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 the city commission to rename the city under certain
44	circumstances; providing an effective date.
45
46	Be It Enacted by the Legislature of the State of Florida:
47
48	Section 1.  Corporate existence; form of government;
49	boundary and powers.--
50	(1)  CORPORATE EXISTENCE.--In order to preserve, protect,
51	and enhance the quality of life and residential character of
52	West Park, a municipal corporation known as the City of West
53	Park (the "city") is hereby created pursuant to the Constitution
54	of the State of Florida (the "State"). The corporate existence
55	of the city shall commence upon approval of  the electorate and
56	pursuant to the provisions of this charter.
57	(2)  FORM OF GOVERNMENT.--The city shall have a
58	"commission-administrator" form of government.
59	(3)  CORPORATE BOUNDARY.--
60
61	A portion of Sections 29 and 30, Township 51 South,
62	Range 42 East, Broward County, Florida, described as
63	follows:
64
65	Beginning at a point on the South line of said Section
66	30, said  point being 535.00 feet Westerly of the
67	Southeast corner of said Section 30, as measured along
68	said South line;
69
70	Thence along the municipal boundary of the Town of
71	Pembroke Park, as established by Chapter 63-1772, Laws
72	of Florida, the following 23 courses and distances;
73
74	Thence Northerly a distance of 50 feet to the
75	Southwest corner of Tract "N" of a subdivision known
76	as "LAKE  FOREST SECTION  3", as recorded in Plat Book
77	35, Page 15, of the Public Records of Broward County,
78	Florida;
79
80	Thence continue Northerly along the West boundary of
81	said Tract "N" to the Northwest corner of said Tract
82	"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
92	One-Quarter (SE 1/4) of said Section 30;
93
94	Thence continue Easterly along said centerline a
95	distance 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
101	00?15'07" East a distance of 100 feet, to a point;
102
103	Thence Easterly a distance of 80.64 feet on a bearing
104	of North 82?30'53" East to the Northwesterly corner of
105	Lot 4, Block 21 of said subdivision of "LAKE FOREST
106	SECTION 3";
107
108	Thence Southerly along the Westerly lines of Lots 4,
109	5, and 6 of said Block 21 a distance of 246 feet to
110	the 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
114	corner 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
121	South boundary of said Block 31 a distance of 800 feet
122	to a point on the East boundary of the Southwest One-
123	Quarter (SW 1/4) of said Section 29;
124
125	Thence run Northerly and along the West boundary of
126	the Southeast One-Quarter (SE 1/4) of said Section 29
127	to the Northwest corner of said Southeast One-Quarter
128	(SE 1/4) of said Section 29;
129
130	Thence continue Northerly along the West boundary of
131	the Northeast One-Quarter (NE 1/4) of said Section 29
132	to a point 265 feet South of the Northeast corner of
133	the South One-Half (S 1/2) of the Northwest One-
134	Quarter (NW 1/4) of said Section 29;
135
136	Thence Westerly along the North boundary of Lot 21,
137	Block 37 of the subdivision of "LAKE FOREST SECTION
138	4", as recorded in Plat Book 43, Page 45, of the
139	Public Records of Broward County, Florida, to the
140	Northwest corner of said Lot 21;
141
142	Thence continue Westerly to the Southeast corner of
143	Tract "R", Block 40 of said subdivision of "LAKE
144	FOREST 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
156	said Block 40 and along the South boundary of Block 50
157	of 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"
161	of 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
167	36;
168
169	Thence Westerly along the South boundary of said Tract
170	"Q" and the extension thereof for a distance of 171.53
171	feet to a point on the West boundary of the Northeast
172	One-Quarter (NE 1/4) of said Section 30 said point
173	also being on the municipal boundary of the Town of
174	Pembroke Park, as established by Chapter 70-878, Laws
175	of Florida;
176
177	Thence Southerly along said municipal boundary and the
178	East line of the West One-Half (W 1/2) of said Section
179	30 to the Southwest corner of the Southeast One-
180	Quarter (SE 1/4) of said Section 30;
181
182	Thence Easterly along the South line of said Section
183	30 to the POINT OF BEGINNING.
184
185	TOGETHER WITH
186
187	Beginning at the Southwest corner of the Southeast
188	quarter of Section 29, Township 51 South, Range 42
189	East, run Westerly along the South boundary of the
190	Southwest quarter of said Section 29-51-42 to the
191	Southwest corner of Section 29-51-42 which is a common
192	corner of Sections 29 and 30, Township 51 South, Range
193	42 East and Sections 5 and 6, Township 52 South, Range
194	42 East; thence continue Westerly along the South
195	boundary of Section 30-51-42 a distance of 535.00
196	feet; thence Northerly a distance of 50 feet to the
197	Southwest corner of Tract ?N' of a subdivision known
198	as "LAKE FOREST SECTION 3" as recorded in Plat Book
199	35, Page 15 of the Public Records of Broward County,
200	Florida; thence continue Northerly along the West
201	boundary of said Tract ?N' to the Northwest corner of
202	said Tract ?N'; thence continue Northerly a distance
203	of 25 feet to the center line of Lime Tree Concourse
204	which is a dedicated street of the subdivision of
205	"LAKE FOREST SECTION 3"; thence Easterly along the
206	center line of said Lime Tree Concourse to a point of
207	intersection of the said center line with the East
208	boundary of the Southeast quarter of Section 30-51-42;
209	thence continue Easterly along said center line a
210	distance of 305.10 feet; thence Southerly to the
211	Northeasterly corner of Tract ?O' of said subdivision
212	of "LAKE FOREST SECTION 3"; thence continue Southerly
213	on a bearing of South 0? 15' 07" East a distance of
214	100 feet to a point; thence Easterly a distance of
215	80.64 feet on a bearing of North 82? 30' 53" East to
216	the northwesterly corner of Lot 4, Block 21 of said
217	subdivision of "LAKE FOREST SECTION 3"; thence
218	Southerly along the Westerly lines of Lots 4 and 5,
219	and 6 of said Block 21 a distance of 246 feet to the
220	Northwest corner of Lot 33 of said Block 21; thence
221	Southerly along the West line of Lot 33 of said Block
222	21 a distance of 145 feet to the Southwest corner of
223	said Lot 33; thence Easterly along the South
224	boundaries of Blocks 21 and 31 to the Southeast corner
225	of Block 31 of said subdivision of "LAKE FOREST
226	SECTION 3"; thence continue Easterly along a
227	projection of the South boundary of said Block 31 a
228	distance of 800 feet to a point on the East boundary
229	of the Southwest quarter of Section 29-51-42; thence
230	Southerly and along the East boundary of said
231	Southwest quarter of Section 29-51-42 to the point of
232	beginning; said lands situate, lying and being in
233	Broward County, Florida.
234
235	TOGETHER WITH
236
237	The South 15 feet of the Southwest quarter of Section
238	30, Township 51 South, Range 42 East. Broward County,
239	Florida.
240
241	TOGETHER WITH
242
243	A portion of Sections 24 and 25, Township 51 South,
244	Range 41 East, and Sections 19, 29 and 30, Township 51
245	South, Range 42 East, Broward County, Florida,
246	described as follows:
247
248	BEGINNING at the Northeast corner of the South One-
249	Half (S 1/2) of said Section 19, also being a point on
250	the municipal boundary of the City of Hollywood, as
251	established by Chapter 59-1369, Laws of Florida;
252
253	Thence Westerly along the North line of said South
254	One-Half (S 1/2) to the East line of the Southwest
255	One-Quarter (SW 1/4) of the Northwest One-Quarter (NW
256	1/4) of said Section 19, also being a point on the
257	municipal boundary of the City of Hollywood, as
258	established by Chapter 63-1426, Laws of Florida;
259
260	Thence continue Westerly along said North line, along
261	the North line of the Southeast One-Quarter (SE 1/4)
262	of said Section 24 and along said municipal boundary
263	to the West line of the Northeast One-Quarter (NE 1/4)
264	of the Southeast One-Quarter (SE 1/4) of said Section
265	24;
266
267	Thence continue along said municipal boundary to the
268	centerline of right of way of Southwest 17 Street
269	(Pembroke Road);
270
271	Thence continue along said municipal  boundary and
272	along said centerline to a point on the centerline of
273	State Road No. 7 (U.S. 441) also known as Southwest 60
274	Avenue, said point also being on the municipal
275	boundary of the City of Miramar, as established by
276	Ordinance No. 72-14 of the City of Miramar;
277
278	Thence Southerly along said centerline and said
279	municipal boundary over and across said Sections 24
280	and 25 to a point of intersection with the South line
281	of said Section 25;
282
283	Thence Easterly along said South line to the East line
284	of said Section 25 and a point on the municipal
285	boundary of the Town of Pembroke Park, as established
286	by Chapter 70-878, Laws of Florida;
287
288	Thence along said municipal boundary the following 6
289	courses;
290
291	Thence Northerly along said East line to the Southwest
292	corner of the Northwest One-Quarter (NW 1/4) of the
293	Southwest One-Quarter (SW 1/4) of the Southwest One-
294	Quarter (SW 1/4) of said Section 30;
295
296	Thence Easterly along said South line to the Southeast
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 Northerly along the West line of the East
302	Three-Quarters (E 3/4) of the Southwest One-Quarter
303	(SW 1/4) of said Section 30 to the Northeast corner of
304	the South One-Half (S 1/2) of the Southwest One-
305	Quarter (SW 1/4) of the Northwest One-Quarter (NW 1/4)
306	of the Southwest One-Quarter (SW 1/4) of said Section
307	30;
308
309	Thence Westerly along the North line of said South
310	One-Half (S 1/2) to the West line of said Section 30;
311
312	Thence Northerly along the said West line to the
313	Northwest corner of the South One-Half (S 1/2) of the
314	Northwest One-Quarter (NW 1/4) of said Section 30;
315
316	Thence Easterly along the North line of said South
317	One-Half (S 1/2) to the Northeast corner of said South
318	One-Half (S 1/2), said point also being on the
319	municipal boundary of the Town of Pembroke Park, as
320	established by Chapter 63-1772, Laws of Florida;
321
322	Thence along said municipal boundary the following 5
323	courses;
324
325	Thence Northerly along the East line of the Northwest
326	One-Quarter (NW 1/4) of said Section 30 to a point of
327	intersection with the North right of way line of
328	Hallandale Beach Road, also known as State Road  No.
329	824 and Hallandale Beach Boulevard;
330
331	Thence Easterly along said North right of way line to
332	a point of intersection with the East line of the West
333	One-Half (W 1/2) of the Northwest One-Quarter (NW 1/4)
334	of the Northwest One-Quarter (NW 1/4) of said Section
335	29;
336
337	Thence Northerly along said  East line to the
338	Northeast corner of  the Northwest One-Quarter (NW
339	1/4) of the Northwest One-Quarter (NW 1/4) of the
340	Northwest One-Quarter (NW 1/4) of said Section 29;
341
342	Thence Westerly along said North line to the Northwest
343	corner of said Section 29, which is a common corner of
344	Sections 19, 20, 29 and 30 , Township 51 South, Range
345	42 East;
346
347	Thence Northerly along the East line of the Southeast
348	One-Quarter (SE 1/4) of said Section 19 to the POINT
349	OF BEGINNING.
350
351	LESS      THEREFROM:
352
353	Those lands annexed by the Town of Pembroke Park, as
354	established by Ordinance No. 77-7-3 of the Town of
355	Pembroke Park described as follows:
356	Lot 1 thru 12 inclusive in Block 4 of  "MIAMI GARDENS
357	ESTATES, SECTION 8", according to the plat thereof, as
358	recorded in Plat Book 44, Page 33, of the Public
359	Records of Broward County, Florida;
360
361	AND      LESS:
362
363	Those lands annexed by the Town of Pembroke Park, as
364	established by Ordinance No. 74-9-1 of the Town of
365	Pembroke Park described as follows:
366	All of "MIAMI  GARDENS ESTATES SECTION 9", according
367	to the plat thereof, as recorded in Plat Book 61, Page
368	16, of the Public Records of Broward County, Florida;
369
370	AND     LESS:
371
372	Those lands annexed by the Town of Pembroke Park, as
373	established by Ordinance No. 77-4-1 of the Town of
374	Pembroke Park described as follows:
375	The East One-Half (E 1/2) of the East One-Half (E 1/2)
376	of Government Lot 1, LESS the West 43 feet thereof,
377	and the Northeast One-Quarter (NE 1/4) of the
378	Northwest One-Quarter (NW 1/4) of said Section 30,
379	lying North of the North right of way line of
380	Hallandale Beach Boulevard.
381
382	(4)  POWERS.--The city shall have all available
383	governmental, corporate, and proprietary powers and may exercise
384	them, except when prohibited by law. Through the adoption of
385	this charter, it is the intent of the electors of the city that
386	the municipal government established herein have the broadest
387	exercise of home rule powers permitted under the State
388	Constitution and laws of the state.
389	(5)  CONSTRUCTION.--This charter and the powers of the city
390	shall be construed liberally in favor of the city.
391	Section 2.  Commission; mayor.--
392	(1)  CITY COMMISSION.--There shall be a city commission
393	(the "commission") vested with all legislative powers of the
394	city, consisting of four members ("commission members") and the
395	mayor. Commission members shall occupy seats numbered 1 through
396	4. References in this charter to commission members shall
397	include the mayor, unless the context dictates otherwise. Unless
398	otherwise stated within this charter, all charter powers shall
399	be exercised by the commission.
400	(2)  MAYOR.--The mayor shall preside at meetings of the
401	commission and be a voting member of the commission. The mayor
402	shall be recognized as the head of city government for all
403	ceremonial purposes, for purposes of military law, and for
404	service of process and execution of duly authorized contracts,
405	deeds, and other documents, and as the city official designated
406	to represent the city when dealing with other governmental
407	entities.
408	(3)  VICE MAYOR.--The vice mayor shall act as mayor in the
409	absence of the mayor. The vice mayor shall be elected from among
410	commission members for a period of 2 years by a majority of the
411	commission at the first meeting of the commission after each
412	election.
413	(4)  ELECTION AND TERMS OF OFFICE.--
414	(a)  Election and term of office.--Each commission member
415	and the mayor shall be elected at large for 4-year terms by the
416	electors of the city in the manner provided in section 5. Each
417	commission member and the mayor shall remain in office until his
418	or her successor is elected and assumes the duties of the
419	position.
420	(b)  Designated seats.--The city commission shall be
421	divided into four seats, designated 1, 2, 3, and 4, to be voted
422	on citywide, with each qualified elector entitled to vote for
423	one candidate for each seat.
424	(5)  QUALIFICATIONS.--Candidates for commission member
425	shall qualify for election by the filing of a written notice of
426	candidacy with the clerk of the city at such time and in such
427	manner as may be prescribed by ordinance and payment to the
428	clerk of the sum of $100, plus any fees required by Florida
429	Statutes, as a qualifying fee. A person may not be a candidate
430	for more than one office in the same election. Only electors of
431	the city who have resided continuously in the city for at least
432	1 year preceding the date of such filing shall be eligible to
433	hold the office of commission member. If at the conclusion of
434	the qualifying period no elector shall have filed for candidacy,
435	the commission seat shall be open for a period of 5 days and any
436	qualified elector who has resided in the city continuously for
437	at least 1 year preceding the date of such filing may file a
438	written notice of candidacy for said commission seat in
439	accordance with the remaining provisions of this section.
440	(6)  VACANCIES; FORFEITURE OF OFFICE; FILLING OF
441	VACANCIES.--
442	(a)  Vacancies.--The office of a commission member shall
443	become vacant upon his or her death, resignation, or removal
444	from office in any manner authorized by law or by forfeiture of
445	his or her office.
446	(b)  Forfeiture of office.--
447	1.  A commission member shall forfeit his or her office if
448	at any time during his or her term he or she ceases to maintain
449	his or her permanent residence in the city or if he or she
450	otherwise ceases to be a qualified elector of the city.
451	2.  A commission member shall be subject to forfeiture of
452	his or her office, in the discretion of the remaining commission
453	members, if he or she is absent without good cause from any
454	three consecutive regular meetings of the commission during any
455	calendar year or if he or she is absent without good cause from
456	any four regular meetings of the commission within any 12-month
457	period.
458	3.  The commission shall be the sole judge of the
459	qualifications of its members and shall hear all questions
460	relating to forfeiture of a commission member's office,
461	including whether or not good cause for absence has been or may
462	be established. The burden of establishing good cause shall be
463	on the commission member in question; however, any commission
464	member may at any time during any duly held meeting move to
465	establish good cause for his or her absence or the absence of
466	any other commission member, from any past, present, or future
467	meeting or meetings, which motion, if carried, shall be
468	conclusive. A commission member whose qualifications are in
469	question or who is otherwise subject to forfeiture of his or her
470	office shall not vote on any such matters. The commission member
471	in question shall be entitled to a public hearing on request
472	regarding an alleged forfeiture of office. If a public hearing
473	is requested, notice thereof shall be published in one or more
474	newspapers of general circulation in the city at least 1 week in
475	advance of the hearing. Any final determination by the
476	commission that a commission member has forfeited his or her
477	office shall be made by resolution. All votes and other acts of
478	the commission member in question prior to the effective date of
479	such resolution shall be valid regardless of the grounds of
480	forfeiture.
481	(c)  Filling of vacancies.--A vacancy on the commission
482	shall be filled as follows:
483	1.  If less than 1 year remains in the unexpired term, the
484	vacancy shall be filled by the commission within 30 days.
485	2.  If 1 year or more remains in the unexpired term, the
486	vacancy shall be filled by a special election to be held not
487	sooner than 30 days or more than 60 days following the
488	occurrence of the vacancy.
489	3.  Persons filling vacancies shall meet the qualifications
490	specified in this section.
491	4.  If no candidate for a vacancy meets the qualifications
492	under this section for that vacancy, the commission shall
493	appoint a person qualified under this section to fill the
494	vacancy.
495	5.  Notwithstanding any quorum requirements established
496	herein, if at any time the full membership of the commission is
497	reduced to less than a quorum, the remaining members may, by
498	majority vote, appoint additional members to the extent
499	otherwise permitted or required under this subsection.
500	6.  In the event that all the members of the commission are
501	removed by death, disability, recall, forfeiture of office, or
502	resignation, or any combination thereof, the Governor shall
503	appoint interim commission members who shall call a special
504	election within not less than 30 days or more than 60 days after
505	such appointment. Such election shall be held in the same manner
506	as the initial elections under this charter. However, if there
507	are less than 6 months remaining in the unexpired terms, the
508	interim commission appointed by the Governor shall serve out the
509	unexpired terms. Appointees must meet all requirements for
510	candidates provided for in this section.
511	(7)  Compensation; reimbursement for expenses.--
512	(a)  The commission members shall be compensated at the
513	rate of $300 per month. The mayor shall be compensated at the
514	rate of $400 per month. The mayor and commission shall receive
515	reimbursement in accordance with applicable law, or as may be
516	otherwise provided by ordinance, for authorized travel and per
517	diem expenses incurred in the performance of their official
518	duties.
519	(b)  An ordinance establishing, increasing, or decreasing
520	compensation of the mayor or commission may be adopted at any
521	time; however, in no event shall any establishment of
522	compensation or any increase in compensation become effective
523	prior to the first day of the first month following the first
524	regular election of the city subsequent to the adoption of such
525	ordinance.
526	(8)  RULES OF PROCEDURE.--The commission shall determine
527	its own rules of procedure.
528	Section 3.  Administrative.--
529	(1)  CITY ADMINISTRATOR.--There shall be a city
530	administrator (the "administrator"), who shall be the chief
531	administrative officer of the city. The administrator shall be
532	responsible to the commission for the administration of all city
533	affairs.
534	(2)  APPOINTMENT; REMOVAL; COMPENSATION.--The commission
535	shall appoint a qualified individual or firm for an indefinite
536	term by an affirmative vote of at least four commission members.
537	The commission may remove the administrator at any time by an
538	affirmative vote of at least four commission members. For voting
539	purposes, the mayor shall be considered as a commission member.
540	The compensation and benefits of the administrator shall be
541	fixed by the commission. Any consideration of the removal of the
542	administrator must be an agenda item with public notice given.
543	(3)  POWERS AND DUTIES OF THE ADMINISTRATOR.--The
544	administrator shall:
545	(a)  Be responsible for the hiring, supervision, and
546	removal of all city employees.
547	(b)  Direct and supervise the administration of all
548	departments and offices, but not city boards or agencies, unless
549	so directed by the commission from time to time.
550	(c)  Attend all commission meetings and have the right to
551	take part in discussion, but not the right to vote.
552	(d)  Ensure that all laws, provisions of this charter, and
553	acts of the commission, subject to enforcement or administration
554	by him or her or by officers subject to his or her direction and
555	supervision, are faithfully executed.
556	(e)  Prepare and submit to the commission a proposed annual
557	budget and capital program.
558	(f)  Submit to the commission and make available to the
559	public an annual report on the finances and administrative
560	activities of the city as of the end of each fiscal year.
561	(g)  Prepare such other reports as the commission may
562	require concerning the operations of city departments, offices,
563	boards, and agencies.
564	(h)  Keep the commission fully advised as to the financial
565	condition and future needs of the city and make such
566	recommendations to the commission concerning the affairs of the
567	city as he or she deems to be in the best interests of the city.
568	(i)  Execute, with the mayor, contracts, deeds, and other
569	documents on behalf of the city, as authorized by the
570	commission.
571	(j)  Implement the purchase code and guidelines adopted by
572	the commission for the acquisition of goods and services for the
573	city.
574	(k)  Perform such other duties as are specified in this
575	charter or as may be required by the commission.
576	(4)  ABSENCE OR DISABILITY OF ADMINISTRATOR.--To perform
577	his or her duties during his or her temporary absence or
578	disability, the administrator may designate, by letter filed
579	with the city clerk, a qualified administrative officer of the
580	city. In the event of failure of the administrator to make such
581	designation, or should the person so designated by the city
582	administrator be unsatisfactory to the commission, the
583	commission may by resolution appoint an officer of the city to
584	perform the duties of the administrator until he or she shall
585	return or his or her disability shall cease.
586	(5)  BOND OF ADMINISTRATOR.--The administrator shall
587	furnish a surety bond to be approved by the commission, and in
588	such amount as the commission may fix, said bond to be
589	conditioned on the faithful performance of his or her duties.
590	The premium of the bond shall be paid by the city.
591	(6)  CITY CLERK.--The administrator shall appoint a city
592	clerk or management firm to serve as city clerk (the "clerk").
593	The clerk shall give notice of commission meetings to its
594	members and the public, shall keep minutes of its proceedings,
595	and shall perform such other duties as the commission or
596	administrator may prescribe from time to time. The clerk shall
597	report to the administrator.
598	(7)  CITY ATTORNEY.--The commission shall appoint a
599	qualified individual or firm to serve as the city attorney for
600	an indefinite term by an affirmative vote of at least four
601	commission members. The commission members may remove the city
602	attorney at any time by an affirmative vote of at least four
603	commission members. The compensation and benefits of the city
604	attorney shall be fixed by the commission. The city attorney
605	shall report to the commission. The city attorney shall take
606	office immediately on appointment, and the terms and conditions
607	shall subsequently be reduced to a written contract. The
608	commission shall have the authority to engage such additional
609	legal counsel as it deems advisable and necessary.
610	(8)  POWERS AND DUTIES OF THE CITY ATTORNEY.--The city
611	attorney or other attorney, designated and approved by the
612	commission, shall, to the extent required by the commission:
613	(a)  Attend all regular and special meetings of the
614	commission.
615	(b)  Act as the legal advisor to and counselor for the city
616	and its officers in the matters relating to their official
617	duties.
618	(c)  Approve all contracts, bonds, and other instruments in
619	which the city is concerned and shall endorse on each his or her
620	approval of the form and correctness thereof. No contract with
621	the city shall take effect until his or her approval is so
622	endorsed thereon.
623	(d)  When requested to do so by the commission, prosecute
624	and defend on behalf of the city all complaints, suits, and
625	controversies in which the city is a party.
626	(e)  When so requested, furnish the mayor, commission, or
627	administrator his or her opinion on any question of law
628	involving the respective powers and duties of the mayor,
629	commission, or administrator.
630	(f)  Perform such other professional duties as required of
631	him or her by resolution of the commission or as prescribed for
632	municipal attorneys in the general laws of the state which are
633	not inconsistent with this charter.
634	(9)  EXPENDITURE OF CITY FUNDS.--No funds of the city shall
635	be expended except pursuant to duly approved appropriations or
636	for the payment of bonds, notes, or other indebtedness duly
637	authorized by the commission and only from such funds so
638	authorized.
639	(10)  City boards and agencies.--Except as otherwise
640	provided by law, the commission may establish or terminate such
641	boards and agencies as it may deem advisable from time to time.
642	The boards and agencies shall report to the commission. Members
643	of boards and agencies shall be appointed by the commission by
644	resolution.
645	Section 4.  Legislative.--
646	(1)  COMMISSION MEETING PROCEDURE.--
647	(a)  Meetings.--The commission shall hold at least 11
648	monthly meetings in each fiscal year at such times and places as
649	the commission may prescribe by rule. No meeting shall extend
650	beyond 11 p.m. local time. Notwithstanding the aforesaid, the
651	commission may conclude debate and voting on any agenda item
652	under consideration at 11 p.m. Special meetings may be held upon
653	the call of the mayor or upon the call of three members of the
654	commission, and upon no less than 24 hours' notice to each
655	member and the public, or such shorter time as a majority of the
656	commission shall deem necessary in case of an emergency
657	affecting life, health, property, or the public peace.
658	(b)  Quorum and voting.--Except as otherwise provided in
659	this charter, any three members of the commission shall
660	constitute a quorum. The affirmative vote of three members of
661	the commission shall be required for any legislative action. All
662	voting shall be by roll call.
663	(2)  PROHIBITIONS.--
664	(a)  Appointments and removals.--Neither the commission nor
665	any of its members shall in any manner dictate the appointment
666	or removal of any city administrative officers or employees whom
667	the administrator or any of his or her subordinates is empowered
668	to appoint, but the commission members may express their views
669	and fully and freely discuss with the administrator anything
670	pertaining to appointment and removal of such officers and
671	employees.
672	(b)  Interference with administration.--Except for the
673	purpose of inquiries and investigations made in good faith, the
674	commission or its members shall deal with city officers and
675	employees who are subject to the direction and supervision of
676	the administrator solely through the administrator, and neither
677	the commission nor its members shall give orders to any such
678	officer or employee, either publicly or privately. It is the
679	express intent of this charter that recommendations for
680	improvement in city government operations by individual
681	commission members be made solely to and through the
682	administrator. Commission members may discuss with the
683	administrator any matter of city business; however, no
684	individual commission member shall give orders to the
685	administrator.
686	(c)  Holding other office.--No elected city official shall
687	hold any appointive city office or city employment while in
688	office. No former elected city official shall hold any
689	compensated appointive city office or city employment until 1
690	year after the expiration of his or her term.
691	(3)  EMERGENCY ORDINANCES.--
692	(a)  Authorization; form.--To meet a public emergency
693	affecting life, health, property, or the public peace, the
694	commission may adopt, in the manner provided by Florida
695	Statutes, one or more emergency ordinances, but such ordinances
696	may not enact or amend a land use plan or rezone private
697	property; levy taxes; grant, renew, or extend any municipal
698	franchise; set service or user charges for any municipal
699	services; or authorize the borrowing of money, except as
700	provided under the emergency appropriations provisions of this
701	charter, if applicable. An emergency ordinance shall be
702	introduced in the form and manner prescribed for ordinances
703	generally, except that it shall be plainly designated in a
704	preamble as an emergency ordinance and shall contain, after the
705	enacting clause, a declaration stating that an emergency exists
706	and describing it in clear and specific terms.
707	(b)  Procedure.--Upon the affirmative vote of four
708	commission members, an emergency ordinance may be adopted with
709	or without amendment or rejected at the meeting at which it is
710	introduced. For voting purposes, the mayor shall be considered
711	as a member of the commission. After its adoption, the ordinance
712	shall be advertised and printed as prescribed for other
713	ordinances.
714	(c)  Effective date.--Emergency ordinances shall become
715	effective upon adoption or at such other date as may be
716	specified in the ordinance.
717	(d)  Repeal.--Every emergency ordinance, except emergency
718	appropriation ordinances, shall automatically be repealed as of
719	the 61st day following its effective date, but this shall not
720	prevent reenactment of the ordinance under regular procedures
721	or, if the emergency still exists, in the manner specified in
722	this section. An emergency ordinance may also be repealed by
723	adoption of a repealing ordinance in the same manner specified
724	in this section for adoption of emergency ordinances.
725	(e)  Emergency appropriations.--To meet a public emergency
726	affecting life, health, property, or the public peace, the
727	commission, by resolution, may make emergency appropriations. To
728	the extent that there are no unappropriated revenues to meet
729	such appropriation, the commission may by such emergency
730	resolution authorize the issuance of emergency notes, which may
731	be renewed from time to time, but the emergency notes and
732	renewals in any fiscal year shall be paid not later than the
733	last day of the fiscal year succeeding that in which the
734	emergency appropriations were made.
735	(4)  ANNUAL BUDGET ADOPTION.--
736	(a)  Balanced budget.--Each annual budget adopted by the
737	commission shall not provide for expenditures in an amount
738	greater than the revenues budgeted.
739	(b)  Budget adoption.--The budget shall be adopted in
740	accordance with applicable Florida Statutes and any amendments
741	thereto.
742	(c)  Specific appropriation.--The budget shall be specific
743	as to the nature of each category of appropriations. Reasonable
744	appropriations may be made for contingencies, but only within
745	defined spending categories.
746	(5)  FISCAL YEAR.--The fiscal year of the city government
747	shall begin on the first day of October and shall end on the
748	last day of September of the following calendar year, unless
749	otherwise defined by Florida Statutes. Such fiscal year shall
750	also constitute the annual budget and accounting year.
751	(6)  APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR.--
752	(a)  Supplemental appropriations.--If, during any fiscal
753	year, revenues in excess of those estimated in the annual budget
754	are available for appropriation, the commission may by ordinance
755	make supplemental appropriations for the fiscal year up to the
756	amount of such excess.
757	(b)  Reduction of appropriations.--If, at any time during
758	the fiscal year, it appears probable to the administrator that
759	the revenues available will be insufficient to meet the amounts
760	appropriated, he or she shall report to the commission without
761	delay, indicating the estimated amount of the deficit and his or
762	her recommendations as to the remedial action to be taken. The
763	commission shall then take such action as it deems appropriate
764	to prevent any deficit spending not covered by adequate
765	reserves.
766	(7)  AUTHENTICATION, RECORDING, AND DISPOSITION OF
767	ORDINANCES, RESOLUTIONS, AND CHARTER AMENDMENTS.--
768	(a)  Authentication.--The mayor and the clerk shall
769	authenticate, by their signatures, all ordinances and
770	resolutions adopted by the commission. In addition, when charter
771	amendments have been approved by the electors, the mayor and the
772	clerk shall authenticate, by their signatures, the charter
773	amendment, such authentication to reflect the approval of the
774	charter amendment by the electorate.
775	(b)  Recording.--The clerk shall keep properly indexed
776	books in which shall be recorded, in full, all ordinances and
777	resolutions enacted or passed by the commission. Ordinances
778	shall, at the direction of the commission, be periodically
779	codified. The clerk shall also maintain the charter in current
780	form as to all amendments.
781	(c)  Printing.--The commission shall, by ordinance,
782	establish procedures for making all resolutions, ordinances,
783	technical codes adopted by reference, and this charter available
784	for public inspection and available for purchase at a reasonable
785	price.
786	(8) BORROWING.--
787	(a)  Subject to the referendum requirements of the State
788	Constitution, if applicable, the city may from time to time
789	borrow money and issue bonds or other obligations or evidence of
790	indebtedness (collectively, "bonds") of any type or character
791	for any of the purposes for which the city is now or hereafter
792	authorized by law to borrow money, including to finance the cost
793	of any capital or other project and to refund any and all
794	previous issues of bonds at or prior to maturity. Such bonds may
795	be issued pursuant to one or more resolutions adopted by a
796	majority of the commission.
797	(b)  The city may assume all outstanding indebtedness
798	related to facilities it acquires from other units of local
799	government and be liable for payment thereon in accordance with
800	its terms.
801	(9)  INDEPENDENT AUDIT.--The commission shall provide for
802	an independent annual audit of all city accounts and may provide
803	for more frequent audits as it deems necessary. Such audits
804	shall be made by a certified public accountant or firm of such
805	accountants who have no personal interest, direct or indirect,
806	in the fiscal affairs of the city government or any of its
807	officers.
808	Section 5.  Elections.--
809	(1)  ELECTORS.--Any person who is a resident of the city,
810	has qualified as an elector of the state, and registers to vote
811	in the manner prescribed by law shall be an elector of the city.
812	(2)  NONPARTISAN ELECTIONS.--All elections for the offices
813	of commission member and mayor shall be conducted on a
814	nonpartisan basis.
815	(3)  ELECTION DATES.--A special election shall be held on
816	the second Tuesday in March 2005 and regular elections shall be
817	held every 2 years thereafter according to the provisions of
818	this charter.
819	(4)  GENERAL ELECTION.--The ballot for the general election
820	shall contain the names of all qualified candidates for mayor if
821	the mayor's term is expiring and for each of the two commission
822	seats which are to be filled at that election as a result of two
823	commission members' terms expiring, and shall instruct electors
824	to cast one vote for mayor, if applicable, and one vote for each
825	commission seat, with a maximum of one vote per candidate. The
826	candidate for mayor receiving the most votes shall be the duly
827	elected mayor. The candidate receiving the most votes in each
828	designated commission seat, respectively, shall be the duly
829	elected commission member for that designated commission seat.
830	(5)  SPECIAL ELECTIONS.--Special elections, when required,
831	shall be scheduled by the commission at such times and in such
832	manner as shall be consistent with this charter and state law.
833	(6)  SINGLE CANDIDATES.--No election for mayor or any
834	commission seat shall be required in any election if there is
835	only one duly qualified candidate for mayor or for any
836	commission seat.
837	(7)  COMMENCEMENT OF TERMS.--The term of office of any
838	elected official shall commence immediately after the election.
839	(8)  OATH.--All elected officers, before entering upon
840	their duties, shall take and subscribe to the following oath of
841	office:
842
843	I do solemnly swear (or affirm) that I will support,
844	protect, and defend the Constitution and Government of
845	the United States and of the State of Florida, and the
846	charter of the City of West Park; that I am duly
847	qualified to hold office under the Constitution of the
848	State and the charter of the City of West Park; and
849	that I will well and faithfully perform the duties of
850	(Mayor or commission member) upon which I am now about
851	to enter. (So help me God.)
852
853	(9)  ELECTION LAWS.--The election laws of the state shall
854	apply to all elections.
855	(10)  RECALL.--The registered electors of the city shall
856	have the power to recall and to remove from office any elected
857	official of the city as provided by general law of the state.
858	Section 6.  Charter amendments.--
859	(1)  CHARTER AMENDMENTS.--This charter may be amended in
860	accordance with the provisions of this section.
861	(2)  PROCEDURE TO AMEND.--
862	(a)  Initiation.--This charter may be amended in two ways:
863	1.  By ordinance.--The commission may, by ordinance,
864	propose amendments to this charter and, upon passage of the
865	initiating ordinance, shall submit the proposed amendment to a
866	vote of the electors at the next general election held within
867	the city or at a special election called for such purpose.
868	2.  By petition.--The electors of the city may propose
869	amendments to this charter by petition pursuant to the
870	requirements of chapter 166, Florida Statutes, as amended.
871	(b)  Submission to electors.--Upon certification of the
872	sufficiency of a petition, the commission shall submit the
873	proposed amendment to a vote of the electors at a general
874	election or special election to be held not less than 60 days or
875	more than 120 days from the date on which the petition was
876	certified or at a special election called for such purpose.
877	(c)  Results of election.--If a majority of the qualified
878	electors voting on a proposed amendment votes for its adoption,
879	it shall be considered adopted upon certification of the
880	election results. If conflicting amendments are adopted at the
881	same election, the one receiving the greatest number of
882	affirmative votes shall prevail to the extent of such conflict.
883	(3)  APPOINTMENT OF CHARTER REVIEW COMMITTEE.--The
884	commission shall appoint a charter review committee, which shall
885	contain at least five registered electors who are residents of
886	the city and whose responsibilities shall include the review and
887	analysis of the charter and recommendations to the commission of
888	proposed charter amendments, including, without limitation,
889	issues such as district voting versus citywide elections for
890	commission members. All recommendations of the charter review
891	committee shall be considered by the commission at least once
892	every 4 years, and the commission may by ordinance propose
893	amendments to this charter upon recommendation of the charter
894	review committee. Upon passage of the initiating ordinance, the
895	commission shall submit the proposed amendment to a vote of the
896	electors of the city at the next general election held within
897	the city or at a special election called for such purpose.
898	Section 7.  General provisions.--
899	(1)  SEVERABILITY.--If any section or part of any section
900	of this charter shall be held invalid by a court of competent
901	jurisdiction, such holding shall not affect the remainder of
902	this charter or the context in which such section or part of a
903	section so held invalid may appear, except to the extent that an
904	entire section or part of a section may be inseparably connected
905	in meaning and effect with the section or part of a section to
906	which such holding shall directly apply.
907	(2)  CONFLICTS OF INTEREST; ETHICAL STANDARDS.--All
908	commission members, officials, and employees of the city shall
909	be subject to the standards of conduct for public officers and
910	employees set by federal, state, county, or other applicable
911	law.
912	(3)  CITY PERSONNEL SYSTEM.--All new employments,
913	appointments, and promotions of city officers and employees
914	shall be made pursuant to personnel procedures to be established
915	by the administrator from time to time.
916	(4)  CHARITABLE CONTRIBUTIONS.--The city shall not make any
917	charitable contribution to any person or entity unless
918	authorized by the commission.
919	(5)  VARIATION OF PRONOUNS.--All pronouns and any
920	variations thereof used in this charter shall be deemed to refer
921	to masculine, feminine, neutral, singular, or plural as the
922	identity of the person or persons shall require and are not
923	intended to describe, interpret, define, or limit the scope,
924	extent, or intent of this charter.
925	(6)  CALENDAR DAY.--For the purposes of this charter, a day
926	shall mean a calendar day.
927	Section 8.  Transition provisions.--
928	(1)  CREATION AND ESTABLISHMENT OF CITY.--The City of West
929	Park is hereby created and established effective March 1, 2005.
930	(2)  INITIAL ELECTION OF COMMISSION MEMBERS; DATES;
931	QUALIFYING PERIOD; CERTIFICATION OF ELECTION RESULTS; INDUCTION
932	INTO OFFICE.--
933	(a)  Dates.--Following the adoption of this charter by the
934	electorate, a special election for the election of the mayor and
935	four commission members shall be held on March 8, 2005.
936	(b)  Qualifying period.--Any individual wishing to run for
937	mayor or one of the four commission seats who is a qualified
938	elector of the city and has resided continuously within the
939	corporate boundaries described in this act for 1 year shall
940	qualify as a candidate with the Broward County Supervisor of
941	Elections between January 2 and January 15, 2005, in accordance
942	with the provisions of this charter and general law.
943	(c)  Certification of election results.--For the initial
944	election, a canvassing board shall be appointed by the Board of
945	County Commissioners of Broward County to certify the results of
946	the election. At the first election under this charter, the four
947	candidates for commission member receiving the highest number of
948	votes shall be elected. At such initial election, seats shall
949	not be designated. Of the elected candidates, the two receiving
950	the greatest number of votes shall serve until their successors
951	are elected on the second Tuesday in March 2009 and assume the
952	duties of the office, and the remaining two shall serve until
953	their successors are elected on the second Tuesday in March 2007
954	and assume the duties of the office.  The candidate receiving
955	the highest number of votes shall occupy seat 1; the candidate
956	receiving the second highest number shall occupy seat 2; the
957	candidate receiving the third highest number shall occupy seat
958	3; and the candidate receiving the fourth highest number shall
959	occupy seat 4. Thereafter, all commission members shall be
960	elected for 4-year terms. The mayoral candidate receiving the
961	highest number of votes shall be elected. The mayor shall be
962	elected at the first election to serve until his or her
963	successor is elected on the second Tuesday in March 2007 and
964	assumes the duties of the office, and for a 4-year term at all
965	subsequent elections.
966	(d)  Induction into office.--Those candidates who are
967	elected on March 8, 2005, shall take office at the initial
968	commission meeting, which shall be held at 7:30 p.m. on March
969	10, 2005, at a place to be designated by the mayor.
970	(3)  TEMPORARY NATURE OF SUBSECTIONS (4)-(10).--The
971	following subsections of this section are inserted solely for
972	the purpose of effecting the incorporation of the city and the
973	transition to a new municipal government. Subsections (4)-(10)
974	of this section shall automatically, and without further vote or
975	act of the electors of the city, become ineffective and no
976	longer a part of this charter at such time as the implementation
977	of such section has been accomplished.
978	(4)  INTERIM ADOPTION OF CODES AND ORDINANCES.--Until
979	otherwise modified or replaced by this charter or the
980	commission, all codes, ordinances, and resolutions of Broward
981	County, Florida, in effect on the day of adoption of this
982	charter shall, to the extent applicable to the city, remain in
983	force and effect as municipal codes, ordinances, and resolutions
984	of the city. Until otherwise determined by the commission, said
985	codes, ordinances, and resolutions shall be applied,
986	interpreted, and implemented by the city in a manner consistent
987	with established policies of Broward County on the date of this
988	charter.
989	(5)  TAXES AND FEES.--Until otherwise modified by the
990	commission, all municipal taxes and fees imposed within the city
991	boundaries by the county as the municipal government for
992	unincorporated Broward County, which taxes and fees are in
993	effect on the date of adoption of this charter, shall continue
994	at the same rate and on the same conditions as if those taxes
995	and fees had been adopted and assessed by the city.
996	(6)  FIRST YEAR EXPENSES.--The commission, in order to
997	provide moneys for the expenses and support of the city, shall
998	have the power to borrow money necessary for the operation of
999	city government until such time as a budget is adopted and
1000	revenues are raised in accordance with the provisions of this
1001	charter.
1002	(7)  TRANSITIONAL ORDINANCES AND RESOLUTIONS.--The
1003	commission shall adopt ordinances and resolutions required to
1004	effect the transition. Ordinances adopted within 60 days after
1005	the first commission meeting may be passed as emergency
1006	ordinances. These transitional ordinances shall be effective for
1007	no longer than 90 days after adoption and thereafter may be
1008	readopted, renewed, or otherwise continued only in the manner
1009	normally prescribed for ordinances.
1010	(8)  STATE SHARED REVENUES.--The city shall be entitled to
1011	participate in all shared revenue programs of the state,
1012	effective immediately on the date of incorporation. The
1013	provisions of section 218.23, Florida Statutes, shall be waived
1014	for the purpose of eligibility to receive revenue sharing from
1015	the date of incorporation through the end of the state fiscal
1016	year 2005-2006. The provisions of section 218.26(3), Florida
1017	Statutes, shall be waived for the fiscal year 2005-2006, and the
1018	apportionment factors for the municipalities and counties shall
1019	be recalculated pursuant to section 218.245, Florida Statutes.
1020	The initial population estimates for calculating eligibility for
1021	shared revenues shall be determined by the University of Florida
1022	Bureau of Economic and Business Research as of the effective
1023	date of this charter. Should the bureau be unable to provide an
1024	appropriate population estimate, the initial population for
1025	calculating eligibility for shared revenues shall be established
1026	at the level of 12,750.
1027	(9)  GAS TAX REVENUES.--Notwithstanding the requirements of
1028	section 336.025, Florida Statutes, to the contrary, the city
1029	shall be entitled to receive local option gas tax revenues
1030	beginning October 1, 2005. These revenues shall be distributed
1031	in accordance with the interlocal agreement with Broward County.
1032	(10)  SHARED REVENUES.--
1033	(a)  Broward County shall distribute to the city, from
1034	taxes, franchise fees, and ad valorem taxes, revenues collected
1035	within the municipal boundaries of the city. This calculation
1036	shall be based upon a population projection of 12,750.
1037	(b)  It is the intent of this charter that the
1038	communication services tax imposed under section 202.19, Florida
1039	Statutes, by Broward County, will continue within the city
1040	boundaries during the period commencing with the date of
1041	incorporation through December 31, 2005. Such revenues from the
1042	tax shall be shared by Broward County with the city in
1043	proportion to the projected city population of 12,750 compared
1044	to the unincorporated population of Broward County before the
1045	incorporation.
1046	Section 9.  Within 1 year after the date of incorporation
1047	of West Park, the City Commission of the City of West Park may,
1048	by ordinance, upon four-fifths vote, amend the charter of the
1049	City of West Park and rename said city.
1050	Section 10.  This act shall only take effect upon approval
1051	by a majority of those qualified electors residing within the
1052	proposed corporate limits of the proposed City of West Park as
1053	described in section 1(3) of the charter, voting in a referendum
1054	election to be called by the Board of County Commissioners of
1055	Broward County and to be held on November 2, 2004, in accordance
1056	with the provisions relating to elections currently in force
1057	except that:
1058	(1)  This section of the charter shall take effect upon
1059	this act becoming a law.
1060	(2)  If a majority of the qualified voters voting do not
1061	approve this act then this act shall not take effect.
1062	(3)  If approved by a majority of the qualified voters
1063	voting then this act and charter shall take effect upon
1064	certification of the election results by the Broward County
1065	Supervisor of Elections.

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