 feet to the center line of Lime Tree Concourse
209	which is a dedicated street of the subdivision of
210	"LAKE FOREST SECTION 3"; thence Easterly along the
211	center line of said Lime Tree Concourse to a point of
212	intersection of the said center line with the East
213	boundary of the Southeast quarter of Section 30-51-42;
214	thence continue Easterly along said center line a
215	distance of 305.10 feet; thence Southerly to the
216	Northeasterly corner of Tract ?O' of said subdivision
217	of "LAKE FOREST SECTION 3"; thence continue Southerly
218	on a bearing of South 0? 15' 07" East a distance of
219	100 feet to a point; thence Easterly a distance of
220	80.64 feet on a bearing of North 82? 30' 53" East to
221	the northwesterly corner of Lot 4, Block 21 of said
222	subdivision of "LAKE FOREST SECTION 3"; thence
223	Southerly along the Westerly lines of Lots 4 and 5,
224	and 6 of said Block 21 a distance of 246 feet to the
225	Northwest corner of Lot 33 of said Block 21; thence
226	Southerly along the West line of Lot 33 of said Block
227	21 a distance of 145 feet to the Southwest corner of
228	said Lot 33; thence Easterly along the South
229	boundaries of Blocks 21 and 31 to the Southeast corner
230	of Block 31 of said subdivision of "LAKE FOREST
231	SECTION 3"; thence continue Easterly along a
232	projection of the South boundary of said Block 31 a
233	distance of 800 feet to a point on the East boundary
234	of the Southwest quarter of Section 29-51-42; thence
235	Southerly and along the East boundary of said
236	Southwest quarter of Section 29-51-42 to the point of
237	beginning; said lands situate, lying and being in
238	Broward County, Florida.
239
240	TOGETHER WITH
241
242	The South 15 feet of the Southwest quarter of Section
243	30, Township 51 South, Range 42 East. Broward County,
244	Florida.
245
246	TOGETHER WITH
247
248	A portion of Sections 24 and 25, Township 51 South,
249	Range 41 East, and Sections 19, 29 and 30, Township 51
250	South, Range 42 East, Broward County, Florida,
251	described as follows:
252
253	BEGINNING at the Northeast corner of the South One-
254	Half (S 1/2) of said Section 19, also being a point on
255	the municipal boundary of the City of Hollywood, as
256	established by Chapter 59-1369, Laws of Florida;
257
258	Thence Westerly along the North line of said South
259	One-Half (S 1/2) to the East line of the Southwest
260	One-Quarter (SW 1/4) of the Northwest One-Quarter (NW
261	1/4) of said Section 19, also being a point on the
262	municipal boundary of the City of Hollywood, as
263	established by Chapter 63-1426, Laws of Florida;
264
265	Thence continue Westerly along said North line, along
266	the North line of the Southeast One-Quarter (SE 1/4)
267	of said Section 24 and along said municipal boundary
268	to the West line of the Northeast One-Quarter (NE 1/4)
269	of the Southeast One-Quarter (SE 1/4) of said Section
270	24;
271
272	Thence continue along said municipal boundary to the
273	centerline of right of way of Southwest 17 Street
274	(Pembroke Road);
275
276	Thence continue along said municipal  boundary and
277	along said centerline to a point on the centerline of
278	State Road No. 7 (U.S. 441) also known as Southwest 60
279	Avenue, said point also being on the municipal
280	boundary of the City of Miramar, as established by
281	Ordinance No. 72-14 of the City of Miramar;
282
283	Thence Southerly along said centerline and said
284	municipal boundary over and across said Sections 24
285	and 25 to a point of intersection with the South line
286	of said Section 25;
287
288	Thence Easterly along said South line to the East line
289	of said Section 25 and a point on the municipal
290	boundary of the Town of Pembroke Park, as established
291	by Chapter 70-878, Laws of Florida;
292
293	Thence along said municipal boundary the following 6
294	courses;
295
296	Thence Northerly along said East line to the Southwest
297	corner of the Northwest One-Quarter (NW 1/4) of the
298	Southwest One-Quarter (SW 1/4) of the Southwest One-
299	Quarter (SW 1/4) of said Section 30;
300
301	Thence Easterly along said South line to the Southeast
302	corner of the Northwest One-Quarter (NW 1/4) of the
303	Southwest One-Quarter (SW 1/4) of the Southwest One-
304	Quarter (SW 1/4) of said Section 30;
305
306	Thence Northerly along the West line of the East
307	Three-Quarters (E 3/4) of the Southwest One-Quarter
308	(SW 1/4) of said Section 30 to the Northeast corner of
309	the South One-Half (S 1/2) of the Southwest One-
310	Quarter (SW 1/4) of the Northwest One-Quarter (NW 1/4)
311	of the Southwest One-Quarter (SW 1/4) of said Section
312	30;
313
314	Thence Westerly along the North line of said South
315	One-Half (S 1/2) to the West line of said Section 30;
316
317	Thence Northerly along the said West line to the
318	Northwest corner of the South One-Half (S 1/2) of the
319	Northwest One-Quarter (NW 1/4) of said Section 30;
320
321	Thence Easterly along the North line of said South
322	One-Half (S 1/2) to the Northeast corner of said South
323	One-Half (S 1/2), said point also being on the
324	municipal boundary of the Town of Pembroke Park, as
325	established by Chapter 63-1772, Laws of Florida;
326
327	Thence along said municipal boundary the following 5
328	courses;
329
330	Thence Northerly along the East line of the Northwest
331	One-Quarter (NW 1/4) of said Section 30 to a point of
332	intersection with the North right of way line of
333	Hallandale Beach Road, also known as State Road  No.
334	824 and Hallandale Beach Boulevard;
335
336	Thence Easterly along said North right of way line to
337	a point of intersection with the East line of the West
338	One-Half (W 1/2) of the Northwest One-Quarter (NW 1/4)
339	of the Northwest One-Quarter (NW 1/4) of said Section
340	29;
341
342	Thence Northerly along said  East line to the
343	Northeast corner of  the Northwest One-Quarter (NW
344	1/4) of the Northwest One-Quarter (NW 1/4) of the
345	Northwest One-Quarter (NW 1/4) of said Section 29;
346
347	Thence Westerly along said North line to the Northwest
348	corner of said Section 29, which is a common corner of
349	Sections 19, 20, 29 and 30 , Township 51 South, Range
350	42 East;
351
352	Thence Northerly along the East line of the Southeast
353	One-Quarter (SE 1/4) of said Section 19 to the POINT
354	OF BEGINNING.
355
356	LESS      THEREFROM:
357
358	Those lands annexed by the Town of Pembroke Park, as
359	established by Ordinance No. 77-7-3 of the Town of
360	Pembroke Park described as follows:
361	Lot 1 thru 12 inclusive in Block 4 of  "MIAMI GARDENS
362	ESTATES, SECTION 8", according to the plat thereof, as
363	recorded in Plat Book 44, Page 33, of the Public
364	Records of Broward County, Florida;
365
366	AND      LESS:
367
368	Those lands annexed by the Town of Pembroke Park, as
369	established by Ordinance No. 74-9-1 of the Town of
370	Pembroke Park described as follows:
371	All of "MIAMI  GARDENS ESTATES SECTION 9", according
372	to the plat thereof, as recorded in Plat Book 61, Page
373	16, of the Public Records of Broward County, Florida;
374
375	AND     LESS:
376
377	Those lands annexed by the Town of Pembroke Park, as
378	established by Ordinance No. 77-4-1 of the Town of
379	Pembroke Park described as follows:
380	The East One-Half (E 1/2) of the East One-Half (E 1/2)
381	of Government Lot 1, LESS the West 43 feet thereof,
382	and the Northeast One-Quarter (NE 1/4) of the
383	Northwest One-Quarter (NW 1/4) of said Section 30,
384	lying North of the North right of way line of
385	Hallandale Beach Boulevard.
386
387	(4)  POWERS.--The city shall have all available
388	governmental, corporate, and proprietary powers and may exercise
389	them, except when prohibited by law. Through the adoption of
390	this charter, it is the intent of the electors of the city that
391	the municipal government established herein have the broadest
392	exercise of home rule powers permitted under the State
393	Constitution and laws of the state.
394	(5)  CONSTRUCTION.--This charter and the powers of the city
395	shall be construed liberally in favor of the city.
396	Section 2.  Commission; mayor.--
397	(1)  CITY COMMISSION.--There shall be a city commission
398	(the "commission") vested with all legislative powers of the
399	city, consisting of four members ("commission members") and the
400	mayor. Commission members shall occupy seats numbered 1 through
401	4. References in this charter to commission members shall
402	include the mayor, unless the context dictates otherwise. Unless
403	otherwise stated within this charter, all charter powers shall
404	be exercised by the commission.
405	(2)  MAYOR.--The mayor shall preside at meetings of the
406	commission and be a voting member of the commission. The mayor
407	shall be recognized as the head of city government for all
408	ceremonial purposes, for purposes of military law, and for
409	service of process and execution of duly authorized contracts,
410	deeds, and other documents, and as the city official designated
411	to represent the city when dealing with other governmental
412	entities.
413	(3)  VICE MAYOR.--The vice mayor shall act as mayor in the
414	absence of the mayor. The vice mayor shall be elected from among
415	commission members for a period of 2 years by a majority of the
416	commission at the first meeting of the commission after each
417	election.
418	(4)  ELECTION AND TERMS OF OFFICE.--
419	(a)  Election and term of office.--Each commission member
420	and the mayor shall be elected at large for 4-year terms by the
421	electors of the city in the manner provided in section 5. Each
422	commission member and the mayor shall remain in office until his
423	or her successor is elected and assumes the duties of the
424	position.
425	(b)  Designated seats.--The city commission shall be
426	divided into four seats, designated 1, 2, 3, and 4, to be voted
427	on citywide, with each qualified elector entitled to vote for
428	one candidate for each seat.
429	(5)  QUALIFICATIONS.--Candidates for commission member
430	shall qualify for election by the filing of a written notice of
431	candidacy with the clerk of the city at such time and in such
432	manner as may be prescribed by ordinance and payment to the
433	clerk of the sum of $100, plus any fees required by Florida
434	Statutes, as a qualifying fee. A person may not be a candidate
435	for more than one office in the same election. Only electors of
436	the city who have resided continuously in the city for at least
437	1 year preceding the date of such filing shall be eligible to
438	hold the office of commission member. If at the conclusion of
439	the qualifying period no elector shall have filed for candidacy,
440	the commission seat shall be open for a period of 5 days and any
441	qualified elector who has resided in the city continuously for
442	at least 1 year preceding the date of such filing may file a
443	written notice of candidacy for said commission seat in
444	accordance with the remaining provisions of this section.
445	(6)  VACANCIES; FORFEITURE OF OFFICE; FILLING OF
446	VACANCIES.--
447	(a)  Vacancies.--The office of a commission member shall
448	become vacant upon his or her death, resignation, or removal
449	from office in any manner authorized by law or by forfeiture of
450	his or her office.
451	(b)  Forfeiture of office.--
452	1.  A commission member shall forfeit his or her office if
453	at any time during his or her term he or she ceases to maintain
454	his or her permanent residence in the city or if he or she
455	otherwise ceases to be a qualified elector of the city.
456	2.  A commission member shall be subject to forfeiture of
457	his or her office, in the discretion of the remaining commission
458	members, if he or she is absent without good cause from any
459	three consecutive regular meetings of the commission during any
460	calendar year or if he or she is absent without good cause from
461	any four regular meetings of the commission within any 12-month
462	period.
463	3.  The commission shall be the sole judge of the
464	qualifications of its members and shall hear all questions
465	relating to forfeiture of a commission member's office,
466	including whether or not good cause for absence has been or may
467	be established. The burden of establishing good cause shall be
468	on the commission member in question; however, any commission
469	member may at any time during any duly held meeting move to
470	establish good cause for his or her absence or the absence of
471	any other commission member, from any past, present, or future
472	meeting or meetings, which motion, if carried, shall be
473	conclusive. A commission member whose qualifications are in
474	question or who is otherwise subject to forfeiture of his or her
475	office shall not vote on any such matters. The commission member
476	in question shall be entitled to a public hearing on request
477	regarding an alleged forfeiture of office. If a public hearing
478	is requested, notice thereof shall be published in one or more
479	newspapers of general circulation in the city at least 1 week in
480	advance of the hearing. Any final determination by the
481	commission that a commission member has forfeited his or her
482	office shall be made by resolution. All votes and other acts of
483	the commission member in question prior to the effective date of
484	such resolution shall be valid regardless of the grounds of
485	forfeiture.
486	(c)  Filling of vacancies.--A vacancy on the commission
487	shall be filled as follows:
488	1.  If less than 1 year remains in the unexpired term, the
489	vacancy shall be filled by the commission within 30 days.
490	2.  If 1 year or more remains in the unexpired term, the
491	vacancy shall be filled by a special election to be held not
492	sooner than 30 days or more than 60 days following the
493	occurrence of the vacancy.
494	3.  Persons filling vacancies shall meet the qualifications
495	specified in this section.
496	4.  If no candidate for a vacancy meets the qualifications
497	under this section for that vacancy, the commission shall
498	appoint a person qualified under this section to fill the
499	vacancy.
500	5.  Notwithstanding any quorum requirements established
501	herein, if at any time the full membership of the commission is
502	reduced to less than a quorum, the remaining members may, by
503	majority vote, appoint additional members to the extent
504	otherwise permitted or required under this subsection.
505	6.  In the event that all the members of the commission are
506	removed by death, disability, recall, forfeiture of office, or
507	resignation, or any combination thereof, the Governor shall
508	appoint interim commission members who shall call a special
509	election within not less than 30 days or more than 60 days after
510	such appointment. Such election shall be held in the same manner
511	as the initial elections under this charter. However, if there
512	are less than 6 months remaining in the unexpired terms, the
513	interim commission appointed by the Governor shall serve out the
514	unexpired terms. Appointees must meet all requirements for
515	candidates provided for in this section.
516	(7)  Compensation; reimbursement for expenses.--
517	(a)  The commission members shall be compensated at the
518	rate of $300 per month. The mayor shall be compensated at the
519	rate of $400 per month. The mayor and commission shall receive
520	reimbursement in accordance with applicable law, or as may be
521	otherwise provided by ordinance, for authorized travel and per
522	diem expenses incurred in the performance of their official
523	duties.
524	(b)  An ordinance establishing, increasing, or decreasing
525	compensation of the mayor or commission may be adopted at any
526	time; however, in no event shall any establishment of
527	compensation or any increase in compensation become effective
528	prior to the first day of the first month following the first
529	regular election of the city subsequent to the adoption of such
530	ordinance.
531	(8)  RULES OF PROCEDURE.--The commission shall determine
532	its own rules of procedure.
533	Section 3.  Administrative.--
534	(1)  CITY ADMINISTRATOR.--There shall be a city
535	administrator (the "administrator"), who shall be the chief
536	administrative officer of the city. The administrator shall be
537	responsible to the commission for the administration of all city
538	affairs.
539	(2)  APPOINTMENT; REMOVAL; COMPENSATION.--The commission
540	shall appoint a qualified individual or firm for an indefinite
541	term by an affirmative vote of at least four commission members.
542	The commission may remove the administrator at any time by an
543	affirmative vote of at least four commission members. For voting
544	purposes, the mayor shall be considered as a commission member.
545	The compensation and benefits of the administrator shall be
546	fixed by the commission. Any consideration of the removal of the
547	administrator must be an agenda item with public notice given.
548	(3)  POWERS AND DUTIES OF THE ADMINISTRATOR.--The
549	administrator shall:
550	(a)  Be responsible for the hiring, supervision, and
551	removal of all city employees.
552	(b)  Direct and supervise the administration of all
553	departments and offices, but not city boards or agencies, unless
554	so directed by the commission from time to time.
555	(c)  Attend all commission meetings and have the right to
556	take part in discussion, but not the right to vote.
557	(d)  Ensure that all laws, provisions of this charter, and
558	acts of the commission, subject to enforcement or administration
559	by him or her or by officers subject to his or her direction and
560	supervision, are faithfully executed.
561	(e)  Prepare and submit to the commission a proposed annual
562	budget and capital program.
563	(f)  Submit to the commission and make available to the
564	public an annual report on the finances and administrative
565	activities of the city as of the end of each fiscal year.
566	(g)  Prepare such other reports as the commission may
567	require concerning the operations of city departments, offices,
568	boards, and agencies.
569	(h)  Keep the commission fully advised as to the financial
570	condition and future needs of the city and make such
571	recommendations to the commission concerning the affairs of the
572	city as he or she deems to be in the best interests of the city.
573	(i)  Execute, with the mayor, contracts, deeds, and other
574	documents on behalf of the city, as authorized by the
575	commission.
576	(j)  Implement the purchase code and guidelines adopted by
577	the commission for the acquisition of goods and services for the
578	city.
579	(k)  Perform such other duties as are specified in this
580	charter or as may be required by the commission.
581	(4)  ABSENCE OR DISABILITY OF ADMINISTRATOR.--To perform
582	his or her duties during his or her temporary absence or
583	disability, the administrator may designate, by letter filed
584	with the city clerk, a qualified administrative officer of the
585	city. In the event of failure of the administrator to make such
586	designation, or should the person so designated by the city
587	administrator be unsatisfactory to the commission, the
588	commission may by resolution appoint an officer of the city to
589	perform the duties of the administrator until he or she shall
590	return or his or her disability shall cease.
591	(5)  BOND OF ADMINISTRATOR.--The administrator shall
592	furnish a surety bond to be approved by the commission, and in
593	such amount as the commission may fix, said bond to be
594	conditioned on the faithful performance of his or her duties.
595	The premium of the bond shall be paid by the city.
596	(6)  CITY CLERK.--The administrator shall appoint a city
597	clerk or management firm to serve as city clerk (the "clerk").
598	The clerk shall give notice of commission meetings to its
599	members and the public, shall keep minutes of its proceedings,
600	and shall perform such other duties as the commission or
601	administrator may prescribe from time to time. The clerk shall
602	report to the administrator.
603	(7)  CITY ATTORNEY.--The commission shall appoint a
604	qualified individual or firm to serve as the city attorney for
605	an indefinite term by an affirmative vote of at least four
606	commission members. The commission members may remove the city
607	attorney at any time by an affirmative vote of at least four
608	commission members. The compensation and benefits of the city
609	attorney shall be fixed by the commission. The city attorney
610	shall report to the commission. The city attorney shall take
611	office immediately on appointment, and the terms and conditions
612	shall subsequently be reduced to a written contract. The
613	commission shall have the authority to engage such additional
614	legal counsel as it deems advisable and necessary.
615	(8)  POWERS AND DUTIES OF THE CITY ATTORNEY.--The city
616	attorney or other attorney, designated and approved by the
617	commission, shall, to the extent required by the commission:
618	(a)  Attend all regular and special meetings of the
619	commission.
620	(b)  Act as the legal advisor to and counselor for the city
621	and its officers in the matters relating to their official
622	duties.
623	(c)  Approve all contracts, bonds, and other instruments in
624	which the city is concerned and shall endorse on each his or her
625	approval of the form and correctness thereof. No contract with
626	the city shall take effect until his or her approval is so
627	endorsed thereon.
628	(d)  When requested to do so by the commission, prosecute
629	and defend on behalf of the city all complaints, suits, and
630	controversies in which the city is a party.
631	(e)  When so requested, furnish the mayor, commission, or
632	administrator his or her opinion on any question of law
633	involving the respective powers and duties of the mayor,
634	commission, or administrator.
635	(f)  Perform such other professional duties as required of
636	him or her by resolution of the commission or as prescribed for
637	municipal attorneys in the general laws of the state which are
638	not inconsistent with this charter.
639	(9)  EXPENDITURE OF CITY FUNDS.--No funds of the city shall
640	be expended except pursuant to duly approved appropriations or
641	for the payment of bonds, notes, or other indebtedness duly
642	authorized by the commission and only from such funds so
643	authorized.
644	(10)  City boards and agencies.--Except as otherwise
645	provided by law, the commission may establish or terminate such
646	boards and agencies as it may deem advisable from time to time.
647	The boards and agencies shall report to the commission. Members
648	of boards and agencies shall be appointed by the commission by
649	resolution.
650	Section 4.  Legislative.--
651	(1)  COMMISSION MEETING PROCEDURE.--
652	(a)  Meetings.--The commission shall hold at least 11
653	monthly meetings in each fiscal year at such times and places as
654	the commission may prescribe by rule. No meeting shall extend
655	beyond 11 p.m. local time. Notwithstanding the aforesaid, the
656	commission may conclude debate and voting on any agenda item
657	under consideration at 11 p.m. Special meetings may be held upon
658	the call of the mayor or upon the call of three members of the
659	commission, and upon no less than 24 hours' notice to each
660	member and the public, or such shorter time as a majority of the
661	commission shall deem necessary in case of an emergency
662	affecting life, health, property, or the public peace.
663	(b)  Quorum and voting.--Except as otherwise provided in
664	this charter, any three members of the commission shall
665	constitute a quorum. The affirmative vote of three members of
666	the commission shall be required for any legislative action. All
667	voting shall be by roll call.
668	(2)  PROHIBITIONS.--
669	(a)  Appointments and removals.--Neither the commission nor
670	any of its members shall in any manner dictate the appointment
671	or removal of any city administrative officers or employees whom
672	the administrator or any of his or her subordinates is empowered
673	to appoint, but the commission members may express their views
674	and fully and freely discuss with the administrator anything
675	pertaining to appointment and removal of such officers and
676	employees.
677	(b)  Interference with administration.--Except for the
678	purpose of inquiries and investigations made in good faith, the
679	commission or its members shall deal with city officers and
680	employees who are subject to the direction and supervision of
681	the administrator solely through the administrator, and neither
682	the commission nor its members shall give orders to any such
683	officer or employee, either publicly or privately. It is the
684	express intent of this charter that recommendations for
685	improvement in city government operations by individual
686	commission members be made solely to and through the
687	administrator. Commission members may discuss with the
688	administrator any matter of city business; however, no
689	individual commission member shall give orders to the
690	administrator.
691	(c)  Holding other office.--No elected city official shall
692	hold any appointive city office or city employment while in
693	office. No former elected city official shall hold any
694	compensated appointive city office or city employment until 1
695	year after the expiration of his or her term.
696	(3)  EMERGENCY ORDINANCES.--
697	(a)  Authorization; form.--To meet a public emergency
698	affecting life, health, property, or the public peace, the
699	commission may adopt, in the manner provided by Florida
700	Statutes, one or more emergency ordinances, but such ordinances
701	may not enact or amend a land use plan or rezone private
702	property; levy taxes; grant, renew, or extend any municipal
703	franchise; set service or user charges for any municipal
704	services; or authorize the borrowing of money, except as
705	provided under the emergency appropriations provisions of this
706	charter, if applicable. An emergency ordinance shall be
707	introduced in the form and manner prescribed for ordinances
708	generally, except that it shall be plainly designated in a
709	preamble as an emergency ordinance and shall contain, after the
710	enacting clause, a declaration stating that an emergency exists
711	and describing it in clear and specific terms.
712	(b)  Procedure.--Upon the affirmative vote of four
713	commission members, an emergency ordinance may be adopted with
714	or without amendment or rejected at the meeting at which it is
715	introduced. For voting purposes, the mayor shall be considered
716	as a member of the commission. After its adoption, the ordinance
717	shall be advertised and printed as prescribed for other
718	ordinances.
719	(c)  Effective date.--Emergency ordinances shall become
720	effective upon adoption or at such other date as may be
721	specified in the ordinance.
722	(d)  Repeal.--Every emergency ordinance, except emergency
723	appropriation ordinances, shall automatically be repealed as of
724	the 61st day following its effective date, but this shall not
725	prevent reenactment of the ordinance under regular procedures
726	or, if the emergency still exists, in the manner specified in
727	this section. An emergency ordinance may also be repealed by
728	adoption of a repealing ordinance in the same manner specified
729	in this section for adoption of emergency ordinances.
730	(e)  Emergency appropriations.--To meet a public emergency
731	affecting life, health, property, or the public peace, the
732	commission, by resolution, may make emergency appropriations. To
733	the extent that there are no unappropriated revenues to meet
734	such appropriation, the commission may by such emergency
735	resolution authorize the issuance of emergency notes, which may
736	be renewed from time to time, but the emergency notes and
737	renewals in any fiscal year shall be paid not later than the
738	last day of the fiscal year succeeding that in which the
739	emergency appropriations were made.
740	(4)  ANNUAL BUDGET ADOPTION.--
741	(a)  Balanced budget.--Each annual budget adopted by the
742	commission shall not provide for expenditures in an amount
743	greater than the revenues budgeted.
744	(b)  Budget adoption.--The budget shall be adopted in
745	accordance with applicable Florida Statutes and any amendments
746	thereto.
747	(c)  Specific appropriation.--The budget shall be specific
748	as to the nature of each category of appropriations. Reasonable
749	appropriations may be made for contingencies, but only within
750	defined spending categories.
751	(5)  FISCAL YEAR.--The fiscal year of the city government
752	shall begin on the first day of October and shall end on the
753	last day of September of the following calendar year, unless
754	otherwise defined by Florida Statutes. Such fiscal year shall
755	also constitute the annual budget and accounting year.
756	(6)  APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR.--
757	(a)  Supplemental appropriations.--If, during any fiscal
758	year, revenues in excess of those estimated in the annual budget
759	are available for appropriation, the commission may by ordinance
760	make supplemental appropriations for the fiscal year up to the
761	amount of such excess.
762	(b)  Reduction of appropriations.--If, at any time during
763	the fiscal year, it appears probable to the administrator that
764	the revenues available will be insufficient to meet the amounts
765	appropriated, he or she shall report to the commission without
766	delay, indicating the estimated amount of the deficit and his or
767	her recommendations as to the remedial action to be taken. The
768	commission shall then take such action as it deems appropriate
769	to prevent any deficit spending not covered by adequate
770	reserves.
771	(7)  AUTHENTICATION, RECORDING, AND DISPOSITION OF
772	ORDINANCES, RESOLUTIONS, AND CHARTER AMENDMENTS.--
773	(a)  Authentication.--The mayor and the clerk shall
774	authenticate, by their signatures, all ordinances and
775	resolutions adopted by the commission. In addition, when charter
776	amendments have been approved by the electors, the mayor and the
777	clerk shall authenticate, by their signatures, the charter
778	amendment, such authentication to reflect the approval of the
779	charter amendment by the electorate.
780	(b)  Recording.--The clerk shall keep properly indexed
781	books in which shall be recorded, in full, all ordinances and
782	resolutions enacted or passed by the commission. Ordinances
783	shall, at the direction of the commission, be periodically
784	codified. The clerk shall also maintain the charter in current
785	form as to all amendments.
786	(c)  Printing.--The commission shall, by ordinance,
787	establish procedures for making all resolutions, ordinances,
788	technical codes adopted by reference, and this charter available
789	for public inspection and available for purchase at a reasonable
790	price.
791	(8) BORROWING.--
792	(a)  Subject to the referendum requirements of the State
793	Constitution, if applicable, the city may from time to time
794	borrow money and issue bonds or other obligations or evidence of
795	indebtedness (collectively, "bonds") of any type or character
796	for any of the purposes for which the city is now or hereafter
797	authorized by law to borrow money, including to finance the cost
798	of any capital or other project and to refund any and all
799	previous issues of bonds at or prior to maturity. Such bonds may
800	be issued pursuant to one or more resolutions adopted by a
801	majority of the commission.
802	(b)  The city may assume all outstanding indebtedness
803	related to facilities it acquires from other units of local
804	government and be liable for payment thereon in accordance with
805	its terms.
806	(9)  INDEPENDENT AUDIT.--The commission shall provide for
807	an independent annual audit of all city accounts and may provide
808	for more frequent audits as it deems necessary. Such audits
809	shall be made by a certified public accountant or firm of such
810	accountants who have no personal interest, direct or indirect,
811	in the fiscal affairs of the city government or any of its
812	officers.
813	Section 5.  Elections.--
814	(1)  ELECTORS.--Any person who is a resident of the city,
815	has qualified as an elector of the state, and registers to vote
816	in the manner prescribed by law shall be an elector of the city.
817	(2)  NONPARTISAN ELECTIONS.--All elections for the offices
818	of commission member and mayor shall be conducted on a
819	nonpartisan basis.
820	(3)  ELECTION DATES.--A special election shall be held on
821	the second Tuesday in March 2005 and regular elections shall be
822	held every 2 years thereafter according to the provisions of
823	this charter.
824	(4)  GENERAL ELECTION.--The ballot for the general election
825	shall contain the names of all qualified candidates for mayor if
826	the mayor's term is expiring and for each of the two commission
827	seats which are to be filled at that election as a result of two
828	commission members' terms expiring, and shall instruct electors
829	to cast one vote for mayor, if applicable, and one vote for each
830	commission seat, with a maximum of one vote per candidate. The
831	candidate for mayor receiving the most votes shall be the duly
832	elected mayor. The candidate receiving the most votes in each
833	designated commission seat, respectively, shall be the duly
834	elected commission member for that designated commission seat.
835	(5)  SPECIAL ELECTIONS.--Special elections, when required,
836	shall be scheduled by the commission at such times and in such
837	manner as shall be consistent with this charter and state law.
838	(6)  SINGLE CANDIDATES.--No election for mayor or any
839	commission seat shall be required in any election if there is
840	only one duly qualified candidate for mayor or for any
841	commission seat.
842	(7)  COMMENCEMENT OF TERMS.--The term of office of any
843	elected official shall commence immediately after the election.
844	(8)  OATH.--All elected officers, before entering upon
845	their duties, shall take and subscribe to the following oath of
846	office:
847
848	I do solemnly swear (or affirm) that I will support,
849	protect, and defend the Constitution and Government of
850	the United States and of the State of Florida, and the
851	charter of the City of West Park; that I am duly
852	qualified to hold office under the Constitution of the
853	State and the charter of the City of West Park; and
854	that I will well and faithfully perform the duties of
855	(Mayor or commission member) upon which I am now about
856	to enter. (So help me God.)
857
858	(9)  ELECTION LAWS.--The election laws of the state shall
859	apply to all elections.
860	(10)  RECALL.--The registered electors of the city shall
861	have the power to recall and to remove from office any elected
862	official of the city as provided by general law of the state.
863	Section 6.  Charter amendments.--
864	(1)  CHARTER AMENDMENTS.--This charter may be amended in
865	accordance with the provisions of this section.
866	(2)  PROCEDURE TO AMEND.--
867	(a)  Initiation.--This charter may be amended in two ways:
868	1.  By ordinance.--The commission may, by ordinance,
869	propose amendments to this charter and, upon passage of the
870	initiating ordinance, shall submit the proposed amendment to a
871	vote of the electors at the next general election held within
872	the city or at a special election called for such purpose.
873	2.  By petition.--The electors of the city may propose
874	amendments to this charter by petition pursuant to the
875	requirements of chapter 166, Florida Statutes, as amended.
876	(b)  Submission to electors.--Upon certification of the
877	sufficiency of a petition, the commission shall submit the
878	proposed amendment to a vote of the electors at a general
879	election or special election to be held not less than 60 days or
880	more than 120 days from the date on which the petition was
881	certified or at a special election called for such purpose.
882	(c)  Results of election.--If a majority of the qualified
883	electors voting on a proposed amendment votes for its adoption,
884	it shall be considered adopted upon certification of the
885	election results. If conflicting amendments are adopted at the
886	same election, the one receiving the greatest number of
887	affirmative votes shall prevail to the extent of such conflict.
888	(3)  APPOINTMENT OF CHARTER REVIEW COMMITTEE.--The
889	commission shall appoint a charter review committee, which shall
890	contain at least five registered electors who are residents of
891	the city and whose responsibilities shall include the review and
892	analysis of the charter and recommendations to the commission of
893	proposed charter amendments, including, without limitation,
894	issues such as district voting versus citywide elections for
895	commission members. All recommendations of the charter review
896	committee shall be considered by the commission at least once
897	every 4 years, and the commission may by ordinance propose
898	amendments to this charter upon recommendation of the charter
899	review committee. Upon passage of the initiating ordinance, the
900	commission shall submit the proposed amendment to a vote of the
901	electors of the city at the next general election held within
902	the city or at a special election called for such purpose.
903	Section 7.  General provisions.--
904	(1)  SEVERABILITY.--If any section or part of any section
905	of this charter shall be held invalid by a court of competent
906	jurisdiction, such holding shall not affect the remainder of
907	this charter or the context in which such section or part of a
908	section so held invalid may appear, except to the extent that an
909	entire section or part of a section may be inseparably connected
910	in meaning and effect with the section or part of a section to
911	which such holding shall directly apply.
912	(2)  CONFLICTS OF INTEREST; ETHICAL STANDARDS.--All
913	commission members, officials, and employees of the city shall
914	be subject to the standards of conduct for public officers and
915	employees set by federal, state, county, or other applicable
916	law.
917	(3)  CITY PERSONNEL SYSTEM.--All new employments,
918	appointments, and promotions of city officers and employees
919	shall be made pursuant to personnel procedures to be established
920	by the administrator from time to time.
921	(4)  CHARITABLE CONTRIBUTIONS.--The city shall not make any
922	charitable contribution to any person or entity unless
923	authorized by the commission.
924	(5)  VARIATION OF PRONOUNS.--All pronouns and any
925	variations thereof used in this charter shall be deemed to refer
926	to masculine, feminine, neutral, singular, or plural as the
927	identity of the person or persons shall require and are not
928	intended to describe, interpret, define, or limit the scope,
929	extent, or intent of this charter.
930	(6)  CALENDAR DAY.--For the purposes of this charter, a day
931	shall mean a calendar day.
932	Section 8.  Transition provisions.--
933	(1)  CREATION AND ESTABLISHMENT OF CITY.--The City of West
934	Park is hereby created and established effective March 1, 2005.
935	(2)  INITIAL ELECTION OF COMMISSION MEMBERS; DATES;
936	QUALIFYING PERIOD; CERTIFICATION OF ELECTION RESULTS; INDUCTION
937	INTO OFFICE.--
938	(a)  Dates.--Following the adoption of this charter by the
939	electorate, a special election for the election of the mayor and
940	four commission members shall be held on March 8, 2005.
941	(b)  Qualifying period.--Any individual wishing to run for
942	mayor or one of the four commission seats who is a qualified
943	elector of the city and has resided continuously within the
944	corporate boundaries described in this act for 1 year shall
945	qualify as a candidate with the Broward County Supervisor of
946	Elections between January 2 and January 15, 2005, in accordance
947	with the provisions of this charter and general law.
948	(c)  Certification of election results.--For the initial
949	election, a canvassing board shall be appointed by the Board of
950	County Commissioners of Broward County to certify the results of
951	the election. At the first election under this charter, the four
952	candidates for commission member receiving the highest number of
953	votes shall be elected. At such initial election, seats shall
954	not be designated. Of the elected candidates, the two receiving
955	the greatest number of votes shall serve until their successors
956	are elected on the second Tuesday in March 2009 and assume the
957	duties of the office, and the remaining two shall serve until
958	their successors are elected on the second Tuesday in March 2007
959	and assume the duties of the office.  The candidate receiving
960	the highest number of votes shall occupy seat 1; the candidate
961	receiving the second highest number shall occupy seat 2; the
962	candidate receiving the third highest number shall occupy seat
963	3; and the candidate receiving the fourth highest number shall
964	occupy seat 4. Thereafter, all commission members shall be
965	elected for 4-year terms. The mayoral candidate receiving the
966	highest number of votes shall be elected. The mayor shall be
967	elected at the first election to serve until his or her
968	successor is elected on the second Tuesday in March 2007 and
969	assumes the duties of the office, and for a 4-year term at all
970	subsequent elections.
971	(d)  Induction into office.--Those candidates who are
972	elected on March 8, 2005, shall take office at the initial
973	commission meeting, which shall be held at 7:30 p.m. on March
974	10, 2005, at a place to be designated by the mayor.
975	(3)  TEMPORARY NATURE OF SUBSECTIONS (4)-(10).--The
976	following subsections of this section are inserted solely for
977	the purpose of effecting the incorporation of the city and the
978	transition to a new municipal government. Subsections (4)-(10)
979	of this section shall automatically, and without further vote or
980	act of the electors of the city, become ineffective and no
981	longer a part of this charter at such time as the implementation
982	of such section has been accomplished.
983	(4)  INTERIM ADOPTION OF CODES AND ORDINANCES.--Until
984	otherwise modified or replaced by this charter or the
985	commission, all codes, ordinances, and resolutions of Broward
986	County, Florida, in effect on the day of adoption of this
987	charter shall, to the extent applicable to the city, remain in
988	force and effect as municipal codes, ordinances, and resolutions
989	of the city. Until otherwise determined by the commission, said
990	codes, ordinances, and resolutions shall be applied,
991	interpreted, and implemented by the city in a manner consistent
992	with established policies of Broward County on the date of this
993	charter.
994	(5)  TAXES AND FEES.--Until otherwise modified by the
995	commission, all municipal taxes and fees imposed within the city
996	boundaries by the county as the municipal government for
997	unincorporated Broward County, which taxes and fees are in
998	effect on the date of adoption of this charter, shall continue
999	at the same rate and on the same conditions as if those taxes
1000	and fees had been adopted and assessed by the city.
1001	(6)  FIRST YEAR EXPENSES.--The commission, in order to
1002	provide moneys for the expenses and support of the city, shall
1003	have the power to borrow money necessary for the operation of
1004	city government until such time as a budget is adopted and
1005	revenues are raised in accordance with the provisions of this
1006	charter.
1007	(7)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The
1008	commission shall adopt ordinances and resolutions required to
1009	effect the transition. Ordinances adopted within 60 days after
1010	the first commission meeting may be passed as emergency
1011	ordinances. These transitional ordinances shall be effective for
1012	no longer than 90 days after adoption and thereafter may be
1013	readopted, renewed, or otherwise continued only in the manner
1014	normally prescribed for ordinances.
1015	(8)  STATE SHARED REVENUES.--The city shall be entitled to
1016	participate in all shared revenue programs of the state,
1017	effective immediately on the date of incorporation. The
1018	provisions of section 218.23, Florida Statutes, shall be waived
1019	for the purpose of eligibility to receive revenue sharing from
1020	the date of incorporation through the end of the state fiscal
1021	year 2005-2006. The provisions of section 218.26(3), Florida
1022	Statutes, shall be waived for the fiscal year 2005-2006, and the
1023	apportionment factors for the municipalities and counties shall
1024	be recalculated pursuant to section 218.245, Florida Statutes.
1025	The initial population estimates for calculating eligibility for
1026	shared revenues shall be determined by the University of Florida
1027	Bureau of Economic and Business Research as of the effective
1028	date of this charter. Should the bureau be unable to provide an
1029	appropriate population estimate, the initial population for
1030	calculating eligibility for shared revenues shall be established
1031	at the level of 12,750.
1032	(9)  GAS TAX REVENUES.--Notwithstanding the requirements of
1033	section 336.025, Florida Statutes, to the contrary, the city
1034	shall be entitled to receive local option gas tax revenues
1035	beginning October 1, 2005. These revenues shall be distributed
1036	in accordance with the interlocal agreement with Broward County.
1037	(10)  SHARED REVENUES.--Broward County shall distribute to
1038	the city, from taxes, franchise fees, and ad valorem taxes,
1039	revenues collected within the municipal boundaries of the city.
1040	This calculation shall be based upon a population projection of
1041	12,750.
1042	Section 9.  Within 1 year after the date of incorporation
1043	of West Park, the City Commission of the City of West Park may,
1044	by ordinance, upon four-fifths vote, amend the charter of the
1045	City of West Park and rename said city.
1046	Section 10.  This act shall only take effect upon approval
1047	by a majority of those qualified electors residing within the
1048	proposed corporate limits of the proposed City of West Park as
1049	described in section 1(3) of the charter, voting in a referendum
1050	election to be called by the Board of County Commissioners of
1051	Broward County and to be held on November 2, 2004, in accordance
1052	with the provisions relating to elections currently in force
1053	except that:
1054	(1)  This section of the charter shall take effect upon
1055	this act becoming a law.
1056	(2)  If a majority of the qualified voters voting do not
1057	approve this act then this act shall not take effect.
1058	(3)  If approved by a majority of the qualified voters
1059	voting then this act and charter shall take effect upon
1060	certification of the election results by the Broward County
1061	Supervisor of Elections.

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