Loading...
HomeMy WebLinkAboutO-1973-033 f• i ORDINANCE NO. 33 I ; I AN ORDINANCE AMENDING VARIOUS SECTIONS IN ARTICLE 3, PART II . , OF THE CHARTER OF CITY OF DANIA, A FLORIDA MUNICIPAL CORPORATION, THAT IS, CHAPTER 25768, 1949 SPECIAL ACTS OF FLORIDA, AS AMENDED, TO PROVIDE THAT SAID SECTIONS, AFTER THE EFFECT OF THE AMENDMENTS I CONTAINED HEREIN, SHALL CONFORM TO THE RE- QUIREMENTS OF 9166 .041, FLORIDA STATUTES, RE- GARDING THE PROCEDURES FOR THE ADOPTION OF ORDINANCES AND RESOLUTIONS: AND REPEALING ALL ORDINANCES OR RESOLUTIONS IN CONFLICT; AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the Municipal Home Rule Powers Act (Chapter 72-129, i Laws of Florida) created §166 , Florida Statutes, and became effec- tive on October 1, 1973 ; and I j WHEREAS, the charter of City of Dania, a Florida municipal corporation, is a term used to refer to, or is a term understood generally as referring to, any aggregate compilation of all of the i special acts enacted from time to time by the legislature of the i f State of Florida and which provide for, or specifically pertain to, all matters concerning the jurisdiction, powers , franchises and 1 i privileges of City of Dania in its capacity as a municipal corpora- I tion; and i 1 i WHEREAS, the initial or basic legislative act of the State of yFlorida creating and providing for the present municipal corpora- . { tion known as City of Dania is Chapter 25768, 1949 Special Acts of Florida; and WHEREAS, the said Chapter 25768, 1949 Special Acts of Florida, has been amended on subsequent occasions by various special acts of the legislature of the State of Florida which have been adopted I from legislative session to legislative session; and r i WHEREAS , as related to the special acts of the State of Florida, i the charter of City of Dania is Chapter 25768, 1949 Special Acts of i Florida, as amended; and -1- M-146 I M-1055 i i I i i I WHEREAS, §166 . 021 (5) , Florida Statutes j provides that all i special acts pertaining exclusively to the power or jurisdiction of a particular municipality (that is , its charter) became an i ordinance of the municipality, as of October 1, 1973, subject to i modification or repeal as other ordinances; and i I i WHEREAS, §166 . 041, Florida Statutes, provides a procedure for the adoption of ordinances and resolutions by a municipality; and i I WHEREAS, §166 .041 (6) , Florida Statutes, regarding the proce- dure for the adoption of an ordinance by a municipality,P y, provides I that such procedure shall constitute a uniform method for adoption { J and enactment of municipal ordinances and resolutions and shall be taken as cumulative of other methods now provided by law for adop- tion and enactment of municipal ordinances and resolutions; and WHEREAS , the existing provisions in the charter of City of i Dania regarding the adoption of an ordinance or resolution are sub- stantially different from the procedures provided in §166 .041, Florida Statutes; and WHEREAS, the city commission has found it impossible to recon- cile the provisions of §166 .041, Florida Statutes, to the ex' 1 fisting j provisions in the charter of City of Dania regarding the adoption 1 of ordinances and resolutions by the city commission of City of i Dania so as to cause the provisions of §166 . 041, Florida Statutes , to be cumulative of the existing provisions in the charter of City of i Dania; and i WHEREAS, the city attorney has advised the city commission on the matter by stating that he has attended a meeting, or seminar, of various city attorneys of the State of Florida regarding the 1 subject of municipal home rule and that a discussion was held on the I specific point of possible conflict between 9166.041, Florida Statutes , I and the municipal charter of any municipal corporation regarding jthe procedure to follow with respect to the adoption of ordinances -2- i r I and resolutions; and WHEREAS , the city attorney has advised that it is his opinion (and the opinion of other city attorneys from about the state attend- ing the aforesaid seminar and who represent cities having similar jconflicts) that the only way to resolve the conflict is that of amending the existing charter, under the new home rule powers which I became effective as of October 1, 1973 , to cause the provisions of I the charter of City of Dania--on the subject of the procedure to i follow in adoption of ordinances and resolutions--to conform to the a b j procedure required by §166 . 041, Florida Statutes; and { I 1 j WHEREAS, the city commission has met and has accepted the ad- vice and opinion of the city attorney on the subject; and i WHEREAS, in order to remove the conflict which exists between the two procedures regarding the adoption of ordinances and resolu- i tions, the city commission desires to proceed with the final adop- tion of the within ordinance, which said ordinance shall have for j its main purpose that of removing the said conflict by making the I j procedure for the adoption of ordinances and resolutions in City of Dania consistent with, and substantially identical to, the proce- dure set forth in §166 .041, Florida Statutes; and I I WHEREAS, the title of said ordinance was published on November 17, 1973, in the Hollywood Sun Tattler, a newspaper of general i i circulation in the City of Dania, stating the date, time and place of the meeting, the title of the proposed ordinance, the place in the municipality where the proposed ordinance might be inspected by the public, with the said notice further stating that all interested parties might appear at the meeting and be heard; and 1 WHEREAS, the ordinance was adopted on first reading on November I 19, 1973; and I i WHEREAS, the city commission now desires to adopt the ordinance I -3- i on second and final reading and under the home rule method pro- vided by §166. 041, Florida Statutes, I NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE I CITY OF DANIA, FLORIDA: i I Section 1. That existing Sections 1, 2, 3 , 4 , 5 and 6 , Article 31 Part II. , of the charter of City of Dania, a Florida municipal i corporation, that is , Sections 1, 2, 3, 4 , 5 and 6 , Article 3 , Part I II. , Chapter 25768, 1949 Special Acts of Florida, as amended, be and the same are hereby repealed in their entirety. Section 2. That the phrase, "Ordinances and Resolutions" , as a heading which appears after Article 3, Part II . , of the charter of i 1; City of Dania, a Florida municipal corporation (that is, Article 3 , Part II. , Chapter 25768, 1949 Special Acts of Florida) is hereby ratified, approved and confirmed and such phrase, "Ordinances and Resolutions" , shall continue to appear as the heading, immediately after the designation of Article 3 under said Part II . , and after i the effect of the adoption of the several new sections of said J Article 3, Part II. , as subsequently provided herein. Section 3. That a new section, to be known as Section 1 (of Article 3, Part II . ) of the charter of City of Dania, be and the same is hereby promulgated, ordained and enacted and shall read and provide, after the effect of such promulation, ordainment and en- actment, as follows: l "Section 1. Definition of "ordinance" and "resolution" .-- i As used in this section, the following words and terms shall have the following meanings unless some other meaning is plainly indicated: i (a) "Ordinance" means an official, legislative action of the city commission of City of Dania, which -4- I I I 1 action is a regulation of a general and permanent nature and enforceable as a local law. (b) "Resolution" means an expression of the city commission of City of Dania concerning matters i i of administration, expression of a temporary charac- ter, or a provision for the disposition of a partic- ular item of the administrative business of the I city commission of City of Dania. " Section 4 . That a new section, to be known as Section 2 (of Article 3, Part II . ) of the charter of City of Dania, be and the same is hereby promulgated, ordained and enacted and shall read and i i provide, after the effect of such promulgation, ordainment and en- actment, as follows : "Section 2. Requirements as to form of ordinance or re- solution.-- Each ordinance or resolution shall be intro- duced in writing and shall embrace but one subject j y and matters properly connected therewith. The I subject shall be clearly stated in the title. No a 1 ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend i f i shall set out in full the revised or amended act, section, sub-section, or paragraph of a section or sub-section. " I Section 5. That a new section, to be known as Section 3 (of I Article 3, Part II . ) of the charter of City of Dania, be and the i same is hereby promulgated, ordained and enacted and shall read and ( provide, after the effect of such promulgation, ordainment and en- actment, as follows : "Section 3 . Publication of notice; waiver of notice iunder emergency conditions .-- -5- i i j I (a) A proposed ordinance may be read by title, i or in full, on at least two separate days and shall, at least fourteen days prior to adoption, be noticed once in a newspaper of general cir- culation in the City of Dania. The notice of proposed enactment shall state the date, time and place of the meeting, the title or titles of I proposed ordinances and the place or places with- 1 in the limits of City of Dania where such pro- posed ordinances may be inspected by the public. Said notice shall also advise that interested 3 i parties may appear at the meeting and be heard i i with respect to the proposed ordinance. j (b) The city commission of City of Dania with a two-thirds vote may enact an emergency i . I ordinance without complying with the require- ments of paragraph (a) of the within section. " i 1 f Section 6 . That a new section, to be known as Section 4 (of Article 3 , Part II . ) of the charter of City of Dania, be and the i same is hereby promulgated, ordained and enacted and shall read and i provide, after the effect of such promulgation, ordainment and en- actment, as follows : "Section 4 . Members of city commission required to constitute quorum.-- The majority of the members of the city j commission of the City of Dania shall constitute 1 a quorum. The affirmative vote of the majority of a quorum present shall be necessary to enact any ordinance or adopt any resolution; provided that two-thirds (2/3rds) of the membership of the city commission is required to enact an emergency ordinance. On final passage, the vote -6- 1 i I 1 of each member of the city commission shall be i { entered on the official record of the meeting. All ordinances or resolutions passed by the governing body shall become effective ten days j after passage or as otherwise provided therein. " I Section 7. That a new section, to be known as Section 5 (of I Article 3, Part II. ) of the charter of City of Dania, be and the same is hereby promulgated, ordained and enacted and shall read and j provide, after the effect of such promulgation, ordainment and en- actment, as follows: i i "Section 5 . Permanent record of ordinances and E resolutions.-- 9 f Every ordinance or resolution shall, upon its final passage, be recorded in a book kept I for that purpose, and shall be signed by the mayor- commissioner and the city clerk-auditor of the city (or the deputy or acting city clerk-auditor i in the absence of the city clerk-auditor) . " i 1 Section 8. That a new section, to be known as Section 6 (of Article 3, Part II . ) of the charter of City of Dania, be and the s same is hereby promulgated, ordained and enacted and shall read and provide, after the effect of such promulgation, ordainment and enactment, as follows: j j j "Section 6 . Cumlative effect of procedure.-- The procedure, as set forth herein, shall constitute a uniform method for adoption and en- actment of ordinances and resolutions of City of 9 Dania and shall be taken as cumlative of other methods now provided by law for adoption and en- actment of municipal ordinances and resolutions . By future ordinance or charter amendment, City -7- j I 1 of Dania expressly reserves the right to specify 1 other additional requirements for the adoption or enactment of ordinances or resolutions or pre- scribed procedures in greater detail than con- tained herein; provided, however, that the City I I of Dania shall never have the power or authority to lessen or reduce the requirements of this section or other requirements as provided by i general law. " i Section 9 . For the purposes of maintaining a record or sum- mary as to the number of amendments which may be made to the charter i of City of Dania under the home rule powers which became effective f as of October 1, 1973 , the within ordinance may also be referred to, or described as (in a general sense) the first amendment to the i charter of City of Dania under home rule powers. I i I ! Section 10. That all ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed to the extent jf of such conflict. i Section 11. That this ordinance shall be in force and take d I effect immediately upon its passage and adoption. PASSED and ADOPTED on First Reading on the 19th day of November, 1973 . i PASSED and ADOPTED on Second and Final Reading on the 4th day 1 j of December, 1973 . j I Mayor-Commissioner ) f ) Attest: i I City ClerK-Auditor -8- I I f