HomeMy WebLinkAboutO-2024-024 Referendum Ballot QuestionsORDINANCE NO.2024-joal�
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 CHARTER AMENDMENTS
CONCERNING; CALLING FOR A SPECIAL ELECTION ON THE
PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON
TUESDAY, NOVEMBER 5TH, 2024 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
SEVERABILITY; 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 of the 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 followst:
Section 3. Election Called. That a special election is called for Tuesday, November 5,
2024, in conjunction with the general election being held on such date, 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 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) Shall a charter conflict for date of newly elected officials taldng office be eliminated?
[Part 11, Article I, Section 11
The City Charter currently conflicts on what is the start date for newly elected officials, and the
conflict should be removed to reflect the start date of the second Tuesday of November, versus
the second Monday of November, following the applicable election.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
(2) Shall obsolete four-year staggered term election history be removed from the charter?
[Part II, Article I Section 21
The City Charter currently delineates the history for staggard, biennial, four year terms and the
move from a March election to a November election cycle. It is proposed to remove the history
and simply require staggered terms for commissioners.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
'Proposed additions to existing Charter text are shown by underlining: proposed deletions from existing Charter text
are shown by stfike ikreugh..
ORDINANCE #2024- 01 i
(3) Shall obsolete term limit language as to prior elections be removed from the Charter?
[Part II, Article I Section 31
The City Charter currently provides the history for the application of term limits for the 2009 and
2012 elections. It is proposed that the Charter be amended to remove such language from the
Charter as obsolete.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
ull
0) (5) Shall the requirement that any expenditure over a $1,000,000 be by ordinance be
amended to $5,000,000.00? [Part II, Article 3, Section 21
The City Charter currently provides a requirement that any expenditure over $1,000,000 be by
ordinance. It is proposed that the Charter be amended to require an ordinance for any
expenditure over $5,000,000.00, be approved by ordinance.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
5M(6) Shall obsolete reference to March versus November election be removed from the
Charter? [Part II, Article I Section 51
The City Charter currently provides history as to the biennial election process and that the
biennial organizational meeting after each regular municipal election is held in March, and
3 ORDINANCE #2024- `'�'
should be modified to November, 2022, and every election thereafter. It is proposed that the
Charter be amended to provide this clarification.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
f¢ (=7) Shall inconsistent language regarding City Commission voting be clarified? [Part R,
Article 3, Section 41.
The City Charter currently provides that ordinance or resolutions are adopted by 3/5 vote.
However, the City's Charter (Article 3, Section 2) or code of ordinances may require a greater
vote of the City Commission. It is proposed that the Charter be amended to provide this
clarification.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
M("hall the notice and requirements for calling a special meeting be updated? [Part H.
Article 6, Section 31
The Charter currently provides that the mayor, any two members of the City Commission or the
City Manager may call a special meeting noticed by hand delivery. The provision is to be
clarified to remove seeking two members due to sunshine law requirements; adding in the City
Attorney and Vice Mayor and providing electronic notice delivery.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
$&(9)-Shall the requirement for special meetings be updated to authorize contracts over
$50,000? [Part U. Article 6, Section 51
The Charter currently provides that a special meeting of the City Commission requires a 4/5 vote
when the purchase or contract exceeds $25,000.00. As the City Manager's administrative
authority to purchase or contract has been increased to $50,000.00 without City Commission
action, the 4/5 vote for a purchase or contract at a special commission meeting is recommended
to be increased to purchases or contracts over $50,000.00.
4 ORDINANCE #2024-_QILJ
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
J9l(")—Shall the bond requirements for officers, clerks and employees be updated to
include insurance? [PartIII. Article 1, Section 41
It is proposed that the Charter be amended to provide a clarification that the City may obtain a
bond or insurance for all officers, clerks, or employees, at an amount determined by the City's
insurance agent. It is proposed that the Charter be amended to provide this clarification.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
JLQ*W Shall the public procurement piggyback authorization be modified from 18
months to up to three years old? [Part III, Article 4, Section 4(j)].
The City Charter currently provides for public procurement piggybacking on contracts issued
within 18 months. The City would like to modify the provision to allow piggyback procurement
within 3 years. It is proposed that the Charter be amended to provide this clarification.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ j NO
1f�1 (1=2) Shall obsolete language from prior nominations of City Commission candidate be
deleted? [Part VI, Article 1, Section 41.
The City Charter currently provides the specific nomination history for the March 2011 election,
which language should be eliminated as obsolete. It is proposed that the Charter be amended to
provide this clarification.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
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1�2 (t"hall duplicative language relating to Mayor and Manager executing contracts be
eliminated? [Part VII, Article 3, Section 21.
The City Charter includes duplicative language as to requiring the Mayor and City Manager to
sign contracts. That duplicative language is recommended to be deleted.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
J3 " Shall the advisory board residency requirement be increased from 6 months to 12
months? [Part IX, Article 1, Section 11.
The Charter provides a six (6) month residency requirement for all advisory board members.
The City is seeking to increase the residency requirement to 12 months.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
1i�4 (W Shall the mayor and manager sign contracts over $50,000, and lesser contracts by
Manager? [Part X, Article 4, Section 11
Currently all contracts are to be signed by the City Manager, City Clerk and Counter -signed by
the Mayor. The provision should be modified to reflect that all contracts and legal instruments
over $50,000.00 and should be signed by the Manager and Countersigned by the Mayor. All
other contracts should be signed by the City Manager, or her designee. It is proposed that the
Charter be amended to provide this clarification.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
5� Shall the Charter be amended to authorize notices be published consistent with
state law? [Part X, Article 6, Section 51
The Charter provides that all legal notices shall be published in a newspaper of general
circulation. Should the charter be amended to also authorize publication as authorized under
State law.
ORDINANCE #2024-� 1
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
114 (1-7) Should Scrivener's Errors be removed from the Charter?
The City Charter currently contains certain scrivener's errors that should be corrected for clarity.
It is proposed that the Charter be amended to provide this clarification.
Shall the above -described Charter amendment be adopted?
[ ] YES
[ ] NO
117 Should the map and legal description of City be amended to include
annexed areas?
The City Charter contains a map and legal description of the City's boundaries. In
2023, two parcels were annexed into the City. It is proposed to update the City
Charter map and boundary legal description to include these parcels.
Shall the above -described Charter amendment be adopted?
[ ] 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.
i—1
7 ORDINANCE #2024-
The County registration books shall remain open at the Office of the Broward County Supervisor
of Elections office until October 7, 2024, 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
circulation within the City at least thirty (30) days prior to the election, the fast 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 5, 2024, 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) Shall a charter conflict for date of newly elected officials taking office be
eliminated?
(2) Shall obsolete four-year staggered tern election history be removed from the
charter?
(3) Shall obsolete term limit language as to prior elections be removed from the
Charter?
(4 (AS) Shall the requirement that any expenditure over a $1,000,000 be by ordinance be
amended to $5,000,000.00?
05 (0 Shall obsolete reference to March versus November election be removed from the
Charter?
J6 (47) Shall inconsistent language regarding City Commission voting be clarified?
a7 (9) Shall the notice and requirements for calling a special meeting be updated?
8 ORDINANCE #2024--LL 1
Shall the requirement for special meetings be updated to authorize contracts over
$50,000?
Shall the bond requirements for officers, clerks and employees be undated to
include insurance?
10 Shall the public procurement piggyback authorization be modified from
18 months to up to three years old?
11 (44) Shall obsolete language from prior nominations of City Commission
candidate be deleted?
=212 " Shall duplicative language relating to Mayor and Manager executing
contracts be eliminated?
13 " Shall the advisory board residency requirement be increased from 6
months to 12 months?
145) Shall the mayor and manager sign contracts over $50,000, and lesser
contracts by Manager?
15 (4-0 Shall the Charter be amended to authorize notices to be published
consistent with state law?
16)(14)- Should Scrivener's Errors be removed from the Charter?
(17)(18) Should the map and legal description of City be amended to include annexed
areas?
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:
City Hall, City of Dania Beach
100 West Dania Beach Boulevard,
Dania Beach, Florida 33004.
Contact: Elora Riera, MMC, 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 8. 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
9 ORDINANCE #20240
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.
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 re -lettered to accomplish such intention.
Section 11. Canvassine 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. Severability. That the provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be
held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining
sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it
being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any
part.
Section 13. Codification. That It is the intention of the Mayor and City Commission
of the City of Dania Beach, and it is hereby ordained that the provisions of this ordinance shall
become and be made a part of the Code of the City of Dania Beach, Florida. The sections of this
ordinance may be renumbered or re -lettered to accomplish such intention, and the word
"ordinance" may be changed to "section," "article," or other appropriate word.
Section 14. Effective Date. That this Ordinance shall be effective 10 days after passage
on second reading.
10 ORDINANCE #2024-_U4
PASSED on first reading on &6 f - 1 .2024. �(
PASSED AND ADOPTED on second reading on `t" 2024.
First Reading•
Motion by: a 1��y
Second by:y '
FINAL VOTE ON ADOPTION: Unanimous
Yes No
Commissioner Joyce L. Davis
Commissioner Tamara James
Commissioner Marco Salvino
Vice Mayor Lori Lewellen
Mayor Archibald J. Ryan IV
ATTEST: %A b.
1 Q
If -
FLORA
CITY CLERK ,
APPROVED AS TO FORM AND
E . BO TSIS
C ATTORNEY
11 ORDINANCE #2024-04