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Home My WebLink AboutO-2002-006 ORDINANCE NO. 2002-006 w AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA SUBMITTING TO A VOTE OF THE ELECTORS IN A REFERENDUM ELECTION AN AMENDMENT TO THE CITY CHARTER, TO PROVIDE FOR THE REPEAL OF THE CITY CHARTER PROVISION WHICH ESTABLISHES TERM LIMITS FOR CITY COMMISSIONERS (SECTION 3 OF PART II, ARTICLE I OF THE CHARTER); PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA THAT: Section 1. That Section 3, entitled "Qualification of members" of Article 1, entitled "City Commission", of Part II, entitled "Legislative Branch and Legislation" of the Dania Beach Charter, is amended to read as follows: Sec. 3. Qualification of members. To be eligible to hold the office of city commissioner of City of the Dania Beach, or to qualify for nomination or election as such, the candidate shall be a bona fide resident and citizen of the City of Dania Beach, a resident of the State of Florida, and a citizen of the United States of America; shall be duly qualified to vote at city, state and national elections; shall be over the age of twenty-one (21) years, shall have resided in the said city for the six 6 months immediately preceding the date of election; and shall be otherwise qualified as provided in this charter provided. Candidates for nomination or election for the office of city commissioner shall comply with all the rules and regulations set out in the charter as to their conduct. Any commissioner who shall cease to possess the qualifications required hereon in this section shall forthwith immediately forfeit his or her office. Nlo rnmmi in�n shall serve more than two /`)�seGUtiVe four (4) year terms in GffiG8 with a full two (2) year interval before serving additional terms. Thus ore ent nr oast terms of precetl_yeleGted GO-- s nr t h e nnmmiccinnerc to h�e_Q.ed at the rity'c general eleGt.�.on on MaC6h9, 1993 Section 2. This Ordinance shall not take effect unless the same is approved by a majority of the electors in the City of Dania Beach voting at the September 10, 2002 Special Election, unless ballot space is not available for such Election as determined by the Broward County Supervisor of Elections, then at the November 5, 2002, General Election 1, 1 ORDINANCE NO. 2002-006 held within Broward County and submitted to the electors in such Election in substantially Sthe following form: AMEND DANIA BEACH CHARTER TO REPEAL TERM LIMITS FOR CITY COMMISSIONERS. Shall the City Charter of the City of Dania Beach be amended to repeal the provision that establishes term limits for City Commissioners, which limits consist of a maximum of two (2) consecutive four (4) year terms (a total of eight (8) consecutive years) in office with a full two (2) year interval before such a Commissioner may seek to serve any additional term? YES for approval ❑ NO for rejection ❑ Section 3. If any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected, but shall remain in full force and effect. • Section 4. Upon the approval of this Ordinance by the electors as aforesaid, all ordinances or parts of ordinances of Charter provisions or parts of Charter provisions in conflict will be and the same are repealed. Section 5. This Ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on first reading on February 12, 2002 PASSED and ADOPTED on second and final reading on February 26, 2002. PATRICIA FLURY MAYOR — COMMISSIONER 2 ORDINANCE NO. 2002-006 AT EST: ROLL CALL: • COMMISSIONER BERTINO - YES COMMISSIONER MCELYEA - YES CHARLENE JO NSON COMMISSIONER MIKES - NO CITY CLERK VICE-MAYOR CHUNN - NO MAYOR FLURY - YES APPROVED AS TO FORM AND CORRECTNESS: 1 THOMAS J. ANSBRO' CITY ATTORNEY • 3 ORDINANCE NO. 2002-006 SUN- SENTINEL PUBLISHED DAILY FORT LAUDERDALE, BROWARD COUNTY, FLORIDA NOTICE OF HEARING BEFORE CITY COMMIS- BOCA RATON, PALM BEACH COUNTY, FLORIDA sloN • MIAMI MIAMI DADE COUNTY, FLORIDA CITY OF DANIA BEACH,;rFLORIDA, REGARDING ADOPTION N OF THE FOL- LOWING PROPOSED ORDI-I NANCE: STATE OF FLORIDA NOTICE IS HEREBY GIVEN, that the City Commission� COUNTY OF BROWARD/PALM BEACH/MIAMI DADE of the City of Dania Beach, BEFORE THE UNDERSIGNED AUTHORITY, PERSONALLY APPEARED 2002 aat 7:0February p.m or?as! soon thereafter as thei matter may be heard,will! BULL WHO, ON OATH, SAYS THAT conduct a public nearing; in the City Commission! HE/SHE IS A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED chambers of the Dania DEPARTMENT OF THE SUN-SENTINEL, DAILY NEWSPAPER PUBLISHED Beach City Hall,oul west Dania Beach Boulevard,! IN BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, AND THAT THE Dania Beach _F_IQ i ATTACHED COPY OF ADVERTISEMENT, BEING A: consider the proposed adoption of the folloWMg Ordinances entitled: �Jg" AN ORDINANCE OF THE REPEAL OF THE CITY CHARTER CITY OF DANIA BEACH, FLORIDA SUBMITTING TO i A VOTE OF THE ELECTORS IN THE MATTER OF: IN A REFERENDUM ELEC--d TION AN AMENDMENT TO i THE CITY CHARTER; TO Repeal of the City Charter OFO TIDE HE FCTYHCHARTE PROVISION WHICH,ESTAB: IN THE CIRCUIT COURT,WAS PUBLISHED IN SAID NEWSPAPER IN THE CITY LISHES TCOMERM MISSIONFERS (SECTION 3 OF PART II,AR:'- ISSUES OF: TICLE I OF THE CHARTER): PROVIDING FOR CON- FLICTS; PROVIDING FOR 2/15,1D 10771036 SEVERANCE; 'FURTHER,- PROVIDING FOR AN EF— FECTIVE DATE. " ; AFFIANT FURTHER SAYS THAT THE SAID SUN-SENTINEL IS A NEWSPAPER CIT ORDINANCE OF THE CITY OF DANIA BEACH,^' PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, FLORIDA, PERTAINING To CABLE TELEVISION; AP— AND THAT THE SAID NEWSPAPER HAS HERETOFORE BEEN CONTINUOUSLY PROVING THE ASSIGI*H PUBLISHED IN SAID BROWARD/PALM BEACH/MIAMI DADE COUNTY, FLORIDA, MO AGREEMENT A • AMONG BYO EACH DAY,AND HAS BEEN ENTERED AS SECOND CLASS MATTER AT THE COUNTY,THE CITY OFF DA DA'- NIA BEACH,AND COMMU= _ POST OFFICE IN FORT LAUDERDALE, IN SAID BROWARD COUNTY, FLORIDA, NITY CABLE TELEVISION FOR A PERIOD OF ONE YEAR NEXT PRECEDING THE FIRST PUBLICATION OF KNOWN LOCALLY AS AT&T_ BROADBAND FOR CABLE-' ATTACHED COPY OF ADVERTISEMENT;AND AFFIANT FURTHER SAYS THAT TELEVISION FRANCHISE4 THE CABLE HE/SHE HAS NEITHER PAID, NOR PROMISED,ANY PERSON, FIRM, OR TELEVIDSION FRANCHISE;— CORPORATION,ANY DISCOUNT, REBATE, COMMISSION, OR REFUND, FOR THE PROVIDING FOR CON- - CORPORATION, PROVIDING FOR PURPOSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID V D NG SEVERABILITANY; AND PR - ZO- NE PAPER. DATE. A copy of these proposed Ordinances are on file in, AILIV the office of the City (SIGNATURE OF FIANT) Clerk,City Hall, too west Dania Beach Boulevard, ' Dania Beach,Florida,and, may be inspected by the ' SWORN TO AND SUBSCRIBED BEFORE ME public dun ,normal ON: 15-February-2002 , A.D. working hours. I Interested parties may ap,' I pear at the aforesaid meeting and be heard ,, with respect to the pror posed. Any person who decides to appeal any de- cision made by the City (SIGNATURE OF,,�l,QTARY PUBLI�a commission with respect, }.•••�Bci a zak to any matter considered,, MY COMMISSION# D024939 EXPIRES at this hearing will need a record of the proceedings July 20,2005 and for such purpose may, 'F;v BONDED THRU TROY 111,INSURANCE INC need to ensure that a ver- . 'batim record of.the pro^ ceedings is made, which record includes the test!' mon(NAME OF NOTARY,TYPED, PRINTED, OR STAMPED) whit and evidence upon--. which the appeal is to be... based'. In accordance with the PERSONALLY KNOWN OR American with Disabilities'° Act, persons needing as- sistance to participate in- PRODUCED IDENTIFICATION any of the proceedings-.= • should contact Charlene Johnson, City Clerk, 100— West Dania Beach Boule-v vard,Dania Beach,Florida 33004, (954) 924-3622 at least 48 hours prior to the-. meeting. /s/ Charlene Johnson— CMC City Clerk " February 15,2002 • } 9t FLORIDA sNxuieq. y:wean Y March 6, 2002 6 Sharon Deas Municipal Liaison Broward County Supervisor of Elections Office 115 South Andrews Avenue, Room 102 Fort Lauderdale, FL 33301 RE: Referendum Question for September 10 or November 5 Elections City of Dania Beach Dear Ms. Deas: On February 26, 2002, the Dania Beach City Commission adopted Ordinance No. 2002-006 submitting to a vote of the electors in a Referendum t Election an amendment to the City Charter, to provide for the repeal of the City Charter provision which establishes Term Limits for City Commissioners (Section 3 of Part II, Article 1 of the Charter). We are requesting addition of the following Referendum Question on your ballot for the September 10th Special Election, unless ballot space is not available for such Election as determined by the Broward County Supervisor of Elections, then at the November 5, 2002, General Election held within Broward County: AMEND DANIA BEACH CHARTER TO REPEAL TERM LIMITS FOR CITY COMMISSONERS: Shall the City Charter of the City of Dania Beach be amended to repeal the provision that establishes term limits for City Commissioners, which limits consist of a maximum of two (2) consecutive four (4) year terms (a total of eight (8) consecutive years) in office with a full two (2) year interval before such a Commissioner may seek to serve any additional term? YES for approval ❑ NO for rejection ❑ • "Broward's First City' 100 West Dania Beach Boulevard Dania Beach, Florida 33004 Phone: (954) 921-8700 wwwci.dania-beach.fl.us Sharon Deas March 6, 2002 Page 2 Please advise me at your earliest convenience on the cost to the City for this Referendum Question to be added to the Broward County ballot. If you need further information, please do not hesitate to contact me at (954) 924-3622. Thank you for your assistance in this matter. Sincerely, r ene oh s n, CMC City Clerk /cj Enclosure (Certified Copy of Ordinance No. 2002-006)