HomeMy WebLinkAboutO-2010-029 Ballot Questions i
ORDINANCE NO. 2010-029
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, CALLING AN ELECTION ON PROPOSED
AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY,
MARCH 8, 2011; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR
APPROVAL OR DISAPPROVAL OF A SERIES OF PROPOSED CHARTER
AMENDMENTS WHICH RESULTED FROM REVIEW BY THE CITY
COMMISSION OF THE RECOMMENDATIONS OF THE CITY'S CHARTER
REVIEW BOARD; SUCH CHARTER AMENDMENTS CONCERN FILLING
OF VACANCIES IN THE CITY COMMISSION, COMMISSION ACTION
PERTAINING TO THE CITY MANAGER POSITION, PLANNING AND
ZONING BOARD REVISIONS, DANIA LIBRARY BOARD, PARKS AND
RECREATION BOARD, CITY COMMISSION TERM LIMITS PROVISION,
QUALIFICATIONS OF COMMISSION MEMBERS, CREATION OF
AMENDED CHARTER, NUMBER OF ELECTORS REQUIRED FOR
PETITIONERS' COMMITTEE IN INITIATIVE AND REFERENDUM
PROCESS, ELIMINATION OF PRIMARY ELECTIONS, ANTI-
DISCRIMINATION PROVISION, FORFEITURE OF OFFICE FOR
EXCESSIVE ABSENTEEISM FROM REGULAR COMMISSION MEETINGS,
AND ACTION AT SPECIAL MEETINGS OF THE CITY COMMISSION;
PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR
PROCEDURE FOR BALLOTING; PROVIDING FOR NOTICE; PROVIDING
FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING
FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 166.031, Florida Statutes, and following City
Commission review and action upon the recommendations of the City of Dania Beach Charter
Review Board, the City Commission has caused the final drafting and preparation of proposed
amendments to the City Charter for submission to the electors of the City; and
WHEREAS, the City Commission desires to submit the proposed Charter amendments
to the electors of the City;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH,FLORIDA,AS FOLLOWS:
Section 1. Election Called. That an election is called for Tuesday, March 8, 2011, to
present to the electors of the City of Dania Beach (the "City") each of the ballot questions
provided in Section 4 of this Ordinance.
Section 2. Vote At Polls. That balloting shall be conducted between the hours of 7:00
a.m. and 7:00 p.m. at the regular polling places for City elections or as otherwise provided by the
f
Broward County Supervisor of Elections in accordance with applicable law. All qualified
electors residing within the City who are timely registered shall be entitled to vote. Early voting
may be provided as authorized by law.
Section 3. Notice. That notice of the election shall be published in accordance with
Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least
thirty (30) days prior to the election, the first publication to be in the fifth week prior to the
election, and the second publication to be in the third week prior to the election, and shall be in
substantially the following form:
NOTICE OF ELECTION
PUBLIC NOTICE IS GIVEN THAT PURSUANT TO AN ENABLING
ORDINANCE DULY ADOPTED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA (THE "CITY"), AN ELECTION HAS
BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY ON
TUESDAY, MARCH 8, 2011, BETWEEN THE HOURS OF 7:00 AM AND
7:00 PM, AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT
PROPOSITIONS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS
OF THE CITY.
There are thirteen (13) proposed amendments to the City Charter, which proposals are
commonly referred to by the following ballot titles:
1. Filling Of Vacancies in The City Commission
2. Commission Action Pertaining to the City Manager Position
3. Planning and Zoning Board Revisions
4. Dania Library Board
5. Parks and Recreation Board
6. City Commission Term Limits Provision
7. Qualifications of Commission Members
8. Creation of Amended Charter
9. Number of Electors Required for Petitioners' Committee in
Initiative and Referendum Process
10. Elimination of Primary Elections
11. Anti-Discrimination Provision
12. Forfeiture of Office for Excessive Absenteeism From
Regular Commission Meetings
2 ORDINANCE#2010-029
13. Action at Special Meetings of the City Commission
Polling place information, as well as the full text of the proposed City Charter amendments and
the enabling ordinance for this election are available at the Office of the City Clerk, located at
100 West Dania Beach Boulevard Dania Beach FL 33004.
Contact: Louise Stilson, City Clerk
The City Clerk may combine this Notice of Election with other Notices of Election for any other
Charter amendments.
Section 4. That the form of ballot for each of the proposed Charter amendments shall be
as follows:
1. FILLING OF VACANCIES IN THE CITY COMMISSION
The City Charter currently provides that Commission vacancies are
filled by Commission appointment until the next regular City election,
and a special election must be held if the next regular election will not
occur within six months after the vacancy. arises. It is proposed that
the Charter be amended to provide for vacancies to be filled by
Commission appointment instead of by a special election.
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
2. COMMISSION ACTION PERTAINING TO THE CITY
MANAGER POSITION
The City Charter currently provides procedures concerning the
selection and removal of a person appointed as the City Manager, and
describes the Manager's authority. It is proposed that the Charter be
amended to revise such provisions by clarifying procedures governing
action by the City Commission on the selection, appointment,
retention and removal of a City Manager.
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
3. PLANNING AND ZONING BOARD REVISIONS
The City Charter currently provides that a five member Planning and
Zoning Board shall be established. It is proposed that those Board
provisions be updated and clarified and that two alternate members be
authorized to serve if one or more regular members cannot attend a
3 ORDINANCE#2010-M
meeting. Additionally, other provisions related to the Board would be
transferred from the Charter to the City Code of Ordinances.
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
4. DANIA LIBRARY BOARD
The City Charter currently provides that a City Library Board may be
created so as to provide for library services within the City. Since City
libraries no longer exist (Broward County owns and operates the only
public library in the City) it is proposed that the Charter be amended to
repeal the Charter provisions relating to the Library Board.
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
5. PARKS AND RECREATION BOARD
The City Charter currently provides that a Parks and Recreation Board
shall be created and that it shall have supervision over parks and
recreation activities. It is proposed that the Charter be amended to
repeal provisions concerning such Board and its duties, so that such
Board and its duties as an advisory board to the City Commission may
be established by City Commission resolution.
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
6. CITY COMMISSION TERM LIMITS PROVISION
The City Charter currently provides that no Commissioner shall serve
more than eight consecutive years unless a two year service interval
first occurs. It is proposed that the Charter be amended so that term
limits shall apply to a person who resigns, but shall not apply to the
term of a person who was elected or appointed to fill a vacancy during
a term, and be applied retroactively.
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
4 ORDINANCE#2010-029
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7. QUALIFICATIONS OF COMMISSION MEMBERS
The City Charter currently provides that a person must be a resident of
the City for at least six months before qualifying for election as a city
commissioner. It is proposed that the Charter be amended to provide
that the required City residency period be increased to one year and
that residency must be proven by proof of City voter registration.
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
8. CREATION OF AMENDED CHARTER
It has been proposed that the City Charter be comprehensively
amended to reflect the creation of an amended Charter including
changes made for style, clarity and consistency, along with
amendments describing the duties, responsibilities, authority and
qualifications of City officers and advisory board members, and
amendments conforming and updating the Charter to conform with
State law provisions, and deleting matters more properly covered by
City ordinances.
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
9. NUMBER OF ELECTORS REQUIRED FOR PETITIONERS'
COMMITTEE IN INITIATIVE AND REFERENDUM PROCESS
The current City Charter provides that only ten electors are necessary
in order to commence initiative or referendum proceedings as a
Petitioners' Committee. It has been proposed that the Charter be
amended to provide that twenty-five City electors are required to serve
on the Petitioners' Committee in order to commence initiative or
referendum proceedings.
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
10. ELIMINATION OF PRIMARY ELECTIONS
The current City Charter provides for the holding of a primary
election prior to the holding of a regular municipal election for the
election of City Commission members. It is proposed that the Charter
5 ORDINANCE#2010-029
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be amended to eliminate the primary election system so that
Commission members may be elected at a single election at which the
candidates receiving the greatest number of votes are elected.
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
11. ANTI-DISCRIMINATION PROVISION
The City Charter currently provides that 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. It is proposed that
the Charter be amended to also prohibit discrimination upon the basis
of gender identity or familial status.
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
12. FORFEITURE OF OFFICE FOR EXCESSIVE ABSENTEEISM
FROM REGULAR COMMISSION MEETINGS
The City Charter currently provides that a Commissioner who is
absent from four consecutive regular City Commission meetings shall
lose his or her office, unless such absence is excused by the City
Commission. It is proposed that the Charter be amended to provide
for loss of office upon two such unexcused absences.
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
13. ACTION AT SPECIAL MEETINGS OF THE CITY COMMISSION
The City Charter currently provides that when the City Commission
takes action at a special (not a regular) meeting on a purchase
transaction or contract in excess of$15,000.00, a four-fifths vote of the
membership of the Commission shall be required for approval. It is
proposed that the Charter be amended to provide that the four-fifths
vote requirement shall only apply when the cost exceeds $25,000.00.
6 ORDINANCE#2010-029
Shall the above-described Charter amendment be adopted?
Yes [ ]
No [ ]
The order of presentation of the above listed ballot items on the ballot may be revised pursuant to
Section 8, below. The ballot questions and corresponding Notice of Election may be revised by
Commission resolution.
Section 5. City Charter Amended. That the City Charter is further amended by adding
those provisions indicated by underline and deleting those provisions indicated by strikethrough,
to read as set forth in Attachment "X a copy of which is attached and incorporated by this
reference.
Section 6. Registration. That the County registration books shall remain open at the
office of the Broward County Supervisor of Elections until the date which is provided by law as
the date that the registration books shall close in accordance with the provisions of the general
election laws.
Section 7. Implementation. That the City Clerk, with any necessary assistance and
services from the Broward County Supervisor of Elections, is authorized to take all appropriate
actions necessary to carry into effect and accomplish the provisions of this Ordinance.
Section 8. Procedure; Returns. That the election returns shall be canvassed by the
Broward County Canvassing Board as required by law.
Section 9. Copies Available. That copies of this Ordinance proposing the Charter
amendments are on file in the office of the City Clerk located at 100 West Dania Beach
Boulevard, Dania Beach, Florida 33004, and are available for public inspection during regular
business hours.
Section 10. Result of Balloting. That if a majority of the qualified electors voting on a
proposed Charter amendment vote for its adoption, it shall be considered adopted and effective
upon certification of the election results. If conflicting amendments are adopted at the same
election, the one receiving the greatest number of affirmative votes shall prevail to the extent of
such conflict. Further, to the extent that the City Attorney determines that certain of the Charter
amendments provided by Section 5 above are not dependent upon voter approval under that
portion of Section 166.021, F.S., which enables certain charter and special act provisions which
presently exist as they existed prior to the initiation of municipal Home Rule Powers in 1973 to
7 ORDINANCE#2010-029
be amended by ordinance without a requirement for referendum approval, those limited Charter
amendments identified in writing by the City Attorney shall be effective without regard to the
vote of the electors and shall be included in the revised Charter.
Section 11. Conformance. That in the event that some, but not all, of the Charter
amendments are approved by the electors, conforming amendments shall be deemed to be
adopted and the City Attorney is authorized to implement such conforming revisions of the
Charter, by restoring any necessary text of the previously existing Charter and harmonizing
provisions, all to the extent necessary to assure that all amendments adopted conform to one
another and to all remaining Charter provisions. The City Clerk shall file the revised Charter
with the Florida Department of State.
Section 12. Application of Amendments. That each of the Charter amendments which
are adopted by the electors shall be applied prospectively only unless otherwise stated by the
Charter text.
Section 13. Conflicts. That in the event that the provisions of this Ordinance conflict
with any other City Ordinance, the provisions of this Ordinance shall prevail to the extent of any
such conflict.
Section 14. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance 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 Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
per•
Section 15. Inclusion in the Charter. That, subject to the requirements of Section 10
above, it is the intention of the City Commission, and it is ordained that the provisions of this
Ordinance shall become and made a part of the Charter of the City of Dania Beach; that the sections
of this Charter may be renumbered or relettered to accomplish such intentions; and that the word
"Ordinance" shall be changed to "Section"or other appropriate word.
8 ORDINANCE#2010-029
Section 16. Effective Date. That this Ordinance shall become effective immediately
upon adoption.
PASSED on first reading on November 23, 2010.
PASSED AND ADOPTED on second reading on December 14, 2010.
C.K. McELYEA
MAYOR—COMMISSIONER
ATTEST: c�P�f s FtRST cir�
LOUISE STILSON, CMC
CITY CLERK
APPROVED S O FORM AND CORRECTNESS:
TH6MA8 J. A14SBRO
CITY ATTORNEY
9 ORDINANCE#2010-029
ATTACHMENT "X"
Part I. The Municipality of The City of Dania Beach
ARTICLE 1. GENERAL PROVISIONS
Sec. 1. Abolish Existing municipality.
That The existing municipal government of the City of Dania Beach, in the County of Broward
and State of Florida,be and the same is hereby abolished continued in full force and effect.
Sec. 2. Title to property reserved.
The title, rights and ownership of all property, both real and personal, uncollected taxes, dues,
claims,judgments, decrees, choses in action and all property and property rights held or owned
by the municipality named "City of Dania Beach" "abolishedby this n^*, shall pass continue to
and be vested in the municipal corporation organized under this charter. to ueeeed the
Sec. 3. Obligations unimpaired.
No obligations or contracts of the said municipality hereby previously abolished, including
bonds herete Pere previously issued or any proceeding heretefe previously begun for any
improvement, or for the borrowing of money, or issuing of bonds, shall be impaired or avoided
by this charter, but such debts, obligations, contracts and bonds shall pass to and be binding upon
the ne municipality hereby being continued and organized, and all such proceedings
heretofore previously begun for the construction of any improvements or for the borrowing of
money or issuing of bonds may be continued and completed and binding upon the said He
municipality; and likewise all debts of and claims against the previously abolished and recreated
municipality shall be valid against the ne municipality ereated.
Son 4 nffieer-s hold ever
All offieer-s and effi—Pleyees heretofore eleeted or- appointed and holding effiee under- the said
. JL .14-y hereby abolished, shall eentinue te hold their- r-espeefive effiees and disehar-ge the
resp etiFiV.6a duties ther-eef under- the new munieipa4ity hereby ereated until their- sueeesser-s are
ele^et d and
n qualified RII Cer-the provisions of this ehat4ef.
Sec. -4. Ordinances not impaired.
All existing ordinances and resolutions of the said abolished City lit-y, not in conflict
with the provisions of this charter, shall continue in effect unless repealed, amended or modified
by the livy
City W-hie i hereby or`ta ize of
er-eate .
10 ORDINANCE#2010-029
Sec. 65. Establishment of new municipality.
The inhabitants of the City of Dania Beach, as its boundaries are hereinafter designated and
established, or as may hereafter be designated and established, shall continue to be a body politic
and corporate, to be known and designated as the "City of Dania Beach," and as such shall have
perpetual succession, may use a common seal, may contract and be contracted with, and may sue
and be sued in all the courts of this state and in all matters whatsoever.
Sec. -76. Boundaries.
The following sha4l be the teFfiter-y, the inhabitants of w-hieh afe hereby established and
powers,
to wit.-
(Delete 53 pages of legal description)
The corporate boundaries of the City of Dania Beach are those which exist and are in effect upon
the date of adoption of this Section. A map of the City of Dania Beach depicting the boundaries
as they exist upon the date of adoption of this Section and as they may be subsequently amended
avpears below and an official map shall be maintained by the City Clerk. A legal description of
the municipal boundaries shall be maintained in the office of the City Clerk in lieu of being
reprinted in this Charter.
(Editors Note: Since Sec. 166.031, F.S., provides that a charter amendment referendum may not
amend the legal description of the boundaries of the City, the City boundaries shall continue to
exist as previously provided, subject to amendments caused by annexation, but the voluminous
legal description shall be maintained on file in the office of the City Clerk in lieu of beingse
in this Charter. Pursuant to Sec. 166.031(3) F.S., the City Commission mayby ordinance, and
without referendum,redefine City boundaries to include only those lands previously annexed.)
j INSERT MAP
11 ORDINANCE#2010-029
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Sec. 8. Seal
The official seal of the City of Dania Beach shall bear the legend "Broward's First City -- Dania
Beach-- Incorporated 1904."
Sec. 9. Jurisdiction.
The jurisdiction and powers of the City of Dania Beach shall extend over all streets, alleys,
sewers, parks and all lands within said such area, whether platted or unplatted, and the air above
same; and to and over all waters, waterways, streams, bays, bayous, submerged lands, water
bottoms and wharves; and to and over all persons, firms and corporations, property and property
rights, occupations, businesses and professions whatsoever, within said such boundaries.
The title to and jurisdiction over all streets, thoroughfares, parks, alleys, public lots, and sewers,
within the city, and other property and municipal plants of the city now owned, possessed or
operated by it, and all property of every kind and character which the city may hereafter acquire
within or outside the city, or which may vest in it, or be dedicated to it, for its use or for the
public use, shall be vested in the City of Dania Beach, as created under this charter.
See. 10. Fiseal year-.
E,ditoF's noWit The fiseal year- has been editor-ially deleted as the fiseal year- is Oeteber-
F.S. .
Sec. 14-0. Definitions.
As used in this charter,the following words shall have the following meanings:
(a) The words "previously abolished municipality" shall mean the municipality formerly
existing under the provisions of Chapter 12652, Laws of Florida, Special Acts of 1927.
(b) The words "new municipality" shall mean the municipality established, continued and re-
created by in this Act Charter.
(c) The word "and" shall also mean "or," and the word "or" shall also mean "and," wherever the
contents shall so require.
(d) The masculine pronoun shall designate and include the feminine, and the neuter, where the
meaning so permits.
(e) The word "person" used herei in the masculine gender, shall mean a male or female person,
or legal corporate entity.
I
(f) The term "city clerk" shall mean the "city clerk" of the City of Dania Beach, Florida.
II
12 ORDINANCE#2010-029
(g) The word "municipality" used in this Charter shall refer to the municipality of the City of
Dania Beach unless otherwise indicated.
(h) The words "city commission" shall refer to the city commission of the City of Dania Beach,
Florida.
(i) The word "fteehelder-"as used in this Aet sha4l mean any male or female per-sen whe has
invnediate beaefieia4 ownership interest, legal er-equitable, ii4 the title te a fee simple estate in
lands in the munieipality.
Sec. 121. 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,gender identity, sex,of marital status, or familial status.
ARTICLE 2. CITY CHARTER
Sec. 1. Present charter.
This Aet document shall her-eafte be referred to as the charter of City of Dania Beach, a
municipal corporation of Florida.
Sec. 2. Amendments to charter.
The charter of City of Dania Beach may from time to time be amended as provided by state law,
including Section 166.031, F.S. by duly enae a T-aets of the legislature
of the State
of Fier-i'w•
bt#no speeial aet of the legislature sha4l have the effeet of amending the ehafter-of City of D i
[Beaehl unless nefiee of leeal legislation has been p4lished id by state statute before
sue amendment
is intr-eduee in
the legs slatwn
Sec. 3. Charter review board.
A charter review board shall be appointed by the city commission and shall convene at least
every eight (8) 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.
ARTICLE 3. POWERS OF THE CITY
Sec. 1. General powers of the city.
The City of Dania Beach hereby as created, established and organized shall have full power and
authority:to exercise all of the powers of local self-government and municipal home rule; to do
13 ORDINANCE#2010-029
whatever may be deemed necessaryproper for the safety, health, convenience or general
welfare of the inhabitants of the city; to exercise full police powers; and to do and perform all
acts and things permitted by the laws of the State of Florida.
(1) Ta*es and assessments.-- Deleted.
aleehol of more than fout4een (14) per- eent by weight, by venders eper-ating plaees of business
> >
and
no lieense shall be issued te any applieant for-the sale of intemieating beverages eentaining fner-e
than fiatu4een (14) per- een4 by weight in exeess ef ene lieense for- eaeh ene thousand (1,000)
retained, F.S. § 561.20(4).
gift, deVise, eendemnation,
lease of
ethenNqse, r-e or-personal pr-opet4y or- any estate > ,
highways,for- bufial of the dead; s4eets and Midge and tunnel
sites; the eenstmetien ef a telephone system; plants, wer-ks and wells and other- A .A A
> ,
eleetrie power for- illuminating, heating or- pewer- puTeses; the leeation of water-wer-ks and sites
for publie utility works; the establislunefA of > heuses of detention and eeffeetien;
hospitals for- the eur-e er- detentien ef the siek; jails; market houses, publie > ,
> >
netAfa4izing or otherMse destroying sewage, garbage and r-efuse; for extensien of sewer and
dhainagepipes And water- mains; and fqr- :;nu nublie E)r m..1 min.i ev ipp-all purpoosse.; and te improve, sell-,
lease, pledge or otherwise dispose of same er- any part thereof for- the benefit ef the eity, to the
(4) Ree-reatienalfoeil it ie . Deleted-.
.
(5) rQmehises.-- Deleted
(7�Y}�t . Deleted
(9) C' eeial ,i-aaa essrrients. Deleted-.
(12) Regulate transpertatien.-- Deleted.
> build, improve, JL >
establish, ---ins, bridges Axiadu
eam is, and to levy assessments and hold liens fer- A er- any paFt of sueh improvements;
eenstfuet, maint > landings, > >
and deeks
> >
purposes; fiplarian rights or- other rights and easements
nee ssary for- sueh ehar-ges or- fees on vessels of
to lay and eelleet feasenable duties,
landings, wharves and deeks;
te regulate the manner- 9
14 ORDINANCE#2010-029
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plots,in the same manner- as other- bonds or- revenue eeftifiemes X * led for- in the Chafter- of
City of Dania Beaeh. Te establish and administer an endewmefA or- pef-peat.1-1al eaffir-e. fund for the
maintenanee of said eemetery or- eefneter-ies to be made up by depesiting a portion of the moneys
.3ved from the sale of lots or-
said fund
and aeeept gifts te be depesited in said fund,
regulate the > >
> buildings, workshops, gFeenheuses,
thereto.equi meat. To sell bufW lots and bufia4 rights and all things ineidefital Te sell, ,
Aaia and operate eemmum mausoleums and • To sell, install,
and maintaii.n.
• To sell, manufaetwe,
instaP and maintain grave
> vaults, > >
ifAain and
operate er-emateries with-in the eenfines of the eemeter-y or- eemeter-ies, er- elsewhere. To do any
> >
Sec. 2-. 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 ($1,000,000.00) 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 (4/5) vote of the city
commission, as authorized in advance by adoption of an ordinance. There shall be two (2)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(10) days before each such hearing.
Sec. 36. 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 (2)
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(10) days before each such hearing.
ARTICLE 4. FORM OF GOVERNMENT
Sec. 1. Commission-manager plan.
The form of government of City of Dania Beach, provided under this charter, shall be known as
the "commission-manager plan."
18 ORDINANCE#2010-029
Part II. LEGISLATIVE BRANCH AND LEGISLATION
ARTICLE 1. CITY COMMISSION
Sec. 1. Creation of commission.
There is hereby created a city commission consisting of five (5) commissioners who shall be
elected at large in the manner provided in this charter and who shall take office on the first
Tuesday immediately following their election.
Sec. 2. Terms of commissioners.
The commissioners presently in office as of the effective date of this section, or their successors
in the event there have been vacancies in office before the expiration dates of their terms, shall
continue in office for the terms for which they were originally elected so that two (2) seats on the
city commission will become vacant in 1967 2011 and so that three (3) seats on the city
commission will become vacant in 196$2012.
thfee (3) years eaeh. Thereafter-, beginning with th . JL ial eleetien for-the year- 1970, and at
the munieipal eleetions every fouf (4) years following, two (2) eemmissioner-s shall be eleet ,
for-teFms of four-(4) years eaeh-.
At the mtmieipal eleetion for- the year- 1968, and at the 4 1 eleefiens every four- (4) years
A4 th . JL ial eleetion for- the year- 1967, two (2) eenunissiener-s shall be eleeted for-tefffis ef
At the municipal election to be held in March, 2011, two commissioners will be elected, who
will serve terms ending in November, 2014 (instead of March, 2015, when their terms would
otherwise expire), due to the change in the regular municipal election date to November of even-
numbered years, as provided by City Ordinance No. 2010-027. At the municipal election to be
held in November, 2012, the terms of the three commissioners who were elected in March, 2009
will expire instead of March, 2013, when their terms would otherwise expire), and three
commissioners will be elected, who will serve four year terms. All terms after the November,
2012 election for all subsequent elections shall be four year terms. Staggered terms shall be
maintained.
Sec. 3. Qualification of members.
a To be eligible to hold the office of city commissioner of the City of 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 city for at least one (1) year thesix «' months
s
immediately preceding the date of election, as evidenced by City voter's registration
documentation and shall be otherwise qualified as provided in this charter. Candidates fe
nomination or- eleetien for- the efflee ef eity eenvnissioner- shall eeffTly with all the Mies
19 ORDINANCE#2010-029
Fegula4ions set out in the ehat4er- as to theif eenduet. Any commissioner who shall cease to
possess the qualifications required in this section shall immediately forfeit his or her office.
b No commissioner shall serve more than twe-(2) eight 8 consecutive 99tir-(4) years tefffis
in office (or, but for resignation, would have served for such period of timed wi re-After a full
two (2) year interval out of office, such person may serve before sefvin additional terms_,
subject to the foregoing requirements. This provision shall be przespeeti e and „ retroactive,
and shall net take into account the present and er past terms of the presently-elected .
commissioners1 to be-eleetec .t- gener-al eleetion-ma c
1993- The provisions of this section shall not apply to the time period served by a person who is
appointed or elected to serve as a city commissioner to fill a vacancy occurring during a term.
The provisions of this Section 3(b) apply to the terms of commissioners elected in March, 2009
and to those who are to be elected in March, 2011, even though their terms are or will be
shortened by the change to regular municipal elections beginning in November, 2012, as
provided by City Ordinance No. 2010-027.
Sec. 4. Judge of own elections.
The city commission shall be the judge of the election and qualification of its members, subject
to review by the courts. At the time that the city commission meets to declare the results of any
election any registered elector of the City of Dania Beach shall be entitled to file with the city
commission an affidavit setting out the facts showing that a candidate has violated the provisions
of this charter as to the manner of his or her election, or is otherwise unqualified to hold office,
and the city commission shall take proof at such meeting and declare the results.
Sec. 5. Election of mayor and vice-mayor.
At the organizational meeting of the city commission to be held on Tuesday following the
municipal election held in March 2011, and at each biennial organizational meeting held ever-
two years therreafte
after each regular municipal election thereafter, the city commission
candidate receiving the highest number of votes in such election shall become mayor for a term
of two years. The candidate receiving the second highest number of votes shall become the vice-
mayor for a term of one year. After the one year passes, a vice-mayor will be selected by the city
commission from among its members and he or she shall serve until the next biennial
organizational meeting. A commissioner may be selected to serve as vice-mayor for successive
periods. Any vacancy in the office of mayor of shall be filled by the vice-mayor and a vacancy
in the office of vice-mayor shall be filled by a vote of the city commission.
Sec. 6. Powers and duties.
The commission shall have the power to pass ordinances, adopt resolutions;and motions, appoint
all appointive officers, boards and commissions , and exercise all other powers
herein provided.in this Charter and as otherwise provided by law.
20 ORDINANCE#2010-029
Sec. 7. Limitations on powers.
All powers of the City of Dania Beach except as otherwise provided by this charter or by the
constitution of the State of Florida, are hereby vested in the city commission; and except as
otherwise provided by this charter or by the constitution of the State of Florida, the city
commission may by ordinance or resolution prescribed the manner in which any powers of the
said city shall be exercised.
Neither the city commission nor any of its members nor anyone acting on behalf of any of them
shall dictate the appointment of any person to office or employment by the city manager, or in
any manner prevent the city manager from using his or her own judgment in selecting those
officers or employees which he or she is entitled to appoint or select under the provisions of this
charter. The commission and its members shall deal with the administrative service solely
through the city manager, and neither the commission nor any of its members nor anyone acting
on behalf of any of them members—thereef shall give orders to the subordinates of the city
manager, either publicly or privately.
Sec. 8. Forfeiture of office.
Absence by any commissioner from ��(4) two 2 consecutive regular meetings of the city
commission shall operate to vacate the seat of such member, unless such absence is excused by
the city commission.- by resolution set4ing fefth the ra^�'eh emeuse, duly entered „„o
n Any member of the city commission who shall be convicted of a felony while in office
shall thereupon forfeit his or her office, unless such conviction be reversed. Any commissioner
who shall cease to possess the qualifications required in this Charter to serve as a city
commissioner shall immediately forfeit his or her office.
ARTICLE 2. GENERAL PROVISIONS
Sec. 1. Legislative branch.
The legislative powers of the city shall be vested in and exercised by the city commission,
consistent with the provisions of this charter, the Constitution of the United States of American
and the State of Florida,and the laws and ordinances of the City of Dania Beach.
ARTICLE 3. ORDINANCES AND RESOLUTIONS
Sec. 1. Definition of"ordinance" and "resolution."
As used in this section the followingwords and terms shall have the following meanings unless
g g
some other meaning plainly is lainl indicated:
(a) "Ordinance" means an official, legislative action of the city commission of the City of Dania
Beach which action is a regulation of a general and permanent nature and enforceable as a local
g g
law.
21 ORDINANCE#2010-029
it
(b) "Resolution" means an expression of the city commission of the City of Dania Beach
concerning matters of administration, expression of a temporary character, or a provision for the
disposition of a particular item of the administrative business of the city commission of the City
of Dania Beach.
Sec. 2. Requirements as to form of ordinance or resolution.
Each ordinance or resolution shall be introduced in writing and shall embrace but one subject
and matters properly connected therewith.-.
with it. The subject shall be clearly stated in the title.
No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or
amend shall set out in full the revised or amended act, section, subsection, or paragraph of a
section or subsection.
Sec. 3. Publication of notice; waiver of notice under emergency conditions.
(a) A proposed ordinance may be read by title, or in full, on at least two (2) separate days and
shall, at least ten (10) days prior to adoption, be noticed once in a newspaper of general
circulation in the City of Dania Beach. The notice of proposed enactment shall state the date,
time and place of the meeting, the title or titles of proposed ordinances and the place or places
within the limits of the City of Dania Beach where such proposed ordinances may be inspected
by the public. Said The notice shall also advise that interested parties may appear at the meeting
and be heard with respect to the proposed ordinance.
(b) The city commission of the City of Dania Beach with a two-thirds vote may enact an
emergency ordinance without complying with the requirements of paragraph (a) of the 221ithif1
this section.
Sec. 4. Members of the city commission required to constitute a quorum and enact ordinances or
pass resolutions.
The majority of the members of the city commission of the City of Dania fBeachl shall constitute
a quorum. The affirmative vote of three (3) members of the city commissioners shall be
necessary to enact any ordinance or adopt any resolutions; provided that two-thirds of the
membership of the city commission is required to enact an emergency ordinance. On final
passage, the vote of each member of the city commission shall be entered on the official record
of the meeting. A11 or-di anees—er- reselutiens passed by th gam
QQL vvaaav
effective to (1 0`\ days after-passage
or as A+h yided +h.a fial 1•
Sec. 5. Permanent record of ordinances and resolutions.
Every ordinance or resolution shall, upon its final passage, be recorded in a book kept for that
purpose, and shall be signed by the mayor and the city clerk (or
the deputy or acting city clerk audits in the absence of the city clerk air).
22 ORDINANCE#2010-029
Sec. 6. Code of Ordinances.
rem fiffieto ti e-tThe ordinances of the City of Dania Beach may shall be codified into a
"Code of Ordinances of the City of Dania Beach" and the existing ordinances of the City of
Dania Beach may be revised, recodified and reprinted, and such revision or recodification may
be enacted by a single ordinance.
ARTICLE 4. THE INITIATIVE
Sec. 1. Petition for proposed ordinance.
Any proposed ordinance, including ordinances for the repeal or amendment of ordinances then in
effect, may be submitted to the city commission by petition signed by five (5) per cent of the
total number of qualified electors in the municipality. All petitions circulated with respect to any
proposed ordinance shall be uniform in character, shall contain the proposed ordinance in full,
and shall have printed or written thereen on them the names and addresses of at least ten-(10)
twenty-five (25) electors who shall be officially regarded as having filed the petition, and shall
constitute a committee of the petitioner for the purposes hereinafter- named--. set forth in this
Section. Each signer of the petition shall sign his or her name in ink or indelible pencil and shall
place on the petition, opposite his or her name, the date of the signature and his or her place of
residence by voting precinct, if any he or she has, and street number. The signatures to any such
petition need not all be appended to one paper, but to each such papers there shall be attached an
affidavit by the circulator thereef of it, stating the number of signers to such part of the petition
and that each signature appended to the paper is the genuine signature of the person whose name
it purports to be, and that it was made in the presence of the affiant, and on the date indicated. It
shall be the duty of the city attorney to draft such proposed ordinance in proper form when such
petition shall be presented to him or her properly signed by ten (10)twenty-five (25)electors.
Sec. 2. Time of filing.
All papers comprising a petition shall be assembled and filed with the city clerk as one
instrument, within sixty (60) days of the date of the first signature,thereto,and when so filed, the
clerk shall determine if same contains the necessary signatures, and if so, shall submit the same
to the city commission at its next regular meeting, and provision shall then be made for public
hearings upon the proposed ordinance.
Sec. 3. Demand for election.
The city commission shall at once proceed to consider such petition and shall take final action
thereen on it within thirty (30) days after the date of submission. If the city commission rejects
the proposed ordinance, or passes it in a different form from that set forth in the petition, or fails
to act finally upon it within the time stated, the committee of the petitioners, by written demand
filed with the city clerk, may require that the proposed ordinance be submitted to a vote of the
electors in its original form, if, with such demand, a petition for such election signed after the
final action or inaction of the city commission is filed with the city clerk, bearing additional
signatures of five (5) per cent of the electors of the city, none of whom were signers of the first
23 ORDINANCE#2010-029
petition. The city clerk shall fefthwi12 immediately certify to the city commission the proposed
ordinance, stating whether or not a special election is demanded in the petition, and the
percentage of registered voters who signed the two (2)petitions.
Sec. 4. Time of holding election.
If an election is scheduled to be held not less than thirty (30) days and not more than sixty (60)
days after the city clerk certifies that the petition bears the required number of signers, such
proposed ordinance shall be submitted to a vote of the electors at such election. If no election is
to be held within the time aforesaid, the city commission shall provide for submitting the
proposed ordinance to the electors at a special election to be held not later than forty-five (45)
days, nor earlier than thirty (30) days thereafter, if the petitions for such ordinance and the
petition for such election so demand, and if the signers of the two (2) petitions amount in the
aggregate to at least fifteen (15) per cent of the registered voters of the said city. At least ten (10)
days before any such election,the city clerk shall cause such proposed ordinance to be published,
in one issue of a newspaper of general circulation within the City and the
official City website.
Sec. 5. Ballots.
Ballots to be used when voting upen any sueh proposed or-dinamee sha4l state the title of th-e
or-dinanee to be voted on and below it the two (2) propositions "fer-the proposed ordinanee"' and
v4iieh by making a er-ess mark (X), the veter- may vote fer- or- against the proposed
If a majority of the electors voting on any such proposed ordinance shall vote in
favor thereef of it, it shall thereupen become an ordinance of the city. The form of ballot and
method of voting on the proposed ordinance rein shall be subject to applicable
election laws.
Sec. 6. Duty of city attorney.
Before any ordinance so proposed shall be submitted to the city commission, it shall be first
approved as to its form by the city attorney whose duty it shall be to draft such proposed
ordinance in proper legal language, if called upon so to do, and to render such other service to
persons desiring to propose such ordinance as shall be necessary to make the same proper for
consideration by the city commission.
Sec. 7. Amendments and repeals.
No ordinance passed by an electoral vote can be repealed or amended except by electoral vote,;
but an ordinance to repeal or amend any such ordinance may, by resolution of the city
commission, be submitted to an electoral vote at any regular or special election, provided notice
of intention to do so be published by the city commission not more than sixty (60) days nor less
than thirty (30) days prior to such election, in the manner required for the publication of initiated
ordinances. If an amendment is so proposed, such notice shall contain the proposed amendment
24 ORDINANCE#2010-029
in full. Such submission shall be in the same manner and the vote shall have the same effect as in
cases of{er}ordinances submitted to an electoral vote by popular petition.
ARTICLE 5. THE REFERENDUM
Sec. 1. Petition for repeal or amendment of existing ordinances.
Any existing ordinance of the City of Dania Beach or any section or related sections of the
"Code of Ordinances of the City of Dania Beach" including any initiated ordinances, may be
repealed or amended at a referendum election held and brought about in the same manner as the
election upon initiated ordinances.
ARTICLE 6_z14i RECALL
t .
11 Editor's
i �to�r1y X ,
ti
ARTICLE-76. MEETINGS OF THE COMMISSION
Sec. 1. Biennial organization meeting.
On the first Tuesday following each biennial regular election, the city commission shall meet at
the usual place for holding the meetings of the legislative body of the city, at which time the
newly elected city commissioners shall take the prescribed oaths of office and assume the duties
of their respective offices.
7
Sec. 32. Regular meetings.
The city commission shall meet regularly at such times as may be specified by resolution;.
eept thU XIt shall meet regularly not less than twice each month:zprovided, however, that by a
motion adopted at a regular meeting the city commission may choose to cancel one or more
meetings for reasons such as, but not limited to a summer recess or a holiday recess.
Regular meetings of the city commission shall be held at the usual-place of holding`meetings of
the city commission; provided, however, that no more than four (4) regular meetings in any one
(1) calendar year or any special meeting may be held elsewhere in the city under authority of a
resolution previously adopted authorizing such meetings.
Sec. 43. Special meetings; how called.
_ g �p
The mayor, any two (2) members of the city commission, or the city manager, may call special
meetings of the city commission upon at least six (6) hours' written notice to each member, the
citymanager, city clerk city attorney and chief of police, served personally or left at his or her
g � Y � Y Y P p Y
25 ORDINANCE#2010-029
usual place of residence. , taken a4 any spe
meeting.
Sec. -54. Meetings, minutes and procedure.
provided,Regular-meetings of the eity eewAni-ssion shall be held at the tisils4l :RJAPta
>
that no more than fouf(4)regular-ffleetin... i " one
(1) ealeadar year-or-a spee-ii-All meeeting may be held elsewhere in the eity tmder-authority of
Meetings of the city commission shall be public, and any citizen shall have access to the minutes
and records of them at all reasonable times and under the supervision of the city clerk. The
commission shall prescribe its own rules, regulations and order of business, and shall keep
minutes of its proceedings.
Sec..65. Quorum and vote.
A majority of all members of the city commission shall constitute a quorum, but a less number
may adjourn from day to day and compel the attendance of absent members in such manner and
under such penalties as may be prescribed by ordinance. The affirmative vote of three (3)
members shall be necessary to pass any ordinance on a reading or adopt a resolution, and the
passage of all ordinances and resolutions shall be taken by "yeas" and "nays" and entered upon
the minutes.
Any action taken at a special meeting to sell, lease or grant concession rights to city property as
well as to purchase or to contract in excess of fifteen twenty-five thousand dollars ($4-25,000.00)
v411 shall require a four-fifths (4/5) vote of the membership of the city commission for approval
if placed on the agenda of a special meeting rather than on the agenda of one of the scheduled
bimonthly regular meetings.
Part III. ADMINISTRATIVE OFFICERS AND DEPARTMENTS
ARTICLE 1. EXECUTIVE AND ADMINISTRATIVE
Sec. 1. How constituted.
The executive, administrative and legal advisory Powers of the city, not otherwise provided for
in the charter, shall be vested in and exercised by the following officers and boards, respectively:
(a) Mayor
ener-
(b) City manager
(c) A city attorney
d Advisory boards.
( ) ry _
26 ORDINANCE#2010-029
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 departments.
Sec. 2. Compensation of officers and employees.
The city commission of the City of Dania f Beach}shall by resolution fix the compensation of the
commissioners,the city manager, and of the city attorney.
Sec. 3. Oath of office.
Every elected official of the City of Dania Beach, Florida, shall, before entering upon the duties
of his or her office, take and subscribe to an oath or affirmation to be filed and kept in the office
of the city clerk, which oath shall be in the form prescribed, as follows:
OATH
I do solemnly swear (or affirm) that I am a citizen of the United States, and a resident of the
State of Florida, and of the City of Dania Beach, Florida, and have all the qualifications as
required by the charter for the office upon which I am about to enter; that I will support the
Constitution of the United States, the Constitution of the State of Florida, and the laws and
ordinances of the City of Dania Beach; and that I will faithfully perform the duties of the office
upon which I am now about to enter.
Elected Official
Title of office:
Sworn to and subscribed before me on ,
—dhis the day ef
A.D. 19
Notary Public
Sec. 4. Official bonds.
The city commission shall determine and fix or provide for the bonds of all
officers, clerks or employees required to furnish bond, as determined by the city commission.
Where a bond is required, swne it shall be procured from a regularly accredited surety or
insurance company, authorized to do business under the laws of Florida. and main4aining an
27 ORDINANCE#2010-029
offiee in the City of Dania . The Cityo f Dania Beae., shall a the premium of such
rY
bonds.;all of which shall be payable to the City of Dania Beaeh and filed in the office of the city
clerk.
ARTICLE 2. MAYOR COMMISSIONER
Sec. -31. Functions and duties of mayor one .
The mayor or, in his or her absence or disqualification, the vice-mayor or mayor
pro tem shall perform the following functions:
(a) He or she shall preside at all meetings of the city commission and perform all duties
consistent with his the office, and shall have a voice and vote in the proceedings of the city
commission, but no veto power. He The mayor shall vote last upon the roll call of
commissioners.
(b) He The maw may use the title of mayor in any case in which the execution of legal
instruments, writings, or other papers so require; but this shall not be considered as conferring
upon him the mayor any of the administrative or judicial functions of a mayor under the general
laws of the state, except as herein provided in this Charter.
(c) He The mayor shall be recognized as the official head of the city by the courts for the
purposes of serving civil processes; by the government in the exercise of military law; and by the
public in general for all ceremonial purposes.
(d) He The mayor may take command of the police and govern the city by proclamation, under
the direction of the city commission, during times of grave public danger or emergency, and the
city commission shall be the judge of what constitutes such public danger or emergency.
(e) 14e The maw shall exercise all the powers and duties of the mayor as may be conferred
upon him such official by the city commission in pursuance of the provisions of this charter, and
no others.
ARTICLE 3. CITY MANAGER
Sec. 1. Appointment, qualifications., and compensation; powers and duties; suspension and
removal.
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. Such
appointment shall require at least a four-fifths (4/5) vote. He or she shall be chosen on the basis
of his or her executive and administrative qualifications, and shall be over the age of twenty-one
(21). The city commission may require the city manager to be a resident of the city during his or
her term of employment.
28 ORDINANCE#2010-029
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 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 fouf fifths. (^ 5) unanimous vote of the city commission.
Compensation shall be established by a resolution of the city commission or may be prescribed
by an employment contract.
The city manager shall exercise the powers and perform duties as prescribed by city ordinances,
or an employment contract, or both, as well as those specified in Section 4, below.
A city_manager may be suspended or removed from office with or without cause as prescribed by
city ordinance, an employment contract, or both.
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 fifteen (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 (3) years.:, pr-evidec, hewevzr, that—if th
appeintee isn o. a W-h6 , ir4e b n
of-a-t-Iffeeyear- i3er-ied,-*wmuFed fiefa the beeinnine date
„f the ,,,,n4,•n,.4 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 pr-e3vi e that the full- emp„s tion due for the tefffl of the enntr-n^4
will be paid to the eity manager- as agreed upen liquidated damages if the eefAfaet is tefminated
by the eity eenmnissien before its e"ir-ation date. in any event, fie sueh eefAfaet shall ifielude
cry-Mtge -te-the-date-of the tuftd eKplkmatieffim, of the eefAfaet. 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
29 ORDINANCE#2010-029
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 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 (5) 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 n�
employment eei#faet, the city manager may be removed from office for cause by a majority vote
of the city commission; if removed without cause, a four-fifths (4/5) vote is required. "Cause"
includes but is not limited to the grounds for termination identified in subsection 3(a) above. as
A ided in this subparagraph. A eity manager- who has seFved less Omm ene (1) year- may be
removed without eause by a dffee fifths (3/5) vote of the eity ee . -.--h However-, if a eity
manager- sefv h eapaeity for- a one year- peried, but r-eeeives a less than satisfaeter-y
A . d of tifne to improve per-fefmanee. After-that per-ied, the eity manager- shall be rated by
eity en and if the per-fefmanee eentinues to be rated as less than safisfaeter-y, the eity
feyal µa4i nn s of the eity manager shag be �.e r,duete ni'fi on about 4e1. r 1"��
w,�a VlaV V1 L11V V1L• 111L411L4GV1 �711GL11 V\/�QTr , C�Qp��=-
30 ORDINANCE#2010-029
eity manager- sha4l be afforded a period of six (6) menths to i perfefmanee. After- that
to be rated as less than safisfaeter-y, the eity manager-may be removed by a 4ffee fifths (3/5) vote
of the eity eenmnissien. Despite A sien whieh is or- appears to be to the eefitfar-y in thee
foregoing pr-evisi a, a eity manger- may be removed m4thout ea-use at a" fifne by a four fifths
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 threshold (as established by the
city commission by ordinance) whenever necessary and proper so to do. Purchases of supplies,
31 ORDINANCE 42010-029
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 one (1) or
more governmental bid solicitation web sites (such as "Demand Star") and in a newspaper which
is generally circulated within the city. Such advertisement is to be published once, not less than
fifteen (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 eighteen (18) 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 (4/5) 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 sixty (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, hewever-,
that any rn,eh ins ,ment wieh eyee ds n monetary thfes el subject to procedures as
established by city ordinance sz� G7I11 , e ffi e a Authorized
men tarry thfesheld shall r- manual signatufe ef one (1) of the ferregeing design
effieials and a faesimile signatwe ef any other- authorized offleial, ether- than thM ef the per
manually signing the instniment.
ARTICLE 5. CITY ATTORNEY
Sec. 1. Appointment and qualifications.
The city commission shall appoint a city attorney who shall serve at the pleasure of the
commission. He or she shall be a lawyer of at least two (2) years experience and practice in the
courts of the State of Florida. He or she shall receive such compensation as the city commission
may by resolution fix and designate.
32 ORDINANCE#2010-029
(a) Attend the meetings ef the eity ee and advise the eit., 11 points
of law and m4r-liam
(b) Prepare all or-difianees and resolution 1 by the eity eemmission for- adoption Of
enntmorst
. .A I bends need not be ender-s-ed vAth the approval of the eity at4efney as to form and
so o derse thof.oen
(d) When required te do so by the eity e H, pr-oteet. and defend en behalf of the eity
all
or- file any aetion on behalf e
++ > party,
the
�
> >
the heard of m+y departmen4, or- any
C •stan4 pity ntto.meay and speeinl nit�� �44�rr�n��c+
S� .
have ne difeet ela* t the eity for-the value of theif servie s. Evidenee of the appointment
manager->whieh shall be retained en file at the eity hall, and whieh shall show the flame,
he
address and business address of eaeh assistant eity attemey. Assistant eity attemeys must be
admitted to pr-aetiee in the eetffts of the State of Fier-ida, but sueh assistant eity attemeys need not.
a#efney by the eity atteme in fer-ee after-the end of the appointment of the eity a#emey.
in addition to assistant eity a#emeys who may be appointed by the eity a4tofney as afer-esaid,the
eity ee i i t shall also have the right to appoint and to employ speeW eity attemeys whe
shall serve tmder-whatever-terms and eenditiefis as may be fixed in the r-eselution regarding thei
appointments.
ppo ntma is
(Sp
33 ORDINANCE#2010-029
Part VI. REGISTRATIONS AND ELECTIONS
ARTICLE 2:1 ELECTIONS
in the event in any year- eandidates fer- eit., ision shall not equal mer-e than de4le the
has been filed shall be plaeed upon the generP4 eleetion ba4let for- the general mtmieipal eleefien
ieh year for-the effiee of eity eemmissiener-sF and it shall be twmeeessar-y te held any p6fnafy
eleetion in sueh year,
in the evei# emdidates for- eity eenmnissi -y year more than double the number- e
members of the eity eewAnissiea te be eleeted in sueh year-, meminatien petitions shall be
fer- sueh eandidates. Then in sueh event the eit-y eemmission shall y reselutien ea4l a primary
eleetien shall be held on the seeend Tuesday of February in said year-, and at said p
shall be plaeed upon the general eleetion bedlet to the extent of double the nuffiber-ef membe
the
nitcr n n to be
vlontod in said
crony
Sec. 21. Regular municipal elections.
An eleetien shall be held -Afl. dhea. Tuesday neK4 sueeeeding the first Monday in Nevember-, 1967,
Nevember-9 1967, shall serve for- terms whieh expire on the Tuesday next sueeeeding the first
Menday of November-, 1970. on the Tuesday neNt sueeeeding the first Monday of November-,
1970, and en the Tuesday neK4 sueeeeding the first Menday of November- e3ver-y feur- (4) years
thereafter-ufAil after- 1975 and then en the seeend Tuesday in fnar-eh thereafter-, twe (2) members
An eleefie-a shall be held en the Tuesday neK4 sueeeeding the first Men-day in Neven+ber-, 1968,
November-, 1968, shall serve fer- tefms whieh expir-e en the Tuesday next sUeeeeding the first
i972, and en the Tuesday neK4 sueeeeding the. first Meaday ef November- every few (4) years
ther-eaftef until 19,75 and then en the seeend Tuesday in Mafeh ther-ea-fter-, tIffee (3) members e
34 ORDINANCE#2010-029
the tefm of an isiener-who holds a present ef-fiee and who is being sueeeeded by a newly
eleeted eeffi.fflissiefleir- shall extend to and expire as of, the date on w-hieh the newly elee
aeeer-danee with the other- pfevisions of this ehaAer- eeneeming the seating of newly elee
eleetions of eity eemmissiener-s shall be held biennially, with dffee (3) of the &Ve (5) eity
b egi i g the Tuesday next sueeeeding the first Meaday in November-, 1970, and fer- theffi
feur- (4) years thereafter-. The previsions of this paragraph shall be subjeet te the pr-evisions in
another- seetien ef this ehafter- eeneefning the methods of filling 3Vaeaneies ill the effiee of e-Ay
ee .--.----er-a*d Whieh may allew, in some i stanees where there ahs been a3vaeaney in
Notwithstanding any language to the eentfar-y in this seeti 3ther- seefiens ef this ehafter-,
Regular municipal elections shall be held at such time and in such manner as prescribed by City
Ordinance consistent with the requirements of state law.
[Editor's note: See Ordinance No. 2010-027 concerning' the regular municipal election date.]
Sec. 32. Special elections for other purposes.
A special election, for a purpose other than the memination e election of city commissioners,
may be called by resolution at any time by the city commission, provided that fifteen (15) days
intervene between the date of the adoption of the resolution and the date of the election, unless a
different time be is otherwise provided in this Ac4 Charter or ;n the aet tmdeF authority ef w1 ie.h
the e eet e s is ^alle by law. Any matter er ^**�r�, which by the terms of this Charter or Ac4
by law may be submitted to the electors of the city at any special election, may be submitted and
voted upon at any regular municipal election.
Sec. -53. Calling an election.
All elections shall be called by resolution of the city commission, and shall be conducted, except
as otherwise specifically provided, under the rules of elections prescribed by the general election
laws of the state, when not inconsistent with the provisions of this Charter. Should the city
commission fail or refuse to call any annual p election in due time, the city manager
shall do so.
35 ORDINANCE#2010-029
In the event due to hurricane, storm warnings or other disaster it shall be necessary or expedient
in the opinion of the city commissioners , they may by resolution
postpone the date of the holding of any regular or special election of the City of Dania rue,ehl
.
(a) The eity eenunission shall by resolution determine and provide for- the method and
manner- of ealling and holding any and all City eleetions, eyceept as otherwise provided by law.
the City Clerk shall name the inspeeter-s and eler-k to serve upon eleetion beards and designate
fie poll worker- shall seiwe or work in the same polling pr-eeinet in two eenseeUtive I
general eleetiefis.
(e) Ever-y preeinet shall be staff-ed by poll workers fandemly seleeted ffem the gener--al pool
oL_poll
ti Tar-ker-s.
(d) '1 in lieu of preeedur-es deser-ibed above as to poll 9 the City
of Eleetions.
Sec.94. Nomination of candidates for city commission.
Any bona fide resident of the City of Dania Beach and of the State of Florida, and citizen of the
United States of America who is a registered voter of City of Dania Beach and possesses the
qualifications necessary to vote at city, state and national elections, and who is otherwise
qualified to be a member of the city commission, as provided in this Ae4 Charter, may be a
candidate for the office of city commissioner by filing a verified notice of candidacy for-
ione with the city clerk of said eity no-earlier- than neon on the first day ift
Januafy nor- later- than neon on the fetu4eenth day fellev4ag the first work day in januar-y e
ealendar-
within the
applicable qualifying
_period as prescribed by law (for the March, 2011 regular municipal
election only, the qualifying period begins at noon on January 3, 2011 and ends at noon on
January 10, 2011), and by paying as a qualifying fee the sum of twee five dollars- ($25.00)one
hundred dollars ($100.00) to the city clerk at such time, which
money shall be used for the purpose of defraying the election expenses, and by paying any
applicable statutory election assessment required by law. Such notice shall be in the following
�' forme:
NOTICE OF CANDIDACY FOR CITY COMMISSIONER
I, , residing at Dania Beach, Broward County,
(name of candidate) (resident address of candidate)
Florida, do hereby by this document give notice of my candidacy for the office of city
commissioner of the City of Dania f Beachl, Florida, in the feAheeffling prim election to be
held in said the city on
(date of pr-imafy election)
I do further state that I am a bona fide citizen of the United States of America, and a resident of
fthel City of Dania Beach; and that I have resided in and have been a registered voter in fthe}
36 ORDINANCE#2010-029
City of Dania Beach., for six men one (1) year immediately preceding the date of the election
to be held; that I am over the age of twenty-one (21) years; that I have paid the qualifying fee for
said the office, and that I have fully satisfied all conditions precedent to such candidacy,pursuant
to the provisions of the charter of said the city.
(Signature of candidate to sign en this line)
State of Florida)
County of Broward)
Before me, the undersigned authority, this day personally appeared
(name of candidate)
who, upon being duly sworn, deposed and said: That he or she is the candidate referred to in the
foregoing notice; that he or she is familiar with the contents of said the notice, and that the facts
and matters therei stated in it are true; and that he or she did sign said the notice for the purpose
ther-ein specified in it.
(candidate)
Sworn to and subscribed before me this e day of A.D. '° on
Notary Public, State of Florida
My commission expires:
Such person se filing said the notice ed, and after paying the qualifying fee as
prescribed, if otherwise found to be qualified, shall be entitled to have his or her name printed
upon the official primary ballot at for such prim election.
filled,VAienever-, for- A afy eleetion, the number- of eandida4es qualifying is less than, er-
then, and in that event,
shall be held, even though pr-evieusly ealled, and when time for- qualifying for- sueh pr-im
have the* printed on the ballot fer- the next F 214-1 ffir or- speetal fntmieipal eleet On.
However,, if eandidates in number- greater- than t--Mee the numbeF of plaees to be filled have
Q I 1$4 1 i:F4 A dfor- any 4eetion, as aforesaid, then it shall be the duty of the eity eenmnissieft
to hold s„eh r,.,.,.,,,,.,, ova„+;,,r
37 ORDINANCE#2010-029
new paper-,
bulletin or- other- pr-ifAed fnatter- and shall be pefmitted te speak open the
7
television.. - is involved at any publie gathering or- evef any eefimnMie-a4tiens media sueh as radio of
> >
empleyme.n.t. or- other
diing of va4ue te i.fidividual voters for-the p1ir-PAQkPQ.. A� their- votes. Avielatien ef any e
--eh eandidate from holdin the if
and the
> >
> >
efA tle to the effino
Sec. 4-26. Nomination and election.
ballet at the aeyit regular- or- speeial eleetion in a number- equal te vA4ee the ntffnber- ef vaeaneies
equal to the number- ef plaees te be filled, shall be deel e I...ted. if a primary eleefien is
eleetiefl..
The names of the candidates for nomination for the office of the city commission shall be placed
upon the ballot and the candidates who receive the Greatest number of votes at such election,
equal to the number of places to be filled, shall be declared elected; provided, however that the
person who receives the greatest number of votes shall be the mayor for a two year term, as
provided in Part II, Article I, Section 5 of the Charter.
Sec. 4-37. Filling vacancies in the office of city commissioner.
in the event that a pefmanent vaeane a the eity eemmissien at the time w-hieh is within
m4thin thirty (30) days from the date tha4 the vaeaney • >
resignation,the neNt available
thit4y (30) days fifem the date diet the 3vaeaney oeeufs, shall take aefien to ea4l a speeial eleetiefl.
>
r-emeval from or- fer-feitwe of offiee. The pr-eeedur-es for- filling vaeaneies shall be AH4he
In the event that a permanent vacancy arises in the office of the city commission, the city
commission shall appoint a person who would otherwise be qualified as a candidate to the vacant
position within sixty (60) days of the vacancy. Such person shall serve for the unexpired portion
38 ORDINANCE#2010-029
of the term of the position, but only until the very next City biennial election occurs, so that the
remainder of the term, if any be filled at such election. On the first Monday following the
appointment of a new member, the commission shall meet to receive such new member and to
have the oath administered.
Sec. 4-48. Interim government.
Should a condition arise where there should be no city commission serving, either through death,
resignation or otherwise, in the interim until a special election can be called to fill such vacancies
the city manager shall be the official head of the city and shall conduct the business usually
transacted by the city commission; but he or she shall by proclamation call a special election at
the earliest possible date. In the event of the inability or refusal of the city manager to serve in
such capacity or to issue said such proclamation within five (5) days after such condition arises,
the city clerk shall do so.
under-the Pales and eendifiens pr-eserribed by the general eleetien laws of the swe.
Part VII. FINANCES AND TAXATION
ARTICLE 1. ANNUAL BUDGET AND LEVY
Sec. 1. Annual report and estimate.
The city manager shall, as near to f September}first in each year as practicable, submit to the city
commission hi-s an annual report covering the fiscal year ending(September}thifty first thirtieth.
In making such report he the city manager shall estimate receipts and disbursements for the
month of[September}, based on information in his or her possession. He or she shall also make
an estimate of the expenditures and revenues of the city for the ensuing year. This estimate shall
be compiled from detailed information, and its arrangement and classification of expenditures
shall be as nearly uniform as possible for the main functional divisions and departments of the
city, and shall give in parallel columns the following information:
(a) Detailed estimate of the expense of conducting each department and division of the city
government, including all public utilities, facilities and enterprises conducted by the city.
(b) Expenditures for corresponding items during the two (2) fiscal years last past.
(c) Amount of supplies and materials on hand.
(d) Increase or decrease of demands for the ensuing year as compared with corresponding
appropriation for the last fiscal year.
(e) Such other information as required by the city commission or as the city manager may deem
advisable to submit.
39 ORDINANCE#2010-029
(f) Estimates of revenues to be derived from sources other than ad valorem levy. The estimates
so given, constituting the recommendation of the city manager as to the amounts necessary to be
appropriated for the ensuing fiscal year, shall be supported with information giving the reasons
therefor in such detail as may be necessary to afford the city commission a comprehensive
understanding of the needs and requirements of the various divisions of the city government for
the ensuing period. Sufficient copies of the annual report and estimate of the city manager shall
be prepared so that there may be copies on file in the office of the city clerk for inspection by the
public.
Sec. 2. Annual budget and appropriation.
As soon as practicable after the receipt of the annual report and estimate of the city manager, the
city commission shall meet and carefully consider the same; shall determine and fix the amount
necessary to carry on the government of the city for the ensuing year; shall by resolution adopt a
budget setting forth the amount necessary to be raised for the various departments of the city;
shall appropriate such amounts to the various departments; and shall determine the amount of
applicable funds on hand, the estimated departmental revenues, and the amount of millage
necessary to be levied.
Sec. 43. Power to levy.
The city commission shall have the power by resolution to raise such a sum of money by
taxation, and to levy upon the taxable property in {thej City such a millage or
tax, as it shall determine to be necessary in order to raise such sum for the operation of the said
municipality; the right to levy such additional taxes as may be necessary to pay interest on
outstanding bonds or such bonds as the city may from time to time issue in accordance with law,
and also to provide a sinking fund for the redemption of said such bonds; and shall have the
power to levy additional taxes for other purposes provided for in this charter and by the laws of
the State of Florida.
See. 5. Taxable property.
All prrepei4y, real —And per-sonal
.V-- I in [thej City of Dania [Beaeh], not expressly exempt by the laws
of the State of Fier-ida, shall be subjee-t te taxation by [the] City of Dania [Beaehl.
State law r.efes.enees: Taxation-and
an �v-n.�ne, F.S. G S en Trms fer of fi mds
The eify - . .on shall have authority to transfer-any paft of any uneneumber-ed balanee of an
XX X . 4ion to a purpose er- ebjeet for whieh the appropriation ef the euffent year- has proved
or- may authorize a transfer- to be made between items appropriated to the Same
funds nor-to be sinking funds.
Qen 7 L i m i t a t i e A--fnr�v�rorfriations.
40 ORDINANCE#2010-029
any- obligation for- the expenditwe of any meney be ineuffed, exeept pufsuant to the
See. 8. Payment of elaims7
No waffant fer- the payment ef any aeeettat er- elaim shall be issued by the eity eler-k until sue.h.
aeeeunt shall have been apff-eved by the head of the depaFtment for-whieh the indebtedness was
ffed and by the eity manager-, and sueh ef-fieer-s and their- sureties shall be liable to t
.1ity for all less and damage sustained by the fflunjr-,inAlitv fer- reason of eeFFUpt e
appropriation shall have been satisfied or- abandoned, may frem time to time be appr-ep-iated
ARTICLE 52. SPECIAL ASSESSMENTS FOR LOCAL IMPROVEMENTS "DOPTTn,.T
Sec. 1. State law adopted.
The city heresy adopts by reference, the provisions of Chapter 170, Florida Statutes, relating to
the assessment and collection of special assessments within the City of Dania [Bea eh], Fler-i �
ARTICLE 63. GENERAL PROVISIONS
Sec. 1. Checks and warrants.
All eheeks and waffants for the payment of money sha14 be signed by the finanee dir-eet
his or- her- absenee, by the eity elefk > >
and
eounter-si.9,ned by the eity manager-, or-, in his or her absenee, eounter-signed by the mayon Fer-
eheek er-4AXaffant that does not emeeed the sufn of ene thousand five hundred dellar-s 9$1,500.00)-,
> >
au4her-ize or- designate
The city commission shall by ordinance establish procedures to be followed by the Director of
Finance to implement current banking_procedures which comply with state law with respect to
the payment of money on behalf of the City.
Sec. 2. Contracts.
All contracts, bonds, certificates of indebtedness and legal instruments shall be signed by the city
clerk and the city manager and countersigned by the mayor or acting mayor-
ione
41 ORDINANCE#2010-029
See. 3. Fees and moneys eelleeted.
All fees and meneys eelleeted and r-eeeived by effieer-s and employees shall be immediately paid
ever--to-the anee difee4-oof
fir.�o.�,esit in
the dAr.AC14Or-ies ash r�r�,c de
� �z-urrvv�vrrvruvpv�rrrrr�avpv�r�vrrw-crsnvr�zirFn v�x�sLu:
See. 4. Tizustees of sinking fund.
The members of the eity e . ., n sha4l eenstitute the trustees of the sinking ftmds of the City
of Dania [Beaehj, and as sueh shall be the tfustees of sueh bonds as may be issued ffem time to
time for- lega4ly authorized munieipal puTeses, and shall manage and eeatr-el the sinking funds
er-eated for- the liquidation of sueh bonds, su-bjeet to the provisions of the general laws of the
Sta4e of Wer-ida and the or-dinanees of the City of Dania [Beaeh], with r-elation to the
management of sueh funds.
Sec.-53. City depositories.
The city commission shall from time to time in its discretion designate banks or trust companies
as city depositories. Any bank acting as city depository shall make monthly reports to the city
commission showing the balance on hand at the beginning of the month, the sums received and
paid out during the month, and the balance on hand at the end of the month, and shall return with
said the report all checks or warrants properly cancelled, which the said bank has paid during the
said month. The city commission may establish rules and regulations regulating the deposits,
withdrawals of funds, security to be posted or provided by the depository, and other safeguards
for the deposited moneys of the City of Dania eaehl; providing that same shall not be
inconsistent with the provisions of this Aet Charter.
Sec. 64. Insurance reserve fund.
There is hereby created and established for the City of Dania {Beach} a separate fund to be
known and designated as "insurance reserve fund," and monies which may be placed therein in it
from time to time shall be kept separate and apart from any and all other funds of said the city.
Funds or sums of money which may be placed in said "insurance reserve fund" shall be invested
by the city manager in such securities or upon such collateral only as may be approved by
resolution of the city commission, and shall be expended only for replacing, rebuilding, or
repairing city property damaged or destroyed by flood, storm, fire or hurricane.
Part IX VIII. City Planning and Development
�See. . Genera pewee-s.
l►J�Fer- the purpose of pr-emeting > > > fitttffe development,
height, or- the general welfare
of the eemmunity, the eity eewAnissiea of the City of Dania []3eaeh] is hereby empowered to
r-egulme the use ef all real estate and improvements in the eity, and to rtegulme and restr-iet the
the per-eentage of let that
number- of stories and size of gs and other- ,
population,may be eeeupied, the size of yards, eetH4s and other- open spaees, the density of
buildings,the leemien and use of ef ether
> and land for- trade, 7
42 ORDINANCE#2010-029
The eity eeffffaissien ef the City of D -ed to zone and establish areas
v�4thifi the limits ef the Gity of Dania [Beaeh] wherein beverages eentaining aleehelie eentefft.
may
r,o4 be
sold.
See 2. D7+strieLs
For- any or- all said pufpeses the eitw ,sien shall by or-dinanee divide the mumeip it-Y into
distfiets ef sueh number-, shape d. ffllrvl�a A.S. may be deemed best suited to eaffy eut the purposes
of the > and shall sptaei:�v 4A43
at lands or- areas shall be ineluded in eaeh >
and withi
> > ,
> buildings,e of
7
but the r-egulatiens in ene distraiet may differ-frem these
in
ether
d i stf n+c.
Sueh regulations shall be-made in aeeer-danee -A4th a eempr-ehensive plan, and designed te lesse
See. 3. Pur-peses in view.
and the gener-a4 > adequate light and > to prevent the ever-er-ewding ef lands;
tfanspeftatien7 > > 7
shall be made with reasenable > ameng other-things, te the ehar-aeter- of the ,
uses, >
view to . g the value ef buildings and eneewaging the mest appr-epriate use ef lands
4hreuirhn,u+ c.»nh miir»nipnli4y.
IIVT4. Present zn.r ing er-di nnnnc..
The present zoning or-din - 1 regulations ef the City of Dania [Beaeh], net ineensiste
Grim
AZIGTiZ[CRZ1Tthe mo4hed previdod in this nr+inln.
Sen. 5. Amendments to wing-e `azianees
amend, supplement, ehange,
M Any > sulpplement, ehange,
amends, supplements, ehanges,
modifies or- r-epea4s an
Ne. 33 of the eity eeaffnission of [the] City ef Dania Beaeh, adepted wen. final feading on
Deeember > >
,
Fier-ida Statutes, sha4l be applieable te every type of zoning er-dinanee adeptia.61 Lv th
Y.
n�mm�c�c.io of[the] City of Dania Bonn
(3) >
eity ee in adopting any type of zening er-difianee shall be the same as the pr-oeedtffe e
adopting all other tP pas ef or-dinanees
43 ORDINANCE#2010-029
ARTICLE 21. CITY PLANNING AND ZONING BOARD
Sec. 1. Establishment and membership.
The "city planning and zoning board" of the City of Dania Beach, Florida, consisting of five (5)
members and two (2) alternate members, is created and established. The members shall be
appointed by resolution of. the city commission and each shall serve at the pleasure of the city
commission and each shall be a resident and qualified voter of the City of Dania Beach, Florida.
In addition, the School Board of Broward County, Florida, is authorized to appoint a designee to
serve as an ex-officio (non-voting) member of the board. Such appointee is not required to be
either a resident or qualified voter of the City. Such board shall elect a chairperson and vice-
chairman ep rson from its members. The chief bigplanning
official of the City, and the; eC y aAttorney shall attend all board meetings. a�� - city
ffem rtime to time to meet iN}th-the beard. The board members shall serve without compensation.
Regular meetings of the board shall be held monthly time
speeifie , and minutes of board
meetings shall be kept and preserved, but special meetings may be called more frequently, if
desired.
See 7 Duties of
T ear-.a
The d»+ios of the nity pl a zoning
board
shall
be as fellows.:
plan,to eenduet investigations and hear-ings en ma#er-s of proposals to eh ag regulations,
(b) To study any existing eity
improvement,development general and probable futwe >
plan; and from time to 6
r-per-a4e new developments, or-for-the -adeptie.n.of a new eit-y
(e) To investigate and appr-eve or- disapprove a4l new plats to be fepr-esented to the
(d) To per-fefm sueh ethef duties as may ffem time to time be assigned to sueh board by
See
3. Rules regulations
and
n pr-eeod„ro.
r-eseareh A.Ver-k or- planning work and &r- ealling in advisers er- assistants ffem time te fifne as
board shall have the r-i& to reeenmnend to the eit . isien that stenographers, t�Tists
eleetrieal help, not in the elassified ser-vi e, be empleyed ftem time to time within the lifnits Of
the funds pr-evided. The board shall have the right teA .1 . ellaneous expenses ffem time to
ther-eto,,but no meniber of the board sha4l draw any eempeasation fer-his Sueh board shall adopt reasonable nUles and r-egulatiens for- the presentation of mat4er-s befer-e
I
�I
44
ORDINANCE#2010-029
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of failufe of [the] City of Dania [Beaehl to take proper- aetion within a reasonable time, any
taxpayer-may do se-.
so indieated by ntffaber-of other-designation as to be e-asily and intelligefttly r-efeffed to by way e
thereof, the lands ther-ein indieated may be d-eser-ibed and assessed upon the eity tax assessment
r-ell by r-6�aee to sueh map, whieh sha4l be plainly endorsed "Dania Gity Map" as a suffieient
Part M IX. ADVISORY BOARDS
ARTICLE 1. DANIA LIBRARY BOARD
There may be er-eated by or-dinanee of the eity eefmnission of the City of Dania [Beaeh] a See. 1. Created.
Library n
> members,to eensist of five (5)
to be appointed by r-eselution and serve at the
pleasure of the eity eemmission. No member shall r-eeeive any pay or- eempensation fer- any
ender-ed as a member of the bear-d. The beard shall eleet one of its fnefnbefs as
ehaifry a and
n stie ether-effinnr-s as may
be neeessaf
bylaws,Thfee (3) fnember-s shall eenstitute a quenim. They sha4l have power- te make and adopt su
C7 >
and for- the gevefmment of the library and
reading > as they may deem expedi to the eefAfel and samen4sieft ef the ei
>
-ion. They shall have eefAfel and supervision of expendit-wes- of moneys eelleeted e
denated to the eredit ef the "library fund."
See. 3. Empleyees-.
shall,All n:4iii
employees of the publie,
eity library or lib-f—aries sha4l be appointed by the eity
ee
The libfar-y board >
make a r-epeft to the
August in sueh year-, shewing all moneys r-eeeived er e*peaded; the number- ef books and
dieals on hand; newspapers and euffent liter-at-we subseribed for- or donated te the reading
> >
issued,and the number- lest er-missing; the number- of visitors at4eading; the number- of and ehar-aeter- ef
beeks leaned or- with sueh statis4ies,
interest, i4�atien and suggestions as they may deefn 0
general >
47 ORDINANCE#2010-029
See. 5. Publie library.
Flviamv lihr-Avy and rearling room operated and maintained- by the eity shall be forever- ffee to the
Library Board may adopt to r-ender- said libr-arries and reading rreems of the greatest use to th-e
inhabitants of said eity. The libfar-ian may exelude ffem the use of any library and reading r-o
any per-son who shaH wilfu4lyvielme orr refuse to eemply with fules and regulations establishe
All speeia4 taxes levied orr eelleeted and all fiinds donated, er- in any way aequir-ed for- the
11
er-eetion
shall be kept for-the use ef sueh lib
> library,
a separate fund of said eity, and shall not be used or-disbufsed fer-any ether-pwTose-.
Any bylaws or- regulations established by the library board may be amended by the eity
AR IC E 7. PARKS AND RECMATION BOARD
See. 1. Created.
fl
and r-eer-eation fl
for- the City of Dania [Beaeh], whieh shall eensist of five (5) residents e
the City of Dania [Beaeh], who shall be appointed by r-eseltAien of the eity eommission and
serve without eempensation at the pleasufe of the eit, isiefl.
The parks and reer-eation bear-d is hereby authorized te eleet one of its fnember-s as pFesiden4 and
furnished 4o the nifty nemmic.cri�r
See. 3. Powers and duties-.
eenneetien therewith as may be pr-eser-ibed by or-dinanee duly eflaeted.
See. 4. Superintendent of par-ks.
There may be a superrintendei# of par-ks who shall per-fefm sueh duties as are assigned to him,
and per-fefm his duties in eeeper-atien with the par-ks and r-eer-ea4ion beafd. He shall meet with th-e
parks and
n rOer-eat o beard and
n be a AV effie9A member of said beard_
ARTICLE 31. ADVISORY BOARDS GENERAL PROVISIONS
See. 1. Hew
e.THew'eens}2}C+o�.The eity eemmissien may at any time by r-eselulien-appoint adviser-y beards eemposed of men er-
48 ORDINANCE#2010-029
i
-espeet to the eenduet and
the eity manager, or to any depaAment of the with r
7
their- du4ies shall be to eensult and advise with sueh munieipal effieer-s and make �wittea
eaeh meeting shall be prepared and filed with the eity eler-k.
Sec. 1. Creation.
The city commission may at any time by resolution create advisory boards and appoint members
to them, who shall be residents of the City for a period of six (6) months prior to their
appointment. The members of such boards shall serve without compensation at the pleasure of
the commission. Each board shall elect a chairperson and a vice-chairperson from its
membership. Minutes of each meeting shall be prepared and filed with the city clerk.
Part XR X. MISCELLANEOUS PROVISIONS
ARTICLE 1. PUBLIC WORKS AND UTILITIES
See.-1--Publiie�v�s
limits, to eenstFuet,
lefim> > > and to maintain, eenduet,
operate, and
limits, wharves, warehouses, ship eanals, >
reservoirs, systems, tFtmk sewers, > pumping sta4ions,
siphons, we
intakes, > systems, pufifieation works, eelleetien systenys-,
works,treatment and disposal lets,ff systems, eemeteries,
gas
plants and dist-Fibu4ion systems, and any other building or- faeilities as may be required i
eenneetion > therewith;
an
shall have- the right and pewer- to issue bonds or- revenue eeftifieates in the mmmer provided in.
this ehat4er-I in an ameun4 neeessai:y te eaffy out any, ofsaid pewers -purposes. All ef the above
and any ercisting -11,11., --., be eembine vVit-h. —Anobt—ew.. e-Nistia-Ag utility and jointly improved by
of f :vean.1-lea Weinds. of eneftifieates, and the revenues derived jointly pledges to retire sue.h.
bonds er eefti f eates
Secs. Lights, he-at and powern
streets, >
publie buildings
> and to > >
e p e ri-A e 1p,1. eit—her- within or- without the eer-per-ate limits ef the eity fer- souree. of power-
maintain and-
lh,ghting heating by kaleefti
> > >
method; a4emie power
at And nwwe for-
and to supply the inhabitants of said eivy with aftifieial light, he >
same.demestie, business and other- purposes, and to ehafge and eelleet reasonable rates, pr-iees and
49 ORDINANCE#2010-029
and
> establish and maintain waterworks,
> lay pipes,
fire; and de sueh ethef things as may be
wholesome water- to the inhabitants ef said eity for- d-emestie and other- pufpeses, and to pr-etee
the pr-epet4y of said eity and its inhabitants atgainst >
same, pr-iees and
eempensations for- fimiishing and supplying >
whieh may be
A ided for-43.the tax levy.
See. 4. Sewer
The eity shall have the pewef- to er-eate sewer- zones or- areas by or-dinanee and to pr-eser-ibe
reasonable r-egulati " ir-ing a4l per-sens er- eer-per-atiens living er- doing business within sue
areas to eefmeet9 W-he > >
operated of
Sec. -51. Service of utilities to consumers outside of city.
The city shall have power to supply water,ele and sewer service for domestic and
other purposes, to individuals, firms, corporations, and other municipalities outside of said the
city, and to charge and collect reasonable rates, prices and compensation for such services
terefereAmt and the city shaR may charge a rate not Iess more than twenty-five (25) per cent
higher to such consumers than is charged for a like class of service to a like class of consumers
within the city limits.
ARTICLE-32. 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 two hundred fifty
thousand dollars ($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 two hundred
fifty thousand dollars ($250,000.00) and five hundred thousand dollars ($500,000.00), a four-
fifths (4/5) 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 five hundred thousand
dollars ($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
50 ORDINANCE#2010-029
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.
Sec. 2. Notice of sale.
Not less than thirty (30) days, nor more than sixty (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 (2)
issues before such date of sale, with the first publication to be made not less than ten (10) days
before the date of sale, and the second publication one (1) 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 thirty (30) days, nor more than sixty (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 section 1 above concerning property valued
at less than two hundred fifty thousand dollars ($250,000.00), a four-fifths (4/5) vote of the
members of the city commission shall be necessary to approve such sales. This shall not impair
the referendum requirement of section 1 above. The above restrictions shall not apply to the sale
of cemetery plots in municipal cemeteries.
51 ORDINANCE#2010-029
Sec. 5. Sale of surplus real property.
(a) Notwithstanding the other provisions of this article, the City of Dania Beach shall have the
right to exchange, sell or convey real property acquired by the City of Dania Beach through
enforcement or foreclosure of City liens and transfer of Lands Available for Taxes from Broward
County, in accordance with the procedures stated in part(b)her-ei below.
(b) Procedures. The Commission must pass by resolution with a supermaj ority vote requiring
four out of five Commissioners' assent, which resolution must include the following:
(1) A determination that the real property is surplus property and acquired by the City in
a manner described in part(a) herein above;
(2) An authorization for the City Manager to enter into an exclusive listing agreement
for a period of six months, with a registered real estate broker, who has obtained a business tax
receipt to do business in the State of Florida_, and with its main eff ee leeatea i the City-of
Dania Beaeh and A g a business tax r-eeeipt to sell r-ea4 estate issued by the City Of Dani-a
Beach. The real estate broker shall be selected by lottery from among the qualified brokers and
shall be paid a reasonable and customary real estate commission by the seller;
(3) An appraisal of the real property by a state certified real estate appraiser with MAI
designation;
(4) An authorization for the City Manager to enter into a contract for sale of the real
property and to close the contract for sale, so long as the purchase price is not less than ninety
percent (90%) of the appraised value;
(5) The contract for sale of the real property executed by the City Manager shall be
contingent upon approval by majority vote of the City Commission at an advertised public
hearing held at a regularly scheduled commission meeting. If the fair market value of the surplus
real property, as appraised by the state certified appraiser, is greater than $100,000.00; then the
contract for sale of the real property shall be contingent upon approval by a supermaj ority vote
requiring four out of five commissioners' assent at an advertised public hearing held at a
regularly scheduled commission meeting.
ARTICLE 4. LEASES
Sec. 1. Power.
The City of Dania Beach is hereby empowered to lease any lands, improvements, public
buildings, recreational parks or facilities, public utility plants, or any public works or property of
the city to any person, firm or corporation under the following wit:
(a) Leases of concession rights on, in or to public property of the City of Dania Beach operated
in a proprietary capacity, except the I.T. Parker Community Center, for a period not exceeding
one year, may be granted or executed upon a majority vote of the city commission at any time.
Included in properties operated in a proprietary capacity are airports and airport property, public
52 ORDINANCE#2010-029
recreational facilities, golf courses, tennis courts, recreational halls, stadiums, football fields,
baseball fields, playgrounds, public beaches (including all lands which are currently owned by
{thel City of Dania Beach at Dania Beach), swimming pools, fishing piers, yacht basins, docks
and wharves. The sad list which is enumerated is not exclusive but merely indicative of the class
of public property deemed to be operated in a proprietary capacity. A lease of the I.T. Parker
Community Center for a term of more than thirty (30) days in any one year period shall not be
entered into by the city except after an advertised public hearing and a referendum election to
determine whether or not said such property should be leased for a term exceeding thirty (30)
days and to approve the terms an considerations of such lease. A lease of the property known as
the Dania Beach Grille shall not include any concession rights for the beach area outside the
boundaries of the property on which the Beach Grille is located;_. eConcession right for all other
areas of Dania Beach shall be by separate lease agreements.
(b) Leases of public property, as set forth in paragraph(a), of the City of Dania Beach, operated
in a proprietary capacity, in order to permit the lessee to construct tler-een buildings or
improvements to be used in connection with an existing facility, and in a manner not detrimental
or harmful to the operation of the proposed facility, may be authorized for a period of time not
exceeding twenty (20) years, by ordinance of the city commission duly enacted in accordance
with law, and without regard to the amount of capital investment the lessee may make unless a
minimum capital investment is set forth in any bids and specifications of the city should the city
determine, solely within its discretion, to advertise for bids for the lease on a competitive bid
basis. However, there shall never be any mandatory duty on the part of the city to advertise for
the leasing of any municipal lands, owned in a proprietary capacity, on a competitive bid basis.
Specifically, at all times and with regard to all leases of municipal property owned in a
proprietary capacity, the city commission shall have the right to negotiate for the leasing of such
property without the necessity of competitive bidding.
(c) Leases of public property, as set forth in paragraph(a), of the City of Dania Beach, operated
in a proprietary capacity, may be negotiated by the City of Dania Beach for a term in excess of
twenty (20) years upon a four-fifth (4/5) vote of the members of the city commission on a
noncompetitive bid basis, provided that the lessee agrees to make a substantial capital investment
within two and one-half (2-1/2) years after the beginning date of the lease, with such capital
investment to be expended for the purpose of making lease-hold improvements on the lands
which are the subject of the lease. A-The lease made under- provisions of the within paragraph
shall specify the type of leasehold improvements (in general language) to be made. However,
without limitation on such type of improvements, scene it may include, for example, restaurant
buildings, retail store units which are incidental to restaurant enterprises, gift shops, curio shops,
souvenir shops, wharves, boat docking facilities, nightclubs, cocktail lounges and all types of
recreational facilities. In addition, residential units may be constructed and used by employees of
any of said such types of facilities.
(d) In order to encourage a lessee to make capital expenditures or capital investments of a
continuing nature throughout the entire term of the lease, when the lease is executed under the
provisions of paragraph (c) concerning a lease in excess of twenty (20) years, the provisions of
the-wi*in this paragraph (d) may be applicable to all leases in excess of twenty (20) years,
executed under the provisions of said paragraph (c) above. As to a lease executed under the
53 ORDINANCE#2010-029
I
provisions of paragraph (c), or any renewals ther-eef which the city commission may later make
during the term of the beginning lease, the lessee in the beginning lease shall have no vested or
absolute right of renewal as to any further renewals of the basic or beginning lease and the city
shall have the right to negotiate with third parties regarding the renewal of a lease executed under
the provisions of paragraph (c). In the event that the city does negotiate with a third party to
renew the aforesaid type of lease agreement (during the beginning term or after the expiration of
the beginning term or during any renewal thereof), the lessee in the original lease shall have the
right to offer to lease the property described in the beginning lease under the exact same terms
and conditions as any third party offeror. However, if the lessee under the beginning lease (or
any renewal thereef) offers to lease for an additional term of years under the same terms and
conditions as stated in the lease agreement which is then expiring and if the city elects to lease
the property to a third party offeror (rather than to the lessee under the beginning leasehold term
or any renewal thereof), the lessee under the beginning lease (or any renewal theree may be
entitled to receive (in cash) from the city at the expiration of the leasehold term and, provided
that the lessee is not then in default under any of the terms and conditions of the lease, an amount
equal to the difference between the appraised value of all leasehold improvements made during
the entire term of the lease with the appraised value to be determined at the end of the lease and
the accumulated depreciation taken by the lessee for income tax purposes of such leasehold
improvements during the term of the lease (and during the term of any renewals if the beginning
lessee has renewed the original lease). Specifically, without limitation on the foregoing and
merely as a statement of general intent it is one of the purposes of the within this paragraph(d)to
grant unto the lessee the right to recover the difference between the appraised value of all
leasehold improvements made by the lessee (during the entire term of the beginning lease and
any renewals thereof) and the accumulated depreciation taken for income tax purposes by the
lessee of such leasehold improvements during the term of the lease (and any renewals thereof),
all on the premise and general understanding that the lessee negotiates in good faith with the city
to renew the lease for a renewal term (having the same term of years as the original lease or any
renewal lease if the lessee renews the original lease) and on the further premise that the city then
elects to lease the property in question for a renewal term to a third party lessee, notwithstanding
the fact that the original lessee has offered to renew the lease under the same terms and
conditions as are stated in the lease between the city and the third party lessee. Further, if at the
expiration of the original lease or any renewals thereof of it, the city itself elects to operate the
enterprise originally covered by the type of lease which is the subject of the this
paragraph, the original lessee (under the beginning lease or any renewals thereof of it) shall have
the right to recover the difference between the appraised value of all leasehold improvements
made by the lessee and the accumulated depreciation taken by the lessee for income tax purposes
on such leasehold improvements during the term of the lease.
(e) On condition that the lessee, in a lease exceeding twenty (20) years and of the type provided
in paragraph (c), pays to the city a reasonable consideration (in an amount to be determined
solely by the city commission within its discretion) the city shall have the right to enter into a
lease of the type provided by paragraph (c), for a term in excess of twenty (20) years with the
effective, or beginning, date of the term of the lease to be no more than one year after the actual
execution of the lease.
54 ORDINANCE#2010-029
(f) Any and all amendments, modifications, extensions and renewals of a lease exceeding
twenty (20) years as here r ab described above in subseefie paragraphs (c), (d) and (e) shall
be approved only upon an affirmative four-fifths (4/5) vote of the members of the city
commission.
Sec. 2. Form of lease.
All leases shall be for a definite period of time, shall be in writing and executed in duplicate. The
form of lease shall be approved by the city attorney. Such leases shall be executed on behalf of
the city by the officers of the city designated by charter to sign same, except that leases or
concession rights for a period of time not exceeding one year may be signed in the name of the
city by the city manager.
ARTICLE 5. CONTRACTS
Sec. 1. Execution.
All contracts, bonds, revenue certificates and legal instruments, in which the City of Dania
Beach is concerned or is a party, shall be signed by the city clerk and the city manager and
countersigned by the mayor or acting mayor , except as otherwise
provided in this Charter.
Sec. 32. Approval by city commission of certain contracts.
bids.:neunts up to and ineluding twenty five thousand dollar---; ($25,000.00) may be made by
eity manager, v4theut eem-Plea4itfiFTze, bidding and without advei4isement for- bids whenever- he e
of twenty five thous d M�5 0
'W__,_00.00 may be made by the eit-y manager- v4th
P-AMP-4-itive bidding and withetA adveffisement for- bids if he er- she is atAhertized to do so i
of twen�y five thousand dollars ($25,000.00) shall net be en4er-ed into or let eyceept by
published in Breward Ceunty, Per-ida, with sueh pubheatien te be published weekly forr twe (2-)
eenseeutive weeks with the first p4lieatiefi te be.not less than fifieeffi (15) days prior- to the
Howeveff,
> ,
wi .P44fi" nth^•A advertisement f^r- bids.s Fuffther-1 tThe city shall have the
right to contract for the disposal of garbage, trash, waste and all types of debris by direct
negotiation for such services without competitive bidding and without advertisement for bids for
periods of time not to exceed twenty (20) years.
55 ORDINANCE#2010-029
That in addition to the for-eapling the eit-y ee
authorize the pufehase
> >
supplies,of designated thfesheld witheut eempetifive bids and without adveffising for- bids if Sueah P.1—ir-ehases are made
Pufs te a eempetitive bid obtained within the las-t eighteen (18) months by ethe
ARTICLE 6. INVESTIGATIONS
Sec. 1. By whom made.
The city commission or any committee thereef formed or appointed by it, the city manager, or
any advisory board appointed by the city commission for such purpose, shall have the power at
any time to cause the affairs of any department or the conduct of any officer or employee of the
city to be investigated; and for such purpose shall have the power to compel the attendance of
witnesses and the production of books, papers and other evidence; and for that purpose summons
or subpoenas may be issued by the presiding officers of the body, or by the officer making the
investigation,and same shall be served by any officer authorized by law to serve such process.
The authority making such investigation shall have the power to cause testimony to be given
under oath, such oath to be administered by some officer having authority under the law of the
state to administer oaths; and shall have the power to punish as for contempt any person failing
or refusing to testify to any fact within his or her knowledge, or to produce any book or paper
under his or her care or control,relating to the matter under investigation.
ARTICLE 9. GENERAL CLAUSES
Sec. 31. Saving clause.
The provisions of this Aet Charter are severable, and if any section, part of section, paragraph,
sentence, or clause of this Ac4 Charter shall be adjudged by a court of competent jurisdiction to
be invalid, such decision shall not affect the validity of any other portion ther-ee of it, but shall
be restricted and limited in its operation and effect to that specific portion heFeef of it involved in
the controversy in which such decision shall have been rendered.
Sec. 42. Charter and ordinances as evidence in courts.
The courts of this state shall take judicial cognizance of the charter and ordinances of the City of
Dania Beach, Florida, and a certified copy or officially printed copy of the same shall be taken as
evidence in any trial in which the same may be competent, without proof of the due passage and
approval tom€of it.
Sec. -53. Conflicting laws.
All laws or parts of laws, insofar as they are in conflict or inconsistent with the provisions of this
Ac4 Charter, be and the same are hereby repealed.
56 ORDINANCE#2010-029
Sec. 64. Effective date.
This Ae4 Charter shall be in force and take effect uponits approval by the gevemer- of the State
. as provided by law. Upon
!qpproval by the majority of electors voting, the Chaffer amendments provided for herein in this
Charter shall be effective as provided by the ordinance which submits the amendments to the
electors for ap rp oval.
Sec. 75. Publication of legal notice or advertisements; publication of resolutions of city
commission.
All legal notices or publications required to be published under the charter of the City of
rum, Fierida, and all resolutions authorized to be published by the city commission of the
City o Dana r ea , , may be published in any newspaper published in Broward
County, Florida, which is generally circulated within the city limits_ of the
City of r,.,'^�n
57 ORDINANCE#2010-029