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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2000-021Temp. Ord. # 1905 07/05/2000 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2000-02) AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING ARTICLE VII OF THE TAMARAC CHARTER BY DELETING SECTION 7.13, ENTITLED "REQUIREMENTS FOR REFERENDUM" AND AMENDING SECTION 7.16, ENTITLED "BONDS AND MUNICIPAL BORROWING" SO THAT TAMARAC IS ONLY REQUIRED TO FOLLOW THOSE REFERENDUM PROVISIONS REQUIRED BY LAW OR THE FLORIDA CONSTITUTION THEREBY REPEALING THE CURRENT CHARTER REQUIREMENTS OF A REFERENDUM FOR CERTAIN CAPITAL FACILITIES, IMPROVEMENTS AND CONTRACTS, AND FOR THE ISSUANCE OF BONDS OR FOR BORROWING FUNDS; PROVIDING THAT IF THE AMENDMENT IS APPROVED BY A MAJORITY OF THE VOTERS AT THE NOVEMBER 7, 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 Constitution and Statutes of the State of Florida require a referendum prior to the issuance of certain bonds or certificates of indebtedness by a municipality; and WHEREAS, the City of Tamarac is obligated to follow the referendum requirements as set forth in the Constitution and Statutes of the State of Florida; 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 VII of the Tamarac Charter be amended by deleting Section 7.13, entitled "Requirements for referendum", and amending Section 7.16, entitled "Bonds and municipal borrowing" to Temp. Ord. # 1905 07/05/2000 Page 2 provide that the City of Tamarac is only required to follow those referendum provisions required by law or the Florida Constitution thereby repealing the current Charter requirements of a referendum for certain capital facilities, improvements and contracts, and for the issuance of bonds or for borrowing funds; 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 Tamarac Charter shall be presented to the electorate of the City of Tamarac at the November 7, 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: PROPOSED AMENDMENT ELIMINATION OF ADDITIONAL REFERENDUM REQUIREMENTS FROM THE TAMARAC CHARTER AND REQUIRING COMPLIANCE WITH STATE LAW SHOULD THE REFERENDUM PROVISIONS OF THE TAMARAC CHARTER BE REVISED SO THAT TAMARAC IS ONLY REQUIRED TO FOLLOW THOSE REFERENDUM PROVISIONS REQUIRED BY LAW OR THE FLORIDA CONSTITUTION THEREBY REPEALING THE CURRENT CHARTER REQUIREMENTS OF A REFERENDUM FOR CERTAIN CAPITAL FACILITIES, IMPROVEMENTS AND CONTRACTS, AND FOR THE ISSUANCE OF BONDS OR FOR BORROWING FUNDS? YES NO Temp. Ord. # 1905 07/05/2000 Page 3 If the proposed amendment is approved, Article VII, Section 7.13 entitled "Requirements for referendum" and Section 7.16 entitled "Bonds and municipal borrowing" will read as indicated below: PRIPIM IN. Sec. 7.16. Bonds and municipal borrowing. The city shall have full power and authority to issue municipal bonds or to barrow funds far municipal purposes to the extent authorized by and subject to the limitations provided in the Constitution of the State of Florida, the Municipal Home Rule Law, other statutes and this Charter] provided f- Aher that bonds _int CODING: Words in s#n*Gk through 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 1 LJ 1 Temp. Ord. # 1905 07/05/2000 Page 4 "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 3: Conflicts: All Ordinances or parts of Ordinances 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. 1 SECTION 5: Effective date immediately upon its passage and adoption. PASSED, FIRST READING this wA day of �d PASSED, SECOND READING this �3 day of ATTEST: MARION SWItNSON, CIVIC CITY CLERK _ I HEREBY CERTIFY t I hav f approvedpis y, MI ELL S. K CITY ATTORNE 1 Temp. Ord. # 1905 07/05/2000 Page 5 This Ordinance shall become effective 94AJ 2000. 2000. �•SCHREIBER, MAYOR warm r