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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2016-006Temp. Ord. #2339 December 17, 2015 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE 0-2016- 0 AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF TAMARAC AT ARTICLE XII, ENTITLED "MISCELLANEOUS PROVISIONS," AND IN PARTICULAR DELETING SECTION 12.06 ENTITLED "RESIDENTIAL GROWTH CONTROL"; DELETING THE RESIDENTIAL GROWTH CONTROL PROVISIONS FROM THE CITY CHARTER SINCE THE CONCEPT OF RESIDENTIAL GROWTH CONTROL IS CONTEMPLATED BY THE CITY'S COMPREHENSIVE PLAN; 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 2016 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 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 100009701.DOCX } CODING: Words in StFUGk thFOW^" type are deletion from existing law; words in underlined type are additions Page 1 of 5 Pages SSG/JGH Temp. Ord. #2339 December 17, 2015 Page 2 Tamarac, Florida, in an ordinance format; and WHEREAS, the City's Charter Review Commission has recommended modifications to Article XII, "Miscellaneous Provisions," and in particular has recommended the deletion of Section 12.06, "Residential Growth Control" to remove the residential growth control provisions from the City Charter since the concept is otherwise contemplated by the City's Comprehensive Plan; and WHEREAS, the City Commission deems the proposed amendment to the City Charter, as detailed herein, to be in the best interests of the citizens and residents of the City. 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 XII, entitled "Miscellaneous Provisions," shall be revised by deleting Section 12.06, entitled "Residential Growth Control" of the Charter of the City of Tamarac, as follows: U. MORMUMEnmew {00009701.DOCX } CODING: Words in StFUGk thFeugh type are deletion from existing law; words in underlined type are additions Page 2 of 5 Pages SSG/1GH Temp. Ord. #2339 December 17, 2015 Page 3 Section 3. The Ballot Title shall be as follows: RESIDENTIAL GROWTH CONTROL REDUNDANCY Section 4. At the General Municipal Election on November 8, 2016, 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 for the City Commission's regulation of residential growth control. Shall this provision be removed from the City Charter to eliminate redundancy since the City's residential growth control regulation is otherwise contemplated by the City's Comprehensive Plan? YES 17 NO 0 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 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 (00009701.DOCX) CODING: Words in stFuGk thmugI4 type are deletion from existing law; words in underlined type are additions Page 3 of 5 Pages SSG/JG H Temp. Ord. #2339 December 17, 2015 Page 4 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. THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK. {00009701.D0CX j CODING: Words in StFUGk thFeu^I4 type are deletion from existing law; words in underlined type are additions Page 4 of 5 Pages SSG/JGH Temp. Ord. #2339 December 17, 2015 Page 5 PASSED, FIRST READING this oL7 day of , 2016. 61 PASSED, SECOND READING this ! ( day of 229 2016. A T: PATRICIA TEU L, CMC CITY CLERK I HEREBY CERTIFY that I have approved this ORDINANCE as to form: i AMU L S. REN CITY ATTORNEY (00009101.DOCX } CODING BY: 4,11 HARRYMAY DRESSLER. RECORD OF COMMISSION VOTE: 1 ST Reading MAYOR DRESSLER DIST l: COMM. BUSHNELL DIST 2: COMM GOMEZ DIST 3: V/M GLASSER DIST 4: COMM. PLACKO RECORD OF COMMISSION VOTE: 21'�D Reading MAYOR DRESSLER DIST 1: COMM. BUSHNELL DIST 2: COMM GOMEZ DIST 3: V/M GLASSER DIST 4: COMM. PLACKO Words in StFU .k thFGWgI4 type are deletion from existing law; words in underlined type are additions Page 5 of 5 Pages SSG/JGH