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HomeMy WebLinkAboutO-2005-002 FINAL Charter Amendments Final VersionORDINANCE NO. 2005-002 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING AN ELECTION ON THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, MARCH 8,2005; 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; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; 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, 2005, 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 7:90 a.m. and 7:00 p.m. at the regular polling places for City elections or as otherwise provided by the 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 0 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, 2005, 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 eight (8) proposed amendments to the City Charter, which Is proposals are commonly referred to by the following ballot titles: is 1. Charter Review Board 2. Filling Of Vacancies In The City Commission 3. Prohibition Of Discrimination 4. Commission Vote Requirement on Airport Matters 5. Commission Vote Requirement on Certain Expenses 6. Commission Vote Requirement on Real Property Transactions 7. Commission Action Pertaining to the City Manager Position 8. Monetary Limits for Purchasing Transactions to be Specified by Ordinance 2 RESOLUTION #2005-002 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. CHARTER REVIEW BOARD The City Charter currently does not contain provisions for a formal Charter review process. It has been proposed that the Charter be amended to provide for a Charter Review Board which shall meet at least every eight years, for the purpose of recommending to the City Commission proposed revisions to the City Charter which the City Commission may submit to the City's electors. Is Shall the above described amendment be adopted? Yes [ ] No I I 2. FILLING OF VACANCIES IN THE CITY COMMISSION The City Charter currently generally provides for vacancies during a term to be filled by Commission appointment until the next City election. It is proposed that the Charter be amended to provide for vacancies on the Commission to be filled by special election or by the Commission appointing a duly qualified person, pursuant to procedures established by ordinance, depending on the timing of the vacancy. Shall the above described amendment be adopted? Yes [ ] No I I r- -I L---j 3 RESOLUTION #2005-002 3. PROHIBITION OF DISCRIMINATION It has been proposed that the City Charter be amended to specifically provide 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. Shall the above described amendment be adopted? Yes [ ] No I I 4. COMMISSION VOTE REQUIREMENT ON AIRPORT MATTERS The City Charter currently generally enables the City Commission to act by simple majority vote of the Commission. It is proposed that the Charter be amended to require the unanimous vote of all five members of the Commission in order to approve any agreement affecting City residents and which involves the expansion or modification to or of any land associated with Fort Lauderdale -Hollywood International Airport. Shall the above described amendment be adopted? Yes [ ] No [ ] 5. COMMISSION VOTE REQUIREMENT ON CERTAIN EXPENSES The City Charter currently generally enables the City Commission to authorize the expenditure of City funds by simple majority vote of the Commission. It is proposed that the Charter be amended to require the affirmative vote of at least four members of the Commission in order to approve transactions which may obligate the City to expend more than One Million Dollars. Shall the above described amendment be adopted? Yes [ ] No [ ] L 4 RESOLUTION #2005-002 6. COMMISSION VOTE REQUIREMENT ON REAL PROPERTY 0 TRANSACTIONS The City Charter currently provides procedures and limitations relating to the sale or transfer of City real property. It is proposed that the Charter be amended to revise such provisions by specifying new monetary limitations of real property value which may require either the affirmative vote of four Commission members or a unanimous vote of all five Commission members or a referendum approval, subject to certain exceptions. Shall the above described amendment be adopted? Yes [ ] No I I 7. COMMISSION ACTION PERTAINING TO THE CITY MANAGER POSITION The City Charter currently provides procedures concerning the selection and removal of persons from the position of City Manager, and describes the Manager's authority. It is proposed that the Charter be amended to revise such provisions by creating additional procedures governing action by the City Commission on the selection, retention and removal of a City Manager, including provisions for performance evaluations, and to revise the Manager's contract authority. Shall the above described amendment be adopted? Yes [ ] No I I 8. MONETARY LIMITS FOR PURCHASING TRANSACTIONS TO BE SPECIFIED BY ORDINANCE The City Charter currently establishes specific monetary limits for certain purchasing transactions to be handled directly by the City Manager, and for purchasing transactions which may be exempted from competitive bidding by the City Commission. It is proposed that the Charter be amended to remove such specific monetary limits from within the City Charter and to instead enable the Commission to 40 establish those limits by City Ordinance. 5 RESOLUTION #2005-002 0 Shall the above -described Amendment be adopted? Yes No The order of presentation of the above listed ballot items on the ballot may be revised pursuant to Section 7, below. The ballot questions and corresponding Notice of Election may be revised by Commission resolution. Section 5. Charter Amended by Adding Provisions. That the current Charter is proposed to be amended, subject to the approval of the electorate, in the following respects: a) The following provisions are proposed to be added to the Charter, to read as follows: (i) Charter Review Board. A Charter Review Board shall be appointed by the City Commission and shall convene at least every eight 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. (ii) 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, sex or marital status. (iii) 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 Dolla ' rs 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 vote of the City Commission, as authorized in advance by adoption of an 6 RESOLUTION #2005-002 ordinance. There shall be two 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 days before each such hearing. (iv) 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 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 days before each such hearing. Section 6. Charter Amended by Replacing Certain Provisions. That the following provisions are proposed to be established in the City Charter pursuant to approval of the electorate. These provisions will replace current, similar Charter provisions, but provide for revised procedures, new procedures or both. a) Article 3 of the current City Charter, consisting of Sections I to and including 4, which Article is entitled "City Manager", of Part 111, entitled "Administrative Officers and Departments", a copy of which Article is attached, marked Exhibit "A" and incorporated by this reference, is repealed, and in its place, a new Article 3, entitled "City Manager" consisting of Sections I to and including 4, is adopted. Such new Article shall read as follows: Article 3. City Manager Sec. 1. Appointment, qualifications, and compensation. 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. He or she shall be chosen on the basis of his or her executive and administrative qualifications, and shall be over the age of 2 1. The City Commission may require the City Manager to be a resident of the City during his or her term of employment. 7 RESOLUTION #2005-002 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. 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 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 years; provided, however, that if the appointee is a person who was appointed by a four - fifths vote (because the appointee did not meet minimum requirements and qualifications), then such contract shall only extend for a period of six months from its effective (beginning) date. If the City Commission votes to continue the contract, such contract shall continue until it terminates on the date of the expiration of a three year period, measured from the beginning date of the contract. 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 provide that the full compensation due for the term of the contract will be paid to the City Manager as agreed upon liquidated damages if the contract is terminated by the City Commission before its expiration date. In any event, no such contract shall include any provision for liquidated damages which would exceed the amount otherwise payable to the City Manager up to the date of the natural expiration of the contract. 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 Association (ICMA) Code of Ethics, as supplemented by applicable ICMA Guidelines, or (2) in the 8 RESOLUTION #2005-002 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 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 an employment contract, the City Manager may be removed from office as provided in this subparagraph. A City Manager who has served less than one year may be removed without cause by a three -fifths vote of the City Commission. However, if a City Manager serves in such capacity for a one year period, but receives a less than satisfactory performance rating from the City Commission, the City Manager may be afforded a six month period of time to improve performance. After that period, the City Manager shall be rated by the City Commission and if the performance continues to be rated as less than satisfactory, the City Manager may be removed by a three -fifths vote of the City Commission. Performance evaluations of the City Manager shall be conducted annually, on or about October I't of each year. The following provisions shall 9 RESOLUTION #2005-002 0 apply to any City Manager who serves in such capacity for a one year period and receives a satisfactory performance evaluation by the City Commission. If removal without cause of such City Manager is sought by the City Commission ' a four fifths vote of the City Commission shall be required. If after a subsequent year of service the performance of the City Manager is rated by the City Commission to be less than satisfactory, the City Manager shall be afforded a period of six months to improve performance. After that period the City Manager shall be rated by the City Commission and if the performance continues to be rated as less than satisfactory, the City Manager may be removed by a three -fifths vote of the City Commission. Despite any provision which is or appears to be to the contrary in the foregoing provision, a City Manager may be removed without cause at any time by a four -fifths vote of the City Commission. 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. 10 RESOLUTION #2005-002 (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, 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 a newspaper which is generally circulated within the City. Such advertisement is to be published weekly for two consecutive weeks with the first publication to be not less than 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 arnounts 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 12 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 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. I I RESOLUTION #2005-002 (k) To prepare and submit to the City Commission, within 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, however, that any such instrument which exceeds a monetary threshold as established by City ordinance shall require two manual signatures of City officials. Authorized officials are the City Manager, City Finance Director, City Clerk and in an emergency the Mayor (or in the absence of the Mayor, the Vice - Mayor). Instruments which involve an amount below the monetary threshold shall require a manual signature of one of the foregoing designated officials and a facsimile signature of any other authorized official, other than that of the person manually signing the instrument. b) Portions of Article 3 of the current City Charter, Sections I to and including 4 (and excluding section 5, which shall remain in the current Charter as written), which Article is entitled "Sale of Public Property" of Part XII, entitled "Miscellaneous", a copy of which Sections 1-4 are attached, marked Exhibit "B" and incorporated by this reference, are repealed, and a new Article 3, entitled "Sale of Public Property", consisting of Sections 1-4 (excluding Section 5, which shall remain in the Charter) is adopted. Such Sections 1-4 of new Article 3 shall read as follows: Article 3. 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 $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 $250,000.00 and $500,000.00, a four -fifths 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 $500,000.00, a referendum election shall be 12 RESOLUTION #2005-002 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 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 or other similar disposition. Not less than 30 days, nor more than 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 issues before such date of sale, with the first publication to be made not less than ten days before the date of sale, and the second publication one 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 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 30 days, nor more than 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 13 RESOLUTION #2005-002 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. A four -fifths vote of the members of the City Commission shall be necessary to approve such sales. The above restrictions shall not apply to the sale of cemetery plots in municipal cemeteries. C) A portion of Article 2 of the current City Charter, consisting of Section 13 "Filling Vacancies in the Office of City Commission", which Article 2 is entitled "Elections" of Part VI entitled "Registrations and Elections", a copy of which Section 13 is attached, marked Exhibit "C" and incorporated by this reference, is repealed, and in its place a new Section 13 "Filling Vacancies on City Commission", is adopted. Such new Section 13 shall read as follows: Filling vacancies on the City Commission. In the event that a permanent vacancy arises on the City Commission at a time which is within six (6) months from the date of a scheduled election in which the City's electors are authorized to participate, the City Commission shall appoint a qualified City elector to temporarily fill such vacancy until such election. In such event, the City Commission shall make such appointment within thirty (30) days from the date that the vacancy occurs. If, however, the next available election in which the City's electors may participate will not occur until after a period of time exceeding six months from the date that the vacancy occurs, then the City Commission, within 30 days from the date that the vacancy occurs, shall take action to call a special election to fill the vacancy for the remainder of the unexpired portion of the term. For purposes of this Section, a permanent vacancy generally consists of a vacancy caused by resignation, death, removal from or forfeiture of office. The procedures for filling vacancies shall be further provided for by City Ordinance. Section 7. Registration. That the County registration books shall remain open at the office of the Broward County Supervisor of Elections until February 7, 2005, at which date the registration books shall close in accordance with the provisions of the general election laws. Section 8. Implementation. That the City Clerk, with any necessary assistance and services from the Broward County Supervisor of Elections, is authorized to take all appropriate 0 actions necessary to carry into effect and accomplish the provisions of this Ordinance. 14 RESOLUTION #2005-002 0 Section 9. Procedure; Returns. That the election returns shall be canvassed by the Broward County Canvassing Board as required by law. Section 10. 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 11. Result of Balloting. That if a majority of the qualifying 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. 0 Section 12. 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. Section 13. 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. Further, no Charter amendment shall impair the existing term of office of any Commissioners. 15 RESOLUTION #2005-002 0 0 Section 14. Effective Date. That this Ordinance shall become effective immediately upon adoption. PASSED on first reading on December 14, 2004. PASSED AND ADOPTED on second reading on January 11, 2005. ATTEST- LOUISE STILSON CITY CLERK C.K. MCELVA MAYOR — COMMISSIONER ROLL CALL: COMMISSIONER ANTON - YES COMMISSIONER CHUNN - YES COMMISSIONER FLURY - YES VICE -MAYOR MIKES - YES MAYOR MCELYEA - YES APPROVED AS TO FORM AND CORRECTNESS: I= THO��,AS\T ANSBRO CITY ATTORNEY Irel RESOLUTION #2005-002 0 EXHIBIT "A" Article 3. City Manager Sec. 1. Appointment, qualifications and compensation. 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. He or she shall receive such compensation as the city commission may fix and determine. He or she shall be chosen on the basis of his or her executive and administrative qualifications, without regard to political beliefs, and he or she shall be over the age of twenty-one (21) years. The city commission may require the city manager to be a resident of Dania Beach, Broward County, Florida, during his or her term of employment, although such requirement may be waived at any time at the pleasure of the city commission. The city commission shall, from time to time, establish other additional minimum requirements which shall serve as additional 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 types 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 educational requirement and qualification, or who does not meet other additional minimum requirements established by the city commission, or all such requirements and qualifications, may be appointed as city manager, but such appointment shall require a four -fifths ( 4/5) vote of the city commission. 17 RESOLUTION #2005-002 Sec. 2. Absence or disability. During the absence or disability of the city manager, the city commission may by resolution designate some properly qualified person to temporarily execute the functions of his office. The person thus designated shall have the same powers and duties as the city manager, and shall be known while so serving as "acting city manager." Sec. 3. Right of city to enter into contract of employment. (a) The city commission shall have the right to enter into an employment contract with the person it appoints as city manager. Any such employment contract shall be authorized by a resolution adopted by the city commission. The employment contract shall not be for a period which extends beyond the date of the next regular municipal election subsequent to the date of the complete execution of the contract; provided, however, that if the person selected by the city commission to serve as city manager is a person who was appointed by a four -fifths ( 4/5) vote (because the appointee did not otherwise meet any one or more of the additional minimum requirements and qualifications specified in section 1, above), then such contract shall only extend for a period of six (6) months. from its effective (beginning) date. If the city commission votes to continue the contract, such contract shall continue until it terminates as specified above (that is, on the date of the next regular municipal election subsequent to the date of complete execution of the contract). Such contract may set the compensation to be paid to the city manager and may further provide that the full compensation due the city manager for the term of the contract will be paid to the city manager as agreed upon and liquidated damages if the contract is terminated by the city commission before its expiration date. Any such contract shall include a provision which specifies that the contract shall be terminated automatically if (1) the city manager violates any one or more of the tenets of the International City Manager's Association 18 RESOLUTION 92005-002 ("ICMA") Code of Ethics, as supplemented by applicable ICMA Guidelines, or (2) if the city manager, in the sole opinion of the city commission, commits an act or exhibits misconduct which reflects discredit upon the city, which act or misconduct involves substance abuse (abuse of alcohol, one or more drugs, or both), or (3) if a city manager 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) if a city manager 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 such 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 for one of the reasons specified above 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 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 authorizing the city commission to enter into an employment contract with the city manager shall provide that the City of Dania Beach 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 Dania Beach, Florida, and such notice shall be published at least five (5) days before the hearing. 0 At the conclusion of the hearing, the city shall have authority to execute the employment contract 19 RESOLUTION #2005-002 0 subject to any changes which may be made in the terms of the contract 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 the city manager is appointed to serve at the pleasure of the city commission, without the existence of an employment contract, the city manager may be removed from office at any time, within the sole discretion of the city commission, but if removed after having served six (6) months, the city manager may demand a public hearing before the city commission, at either a regular meeting or at a special meeting called for such purpose, for the purpose of presenting evidence and sworn testimony concerning the circumstances pertaining to his or her removal. Any removed,city manager desiring a public hearing must request same in writing within five (5) days after removal. Final removal of the city manager shall not take effect, if a public hearing has been requested, until the hearing has been heard although the city manager who has requested such hearing may be suspended from office without pay pending the hearing. The city commission shall not be obligated to present any evidence on behalf of the City of Dania Beach to justify the removal and the decision of the city commission as to the removal of the city manager, after the conclusion of the public hearing, shall be absolute and shall not be subject to further review or judicial appeal. The provisions of this subparagraph shall not apply to a city manager who has entered into an employment contract with the City of Dania Beach and any city manager who has entered into such a contract shall not have the right to any type of public 40 hearing if his or her contract is not renewed at its expiration or if the contract is terminated by the 20 RESOLUTION #2005-002 0 city during its term. If the contract is terminated by the city during its term, the only remedy of the city manager shall be an action at law for damages. Sec. 4. Powers and duties. The city manager shall be responsible to the city commission for the proper administration of all affairs of the city coming under his jurisdiction, and to that end his powers are and they shall be: (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 thereof, to call the same to the attention of the city attorney, whose duty it is hereby made 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 for adoption such measures as he may deem 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. 0 21 RESOLUTION #2005-002 Ig (h) To advise and consult with all officers and official heads of the several departments of the city relative to the affairs of any such department, and to make recommendations to the city commission respecting such departments as he may see fit. (i) To perform such other duties as may be prescribed under this charter, or may be required of him 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; and in such capacity he or she shall have the right to purchase supplies, services, materials and equipment for any department of the city in an amount up to and including fifteen thousand dollars ($15,000.00) whenever he or she deems it necessary and proper so to do. All purchases of supplies, services, materials and equipment for the city government in excess of fifteen thousand dollars ($15,000.00) may be made by the city manager without competitive bidding and without advertisement for bids. Contracts for the purchase of supplies, services, materials and equipment for the city government in excess of fifteen thousand dollars ($15,000.00) shall not be entered into or let except by authorization and approval of the city commission, after advertisement for bids in a newspaper published in Broward County, Florida, which is generally circulated within the city limits of the City of Dania Beach, Florida, with such publication to be published weekly for two (2) consecutive weeks with the first publication to be not less than fifteen (15) days prior to the reception of bids. However, 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 fifteen thousand dollars ($15,000.00) without competitive bids and without advertisement for bids. 0 22 RESOLUTION #2005-002 0 That in addition to the foregoing, the city commission may, by resolution, authorize the purchase 0 of designated supplies, services, equipment and materials in amounts in excess of fifteen thousand dollars ($15,000.00) without competitive bids and without advertising for bids if such purchases are made pursuant to a competitive bid obtained within the last twelve (12) months by other governmental entities such as the federal government, the State of Florida or a Florida county or municipality. (k) To act as director of public works and general supervisor of all public departments and utilities, if so instructed by the city commission. (1) To prepare and submit to the city commission, within thirty (30) days after the close of each fiscal year, a complete report of the operation and business of the city for the preceding fiscal year. (m) To sign all checks, warrants, bonds and agreements issued by City of Dania Beach, (n) Maintain an information -services division. End of EXHIBIT "A" 23 RESOLUTION #2005-002 0 EXHIBIT "B" Article 1. 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 of Dania, shall be sold, traded, exchanged, or otherwise disposed of, the city commission shall adopt a resolution at a regular meeting of the city commission particularly describing the land by metes and bounds, reference to a recorded plat or government survey, its location by street number, if any there be, a description of all improvements located upon the land, and shall declare how said land has been used since same has belonged to the city, why it is no longer needed for public purposes, and that the city does declare same surplus and desires to sell, trade, exchange, or otherwise dispose of the same. A four -fifths (4/5) vote of the members of the city commission shall be necessary to adopt such resolution. If the property is valued by a qualified appraiser at a value which equals or exceeds two hundred fifty thousand dollars ($250,000.00), a referendum election shall be held to determine whether or not such property should be sold, traded, exchanged, or otherwise disposed of. The provisions of this section shall not apply to vacations of streets, alleys, or utility easements. Sec. 2. Notice of sale. At any time 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 if applicable, 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 not less than ten (10) days before the date of sale, and the second publication one week after the first, on which date of sale bids shall be received and protest heard. Sealed bids shall be received accompanied by cashiers' 0 24 RESOLUTION #2005-002 0 checks or certified checks payable to the city in an amount equal to at least ten (10) percent of the bid price. The city shall sell for cash to the highest and best bidder if a sale is made, but the city may reject any and all bids. Notwithstanding defects in the frequency of the publication of the notice of sale and notwithstanding defects in the dates on which the notice of sale was published, all sales of public property previously made by the City of Dania, Florida, prior to the effective date of this act are hereby validated and confirmed. 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 registered electors of the city may protest or object to the sale, or propose other public uses for the said property, and the city commission may rescind its former action and repeat the resolution declaring the property not needed for public use, if it deems same expedient and proper. If before the date of the proposed sale a petition be filed with the city clerk signed by fifteen (15) per cent of the registered electors objecting to said sale, no such sale shall be made until the sale of said property has been approved by a majority of the voters voting at a special election, which shall be called by the city commission by resolution, and at said election only the registered qualified electors of the City of Dania shall be permitted to vote. Sec. 4. Power to sell. Subject to the restrictive provisions of this article, the City of Dania is hereby empowered to sell and dispose of any lands, improvements, public buildings, recreational parks or other lands now owned or hereafter acquired by said city, and in the deed of conveyance may place such conditions, limitations and restrictions on the use of such property by the purchasers as to the city commission shall seem proper. A four -fifth vote of the members of the city commission 25 RESOLUTION #2005-002 0 shall be necessary to approve such sales. The above restrictions as to sale of public property shall 0 not apply to sale of cemetery plots in municipal cemeteries. End of EXHIBIT "B" 26 RESOLUTION #2005-002 0 EXHIBIT 66C19 Sec. 13. Filling vacancies in the office of city commissioner. When there shall exist a vacancy or vacancies in the city commission of the City of Dania, Florida, then such vacancy or vacancies shall be filled in the following manner: (a) When a vacancy or vacancies exist in the city commission of the City of Dania, Florida, such vacancy or vacancies shall be filled through the appointment of a successor by a resolution adopted by a majority of the city commission of the City of Dania, Florida. (b) If the vacated seat on the city commission is one for a term which expires in either 1967, 1968 or 1970, the person appointed by resolution to fill the vacated seat shall serve for the full remaining term of the person originally elected to the seat, notwithstanding the fact that there may be an intervening regular municipal election. (c) If the vacated seat on the city commission is one for a term which expires at any time subsequent to 1970, the following provisions shall be applicable: (1) The person so appointed by such resolution to fill a vacated seat on the city commission of the City of Dania, Florida, shall serve only until the next regular municipal election of members of the city commission of the City of Dania, Florida. (2) The successful candidate at such regular municipal election for such vacated seat on the city commission of the City of Dania, Florida, shall serve only for the remaining period of the vacated seat on the city commission of the City of Dania, Florida, unless the term of such vacated seat expires at the time of such election, in which event the successful candidate shall be elected for a term of four (4) years. (3) Where the term of such vacated seat does not expire at the time of such election, the successful candidate for such vacated seat shall serve only for the remaining period of the 27 RESOLUTION #2005-002 0 vacated seat at the time of the next regular municipal election instead of for a term of four (4) years. (4) The successful candidate for such vacated seat shall be deemed to be the person from among the group of successful candidates for all seats at the city commission being filled at such election who receives the lowest number of votes among the group of successful candidates. (5) Where the term of such vacated seat does not expire at the time of such election, so that the successful candidate for such vacated seat shall serve only for the remaining period of the vacated seat at the time of the election instead of for a term of four (4) years, and where the number of candidates for all seats on the city commission being filled at such election does not exceed the number of seats being filled at such election, the successful candidate for such vacant seat shall be decided by lot under the direction and supervision of the city commission. End of EXHIBIT "C" 28 RESOLUTION #2005-002 NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES: NOTICE IS HEREBY GIVEN that the City Commission of the City of Dania Beach, Florida, on January 11, 2005, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Chambers of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinances entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, APPROVING THE CABLE TELEVISION FRANCHISE AGREEMENT BETWEEN THE CITY AND COMCAST OF FLORIDA, A SUBSIDIARY OF COMCAST CABLE COMMUNICATIONS, LLC, AND COMCAST OF FLORIDA/ILLINOIS/MICHIGAN, INC., A SUBSIDIARY OF COMCAST CABLE COMMUNICATIONS, LLC, COLLECTIVELY DOING BUSINESS LOCALLY AS COMCAST; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING AN EFFECTIVE DATE. AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING AN ELECTION ON THE PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, MARCH 8,2005; 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; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinances are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact Louise Stilson, City Clerk, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-3622 at least 48 hours prior to the meeting. /s/ Louise Stilson City Clerk 0- Run in Sun Sentinel: December 31, 2004