HomeMy WebLinkAboutCity of Tamarac Ordinance O-1999-010Temp. Ord. #1840
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Rev. #1 3/11/99
Rev. #2 3/23/99
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-99- %0
AN ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, AMENDING
ARTICLE VI, SECTION 6.03 OF THE TAMARAC
CHARTER ENTITLED "REDISTRICTING", BY
CHANGING THE BASIS FOR REDISTRICTING
FROM NUMBER OF REGISTERED VOTERS TO
POPULATION; PROVIDING THAT IF THE
AMENDMENT IS APPROVED BY A MAJORITY OF
THE VOTERS AT THE MARCH 14, 2000 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 CONFLICTS;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, the courts have rarely accepted registered voters as a valid
criteria for redistricting voter districts; and
WHEREAS, the United States Supreme Court has stated in Avery v.
Midland County Texas, 390 U.S. 474 (1968) and Reynolds v. Simms, 377 U.S.
533 (1964), that the United States Constitution requires that units of general
governmental powers over an entire geographic area may not be apportioned
among single member districts of substantially unequal population; and
WHEREAS, pursuant to the City Commission's expression of interest at
the commission workshop held on January 25, 1999, the apportionment and
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redistricting of voter districts in the City of Tamarac should be based upon the
population of each district and not the number of registered voters per district;
and
WHEREAS, the City Commission 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 VI, Section 6.03 of the Tamarac Charter, entitled "Redistricting", 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 COMMISSION OF
THE CITY OF TAMARAC, FLORIDA:
SECTION 1: The following referendum question amending the City
Charter shall be presented to the electorate of the City of Tamarac at the March
14, 2000 election, and if the following 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:
REDISTRICTING TO BE BASED UPON CURRENT POPULATION
SHOULD SECTION 6.03 OF THE TAMARAC CHARTER BE
AMENDED SO THAT REDISTRICTING OF VOTING DISTRICTS
WILL BE BASED ON THE POPULATION OF EACH DISTRICT
AND NOT THE NUMBER OF REGISTERED VOTERS IN EACH
DISTRICT?
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YES NO
If the proposed amendment is approved, Article VI, Section 6.03,
entitled "Redistricting" will read as indicated below:
Sec. 6.03. Redistricting.
Each year, within thirty (30) days after the day of the municipal
election, the city clerk shall ascertain the current RUFRI98F 9f
population of each of the four (4) districts of the
city as of the day of the election (from the most recent population
tabulation by the State of Florida „at the time of the election reward
G,,, Rty SupewirseF of PeAti„ns) and determine in a written report to
the city commission and the charter board if any of the districts
contain less than twenty-two and one-half (22.50) percent or more
than twenty-seven and one-half (27.50) percent of the total
Fegir,teFe l .more in population of the city. If such is the case, then
within forty-five (45) days after the election day a redistricting
committee shall be appointed as a board for redistricting. The
redistricting committee shall consist of five (5) public members who
are Broward County registered voters and residents in the city.
Four (4) public members shall be appointed by city commission,
(one (1) member from each district). One (1) public member shall
be appointed by the four (4) previously appointed public members.
The committee shall elect its own chairman.
The redistricting process shall commence within two (2) weeks after
the committee for redistricting has been appointed. The redistricting
committee shall establish four (4) districts, each containing as close
to one -quarter of the total re ' population as possible
in a contiguous region without dividing any precinct, residential
rental or condominium development, or residential section. At least
three (3) affirmative votes of the committee shall be needed to
adopt a report.
The report of the committee shall be advisory to the city
commission. It shall include a map and description of the districts
determined and shall be delivered to a joint meeting of the city
commission and the charter board within one hundred eighty (180)
days after the municipal election day. A copy of the redistricting
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report in effect shall be kept on file with the city clerk for inspection
or purchase by the public. Members of the redistricting committee
shall serve without compensation.
The redistricting committee shall be discharged at the last regular
city commission meeting prior to the next municipal election day.
CODING: Words in 64W& thFOU914 type are deletions from existing law;
Words in underscored type are additions.
SECTION 2: Codification: It is the intention of the City Commission
and it is hereby ordained that the provisions of this Ordinance shall become and
be made a part of the Code of Ordinances of the City of Tamarac, Florida, and
that the Sections of this Ordinance may be renumbered or relettered and the
word "Ordinance" may be changed to "Section", "Article" or such other word or
phrase in order to accomplish such intention.
SECTION 3: Conflicts: All Ordinances or parts of Ofdinallces in
conflict herewith are hereby repealed to the extent of such conflict.
SECTION 4: Severability: If any provision of this Ordinance or the
application thereof to any person or circumstance is held invalid, such invalidity
shall not affect other provisions or applications of this Ordinance that can be
given affect without the invalid provision or application, and to this end the
provisions of this Ordinance are declared to be severable.
SECTION 5: Effective date: This Ordinance shall become
effective immediately upon its passage and adoption.
1
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PASSED, FIRST READING this of of A� 1999.
PASSED, SECOND READING thisa� day of 1999.
E SCHREIBER, MAYO
ATTEST: O
CAROL G D
CITY CLE
I HF��Y CERTIFY that
Iv pproved this
MITCHEL4S
CITY ATTO
RECORD OF COMMISSION
MAYOR SCHREIBE
DIST 1: GOMM. P'U
DIST 2; v/M �nr tit
DIST 3: Comm
DIST 4; CMDU u