HomeMy WebLinkAboutO-2005-014 Repealing Section 2-2 (mayor commission compensation)ORDINANCE NO. 2005-014
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA REPEALING
SECTION 2-2 OF THE CITY CODE OF ORDINANCES, WHICH SECTION IS
ENTITLED "COMPENSATION OF MAYOR, COMMISSIONERS";
PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS;
FURTHER, PROVIDING FOR AN EFFECTIVE DATE.
BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA
BEACH, FLORIDA:
Section 1. That Section 2-2 of the City Code of Ordinances, which Section is entitled
"Compensation of mayor, commissioners", is repealed in its entirety.
Section 2. That if any section, clause, sentence or phrase of this Ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this Ordinance.
Section 3. That all ordinances or parts of ordinances in conflict with the provisions of
this Ordinance are repealed.
Section 4. That this Ordinance shall be effective immediately at adoption on second
0 reading.
PASSED and ADOPTED on first reading on May 10, 2005.
PASSED and ADOPTED on second reading on May 24, 2005.
,ATTEST:.'
LOOSE STILSON
CITY CLERK
0" L"t,-
ANNE CASTRO
MAYOR - COMMISSIONER
ROLL CALL:
COMMISSIONER ANTON - YES
COMMISSIONER BERTINO - OUT OF ROOM
COMMISSIONER MCELYEA - YES
VICE -MAYOR FLURY - YES
MAYOR CASTRO - YES
APPROVED AS TO FORM AND CORRECTNESS:
BY:— /hA
Th(6MM'F ANVSB'RO
CITY-.'I(rTORNEY
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9
,
CITY OF DANIA BEACH
TO: Mayor and City Commission
Ivan Pato, City Manager
Patty Varney, Finance Director
Louise Stilson, City Clerk
FROM: Tom Ansbro, City Attorney
DATE: April 29, 2005
RE: Salary and Cost of Living Adjustments for Elected Officials
As recently discussed at the April 8, 2005 City Commission Worksho meeting, it is
necessar p
y to undertake some "housekeeping measures" which relate to the compensation
received by the City Commission.
Currently, the City Charter (Part 111, Article 1, Section 2) provides in pertinent part
that the compensation of the City Commission shall be fixed "by resolution". However, a
conflicting 1977 ordinance has been discovered in the City Code of Ordinances, which fixed
compensation at the rate of $300.00 per month for the Mayor and $250.00 per month for City
Commissioners. The ordinance directly conflicts with the Charter provision and it is
recommended that the 1977 ordinance simply be repealed.
As a related matter, while the City Commission has fixed its compensation in recent
years by resolution, it was the express intent of the City Commission that a mechanism be put
into place, so that the annual salary for elected officials, once established, is periodically
adjusted based on the same cost of living adjustment as is made to salaries for general
employees of the City.
Consequently, an ordinance repealing the outdated and conflicting "compensation
ordinance", and an amending resolution adding the new officials (Mayor Castro,
Commissioner Bertino) and providing that all officials' salaries will be adjusted at the same
rate and time as is done for general employees, are presented for consideration and adoption.
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Attachment
NOTICE OF HEARING BEFORE CITY COMMISSION
CITY OF DANIA BEACH, FLORIDA, REGARDING
ADOPTION OF THE FOLLOWING PROPOSED ORDINANCES:
NOTICE IS GIVEN that the City Commission of the City of Dania Beach, Florida, on
May 24, 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:
ORDINANCE NO. 2005-014
AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA
REPEALING SECTION 2-2 OF THE CITY CODE OF ORDINANCES,
WHICH SECTION IS ENTITLED "COMPENSATION OF MAYOR,
COMMISSIONERS"; PROVIDING FOR SEVERABILITY;
PROVIDING FOR CONFLICTS; 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
partl cipate 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
Run in Sun Sentinel: May 13, 2005