HomeMy WebLinkAboutCity of Tamarac Ordinance O-2010-005Temp. Ord#2189
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 VII,
ENTITLED "FINANCIAL PROCEDURES," AND IN PARTICULAR
AMENDING SECTION 7.03 ENTITLED "FORM AND CONTENT OF
BUDGET AND LIMITATION ON UNAPPROPRIATED SURPLUS";
REMOVING THE LIMIT ON THE UNAPPROPRIATED SURPLUS
FUNDS THAT THE CITY IS ABLE TO MAINTAIN IN ITS
RESERVES; 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 SEVERABXLITY; 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 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 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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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 VII, entitled
"Financial Procedures," and in particular has recommended the amendment of Section 7.03,
entitled "Form and Content of Budget and Limitation on Unappropriated Surplus;" 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 TAMA.RAC, 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 VII, entitled "Financial Procedures," shall be revised by
amending Section 7.03 entitled "Form and Content of Budget and Limitation on
Unappropriated Surplus" of the Charter of the City of Tamarac, as follows:
Sec. 7.03. Form and content of budget _ft ' limitation ,-..,..1
ulAl� .
The general fund budget shall be presented on an accrual basis for
expenditures and on a modified accrual basis for revenues, and shall
provide a complete financial plan of all funds and activities for the ensuing
fiscal year, and shall contain such details and be in such form as may be
required by law and by the commission. Also, it shall show comparative
figures of expenditures and revenues for the current and past fiscal year
detailed to show the increase and decrease in dollars. The total of
estimated expenditures shall not exceed the total of estimated revenue and
appropriated fund balance.
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No more than five (5) percent of expenditures of the general fund budget
may be included in the budget for contingencies that may not have been
included or which may have been underestimated in the proposed.
expenditures. This figure does not include unappropriated surplus.
The city shall adopt formal budgets for all other funds when it deems such
budgeting to be consistent with generally accepted accounting principles
or when required by law.
Section 3. The Ballot Title shall be as follows:
RESERVE SURPLUS AND PLANNING FOR FINANCIAL
EMERGENCIES
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:
The City Charter currently provides that the City may maintain an
unappropriated reserve surplus of no more than ten percent (10%) of its total
proposed expenditures of the general fund budget. Shall the Charter be
amended to remove the maximum cap on the amount of unappropriated
surplus funds that the City may maintain in its reserves to enable the City to
be better prepared for financial emergencies and other unexpected municipal
expenses?
YES M NO 7
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 Commission 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
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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 8. Conflicts.
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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PASSED, FIRST READING this � day of � ;:��'""" 2010.
PASSED, SECOND READING this A� day of //l ?_--1 , 2010.
BY: ! /
ATTEST: MAYOR BETH'TALABTSCO
RECORD OF COMMISSION VOTE: lsr Reading
MARION SWENSON, CMC
CITYCLERK MAYOR TALABISCO
DIST 1: COMM BUSHNELL t
DIST 2: COMM ATKINS-GRAD
DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLER
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR TALABISCO
DIST 1: COMM BUSHNELL
.AMUEL S. CffiREN DIST 2: COMM ATKINS-GRAD
CITY ATTORNEY DIST 3: COMM. GLASSER
DIST 4: V/M. DRESSLER 4p_
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