HomeMy WebLinkAboutCity of Tamarac Resolution R-2022-130 Declaring the Results of the Referendum Election Voting at the November 8, 2022 to the City CharterTemp. Reso. #13868
November 21, 2022
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CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-2022 - )SC)
A RESOLUTION OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, DECLARING
THE RESULTS OF THE REFERENDUM ELECTION
VOTING AT THE NOVEMBER 8, 2022 ELECTION ON
AMENDMENTS TO THE CITY CHARTER:
ORDINANCE NO. 0-2022-07 AMENDMENTS
RELATING TO SECTION 2.01 OF THE CHARTER
CONCERNING THE MANNER IN WHICH THE CITY
MAINTAINS AN OFFICIAL CITY MAP AND
DELETING SECTION 13.01 OF THE CHARTER
CONCERNING THE BOUNDARIES OF THE CITY AS
REDUNDANT; SECTION 5.02 OF THE CHARTER
CONCERNING THE MANNER OF REMOVAL OF
THE CITY MANAGER, SECTIONS 5.04 AND 10.01
CONCERNING THE POWERS OF THE CITY
MANAGER; SECTION 6.06 CONCERNING
CANDIDATE RESIDENCY REQUIREMENTS;
SECTIONS 7.09, 7.11 AND 7.14 OF THE CHARTER
TO SPECIFY THAT THE MANNER OF SELECTING
AN AUDITOR AND PROCURING GOODS AND
SERVICES COMPLY WITH APPLICABLE STATE
LAW AND ALL AGREEMENTS AND CONTRACTS
THE CITY ENTERS INTO ARE SUBJECT TO AN
ANNUAL APPROPRIATION OF FUNDS, SECTION
11.01 OF THE CHARTER CONCERNING THE
MANNER OF REMOVAL OF THE CITY ATTORNEY;
DELETING OBSOLETE PROVISIONS OF THE
CHARTER, MAKING THE CHARTER GENDER
NEUTRAL; STANDARDIZING TERMINOLOGY,
DEFINITIONS AND REFERENCES TO STATE LAW;
PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, as authorized by State law and the Charter of the City of
Tamarac ("Charter") a Referendum Election was held on November 8, 2022,
wherein the electorate was asked to vote on amendments to the Charter; and
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WHEREAS, the Broward County Canvassing Board has canvassed the
results of the machine voting and absentee ballots and has certified the results of
the Referendum Election to the City Clerk of the City of Tamarac ("Clerk"); and
WHEREAS, the Clerk has reviewed the Referendum Election certification
from the Broward County Canvassing Board and has presented its findings to the
City Commission for a formal Certification and Declaration of the Referendum
Election results.
NOW, THEREFORE, BE IT RESOLVED 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 Resolution; all exhibits referenced
and attached hereto are incorporated herein and made a specific part of this
Resolution.
Section 2. The following is hereby certified and declared as the official
results of the public vote at the Referendum Election of November 8, 2016, for the
proposed Charter Amendments-
1 . OFFICIAL CITY MAP AND BOUNDARIES
Currently the City Charter requires the City to maintain an official city map and sets
forth the boundaries of the City. Shall Section 2.01 of the City Charter be amended
to include a legal description of the City as part of the official city map and Section
13.01 of the City Charter be deleted as redundant.
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Shall the above -described Charter amendment be adopted?
Yes — 13,815
No — 7,903
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2. REMOVAL OF CITY MANAGER
Currently the City Charter provides for the removal of the City Manager by a simple
majority vote of the City Commission. Shall Section 5.02 of the Charter be
amended to require a supermajority vote of the City Commission to remove the
City Manager?
Shall the above -described Charter amendment be adopted?
Yes — 10,699
No — 11,221
3. CITY MANAGER'S AUTHORITY
Currently the City Charter provides that the City Manager appoints and supervises
Assistant City Managers, Department heads, and the City Clerk subject to the
approval of the Commission. Shall Sections 5.04 and 10.01 of the Charter be
amended to specify the City Manager shall appoint and supervise Assistant City
Managers, Department heads, and City Clerk without Commission's approval?
Shall the above -described Charter amendment be adopted?
Yes — 7,584
No — 14,153
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4, CANDIDATE RESIDENCY REQUIREMENT
Currently the City Charter is silent regarding a minimum residency requirement to
qualify to be a candidate for the office of Mayor and Commissioner. Shall Section
6.06 of the Charter be amended to specify a one-year residency requirement to
qualify to be a candidate for the office of Mayor and Commissioner?
Shall the above -described Charter amendment be adopted?
Yes — 16253
No — 5,876
5. PROCUREMENT PROCEDURES
Currently the City Charter provides for the procurement of an independent auditor
and certain professional services in a manner inconsistent with state law. Shall
Sections 7.09, 7.11 and 7.14 of the Charter be amended to comply with state law
and that certain City agreements and contracts for goods and services are subject
to annual appropriation of funds?
Shall the above -described Charter amendment be adopted?
Yes — 13,679
No — 7,633
6. REMOVAL OF CITY ATTORNEY
Currently the City Charter provides for the removal of the City Attorney by a simple
majority vote of the City Commission. Shall Section 11.01 of the Charter be
amended to require a supermajority vote of the City Commission to remove the
City Attorney?
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Shall the above -described Charter amendment be adopted?
Yes — 10,445
No — 11,144
7. CLARIFICATION AND UPDATE OF CITY CHARTER
Currently the City Charter has multiple Sections that are outdated or obsolete.
Shall the City Charter be comprehensively amended, including changes made for
style, clarity, consistency, and gender neutrality, deleting obsolete provisions,
providing for definitions, updating the Charter to conform with State law provisions,
and removing matters covered by City Ordinances?
Shall the above -described Charter amendment be adopted?
Yes — 13,332
No — 8,210
Section 3. All resolutions or parts of resolutions in conflict herewith are
hereby repealed to the extent of such conflict.
Section 4. Any scrivener or typographical errors that do not affect intent
may be corrected with notice to and authorization of the City Attorney and City
Manager without further process.
Section 5. If any clause, section, other part, or application of this
Resolution is held by any court of competent jurisdiction to be unconstitutional or
invalid, in part or application, it shall not affect the validity of the remaining portions
or applications of this Resolution.
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Section 6. This Resolution shall become effective immediately upon its
passage and adoption.
PASSED, ADOPTED AND APPROVED this 21It day of November 2022
ATTEST:
KIMBERLY DILLON, CMC
CITY CLERK
MICH LLE J. GOMEZ
MAYOR
RECORD OF COMMISSION VOTE
MAYOR GOMEZ
DIST 1:
COMM. BOLTON_
DIST 2:
V/M GELIN
DES
DIST 3:
COMM. VILLALOBOS
DIST 4:
COMM. PLACKOS
APPROVED AS TO FORM AND LEGAL SUFFICIENCY FOR THE USE AND
RELIANCE OF THIS CITY OF TAMARAC ONLY.
LWCERIN, UR.
ATTORNEY �—
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