HomeMy WebLinkAboutCity of Tamarac Ordinance O-1973-040CITY OF TAMARAC, FLORIDA
ORDINANCE NUMBER
AN ORDINANCE ESTABLISHING TWO REGULAR MEETING
DATES AND TIMES; ESTABLISHING ALTERNATIVE
DATES; REPEALING ALL ORDINANCES IN CONFLICT
HEREWITH; PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City Charter of the City of Tamarac,
Florida, provides that regular meetings of the City Council
are to be held twice a month, and
WHEREAS, the City Charter of the City of Tamarac, Florida,
provides that regular meetings are to be established by ordinance.
NOW THEREFORE BE IT ORDAINED BY THE COUNCIL OF THE
City of Tamarac, Florida:
SECTION 1: A regular meeting of the City Council of the
City of Tamarac, Florida, shall be held on the 1st Wednesday
after 1st Thursday of each month at 10.00 am .
SECTION 2: Should a regular meeting date fall on a legal
holiday, the meeting shall automatically be re -set to the
following day of that month.
SECTION 3: A second meeting of the City Council of the
City of Tamarac shall be held on third Wednesday of the month
after lst Thursday at 7 p.m.
SECTION 4: All Ordinances or parts of Ordinances in
conflict herewith are hereby repealed to the extent of such
conflict.
SECTION 5: This Ordinance is to become effective on
llth April 1973.
PASSED FIRST READING THIS +day of April, 1973.
PASSED SECOND READING THIS+''day of April, 1973.
PASSED THIRD READING THIS "'Oday of April, 1973..
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Mayor Seltman
Vice Mayor Lange
Councilman Johnso
Councilman Shultz
Councilman Socker
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C.B.
AMEBTDME'NT11.
ARTICLE V=, S-ECTIDiN.32 of the City Charter of the City
of Tamarac is hereby amended to add thereto'a new section (a)
which shall read as follOTWS
"a. The City -Manager and all heads of departments, -with
the exception of the City Attorney and the Municipal Judge,
need•not be residents of. the City of Tamarac when employed, but
shall move into the City within one (1) year of the effective
date of their employment."
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C.B. AMENDMENT #17 - Page 1 of 3
r3TICL= �CII, SECTION 79 of *he City Charter of the
City of Tamara:. is e=eby amended to read as follows:
"SECTION 79. ?`CALL
Any elected official may be recalled and removed from
his office for any reason which miJnt be deered adequate by any
citizen as sufficient reason to vote against said candidate. Said
reason need not rise to the status of nonfeasance, malfeasance or
misfeasance by the use of the following procedure:
Twenty-five (25) registered electors residing within the District
represented by the official sought to be -recalled, or fifty (50)
registered electors residing within the City, desiring to recall
the Mayor, may make and file with the Clerk an Affidavit containing
the name or names of the person or persons whose removal is -sought
and a statement of the grounds for removal in not more tha:a two
hundred (200) words. The City Clerk shall immediately notify
the City Councilman, Courcilmen.or Mayor sought to be recalled
and he or they within five (5) days after suchnotice, may file
with the.City Clerk a defensive statement not exceeding -two
hundred (200) words. The.City Clerk, shall, at -once upon.the
expiration of said five (5) days, prepare fifty (50) copies of
such petition, and to each of them, the City Clerk shall attach e
a copy of the grounds for removal and any defensive statement
furnished the City Clerk within the time stated. Each copy of
the petition shall contain the number, of pages necessary to
carry the signatures of one per cent of the registered electors
of the City -,and each page to bear the affidavit to be executed
by the circulator thereof stating the number of signatures
appearing upon such page, and that*he personally saw each person
sign the petition, and that all signatures are genuine and were
made in his presence upon the date indicated. All copies of
the petition shall be delivered to the registered elector or
registered electors who presented the affidavit to the City Clerk.
The recall petitions to be effective, must be returned and filed
C.B. AMENDnNT #17 Page 2 of 3
with the City Manager within thirty (30) days after the filing of
the affidavit. The Cicy Manager sh?'l assemble all of said copies
of the petition.as one petition. If such petition is su-L—ent
as to signatures, the City Manager shall at once serve notice
of that fact upon the Councilman, Councilmen, or Mayor designated
in the petition, and also deliver to the City Council a copy of
the original petition with its certificate as to the percentage
of registered electors who signed the same. If the City Manager's
certificate shows the petition to be insufficient as to signatures,
the City Manager shall immediately notify in writing one (1).or
-more of the circulators of the petition, and the petition may br-
amended at any time within ten (10) .days after the giving of'
said notice by filing of a supplementary petition upon additional
petition papers issued, signed, and filed as provided herein for
the original petition.' The City Manager shall within five (5) days
-after such amendment.make an examination of.the-amended petition
and attach thereto his certificate of.the result. .If fo%ind to
be insufficient as to signatures, or if no amendment was made,
the City Manager shall file the petition with the City Clerk and
shall.notify the City Council, and the person, if any, filing
said amended petition of that fact.' If the Councilman, Councilmen
or Mayor or any of them designated in the petition filed with
the City Manager, within five (5) days after the City Manager's
certification that the petition and amendments contain the Ye
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quired percentage of signatures, tendered his or their written
resignation, the said City Manager shall at once notify the City
Council of that. fact and such resignation shall. be irrevocable.,
and the City Council shall proceed to fill the vacancy.* In" the
absence of any such resignation, the City. Council shall* forthwith
order and fix a day for holding a recall election for the removal
of those not resigning. Any such election shall be held not less
than thirty (30) nor more than sixty (60) days after the expiration
of =e five (5) days last mentioned, and at the same time as any?
C.B. AMENDMM #17 Page 3 of-3 .
other general or soec_--l.election held within such period;
but if no such election be held within such period, the City
Council shall call a special recall election to be held within
the period aforesaid."
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C.B. AMENDMENT #20.
ARTICLE XIV, SECTION 92 of the City Charter of the City
of Tamarac shall be amended to add ti;ereto a section (d} which
shall read -..as follows:
(d) EMERG"E"NCY RESERVE ACCOUNT IN THE GOERAL FUND
The Budget may include an emergency reserve account
which shall not exceed in amount three (3) percent of the
general. fund in any one budget year. The City Council.,
by resolution, may appropriate said fund only upon a valid.
. finding that an emergency. has.. arisen since the. adoption. of
the current Budget which affects the health, welfare or
.morals of the residents of the City.
• Any monies unspent in said account shall be rebudgeted .
to the same account in succeeding years and a like amount
of three (3) percent of the general fund may be budgeted
®"`•: in each year until a maximum of'four 4 ears'
( ) Y appropriation
shall have been accumulated. Thereafter, said account shall
be -maintained at that level by budgeting each year only
any amount which has been.properly expended, but not to
exceed three 3
( ) percent of the general fund in any one -
given year."
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C.B. AMENDMENT #21.
The City Car-er of the City of Tamarac is hereby
amended to add an unnumbered paragraph following paragrzph
. (d) of SEdTION 92 which shall read as follows:
-- "The total of proposed expenditures.shall not exceed .
the total of estimated income. There shall be no proposed.
expenditure other than that which has been detailed by offices,
departments and agencies in terms of their respective work
program. Contingencies or any other general labels which
. .: fail to state the purpose .and the department of expenditure,
other than items labked miscellaneous.and the
emergency
reserve set forth in paragraph (d) above, are hereby prohibited."
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ARTICLE X i SECTION 115 of the City Charter of the City of
Tamarac is hereby amended to read as follows:
"SECTION. 115. CONTRACTS FOR PUBLIC 14ORKS
Whenever the' expenditure of -public funds is involved, no
public improvement which costs in excess of $1,000. shall be
authorized or commenced except by referendum and as follows;
Whenever the cost of the proposed public improvement is to be
paid or"repaid, in whole.or in part, by special assessments
levied against the property specially benefited, the proceedings
shall be in accordance with the provisions relative to Special
Assessments for Local Improvements elsewhere contained in this.
Charter; whenever the professional services of architects,
engineers., surveyors; attorneys, and the like, are required,
•.xn connection with a public improvement, contracts of employment'
may be entered into by the Council with such persons, without
the necessity of public competitive bids; in all other cases
not specifically covered in this section public improvements
are not authorized except -after public notice for by*
publication in two (2) issues in a newspaper of general
circulation in the City requiring sealed bids to.be submitted
upon a specified date, with publication not less than seven
'(7) days apart, and the last publication not less than two (2)
days before the date for receiving bids, and the Council'shall,.
by resolution, award the contract to the lowest and best responsible_
bidder, and enter into a formal contract with such -bidder in
duplicate -for the performance of the work in accordance with the
plans -and specificatiais for sucFi improvements. Faithful performance
bond written by corporate surety company holding a certificate
of authority from the Secretary of the Treasury of the Tinited
States as acceptable sureties on Federal bonds, and executed C
and issued by a resident agent licensed and having an office
in Broward County, Florida, representing such corporate surety,
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shall be required from the successful bidder in aft amount equal
to the contract price. Faithful nerforrnance ?-Ynnd- ront-rart_ .
.. C.B. A!, MI, �tT r`25. - ge 2 of 2
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.contract documents, qualification of bidders, and plans and
specifications shall be prepared and executed in accordance
with requirementA of the Engineering Department, approved
by the City Attorney."
C.B. AMENDMENT #26.
ARTICLE XIX, SECTION 122 of the City Charter of tZe City
of Tamarac is hereby amended to read as follows:
"SECTION. 122. TEMNIS AND QUALIFICATIONS
At the general election in 1974 there shall be elected
five (5) members of the Charter Board who shall all be qualified
electors of the City of Tamarac. The term of office of the two
(2) candidates receiving the highest number of -votes shall be
for two 2 ( )years or until their successors are elected -and
-qualified. The term of office of the three (3) candidates
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receiving the next three highest number.of votes shall be
for one (1) year, but thereafter the term of office of their
successors shall be for two (2) years or until their successors
are elected and qualified, Terms of the Charter Board Members
shall begin on•the Tuesday following their election. Vacancies
on the Charter Board shall be filled by 'appointment therQto by
the remaining board members for the remainder of the.unexpired
term."
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C.B. AMENDMENT #27.
ARTICLE XIY, SECT:.ON 123 of the City Charter.of
the City of Tamarac is hereby amended to read as follows: -
."SECTION 123. DUTIES AND POWERS
The Charter Board shall.have the power•to investigate
violations of the Charter of the City of Tamarac, hold
public hearings, subpoena witnesses, take testimony, make
findings of and submit reports on results of investigations
to the -appropriate authorities. In the event the Board
determines that the Charter has been violated, that one
or more members of the City Administration are involved,
the -Board shall report such violations to the.City Manager
and the Mayor ,and the City Council. If corrective action
satisfactory to the Charter Board has not been taken by
the City Administration within thirty (30) days of the
mailing of said report, .then the Charter Board shall take
such -action as.it deems fit, included but not limited to,
the filing of -appropriate suits in Courts of competent
jurisdiction or as such other appeal to the public authorities
as may be appropriate under the circumstances. +The Charter
Board shall have the.powers and duties as provided for in
Chapter 166, Florida Statutes, to the extent that said
Statutes are not inconsistent with the provisions of.this
Charter. .
Citizens shall have the right -to' complain of any Charter
violation to the Charter Board and the Charter Board shall
_
consider said complaint.
The expenses of the Charter Board shall be paid by the
City when the same shall be certified by the Chairman and
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the Secretary of the Charter Board to the City Manager."
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C.B.AMENDMENT #28.
ARTICLE XIX, SECTION 123 of the City Charter of the'.
City of Tamarac is hereby amended to add thereto an
unnumbered paragraph which shall read as follows.
"The Charter Board shall have the power to employ
such assistance as it may need, such as attorneys,
accountants, secretaries and the like, to carry out its
duties."
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