HomeMy WebLinkAboutCity of Tamarac Ordinance O-2016-009Temp. Ord. #2342
January 21, 2016
Page 1
CITY OF TAMARAC, FLORIDA
ORDINANCE 0-2016-0 q
AN ORDINANCE OF THE CITY OF TAMARAC, FLORIDA,
SUBMITTING TO REFERENDUM AN AMENDMENT TO THE
CHARTER OF THE CITY OF TAMARAC AT ARTICLE V,
ENTITLED "CITY MANAGER," AND IN PARTICULAR AMENDING
SECTION 5.04 ENTITLED "POWERS AND DUTIES OF THE CITY
MANAGER"; DELETING THE REFERENCE TO THE CITY'S
BUILDING OFFICIAL IN THE CITY CHARTER AND PROVIDING
FOR CONSISTENCY WITH THE BUILDING OFFICIAL 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
100009701.DOCX }
CODING: Words in StFUElcthFeugh type are deletion from
existing law; words in underlined type are additions
Page 1 of 5 Pages
SSG/1G H
Temp. Ord. #2342
January 21, 2016
Page 2
Tamarac, Florida, in an ordinance format; and
WHEREAS, the City's Charter Review Commission has recommended modifications
to Article V, "City Manager," and in particular has recommended amending Section 5.04,
"Powers and Duties of the City Manager" to remove the reference to the Building Official
since the Building Official position is consistent with 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 V, entitled "City Manager," shall be revised by amending
Section 5.04, entitled "Powers and Duties of the City Manager" of the Charter of the City of
Tamarac, as follows:
Sec. 5.04. - Powers and duties of the city manager.
(a) Appointment of ' Department Heads and Assistant Citv Manager. He shall
appoint and supervise the heads of all departments and assistant city manager,
if required, subject to the approval of the majority of the commission. The
(00009701.DOCX)
CODING: Words in stF Gk thFE)wgI4 type are deletion from
existing law; words in underlined type are additions
Page 2 of 5 Pages
SSG/J G H
1
E
Temp. Ord. #2342
January 21, 2016
Page 3
Section 3. The Ballot Title shall be as follows:
BUILDING OFFICIAL POSITION CONSISTENT WITH OTHER CITY
DEPARTMENT HEADS
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 empowers the City Manager to hire and supervise
all department heads, subject to approval of the City Commission, but
separately recognizes the City's Building Official and gives the City
Commission separate authority to suspend or remove said official. Shall the
City Charter be revised to treat the Building Official the same as all other
City department heads?
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 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
{00009701.DOCX)
CODING: Words in stFueak thFGUgh type are deletion from
existing law; words in underlined type are additions
Page 3 of 5 Pages
SSG/J G H
Temp. Ord. #2342
January 21, 2016
Page 4
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.
THE REST OF THIS PAGE HAS BEEN INTENTIONALLY LEFT BLANK.
(00009701.DOCX)
CODING: Words in stFUe-kthFswgI4 type are deletion from
existing law; words in underlined type are additions
Page 4 of 5 Pages
SSG/JGH
Temp. Ord. #2342
January 21, 2016
Page 5
PASSED, FIRST READING this c�-7 day of , 2016.
PASSED, SECOND READING this 6 ( day of , 2016.
A TEST:
PATRICIA -fEUf L, CMC
CITY CLERK
I HEREBY CERTIFY that
I have approved this
ORDINANCE as to form:
rA� ) o-i"' '
AMUEL . , OREN
CITY ATTORNEY
(00009701.DOCX }
CODING
4
MA'A)V HARRY DRESSLER
RECORD OF COMMISSION VOTE: 1ST Reading
MAYOR DRESSLER
DIST l: COMM. BUSHNELL
DIST 2: COMM GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM. PLACKO
RECORD OF COMMISSION VOTE: 2ND Reading
MAYOR DRESSLER
DIST 1: COMM. BUSHNELL
DIST 2: COMM GOMEZ
DIST 3: V/M GLASSER
DIST 4: COMM. PLACKO
Words in stFuGk thF9u^h type are deletion from
existing law; words in underlined type are additions
Page 5 of 5 Pages
SSG/JGH