HomeMy WebLinkAboutCity of Tamarac Ordinance O-2010-0041
Temp. Ord#2188
February 22, 2010
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CITY OF TAMARAC, FLORIDA
ORDINANCE NO. 0-2010- `/
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA,
SUBMITTING TO REFERENDUM AN AMENDMENT TO THE
CHARTER OF THE CITY OF TAMARAC AT ARTICLE IV,
ENTITLED "LEGISLATIVE," AND IN PARTICULAR ELIMINATING
SECTION 4.09 THROUGH SECTION 4.13, PERTAINING TO
CERTAIN CITY ADVISORY BOARDS; PROVIDING FOR THE
ELIMINATION OF REDUNDANCY IN THE CITY CHARTER;
PROVIDING FOR A NOTICE OF AN ADVERTISEMENT OF THE
REFERENDUM ELECTION TO BE PUBLISHED IN ACCORDANCE
WITH THE CODE OF ORDINANCES AND THE CHARTER OF THE
CITY OF TAMARAC, FLORIDA, AS WELL AS THE STATE OF
FLORIDA ELECTION CODE; PROVIDING THAT THIS
ORDINANCE, WHEN ADOPTED, SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE CITY OF TAMARAC, ON THE
NOVEMBER 2010 GENERAL ELECTION BALLOT AND IT SHALL
BECOME EFFECTIVE AS PROVIDED BY LAW; PROVIDING FOR
THE PLACE AND PLACES WHERE SAID ELECTION IS TO BE
HELD; PROVIDING FOR CONFLICTS; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN THE CODE;
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 1.66, 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 an ordinance format; and
WHEREAS, Article VIII of the Charter of the City of Tamarac requires the creation
of a Charter Review Commission ("CRC"), which shall review the municipal charter and
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Temp. Ord#2188
February 22, 2010
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recommend to the City Commission such revisions and amendments as the CRC determines to
be desirable; and
WHEREAS, the CRC has been in session for a period of time as prescribed by the
Charter and submitted various proposals for consideration by the City Commission and
ultimately by the electors of the City of Tamarac, Florida; and
WHEREAS, the CRC has recommended modifications to Article IV, entitled
"Legislative," and in particular has recommended the deletion of Section 4.09 through Section
4.13 of the City Charter; and
WHEREAS, the City Commission has read, reviewed, and publicly considered the
recommendations of the CRC and has embraced such recommendations in this Ordinance as
required by law.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF TAMARAC, FLORIDA, THAT:
Section 1. The foregoing "WHEREAS" clauses are hereby ratified and confirmed
as being true and correct and are hereby made a specific part of this Ordinance upon adoption
hereof.
Section 2. Article IV, entitled "Legislative," shall be revised by deleting Section
4.09 through Section 4.13 of the Charter of the City of Tamarac, as follows:
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Temp. Ord#2188
February 22, 2010
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Section 3. The Ballot Title shall be as follows:
TRANSITION OF SPECIFIC ADVISORY BOARDS FROM THE
CITY CHARTER TO THE CITY'S CODE OF ORDINANCES
Section 4. At the General Municipal Election on November 2, 2010, the following
question shall be placed on the ballot for consideration by the qualified electors of the City of
Tamarac, Florida, and shall read as follows:
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Temp. Ord#21$$
February 22, 2010
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The City Charter currently references a number of advisory boards which are
also governed by the City's Code of Ordinances. In an effort to avoid
redundancy and unnecessary Charter language, shall the Charter be amended
to remove any references to these advisory boards since they are also fully
regulated in greater detail by the City Code?
YES ❑ NO ❑
Section 5. Advertisement.
The City Clerk of the City of Tamarac is hereby authorized and directed to advertise
the referendum election contemplated herein all in accordance with the -Code of Ordinances of
the City of Tamarac, Florida, as well as the State of Florida Election Code.
Section 6. Codification. It is the intention of the City Cominission of the City of Tamarac 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, re -lettered and
the word "Ordinance" may be changed to "Section," "Article," or such other word or phrase in
order to accomplish such intention.
Section 7. Severability.
If any clause, section, or other part of this Ordinance shall be held by any court of
competent jurisdiction to be unconstitutional or invalid, such unconstitutional or invalid part
shall be considered as eliminated and in no way affecting the validity of the other provisions of
this Ordinance.
Section R_ C.onflietc_
All Ordinances or parts of Ordinances, Resolutions, or parts of Resolutions in conflict
herewith, be and the same are hereby repealed to the extent of such conflict.
Section 9. Effective Date.
This Ordinance shall take effect immediately upon its adoption.
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Temp. Ord#2188
February 22, 2010
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PASSED, FIRST READING this% day of 92010.
PASSED, SECOND READING this l day of 2010.
ATTEST:
MA RIbN SWENSON, CMC
CITY_:CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
It. 6rj�_ n
AMUEL S OREN
CITY ATTORNEY
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR TALABISCO
DIST l:
COMM BUSHNELL
DIST 2:
COMM ATKINS-GRAD_
DIST 3:
COMM. GLASSER
DIST 4:
V/M. DRESSLER
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO
DIST 1: COMM BUSHNELL
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. GLASSER
.DIST 4: V/M. DRESSLER
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