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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2016-007Temp. Ord. # 2340 November 19, 2015 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE 0-2016- AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA, SUBMITTING TO REFERENDUM AN AMENDMENT TO THE CHARTER OF THE CITY OF TAMARAC AT ARTICLE VI, ENTITLED "QUALIFICATIONS AND ELECTIONS," AND IN PARTICULAR AMENDING SECTION 6.03 ENTITLED "REDISTRICTING"; PROVIDING FOR REDISTRICTING FOR THE CITY EVERY TEN (10) YEARS FOLLOWING THE CENSUS; 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 Tamarac, Florida, in an ordinance format; and 100009701.DOCXI CODING: Words in stFUGk thmug# type are deletion from existing law; words in underlined type are additions Page 1 of 6 Pages SSG/1GH Temp. Ord. # 2340 November 19, 2015 Page 2 WHEREAS, the City's Charter Review Commission has recommended modifications to Article VI, "Qualifications and Elections," and in particular has recommended the amendment of Section 6.03, "Redistricting" to provide for redistricting every ten (10) years in accordance with the decennial census; 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 VI, entitled "Qualifications and Elections," shall be revised by amending Section 6.03 entitled "Redistricting" of the Charter of the City of Tamarac, as follows: Section 6.03 Redistricting. .. .. .. . - - - - . .rum {00009701.DOCX) CODING: Words in stFweI(thF9ugI4 type are deletion from existing law; words in underlined type are additions Page 2 of 6 Pages SSG/1GH Temp. Ord. # 2340 November 19, 2015 Page 3 appeiiatifygrepresented ehair development, or- fesidefi4ial seefien. At least 4ffee (3) affifmative votes of the eaftifflittee shall be iieeded to adopt a r-epet4. within _. .. ..undfed eighty the .. eapy of the fedistfiefiiig r-epoi4 ift eff-eet sha4l be kept on file with the eity eler-k for- inspectieii of eampen.sa4 n _ shallbiijaf eo t_ tJ 1.1 Vl GV LLLV ­14 eleetiaii Following the decennial census in 2020, and every ten (10) years thereafter, or sooner if it is determined by the Commission that districts shall have become unbalanced due to population shifts, the City Commission shall contract with an accredited four (4) year college or university located within the State of Florida for the purpose of identifyingand designating the four (4) election districts within. the City of Tamarac. The City Conunission shall adopt the redistricting plan as designated, provided that the plan incorporates the principles of nondiscrimination and fairness set forth above. In the event an elected commission member no lomzer resides in. the district from which he or she is elected as a direct result of the revisions to district boundaries in accordance with this section, that Commission member shall complete his or her term. Nothing contained within this section. shall be construed to alter residence section. shall be construed to alter residence requirements for atiy candidate .in.cludinglor atiy candidate .in.cluding incumbents, durinelections. subseuent reular reular Section 3. The Ballot Title shall be as follows: TIMEFRAME FOR REDISTRICTING THE CITY OF TAMARAC {00009701.DOCX } CODING: Words in StFUCk thFOUgh type are deletion from existing law; words in underlined type are additions Page 3 of 6 Pages SSG/JGH Temp. Ord. # 2340 November 19, 2015 Page 4 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 requires the City to perform a redistricting analysis, including the potential appointment of a redistricting committee, after each municipal election. In an effort to remain consistent with state and federal voting district boundaries, should the Charter be amended to require the engagement of a 4-year university to conduct a redistricting analysis and provide for redistricting every 10 years following the decennial census, or sooner, if mandated by law? YES ❑ 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 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 (00009701.DOCX) CODING: Words in stF Gk thFeugI4 type are deletion from existing law; words in underlined type are additions Page 4 of 6 Pages SSG/J G H Temp. Ord. # 2340 November 19, 2015 Page 5 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. 100009701.DOCXI CODING: Words in st-rae oug# type are deletion from existing law; words in underlined type are additions Page 5 of 6 Pages SSG/JGH Temp. Ord. # 2340 November 19, 2015 Page 6 PASSED, FIRST READING this a27 day of , 2016 PASSED, SECOND READING this day of 2016 BY: A ST: MA OR HARRY DRESSLER RECORD OF COMMISSION VOTE: 1ST Reading PATRICIA TEUF , CMC CITY CLERK MAYOR DRESSLER DIST 1: V/M BUSHNELL DIST 2: COMM GOMEZ DIST 3: COMM. GLASSER DIST 4: COMM. PLACKO I HEREBY CERTIFY that I have approved this ORDINANCE as to form: RECORD OF COMMISSION VOTE: 2ND Reading MAYOR DRESSLER �— DIST 1: V/M BUSHNELL DIST 2: COMM GOMEZ DIST 3: COMM. GLASSER SAMftt 5.66REN DIST 4: COMM. PLACKO CITY ATTORNEY (00009701.DOCX ) CODING: Words in stFuek thmug# type are deletion from existing law; words in underlined type are additions Page 6 of 6 Pages SSG/J G H