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HomeMy WebLinkAboutCity of Tamarac Ordinance O-1976-034Proposed by: W M NL(ti�lAGi lvp Introduced by: C� ,-� Temp. #387 [J 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 -1- 1 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 -2- 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 ogle 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 NIE 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 -5- 1 1 Ll 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. i 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 M