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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2006-011Temp. Ord. #2117 Rev. 1 5/25/2006 Page 1 1 ORDINANCE NO.0-2006- 2 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF 4 TAMARAC, FLORIDA SUBMITTING TO REFERENDUM AN 5 AMENDMENT TO ARTICLE VI OF THE CITY'S CHARTER, 6 ENTITLED "QUALIFICATIONS AND ELECTIONS," SECTION 6.04, 7 ENTITLED "ELECTIONS," TO CHANGE THE ELECTION DATE 8 IN THE CITY TO OCCUR IN NOVEMBER OF EVEN NUMBERED 9 YEARS, PURSUANT TO THE AUTHORITY SET FORTH IN THE 10 SPECIAL ACTS GOVERNING MUNICIPAL ELECTIONS IN 11 BROWARD COUNTY; AMENDING ARTICLE IV OF THE CITY 12 CHARTER, ENTITLED "LEGISLATIVE," TO AMEND SECTION 13 4.02 OF THE CITY CHARTER, ENTITLED "CITY COMMISSION; 14 ELECTION, TERMS AND QUALIFICATIONS" TO CHANGE THE 15 TERMS FOR THE MAYOR AND COMMISSIONERS IN 16 COORDINATION WITH THE CHANGE IN ELECTION DATE FOR 17 CITY ELECTIONS, TO PROVIDE FOR A FOUR (4) YEAR TERM OF 18 OFFICE FOR THE MAYOR AND CITY COMMISSIONERS, 19 BEGINNING NOVEMBER, 2008 FOR DISTRICTS 1 AND 3, AND 20 NOVEMBER, 2014 FOR THE MAYOR AND DISTRICTS 2 AND 4; 21 PROVIDING FOR ADJUSTMENTS IN THE CURRENT TERMS FOR 22 THE COMMISSIONERS IN DISTRICTS 1 AND 3 TO EXTEND. 23 UNTIL THE NOVEMBER, 2008 ELECTION AND THE CURRENT 24 TERMS FOR THE MAYOR AND COMMISSIONERS IN DISTRICTS 25 2 AND 4 UNTIL NOVEMBER, 2009; PROVIDING THAT THE 26 TERMS FOR THE MAYOR AND DISTRICTS 2 AND 4 27 COMMENCING IN NOVEMBER, 2009, SHALL EXTEND UNTIL 28 NOVEMBER, 2014; AMENDING ARTICLE IV OF THE CITY 29 CHARTER, ENTITLED "LEGISLATIVE," TO AMEND SECTION 30 4.03 OF THE CITY CHARTER, ENTITLED "MAYOR AND VICE- 31 MAYOR" TO CHANGE THE DATE FOR THE CITY'S VICE- 32 MAYOR BE ELECTED ANNUALLY BY THE CITY COMMISSION 33 TO BE NO EARLIER THAN THE THIRD TUESDAY OF 34 NOVEMBER; PROVIDING FOR A NOTICE OF AN 35 ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE 36 PUBLISHED IN ACCORDANCE WITH THE CODE OF 37 ORDINANCES AND THE CHARTER OF THE CITY OF TAMARAC, 38 FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION 39 CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED, 40 SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE 41 CITY OF TAMARAC, FLORIDA, ON THE NOVEMBER, 2006, 42 GENERAL ELECTION BALLOT AND SHALL BECOME CODING: Words in Dough type are deletions from existing law. Words in underscored type are additions SSG:MDC: Rev. 05-25-06 U:\Legislation\Draft Legislation Received\June 14\Election Referendum (6-06).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Temp. Ord. #2117 Rev. 1 5/25/2006 Page 2 EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Chapter 166, Florida Statutes, as amended, provides for a methodology of Charter amendments supplementary to and not in conflict with the Charter of the City of Tamarac, Florida; and WHEREAS, Chapter 166, Florida Statutes, as amended, provides that such an amendment may be submitted to a referendum vote by the City Commission of the City of Tamarac, Florida, in ordinance format; and WHEREAS, by virtue of special acts governing municipal elections in Broward County (Chapter 75-350, Laws of Florida, as modified by Chapters 76-336, 77-507, 81- 349, Laws of Florida (collectively, the "Special Act")), the City of Tamarac and most municipalities in Broward County are required to hold general elections for the elective offices of the municipality on the second Tuesday in March, and the current Section 6.04 of the City Charter was adopted with this state law in mind; and WHEREAS, the present City Charter provides that there shall be a general election in the City on the second Tuesday of March of the calendar year, unless changed by law; and WHEREAS, the Special Act was amended by Chapter 2004-443, Laws of Florida, to allow municipalities in Broward County to move their elections to November, in even numbered years; and, WHEREAS, the City Commission of the City of Tamarac desires that its Charter be amended to change the date for the City's elections to be in November of even numbered years, on the date authorized by the laws governing municipal elections in Broward County; and WHEREAS, in order to implement the change in election dates, and, to maintain staggered terms for the City's elected Mayor and Commissioners, it is necessary to extend the current terms for District 1 and 3 Commissioners to November, 2008, and the current terms for the Mayor, and District 2 and 4 Commissioners to November, 2009, and provide that the terms for Mayor and District 2 and 4 Commissioners elected in November, 2009 will extend to November, 2014; and that the terms of office be four (4) years, commencing with the November, 2008 election for District 1 and 3 Commissioners, and the November, 2014 election for Mayor and District 2 and 4 Commissioners; and, CODING: Words in swdek threeo type are deletions from existing law. Words in underscored type are additions SSG:MDC: Rev. 05-25-06 U:\Legislation\Draft Legislation Received\June 14\Election Referendum (6-06).doc Temp. Ord. #2117 Rev. 1 5/25/2006 Page 3 1 WHEREAS, the extension of the terms of the Mayor and District 2 and 4 2 Commissioners to November, 2009, will promote the staggering of the terms by separating 3 the election for District 1 and 3 Commissioners in November, 2008, from the election of 4 the Mayor and District 2 and 4 Commissioners in 2009, and will provide for the minimum 5 extended term for the Mayor and District 2 and 4 Commission seats elected in 2009 6 necessary to maintain staggering and elections in even numbered years; and, 7 8 WHEREAS, given the change in election dates, it is necessary to amend the City's 9 Charter provisions relating to the election of the Vice Mayor by the City Commission to 10 occur no earlier than the third Tuesday of November; and, 11 12 WHEREAS, notwithstanding the change in election dates and lengths of terms, this 13 ordinance and the Charter Referendum, if approved by the City's electorate, will not affect 14 any changes to the term limitations for Mayor and Commissioners set forth in Article IV, 15 Section 4.02 of the City's Charter; and, 16 17 WHEREAS, this City Commission has publicly reviewed, considered, and directed 18 that this Ordinance be prepared and that the appropriate Charter Referendum question be 19 included herein and submitted to the qualified electors of the City of Tamarac, Florida, at 20 the November 7, 2006, General Election. 21 22 NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of 23 Tamarac, Florida, as follows: 24 25 SECTION 1. The foregoing "Whereas" are hereby ratified and confirmed as being 26 true and correct and are hereby made a specific part of this Ordinance upon adoption 27 hereof. 28 29 SECTION 2. Article VI, of the City Charter, entitled, "QUALIFICATIONS AND 30 ELECTIONS" and in particular Section 6.04, thereof entitled, "Elections" shall be 31 amended to read as follows: 32 33 Section 6.04. Elections. 34 35 There shall be no primary elections for municipal offices; 36 the election for all municipal offices shall be held in November of 37 even numbered years, on the date authorized by the laws governing 38 municipal elections in Broward County, unless changed by law. 39 The candidate or candidates, depending upon the number to be 40 elected, receiving the highest number of votes in the election shall 41 be declared elected. In the event of a tie vote between two (2) or 42 more candidates, the city shall arrange with the Broward County CODING: Words in dough type are deletions from existing law. Words in underscored type are additions SSG:MDC: Rev. 05-25-06 U:\Legislation\Draft Legislation Received\June 14\Election Referendum (6-06).doe 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 42 Temp. Ord. #2117 Rev. 1 5/25/2006 Page 4 Supervisor of Elections for a special runoff election to be held within thirty (30) days after the special or general election. Duly elected municipal officers shall take office within ten (10) days after election with the specific day to be decided by ordinance. Each commissioner shall be elected from one of the four (4) districts within the city. Qualified electors residing within each district shall vote for not more than one (1) candidate for the offices of city commissioner from that district and shall not be entitled to vote for candidates for city commission from any other district. Candidates for the office of mayor shall run citywide. SECTION 3. Article IV, of the City Charter, entitled, "LEGISLATIVE" and in particular Section 4.02, thereof entitled, "City commission; election, terms and qualifications," shall be amended to read as follows: Section 4.02 City commission; election, terms and qualifications. The mayor and commissioners shall be elected for a term of four (4) years in the manner provided for and in accordance with the qualifications set forth in article VI. Commissioners from odd - numbered districts shall be elected at the municipal election held on November 4, 2008 and every four (4) years thereafter, and commissioners from even -numbered districts and the mayor shall be elected at the municipal election held on November 4, 2014 and every four (4) years thereafter. Commissioners from odd - numbered districts serving as of March 11, 2008 shall have their terms extended to November 4, 2008. The mayor and commissioners from even -numbered districts serving as of March 10, 2009, shall have their terms extended to November 10, 2009, at which date the City shall conduct a special election for the election of the mayor and commissioners from even -numbered districts, and the terms for mayor and commissioners from even -numbered districts elected November 10, 2009 shall have a term running through November 4 2014. Beginning with the 1985 municipal election and effective for all elections thereafter, commissioners (including the mayor) who are elected to office shall not succeed themselves for more than two (2) terms, without an intervening term, regardless of the district or seat they might hold; except that if otherwise qualified, the mayor or ex -mayor may run for CODING: Words in stmek througk type are deletions from existing law. Words in underscored type are additions SSG:MDC: Rev. 05-25-06 UALegislation0raft Legislation ReceivedUune 14\Election Referendum (6-06).doc Temp. Ord. #2117 Rev. 1 5/25/2006 Page 5 1 commission and a commissioner or ex -commissioner may run for 2 mayor. 3 4 5 SECTION 4. Article IV, of the City Charter, entitled, "LEGISLATIVE" 6 and in particular Section 4.03, thereof entitled, "Mayor and Vice Mayor," 7 shall be amended to read as follows: 8 9 The Mayor shall be a voting member of the commission and shall 10 preside at its meetings; shall be recognized as head of city government for all 11 official functions, for service of process and by the governor for the purposes 12 of military law; may be designated by the commission to represent the city in 13 all agreements with or certifications to other governmental entities; shall 14 have only those administrative duties required to carry out the 15 responsibilities herein. 16 17 In March, 2007 no earlier than the third Tuesday, a majority of the 18 commissioners shall elect a vice -mayor, who shall serve until November, 19 2008. Beginning November, 2008, and each November thereafter, no earlier 20 than the third Tuesday, a majority of the commissioners shall elect a vice- 21 mayor. The vice -mayor shall serve as acting mayor in the absence or 22 disability of the mayor with all powers and duties of the mayor. The vice 23 mayor shall serve a term of one (1) year and shall not serve successive one 24 (1) year terms. In the event of a vice -mayoral vacancy, a majority of the 25 commission shall elect a new vice -mayor who shall serve the remainder of 26 the unexpired term. 27 28 SECTION 5. The Ballot Title shall be as follows: 29 30 CHANGING DATE OF COMMISSION ELECTION, SELECTION OF VICE- 31 MAYOR; EXTENDING CURRENT TERMS; CHANGING TERM LENGTH 32 33 34 SECTION 6. The following question shall be placed on the ballot for consideration 35 by the qualified electors of the City of Tamarac, Florida, at the November 2006, General 36 Election in Broward County, Florida. The election ballot question shall read as follows: 37 38 The current Charter provides mayor and commissioners with three 39 year terms, City elections in March, and selection of vice -mayor each 40 March. Should the Charter be amended to change mayor and 41 commissioner election dates to November in even numbered years, 42 provide four year terms of office, with all current terms extended 8 CODING: Words in mraeh through type are deletions from existing law. Words in underscored type are additions SSG:MDC: Rev. 05-25-06 UALegislation\Draft Legislation Received\June WElection Referendum (6-06).doc 1 2 3 4 5 6 7 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 Temp. Ord. #21.17 Rev. 1 5/25/2006 Page 6 months to effectuate changes in election dates and maintain staggered terms, and change the City Commission's selection of vice -mayor to November? P P YES FOR APPROVAL NO FOR REJECTION SECTION 7. No effect on Tenn Limits. Notwithstanding the change in election dates and lengths of terns, this ordinance and the Charter Referendum, if approved by the City's electorate, will not affect any changes to the term limitations for Mayor and Commissioners set forth in Article IV, Section 4.02 of the City's Charter. SECTION 8. Advertisement. The City Clerk of the City of Tamarac is hereby authorized and directed to advertise the referendum election contemplated herein in accordance with the Charter and Code of Ordinances of the City of Tamarac, Florida, as well as the State of Florida Election Code. SECTION 9. Severability. Should any section, provision, paragraph, sentence, clause of word of this Ordinance or portion hereof be held or declared by any court of competent jurisdiction to be unconstitutional or invalid, in part or application, it shall be considered as eliminated and shall not affect the validity of the remaining portions or applications of this Ordinance. SECTION 10. Codification. It is the intention of the City Commission of the City of Tamarac, that the provisions of this Ordinance shall become and made a part of the Charter of the City of Tamarac, Florida, and that the Sections of this Ordinance may be renumbered, re - lettered and the word "Ordinance" may be changed to "Section," "Article" or other word or phrase in order to accomplish such intention.. SECTION 11. Conflicts. That all. Ordinances or parts of Ordinances, Resolutions or parts thereof in conflict herewith, be and the same are hereby repealed to the extent of such conflict. CODING: Words in stmek thratigh type are deletions from existing law. Words in underscored type are additions SSG:MDC: Rev. 05-25-06 U:\Legislation\Draft Legislation Received\June 14\Election Referendum (6-06).doc n 1 1 1 2 3 4 5 6 8 9 10 11 12 13 14 15 16 17 1.8 19 20 21 22 23 24 25 26 27 28 Temp. Ord. #2117 Rev. 1 5/25/2006 Page 7 SECTION 12. Effective Date. This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this day of ��1C'tJ , 2006 PASSED, SECOND READING thish day of J , 2006. ATTEST: MARION SWENSON, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form aiz AKfiAL 66REN ITY ATTORNEY r/ V//Z.' 70-m- Mwo, J/' I M, RECORD OF COMMISSION VOTE: 18T Reading MAYOR TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD ) DIST 3: COMM. SULTANOF DIST 4: COMM. DRESSLER RECORD OF COMMISSION VOTE: 2No Reading MAYOR TALABISCO DIST 1: V/M PORTNER DIST 2: COMM. ATKINS-GRAD DIST 3: COMM. SULTANOF Cn DIST 4: COMM. DRESSLER CODING: Words in ugh type are deletions from existing law. Words in underscored type are additions SSG:MDC: Rev. 05-25-06 UALegislation\Draft Legislation ReceivedUune 14\Election Referendum (6-06).doc