HomeMy WebLinkAboutO-2016-010 Referendum Ballot Questions ORDINANCE NO. 2016-010
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE
ELECTORS OF PROPOSED AMENDMENTS TO THE CITY CHARTER,
PURSUANT TO SECTION 166.031, FLORIDA STATUTES, FOLLOWING
CITY COMMISSION REVIEW AND CONSIDERATION OF CHARTER
AMENDMENTS RECOMMENDED BY THE CHARTER REVIEW BOARD
IN ACCORDANCE WITH PART I, ARTICLE 2, SECTION 3 OF THE CITY
CHARTER; SUBMITTING PROPOSED CHAPTER AMENDMENTS
CONCERNING THE VOTE REQUIRED FOR EXPENDITURE OF FUNDS
EXCEEDING ONE MILLION DOLLARS; THE VOTE REQUIRED FOR
AGREEMENTS INVOLVING FORT LAUDERDA LE-HOLL YWOOD
INTERNATIONAL AIRPORT; REPEAL OF CITY COMMISSION TERM
LIMITS; ELECTION OF VICE-MAYOR FOR A TWO YEAR TERM;
ABSENCE FROM REGULAR CITY COMMISSION MEETINGS; THE VOTE
REQUIRED TO WAIVE QUALIFICATIONS FOR APPOINTMENT OF CITY
MANAGER; FILLING OF VACANCIES ON THE CITY COMMISSION;
QUALIFICATIONS OF APPRAISER FOR SALE OF CITY SURPLUS REAL
PROPERTY; PROCEDURES AND RESTRICTIONS ON LEASES OF CITY
OWNED REAL PROPERTY, AND THE MAXIMUM CONTRACT
DURATION TERM FOR A CITY GARBAGE DISPOSAL CONTRACT;
CALLING FOR A SPECIAL ELECTION ON THE PROPOSED
AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY,
NOVEMBER S, 2016 IN CONJUNCTION WITH THE GENERAL ELECTION
BEING HELD ON SUCH DATE; PROVIDING FOR REQUISITE BALLOT
LANGUAGE; PROVIDING FOR PROCEDURES FOR BALLOTING;
PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS;
PROVIDING FOR CONFLICTS; PROVIDING FOR SEVER-ABILITY;
PROVIDING FOR INCLUSION IN THE CHARTER; FURTHER, PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Part I, Article 2, Section 3 of the City Charter, the City of Dania
Beach Charter Review Board has recommended that certain revisions are needed to the City
Charter and has submitted its recommendations of proposed amendments to the City Charter to
the City Commission; and
WHEREAS, pursuant to Part I, Article 2, Section 3 of the City Charter and Section
166.031, Florida Statutes, the City Commission has considered the recommendation of the
Charter Review Board and has determined to submit to the electors of the City for approval or
rejection only those amendments to the City Charter (the "Charter Amendments") that are set
forth in this Ordinance;
NOW, THEREFORE,, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF DANIA BEACH, FLORIDA,AS FOLLOWS:
Section 1. Recitals Adopted. That the foregoing "WHEREAS" clauses are ratified and
confirmed as being true and correct and they are made a specific part of this Ordinance.
Section 2. Charter Amendments. That pursuant to Section 166.031, Florida Statutes,
and subject to the approval ofthe electors as described in Section 8(A)below, the City Charter of
the City of Dania Beach, Florida, is amended, by amending the City Charter Sections described
below in Parts A - J. inclusive, of this Section 2, to read as follows :
Part A. That Part I, "The Municipality of the City of Dania Beach", Article 3, "Powers
of the City", Section 2, "Certain expenditures", of the City Charter is amended to read as
follows:
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 eity a�funds
available to the city, including funds made available to the Dania Beach Community
Redevelopment Agency, 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 cry ggy 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.
Part B. That Part I, "The Municipality of the City of Dania Beach", Article 3, "Powers
of the City", Section 3, "Airport matters", of the City Charter is amended to read as follows:
Sec. 3. -Airport matters.
'Proposed additions to existing Charter text are shown by underlining;proposed deletions from existing Charter text
are shown by stfikepi.
2 ORDINANCE#2016-010
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 four-fifths
415 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.
Part C. That Part II, "Legislative Branch and Legislation", Article 1, "City
Commission", Section 3, "Qualification of members", of the City Charter is amended to read as
follows:
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 immediately
preceding the date of election, as evidenced by City voter's registration documentation and shall
be otherwise qualified as provided in this charter. Any commissioner who shall cease to possess
the qualifications required in this section shall immediately forfeit his or her office.
shall(b)N- .ssienef shall sefve fner-e than ei& (8) eenseetttive years in offiee (or-, but
r-esigna4ien, would have served for- sueh period of time). After- a full tym (2) ye.ar- iffitefil,ai out of
sion shall be retroaetive,, and
November-, 2012, as provided by City Or-dinanee No. 2010 oeou...fig during a teftn. The provisions of this Seetion 3(b) apply to the tefms of eonwni
Part D. That Part II, "Legislative Branch and Legislation", Article I, "City
Commission", Section 5, "Election of mayor and vice-mayor", of the City Charter is amended to
read as follows:
3 ORDINANCE 92016-010
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 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-two
years. __. , N.PiuAr will
membersamong its and
. Any vacancy in the
office of mayor 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.
Part E. That Part II, "Legislative Branch and Legislation", Article I, "City
Commission", Section 8, "Forfeiture of office", of the City Charter is amended to read as
follows:
Sec. 8. - Forfeiture of office.
Absence by any commissioner from 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 (an absence where a commissioner is hospitalized or for which a written physician's
note is provided shall automatically be deemed an absence excused by the city commission).
Any member of the city commission who shall be convicted of a felony while in office shall
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.
Part F. That Part III, "Administrative Officers and Departments", Article 3, "City
Manager", Section 1, "Appointment, qualifications, compensation; powers and duties;
suspension and removal", of the City Charter is amended to read as follows:
Sec. 1. - Appointment, qualifications, 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.
4 ORDINANCE#2016-010
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 four-fifths vote of the city commission.
Part G. That Part VI, "Registrations and Elections", Article 1, "Elections", Section 7,
"Filling vacancies in the office of City Commissioner", of the City Charter is amended to read as
follows:
Sec. 7. - Filling vacancies in the office of city commissioner.
position within sixty (60) days of the vaeaney. Stieh per-soft shall serve fer- th A . ed peftion
of the tefm of the position, but only upAil the very ne*t City biepifflial eleetion eeeufs, so tha4
r-emainder of the tefml, if any, may be filled at sue�,ealWae-tvie.n.. On the first Monday fellowing the
X_U intment of a new member-, the eo shall meet to r-eeeive stieh new member- an
7 administered-
ha-ve the
.-If there is a City Commissioner vacancy within one (1) year from the date of the last election, the
vacant position will be offered to the next candidate who was not elected, who received the next
highest number of votes at the last election. If that person declines or is unable to serve, the Cijy
Commission shall appoint a qualified resident (who would otherwise qualify as a candidate) to
fill the remainder of the term, with the appointment to occur within thirty (30) days of the
vacancy; if the Commission does not appoint within thirty (30) days, a special election will be
held, within sixty (60) days.
If there is a City Commissioner vacancy after one (1) Year from the date of the last election, the
City Commission shall appoint a qualified resident to fill the remainder of the term within thirty
(30) days, if the Commission does not appoint within thirty (30) days, a special election will be
held thereafter within sixty (60) days.
If there is a City Commissioner vacancy which occurs within six (6) months before the next
election, the City Commission shall appoint a qualified resident to fill the remainder of the term
within thirty (30) days; if the City Commission does not appoint within thirty (30) days, the
Commission shall draw by lottery a name from a qualified "pool" of candidates (each
Commissioner will select the name of one candidate, and a name will be drawn from that pool by
the City Clerk).
5 ORDINANCE 42016-010
Part H. That Part X. "Miscellaneous Provisions", Article 2, "Sale of Public Property",
Section 5, "Sale of surplus real property", of the City Charter is hereby amended to read as
follows:
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) below.
(b) Procedures. The Commission must pass by resolution with a supermajority 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) 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. 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 supermajority vote requiring four out of five commissioners' assent at an.
advertised public hearing held at a regularly scheduled commission meeting.
Part I. That Part X "Miscellaneous Provision" Article 3 "Leases" Section 1 "Power"
of the City Charter is amended to read as follows:
6 ORDINANCE#2016-010
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solely by the eity eawAnission within its diseretion) the eity shall have the right te enter- into
lease of the type pfevided by paragraph (e), for- a te zeess of twenty (20) years with the
eff-eetive, of begiming, date of the term of the lease te be no more than one yeaf after the aettial
exeeotion of lease.
7
Sec.l.l: Leases for not more than one year.
The city is empowered to lease or grant concessions for a period not exceeding 1) year in
any public property, upon a majority vote of the city commission. Included in properties which
may be leased are public recreational facilities, tennis courts, recreational halls, football fields,
baseball fields, playgrounds, public beaches, swimming pools, fishing -piers, docks and .wharves;
the list enumerated is not exclusive but merely indicative of the class of public property deemed
to be operated by the city in a proprietary capacity. The provisions of this section shall also be
applicable to leases to civic or charitable organizations, public nonprofit corporations, and like
organizations, for leases not exceeding one (1)
Sec. 1.2: Leases with govemmental entities or agencies for govemmental pilmoses.
The city is empowered to lease to other govemmental entities or agencies for goverrmmental
purposes, for periods of up to and including twenty-five (25) years, any property of the city,
without the necessity for submitting the same to competitive bidding, upon such terms and
conditions as the city commission shall by resolution determine. An and all such leases
previously entered into by the city are ratified and confirmed.
Sec. 1.3: Leases of parking spaces in parking facilities owned or operated by the city.
Notwithstanding anything to the contrary in these provisions, the city is empowered to lease or
concession, by negotiation and without competitive biddingprivate persons, firms or
corporations for nonpublic purposes parking spaces in parking facilities owned or operated by
the city, for a period of not more than fifty_(50) years.
Sec. 1.4: Leases for more than one year and up to but not more than twenty-five (25)
years.
The city is empowered to lease or concession to private persons, firms or corporations, for
nonpublic purposes, any lands, improvements, public buildings, recreational parks or facilities,
public beaches, public utility plants, or any public works or public property of any kind including
air space over public property owned or operated by the city and not needed for governmental
purposes, whether used in a governmental or in a proprietary capacity, for a period of up to but
not exceeding twenty-five (25) years, plus such length of time, not to exceed five (5) years, if
determined by the city commission to be reasonably necessary to complete construction of any
improvements proposed for the premises to be leased by such persons, firms or corporations.
Each lease shall be authorized only after a public hearing, under authority of a resolution duly
9 ORDINANCE#2016-010
adopted at a meeting duly held at a designated meeting, under the following conditions:
(a) One:(1) of the conditions for leasingsuch uch public prosy may be obligations of the
lessee to construct on the property buildings or improvements to be used in connection
with an existing facility, or to construct improvements on the property, if same is vacant,
and in a manner not detrimental or harmful to the operation of any existingfacility.acility. In no
event shall the fee title of the city be subordinated except upon terms and conditions as
approved by the city commission.
(b) The ci , commission shall adopt a resolution at a regular meeting_ of the city
commission specifying t�acility_to be leased, described by a legal description and
giving its location b street number, if any, and a description of all improvements, if any,
located upon the land, and shall declare how the land and improvements have been used
since they have belonged to the city and the reasons for offering_such land and
improvements for lease.
.(c) At any time, not less than thirty(30) days nor more than sixty (60) days after the
adoption of such resolution,the land and improvements shall be offered upon competitive
conditions for lease as desired and a notice shall be published by the city in the official
newspaper for two (2) issues prior to the date set for receiving such bids for lease, with
the first publication not less than ten (10) days before the date of receiving bids and the
second publication one 1) week after the first, specifyingLthe date when sealed bids shall
be received by the city commission for the lease of the publicly owned lands and
facilities. The sealed bids must be accompanied by a cashier's check or certified check
payable to the city in an amount equal to at least ten (10) percent of the first year's
proposed rental. The city commission, in offeringsuch uch ublic property or public owned
facility for lease, shall set out in the resolution and notice such terms and conditions as
deemed pertinent under which the land, facility or both will be leased and the number of
years for which the land, facility or both shall be leased. The city commission shall
consider any and all proposals and accept the proposal which, in its judgment, shall be
the most advantageous lease for the city, however, the city commission may reject any
and all bids. Upon the city commission approving any proposal submitted as provided in
these provisions, a proposal, if acceptable, shall be accepted by resolution, authorizing
preparation of the lease, provided a valid referendum petition has not been filed. If before
the day advertised for receiving bids for lease of such property, a referendum petition is
filed with the city clerk signed by fifteen(1 S) percent of the city's registered voters,
demanding a referendum election upon the question of leasing such land, facility or both,
no lease shall be executed by city officials until after approval by a majority of the voters
participating in such referendum election. Such referendum election shall be called and
held as provided in this charter.
(d) The resolution accepting the bid shall require the preparation of a form of lease for
execution, embodying the terms and conditions of the bid and other legal requirements,
for submission to the city commission at its next regular meeting or at a designated
meeting. At least three (3) days before the meeting date, the lease shall be posted on a
public bulletin board by the city clerk and each city commissioner shall be given a copy
10 ORDINANCE#2016-010
of the lease with a covering summary letter, provided, however, that in case of
emergency, such procedure may be waived by the affirmative vote of three (3) of the city
commissioners. The city attorney or city manager shall be required to give a summary<of
the lease to the public at such meeting which meeting shall be open to the public. The
public shall have an opportunity to speak or object to the terms and conditions of such
lease. If the city commission is satisfied with the terms and conditions of such lease, it
shall adopt a resolution authorizing execution of such lease by the proper city officials
upon compliance upon the part of the lessee. Amendments to such lease may be made
from time to time by mutual consent, observing the same formality as in the original
lease.
Sec. 1.5: Leases for more than twenty-five (25) years.
Prior to the conveyance, assignment, lease or management agreement for a term of twenty-five
(25) years or greater (including options), for any city land, facility or both, the city commission
shall hold a minimum of two public hearings, at least twenty (20) days apart, in order to obtain
public input concerning the proposed conveyance, assignment, lease or management agreement.
The first public hearing shall be held to determine whether to solicit offers or proposals for the
subject land, facility or both. The second public hearing shall be held to rank the offers or
proposals. The notice of a proposed conveyance, lease or management agreement for a term of
more than twenty-five (25) years (including_options), of any of the city's lands, facilities or both
shall be advertised on the cit 'sswwe_bsite at least ten (10) dqys prior to each public hearing.The
city shall also post a sign on the real property, the facilities, or both, stating that it or they
subject to the proposed conveyance, lease or management agreement, which includes the date,
time and location of each public hearing and a telephone number to call for additional
information. The sign shall remain on the subject site until after the final public hearing. The sign
shall be posted in a location that is clearly visible from the adjacent rights-of-way.
Part J. That Part X, "Miscellaneous Provisions", Article 4, "Contracts", Section 2,
"Approval by City Commission of certain contracts", of the City Charter is amended to read as
follows:
Sec. 2. -Approval by city commission of certain contracts.
The 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 tweRly five 5 years, with the
option to renew for one additional five (5)year period thereafter.
Section 3. Election Called. That a special election is called for Tuesday, November S,
2016, in conjunction with the general election being held on such date, to present to the electors
11 ORDINANCE#2016-010
of the City of Dania Beach (the "City"), each of the ballot questions provided in Section 4 of this
Ordinance.
Section 4. Form of Ballot.
A. That the form of ballot for the Charter Amendments provided for in Section 2 of this
Ordinance shall be substantially as follows:
Charter Amendment Ballot Questions
(1) Vote Required for Expenditure of Funds Exceeding One Million Dollars
The City Charter currently requires a four-fifths vote of the City Commission before the City
may spend more than One Million Dollars in City funds for any transaction or series of
transactions. It is proposed that the City Charter be amended to require such vote for
expenditures exceeding more than One Million Dollars of any funds available to the City,
including funds of the City's Community Redevelopment Agency.
Shall the above-described Charter amendment be adopted?
[ ] YES
[ ] NO
(2) Vote Required for Agreements Involving the Fort Lauderdale-Hollywood International
Airport
The City Charter currently requires a unanimous vote of the City Commission to approve any
City agreement that affects City residents and involves any airport expansion, addition or
changes to lands associated with the Fort Lauderdale-Hollywood International Airport. It is
proposed that the City Charter be amended to require a four-fifths vote to approve such
agreements.
Shall the above-described Charter amendment be adopted?
[ ] YES
[ ] NO
(3) Repeal of City Commission Term Limits
The City Charter currently provides that no City Commissioner shall serve more than eight
consecutive years unless a two-year interval first occurs before a person may again seek election.
i2 ORDINANCE#2016-010
It is proposed that the Charter be amended to remove such term limits for service on the City
Commission.
Shall the above-described Charter amendment be adopted?
[ ] YES
[ ] NO
(4) Election of Vice-Mayor for a Two-Year Term
The City Charter currently provides that the person receiving the second highest number of votes
at an election becomes the Vice-Mayor of the City Commission for one year; after one year, the
City Commission appoints a Vice-Mayor for the following year. It is proposed that the Charter
be amended to provide that the term for the Vice-Mayor shall be for two years.
Shall the above-described Charter amendment be adopted?
[ ] YES
[ ] NO
(5) Absence from Regular City Commission Meetings
The City Charter currently provides that a Commissioner who is absent from two
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 an automatic excused absence if a Commissioner is
hospitalized or a written physician's note is provided for an absence from a regular
Commission meeting.
Shall the above-described Charter amendment be adopted?
[ ] YES
[ ] NO
(6) Vote Required to Waive Qualifications for Appointment of City Manager
The City Charter currently provides that the City Manager must meet certain minimum
qualifications to be appointed, including possessing a degree in public administration or an
equivalent degree. The qualifications can be waived upon a unanimous vote of the City
Commission to appoint the City Manager. It is proposed that the City Charter be amended to
provide for waiver of the qualifications upon a four-fifths vote to appoint.
Shall the above-described Charter amendment be adopted?
13 ORDINANCE 42016-010
[ ] YES
[ ) NO
(7) Filling of Vacancies on the City Commission
The City Charter currently provides that City Commission vacancies are to be filled by
Commission appointment within sixty days after the vacancy arises. It is proposed that the
Charter be amended to provide for vacancies to be filled by certain procedures that vary based on
the time period between when the vacancy occurs and the date of the last election or the date of
the next election.
Shall the above-described Charter amendment be adopted?
[ ] YES
[ ] NO
(8) Qualifications of Appraiser for Sale of City Surplus Real Property
If the City proposes to declare any City owned real property to be surplus and no longer needed
for public purposes, the City Charter currently requires an appraisal of the property by an
appraiser who holds a Member of Appraisal Institute ("MAI") designation. It is proposed that the
City Charter be amended to remove the requirement that the appraiser hold an MAI designation.
Shall the above-described Charter amendment be adopted?
[ ] YES
[ ] NO
(9) Procedures and Restrictions on Leases of City Owned Real Property
The City Charter currently contains separate provisions for leases of City-owned property based
on whether the lease term is less or greater than twenty years. It is proposed that the Charter be
amended to provide new procedures and restrictions for such leases based on the type of lease
and whether the lease is less than one year, less than twenty-five years, or twenty-five years or
more.
Shall the above-described Charter amendment be adopted?
[ ] YES
[ ] NO
(10) Maximum Contract Term for a City Garbage Disposal Contract
14 ORDINANCE 92016-010
The City Charter currently provides that the City can contract for garbage and trash disposal by
negotiation with a waste hauler, without competitive bidding and without bid advertisement, for
a contract period not to exceed twenty years. It is proposed that the Charter be amended to
provide for a maximum contract term of five years, with one option to renew for an additional
five years thereafter.
Shall the above-described Charter amendment be adopted?
[ 1 YES
[ ] NO
(B) 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. Vote at Polls. That balloting shall be conducted between the hours of 7:00
a.m. and 7:00 p.m. on the date of the election, and early and absentee balloting (also known as
vote-by-mail ballot) shall also be permitted as provided in conjunction with the general election.
Polling places shall be those polling places provided for the general election for the electors of
the City, pursuant to applicable laws. All qualified City electors who are timely registered in
accordance with law shall be entitled to vote. The City Clerk is authorized to obtain any
necessary election administration services from the Broward County Supervisor of Elections.
The County registration books shall remain open at the Office of the Broward County Supervisor
of Elections office until October I I, 2016, as provided by law, at which date the registration
books shall close in accordance with the provisions of the general election laws. The City Clerk
and the Broward County Supervisor of Elections are each authorized to take all appropriate
action necessary to carry into effect and accomplish the electoral provisions of this Ordinance.
Section 6. Notice of Special Election. That notice of the special election shall be
published in accordance with Section 100.342, Florida Statutes, in a newspaper of general
15 ORDINANCE#2016-010
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 SPECIAL 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,NOVEMBER 8, 2016, 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.
Those certain proposed amendments to the City Charter are commonly referred to by the
following ballot titles:
(1) Vote Required for Expenditure of Funds Exceeding One Million Dollars
(2) Vote Required for Agreements Involving Fort Lauderdale-Hollywood
International Airport
(3) Repeal of City Commission Term Limits
(4) Election of Vice-Mayor for a Two Year Term
(5) Absence from Regular City Commission Meetings
(6) Vote Required to Waive Qualifications for Appointment of City Manager
(7) Filling of Vacancies on the City Commission
(8) Qualifications of Appraiser for Sale of City Surplus Real Property
(9) Procedures and Restrictions on Leases of City Owned Real Property
(10) Maximum Contract Term for A City Garbage Disposal Contract
Polling place information, as well as the full text of the proposed City Charter amendments and
the enabling ordinance for this election, is available at the Office of the City Clerk, located at:
100 West Dania Beach Boulevard,
Dania Beach, FL 33004.
16 ORDINANCE#2016-010
Contact: Louise Stilson, City Clerk"
Section 7. Copies. 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 S. Effectiveness.
A. That the Charter Amendments provided for in Section 2 of this Ordinance shall
become effective if the majority of the qualified electors voting on the specific Charter
Amendment, as described in the ballot summaries of Section 4(A)(1)-(10) of this Ordinance,
vote for its adoption, and it shall be considered adopted and effective upon certification of the
election results. If conflicting Charter Amendments are adopted at the same election, the one
receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. The
City Clerk and City Attorney are authorized to revise the Charter to the extent necessary to
assure that any amendments adopted conform to one another and are properly included in the
publication of the revised City Charter. Further, 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 Clerk and City Attorney are authorized to reflect and implement such
revisions of the Charter, to the extent necessary to assure that all amendments adopted conform
to one another and to all remaining Charter provisions.
B. That following adoption of the Charter Amendments, the City Clerk shall
incorporate the adopted Charter Amendments into the City Charter and shall file the revised City
Charter with the Office of the Secretary of State as required by Section 166.031, Florida Statutes.
17 ORDINANCE#2016-010
Section 9. Implementation. That in accordance with those Charter Amendments which
are adopted by the majority of the electors voting, the City Manager and City Officials having
jurisdiction shall proceed to take any actions necessary to implement the revised City Charter.
Section 10. Inclusion in the Charter. That subject to the requirements of Section 8(A)
above, it is the intention of the City Commission and it is provided that the Charter Amendments
shall become and be made a part of the Charter of the City of Dania Beach, Florida and that the
Sections of this Ordinance may be renumbered or relettered to accomplish such intention.
Section 11. Canvassing of Election Returns. That the election returns of this election
on the Charter Amendments shall be canvassed by the Broward County Canvassing Board,
unless otherwise provided by law.
Section 12. Severabilit_y. 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
part.
Section 13. Effective Date. That this Ordinance shall become effective immediately
upon adoption on second reading.
PASSED on first reading on May 10, 2016.
PASSED AND ADOPTED on second reading on May 24, 2016.
18 ORDINANCE#2016-010
ATTEST: �aRU's Firc��
cl,�
LOUISE STILSON, CMC ROO A. SALVINO, SR.
CITY CLERK YOR
APPROVED AS T O AND CORRECTNESS:
THOMA J. Al B O
CITY ATTORIqEY
19 ORDINANCE 42016-010