Loading...
HomeMy WebLinkAboutR-2005-065 Charter amendments adoption (muni code) RESOLUTION NO. 2005-065 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR TRANSMITTAL OF RECENTLY ADOPTED CITY CHARTER AMENDMENTS TO MUNICIPAL CODE CORPORATION FOR CODIFICATION AND INCORPORATION INTO THE PUBLISHED CITY CHARTER OF THE CITY OF DANIA BEACH; PROVIDING FOR FILING OF THE CHARTER; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 2005-002, the electors of the City of Dania Beach, Florida, approved all of the proposed amendments to the City Charter at the election held on March 8, 2005; and WHEREAS, pursuant to Ordinance No. 2005-002, the City Attorney examined the Charter Amendments as approved by the electors, and has made any necessary corrections of scrivener's errors appearing in the proposed Charter text; and WHEREAS, the City Commission desires to provide for codification of the Charter Amendments in accordance with the action of the electors and the intent of the City Commission; NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. Recitals Adopted. That each of the above stated recitals are adopted and confirmed. Section 2. Transmittal for Codification. A. That the Charter Amendments, as approved by the electors of the City at the March 8, 2005 election, are authorized to be transmitted to Municipal Code • Corporation for codification, so that the amendments approved by the electors are incorporated into the City Charter. B. Pursuant to the vote of the majority of the electors at the March 8, 2005 election, the City Charter has been amended as provided below in paragraphs (a), (b), (c) and (d), as follows: (a) The following new provisions are added to the Charter, to read as follows: (i) Charter Review Board. A Charter Review Board shall be appointed by the City Commission and shall convene at least every eight years. Such Board shall be authorized to place recommendations for changes to the Charter before the City Commission for consideration by the City Commission for placement on an elective ballot, if a • referendum is required by law to make the desired change or is requested by the Board. (ii) Anti-discrimination. The City shall not adopt any measure or policy or otherwise discriminate against any person due to age, race, religion, creed, color, national origin, physical or mental disability, sexual orientation, sex or marital status. (iii) Certain Expenditures. Any agreement, commitment or any other action of any kind, pursuant to which the City shall or may become obligated to expend more than One Million Dollars in City funds, either in connection with one transaction or cumulatively from a series of directly related transactions, or which has a direct net fiscal impact, as determined by the City Finance Director, upon City funds exceeding that amount, shall require a four-fifths vote of the City Commission, as authorized in advance by adoption of an ordinance. There shall be two public hearings on the ordinance and notice of each such hearing shall be published in a newspaper of general circulation within the City, at least ten days before each • such hearing. 2 RESOLUTION#2005-065 (iv) Airport Matters. Any agreement of any kind to which the City may be a party, which affects any City residents and which involves any expansion, modification, addition to or change to or of any lands associated with the Fort Lauderdale-Hollywood International Airport, shall require a unanimous vote of the City Commission, as authorized in advance by adoption of an ordinance. There shall be two public hearings on the ordinance and notice of each such hearing shall be published in a newspaper of general circulation within the City, at least ten days before each such hearing. (b) The following provisions replace previously existing corresponding Charter provisions, as follows: (i) Article 3 of the previously existing City Charter, consisting of Sections 1 to and including 4, which Article is entitled "City Manager", of Part III, entitled "Administrative Officers and Departments", a copy of which Article was attached • as Exhibit "A" to Ordinance No. 2005-002, has been repealed, and in its place, a new Article 3, entitled "City Manager" consisting of Sections 1 to and including 4, has been adopted. Such new Article reads as follows: Article 3. City Manager Sec. 1. Appointment, qualifications, and compensation. The City Commission shall appoint a City Manager who shall be the administrative head of the municipal government under the direction and supervision of the City Commission. He or she shall be chosen on the basis of his or her executive and administrative qualifications, and shall be over the age of 21. The City Commission may require the City Manager to be a resident of the City during his or her term of employment. The City Commission shall establish additional minimum requirements which serve as basic qualifications for the selection and appointment of a City Manager. One such minimum requirement and qualification shall be that the appointee shall possess a degree in public administration or an equivalent degree, issued by an institution which has a nationally recognized accreditation. An "equivalent • degree" shall, for purposes of this section, include the type of degree possessed by 3 RESOLUTION #2005-065 • any department head who reports to the City Manager, such as a degree in engineering or public finance. Any person who does not meet the foregoing minimum requirements and qualifications may be appointed as City Manager, but such appointment shall require a four-fifths vote of the City Commission. Sec. 2. Absence or disability. During a prolonged absence or disability of the City Manager, the City Commission may by resolution designate some properly qualified person to temporarily execute the functions of the position. The person so designated shall have the same powers and duties as the City Manager, and shall be known while so serving as the Acting City Manager. For periods of absence of a City Manager not exceeding 15 business days, the City Manager may designate in writing a qualified person to serve as the Acting City Manager. Sec. 3. Right of City to enter into contract of employment. (a) Pursuant to a resolution, the City Commission shall have the right to enter into an employment contract with the person it appoints as City Manager. The employment contract shall not extend beyond a maximum period of three years; • provided, however, that if the appointee is a person who was appointed by a four- fifths vote (because the appointee did not meet minimum requirements and qualifications), then such contract shall only extend for a period of six months from its effective (beginning) date. If the City Commission votes to continue the contract, such contract shall continue until it terminates on the date of the expiration of a three year period, measured from the beginning date of the contract. The maximum three year term shall not be extended by any amendment to a contract. Such contract may set the compensation to be paid, and provide that the full compensation due for the term of the contract will be paid to the City Manager as agreed upon liquidated damages if the contract is terminated by the City Commission before its expiration date. In any event, no such contract shall include any provision for liquidated damages which would exceed the amount otherwise payable to the City Manager up to the date of the natural expiration of the contract. Any such contract shall include a provision which specifies that the contract shall be terminated automatically if the City Manager (1) violates any one or more of the tenets of the International City Manager's Association (ICMA) Code of Ethics, as supplemented by applicable ICMA Guidelines, or (2) in the sole opinion of the City Commission, commits an act or exhibits misconduct which reflects discredit upon the City, or involves substance abuse, or (3) is found to have assisted an elected City official in the commission of an act which is in violation of any provision of the Florida Code of Ethics applicable to elected City officials, or (4) shall participate, actively or otherwise, in the candidacy of any person seeking elective office in the City, including the direct or indirect • solicitation of campaign contributions or support of any kind for or against any 4 RESOLUTION #2005-065 • candidate. However, a City Manager whose contract is so terminated may be retained by the City Commission to serve at the pleasure of the City Commission. A City Manager who wishes to challenge an automatic termination may do so. In such event, the City Manager and the City Commission shall resort to a mutually selected method of dispute resolution such as use of a hearing officer, mediation (as prescribed by the procedures promulgated by the Federal Mediation and Conciliation Service), arbitration, or any other method which will result in a final and binding decision and resolution of the dispute. The cost of such method, including attorney fees, if any, shall be shared equally between the City and the City Manager, but the prevailing party shall be reimbursed its share of such costs by the other party. (b) Any resolution pertaining to an employment contract with the City Manager shall provide that the City shall not execute the contract until a public hearing concerning the contract is conducted by the City Commission. Notice of such public hearing shall be advertised once only in a newspaper which is generally circulated in the City and such notice shall be published at least five days before the hearing. At the conclusion of the hearing, the City shall have authority to execute the employment contract subject to any changes which may be made as the result of the hearing. (c) It shall not be mandatory on the part of the City Commission to enter into an employment contract with the City Manager and, in the absence of an employment contract, the City Manager may be appointed by resolution of the City Commission to serve at the pleasure of the City Commission for whatever compensation such resolution may fix and determine. (d) If a City Manager is appointed to serve at the pleasure of the City Commission, without an employment contract, the City Manager may be removed from office as provided in this subparagraph. A City Manager who has served less than one year may be removed without cause by a three-fifths vote of the City Commission. However, if a City Manager serves in such capacity for a one year period, but receives a less than satisfactory performance rating from the City Commission, the City Manager may be afforded a six month period of time to improve performance. After that period, the City Manager shall be rated by the City Commission and if the performance continues to be rated as less than satisfactory, the City Manager may be removed by a three-fifths vote of the City Commission. Performance evaluations of the City Manager shall be conducted annually, on or about October 1st of each year. The following provisions shall apply to any City Manager who serves in such capacity for a one year period and receives a satisfactory performance evaluation by the City Commission. If removal without cause of such City Manager is sought by the City Commission, a four fifths vote of the City Commission shall be required. If after a subsequent year of service the performance of the City Manager is rated by the City Commission to be less than satisfactory, the City Manager shall be afforded a period of six months to improve performance. After that period the City Manager 5 RESOLUTION#2005-065 • shall be rated by the City Commission and if the performance continues to be rated as less than satisfactory, the City Manager may be removed by a three-fifths vote of the City Commission. Despite any provision which is or appears to be to the contrary in the foregoing provision, a City Manager may be removed without cause at any time by a four-fifths vote of the City Commission. Sec. 4. Powers and duties. The City Manager shall be responsible to the City Commission for the proper administration of all affairs of the City coming under his or her jurisdiction, and his or her powers are: (a) To see that the laws and ordinances of the City are enforced. (b) To appoint or remove all department heads or directors, subordinate officers, and employees. (c) To exercise control and direct supervision over all departments and divisions of the municipal government. (d) To see that all terms and conditions imposed in favor of the City or its inhabitants in any public utility franchise are faithfully kept and performed, and • upon knowledge of any violation of them, to call the same to the attention of the City Attorney, whose duty it is made by this Charter to take such legal steps as may be necessary to enforce the same. (e) To attend all meetings of the City Commission, with right to take part in the discussions, but without having a vote. (f) To recommend to the City Commission such measures as deemed necessary or expedient in the interest of the City. (g) To keep the City Commission fully advised as to the financial conditions and needs of the City, and at the proper time to submit to the City Commission for its consideration an annual budget. (h) To advise and consult with all officers and directors of the several departments of the City relative to the affairs of any such department, and to make recommendations to the City Commission. (i) To perform such other duties as may be prescribed under this Charter, or may be required by motion, direction, ordinance, or resolution of the City Commission. 0) To purchase supplies, services, materials, and equipment for the various departments of the City government in an amount up to and including a monetary RESOLUTION #2005-065 • threshold (as established by the City Commission by ordinance) whenever necessary and proper so to do. Purchases of supplies, services, materials, and equipment for the City government in excess of the established monetary threshold may be made by the City Manager without competitive bidding and without advertisement for bids if the City Manager is authorized to do so in advance by a resolution adopted by the City Commission. Contracts for the purchase of supplies, services, materials and equipment for the City government in excess of the monetary threshold shall be entered into or let by authorization and approval of the City Commission, after advertisement for bids in a newspaper which is generally circulated within the City. Such advertisement is to be published weekly for two consecutive weeks with the first publication to be not less than 15 days prior to the reception of bids. During unusual conditions or emergencies, the City Commission may, by resolution, authorize the purchase by the City Manager of designated supplies, services, equipment and materials in amounts in excess of the monetary threshold without competitive bids and without advertisement for bids. In addition to the foregoing, the City Commission may, by resolution, authorize the purchase of designated supplies, services, equipment and materials in amounts in excess of the monetary threshold without competitive bids and without advertising for bids if such purchases are made pursuant to a competitive bid obtained within the last 12 months (or as such bid may have been extended by the vendor, supplier, contractor or other similar person, subject to the same conditions as the original bid) by other governmental entities, provided that any such purchase which exceeds a monetary threshold as established by the City Commission by ordinance requires a four-fifths vote of the City Commission. Nothing in this paragraph 0) shall be applied in a manner which conflicts with the requirements of the Florida Statutes. The restrictions in this paragraph do not apply to services sought by the City which relate to cost recovery, as such cost recovery system is established by ordinance. (k) To prepare and submit to the City Commission, within 60 days after the close of each fiscal year, a complete report of the operation and business of the City for the preceding fiscal year. (1) To sign all checks, warrants, bonds, and agreements issued by the City; provided, however, that any such instrument which exceeds a monetary threshold as established by City ordinance shall require two manual signatures of City officials. Authorized officials are the City Manager, City Finance Director, City Clerk and in an emergency the Mayor (or in the absence of the Mayor, the Vice- Mayor). Instruments which involve an amount below the monetary threshold shall require a manual signature of one of the foregoing designated officials and a facsimile signature of any other authorized official, other than that of the person manually signing the instrument. • 7 RESOLUTION#2005-065 • (c) Portions of the Charter are replaced with new provisions, as follows: (i) Portions of Article 3 of the previously existing City Charter, consisting of Sections 1 to and including 4 (and excluding section 5, which shall remain in the revised Charter as written), which Article is entitled "Sale of Public Property" of Part XII, entitled "Miscellaneous", a copy of which Sections 1-4 were attached as Exhibit `B" to Ordinance 2005-002, have been repealed, and an Article 3, entitled "Sale of Public Property", consisting of new Sections 1-4 (and previously existing Section 5, which remains in the Charter) has been adopted. Such new Sections 1-4 of Article 3 shall read, as follows: Article 3. Sale of Public Property Sec. 1. Resolution declaring property not needed for public use. Before any lands, the title to which is vested in the City, shall be sold, traded, exchanged, or otherwise disposed of, the City Commission shall adopt a resolution at a regular meeting particularly describing the land by metes and bounds or reference to a recorded plat or government survey, its location by street number, if any, a description of all improvements, if any, located upon the land, declaring how the land has been used since it has belonged to the City, why it is no longer needed for public purposes, and containing a statement that the City declares it to be surplus and desires to sell, trade, exchange, or otherwise dispose of it. If the property is valued by a qualified appraiser at a value which is less than $250,000.00, a majority vote of the City Commission shall be required for such a resolution. If the property is valued by a qualified appraiser at a value between $250,000.00 and $500,000.00, a four-fifths vote of the City Commission shall be required to adopt such a resolution. If the property is valued by a qualified appraiser at a value which exceeds $500,000.00, a referendum election shall be held to determine whether or not such property should be sold, traded, exchanged, or otherwise subject to disposition. The provisions of this section shall not apply to vacations of streets, alleys, or utility easements, unless any such vacation involves land contiguous to any park. Despite any provision which is or may appear to be to the contrary in this Article, however, these provisions shall not apply to lands located within the City Community Redevelopment Area unless the existing or future lands are designated as parks or community facilities, as identified in the City Comprehensive Land Use Plan. '/ Note: For any transaction involving lands associated with Fort Lauderdale— Hollywood International Airport, see the additional restrictions of Charter Section "Airport Matters". 8 RESOLUTION#2005-065 • Sec. 2. Notice of sale or other similar disposition. Not less than 30 days, nor more than 60 days, after adoption of such resolution or the affirmative vote of the electors approving the sale or other similar disposition (referred to generally as a "sale" for purposes of this Section and Section 3), the land shall be offered for sale to the public, and a notice shall be published by the City in the official newspaper for two issues before such date of sale, with the first publication to be made not less than ten days before the date of sale, and the second publication one week after the first, describing which date of sale bids shall be received and protest heard, if any. Sealed bids shall be received, accompanied by cashiers' or certified checks, or other forms of bid deposits approved by the City Attorney, payable to the City in an amount equal to at least ten percent of the bid price. The City shall sell for cash to the highest and best bidder, but the City may reject any and all bids. Notwithstanding defects in the frequency of the publication of the notice of sale or in the dates on which the notice of sale was published, all sales of public property previously made by the City prior to the effective date of this section are ratified. Sec. 3. Protests. • During the period of not less than 30 days, nor more than 60 days, intervening between the adoption of the resolution and the date of sale, taxpayers and electors of the City may protest or object to the sale, or propose other public uses for the property. The City Commission may rescind its former action and repeal the resolution declaring that the property is not needed for public use. If before the date of the execution of a contract for the proposed sale, a Petition is filed with the City Clerk signed by five percent of the electors (based on the number of electors registered to vote in the last preceding municipal election) objecting to the sale, no such sale shall be made until the sale of the property has been approved by a majority of the voters at a special election, which shall be called by the City Commission by resolution. This provision shall not apply if the sale has already been authorized by referendum approval of the electors of the City. Sec. 4. Power to sell. Subject to the restrictive provisions of this Article, the City Commission is empowered to sell or dispose of any lands, improvements, public buildings, parks or other lands now owned or subsequently acquired by the City. The deed of conveyance may place such conditions, limitations, and restrictions on the use of such property by the purchasers as the City Commission shall deem proper. Except as otherwise specified in Sec. 1 above concerning property valued at less than $250,000.00, a four-fifths vote of the members of the City Commission shall be necessary to approve such sales. This shall not impair the referendum 9 RESOLUTION#2005-065 O requirement of Sec.I above. The above restrictions shall not apply to the sale of cemetery plots in municipal cemeteries. (d) The following provisions replace previously existing corresponding Charter provisions, as follows: (i) A portion of Article 2 of the previously existing City Charter, consisting of Section 13 "Filling Vacancies in the Office of City Commission", which Article 2 is entitled "Elections" of Part VI entitled "Registrations and Elections", a copy of which Section 13 was attached as Exhibit "C" to Ordinance No. 2005-002, has been repealed, and in its place a new Section 13 "Filling Vacancies on City Commission", has been adopted. Such new Section 13 reads, as follows: Filling vacancies on the City Commission. In the event that a permanent vacancy arises on the City Commission at a time which is within six (6) months from the date of a scheduled election in which the City's electors are authorized to participate, the City Commission shall appoint a qualified City elector to temporarily fill such vacancy until such election. In such event, the City Commission shall make such appointment within thirty (30) days from the date that the vacancy occurs. If, however, the next available election in which the City's electors may participate will not occur until after a period of time exceeding six months from the date that the vacancy occurs, then the City Commission, within 30 days from the date that the vacancy occurs, shall take action to call a special election to fill the vacancy for the remainder of the unexpired portion of the term. For purposes of this Section, a permanent vacancy generally consists of a vacancy caused by resignation, death, removal from or forfeiture of office. The procedures for filling vacancies shall be further provided for by City Ordinance. Section 3. Codification That the provisions of the revised Charter as presented to and approved by the electors pursuant to Ordinance 2005-002, and as set forth in this Resolution shall become and be made a part of the Charter of the City of Dania Beach, Florida, and the sections and paragraphs of the Charter, as amended, may be renumbered or relettered to • accomplish such intentions. 10 RESOLUTION #2005-065 • Section 4. Filinjj of.the Charter. That the City Clerk is directed to file the revised Charter of the City of Dania Beach, Florida with the Florida Department of State, pursuant to Section 166.031(2), Florida Statutes, once the Charter amendments are incorporated into it. Section 5. Severability. That the provisions of this Resolution are declared to be severable and if any section, sentence, clause or phrase of this Resolution shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Resolution but they shall remain in effect, it being the legislative intent that this Resolution shall stand notwithstanding the invalidity of any part. Section 6. Effective Date. That this resolution shall be effective immediately upon its adoption. • PASSED AND ADOPTED on April 26, 2005. 0".." cz"� ANNE CASTRO MAYOR—COMMISSIONER ATTEST: ROLL CALL: V COMMISSIONER ANTON - YES 1' COMMISSIONER BERTINO —YES LOUISE,STILSON:' COMMISSIONER MCELYEA - YES CITY CLERK VICE-MAYOR FLURY - YES MAYOR CASTRO - YES APPROVED AS TO FORM AND CORRECTNESS: (�_� -""\N�� BY: TH MA J. A SBRO CITY ATTORNEY • 11 RESOLUTION #2005-065 AV CITY OF DANIA BEACH MEMORANDUM TO: Mayor and City Commission CC: Ivan Pato, City Manager Louise Stilson, City Clerk FROM: Tom Ansbro, City Attorney DATE: April 18, 2005 RE: Resolution for Transmission of Recent Charter Amendments Approved by Referendum to the Municipal Code Corporation Attached is a Resolution which will upon adoption, be used to formally mitt p p y transmit to and notify the Municipal Code Corporation (which prints and codifies Charter and ordinance provisions for the City) the new Charter provisions. The Charter amendments are those approved by the electorate at the last general municipal election, held on March 8, 2005. There are three minor housekeeping revisions which are proposed to be made to the Charter provisions. Copies of applicable portions, appearing at pages 8, 9 and 10, respectively are attached for your reference; each revision is "high lighted". This Resolution is ready for City Commission consideration and adoption.