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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2022-004 Amending Voting ProceduresTemp. Ord. #2496 March 10, 2022 Page 1 of 4 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2022- OOL - AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING CHAPTER II, ENTITLED "ADMINISTRATION", AMENDING ARTICLE II, ENTITLED "CITY COMMISSION", BY SPECIFICALLY AMENDING SECTION 2-34 ENTITLED "COMPREHENSIVE PROCEDURES FOR CITY COMMISSION MEETINGS" TO PROVIDE IN SUBSECTION (K) "VOTING PROCEDURES" A NEW VOTING ROTATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Florida Statutes provide that municipalities shall have the governmen- tal, corporate, and proprietary powers to enable them to conduct municipal government, perform municipal functions, and render municipal service, and exercise any power for municipal purposes, except when expressly prohibited by law; and WHEREAS, Article IV, Section 4.07 of the City Charter of the City of Tamarac em- powers the City to adopt, amend, or repeal such ordinances and resolutions as may be required for the proper governing of the City; and WHEREAS, Section 4.06(b) of the City of Tamarac's Charter allows the City Com- mission to determine its own rules of procedure for its meetings; and WHEREAS, pursuant to the Charter, the City Commission adopted an Ordinance, CODING: Words in type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2496 March 10, 2022 Page 2 of 4 which established Comprehensive Procedures for City Commission Meetings ("Compre- hensive Procedures") as codified in section 2-34 of the Code of Ordinances; and WHEREAS, recently, the City Commission has requested a change to subsection 2-34(k), "Voting Procedures", to amend the voting rotation for elected officials during City Commission meetings; and WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the best interest of the business owners, residents, and visitors of the City of Tamarac to amend Section 2-34(k) amending the voting rotation for elected officials during City Com- mission meetings. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA THAT: SECTION 1: The foregoing whereas clauses are ratified and confirmed as being true and correct, are the legislative and administrative findings of the City Commission and made a specific part of this Ordinance; all exhibits attached hereto are incorporated herein and made a specific part thereof. SECTION 2: The City Commission of the City of Tamarac hereby amends Chapter 2 of the City's Code of Ordinances, entitled "Administration", by amending Article II of the City's Code of Ordinances, entitled "City Commission", by specifically amending Section 2-34, entitled "Comprehensive Procedures for City Commission Meetings", as follows: ARTICLE II. — City Commission CODING: Words in strUGk threugh type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #2496 March 10, 2022 Page 3of4 Sec. 2-34. - Comprehensive procedures for city commission meetings. (k) Voting procedures. (1) Every member present, when a question is put, shall vote un- less the member has a conflict of interest. Any member ab- staining from voting must make a brief statement for such re- quest and will fill out all appropriate paperwork to be filed with the city clerk at the meeting where the conflict is announced, pursuant to F.S. Ch. 112, as amended from time to time. The question shall then be immediately taken without further de- bate. (2) Voting on all legislation shall be oral and in open city commis- sion meetings. No proxy votes are permitted. When the city clerk calls the roll, each member shall respond "yes," "no," "aye," "nay," or "abstain." No other comment is permitted dur- ing voting. Segi^niRg GR [March 10020211 the mayers4a; ra,4. dote first n all matters aR d the order Of VGtiRg fnr eEvery ethef member shall rotate in a random manner. (3) The city clerk will announce whether the matter passed or failed. (4) The order of voting may be readdressed and changed by the city commission after each election, and the change shall take effect upon passage of a resolution. SECTION 3: It is the intention of the City Commission and it is hereby ordained that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. CODING: Words in strUGk throug4 type are deletions from existing law, Words in underscored type are additions. Temp. Ord. #2496 March 10, 2022 Page 4 of 4 SECTION 4: All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 5: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 6: This Ordinance shall become effective immediately upon its passage and adoption. VA PASSED, FIRST READING this �3 day of HAS q 2022. PASSED, SECOND READING this ( day of (Y/ZIL. , 2022. ATTEST: / 1,� JtVN F0O k1N ON, CIVIC CITY CLERK / & �J MIC ELLE J. GO Z MAYOR RECORD OF COMMISSION VOTE: 1st Reading MAYOR GOMEZ DIST 1: COMM. BOLTON I DIST 2: V/M GELIN ( So DIST 3: COMM. VILLALOBOS jCS DIST 4: COMM. PLACKO JcS CODING: Words in type are deletions from existing law, Words in underscored type are additions. RECORD OF COMMISSION VOTE MAYOR GOMEZ DIST 1: COMM. BOLTON DIST 2: V/M GELIN DIST 3: COMM. VILLALOBOS DIST 4: COMM. PLACKO Temp. Ord. #2496 March 10, 2022 Page 5 of 4 2nd Reading No De LAC - APPROVED ,�S TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND RELIANCE OF THIS CITY OF TAMARACIONLY. JOH ' ERIN, JR CITY�ATT RNEY CODING: Words in type are deletions from existing law, Words in underscored type are additions.