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Home My WebLink AboutCity of Tamarac Ordinance O-2002-012u Temp. Ord. #1965 April 15, 2002 Page 1 CITY OF TAMARAC, FLORIDA ORDINANCE NO. 0-2002-1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF TAMARAC, FLORIDA, AMENDING ARTICLE VIII, SECTION 8.01, OF THE CITY CHARTER, ENTITLED "TERMS AND QUALIFICATIONS"; AMENDING ARTICLE VI, SECTION 6.04 OF THE CITY CHARTER ENTITLED "ELECTIONS"; CHANGING THE CHARTER BOARD FROM AN ELECTED TO AN APPOINTED BOARD; REPLACING THE ELECTED CHARTER BOARD; PROVIDING FOR TERM OF OFFICE; PROVIDING FOR TRANSITION; PROVIDING FOR REMOVAL FROM OFFICE; PROVIDING THAT IF THE AMENDMENT IS APPROVED BY A MAJORITY OF THE VOTERS AT THE SEPTEMBER, 10, 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, the City Commission of the City of Tamarac has deemed it to be in the best interest of the citizens and residents of the City of Tamarac that Article VI, Section 6.04, entitled "Elections" and Article VIII, Section 8.01, entitled "Terms and qualifications", be amended; 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: CODING: Words in stme�k thFeugli type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1965 April 15, 2002 Page 2 SECTION 1: That the following referendum question amending the City Charter shall be presented to the electorate of the City of Tamarac at the September 10, 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 CHARTER BOARD CHANGED FROM ELECTED BOARD TO APPOINTMENT BY COMMISSIONERS AND MAYOR SECTIONS 6.04 AND 8.01 OF TAMARAC CHARTER AMENDED CHANGING CHARTER BOARD FROM ELECTED TO APPOINTED BOARD, REPLACING ELECTED CHARTER BOARD, CREATING APPOINTED CHARTER BOARD WITH MEMBERS FROM DISTRICTS APPOINTED BY DISTRICT'S COMMISSIONER AND ONE AT -LARGE MEMBER APPOINTED BY MAYOR TO SERVE FOR ONE-YEAR TERM, SUBJECT TO REMOVAL BY APPOINTING OFFICIAL; CHARTER BOARD TO BE APPOINTED ON DATE TO BE SET BY RESOLUTION, BUT NOT EARLIER THAN MARCH, 2003, AND EVERY SIX YEARS THEREAFTER. YES NO If the proposed amendment is approved, Article VI, Section 6.04 entitled "Elections" will read as indicated below: CODING: Words in stFuel( thFeugli type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1965 April 15, 2002 Page 3 Sec.6.04. Elections. There shall be no primary elections for municipal offices; the election for all municipal offices shall be held on the second Tuesday in March of the calendar year, unless changed by law. The candidate or candidates, depending upon the number to be elected, receiving the highest number of votes in the election shall be declared elected. In the event of a tie vote between two (2) or more candidates, the city shall arrange with the Broward County Supervisor of Elections for a special runoff election to be held within thirty (30) days after the special or general election. Duly elected municipal officers shall take office within thirty (30) days after the special or general election. Duly elected municipal officers shall take office within ten (10) days after election with the specific day to be decided by ordinance. Each commissioner shall be elected from one of the four (4) districts within the city, hoard shall he a member at laFge Qualified electors residing within each district shall vote for not more than one (1) candidate for the offices of city commissioner er oha ler heard from that district and shall not be entitled to vote for candidates for city commission er nhar+er heard from any other district. Candidates for the office of mayor apal the; at '—aFg@ R;8FBbeF Of the shall run citywide. If the proposed amendment is approved, Article Vill, Section 8.01 entitled "Terms and qualifications" will read as indicated below: Sec. 8.01. Terms and qualifications. (a) Membership. The charter board shall consist of five (5) members. Four (4) members shall reside in each of the different districts, and each member shall be appointed by the commissioner from that district for a term of office. afd-eOne (1) member s-b.all rum At large may reside anywhere in the city and shall be appointed by the mayor. The charter board shall be appointed on a ,date to be set by resolution of the City Commission, but not before March, 2003, and every six U years thereafter. The term of each member shall be one (1 ) year. GhaFteF BeaFd members- from Dismrin4c I and 2shall he elontcd in the yeaF i`emm5661011 rer)recen atiYes of DiStrin4S I and 2 arc ted beg^ r,i� With m� �nirir�al elen4ion of March �2 crn� � r ar,d rharter beard members+ from riis-irintS 2 and 4 Shall he elenfed in the e CODING: Words in smock thFeagli type are deletions from existing law; Words in underscored type are additions. Temp. Ord. #1965 April 15, 2002 Page 4 .011 ■ ... ■ MIN iy"i (b) Effective upon the date of appointment set by Resolution, the existing elected charter board is replaced by a charter board appointed pursuant to the charter and all subsequent charter board members shall be appointed pursuant to the charter. c) Removal from office. Charter board members serve at the pleasure of the district's commissioner or mayor. Any charter board member may be removed by the commissioner from the district represented or by the mayor for the at -large position. (4) u Chairman and Vice -Chairman. Each }ear term, as soon as possible after new members have taken office, the board shall elect a chairman and a vice-chairman. W Le) Extended Absence from Office. Any charter board member who is absent from three (3) consecutive regular board meetings or five (5) out of seven (7) consecutive regular board meetings shall forfeit his office. Any absence excused by the chairman shall not be counted as an absence for the purpose of this section. The charter board shall declare a vacancy due to its member's absence. The vacancy shall be filled pursuant to the provisions of this Charter. Wff) Filling of Vacancy. In the event of a vacancy, the heard commissioner or mavor. consistent with the Charter. shall select a replacement from the district where the vacancy exists; however, if the at - large position is vacant, the replacement may be any elector resident of the city. A charter board member appointed to fill a vacancy shall serve for the remainder of the unexpired expiriRg term or until the next general 81849n CODING: Words in stmekthmugl:v type are deletions from existing law; Words in undgrscored type are additions. 1 1 Temp. Ord. #1965 April 15, 2002 Page 5 (.e4 Lgj Member Must be Elector. Any elector resident of the city may be -a Gandidate for an ;f oIR-Gted Finay serve on the charter board only as long as he is an elector of the city. SECTION 2: 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: All Ordinances or parts of Ordinances, and Resolutions or parts of Resolutions in conflict herewith are hereby repealed to the extent of such conflict. SECTION 4: If any provision of this Ordinance or the application thereof to any person or circumstance is held invalid, such invalidity shall not 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: passage and adoption. This Ordinance shall become effective immediately upon its CODING: Words in stuff type are deletions from existing law; Words in underscored type are additions. PASSED, FIRST READING this 22nd day of May, 2002. PASSED, SECOND READING this 12th day of June, 2002. ATTEST: MARION S ENSON, CMC CITY CLERK I HEREBY CERTIFY that I have U1 I Y A I I UKIN Temp. Ord. #1965 April 15, 2002 Page 6 ,M• - MAYO- RECORD OF COMMISSIO VOTE: MAYOR SCHREIBER L DIST 1: V/M. PORTNER DIST 2: COMM. MISHKIN DIST 3: COMM. SULTANO DIST 4: COMM. ROBERTS Q, CODING: Words in stFUekthFeagh type are deletions from existing law; Words in underscored type are additions. 1 11 L,