HomeMy WebLinkAboutCity of Tamarac Ordinance O-1982-059Introduced by: C/M Disraelly Temp #1012
t Revised-7722/82
CITY OF TAMARAC, FLORIDA
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ORDINANCE NO. 0-82-59
AN ORDINANCE PLACING ON THE BALLOT OF MARCH 8, 1983
PROPOSED AMENDMENTS TO THE CHARTER OF THE CITY OF
TAMARAC AMENDING SECTION 6.03 REGARDING THE FUNCTION
AND SCHEDULE OF THE REDISTRICTING COMMITTEE, AMENDING
SECTION 8.01 REGARDING THE FILLING OF VACANCIES ON THE
CHARTER BOARD, AMENDING SECTION 8.02 ALTERING THE
DUTIES AND POWERS OF THE CHARTER BOARD, AMENDING
SECTION 11.01 PROVIDING FOR THE POSSIBILITY OF OCCA-
SIONAL OUTSIDE WORK BY THE FULL TIME CITY ATTORNEY,
PROVIDING THAT IF ANY OF THE QUESTIONS ARE APPROVED
BY A MAJORITY OF THE VOTERS AT THE MARCH 8, 1983 ELEC-
TION THEN SUCH QUESTIONS SHALL BECOME AMENDMENTS TO
THE CHARTER OF THE CITY OF TAMARAC UPON CERTIFICATION
AND ACCEPTANCE OF THE ELECTION RESULTS; PROVIDING FOR
SEVERABILITY OF INVALID PROVISIONS; AND PROVIDING AN
EFFECTIVE DATE. _
WHEREAS, the City's Charter Board and Council have suggested
amendments to various provisions in the City Charter; and .
WHEREAS, hearings have been conducted concerning Charter amend-
ments by both the City Council and by the Charter Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the following questions are to be presented to
the electorate of the City of Tamarac at its March 8, 1983, election
and if the following questions are approved by a majority of the
electorate at said election they shall become amendments to the City
Charter:
QUESTION 1: Shall Section 6.03 of the Charter be amended to
provide for the appointment of the Redistricting Committee during
the month of April, instead of any time before May 1, each year
redistricting is to be considered, and that the Redistricting
Committee shall commence its duties within two weeks after its
appointment?
QUESTION 2: Shall. Section 6.03 of the Charter be amended to
provide that the Redistricting Committee's report, once furnished
to Council,may be returned to the Committee by Council for fur-
ther consideration, and shall it further be amended that the
Redistricting Committee shall not be discharged by Council until
final action is taken by Council on the redistricting recommenda-
tions of the Committee? (Currently, there is no discharge date.)
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If one or both of these questions are approved then the appropriatE
words that are struck through will indicate deletions and the under-
scored words will indicate new language.
Section 6.03 REDISTRICTING
A redistricting committee shall be appointed as a board for pos-
sible redistricting during 1982 and every five (5) years subsequent,
consisting of at Least five (5) public members, one (1) member of the
City Council and one (1) member of the Charter Board. Two (2) public
members shall be appointed by the City Council. Two (2) public mem-
bers shall be appointed by the Charter Board. One (1) public member
shall be appointed by the four (4) previously appointed public members
The one (1) City Council member shall be appointed by the City Council
The one (1) Charter Board member shall be appointed by the Charter
Board. The committee shall be appointed lip-Map-i4vrst during the month
of April each year that redistricting is to be considered. The com-
mittee shall elect its own chairman from among the public members.
The redistricting process shall commence within 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 and shall be delivered to the City Council by July fif-
teenth of the year that redistricting is being considered. The re-
districtin re ort shall not be binding on the City Council. The
recommendations contained in the report may be accepted in full or in
Dart by the City Council. If the recommendations are not accepted in
full, the City Council may return the report to the redistrictin com
mittee for further consideration. The redistricting committee shall
be discharged by the City Council upon the City Council's adoption or
rejection of a final redistricting plan. Members of the Redistrictin
Committee shall serve without compensation.
SECTION 2: That the following question is to be presented to
the electorate of the City of Tamarac at its March 8, 1983, election
and if the following question is approved by a majority of the elec-
torate at said election it shall become an amendment to the City
Charter:
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QUESTION 3: Shall Section 8.01 of the Charter be amended
to provide for a method of filling vacancies on the Charter Board
when vacancies occur at a time other than the end of a regular
term?
If this question is approved the words that are struck through
will indicate the deletions and the underscored words will indicate
the new language.
Section 8.01 TERMS AND QUALIFICATIONS
The Charter Board shall consist of five (5) members. Four (4)
members shall reside in districts, and one (1) member shall run at
large. Charter Board members from odd -numbered districts and the
at -large member shall be elected in each odd -numbered year, and
Charter Board members from even -numbered districts shall be elected
in each even -numbered year.
Each year, as soon as possible after new members have taken office
the board shall elect a chairman and a vice-chairman.
In the event of e-vaeartey one or two vacancies, the board shall
e+eet appoint replacements. In the event of three vacancies the two
remaining board members ahll appoint one replacement. The three
members shall then appoint the two additional replacements. In the
event of four or five vacancies, the City Council shall declare a
suecial or general election for the electors of the City to elect
replacement members to the Charter Board. Whether appointed or
elected, replacement members shall be from the district where the
vacancy exists; however, if the at -large position is vacant, the re-
placement may be any elector resident of the City. A Charter Board
member appointed or elected to fill a vacancy shall serve for the
remainder of the expiring term or until the next general election,
which ever comes first .
Any elector resident of the City may be a candidate for and if
elected may serve on the Charter Board only as long as he is an
elector of the City.
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At the 1983 election, candidates from districts 1 and 3 and the
at -large member shall be elected. At the 1984 election, candidates
from districts 2 and 4 shall be elected. Charter Board members
elected in 1981 and 1982 shall be entitled to serve for the balance
of their terms.
SECTION 3: That the following question is to be presented to
the electorate of the City of Tamarac at its March 8, 1983, election
and if the following question is approved by a majority of the
electorate at said election it shall become an amendment to the City
Charter:
QUESTION 4: Shall Section 8.02(a) of the Charter be
be amended to provide that the Charter Board shall no longer have
the authority to investigate violations of the law?
If this question is approved the words that are struck through
will indicate the deletions and the underscored words will indicate
the new language.
Section 6.02(a) DUTIES AND POWERS
(a) �Pke-bawd-stall-hate-the-pe6ae-te-iestlgae-speeitie
�ielatiens-ie�el�iee3-x�al�easa�ee-seed-as-t�aed;-eliske�est�;-illegal
pe�se�al-�air�-at-pt�l�lie-ex�ease ; -�� sa�p�ep�iatiee-et-eity-€t�r�ds ;
�ielatieee-et-ees.f }iet-et-is.te�est-e�'-ether-aets-et-�t�blie-ir�tlelelltp -
Th.e-beard-shall-kelel-ph151ie-keari:nIs-anel-FRap,-tipen-the -aelviee-of-the
4:-eity-attarney;-sebpoeaa-w4:t.fesae9-amd-take-testiaftenp---The-results
e€-seek-ir��estie3atie�s-shall-be-€}feel-as-g�e�}eled-iz�-seetiee-8-93{a}.
SECTION 4: That the following question is to be presented to
the electorate of the City of Tamarac at its March 8, 1983, election
and if the following question is approved by a majority of the elec-
torate at said election it shall become an amendment to the City
Charter:
QUESTION 5: Shall Section 8.02(c) of the Charter be
amended to provide that the Charter Board shall "review" the
budget at the "workshop meetings and public hearings" instead
of participating in the "preparation" of the budget?
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If this question is approved the words that are struck through
will indicate the deletions and the underscored words will indicate
the new language.
Section 8.02(c) DUTIES AND POWERS
(c) The board may participate with the manager and assigned
officials in preparation and review of the budget at workshop meetings
and public hearings.
SECTION 5: That the following question is to be presented to
the electorate of the City of Tamarac at its March 8, 1983, election
and if the following question is approved by a majority of the elec-
torate at said election it shall become an amendment to the City
Charter:
QUESTION 6: Shall Section 8.02(d) of the Charter be
amended to delete the provision that the Charter Board may par-
ticipate, while sitting as a separate Board, in the redistricting
of the City if requested by the Redistricting Committee?
If this question is approved the words that are struck through
will indicate the deletions and the underscored words will indicate
the new language.
Section 8.02(d) DUTIES AND POWERS
(d) The -be arel-may-participate-ire- the- red i5triebiag-ef-the -ei+--y
byifi€ermatien- and -g ielanee--ae-stay-be-reefttesteel-by-tke
reelietriebiag-ean iBe-ien.
SECTION 6: That the following question is to be presented to
the electorate of the City of Tamarac at its March 8, 1983, election
and if the following question is approved by a majority of the elec-
torate at said election it shall become an amendment to the City
Charter:
QUESTION 7: Shall Section 11.01 of the Charter be amended)
to provide that the full time City Attorney may represent a
client other than the City with the waiver of Council, providing
that it does not conflict with his representation of the City?
If this question is approved the words that are struck through
will indicate the deletions and the underscored words will indicate
the new language.
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Section 11.01 (OFFICE CREATED; APPOINTMENT; POWERS AND DUTIES)
There shall be an office of City Attorney.
The Council shall appoint a full time City Attorney and such
assistant City Attorneys, as may be necessary, who shall serve at the
pleasure of, and at such compensation as shall be determined by the
Council. They shall legally represent the municipality, its agencies,
departments, officials and employees and boards in all matters re-
lating to official duties; and to that end they shall perform all such
professional duties relating to legal representation as may be re-
quired by this Charter or by the Council. The said attorneys shall
be duly licensed to practice law in the State of Florida. They shall
not legally represent nor serve any interest or client ether -than
without the waiver of Council and at no time shall he serve any
interest or client that is a conflict of interest with the representa
tion of the City. The City may retain special consulting or temporar
City Attorneys who may concurrently have other clients.
SECTION 7: Should any section or provision of this ordinance
or any portion hereof or any paragraph, sentence or word be declared
by 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.
SECTION 8: 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 8, 1983 ballot.
PASSED FIRST READING this day of ,1982.
PASSED SECOND READING this�ay of
ATTEST:
CITY CLERK/,f,4eAa,
I HEREBY C
approved the fo
of thi-a- ORDINAN
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IN
FIFY that I have
and correctness
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MAYOR:
DISTRICT
DISTRICT'
DISTRICT
DISTRICT
RECORD OF COUktL V "f