HomeMy WebLinkAboutCity of Tamarac Ordinance O-2002-002Temp. Ord. #1954
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Revision #1 11 /29/01
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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
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WHEREAS, the City Commission of the City of Tamarac has deemed it to be in the
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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
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YES
NO
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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
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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 ;
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