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ORDINANCE NO. C-11-18

AN ORDINANCE OF THE CITY OF FORT LAUDERDALE, FLORIDA, AMENDING CHAPTER 2, ARTICLE VII, BOARDS, COMMISSIONS, ETC.; DELETING DIVISIONS 3, 5 AND 8 OF CHAPTER 2, ARTICLE VII, BOARDS, COMMISSIONS, ETC.; AMENDING SECTION 7-32, COMPOSITION, QUALIFICATIONS, APPOINTMENT, COMPENSATION, SECTION 9-88, COMPOSITION, QUALIFICATIONS, COMPENSATION, ANO SECTION 9-258, ENFORCEMENT; SERVICE OF NOTICES ANO ORDERS; APPEALS BOARD; HEARINGS OF THE CODE OF ORDINANCES OF THE CITY OF FORT LAUDERDALE, FLORIDA; AMENDING ORDINANCE NO. C-71-56, ORDINANCE NO. C-96-16, ANO ORDINANCE NO. C-10-48 OF THE CITY OF FORT LAUDERDALE, FLORIDA; AND AMENDING CHAPTER 47, ARTICLE IX, ADMINISTRATION ANO BOARDS, OF THE UNIFIED LANO DEVELOPMENT REGULATIONS (ULOR) OF THE CITY OF FORT LAUDERDALE, FLORIDA, TO PROVIDE UNIFORM BOARD ANO COMMITTEE MEMBERSHIP REQUIREMENTS, REVISE THE METHOD FOR CODIFICATION OF ADVISORY BOARDS, AND PROVIDING FOR CODIFICATION, SEVERABILITY, REPEAL OF CONFLICTING ORDINANCE PROVISIONS. AND AN EFFECTIVE DATE.

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA:

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SECTION 1. That Chapter 2, Article VII. Boards, Commissions, Etc. of the Code of Ordinances of the City of Fort Lauderdale, Florida, is hereby amended to read as follows:

Sec. 2-216. Definitions.

·The following words. terms and phrases. when used in this division. shall have the meanings ascribed to them in this section. except where the context clearly indicates a different meaning: Board means a group of persons established by citv ordjnance. or pursyant to federal or state law. the County or City Charter. or interlocal agreements who are collectively charged with specific oowers and duties provided within their respective establishing leaislation.

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ORDINANCE NO. C-11-18 PAGE2

City Board means any board established by city ordinance. or City Charter.

Advisory Board means a board established by the citv commission with the responsibility for providing advice and recommendations to the city commission on a particular subject matter or issue. The following boards are not advisory boards pursuant to this definition: Board of Adlustment. Cemetervte& Svstem Board of Trustees. Citizens Police Review Board. Civil Service Board. Code Enforcement Board. General Employees Retirement System Board of Trustees. Historic Preservation Board. Nuisance Abatement Board, Planning and Zoning Board. Police and Firefighters Retirement Svstem Board of Trustees, and Unsafe Structures Board: unless otherwise provided. these boards shall be governed by their own estabfishing legislation. ·

Quasi-Judicial Board means a board that has the authority to take action or exercise discretion to investi<Jate or ascertain facts and draw conclusions that result in an official action indeoendent of any action by the city commission. A quasi-judicial board is not an advisory board for the purooses of this article but in some instances may be authorized to act in an advisory caoacity to the City Commission.

Committee means a group of persons established by the city commission to meet and perform a specific service or function for a limited duration of time. For purposes of this article. a committee created pursuant to federal or state law. the Countv or City Charter or interlocal agreement for any other purpose shall not be governed by this Article but governed by its own establishing legislation.

Sec. 2-21z1. General power te GFeata requirements for advisory boards and committees

(a) The city commission may at any time, by eFdinanGe, create an advisory board,_M ordinance. or a committee. by resolution. to act in an advisory capacity to the city commission or any department of the city government with respect to the conduct and management of any property or facility or in connection with any public functions of the city. The ordinance or resolution creating such advisory board or committee shall specify the powers and duties of such advisory board or committee. and the number and qualification of its members. The city commission may at any time, by ordinance, abolish any existing advisory board and may transfer the duties of same to any other board, committee, employee, or department. The city commission may at any time. by

CODING: Words, symbols, and letters etFiekeR are deletions; words, symbols and letters underlined are additions; words symbols, and letters aewlitle atriekeA are deletions from the version presented at first reading; and words, symbols, and letters double undedlned are additions added after first reading.

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PAGE3 ORDINANCE NO. C-11-18

resol ion abolish an existin committee and ma tran fer the duti s of s me to an

board. committee. employee. or department.

(b) The city commission may at any time, by res?lution, appoint members ef to. any adVisory board 69 6r:eateEI sy or:diRaRee or committee. All members of SDY....adv1sory boards or committees, unless otherwise specified, shall serve to.r a one-year term and without compensation. Vacancies on advisorv boards and c.omm1ttees shall be fill~ for the balance of any unexpired term. All members of aU-advi~ory boa~s or com~1~ees. shall be residents of, own property in, or be employed 1n the city as a minimum requirement for advisory board or committee membership except for members of the beach business improvement district advisorv committee. beach redevelopment board and the economic development board. The city manager shall be an ex officio member of all such advisory boards, without power to vote.

(d) Any member of any ad¥isory ~board, committee or commission or FRomber of tho boaro of aEijwstFReRt who may become a candidate for any public elective office shall automatically forfeit his office. No city employee shall be appointed by the city commission to any board or committee. unless otherwise provided for by federal or state law. or county or city charter. ordinance or resolution. A city employee may serve as a voting member on a board. as long as he or she is appointed by a body other than the city commission. Except as provided herein, the city commission may at any time, with or without cause, unless otherwise provided by law, by an affirmative vote of three (3) city commissioners remove any advisory board member from their board. The city commission may at any time remove a member of the planning and zoning board or board of adjustment only for good cause shown by the affirmative vote of four (4) members of the city commission.

Sec. 21§1. Board to manage publlc works and utllltles.

Sec.2-21 ~·· Limitation on number of consecutive terms.

CODING: Words, symbols, and letters &Wi6keR are deletions: words, symbols and letters underlined are additions; words symbols, and letters sl•w'-1• wi&lwR are deletions from the version presented at first reading; and words, symbols, and letters double under'in@d are additions added after first reading.

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ORDINANCE NO. C-11-18 PAGE4

Sec. 2-22049- • 2-230. Reserved.

SECTION 2. That the Division 3. Insurance Advisory Board, Division 5. Education Advisory Board, and Division 8. Sustainability Advisory Board of Chapter 2, Article VII. Boards, Commissions, Etc. of the Code of Ordinances of the City of Fort Lauderdale, Florida, is hereby deleted from the text of the code of ordinance. This deletion of text from the code of ordinance does not repeal or amend any clause, section or other part of any ordinance of the City of Fort Lauderdale. The boards referenced in this section remain established in accordance with their enabling legislation.

SECTION 3. That Section 1 of City of Fort Lauderdale Ordinance No. C-71-56, as amended by City of Fort Lauderdale Ordinance No. C-77-102, C-79-83 and C-09-05, is hereby amended to read as follows:

Section 1 . That- Ct:\apter 2 ef the Coee of OreiAaA&es ef the City of Fort la1i:1eer-Elale, FleFiaa, l;)e ana the same there is established the Insurance Advisory Board of the City of Fort Lauderdale. Florida. hereby amenEieEi by aaaing a nev: Artiele VII theF&to, saiEI new Ai:tiele to reaEI as fellows:

Artiele VII. lns1i:1ranee Ae•1iser:y 8oaFd

Seo. 2 246. Established; composition; term.

(a) There is hereby established an insurance advisory board composed of seven (7) members, eact=i of wheRl shall Fesiee w~hin the eity.:. Eligibility for board membershig shall be determined in accordance with the provisions of Section 2-217 of the Code of Ordinances. as may be amended from time to time.

SECTION 4. That Sections 1, 2, and 3 of City of Fort Lauderdale Ordinance No. C-96-16, as amended by City of Fort Lauderdale Ordinance No. C-01-07, is hereby amended to read as follows:

Section 1. That a ne•J..• Oiv4sion fi, entitled "~duoatieR AGvisory Beare", witt:liR Chapter 2

CODING: words, symbols, and letters &tFi6keR are deletions; words, symbols and letters underlined are additions; words symbols, and letters 8ew~l11&FlakeA are deletions from the version presented at first reading; and words, symbols, and letters doyble underlin@d are additions added after first reading.

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ORDINANCE NO. C-11-18 PAGE5

of the Cede of OFdinanees of the City of FoFt Lal:ldeR\iale there is hereby cr:eatea established the Education Adyisory Board of tbe Citv of Fort Lauderdale, Florida.

Section 2, That within Divisien 5 of Chapter 2 of the Cede of OFdinances, a nev.i sestion 2 250 is sFeatea and shall read as follows:

Seo. 2 250. Established; intent: composition; terms.

Section 3. That v:ithin Divisien 5 of Chapter 2 of the Cade of OmiAanses, a A9\tJ sestion 2 251 is or:eatee aAa shall r:eaa as follows:

Sec. 2 251. Duties

SECTION 5. That Section 1, 2, 3 and 4 of City of Fort Lauderdale Ordinance No. C-10-48 is hereby amended to read as follows:

Section 1. That a ne-N Division i, entitled "SYSTAIN.~81blTY ADVISORY SOARD", ·.tAthin Chapter 2 of tt:1e Code of OFdinanses of tt:te City of fiert Lallaer:dale there is hereby created established the Sustainability Advisory Board of the City of Fort Lauderdale. Florida.

Section 2, That within Dit/isien 8 ef Cf:lapter 2 of the Code ef Or:dinanses, a new seGtion 2 267 is or:eated aAEi sl:\all FeaEI as fello'NS:

Soc. 2 257. Established; intent; composition; terms.

Section 3. That 'Nithin Divisien 8 ef Chapter 2 ef the Gode ef Offiinanoes, a AE)llo' seelion 2 258 is created and sl:\all reaEt as fellews:

See. 2 258. Meetings and Procedures

Section 4. That withiA DMsieA i ef Chapter 2 of tl:ie Geae of OFdinanses, a new seelion 2 289 is ereatee anel shall r:eaEI as follo•f16:

CODING: Words, symbols, and letters s&riekeA are deletions; words, symbols and letters underlined are additions; words symbols, and letters iewjjl1 .Vi1k1A are deletions from the version presented at first reading; and words, symbols, and letters double underlined are additions added after first reading.

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ORDINANCE NO. C-11·18 PAGE 6

Sec. 2 259. Purpose and Duties

SECTION 6. That except as amended, Ordinances No. C-71-56 adopted on July 6, 1971, C-96-16 adopted on April 2, 1996, and C-10-48 adopted on December 29, 2010 are hereby ratified and reaffirmed.

SECTION 7. That Section 7-32, Composition, qualifications, appointment; compensation, of the Code of Ordinances of the City of Fort Lauderdale, Florida, is hereby amended to read as follows:

Sec. 7-32 ... Composition, qualifications, appointment; compensation.

The aviation advisory board shall be composed of not more than ten (10) members, east=\ of wt:tem st.:iall reside witRiA ttie aerpoFato limits of t~e aity. Members of the board shall be appointed by the city commission and shall serve without compensation and for a tenn of one (1) year from the date of their appointment. In addition, one (1) member of the Tamarac City Commission and one (1) member of the Oakland Park City Commission, or their designees, shall be designated by each municipality as the official of that municipality to receive all agendas, any agenda background materials furnished to board members, and minutes of all aviation advisory board meetings. Such Commission members, or their designees, shall have the right to sit with and address the board on all matters considered by such board, but shall not be entitled to vote. Matters of concern to the municipalities of Tamarac and Oakland Pari< may be placed on the agenda of the board in accordance with established procedures. Notwithstanding the above, eligibility for board membership shall be determined in accordance wjth the provisions of Section 2-217 of the Code of Ordinances. as may be amended from time to time.

SECTION 8. That Section 9-88, Composition, qualifications, compensation, of the Code of Ordinances of the City of Fort Lauderdale, Florida, is hereby amended to read as follows:

Sec. 9-88. - Composition, qualifications; compensation.

The contractors' examining and mediation board shall consist of seven (7) voting members appointed by the city commission \vf:te shall ee r-esideAt eleeteF& of the Gity. The members of the board shall consist of one (1) member from each of the building,

CODING: Words, symbols, and letters &lFiskeR are deletions; words, symbols and letters underlined are additions; words symbols, and letters lilewtlla 1wM*aA are deletions from the version presented at first reading: and words, symbols, and letters double ygderlined are additions added after first reading.

C-11-18

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ORDINANCE NO. C-11-18 PAGE7

plumbing, electrical, mechanical and specialty contractor trades and shall be totally familiar with the subject matter related to the examination and qualification of the particular trade or profession represented. No member of the contractors' examining and mediation board shall receive any compensation for duties involved. No member appointed to the board shall have been adjudged bankrupt within the previous five (5) years prior to his appointment. Notwithstanding the above. eligibi\ity for board membership shall be determined in accordance with the provisions of Section 2-217 of the Code of Ordinances. as may be amended from time to time.

SECTION 9. That Section 9-258, Enforcement; service of notices and orders; appeals board; hearings, of the Code of Ordinances of the City of Fort Lauderdale, Florida, is hereby amended to read as follows:

Sec. 9·258. • Enforcement; service of notices and orders; appeals board; hearings.

(c) There is hereby created an unsafe structures board. The members of the board shall be permanem FesiEieAts of the, who possess ru1 outstanding reputations for civic activity, interest, integrity, responsibility and business or professional ability. The composition and representative members of the board shall be as follows: a registered engineer, a registered architect, a general building contractor, an electrical contractor, an attomey-at­law, a plumbing contractor, a real estate appraiser, a real estate property manager and a citizen with experience and background in the field of social problems. Notwithstanding the above. eliqibilitv for board membership shall be determined in accordance with the provisions of Section 2-217 of the Code of Ordinances. as may be amended from time to time.

SECTION 10. That Chapter 47, Article IX, Administration ~nd _Boards, of the Unified Land Development Regulations of the City of Fort Lauderdale, Florida, 1s hereby amended to read as

follows:

Sec. 47·30.2. - Membership.

A. The city planning and zoning board shall consist of nine (9) members.

CODING: Words, symbols, and letters &tFiGkeA are deletions; words, s~bols and letters underli!18~ are additions; words symbols, and letters a1w&ll1 1W11k1i:1 are deletions from the version ?resented at first reading, and words, symbols, and letters double underlin@d are additions added after first reading.

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ORDINANCE NO. C-11-18 PAGE8

B. The term of office of each member shall be three (3) years except for the filling of vacancies. The term of office in each instance shall begin on June 1.

C. Vacancies on the board shall be filled for the balance of any unexpired term.

D. Members of the board shall receive no compensation for their service on the board.

E. The provisions of Section 2-21iZ of the Code of Ordinances applicable to advisory boards including but not limited to removal of board members shall apply to the planning and zoning board as provided therein when such provisions are not in conflict with this section of the code. (Located in Section 2-21iZ of the Code.) In the event conflict the provisions these Sec.47-30 shall prevail.

Sec. 47-30.3. - Qualifications.

Members of the board shall be appointed by resolution of the city commission and each shall be a resident aRe q1;1alifieEt eleeter of the city.

Sec. 47 -32.5. • Quallficatlons.

A. Members shall be residents and qualifieEI eleGtoFS of the city and shall have knowledge of historical or architectural development within the city and have deep concern for the preservation, development and enhancement of the historic buildings in the city.

Sec. 47-33.4. - Qualifications.

Each member of the board of adjustment including alternate members shall be a resident ans qualifies oloeter of the city and shall have previously served as a member of the planning and zoning board tor at least one (1) year, or be otherwise equally qualified.

CODING: Words, symbols, and letters stFiekeR are deletions: words, symbols and letters underlined are additions; words symbols, and letters liewlale &triekeFt are deletions from the version presented at first reading; and words. symbols, and letters gguble und@rlioed are additions added after first reading.

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ORDINANCE NO. C-11-18 PAGE9

SECTION 11. That with the exception of ordinances specifically identified and amended in this ordinance all ordinances and resolutions contain provisions providing a residency requirement for advisory board or committee members are hereby amended to provide that in addition to more specific provisions of the respective ordinance or resolution that all members of the advisory board or committee shall be residents of, own property in or be employed in the city when this requirement does not conflict with the intended purpose of the qualification.

SECTION 12. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect.

SECTION 13. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed.

SECTION 14. That this Ordinance shall be in full force and effect ten days from the date of final passage.

//} ;

Mayor HN P. "JACK" SEILER

ATTEST:

9 ~0- k ·3-~ d,__/ City Clerk

JONDA K. JOSEPH l L:\COMM2011\0rds\Aug23\C-11-18.doc

CODING: Words, symbols, and letters etFiekeR are deletions; words, symbols and letters underlined are additions; p fi d ,I words symbols, and letters Cilewa.1e 1t11iekeA are deletions from the version presented at 1rst reading; an words, !I symbols, and letters double underlined are additions added after first reading_

!'. C-11-18

ORDINANCE NO. C-09-05

AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA, REDUCING THE QUORUM REQUIREMENT FOR THE BEACH REDEVELOPMENT, CEMETERIES, EDUCATION ADVISORY, ECONOMIC DEVELOPMENT, INSURANCE, PARKS, RECREATION AND BEACHES AND THE NORTHWEST­PROGRESSO-FLAGLER HEIGHTS REDEVELOPMENT, COMMUNITY APPEARANCE; THE COMMUNITY SERVICES AND THE MARINE ADVISORY BOARDS; AND THE UTILITY ADVISORY, THE FIRE-RESCUE FACILITIES AND THE CENTENNIAL CELEBRATION COMMITTEES AND THE UTILITY ADVISORY SUBCOMMITTEES.

WHEREAS, pursuant to Section 2-216 of the Code of Ordinances of the City of Fort Lauderdale, Florida, the City Commission has created several City boards and committees; and

WHEREAS, the City Commission has established by ordinance, resolution or policy the quorum required for a board or committee to conduct business; and

WHEREAS, the quorum required for the boards and committees provided herein to conduct business is a majority of the membership of such board or committee; and

WHEREAS, at times the seats on such boards or committees are vacant while qualified persons are found to be appointed by the City Commission; and

WHEREAS such boards or committees need to conduct business during their meetings while the vacant seats are in the process of being filled; and

WHEREAS, the boards and committees that are the subject of this amendment to the quorum requirement are as follows:

Beach Redevelopment Board, Cemetery System Board of Trustees, Education Advisory Board, Economic Development Advisory Board, Insurance Advisory Board, Parks, Recreation and Beaches Board and the Northwest-Progresso­Flagler Heights Redevelopment Board; quorum established by Ordinance No. C-78-112 adopted on November 21, 1978;

Community Appearance Board; quorum established pursuant to Ordinance No. C-96-65 adopted on December 3, 1996;

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ORDI NANCE NO. C-09-05 PAGE 2

Community Services Board; quorum established pursuant to Ordinance No. C­69-76 adopted on September 30, 1969;

Marine Advisory Board; quorum established pursuant to Ordinance No. C-2074 adopted on December 8,1964;

Utility Advisory Committee; quorum established pursuant to Resolution No. 03­17 adopted on February 4, 2003, including the Tree and the Infrastructure Subcommittees;

Fire-Rescue Facilities Bond Issue Blue Ribbon Committee; quorum established pursuant to Resolution No. 04-220 adopted on December 7,2004;

Centennial Celebration Committee; quorum established pursuant to Resolution No. 08-108 adopted on May 20, 2008;

all such boards and committees hereinafter referred to as "Boards and Committees".

NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF FORT LAUDERDALE, FLORIDA:

SECTION 1. That the ordinances and resolutions providing the quorum requirement for the Boards and Committees referenced in this Ordinance are hereby amended to provide that a majority of the members appointed to such board or committee on the date a meeting is held shall constitute a quorum which is required to conduct business.

SECTION 2. That if any clause, section or other part of this Ordinance shall be held invalid or unconstitutional by any court of competent jurisdiction, the remainder of this Ordinance shall not be affected thereby, but shall remain in full force and effect.

SECTION 3. That all ordinances or parts of ordinances in conflict herewith, be and the same are hereby repealed.

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ORDINANCE NO. C-09-05 PAGE 3

SECTION 4. That this Ordinance shall be in full force and effect ten days from the date of final passage.

PASSED FIRST READING this the 21st day of January, 2009. PASSED SECOND READING this the 3rd day of February, 2009.

ATTEST:

9~v- k·CJrlR-~City Clerk-­

JONDA K. JOSEPH

L:\COMM2009\Ordinances\feb 3\C-09-0S.doc

C-09-05