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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the month after lst Thursday at 7 p.m. SECTION 4: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict.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.. ATTE t ayor. Cit 1�eilk. /1 I h reby cer app g�d the ne s *A s A have rrect- Record of Council Vote Mayor Seltman Vice Mayor Lange Councilman Johnso Councilman Shultz Councilman Socker t 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." . W cn 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 C 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." : cf T T V r+, C.�:i ►amrm IN 9143taw0 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." •fir ...: G srµ./ 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." R�„e?� .. - W 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, k-r* 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 r .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 - 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." 3 •, • rrs 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 C.� the Secretary of the Charter Board to the City Manager." �, 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." 4 Ny - IVY