HomeMy WebLinkAboutR-2000-114 RESOLUTION NO. 2000-114
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, RATIFYING AND REAFFIRMING RESOLUTION NO. 2000-
046, WHICH AMENDED SECTION 9.1 OF RESOLUTION 28-85, WHICH
SECTION IS ENTITLED "ADDRESSING THE COMMISSION", TO REVISE
THE PROCEDURES APPLICABLE TO CITIZEN COMMENTS FOR NON-
AGENDA ITEMS CONSIDERED AT CITY COMMISSION MEETINGS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERANCE; FURTHER,
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, in connection with pending litigation, in Bruckner and The First
Amendment Foundation vs. the City of Dania Beach, Case No. 99-7685 CIV-ZLOCH,
the City Commission of the City of Dania Beach, Florida, wishes to retroactively
authorize and ratify an Offer Of Judgment (the "Offer") which was served upon the
Plaintiffs on March 24, 2000, and which Offer was proposed in an effort to settle the
subject litigation by amending a portion of a 1985 Resolution (No. 28-85) and in
particular, was intended to amend Section 9.1 of Resolution No. 28-85, which Section is
entitled "Addressing the Commission" in connection with citizen comments made at City
Commission meetings; and
WHEREAS, the "Offer" contained a proposal to pay attorney fees and costs incurred by
® the Plaintiffs in connection with the litigation up to the date of the Offer in a further effort
to bring the litigation to a close; and
WHEREAS; although the amending Resolution (No. 2000-046, adopted by the City
Commission on March 28, 2000) was adopted as a part of the Consent Agenda of the
City Commission at the regular City Commission Meeting and is believed to be both
proper and lawful, the City Commission is willing to afford the public an opportunity to
discuss the contents of the amending Resolution in an effort to curtail further
expenditures of finances which may be incurred in litigating issues surrounding the
making and the conveyance of the Offer;
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY
OF DANIA BEACH, FLORIDA:
Section 1. That Resolution No. 2000-046, adopted March 28, 2000 which
amended Section 9.1 of Resolution No. 28-85, which section is entitled "Addressing the
Commission", is ratified and reaffirmed. The revised Section is amended to read as
follows:
9.1 Addressing the Commission: Comments by Dania Beach citizens or
interested parties that are not part of the regular agenda nest shall be give-n submitted
in writing or communicated verbally to the City Manager or his or her designee prier to
4:nn n rn nn the 6ornnrl /'� \ �nrl fni ir+ \ 11Annrlwc of oorh mnn+h Comments of
1 RESOLUTION NO. 2000-114
any nature wilt shall be responded to by the office of the City Manager. In the eVeR +ham+
iIf, within three (3) business days of submission of the comment to the City Manager, the
concern remains unresolved in the sole opinion of the citizen or interested party or the
citizen or party desires to direct the comment(s) to the City Commission, the citizen(s)
or party may shall be placed on the citizens' comments portion of the Commission
agenda and asked shall be allowed to address the City Commission during the next
regularly scheduled City Commission meeting. Emergencies may be given submitted to
the Mayor, a City Commissioner .or the City Manager prior to the beginning of the
meeting. The Mayor or Commissioners may relinquish part or all of their comment time
to a citizen's request if they so desire.
Section 2. That all sections or parts of sections of the City Code of
Ordinances, all charter sections or parts of such Charter sections and all resolutions or
parts of resolutions in conflict with the foregoing are repealed to the extent of such
conflict.
Section 3. That if any word, phrase, clause, subsection or section ' of this
resolution is for any reason held unconstitutional or invalid, the invalidity shall not affect
the validity of the original Resolution or this Resolution.
Section 4. This Resolution shall take effect immediately upon adoption.
PASSED AND ADOPTED this 25th day of July, 2000.
• e X .--�
ff C.K. MCELYE
MAYOR - COMMISSIONER
ATTEST: ROLL CALL:
j� MAYOR McELYEA - YES
VICE-MAYOR BERTINO- YES
SHERYL HAPMAN COMMISSIONER CALI - YES
ACTING CITY CLERK COMMISSIONER ETLING - YES
COMMISSIONER MIKES- YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:
THOMA J. ANSBRO
CITY ATTORNEY
2 RESOLUTION NO. 2000-114