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HomeMy WebLinkAboutO-1998-014 I I _C � v ORDINANCE NO. 14-98 AN ORDINANCE OF THE CITY OF DANIA, FLORIDA SUBMITTING TO A VOTE OF THE ELECTORS IN A REFERENDUM ELECTION AMENDMENTS TO THE CITY CHARTER, TO PROVIDE THAT CITY DEPARTMENT HEADS (DIRECTORS) WILL BE EMPLOYED BY THE CITY MANAGER INSTEAD OF THE CITY COMMISSION; FURTHER, PROVIDING THAT ALL OTHER CHARTER PROVISIONS, ORDINANCES OR PARTS OF ORDINANCES AND ALL RESOLUTIONS OR PARTS OF RESOLUTIONS IN CONFLICT WITH SUCH AMENDMENTS SHALL BE REPEALED TO THE EXTENT OF SUCH CONFLICT; PROVIDING A SEVERANCE CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA, FLORIDA THAT: Section 1. Sec. 1, entitled "How constituted" of Article 1, entitled "Executive and Administrative", of Part III, entitled "Administrative Officers and Departments" of the Dania Charter, is amended to read as follows: Sec. 1. How constituted. The executive,and administrative and legal advisory powers of the city, not hereia otherwise provided for in the Charter, shall be vested in and exercised by the following officers aad depaftmeats and boards respectively: (a) Mayor-commissioner (b) City manager erg (4)u A city attorney �Deleted 1 ORDINANCE NO. 14-98 i ... is Y 1 �er-�wer�s b}jd) Advisory boards At the head of each department there shall be an officer of the city who shall have supervision and control of the department, subject to the city manager. Two (2) or more departments may be headed by the same individual, and the director of any department may also serve as a chief or superintendent in a division under a department. The work of each department, division or classification may be distributed under the direction of the city manager. The commission may by ordinance create, change and abolish of iaes,departments OF aqeReie�� .es ertahlirhed—b�L�WtPF. The —tablished by this AhaFteF- Section 2. Sec. 2, entitled "Compensation of officers and employees" of Article 1, entitled "Executive and Administrative", of Part III, entitled "Administrative Officers and Departments" of the Dania Charter is amended to read as follows: Sec. 2. Compensation of officers and employees. The city commission of the City of Dania shall by resolution fix the compensation of the commissioners, the city manager, and of the city attorney, Section 3. Sec. 4, entitled "Powers and duties" of Article 3, entitled "City Manager", of Part III, entitled "Administrative Officers and Departments" of the Dania Charter is amended to read as follows: 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 jurisdiction, and to that end his powers are and they shall be: 2 ORDINANCE NO. 14-98 i I (b) To appoint or remove all department heads or directors, 1 subordinate officers and employees. " (c) To exercise, control and direct supervision over all departments and divisions of the municipal government under the rlag';;fi Section 4. Article 4, entitled "City Auditor and Clerk", of Part III, entitled "Administrative Officers and Departments' of the Dania Charter, is repealed in its entirety. Section 5. Article 6, entitled "City Treasure and Collector", of Part III, entitled "Administrative Officers and Departments" of the Dania Charter, is repealed in its entirety. Section 6. Article 8, entitled 'Police Department", of Part III, entitled "Administrative Officers and Departments" of the Dania Charter, is repealed in its entirety. Section 7. Article 9, entitled "Fire Department', of Part III, entitled "Administrative Officers and Departments' of the Dania Charter, is repealed in its entirety. Section 8. Article 10, entitled "Removal of Department Heads", of Part III, entitled "Administrative Officers and Departments" of the Dania Charter, is repealed in its entirety. Section 9. Article 11, entitled "Director of Utilities', of Part III, entitled "Administrative Officers and Departments' of the Dania Charter, is repealed in its entirety. Section 10. Article 1, entitled "Department of Public Works' of Part IV, entitled "Department of Public Works" of the Dania Charter is repealed in its entirety. Section 11. Article 2, entitled "Director of Public Works', of Part IV, entitled "Department of Public Works" of the Dania Charter, is repealed in its entirety. Section12. Article 3, entitled "Building Inspection Department', of Part IV, entitled "Department of Public Works" of the Dania Charter, is repealed in its entirety. Section 13. Article 4, entitled "Engineering Department", of Part IV, entitled "Department of Public Works" of the Dania Charter, is repealed in its entirety. Section 14. Article 5, entitled "Street Department', of Part IV, entitled "Department of Public Works' of the Dania Charter, is repealed in its entirety. 3 ORDINANCE NO. 14-98 I — _J I Section 15. Article 6, entitled "Docks Department', of Part IV, entitled "Department of Public Works" of the Dania Charter, is repealed in its entirety. Section 16. Article 7, entitled "Water Plant Department', of Part IV, entitled "Department of Public Works" of the Dania Charter, is repealed in its entirety. Section 17. Article 8, entitled "Sewer Plant Department', of Part IV, entitled "Department of Public Works" of the Dania Charter, is repealed in its entirety. Section 18. Article 9, entitled "Water Distribution Department', of Part IV, entitled "Department of Public Works" of the Dania Charter, is repealed in its entirety. Section 19. Article 10, entitled "Sewer Distribution Department', of Part IV, entitled "Department of Public Works" of the Dania Charter, is repealed in its entirety. Section 20. Article 11, entitled "Garbage Department', of Part IV, entitled "Department of Public Works" of the Dania Charter, is repealed in its entirety. Section 21. Article 12, entitled "Health and Sanitary Department', of Part IV, entitled "Department of Public Works" of the Dania Charter, is repealed in its entirety. Section 22. This Ordinance shall not take effect unless the same is approved by a majority I of the electors in the City of Dania voting at the next election held within the City of Dania submitted to the electors at that election in substantially the following form: AMEND DANIA CHARTER TO PROVIDE FOR THE EMPLOYMENT OF DEPARTMENT HEADS BY THE CITY MANAGER. Shall the City Charter be amended to provide that the City Auditor and Clerk, the City Treasurer and Collector, the Police Chief, the Fire Chief, and the Public Works Director are employed by the City Manager instead of the City Commission; further, shall the Charter be amended to transfer the duties of the City Auditor, Clerk, City Treasurer and Collector, to other City officials as designated by Ordinances of the City Commission? YES for approval ❑ NO for rejection ❑ Section 23. 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. 4 ORDINANCE NO. 14-98 I i I � Section 24. 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 25. This Ordinance shall be in force and take effect immediately upon its final passage and adoption. PASSED and ADOPTED on first reading on August 11, 1998. PASSED and ADOPTED on second and final reading on August 25-, 1998. ATTTEEES 46� � APPROVED: ILI - MARIE JABALEE JIM CALI CITY CLERK-AUDITOR MAYOR-COMMISSIONER APPROVED AS TO FORM AND CORRECTNESS: THOM S J:'ANSBRO CITY ATTORNEY GiWPFILEWJA0ANWCHARTER AMD-DEPT HEADS.ORD 08/06/98 Commission Roll Call: Mayor Cali — yes Vice-Mayor Etling —yes Commissioner Bertino —yes Commissioner Hyde—yes Commissioner Mikes -yes 5 ORDINANCE NO. 14-98 I -- �J N T I N L PJiULISHED DAILY FJtT LAJD_ ?DAL `/ 3(?0'WARD COUNTY. FLORIDA NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA, OCA RRTON/ 'ALM jEACH LOI NT Y/ FLORIDA FLORIDA. REGARDING ADOPTION OF THEFOLLOWING PROPOSED ORDINANCES: NOTICEIS HEREBY GIVEN that th ppII If of ! iAi4L/ U4DE COUNTY/ FLORIDA na hloDenla,Florida,onAuguelllE,lloil11t�38a or as son thereafter as the matter maybe heard, will conduct a public hearingg In the City Commission room of the Dania City Hell, 100 West Dania Beach Boulevard, l OF FLORIDA Dania, Florida to consider the proposed adoption of the following Ordinances entitled: COv,,t IY OF 3R 01w A`J/?ALA .'EACH /DADC THE A ORDINANCE OF THE CITY COMMISSION OF . i.cFOR' 'iH UiID PS IGN 0 AJTH ORITY PERSONALLY APPEARED OF THE CITY OF DANIA, FLORIDA CHANGING THE NAME CITY OF DANIA FLORIDA FROM 'DANIA'TO DANIA BEACH" AND PROVIDING FOR AN IMMEDIATE ' EFFECTIVE DATE UPON THE APPROVAL OF SUCH NAME CHANGE BY A MAJORITY OF THE ELECTORS OF lL� _ WHO C y O A T H SAYS THAT THE CITY PROVIDING FOR SEVERABILITY AND PRO- VIDING FbR AN EFFECTIVE DATE.' HE/SHE IS A DULY AUTHOR� IZED REPRESENTATIVE OF THE AN ORDINANCE OF THE CITY OF DANIA,FLORIDA SUBMITTING TO A VOTE OF THE ELECTORS IN A REF- CLA ,SIFI D Jtr tRT,`4=PIT Of THE SUNS ENTiPIE L/ DAILY ERENDUM ELECTION AMENDMENTS TO THE CITY CHARTER TO PROVIDE THAT CITY DEPARTMENT N'c'WSPAPcP, PU3LI3HED IN 3ROWARD/PALiM BEACH/D.ADE CCLNTYi HEADS tDIRECTORS)WILL BE EMPLOYED BY THE CITY MANAGEER INSTEAD OF THE CITY COMMISSION;FUR- FUJtZIDA TdAT THt ATTACHED COPY OF ADVERTISEMENT/ EEI NI THER PROVIDING THAT ALL OTHER CHARTER PROVI- SIONS ORDINANCES OR PARTS OF ORDINANCES AND CONFLICTT WITHH SUCH AMENDMENTS AMENDMENTS SHALLI BE AE PEALED TO THE EXTENT OF SUCH CONFLICT PROVID- N O T I C E ING A SEVERANCE CLAUSE;AND PROVIDING FOR AN EFFECTIVE DATE.' A copy of mesa pproposed Ordinances are on file In the office of the City Olark.City Hall, 100 West Dania Beach I N T H_ MATTER O F Boulevard, Dania, Florida, and may be Inspected by the Public during normal working hour,. and the heard Parties may eTeclpto the proposed id meeting D A�1 i A E n CH Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and I N T H E C I P.(U i T C v U ?T/ WA S P U@ L I S H E D I N "a A I D N E W S P A P E R for such purpose may need to ensure that a verbatim record of the proceedings is made,which record includes T H E 13 S LI'=S O F the testimony and evidence upon which the a based. ppeel is to be C / i;j/1 3/ 1 X In accordance with the American with Disabilities Act, Persons needing assistance to participate In any of the proceedings should contact Marie Jabalee,City,,Clerk 100 j `Vest Dante Beach Boulevard.Dania,Florida 33004,i954) A F F I A N T F U R T H ER S A Y THAT THE SAID U:V'S E N T I N E L I S A 921se Marla tJabele t least 48 hours prior to the meeting. ?1E'A+ PAPcP PU3LiSHFO I>I SAID 933,4ARD/PALL 3EACH/DADS City Clerk uguCOUNTY/ FLORIDA/ ANU THAT THE SAID Nc'AS?APE.'. HAS hERt:iV run', ESN CONTINUOUSLY PU3Lr"H : D IN SAID 371'4ARD/PALM PEACH/ CADS C ',Ye FLORIDA, EACH DAY/ AND HAS 6EEN ENTERED AS SECOND Ck 1MATTER AT THE POST OFFICE IN FORT LAUDERDALE/ IN SAID 5RiJdARD COUNTY/ FLORIDAP FOR A PERIOD OF CNE YEARN NEXT PRECEDING THE FIRST P03LICATION OF THE ATTACHED COPY OF ADVERTIiEMENT! AND AFFLANT FURTHER SAYS THAT HE/SHE HAS NI PAID NOR PROMISED ANY PERSON/ FIRM OR COP. PORATICN ANY DISCOUNT/ RziATEe COMMISSION CR REFUND FOR THE PURPOSE JF SECURING THIS ADVERTISEMENT FOR PU: LiCATION IN SAID NE143I PAP FP. :. ... . . . .. . . . . . • ( S SNATt1RE OF AFFIA>IT) SWORN TO AND SUdSCRJ 3C.D ? EFORE ME THIS 13 DAY OF AUGUST 4.J. 1999 ( SiiNATJ?_ JF N3TA4Y a'J7LI' r . . .. . . . . . . . . . . . (NA4EOFN)TA:<Y •TYPcD/•PRI TEJ Or,• iTAMacD ) i 4NALLY RNO'W I JR PROJUC D 1DENTIFICATIJN . .. . . . . . . . .. . . . . . L� _J S U N — E N T I N -- L PUULISHED DAILY FJ:RT LAJ'DERDALF, 3R0'WARD COUNTY, FLORIDA -CCA RATON, PALM BEACH COUIITY, FLORIDA MIAMI, DADE COUNTY, FLORIDA S ) OF FLJRI )A CCv, ry OF 3ROWAPD/PAL,N .;EACH/DADE : EFJRF,^TH= UNDEPSIvGNED AUTHORITY PERSONALLY APPEARED • �'• ��L= %. .. .. . WHO ON OATH SAYS THAT ,H -<NEE 15 A DULY AUTHORIZED REPRESENTATIVE OF THE CLASSIFIED DEPARTMENT OF THE SUN—SENTIiN-L, DAILY NEWSPAPER PU9LISHED IN ilROWARD/PALM JEACH/DADE COUNTY, FLORIDA THAT THE ATTACHED COPY OF ADVERTISEMENT. EEING A NOTICE IN THE MATTER OF DANIA 3EACH IN THE CIRCUIT CJUIT, WAS PV1. 13HED IN SAID NEWSPAPER III THE ISSUES OF C Od/13, 1 X EA020230 AFFIANT FURTHER SAYS THAT THE SAID SUN—SENTINEL IS A ti'E'd PAPtR PU3L13H=D IN SAID 9R0,4ARD/PALM EEACH/DADE COUNTY, FLORIDA, AND THAT THE SAID NEWS?APER HAS HERETOFORE ii: 'cN CONTINUOUSLY PU3LESHED IN SAID 9R)'4ARD/PALM EEACH/ CADS C( Y, FLORIDA, EACH DAY, AND HAS BEEN ENTERED AS SECOND Ck MATTER AT THE POST OFFICE IN FORT LAUDERDALE, IN SAID OROWARD COUNTY, FLORIDA, FOR A PERIOD OF ONE YEA:, NEXT PRECEDING THE FIRST PU.7M CATION OF THE ATTACHED CCPY OF AD'VERTI:F MENT; AND AFFIANT FURTHER SAYS THAT HE/SHE HAS NEITHER PAID NGR PROMISED ANY PERSON, FIRM OR COP. PORATICN ANY DISCOUNT, RE9ATE, COMMISSION CR REFUND FOR THE PURPCSE OF SECURING THIS ADVERTISEMENT FOR PUBLICATION IN SAID NE'WSPAPE�. -- -.yy:'',>�. ... . . . . .. ... . . ( SruNATURE JF AFFIANT) SWORN TO AND SUJSCRI :3LD 3EFDRE ME ThIS 13 DAY OF AUGUST A.D. 1999 (SIoNATURE 3F NOTARY P'J3LI WdL . . .. . . . .. . . .. .. . . . . . .. .. . . .I ... .. . .. . . .. . (NAME OF NOTARY TYPED, PRINTED )R STAMPED ) FWALLY KNOW'4 . . . . . . . .\l . . . . . . .. . . . . OR PRODUCED IDENTIFICATION . . . . . .. I r