INTER-OFFICE CORRESPONDENCE
MEMORANDUM NO. 2007-029
TO: Mayor Jack
Brady
Members of
the City Commission
CC: Richard Sala,
City Manager
Ambreen
Bhatty, Assistant City Manager
C. Milli
Dyer, City Clerk
FROM: Samuel
S. Goren, City Attorney
Jacob
G. Horowitz,
DATE: April 11, 2007
RE: City
of
On
May 31, 2006 the City Commission, on the recommendation of the City’s Charter
Review Committee, adopted Ordinance No. 06-05-1157, which proposed a change in the
date of General Municipal Elections in the City from March to November. This
change in election date was embraced by the City’s electorate during the
General Election of November 7, 2006, and resulted in a modification to Article
III, Section 3.2 of the City’s Charter.
This
change did not effectuate a substantive amendment to Article III, Section 3.3
of the Charter, which governs the election date of the Vice Mayor.
Pursuant
to the City Commission’s authority under Florida law to interpret the City
Charter, our office has prepared an ordinance further embracing Ordinance No.
06-05-1157 to provide for consistency between the ordinance and the remainder
of the Charter. This new ordinance will result in a change in the date of
election of the Vice Mayor from the last meeting in March to the last meeting
in November.
At
the City Commission meeting on March 27, 2007, the Commission embraced this
change by extending the term of the current Vice Mayor until November 2008.
If
there are any questions pertaining to this matter, please do not hesitate to
contact our office.
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2007\2007-029 (Vice Mayor Election Date).doc
ORDINANCE
#__________________
AN
ORDINANCE OF THE CITY COMMISSION OF THE CITY OF NORTH LAUDERDALE, FLORIDA,
INTERPRETING ARTICLE III OF THE NORTH LAUDERDALE CHARTER, ENTITLED “LEGISLATIVE
FORM OF GOVERNMENT”; SPECIFICALLY CLARIFYING SECTION 3.3, ENTITLED “MAYOR AND
VICE MAYOR” TO PROVIDE FOR CONSISTENCY WITH ORDINANCE NO. 06-05-1157; CHANGING
THE DATE OF THE ELECTION OF THE VICE MAYOR FROM THE LAST MEETING IN MARCH TO
THE LAST MEETING IN NOVEMBER; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING AN EFFECTIVE DATE.
WHEREAS, on May 31, 2006 the City
Commission of the City of the City of North Lauderdale (hereinafter referred to
as the “City”) passed on second and final reading Ordinance No. 06-05-1157,
which sought to change the date of General Municipal Elections in the City from
March to November; and
WHEREAS, during the General Election of November
7, 2006, the City’s electorate embraced Ordinance No. 06-05-1157 and approved
by referendum a revision to Article III, Section 3.2, of the City’s Charter,
providing for a future change in the City’s elections from March to November;
and,
WHEREAS, at the time Article III,
Section 3.2 was revised, the provisions of the City’s Charter regarding the
election of the Vice Mayor (Article III, Section 3.3) was not specifically
reviewed by the City’s Charter Review Board, nor were any direct revisions
discussed by the City Commission or approved by the electorate; and
WHEREAS, at the City Commission meeting
on March 27, 2007 the City Commission unanimously voted to extend the term of
current Vice Mayor Rich Moyle until November 2008 thereby embracing the intent
and legal purpose of Ordinance No. 06-05-1157; and
WHEREAS, the City Commission is
authorized under Florida law to interpret the City’s Charter, and finds it
necessary to interpret Article III, Section 3.3 in light of the revisions
approved by the electorate to Article III, Section 3.2, to address the election
of the Vice Mayor; and,
WHEREAS, the City Commission finds that
Article III, Section 3.3 of the City’s Charter shall be interpreted to
expressly provide for the election of a Vice Mayor annually at the last meeting
in November in a manner consistent with Ordinance No. 06-05-1157; and
WHEREAS, the City Commission deems it
to be in the best interests of the citizens and residents of the City to
provide for consistency between Ordinance No. 06-05-1157 and the remainder of
the City Charter.
NOW, THEREFORE, BE IT ORDAINED BY THE
CITY COMMISSION OF THE CITY OF
Section 1. The
foregoing “Whereas” clauses are hereby ratified as true and correct and
incorporated herein by this reference.
Section 2. The
City Commission hereby interprets and applies Article III, Section 3.3 of the
City’s Charter to expressly provide for the election of Vice Mayor annually at
the last meeting in November pursuant to Ordinance No. 06-05-1157, as embraced
by electors of the City of
Section 3. If
any clause, section or other part of this Ordinance shall be held by any court
of competent jurisdiction to be unconstitutional or invalid, such
unconstitutional or invalid part shall be considered as eliminated and in no
way affecting the validity of the other provisions of this Ordinance.
Section 4. All
Ordinances or parts of Ordinances, Resolutions or parts of Resolutions in
conflict herewith, be and the same are hereby repealed to the extent of such
conflict.
Section
5. This Ordinance shall become
effective upon passage and adoption.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY
LEFT BLANK.
PASSED AND ADOPTED BY THE
CITY COMMISSION OF THE CITY OF
PASSED AND ADOPTED BY THE
CITY COMMISSION OF THE CITY OF
APPROVED AS TO FORM:
______________________________
SAMUEL S. GOREN
CITY ATTORNEY
____________________________________
MAYOR
JACK BRADY
ATTEST:
____________________________________
VICE
MAYOR RICH MOYLE
______________________________
C. MILLI DYER, CMC