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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