HomeMy WebLinkAboutCity of Tamarac Ordinance O-2006-011Temp. Ord. #2117
Rev. 1 5/25/2006
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ORDINANCE NO.0-2006-
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AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF
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TAMARAC, FLORIDA SUBMITTING TO REFERENDUM AN
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AMENDMENT TO ARTICLE VI OF THE CITY'S CHARTER,
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ENTITLED "QUALIFICATIONS AND ELECTIONS," SECTION 6.04,
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ENTITLED "ELECTIONS," TO CHANGE THE ELECTION DATE
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IN THE CITY TO OCCUR IN NOVEMBER OF EVEN NUMBERED
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YEARS, PURSUANT TO THE AUTHORITY SET FORTH IN THE
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SPECIAL ACTS GOVERNING MUNICIPAL ELECTIONS IN
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BROWARD COUNTY; AMENDING ARTICLE IV OF THE CITY
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CHARTER, ENTITLED "LEGISLATIVE," TO AMEND SECTION
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4.02 OF THE CITY CHARTER, ENTITLED "CITY COMMISSION;
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ELECTION, TERMS AND QUALIFICATIONS" TO CHANGE THE
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TERMS FOR THE MAYOR AND COMMISSIONERS IN
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COORDINATION WITH THE CHANGE IN ELECTION DATE FOR
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CITY ELECTIONS, TO PROVIDE FOR A FOUR (4) YEAR TERM OF
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OFFICE FOR THE MAYOR AND CITY COMMISSIONERS,
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BEGINNING NOVEMBER, 2008 FOR DISTRICTS 1 AND 3, AND
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NOVEMBER, 2014 FOR THE MAYOR AND DISTRICTS 2 AND 4;
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PROVIDING FOR ADJUSTMENTS IN THE CURRENT TERMS FOR
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THE COMMISSIONERS IN DISTRICTS 1 AND 3 TO EXTEND.
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UNTIL THE NOVEMBER, 2008 ELECTION AND THE CURRENT
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TERMS FOR THE MAYOR AND COMMISSIONERS IN DISTRICTS
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2 AND 4 UNTIL NOVEMBER, 2009; PROVIDING THAT THE
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TERMS FOR THE MAYOR AND DISTRICTS 2 AND 4
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COMMENCING IN NOVEMBER, 2009, SHALL EXTEND UNTIL
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NOVEMBER, 2014; AMENDING ARTICLE IV OF THE CITY
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CHARTER, ENTITLED "LEGISLATIVE," TO AMEND SECTION
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4.03 OF THE CITY CHARTER, ENTITLED "MAYOR AND VICE-
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MAYOR" TO CHANGE THE DATE FOR THE CITY'S VICE-
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MAYOR BE ELECTED ANNUALLY BY THE CITY COMMISSION
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TO BE NO EARLIER THAN THE THIRD TUESDAY OF
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NOVEMBER; PROVIDING FOR A NOTICE OF AN
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ADVERTISEMENT OF THE REFERENDUM ELECTION TO BE
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PUBLISHED IN ACCORDANCE WITH THE CODE OF
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ORDINANCES AND THE CHARTER OF THE CITY OF TAMARAC,
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FLORIDA, AS WELL AS THE STATE OF FLORIDA ELECTION
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CODE; PROVIDING THAT THIS ORDINANCE, WHEN ADOPTED,
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SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE
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CITY OF TAMARAC, FLORIDA, ON THE NOVEMBER, 2006,
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GENERAL ELECTION BALLOT AND SHALL BECOME
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Temp. Ord. #2117
Rev. 1 5/25/2006
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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,
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Temp. Ord. #2117
Rev. 1 5/25/2006
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WHEREAS, the extension of the terms of the Mayor and District 2 and 4
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Commissioners to November, 2009, will promote the staggering of the terms by separating
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the election for District 1 and 3 Commissioners in November, 2008, from the election of
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the Mayor and District 2 and 4 Commissioners in 2009, and will provide for the minimum
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extended term for the Mayor and District 2 and 4 Commission seats elected in 2009
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necessary to maintain staggering and elections in even numbered years; and,
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WHEREAS, given the change in election dates, it is necessary to amend the City's
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Charter provisions relating to the election of the Vice Mayor by the City Commission to
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occur no earlier than the third Tuesday of November; and,
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WHEREAS, notwithstanding the change in election dates and lengths of terms, this
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ordinance and the Charter Referendum, if approved by the City's electorate, will not affect
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any changes to the term limitations for Mayor and Commissioners set forth in Article IV,
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Section 4.02 of the City's Charter; and,
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WHEREAS, this City Commission has publicly reviewed, considered, and directed
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that this Ordinance be prepared and that the appropriate Charter Referendum question be
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included herein and submitted to the qualified electors of the City of Tamarac, Florida, at
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the November 7, 2006, General Election.
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NOW, THEREFORE, BE IT ORDAINED by the City Commission of the City of
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Tamarac, Florida, as follows:
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SECTION 1. The foregoing "Whereas" are hereby ratified and confirmed as being
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true and correct and are hereby made a specific part of this Ordinance upon adoption
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hereof.
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SECTION 2. Article VI, of the City Charter, entitled, "QUALIFICATIONS AND
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ELECTIONS" and in particular Section 6.04, thereof entitled, "Elections" shall be
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amended to read as follows:
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Section 6.04. Elections.
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There shall be no primary elections for municipal offices;
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the election for all municipal offices shall be held in November of
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even numbered years, on the date authorized by the laws governing
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municipal elections in Broward County, unless changed by law.
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The candidate or candidates, depending upon the number to be
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elected, receiving the highest number of votes in the election shall
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be declared elected. In the event of a tie vote between two (2) or
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more candidates, the city shall arrange with the Broward County
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Temp. Ord. #2117
Rev. 1 5/25/2006
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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
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Temp. Ord. #2117
Rev. 1 5/25/2006
Page 5
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commission and a commissioner or ex -commissioner may run for
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mayor.
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SECTION 4. Article IV, of the City Charter, entitled, "LEGISLATIVE"
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and in particular Section 4.03, thereof entitled, "Mayor and Vice Mayor,"
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shall be amended to read as follows:
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The Mayor shall be a voting member of the commission and shall
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preside at its meetings; shall be recognized as head of city government for all
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official functions, for service of process and by the governor for the purposes
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of military law; may be designated by the commission to represent the city in
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all agreements with or certifications to other governmental entities; shall
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have only those administrative duties required to carry out the
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responsibilities herein.
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In March, 2007 no earlier than the third Tuesday, a majority of the
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commissioners shall elect a vice -mayor, who shall serve until November,
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2008. Beginning November, 2008, and each November thereafter, no earlier
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than the third Tuesday, a majority of the commissioners shall elect a vice-
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mayor. The vice -mayor shall serve as acting mayor in the absence or
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disability of the mayor with all powers and duties of the mayor. The vice
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mayor shall serve a term of one (1) year and shall not serve successive one
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(1) year terms. In the event of a vice -mayoral vacancy, a majority of the
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commission shall elect a new vice -mayor who shall serve the remainder of
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the unexpired term.
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SECTION 5. The Ballot Title shall be as follows:
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CHANGING DATE OF COMMISSION ELECTION, SELECTION OF VICE-
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MAYOR; EXTENDING CURRENT TERMS; CHANGING TERM LENGTH
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SECTION 6. The following question shall be placed on the ballot for consideration
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by the qualified electors of the City of Tamarac, Florida, at the November 2006, General
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Election in Broward County, Florida. The election ballot question shall read as follows:
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The current Charter provides mayor and commissioners with three
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year terms, City elections in March, and selection of vice -mayor each
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March. Should the Charter be amended to change mayor and
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commissioner election dates to November in even numbered years,
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provide four year terms of office, with all current terms extended 8
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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.
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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
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