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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1992-0041 3 6 7 9 16 t7 i 29 Temp. Ord. #1585 Revised 1 5 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-92-q AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, PROPOSING AN AMENDMENT TO ARTICLE VII, SECTION 7.13 "REQUIREMENTS FOR REFEREN- DUM", PROVIDING THAT THIS PROVISION SHALL NOT BE APPLICABLE TO EXPENDITURES INVOLVING THE WATER'AND SEWER UTILITIES OF THE CITY OR FEDERAL OR STATE MANDATED EXPENDITURES; PROVIDING THAT IF THE PROPOSED AMENDMENT IS APPROVED BY A MAJORITY OF THE VOTES AT THE MARCH 10, 1992 ELECTION, THEN SUCH AMENDMENT SHALL BECOME A PART OF THE CITY CHARTER UPON CERTIFICATION AND ACCEPTANCE OF THE ELECTION RESULTS; PROVIDING FOR CODIFICATION; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. _ WHEREAS, the Charter Board and the City Council of the City of Tamarac have agreed that it would be in the best interest of the citizens of the City of Tamarac that Article VII, Section 7.13, "Requirements for referendum" be amended, and WHEREAS, pursuant to Chapter 166, Florida Statutes, a public hearing has been held on this matter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1 : The following proposed referendum question amending the City Charter shall be presented to the electorate of the City of Tamarac at the March 10, 1992 election and if the following proposed referendum question is approved by a majority of the electorate at said election, the amendment proposed shall become a part of the City Charter upon Certification and acceptance of the election results: Temp. Ord. #_1585 Page 1 1 3 5 B 7 5 b 7 e 9 D 3 2 3' 4 5 6 PROPOSED AMENDMENT 92-1 CAPITAL EXPENDITURES INVOLVING THE WATER AND SEWER UTILITIES OR MANDATED BY LAW EXCLUDED FROM REFERENDUM Shall Section 7.13 of the Tamarac Charter be amended to provide that capital purchase or construction for the water and sewer utilities or which are mandated by federal or state law will be exempt from the referendum requirements of this Section. Yes If the proposed amendment is approved, Article VII, Section 7.13 "Requirements for referendum" will read as outlined below. (Additions to text are indicated by underscore; deletions to the text are eteaek-thEaugk .) Section 7.13. Requirements for referendum In addition to complying with public bidding requirements, no capital facility or improvements or contract for acquisitions or construction of such facility or improvements involving a cost to the city in excess of two and one-half (2 1/2) percent of the then current budget, or requiring the borrowing of funds by the City, or the issuance of bonds to fund such capital facility or improvements shall be authorized or initiated until such improvements and the borrowing of funds or the issuance of bonds therefore have been approved by a majority of the qualified electors voting on such issue at a special or general election. If the capital faci- lity or improvement or acquisition or construction is eligible for grant funding, then the two and one-half (2 1/2) percent limitation of this section shall only apply to the funds paid by the city (matching funds), not the entire project cost. The referendum requirement of this section shall not apply to capital ro ects within t e water and sewer utility systems of the City. Nor shall 7 ap to expenditures mandated apply � _ y federal or state governments. SECTION 2 : Inclusion into Code. It is the intention of the City Council that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances and that the sections of this Ordinance may be renumbered or relettered Temp. Ord. #1585 Page 2` 3 4 # 6 7 11 2' 3 4 �v 6 7 B i 04 !6 !7 101 and the words "Ordinance" may be changed to "Chapter", "Section", "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed. SECTION 3 : Repealer. All sections or parts of sections of the Code of Ordinances, all ordinances or parts of ordin- ances and all resolutions or parts of resolutions in conflict herewith, be and the same, are hereby repealed to the extent of such conflicts. SECTION 4 : Severability. Should any section or provi- sion of this ordinance, or any portion thereof, or any para- graph, 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 part hereof, other than the part declared to be invalid. SECTION 5 : Effective date. This Ordinance shall be in full force and take effect immediately upon its passage and final adoption. PASSED FIRST READING this �11C.day of 1991. PASSED SECOND READING this I(h day of , 1992. ITZ MAYOR ATTEST: ' CAROL A. EVANS CITY CLERK RECORD OF COUNCIL VOTE MAYOR A9FIA:',10V1Ji i7' I HEREBY CERTIFY that I have DISTRICT 1: C/M! KAT approved this 0 ANCE as to f DISTRiCT Z: C' 2 SQHUV­ NIN DISTRICT 3: QW G4.ASSER RUF DISTRICT 4: CITY ATT RNEY r2I3191 /1' Tem . Ord. #1585 Page