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HomeMy WebLinkAboutCity of Tamarac Ordinance O-2002-002Temp. Ord. #1954 11 /15/01 Revision #1 11 /29/01 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2002-002 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING ARTICLE XII, SECTION 12.08, OF THE TAMARAC CHARTER ENTITLED "LIMITATIONS ON SUITS FOR DAMAGES", REVISING THE TIME LIMIT FOR PROVIDING THE WRITTEN NOTICE OF DAMAGE OR LOSS REQUIRED BEFORE A CLAIM OR CAUSE OF ACTION MAY BE BROUGHT AGAINST THE CITY; PROVIDING THAT IF THE AMENDMENT IS APPROVED BY A MAJORITY OF THE VOTERS AT THE MARCH 12, 2002, ELECTION, THEN SUCH AMENDMENT SHALL BECOME A PART OF THE CITY CHARTER UPON CERTIFICATION AND ACCEPTANCE OF THE ELECTION RESULTS; PROVIDING FOR CODIFICATION; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Charter Section 12.08 currently conflicts with Florida Statute §768.28(6)(a) regarding the time limit for providing written notice of damage or loss to the City, which is required before a claim or cause of action may be brought against the City; and WHEREAS, in its Legal Review of Tamarac's Charter and Code of Ordinances dated September 8, 2000, the Municipal Code Corporation recommended a revision to Charter Section 12.08 to provide for consistency with F.S. §768.28; and WHEREAS, the Charter Board has reviewed the revisions to Charter Section 12.08, has held a public hearing on the revisions, and recommends that Charter Section 12.08 is amended; and Temp. Ord. #1954 11/15/01 Revision #1 11/29/01 Page 2 WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the V best interest of the citizens and residents of the City of Tamarac that Article XII, Section 12.08 of the Tamarac Charter, entitled "Limitations on suits for damages", be amended to comply with State law; and WHEREAS, pursuant to Chapter 166, Florida Statutes, a public hearing has been held on this matter. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: The following referendum question amending the City Charter shall be presented to the electorate of the City of Tamarac at the March 12, 2002, election and if the following referendum question is approved by a majority of the electorate at said election, the amendment proposed shall become a part of the City Charter upon Certification and acceptance of the election results: PROPOSED AMENDMENT TIME LIMIT FOR PROVIDING WRITTEN NOTICE OF CLAIM REVISED FOR COMPLIANCE WITH STATE LAW SHOULD SECTION 12.08 OF THE TAMARAC CHARTER BE AMENDED TO REVISE THE PERIOD OF TIME A PERSON HAS TO PROVIDE WRITTEN NOTICE TO THE CITY OF DAMAGES OR LOSS SUFFERED, WHICH MUST BE PROVIDED BEFORE A CLAIM OR CAUSE OF ACTION MAY BE BROUGHT AGAINST THE CITY, FROM THE EXISTING NINETY (90) DAYS TO THE TIME LIMIT SET BY STATE LAW, PRESENTLY THREE (3) YEARS? YES NO If the proposed amendment is approved, Article XII, Section 12.08 entitled "Limitations on H 1 J YES NO Temp. Ord. #1954 11 /15/01 Revision #1 11 /29/01 Page 3 If the proposed amendment is approved, Article XI I, Section 12.08 entitled "Limitations on suits for damages" will read as indicated below: Sec. 12.08. Limitations on suits for damages. No person shall have a cause of action against the city for damage, injury, death, or loss in case of accident, unless such accident shall have been caused by the negligence of the city or its duly authorized officials or employees, and under the law the city is liable for such negligence, and unless written notice of such damage or loss is presented within ninety (90) days the time limit set by Florida Statute s. 768.28, as may be amended, after the alleged injury to the commission or the city manager by such injured person, his agent, or attorney, with such reasonable specifications as to time, place and witnesses as would enable the proper city officials to investigate the matter, and provided however, that the said complainant also complies with all requirements of law. CODING: Words in ratrur.14 througft type are deletions from existing law; Words in underscored type are additions. SECTION 2: Codification: It is the intention of the City Commission and it is hereby ordained 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 renumbered or relettered and the word "Ordinance" may be changed to "Section", "Article" or such other word or phrase in order to accomplish such intention. SECTION 3: Conflicts: All Ordinances or parts of Ordinances in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: Severability: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not Temp. Ord. # /98 Page 4 affect other provisions or applications of this Ordinance that can be given affect without the invalid provision or application, and to this end the provisions of this Ordinance are declared to be severable. SECTION 5: Effective date: This Ordinance shall become effective immediately upon its passage and adoption. PASSED, FIRST READING this 12th day of December, 2001. PASSED, SECOND READING this 9th day of January, 2002. I HEREBY CERTIFY that I have approved this ORDWANCE as to form/ HELL S. K PUFT CITY ATTORNEY JOE SCHREIBER MAYOR RECORD OF COMMISSION VOTE: MAYOR SCHREIBER Ayc DIST 1: COMM. PORTNER! DIST 2: COMM. MISHKIN A DIST 3: VIM SULTANOF A DIST 4: COMM. ROBERTS ; 1 1