HomeMy WebLinkAboutCity of Tamarac Ordinance O-1992-0461
Temp. Ord. #1=
Section 8.02/8.03
CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-92- 4lo
AN ORDINANCE OF THE CITY COUNCIL OF THE
CITY OF TAMARAC, FLORIDA, PROPOSING AN
AMENDMENT TO ARTICLE VIII, SECTION 8.02,
OF THE CITY CHARTER, ENTITLED "DUTIES AND
POWERS", AND ARTICLE VIII, SECTION 8.03
OF THE CITY CHARTER, ENTITLED
"ASSISTANCE, BUDGET AND REPORTS";
CHANGING THE DUTIES AND RESPONSIBILITIES
OF THE CHARTER BOARD; PROVIDING FOR
BUDGET REVIEW OF CHARTER BOARD BY CITY
COUNCIL; PROVIDING THAT IF THE PROPOSED
AMENDMENT IS APPROVED BY A MAJORITY OF
THE VOTERS AT THE NOVEMBER 3, 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 City Council of the City of Tamarac has deemed it
to be in the best interest of the citizens and residents of the
City of Tamarac that Article VIII, Section 8.02, entitled "Duties
and powers", and Section 8.03, entitled "Assistance, budget and
reports", 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 November 3, 1992 election and if the
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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:
K
Temp. Ord. #1=
Section 8.02/8.03
PROPOSED AMENDMENT
DUTIES AND POWERS OF CHARTER BOARD LIMITED.
SHALL SECTIONS 8.02 AND 8.03 OF TAMARAC CHARTER BE
AMENDED TO LIMIT DUTIES AND POWERS OF CHARTER BOARD TO
RECOMMENDING CHARTER AMENDMENTS TO COUNCIL, AND TO
PROVIDING INFORMATION AND GUIDANCE TO REDISTRICTING
COMMITTEE. INVESTIGATION POWERS, PARTICIPATION IN
BUDGET PROCESS, RIGHT TO DO SPECIAL STUDIES AND
INVESTIGATIONS, RIGHT TO RETAIN COUNSEL, RIGHT TO FILE
COMPLAINTS OR TO SEEK RELIEF IN COURTS ARE ELIMINATED.
CHARTER BOARD EXPENDITURES AND BUDGET SHALL BE SUBJECT
TO APPROVAL OF COUNCIL.
YES NO
If the proposed amendment is approved, Article VIII, Section
8.02 entitled "Duties and powers" will read as indicated below:
Sec. S.02. Duties and powers.
{b}IA_ The board shall consider and prepas
Chart.e..r amendments to the GhartrerCity SCunzJ 1. T-he
ereadum as the next eity wide eleetien. In order to
be considered, the board shall conduct a public hearing
on the proposed Charter amendments; and such proposed
Charter amendments shall be submitted in final form.to
the city e-le-ritcouncil in sufficient time for their
review.
Temp. Ord. *1=
Section 8.02/8.03
4d+J1L The board shall participate in the
redistricting of the city by providing such information
and guidance as may be requested by the redistricting
committee.
Sec. 8.03. Assistance, budget and reports.
(a) All reports of the board's activities shall be
filed with the council and the manager for appropriate
action. In the event that satlef-aetery respen-ses er
eerreetive measures are net made within th�i:PtY (30)
days, the eharter beard shall have the right to p"rs"e
but net limited to, the effiees of the state's at-t-erney,
U.S. Atterney er Atterney General, and shall have the
OE fund5r
(b) The board shall be entitled to use the services of
the city attorney and his assistants, accountants,
secretaries, and other city staff. When any of the
following occurs:
(1) Such service is not available;
(2) The city attorney decides that a conflict of
interest exists; or
(3) Upon the affirmative vote of three (3) or more
members of the ehart__
t-The eharter beer City CgUnLIJ may appoint an
attorney (counsel to the charter board) and such
assistant attorneys as may be necessary, who shall
serve at the pleasure of, and at such compensation
as may be determined by, the ehart__ bear'r_ ty
council
(c) The board, in cooperation with the city manager,
shall develop its own operating budget; all expenses
charged against the approved budget shall require the
approval of the
(d) The board shall be entitled to the use of the city
hall facilities for its meetings and shall determine its
own rules and order of business.
CODING: Words inSIFUek 111Fea0 type are deletions from existing Charter; Words in
underscored type are additions to the Charter.
SECTION 2� Inclusion iato 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 and the
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Temp. Ord. #1fi22
Section 8.02/8.03
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.
All sections or parts of sections)
of the Code of Ordinances, all ordinances or parts of ordinances
and all resolutions or parts of resolutions in conflict herewith,
be and the same, are hereby repealed to the extent of such
conflicts.
+everahi�y. Should any section or provision
of this ordinance, or any portion thereof, 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 part hereof, other than the part
declared to be invalid.
,S;CTION 5 This Ordinance shall be in
full force and take effect immediately upon its passage and final
adoption.
PASSED, FIRST READING this Ic-�L�*`'day of , 1992.
PASSED, SECOND READING thisc;L5 (day of 1992.
;A
H.L. SENDER
MAYOR
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I
ha approved this
o� Z�ANCE as to fore
TCHELL /S . KRAFT
CITY ATTORNEY
(Redist8.02/8.03.ms
RECORD OF COUNCIL VOTE
MAYOR 13ENDER
DISTRICT 1: ./M }SAT
DISTRICT 2: VII'.!1 j5QHUMA N
DISTRICT 3: Q R
DISTRICT 4: C/M ABRAMOWITZ