HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-034Proposed by: W M NL(ti�lAGi lvp
Introduced by: C� ,-�
Temp. #387
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CITY OF TAMARAC, FLORIDA''!!
ORDINANCE NO. r?`
AN ORDINANCE IMPLEMENTING ARTICLE
VI, SECTION 6.09 (E) OF THE CHARTER,
PROVIDING AN EFFECTIVE DATE.
WHEREAS, the City of Tamarac, Florida, adopted
a revised Charter, effective at noon on March 15, 1976,
and
WHEREAS, pursuant to Article VI, Section 6.09 (E),
Initiative, Referendum, of said Charter, the Council desires
to implement said Section 6.09 (E) by providing as follows:
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL
OF THE CITY OF TAMARAC, FLORIDA:
SECTION 1: Section 6.09 - Initiative, Referendum.
A. "The power to propose amendments to
any section of this Charter or to propose the repeal,
amendment or enactment of any City ordinance by initia-
tive is reserved to the people of this City. This
power may be invoked by filing with the Manager a
petition containing a copy of the proposal signed by
a number of electors equal to at least seven (7%)
percent of the total city electors at the time of the
last general election. All city officers and departments
shall cooperate with the County Supervisor of Elections
who shall determine the validity of said petition and
who shall notify the Council of the determination, in
writing, within thirty (30) days. Should the County
Supervisor of Elections be unable to make such determina-
tion within thirty (30) days, the Manager is empowered
to do so."
SECTION 2: Commencement of Proceedings.
Any five qualified electors may commence initiative
or referendum proceedings by filing with the City Manager an
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affidavit stating they will constitute the petitioners'
committee and be responsible for circulating the petition
and filing it in proper form, stating their names and addresses
and specifying the address to which all notices to the
committee are to be sent, and setting out in full the proposed
initiative ordinance or citing the ordinance sought to be
reconsidered.
Promptly after the affidavit of the petitioners'
committee is filed the City Manager shall, at the committee's
request, prepare and issue the appropriate petition blanks to
the petitioners' committee at the committee's expense.
cFrTTONT P�• Petitions.
(1) Number of Si natures. Initiative and
referendum petitions must be signed by Qualified electors
of the City equal in number to at least seven percent of the
total number of qualified electors registered to vote at the
last regular City eleciton.
(2) Form and Content. All papers of a petition
shall be uniform in size and style and shall be assembled
as one instrument for filing. Each signature shall be
executed in ink or indelible pencil and shall be followed
by the address of the person signing. Petitions shall con-
tain or have attached thereto throughout their circulation
the full text of the ordinance proposed or sought to be
reconsidered.
(3) Affidavit of Circulator. Each paper of a
petition shall have attached to it when filed an affidavit
executed by the circulator thereof, stating that he personally
circulated the paper, the number of signatures thereon, that
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all the signatures were affixed in his presence, that he
believes them to be the genuine signatures of the persons
whose names they purport to be and that each signer had an
opportunity before signing to read the full text of the ordinance
proposed or sought to be reconsidered.
(4) Time for Filing Referendum Petitions.
Referendum petitions much be filed within sixty (60)
days after adoption by the City Council of the ordinance
sought to be reconsidered.
SECTION 4: Procedure for filing.
(1) Certificate of County Supervisor of Elections;
Amendment.
Within thirty (30) days after an initiative or referen-
dum petition is filed, the County Supervisor of Elections
shall complete a certificate as to its sufficiency, specifying,
if it is unsufficient, the particulars wherein it is defective
and shall promptly send a copy of the certificate to the peti-
tioners' committee by registered mail. Grounds for insufficiency
are only those specified hereinabove. A petition certified
insufficient for lack of the required number of valid signatures
may be amended once if the petitioners' committee files a notice
of intention to amend it with the City Manager within two
(2) workdays after receiving the copy of such certificate.
Such supplementary petition shall comply with the requirements
hereinabove, and with seven (7) days after it is filed, the
City Manager shall complete a certificate as to the sufficiency
of the petition to the petitioners' committee by registered
mail as in the case of an original petition. If a petition
or amended petition is certified sufficient, or if a petition
or amended petition is certified insufficient and the petitioners'
committee does not elect to amend or request City Council review
under subsection (2) of this section within the time required,
the County Supervisor shall promptly present his certificate
to the
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City Council and the certificate shall then be a final
determination as to the sufficiency of the petition. If
for any reason the County Supervisor fails to determine the
validity of the said petition,within thirty (30) days, then the
City Manager shall make such determination.
(2) City Council Review. If a petition has been
certified unsufficent and the petitoners' committee does
not file notice of intention to amend it or if an amended
petition has been certified insufficient, the committee may,
work
within two (2)/days after receiving the copy of such
certificate, file a request that it be reviewed by the City
Council, the City Council shall review the certificate at
its next meeting following the filing of such request and
approve or disapprove it, and the City Council's determination
shall then be a final determination as to the sufficiency of
the petition.
SECTION 5: Referendum Petitions; Suspension of Effect
of Ordinance.. When a referendum petition has been certified
sufficient by the County Supervisor or the City Manager, the
ordinance sought to be reconsidered shall be suspended. Such
suspension shall terminate when:
(1) The petitioner's committee withdraws the
petition, or
(2) The City Council repeals the ordinance, or
(3) After the result of the vote on the ordinance
has been certified.
SECTION 6: Action on Petitions.
(1) Action by City Council. When an initiative or
referendum petition has been finally determined sufficient,
the City Council shall promptly consider the proposed initiative
ordinance in the manner provided in Article VI, Section 6.09,
or reconsider the referred ordinance by voting its repeal. If
the City Council fails to adopt a proposed initiative
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ordinance without any change in substance within sixty (60)
days or fails to repeal the referred ordinance within thirty
(30) days, it shall submit the proposed or referred ordinance
to the electors of the City.
(2) Submission to Electors. The vote of
the City on a proposed or referred ordinance shall be held
not less than ninety (90) days from the date that the petition
was determined sufficient. If no regular City election is to be
held within the period prescribed in this subsection, the City
Council shall provide for a special election, except that the
City Council may, in its discretion, provide for a special
election at an earlier date within the prescribed period.
Copies of the proposed or referred ordinance shall be made
available at the polls and at the City Clerk's office.
(3) Withdrawal of Petitions. An initiative or
referendum petition may be withdrawn at any time prior to the
fifteenth (15th) day preceding the day scheduled for a vote
of the City by filing with the City Manager a request for
withdrawal signed by at least four (4) members of the
petitioners' committee. Upon the filing of such request,
the petition shall have no further force or effect and all
proceedings thereon shall be terminated.
SECTION 7: Results of Election.
(1) Initiative. If a majority of the qualified
electors voting on a proposed initiative ordinance vote in
its favor, it shall be considered adopted upon certification
of the election results, and shall be treated in all respects
in the same manner as ordinances of the same kind adopted by
the Council. If conflicting ordinances are approved at
the same election, the one receiving the greatest number of
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affirmative votes shall prevail to the extent of such conflict.
(2) Referendum. If a majority of the qualified
electors voting on a referred ordinance vote against it, it
shall be considered repealed upon certification of the election
results.
(3)
Limitation. No adopted initiative ordinance
shall be repealed by the City Council until twelve (12)
months have elapsed following the adoption. No repealed
referred ordinance shall be adopted by the City Council
until twelve (12) months have elapsed following its repeal.
SECTION 8: This Ordinance shall become effective
immediately upon its passage.
PASSED FIRST READING this—rl day of JA 11976.
PASSED SECOND READING this � day of (j ,1976.
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ATTEST:
i /, -1 I // r
I HEREBY CERTIFY that
I have approved the form
and correctness of this
Ordinance
Q
CITY ATTO EY
MAY')R tip. I"AL"' .__
VJM H. MASSA�?O.
CIW M. KELCH
C)M 0. TUCKER
CJM M. WEINBERGER CA
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