HomeMy WebLinkAboutCity of Tamarac Ordinance O-1979-008INTRODUCED BY: elm TEMP. # J /
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0 7 9-C'
AN ORDINANCE PLACING ON THE BALLOT OF MARCH 13, 1979,
PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF
TAMARAC AMENDING THE FOLLOWING SECTIONS OF THE TAMARAC
CITY CODE: SECTION 4.03 BY SPECIFYING THE DUTIES OF
THE VICE -MAYOR; SECTION 4.04 BY MODIFYING THE PROVISION
PERTAINING TO EXPENSES OF COUNCILMEMBERS AND PROVIDING
THAT EXPENSES ARE TO BE COMPUTED ON AN ELECTION YEAR
BASIS; SECTION 6.03 AMENDING THE REDISTRICTING PROCESS;
SECTION 6.06 PERTAINING TO CANDIDATES BY MODIFYING
THE LANGUAGE PERTAINING TO FILING; SECTION 6.08 PER-
TAINING TO RETURNS AND CERTIFICATES OF ELECTIONS;
SECTION 7.05 PERTAINING TO ADOPTION OF THE BUDGET BY
PROVIDING THAT THE BUDGET SHALL BE ADOPTED IN A MANNER
CONSISTENT WITH THE FLORIDA STATUTES; PROVIDING THAT
EACH QUESTION IS TO BE CONSIDERED SEPARATELY; PRO-
VIDING THAT EACH QUESTION APPROVED BY A MAJORITY OF
THE VOTERS AT THE MARCH 13, 1979 ELECTION SHALL BE-
COME AN AMENDMENT TO THE CHARTER OF THE CITY OF TAMARAC
UPON CERTIFICATION .OF THE ELECTION RESULTS; PROVIDING
FOR SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING
AN EFFECTIVE DATE.
WHEREAS, the City Is Charter Board has suggested amendments
to various provisions in the City Charter, and
WHEREAS, the City Council agrees with the Charter Board
that these provisions should be brought before the electorate for a
determination as to whether they should be included within the City
Charter.
NOW, THEREFORE, RE IT ORDAINED BY THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA:
SECTION 1: That the following questions are to be
presented separately to the electorate of the City of Tamarac at
its March 13, 1979, election and any of the following questions
which are approved by a majority of the electorate at said election
shall become an amendment to the City Charter:
uestion 1. Shall Section 4.03 of the Tamarac City
Charter be amended to provide that in the absence or disability of
the Mayor, the Vice -Mayor shall assume all powers and duties of
the Mayor?
If Question 1 is approved, Section 4.03 of the Tamarac City
Charter will have the following underscored words added and the
following struck through words deleted:
Section 4.03 - Mayor and Vice Mayor
The Mayor shall be a voting member of the Council and shall)
preside at its meetings; shall be recognized as head of City govern-
ment for all official functions, for service of process and by the
Governor for the purposes of military law; may be designated by the
Council to represent the City in all agreements with or certification
to other governmental entities; shall have only those administrative
duties required to carry out the responsibilities herein.
Each year, as soon as possible after the new councilmembers have
taken office, a majority of the councilmembers shall elect a Vice
Mayor. The Vice Mayor shall serve as acting Mayor in the absence
or disability of the Ma or with all p.owers and duties of the Ma or.
In the event of a Vice Mayoral vacancy, a majority of the Council
shall elect a new Vice Mayor.
Question 2. Shall Section 4.04 of the Tamarac City
Charter be amended to specify that expenses for Councilmembers
shall be computed on an election year basis?
If Question 2 is approved, the first two paragraphs of
Section 4.04 of the City Charter will have the following underscored
words added and the following struck through words deleted:
Section 4.04 - Compensation and Expenses of Mayor and Council
(a) The salary of the Mayor shall be $150.00 per month
and the salary of the councilmembers shall be $100.00 per month.
(b) The Mayor or -any and each member of the Council shall be
entitled to receive his actual and necessary expenses allowable
by law not to exceed $1,200.00 a per elected year incurred in the
performance of his duties as Mayor or member of the council upon
delivery of an itemized voucher to the City Manager.
Question 3. Shall Section 4.04 of the Tamarac City
Charter be amended to allow extraordinary expenses of Councilmembers
to be incurred to promote the welfare and benefit of the City with
the approval of a four -fifths (4/5) vote of Council-?
If Question 3 is approved, a new paragraph C of Section
4.04 of the City Charter will be added to read as follows:
(c) Extraordinary Expenses. In addition extraordinar
expenses incurred in promoting the welfare and benefit of the Cit
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shall be authorized by approval of a four -fifths 4/5) vote of
Council.
Question 4. Shall Section 6.03 of the Tamarac City
Charter pertaining to redistricting be amended to provide for the
tedistricting process to be undertaken in 1982 and every five years
thereafter with an uncompensated Redistricting Committee?
If Question 4 is approved, Section 6.03 would-be largely
revised and would read as follows:
A Redistricting Committee shall be appointed by Council as
an advisory board for possible redistricting during the year 1982 and
every five (5) years subsequent, consisting of,at least five.(5)
members to be appointed by Council. The Committee shall be appointed
by the Council by May first each year that redistricting is to be
considered. The Committee shall elect its own Chairman. The re-
distributing -process shall commence two (2) weeks after the Committee
for redistricting has been appointed. The report of the Committee
shall include a map and description of the districts recommended
which shall be delivered to the City Council by July 15.' Members
of the Redistricting Committee will serve without compensation.
Question 5. Shall Section 6.06 of the Tamarac City
Charter pertaining to candidates be amended to provide that the
qualifying period shall be as set forth by Florida Law?
If Question 5 is approved, Section 6.06 of the City Charter
will have the following underscored words added and the following
struck through words deleted:
Section 6.06 - Candidates.
Any elector resident of the City may be a candidate for the
office of Mayor and any elector resident of the City who resides
within the territorial boundaries of a district, may be a candidate.
for the office of councilmember for that district. Each candidate
shall -file a verified notice of candidacy in such form as may be
required by municipal law with the City Clerk, and pay such fees as
may be required by munici al law.
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IF
Tsesdap-i�-�aasa�y;-aer-�s�e�-t�e�-eee�-en-eke-9eee�d-Tses�ap-is
�e���a��-e€-the-ea�ez}dew-yeas-�e-whie�-the-elee;t�ee-#e-fie-be-field.
The qualifying period shall be as set forth by the Laws of Florida.
Question 6. Shall Section 6.08 of the Tamarac City
Charter pertaining to returns and certificates of elections be
amended by modifying the period of time for elections to be
certified and modifying the language pertaining to the handling of
absentee ballots?
If Question 6 is approved, Section 6.08 of the City Charter
will have the following underscored words added and the following
struck through words deleted:
Section 6.08 - Returns and Certificates of Elections.
All municipal elections shall be canvassed by the Broward
County $epelse-a€-Bleelee Canvassing Board whe which shall
certify the results to the City Clerk �lhge-€}tee-days-a€e-lkhe
eleetiee. Absentee ballots;-as-ee�l�ed-y-lam;-shall-be-eaeasee�
by-a-member-a€-1=�e-�le��Qle�k'-s-a€f}ee-�ege��e�-wl�h-a-�e�be�-e€
irhe-ly'e-eerea-eery}€led-sb�ie-aedl}erg-€lr�- will be canvassed
as provided by State law. The City Clerk shall certify the results
of the election to the Council within seee-��}-days-after-the
eleet-lee one working day after receipt of certification by the
Broward County Canvassing_Board.
Question 7. Shall Section 7.05 of the Tamarac City
Charter be amended to provide that the City's budget shall be
adopted in a manner consistent with the Florida Statutes?
If Question 7 is approved, Section 7.05 of the Tamarac City
Charter will have the following underscored words added and the
following struck through words deleted:
Section 7.G5 - Council Action on Budget.
The Council shall publish no later than fourteen (14) days
before the first public hearing, in one or more daily newspapers o
general circulation in the City, the general summary of the budget
and a notic-e stating the times and places where copies of the
message and budget are available for inspection by the public and
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as required by law, the times and places for public hearings on the
budget.
After such public hearings, the Council may adopt the budget
with or without amendment. In amending the budget, it may add, in-
crease, delete or decrease any programs or amounts, except expendi-
tures required by law or for debt service, or for estimated cash
deficit, provided that the authorized expenditures shall not exceed
the total of estimated income at all times.
The Council shall; --by Pesel"t-iex, adopt the budget by the
30th of September. in a manner consistent with General Law.
If it fails to adopt the budget by this date, the amounts
appropriated for current operation for the current fiscal year shall
be deemed adopted for the ensuing fiscal year on a month to month
basis, with all items in it prorated- accordingly, until such time
as the Council adopts a budget for the ensuing fiscal year. Adoption
of the 'budget shall constitute appropriations of the amounts
specified therein as expenditures from the funds indicated and shall
constitute a levy of the property tax therein proposed, if any.
SECTION 2: Each amendment approved by a majority of the
voters of the City of Tamarac at the March 13, 1979, election shall
be effective as an amendment to the City Charter upon certification
by the Broward County Canvassing Board.
SECTION 3: Should any section or provision of this ordinanc
or any portion hereof or any paragraph, sentence or word be declared
a Court of competent jurisdiction to be invalid, such decision shall
not affect the validity of the remainder hereof as a whole or any
part hereof other than the part declared to be invalid.
cvrrTTnw 4• This ordinance shall become effective
immediately upon its adoption, and the appropriate City officials
are authorized to take whatever actions are necessary to see that
these matters are placed on the March 13, 1979, ballot.
PASSED FIRST READING this_
PASSED SECOND -READING this.
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0 - 79- �f
ATTEST:
CITY CLERK
I HEREBY CERTIFY THAT I have
approved the form and correctness
of this ORDINANCE
CITY ATTORNEY
RECORD OF COUNCIL VOTE
MAYOR W. FALCK
VIM H. MASSARO __ ._
CIM H. WIENER
CIM I.M. DISRAELLY
Clk/ M. KEI CH
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