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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 Page 1 of 6 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 140051713.1 Temp. Reso. #13868 November 21, 2022 Page 2 of 6 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. 140051713.1 Shall the above -described Charter amendment be adopted? Yes — 13,815 No — 7,903 Temp. Reso. #13868 November 21, 2022 Page 3 of 6 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 140051713.1 Temp. Reso. #13868 November 21, 2022 Page 4 of 6 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? 140051713.1 Temp. Reso. #13868 November 21, 2022 Page 5 of 6 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. 140051713.1 Temp. Reso. #13868 November 21, 2022 Page 6 of 6 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 �— 140051713.1