HomeMy WebLinkAboutCity of Tamarac Ordinance O-2016-008Temp. Ord. # 2341
January 21, 2016
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CITY OF TAMARAC, FLORIDA
ORDINANCE 0-2016-() 9
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA,
SUBMITTING TO REFERENDUM AN AMENDMENT TO THE
CHARTER OF THE CITY OF TAMARAC AT ARTICLE X,
ENTITLED "CITY CLERK," AND IN PARTICULAR AMENDING
SECTION 10.01 ENTITLED "APPOINTMENT AND
COMPENSATION"; AMENDING SECTION 10.03, ENTITLED
"SUSPENSION OR REMOVAL;" PROVIDING FOR CONSISTENCY
BETWEEN THE CITY CLERK POSITION AND THE POSITION OF
OTHER CITY DEPARTMENT HEADS; 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
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Tamarac, Florida, in an ordinance format; and
WHEREAS, the City's Charter Review Commission has recommended modifications
to Article X, "City Clerk," and in particular has recommended amending Section 10.01,
"Appointment and Compensation" and Section 10.03, "Suspension or Removal," to provide
for consistency between the City Clerk position and all other department head positions in the
City; 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 X, entitled "City Clerk," shall be revised by amending Section
10.01, entitled "Appointment and Compensation" of the Charter of the City of Tamarac, as
follows:
Sec. 10.01. - Appointment and compensation.
The city clerk. shall be appointed by the manager with the consent of the
commission and ee „ti 4-> a „ by t,,
114 VV2S r
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Section 3. Article X, entitled "City Clerk," shall be revised by amending Section
10.03, entitled "Suspension and Removal" of the Charter of the City of Tamarac, as follows:
Sec. 1.0.03. - Suspension or removal.
The city clerk may be suspended or removed by the manager-wi&44
Section 4. The Ballot Title shall be as follows:
CITY CLERK POSITION CONSISTENT WITH OTHER CITY DEPARTMENT
HEADS
Section 5. 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 empowers the City Manager to hire and supervise
all department heads, subject to approval of the City Commission, but
separately recognizes the City Clerk and gives the City Commission separate
authority to set the Clerk's compensation, suspend or remove said official.
Shall the City Charter be revised to treat the City Clerk the same as all other
City department heads?
YES ❑ NO ❑
Section 6. 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
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of Florida Election Code.
Section 7. 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 8. 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 9. 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 10. Effective Date. This Ordinance shall take effect immediately upon its
adoption.
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PASSED, FIRST READING this 7 day of , 2016.
PASSED, SECOND READING this S L_ day of , 2016.
ATTEST:
A-1 QW7-
PATRICIA T OF L, CMC
CITY CLERK
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I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM GOMEZ l'1
DIST 3: V/M GLASSER l
AMUEL S. GO N �
CITY ATTORNEY
Words in s thFaugI4 type are deletion from
existing law; words in underlined type are additions
BY:
MA OR HARRY DRESSLER
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR DRESSLER *4
DIST 1: COMM. BUSHNELL
DIST 2: COMM GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2"D Reading
DIST 4: COMM. PLACKO
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