HomeMy WebLinkAboutCity of Tamarac Resolution R-92-147Temp. Reso. # 6355
Revised 9/9/92
CITY OF TAMARAC, FLORIDA
RESOLUTION NO. R-92- _I!A"
A RESOLUTION DECLARING THE RESULTS OF THE
SEPTEMBER 1, 1992 SPECIAL ELECTION VOTING
ON AMENDMENTS TO THE CITY CHARTER NO.1-
9/92 (SECTION 4.02), NO. 2-9/92 (SECTION
4.02), NO. 3-9/92 (SECTION 4.04); AND
PROVIDING AN EFFECTIVE DATE.
WHEREAS, a Special Election was held on September 1,
1992, wherein the electorate was asked to vote on amendments
to the charter of the City of Tamarac; and
WHEREAS, the County Canvassing Board has canvassed the
results of the machine voting and absentee ballots and has
certified such results to the City Clerk of the City of
Tamarac; and
WHEREAS, the City Clerk has reviewed the certification
from the County Canvassing Board and has presented their
findings to the City Council for a formal Certification and
Declaration of the results.
NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF
TAMARAC, FLORIDA:
SECTION 1: That the following is hereby certified and
declared as the official results of the public vote at the
Special Election of September 1, 1992; for the proposed
Charter Amendments:
AMENDMENT NO. 1-9/92: Term of office for Mayor and
Councilmembers increased from two
(2) to three (3) years
Yes 4,346
No 3,994
AMENDMENT NO. 2-9/92: Mayor and Councilmembers
serve without term limits
Yes 1,365
No 6,884
Page 1
may
Temp. Reso. #6355
Revised 9/9/92
AMENDMENT NO. 3-9/92: Expense Allowance paid in advance
and returned to City if not used
for expenses
Yes 2,263
No 6,065
SECTION 2: That amendment to the Charter No.1-9/92,
having received approval of a majority of the voters voting
on these amendments, does become a part of the existing City
Charter of the City of Tamarac, which was adopted at the
Election held on March 9, 1976 and subsequently amended.
SECTION 3: That amendments to the Charter No.2-9/92
and No.3--9/92, not having received approval of the majority
of the voters voting on these amendments, do not become a
part of the existing City Charter of the City of Tamarac,
which was adopted at the Election held on March 9, 1976 and
subsequently amended.
SECTION 4: This Resolution shall become effective
immediately upon adoption. PASSED, ADOPTED AND APPROVED this J Q
"hday of _5eP"_b4-V 1992.
ATTEST:
CAROL A. EVANS
CITY CLERK
I HEREBY CERTIFY that I have
approved the form and.correctness
his Resolution.
CH LL KRAFT
CITY ATTORNEY
Page 2
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EMORTMITIN
RECORD OF COUNCIL, VOTE
MAYOR. UgLgDER,......,.,,,.�.._
DISTRICT 1: A
DISTRICT 2: _M.S_QJQM-ANtJ
DISTRICT 3: HR i R
DISTRICT 4: C/M ARRAMnwIT7 !
CITY OF TAMARAC SPECIAL ELECTION
BROWARD COUNTY, FLORIDA
SEPTEMBER 1, 1992
CERTIFICATE OF COUNTY CANVASSING BOARD
We, the undersigned, KATHLEEN KEARNEY , County Judge, JANE CARROLL , Supervisor
of Elections, and JOHN HART , County Commissioner, constituting the Board of County
Canvassers in and for Broward County, Florida, do hereby certify that we met on the 1 st day of September,1992,
and proceeded publicly to canvass the votes given for the issues herein specified at the CITY OF TAMARAC
SPECIAL ELECTION held on the 1 st day of September,1992 as shown by the returns on file in the office of the
Supervisor of Elections. We do hereby certify from said returns as follows:
CHARTER AMENDMENTS
ROPOSED CHARTER AMENDMENT NO 1-9 9
TERM OF OFFICE FOR MAYOR AND COUNCILMEMBERS INCREASED FROM TWO (2) TO THREE (3)
YEARS
Shall Section 4.02 of the Tamarac Charter be amended to provide that the length of term of office for mayor and
councilmembers be increased to a three year term of office from current two year term of office? Councilmembers
from Districts One and Three will run for three year terms beginning with 1993 municipal election. Mayor and
cc ilmembers from Districts Two and Four will run for three year terms beginning with the 1994 municipal
elffon.
TOTAL BALLOTS CAST
8,340 VOTES
YES 4,346 VOTES
NO 3,994 VOTES
PROPOSED CHARTER AMENDMENT NO. 2-9 92
MAYOR AND COUNCILMEMBERS MAY SERVE WITHOUT TERM LIMITS
Shall Section 4.02 of the Tamarac Charter be amended to change the number of terms the mayor and
councilmembers may serve by eliminating the current prohibition against the mayor and councilmembers
succeeding themselves for more than one (1) term without an intervening term regardless of the district or seat
they might hold and allowing the mayor and councilmembers to succeed themselves with no limitation as to the
number of terms they may serve?
TOTAL BALLOTS CAST 8,249 VOTES
y 1,365 VOTES
NO 6,884 VOTES
it n .- / ;? -1T 7 'I
?ROPOSED CHARTER AMENDMENT NO. 3-9/92
EXPENSE ALLOWANCE PAID IN ADVANCE AND RETURNED TO CITY IF NOT USED FOR
EXPENSES
Shall Section 4.04 of the Tamarac Charter be amended so that mayor and councilmembers receive current
ex ense allowances in advance; itemized vouchers explaining the expenses will be submitted to City Clerk at
e f each calendar year; expense money that is not spent on expenses related to performance of city duties
shall be returned to city at end of each calendar year?
TOTAL BALLOTS CAST 8,328 VOTES
YES 263 VOTES
NO 6,065 VOTES
LI
BROWARD COUNTY CANVASSING BOARD
A�A ",1 4. KA2-�o
COUNTY COURT JUDGE
uj.tel
COUNTY COMMISS NER
SUPERVISORL&F ELECTIONS
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11
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PART I
THE CHARTER'
Preamble
Art.
I.
Creation and Powers, 11.01
Art.
II.
City Map, 12.01
Art.
M.
City Seal, 13.01
Art.
IV.
Legislative, If 4.01-4.13
Art.
V.
City Manager, If 5.01-4.05
Art.
V1.
Qualifications and Elections, if 6.01-4.09
Art.
VII.
financial Procedures, II 7.01-7.19
Art. VUL
Charter Board, If 8.01-.03
Art.
EX.
Reserved
Art.
X
City Clerk, II 10.01-10.03
Art.
ZL.
City Attorney, 111.01
Art.
X11.
Miscellaneous Provisions, It 12.01-12.11
Art. SIII.
Corporate Limits, II 13.01, 13.02
Art. %IV.
Transition Schedule, If 14.01-14.08
PREAMBLE
The citizens of the City of Tamarac, in order to protect the general health, welfare, and safety of its
residents, promote honest, efficient and responsive government, hereby adopt a revised Home Rule
Charter in accordance with the Constitution and Statutes of the State of Florida.
16MItor's note —The Charter is derived from Ord. No. 764. adopted Jan. 8, 1976, and approved at an election held Marcb 9.
2976. E=pt for minor stylistic changes made for the purpose of conformity with the Code of Ordinances, the test has been set out
as enacted. Any editorial emendations made for the purpose of clarity have been included 'in brackets [ 1, Obviously misspelled
wards have been corrected without comment.
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C041U,4t*1
ARTICLE L CREATION AND POWERS
Sec. LAM [City created.]
The City of Tamarac, whose Charter was adopted on
May 19,1971, subsequently amended, and now super-
seded by this Charter, shall hereby continue to be known
as the City of Tamarac, a body politic and corporate, and
shall continue to have all governmental, corporate and
proprietary powers and duties granted or imposed by or
not expressly prohibited by law to enable it to conduct a
responsive and efficient municipal government, perform
municipal functions and render municipal services.
ARTICLE U. CITY MAP
Sec. 2.01. [Prepared by city engineer;
changes; sale to public.]
The official city map shall be the one prepared by the
city engineer and signed by him certifying that the map
conforms to the city corporate boundaries. The city map
shall be altered and certified by the city engineer within
thirty (30) days after change in corporate boundaries has
been duly adopted by the city. Such map and any changes
thereto when adopted and approved by the council shall be
filed with all appropriate officials as required by law.
Copies of these maps shall be available to the public at a
reasonable price.
ARTICLE III. CITY SEAL
Sec 3.01. [Described.]
The official seal of the City of Tamarac hereby
established shallbear the legend "Cityof Tamarac, Broward
County, Florida, (SEAL), Established 1963," and such
identification symbols or logo as the Council may estab-
lish.
ARTICLE IV. LEGISLATIVE
Sec 4.01. City council; powers and compos-
ition.
The city council, hereinafter referred to as the -coun-
cil," shall have vested therein all of the legislative powers
of the city and all other powers and duties specifically
vested in a municipal governing body by law. The council
shall Consist of five (5) members, one of whom shall be the
mayor.
3
§ 4.03
Sec 4.02. City council; election, terms and
qualifications.
The Mayor and councilmembers shall be elected for
a term of three (3) years in the manner provided for and in
accordance with the qualifications set forth in article Vl.
Councilmembeas from odd -numbered districts shall be
elected at the municipal election held on Mauch 9,1993
and every three (3) years thereafter, and councilmembers
from even -numbered districts and the mayor shall be
elected at the municipal election held on March 8. 1994
and every three (3) years thereafter. Beginning with the
1985 municipal election and effective for all elections
thereafter, councilmembers (including the mayor) who
are elected to office shall not succeed themselves formore
than one (1) term, without an intervening term, regardless
of the district or seat they might hold; except that if
otherwise qualified, the mayor or ex-mayar may run for
council and a councilman or ea -councilman may run for
mayor.
(Ord. No. 83-53, $ 1, 12-22-83; Ord. No. 92-32, § 1,
6-24-92)
Editor's mote —The provisions of Ord. No. 83-53
were approved at an election held Mar. 13,1984, and the
provisions of Ord. No. 92-32 were approved at an election
held SepL 1.1992.
Sec. 4.03. Mayor and rice -mayor.
The mayor shall be a voting member of the council
and shall preside at its meetings; shall be recognized as
head of city government for all official functions, for
service of process and by the governor for the purposes of
military law; may be designated by the council to repre-
sent the city in all agreements with or certifications to
othergovemmental entities; shall have only those admin-
istrative duties required to carry out the responsibilities
herein.
Each year, as soon as possible after the new
councilmembers have taken office, a majority of the
ca me lmembers shall elect a vine -mayor. The vice -mayor
shall serve as acting mayor in the absence or disability of
the mayor with all powers and duties of the mayor. In the
eventof& vice -mayoral vacancy, a majority of the council
shall elect a new vivo -mayor.
(Ore- No. 79-8. § 1,1-15-79)
Editor's note —The provisions of Ord. No. 79-8
were approved at an election held on Mar.13.1979.
C� J
' 4.03
TAMARAC CHARTER
sence or disability of the mayor with all powers
and duties of the mayor. In the event of a vice -
mayoral vacancy, a majority of the council shall
elect a new vice -mayor.
(Ord. No. 79-8, § 1, 1-15-79)
Editor's note —The provisions of Ord. No. 79.8 were ap-
proved at an election held on Mar. 13, 1979.
Sec. 4.04. Compensation and expenses of
mayor and council.
The salary of the mayor shall be four hundred
dollars ($400.00) per month, and the salary of the
councilmembers shall be three hundred dollars
($300.00) per month.
The mayor shall be entitled to receive his ac-
tual and necessary expenses allowable by law, not
to exceed three thousand dollars ($3,000.00) per
year incurred in the performance of his duties as
Wor upon delivery of an itemized voucher to the
manager.
Each councilmember (other than mayor) shall
be entitled to receive his actual and necessary
mrpenses allowable by law, not to exceed two thou-
sand dollars ($2,000.00) per year incurred in the
performance of his duties as councilmember upon
delivery of an itemized voucher to the city man-
ager.
Expense limitations for the mayor and council
shall be calculated per elected year.
(Ord. No. 79-8, § 2, 1-15-79; Ord. No. 80-3, § 1,
1-3-80; Ord. No. 80-122, § 1, 12.24-80)
Editor's note —The provisions of Ord. No. 79.8 were ap-
proved at an election held on Mar. 13,1979; the provisions of
Ord. No. 80.3 were approved at an election held Mar. 11,1980;
and the provisions of Ord. No. 80.122 were approved at an
election held Mar. 10, 1981.
Sec. 4.05. Vacancies; forfeiture of office;
filling of vacancies.
(a) Vacancies. The office of a coundlmember
shall become vacant upon death, resignation, for-
feiture, or removal from office in any manner au-
thorized by law.
W) Forfeiture of Office. A coundlmember shall
forfeit his office if the member lacks, at any time
during the term of office, any qualifications for
the office as prescribed by this Charter or by law.
Any councilmember who is absent from all reg-
$upp. No. 5 4
�C_ 5 '2 -IV
ular council meetings for any reason, over'a pe-
riod of seventy-five (75) consecutive days shall for-
feit his office. Any recess shall be included in the
calculation of time provided in this section.
(c) Filling of Vacancies. If any vacancy occurs
except as a result of a recall, the remaining coun-
cilmembers shall appoint a replacement to hold
that office until the next general election. If the
vacancy occurs by reason of recall, then it shall be
filled as provided by law. However, in the event of
a vacancy in the position of mayor, except as a
result of a recall, a special election shall be held
for the purpose of electing a mayor to rill the va-
cancy for the office of mayor. Such a special elec-
tion shall be conducted as soon as reasonably pos-
sible in conformance with all applicable provisions
of law.
(d) Extraordinary Vacancies. In the event that
three (3) or more members of the council are re-
moved by death, disability, law or forfeiture of
office, the governor shall be requested to appoint
interim replacements; and he shall be requested
to direct a special election to be held within sixty
(60) days after the date of the interim replace-
ments.
(e) [Temporary Chairman.] In the absence of
both the mayor and vice -mayor, a temporary
chairman for any council meeting may be desig-
nated by three (3) councilmembers.
(Ord. No. 83-53, § 1, 12.22-83; Res. No. CBR-84.2,
§ 1, 1-11-85)
Editor's note --The provisions of Ord. No. 83-53 were ap-
proved at an election held Mar. 13, 1984. The amendment
proposed by Charter Board Res. No. CBR-84.2 was approved at
an election held Mar. 12, 1985, and was certified by Res. No.
R-85.102, 11, adopted Mar. 19, 1985.
Sec. 4.06. Procedures.
(a) Meetings. The council shall meet regularly
at least twice a month, except during a four -
consecutive -week period to be determined by the
city council no later than April 15 of each year at
such times and places as the council may decide.
Special meetings may be held on the call of the
mayor or of a majority of the members upon no
less than twelve (12) hours' notice to each member.
In the event of an emergency, the mayor may call
for an immediate meeting of the council.
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(b) Rules and Journal. The council shall deter-
mine its own rules and order of business, and shall
keep minutes of its proceedings.
(c) Voting and Quorum. Voting on ordinances
and resolutions shall be by roll call, and each vote
shall be recorded in the journal. A majority of the
Supp. No. 5
4.1
§ 4.06
0
CHARTER
council will constitute a quorum. An gfi`irmative
vote of three (3) members shall be necessary to
enact any ordinance or adopt any resolution.
(Ord. No. 87-5, § 1, 1-14-87)
Editor's note —The amendment proposed by Ord. No. 87.5
was approved at an election held Mar. 10, 1987, and was cer-
tified by Res. No. R-87.84, 11. adopted Mar. 17, 1987.
Sec. 4.07. Ordinance and resolution.
(a) Procedures for Adoption. The meaning of the
terms ordinance and resolution, method of intro-
duction, requirements as to reading same, form
and manner of publication, procedures for emer-
gency ordinance, the requirements of a quorum
and number of affirmative votes, recording of the
vote; and effective date shall be determined by
and shall comply with the applicable provisions of
the Municipal Home Rule Law of the State of
Florida [Fla. Stats., ch. 1661.
Notices which contain legal descriptions shall
contain a street address or other descriptive ma-
terial which will enable the public to identify the
land involved.
The notice of agenda shall, in addition to the
temporary number, contain a brief description of
the subject matter of the ordinance or resolution.
By ordinance or Charter amendment the city
may specify additional requirements for the adop-
tion or enactment of ordinances or resolutions.
(b) Codification of Ordinances. From time to
time council shall arrange for a codification or
compilation of all ordinances. Such compilation or
codification shall be placed on file with the city
clerk, shall be made available for the use of the
public, and shall be made available for purchase
at a reasonable price. Certified copies of any or-
dinance may be received in evidence in all courts.
Sec. 4.08. Boards and advisory groups.
The council may create by ordinance adjust-
ment, regulatory and advisory boards, develop-
ment authorities, redevelopment authorities and
agencies, specifying the duties and membership
thereof. Members of these boards shall serve
without compensation except for necessary ex-
penses approved by the council. All such boards
shall be part of the city government and shall
5
14.12
have utilize the services of the city manager, city
clerk, and city attorney. When possible, each board
and advisory group shall have at least one (1)
member from each of the city's districts.
Sec. 4.09. Board of social services.
The council, by ordinance, shall create a board
of social services to study and make suitable rec-
ommendations to ensure the health, welfare and
safety of the residents of this community with par-
ticular emphasis on the special problems of the
aging.
Sec. 4.10. Public information committee.
The council, by ordinance, shall create a public
information committee consisting of at least three
(3) members from the general public.
The purpose of the committee is to improve com-
munication between the government and resi-
dents of Tamarac, and encourage citizen partici-
pation in city affairs.
(Amended election of 3-14-78; Ord. No. 84-69, § 1,
12-12-84)
Editor's note —Ord. No. 84-69 was approved at an election
held Mar. 12, 1985. The results were certified by Res. No.
R-85-102, 11, adopted Mar. 19, 1985.
Code reference --Public information committee, § 2.7.
Sec. 4.11. Consumer affairs committee.
The council, by ordinance, shall create a con-
sumer affairs committee for the purpose of pro-
tecting consumers in purchases of residences,
goods and services. They shall propose ordinances
to the council designed to protect consumers, co-
operate with other similar governmental bodies,
and perform such other duties as prescribed by
council.
Sec. 4.12. Investment advisory committee.
The council, by ordinance, shall create an in-
vestment advisory committee consisting of at least
five (6) members from the general public.
The purpose of the committee is to recommend,
counsel and advise the appropriate city officials
in all matters of financial investments as pro-
vided by state laws, ordinances, resolutions and
Charter of the City of Tamarac.
(Res. No. CBR-86-6, § 1, 1-17-86)
Editor's note —The provisions of CBR-86-6 were approved
at an election held Mar. 11, 1986.
Code references —Investment of city funds, 1 6.26; city
council investment decisions, 1 6.27.
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14.13
Sec. 4.13. Code enforcement board.
TAMARAC CHARTER
The council, by ordinance, shall create and ap-
point a seven -member code enforcement board
within ninety (90) days of the passage of this
amendment by the electorate. The organization
powers and function of this board shall be in com-
pliance and coextensive with state law.
(Res. No. CBR-86-8, § 1, 1-17-86)
Editor's note —The provisions of CBR4" were approved
at an election held Mar. 11, 1986.
Code reference --Code enforcement board, 1 2.71 at seq.
State law reference —Code enforcement board, F.S. Ch.
162.
ARTICLE V. CITY MANAGER
Sec. 5.01. General responsibility.
The city manager shall be the chief administra-
tive officer and shall be responsible to the council
for the administration of all city affairs placed in
his charge by or under this Charter.
Sec. 5.02. Appointment; removal; compensa-
tion.
(a) Appointment. The council shall appoint a
fully qualified city manager for an indefinite term
by a majority vote of all the councilmembers.
(b) Suspension or Removal. The council may sus-
pend or remove the manager by a majority vote of
all the councilmembers. Upon demand by the man-
ager a public hearing shall be held prior to sus•
pension or removal.
(c) Compensation. The compensation of the man•
ager shall be fixed by the council.
Sec. 5.03. Acting city manager.
The manager shall designate, subject to ap-
proval of the council, a qualified city administra-
tive officer to exercise the powers and perform the
duties of manager during his temporary absence
or disability. During such absence or disability,
the council may revoke such designation at any
time and appoint another qualified officer of the
city to serve until the manager shall return to his
duties.
6
Sec. 5.04. Powers and duties of the city man-
ager.
(a) Appointment of Department Heads and As-
sistant City Manager. He shall appoint and super-
vise the heads of all departments and assistant
city manager, if required, subject to the approval
of the majority of the council. The manager, sub-
ject to the approval of the council, shall appoint,
suspend, remove or demote the chief building of-
ficial. In circumstances which the council deems
appropriate, it may directly appoint, suspend, re-
move or demote the said official.
(b) Direction and Supervision of Departments,
Offices and Agencies. He shall direct and super-
vise the administration of all departments, in-
cluding the building department, offices and agen-
cies of the city, except as otherwise provided by
this Charter or by law.
(c) Suspension andlor Removal of Department
Heads and Administrators. He shall suspend or
remove any employee or appointive administra-
tive officer except as otherwise provided by law or
rules adopted pursuant to this Charter, when he
deems it necessary for the good of the city. He
may authorize any administrative officer who is
subject to his direction and supervision to exer-
cise such powers vested in that officer.
(d) Execution ofDuties. He shall ensure that all
laws, provisions of this Charter and acts of the
council, subject to enforcement by him or by of.
ficers subject to his direction and supervision, are
faithfully executed.
(e) Bonds, Contracts, and Issuance of Checks.
He shall execute bonds, contracts and issue checks
on behalf of the city pursuant to appropriate or-
dinances, resolutions and directions of the council.
(f) Collection of Revenues and Maintenance of
Records. He shall collect all city revenues [and]
keep proper records of all monies received by the
city.
(g) Purchasing Powers. He shall purchase sup-
plies and services, capital equipment, noncapital
equipment and contract for repairs and improve-
ments for the various departments, and contract
for the construction of public improvements.
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(h) Accounts, Audits, and Reporting. He shall
maintain a uniform system of accounts, and audit
such accounts of the departments, officers, and
appropriate employees; make reports thereof to
the council; immediately audit the accounts of any
Wicer or department head handling public funds
upon death, resignation, removal or expiration of
term of office.
0) Independent Audits. He shall cooperate with
independent auditors retained by the city, in-
cluding the right of such auditors to perform sur-
prise audits whenever so ordered by council.
(i) Administration of Oaths. He shall admin-
ister any oath required by law, resolution, or or-
dinance, and perform all other duties as may be
specked by law, this Charter, ordinance, resolu-
tion or act of council.
(k) Attendance at Council Meetings. He shall
attend all council meetings but may not vote; rec-
ommend to the council for adoption such mea-
sures as he may deem necessary or expedient in
the best interest of the city; report to the council
concerning the operations of departments, offices
and agencies, subject to his direction and super-
vision.
(1) Administrative Departments, Divisions and
Agencies. He shall exercise the administrative
powers of the city through such departments, di-
visions, and agencies as the council may, by ordi-
r a-w-P, from time to time, establish. The head of
each department, division or agency, except as
otherwise provided by law or by this Charter, shall
be responsible to the manager for the operation
thereof, and shall perform such duties and have
such powers as may be prescribed. Two (2) or more
departments and/or divisions and/or agencies may
be headed by the same individual.
Sec. 5.05. Oath of office.
Every officer and employee shall, before en•
tering upon his or her duties, take and subscribe
to a uniform oath or affirmation before the man-
ager, to be kept on file in the office of the man-
ager.
16.03
ARTICLE VI. QUALIFICATIONS AND
ELECTIONS
Sec. 6.01. Qualifications of electors.
Any citizen of the United States who is a reg-
istered elector in Broward County and who re-
sides within the corporate limits shall qualify as
an elector of the city.
State law reference —Qualifications of municipal electors,
F.S. 1 166.032,
Sec. 6.02. Districts.
The city is hereby divided into four (4) separate
political districts, to be known as districts One,
Two, Three and Four. One (1) councilmember and
one (1) charter board member shall reside in each
district. Electors of the city desiring to qualify
and run for the office of councilmember or charter
board member from a district must reside within
the territorial boundaries of the appropriate dis-
trict.
(Ord. No. 81-65, $ 1, 12-28-81)
Editor's note -.Ord. No. 81.65 was approved at an election
of Mar. 9, 1982. Rea. No. R-82.78, 11, adopted Mar. 16, 1978,
declared the results of the election.
Sec. 6.03. Redistricting.
Each year, within thirty (30) days after the day
of the municipal election, the city clerk shall as-
certain the current number of registered voters in
each of the four (4) districts of the city as of the
day of the election (from the Broward County Su-
pervisor of Elections) and determine in a written
report to the city council and the charter board if
any of the districts contain less than twenty-two
and one-half (22.50) percent or more than twenty-
seven and one-half (27.50) percent of the total reg-
istered voters in the city. If such is the case, then
within forty-five (45) days after the election day a
redistricting committee shall be appointed as a
board for redistricting. The redistricting com-
mittee shall consist of nine (9) public members
who are Broward County registered voters and
residents in the city. Four (4) public members shall
be appointed by city council, (one (1) member from
each district). Four (4) public members shall be
appointed by the charter board, (one (1) member
from each district). One (1) public member shall
be appointed by the eight (8) previously appointed
1 6.03
TAMARAC CHARTER
public members. The committee shall elect its own
chairman.
The redistricting process shall commence within
two (2) weeks after the committee for redistricting
has been appointed. The redistricting committee
shall establish four (4) districts, each containing
as close to one -quarter of the total registered voters
as possible in a contiguous region without di-
viding any precinct, residential rental or condo-
minium development, or residential section. At
least five (5) affirmative votes of the committee
shall be needed to adopt a report.
The report of the committee shall be final. It
shall include a map and description of the dis-
tricts determined and shall be delivered to a joint
meeting of the city council and the charter board
within one hundred eighty (180) days after the
municipal election day. A copy of the redistricting
report in effect shall be kept on file with the city
clerk for inspection or purchase by the public.
Members of the redistricting committee shall serve
without compensation.
The redistricting committee shall be discharged
at the last regular city council meeting prior to
the next municipal election day.
(Ord. No. 80-3, § 1, 1-3-80; Ord. No. 83-53, § 1,
12-22-83)
Editor's note —The provisions of Ord. No. 80-3 were ap-
proved at an election held Mar. 11,1980, and the provisions of
Ord. No. 83.53 were approved at an election held Mar. 13,
1984.
Sec. 6.04. Elections.
There shall be no primary elections for munic-
ipal 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
ten (10) days after election with the speck day to
be decided by ordinance.
8
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Candidates for any office shall run citywide.
State law reference —Uniform election dates in Broward
County, haws of Fla. chs. 75450, 76.336, 77-507, 81.349.
Sec. 6.05. General election law.
All elections shall be conducted, except as oth-
erwise specifically provided for in this Charter,
under the rules for elections prescribed by the gen-
eral election laws of the State of Florida.
State law reference —Florida Election Code, F.S. chs. 97-
106.
Sec. 6.06. Candidates.
Any elector resident of the city may be a can-
didate for the office of mayor and any elector res-
ident of the city who resides within the territorial
boundaries of a district may be a candidate for the
office of councilmember for that district. Each can-
didate shall file a verified notice of candidacy in
such form as may be required by municipal law
with the city clerk, and pay such fee as may be
required by municipal law. The qualifying period
shall be as set forth by the laws of Florida.
(Ord. No. 79-8, § 1, 1.15-79)
Editor's note --The provisions of Ord. No. 79-8 were ap-
proved at an election held on Mar. 13, 1979.
State law reference —Qualifying period. Laws of Fla. ch.
77.507.
Sec. 6.07. Arrangements for elections.
The city clerk shall make all necessary arrange-
ments with the appropriate county officials f-r
holding all elections and referendums; shall state
where and when said elections shall be held, name
the offices to be filled, and if applicable, the issues
to be decided, and shall publish the foregoing in-
formation as provided by law. Any special elec-
tion or referendum wherein the time is not other-
wise set by law, shall be held within sixty (60)
days of the date request is made on the city clerk
to make suitable arrangements, or within sixty
(60) days after any circumstance which makes such
election necessary.
Sec. 6.08. Returns and certificates of elec-
tions.
All municipal elections shall be canvassed by
the Broward County Canvassing Board, which
shall certify the results to the city clerk. Absentee
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ballots will be canvassed as provided by state law.
The city clerk shall certify the results of the elec-
tion to the council within one (1) working day after
receipt of certification by the Broward County Can-
vassing Board.
(Ord. No. 79.8, § 6, 1-15-79)
Editor's note —The provisions of Ord. No. 79.8 were ap-
proved at an election held on Mar. 13, 1979.
State law reference —Canvassing of elections, Laws of Fla.
ch. 76-350, § 8.
Sec. 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 initiative is reserved to the people of this city.
This power may be invoked by filing with the man-
ager 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 determination
within thirty (30) days, the manager is empow-
ered to do so.
(b) The council, upon receipt of certification from
the county supervisor of elections and/or manager
of the petition, shall, within ninety (90) days after
such receipt, call for a special referendum election
in accordance with the petition and in conformity
with the law pertaining to the holding of elec-
tions.
(c) On approval by a majority of the electors
voting on said referendum, the proposal shall be-
come effective immediately upon the certification
of the results of the election by the city clerk to
the council.
(d) The initiative power shall not extend to the
proposing of changes of any part or all of the an-
nual budget or capital program or ordinance
making or repealing any appropriation of money,
fixing the salaries of city officers or employees or
authorizing or repealing the levy of taxes.
Supp. No. 8
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§ 7.03
(e) The council, within ninety (90) days after
effective date of this Charter, shall provide by or-
dinance, procedures relating to the form and re-
quirements of a petition for initiative referendum.
(f) The city clerk shall supply without delay at
request and free to any citizen, a copy of the city
ordinance relating to initiative referendum and
the number of qualified electors as at the time of
the last general election.
ARTICLE VII. FINANCIAL PROCEDURES
Sec. 7.01. Fiscal year.
The fiscal year shall begin annually on the first
day of October and shall end on the last day of
September.
State law reference --Fiscal year, F.S. § 166.241.
Sec. 7.02. Submission of budget and mes-
sage.
The manager shall, on or before July 30 [thir-
tieth] of each year, submit to the council a budget
for the ensuing fiscal year, together with a mes-
sage, which shall outline proposed financial poli-
cies; describe important features of the budget;
explain any major changes from the current year
in financial policies, expenditures and revenues;
summarize the city's current and overall finan-
cial and debt position and include such other ma-
terial as he deems desirable, and as the council or
Charter may require.
(Ord. No. 86-44, § 1, 7-22-86)
Editor's note —The provisions of Ord. No. 86.44 were ap-
proved at a general election held on November 4, 1986,
Sec. 7,03. Form and content of budget and
limitation on unappropriated sur-
plus.
The general fund budget shall be presented on
an accrual basis for expenditures and on a modi-
fied accrual basis for revenues, and shall provide
a complete financial plan of all funds and activi-
ties for the ensuing fiscal year, and shall contain
such details and be in such form as may be re-
quired by law and by the council. Also, it shall
show comparative figures of expenditures and rev-
enues for the current and past fiscal year detailed
§ 7.03
TAMARAC CODE
to show the increase and decrease in dollars. The
total of estimated expenditures shall not exceed
the total of estimated revenue and appropriated
fund balance.
The city may maintain an unappropriated sur.
plus of no more than ten (10) percent of its total
proposed expenditures of the general fund budget.
No more than five (5) percent of expenditures of
the general fund budget may be included in the
budget for contingencies that may not have been
included or which may have been underestimated
in the proposed expenditures. This figure does not
include unappropriated surplus.
The city shall adopt formal budgets for all other
funds when it deems such budgeting to be consis-
tent with generally accepted accounting princi-
ples or when required by law.
(Ord. No. 80.2, § 1, 1-3-80; Ord. No. 83-53, § 1,
12-22.83)
Editor's note --The provisions of Ord. No. 80.2 were ap-
proved at an election held Mar. 11, 1980, and the provisions of
Ord. No. 83-53 were approved at an election held March 13,
1984.
Sec. 7.04. Capital program.
The City of Tamarac shall prepare and main-
tain a capital program pursuant to Chapter 163,
Florida Statutes, the "Local Government Compre-
hensive Planning and Land Development Regu-
lation Act."
(Amended election of 3-14-78; Ord. No. 92.7, § 1,
1-16.92)
Editor's note -The provisions of Ord. No. 92.7 were ap-
proved at an election held on Mar. 10, 1992, and certified by
Res. No. R-92-36, § 1, adopted Mar. 17, 1992.
Sec. 7.05. Council action on budget.
The City Council is hereby required to comply
with State law in the preparation of and the adop-
tion of the annual budget. Specifically, the Council
is to follow all requirements set forth in Chapters
200, "Determination of millage," and 218, "Fi-
nancial matters pertaining to political
subdivisions."
(Ord. No. 79.8, § 1, 1-15.79; Ord. No. 92.8, § 1,
1-16-92)
Editor's note -The provisions of Ord. No. 7" were ap-
proved at an election held on Mar. 13, 1979. The provisions of
Ord. No. 92-8 were approved at an election held on Mar. 10,
Supp. No. 8 10
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1992, and certified by Res. No. R-92.36, 11, adopted Mar. 17.
1992.
State law reference -Procedures for adoption of budget
and fixing millage, F.S. ch. 200.
Sec. 7.06. Council action on capital program.
The City of Tamarac shall prepare and main-
tain a capital program pursuant to Chapter 163,
Florida Statutes, the "Local Government Compre-
hensive Planning and Land Development Regu-
lation Act."
(Ord. No. 92.9, § 1, 1-16-91)
Editor's note -The provisions of Ord. No. 92-9 were ap-
proved at an election held on Mar. 10, 1992, and certified by
Res. No. R-92.36, § 1, adopted Mar. 17, 1992, declared the
results of that election.
Sec. 7.07. Public records.
Copies of the budget and the capital program as
adopted shall be public records, shall be in the
custody of the city clerk, and shall be made avail-
able to the public at a reasonable price and within
two (2) weeks of adoption of the budget and/or
approval of the capital program.
Sec. 7.08. Deposit and investment of city
funds.
(a) City Depositories. The council shall, no less
frequently than April of each year, designate
banks or trust companies, in its discretion, as city
depositories. The council shall establish rules and
regulations governing the deposits, withdrawals
of funds, security to be deposited by the deposi-
tory and other safeguards for the deposited city
funds.
(b) Deposit of City Funds. All fees and monies
collected and received by officers and employees
shall on the date of receipt be given to any appro-
priate city officer for deposit in the city deposito-
ries.
(c) Investment of City Funds. Any city funds on
deposit not currently needed for public purposes,
shall be invested in instruments or institutions as
authorized by Florida Statutes.
(Res. No. CBR-86-1, § 1, 1.17-86; Res. No. CBR-
86-2, § 1, 1-17-86; Ord. No. 86-45, § 1, 9-5-86)
Editor's note -The provisions of CBR-86.1 and CBR-86-2
were approved at an election held March 11, 1986. The provi-
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lions of Ord. No. 86-45 were approved at a general election
held on November 4, 1986.
Bee. 7.09. independent audit of city accounts.
The council shall provide for an independent
annual or more frequent audit of all city accounts
and shall request the auditing firma to make rec-
ommendations for improving the city's financial
practices. Such audit shall be made by a certified
public accountant and/or firm of such accountants,
who have no personal interest, direct or indirect,
in the fiscal affairs of the city government or any
of its officers. Such independent audit shall be
furnished to the council.
The council may, without requiring competi-
tive bids, designate such accountant or firm an-
nually, or for a period not exceeding three (3) years.
The council may also provide for a surprise audit
by enactment of an emergency ordinance, as pro-
vided by law. If the state makes an audit, the
council may accept it if it meets the requirements
of this section. All audits shall be made public
within thirty (30) days after receipt of the audit
by the council.
State law reference —Independent audit required, F.S. §
218.32.
Sec. 7.10. Appropriations amendments.
(a) The city manager shall report promptly to
the city council concerning the probability of funds
in excess of appropriations or the probability of
funds insufficient to cover appropriations, together
with recommendations for suitable action.
(b) The council may utilize excess funds for sup-
plemental appropriations or transfer such funds
to the general account.
(c) With regard to deficits, the council shall take
action as empowered by law, including but not
limited to reduction in staff and/or services, de-
ferment or abandonment of capital projects, bor-
rowing of adequate funds or amendment of the
budget.
(d) The city manager may transfer funds within
a department, and with the approval of the council,
may transfer funds between departments, as is
permitted by law.
Supp. No. 8
11
§ 7.13
Sec. 7.11. Requirements for public bidding.
All contracts for the purchase of capital equip-
ment, and for improvement and construction con-
tracts of any type, available from more than one
(1) source, or which cannot be performed with city
personnel which shall exceed the sum of ten thou-
sand dollars ($10,000.00) shall be competitively
bid.
Published notice covering each such intended
purchase or project shall appear in at least one (1)
daily newspaper of general city circulation once
each week for two (2) consecutive weeks. The first
such notice shall be published at least ten (10)
days prior to the bid opening date. The second
notice shall be published no sooner than five (5)
days after the initial notice publication.
Each invitation for bid shall contain an accep-
tance clause granting the city a minimum of thirty
(30) days for bid acceptance, during which time
the tendered bid shall remain valid. .
,(Ord. No. 81-61, § 1, 11-30-81; Ord. No. 90-28, § 1,
7-11-90)
Editor's note —Ord. No. 81.61 was approved at an election
held Mar. 9, 1982. Res. No. R-82.78, § 1, adopted Mar. 16,
1978, declared the results of the election. Ord. No. 90.28 was
approved by the electorate Sept. 4, 1990.
Sec. 7.12. Emergency expenditures.
"Emergency" as used in this section shall refer
to circumstances which shall require immediate
action for the protection of the safety, health and
welfare of the community or any segment thereof.
The manager is authorized to determine if an
emergency exists. If an emergency does exist, the
manager shall authorize emergency expenditures.
The manager shall endeavor to secure proposals
for these supplies or services from at least two (2)
separate sources and will report to the council
concerning his efforts.
The council, by ordinance, shall establish guide-
lines and procedures for emergency purchases.
(Ord. No. 83-53, § 1, 12-22-83)
Editor's note —The provisions of Ord. No. 83.53 were ap-
proved at an election held Mar. 13, 1984.
Sec. 7.13. Requirements for referendum.
In addition to complying with public bidding
requirements, no capital facility or improvements
§ 7.13
TAMARAC CODE
or contract for acquisitions or construction of such
facility or improvements involving a cost to the
city in excess of two and one-half (21/2) percent of
the then current general fund and enterprise fund
budgets, or requiring the borrowing of funds by
the city, or the issuance of bonds to fund such
capital facility or improvements shall be autho-
rized or initiated until such improvements and
the borrowing of funds or the issuance of bonds
therefor have been approved by a majority of the
qualified electors voting on such issue at a special
or general election. if the capital facility or im-
provement or acquisition or construction is eli-
gible for grant funding, then the two and one-half
(21/2) percent limitation of this section shall only
apply to the funds paid by the city (matching
funds), not the entire project cost.
The referendum requirement of this section
shall not apply to capital projects within the water
and sewer utility systems of the City. Nor shall it
apply to expenditures mandated by federal or state
governments.
(Ord. No. 83-53, § 2, 12-22-83; Res. No. CBR-84-2,
§ 1, 1-11-85; Ord. No. 86-47, § 1, 9-5.86; Ord. No.
92-4, § 1, 1.16.92; Ord. No. 92-5, § 1, 1-16-92)
Editor's note —The provisions of Ord. No. 83-53 were ap-
proved at an election held March 13, 1984. The amendment
proposed by Charter Board Rea. No. CBR 454-2 was approved at
an election held March 12, 1985, and was certified by Res. No.
R-85.102, § 1, adopted March 19, 1985. The provisions of Ord.
No. 86-47 were approved at a general election held on No-
vember 4, 1986, The provisions of Ord. No. 92.4 and Ord. No.
92.5 were approved at an election held on Mar. 10, 1992, and
certified by Res. No. R.-92-36, 11, adopted Mar. 17, 1992, de-
clared the results of that election.
Sec. 7.14. Expenditure for professional ser-
vices.
Contracts for the service of professionals, in-
cluding but not limited to architects, engineers,
surveyors and attorneys, are to be entered into in
accordance with Florida law.
(Ord. No. 83-53, § 1, 12-22-83)
Editor's note —The provisions of Ord. No. 83-53 were ap•
proved at an election held Mar. 13, 1984.
State law reference —Consultants' Competitive Negotia-
tion Act, F.S. 1287.055.
Sec. 7.15. Council action; public bidding.
When public competitive bidding is required,
the council shall award the contract to the lowest
Supp. No. 8 12
fully responsive and responsible bidder, and con-
tract for the supplies and services as delineated
by the terms of the invitation for bid. The council
may require such bidder to provide a legally
binding faithful performance bond.
The necessary documentation shall be approved
by the city attorney prior to the execution of such
documents.
Sec. 7.16. Bonds and municipal borrowing.
The city shall have full power and authority to
issue municipal bonds or to borrow funds for mu-
nicipal purposes to the extent authorized by and
subject to the limitations provided in the Consti-
tution of the State of Florida, the Municipal Home
Rule Law, other statutes and this Charter; pro-
vided further that bonds intended for the funding
or refunding of an acquisition or construction of a
capital project shall not be issued until such project
and such issuance has been approved by a ma-
jority of the qualified electors voting on the issue
at a special or general election.
State law reference —Authority for municipal borrowing,
F.S. § 166.101 et seq.
Sec. 7.17. Taxation.
(a) Authority to Levy Taxes. The council shall
have the full power and authority to levy upon
the taxable property within the corporate limits
of the city such millage or tax to raise funds needed
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for the operation and public purposes of the city;
to levy such additional taxes as may be necessary
to pay interest on present or future outstanding
bonds, and provide a sinking fund for the redemp-
tion of said bonds; and to levy all further taxes
which are authorized by law for municipal pur-
poses.
(b) Assessment and Collection. The functions of
tax assessing and tax collection of the city shall
be consolidated and those responsibilities placed
with the appropriate county officials as provided
by law.
(c) Tax Foreclosure. The city shall have the
power to impose and foreclose city tax and special
assessment liens as provided by law.
State law references —Authority for municipal taxation,
F.S. 1 166.20,1 et seq., # 205.01 et seq.; ad valorem taxation,
F.S. ch.193 et seq.; foreclosure of municipal liens, F.S. ch.173.
Sec. 7.18. Utilities and other special services.
The city shall have the authority, unless the
law specifies otherwise, to supply water, elec-
tricity, and other sources of power, sewerage dis-
posal, and gas for domestic and other purposes;
facilities for geriatric and other medical care, day
nurseries, etc., to individuals, firms, corporations
and other municipalities. Further, for such enter-
prises, the city may charge rates to be fixed by
ordinance, at a higher level to the consumer than
otherwise may be charged within the corporate
limits of the city for a like type and class of ser-
vice. The operational budgets for all such special
services, if any, shall be presented outside of and
apart from the figures comprising the regular
budget of the city; and the city manager shall be
fully responsible in ensuring that the expenses
and revenues involved in the operation of such
facilities shall not be commingled with any of the
regular budget -approved expenses and revenues
of the city.
Sec. 7.19. Franchises.
(a) Granting Franchises. The council may, by
ordinance, except where referendum is required
after public notice and public hearings, grant a
nonexclusive franchise to any individual, com-
pany, firm, or corporation to exercise public func-
tions in the city and to construct and operate any
Supp. No. 5
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§ 8.01
and all public utilities in the city and in, under, or
over the streets and public places of the city, and
to use such public property in connection there-
with; but no franchise or renewal thereof shall be
for a longer period than forty (40) years. All fran.
chises or rights to extend the services of any public
utility shall be subject to such terms and condi-
tions as the council shall impose.
(b) Rates and Conditions of Franchises. The
council shall set forth in detail the consideration
for such franchise, the rates, kind and quality of
use, service or product to be furnished, the manner
in which public streets and public places shall be
used and occupied, and such other terms and con-
ditions as are required by law. No franchise, or
renewals thereof, shall be leased, assigned or oth-
erwise alienated, except with the consent of the
council expressed by ordinance, and evidenced by
a formal instrument and consent to same, recorded
in the public records of Broward County.
(c) Franchises Subject to Regulation by the City.
All franchises shall be subject to city control at all
times in respect to the use in, over, across, or under
all streets, alleys, public grounds or other public
places, occupied by public utility fixtures; and
when, in the opinion of the council, the public
interest so requires, it may cause such fixtures to
be reconstructed, relocated, altered or discontinued
at the expense of the holder of the franchise; and
the city shall at all times have the power to enact
all regulatory ordinances affecting utilities which
in the opinion of the council are required in the
interest of public health, safety or welfare.
ARTICLE VM- CHARTER BOARD
Sec. 8.01. Terms and qualifications.
{a) Membership. The charter board shall con-
sist of five (5) members. Four (4) members shall
reside in different districts, and one (1) member
shall run at large. Charter board members from
odd -numbered districts and the at -large member
shall be elected in each odd -numbered year, and
charter board members from even -numbered dis-
tricts shall be elected in each even -numbered year.
Beginning with the 1985 municipal election and
effective for all elections thereafter, charter board
§ 8.01
TAMARAC CHARTER
members who are elected to office shall not suc-
ceed themselves for more than one (1) term,
without an intervening term, regardless of the
district or seat they might hold.
(b) Chairman and Vice -Chairman. Each year,
as soon as possible after new members have taken
office, the board shall elect a chairman and a vice-
chairman.
(c) Extended Absence from Office. Any charter
board member who is absent from three (3) con-
secutive 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 provi-
sions of this Charter.
(d) Filling of Vacancy. In the event of a va-
cancy, the board shall elect 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 expiring term or
until the next general election, whichever comes
first.
(e) Member Must be Elector. Any elector resi-
dent of the city may be a candidate for and if
elected may serve on the charter board only as
long as he is an elector of the city.
(f) Membership Districts. At the 1983 election,
candidates from districts 1 and 3 and the at -large
member shall be elected. At the 1984 election,
candidates from districts 2 and 4 shall be elected.
Charter board members elected in 1981 and 1982
shall be entitled to serve for the balance of their
terms.
(Ord. No. 80.82, § 1(2), 7.23.80; Ord. No. 81-65, §
1,12.28-81; Ord. No. 83.53, § 1,12.22.83; Ord. No.
88-25, § 1, 9.7.88)
Editor's note• -Question 2 of 81 of Ord. No. 80-82, adopted
July 23, 198o, was approved by the voters at an election held
Nov. 4, 1980.Ord. No. 81-65 was approved at an election held
on Mar. 9,1982. Res. No. R-82.78, # 1, adopted Mar. 16, 1978,
declared the results of the election. The provisions of Ord No.
83.53 were approved at an election held on Mar. 13,1984. OrdL
No. 88.25 was approved at an election held on Nov. 8, 1988,
5upp. No. 5 14
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-
and Res. No. R-88.312, ff 1, 2, adopted Nov. 11,1988, declared
the results of that election.
Sec. 8.02. Duties and powers.
(a) The board shall have the power to investi-
gate specific violations involving nonfeasance, mis-
feasance and malfeasance such as fraud, dishon-
esty, illegal personal gain at public expense,
misappropriation of city funds, violations of con-
flict of interest or other acts of public infidelity. In
the course of pursuing such functions, board mem-
bers may make initial inquiries of elected or ap-
pointed officials of the city, and staff or emnlny-,-s
concerning such acts, governance or administra-
tion of the city so as to ascertain whether formal
investigation may be recommended to or war-
ranted by the board; and all such officers, staff or
employees shall provide information to and coop-
erate with board members making such inquiries.
After report by a board member, if the board de-
termines a formal investigation is warranted, the
board shall so declare and may then proceed with
such investigation, shall hold public hearings
thereon, may administer oaths and affirmations,
subpoena witnesses or other matter, and take tes-
timony and other evidence in pursuance of such
investigation. The board may further promulgate
such rules and regulations governing such inves-
tigatory procedures as are not inconsistent with
this Charter. The results of such investigation may
be filed as provided in section 8.03(a).
(b) The board shall consider and propose amend-
ments to the Charter. The board, by a vote of at
least three (3) affirmative votes, shall have the
right to submit such proposals to referendum at
the next city-wide election. In order to be consid-
ered, the board shall conduct a public hearing on
the proposed Charter amendments; and such pro-
posed Charter amendments shall be submitted in
final form to the city clerk in sufficient time for
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inclusion of such proposed amendments on the
ballot. Proposed Charter amendments may be sub-
mitted to the voters in any election that is con-
ducted by the supervisor of elections in which all
voters in the city are eligible to vote.
(c) The board may participate with the man-
agei and assigned officials in preparation and re-
view of the budget..
(d) The board shall participate in the redis-
tricting of the city by providing such information
and guidance as may be requested by the redis-
tricting committee.
(e) The board, upon request of the council., shall
make special studies and investigations.
ff)-d No. 83.53, $ 1, 12-22.83; Res. No. CBR-86-3,
$ 1, 1-17.86; Res. No. CBR-86.4, § 1, 1.17-86)
Editor's note —The provisions of Ord. No. 83-53 were ap-
proved at an election held Mar. 13, 1984. The provisions of
both CBR-86.3 and CBR-864 were approved at an election
held Mar. 11, 1986.
Sec. 8.03. Assistance, budget and reports.
(a) All reports of the board's activities shall be
filed with the council and the manager for appro•
priate action. In the event that satisfactory re-
sponses or corrective measures are not made
within thirty (30) days, the charter board shall
have the right to pursue such matter with the
appropriate authorities, including, but not lim-
ited to, the offices of the state's attorney, U.S.
Attorney or Attorney General, and shall have the
authority and judicial standing to seek declara-
tnrL and injunctive relief in the courts for inter-
fntinn and enforcement of the provisions of this
%,:,a, bvr an,"' misappropriation of funds.
(b) The board shall be entitled to use the ser-
vices of the city attorney and his assistants, ac-
countants, secretaries, and other city staff. When
any of the following occurs:
(1) Such service is not available;
(2) The city attorney decides that a conflict of
interest exists; or
(3) Upon the of b-mative vote of three (3) or
more members of the charter board, the
charter board may appoint an attorney
(counsel to the charter board) and such as-
sistant attorneys as may be necessary, who
Supp. No. 3
15
10.03
shall serve at the pleasure of, and at such
compensation as may be determined by, the
charter board.
(c) The board, in cooperation with the city man.
ager, shall develop its own operating budget; all
expenses charged against the approved budget
shall require the approval of the board.
(d) The board shall be entitled to the use of the
city hall facilities for its meetings and shall de-
termine its own rules and order of business.
(Res. No. CBR-84-1, $ 1, 8-17.84; Res. No. CBR-
84.4, $ 1, 1-11.85)
Editor's note --The amendment to 8 8.03(b) proposed by
Charter Board Res. No. CBR-84.1, adopted Aug.17,1984, was
approved at an election held Nov. 6, 1984. Res. No. R-84.357,
adopted Nov. 24, 2984, certified the results of the election. The
amendment adding subsection (a) proposed by Charter Board
Res. No. CBR-84.4 was approved at an election held Mar. 12,
1985, and was certified as Res. No. R-85.102,11, adopted Mar.
19, 1985. The provisions of CBR-86.5 were approved at an
election held Mar. 11, 1986.
ARTICLE X. CITY CLERK
Sec. 10-01. Appointment and compensation.
The city clerk shall be appointed by the man.
ager with the consent of the council and compen-
sation fixed by the council:
Sec. 10.02. Powers and duties.
The city clerk shall be the official custodian of
the city's seal and of all city records and papers of
an official character; the city clerk shall give no-
tice of council meetings as provided by law; shall
attend all council meetings; shall keep minutes of
its proceedings, the correctness of which shall be
approved by the council and then certified by the
city clerk and the presiding officer at such meeting,
sign all ordinances and resolutions and record
them in full in books kept for such purposes; and
shall perform such other duties as are required by
law, the council or the city manager.
Sec. 10.03. Suspension or removal.
The city clerk may be suspended or removed by
the manager with the consent of the council. How-
*Mtor's note —Article M relating to the municipal judge
and court, If 9.01-9.16, has been deleted as superseded by
art. V, 1 20(d)(4) of the state constitution, which abolished
municipal courts and trwnferred jurisdiction to the county
judge's court.
r
1 10.03
TAMAitAC CHARTER
ever, upon demand by the city clerk, the council
shall hold a public hearing prior to suspension or
dismissal.
ARTICLE XI. CITY ATTORNEY
Sec. 11.01. (Office created; appointment;
powers and duties.]
There shall be an office of city attorney.
The council shall appoint a city attorney and
such assistant city attorneys, as may be neces-
sary, who shall serve at the pleasure of, and at
such compensation as shall be determined by, the
council. They shall legally represent the munici-
pality, its agencies, departments, officials and em-
ployees and boards in all matters relating to offi-
cial duties; and to that end they shall perform all
such professional duties relating to legal repre-
sentation as may be required by this Charter or
by the council. The said attorneys shall be duly.
licensed to practice law in the State of Florida.
The terms and conditions of the service of the city's
attorneys shall be in the best interests of the City
of Tamarac.
(Ord. No. 90.27, § 1, 7-11-90)
Editor's note —The provisions of Ord. No. 90.27 were ap-
proved by the electorate on Sept. 4, 1990.
ARTICLE XII. BUSCELLANEOUS
PROVISIONS
Sec. 12.01. Personnel procedures.
(a) All employees shall be appointed or pro-
moted solely on the basis of their qualifications
and fitness.
(b) The manager shall ensure that all employees
receive a personnel manual.
Sec. 12.02. Retirement or pension plan.
The council shall, when it proposes to adopt a
retirement or pension plan for city employees, pub-
lish in one (1) or more daily newspapers of general
circulation in the city a general summary of the
plan and together with an analysis of costs and
future budgetary consequences; and a notice
stating the time and places where copies of the
Supp. No. 3
16
plan are available for inspection by the public,
and the time and place, not less than two (2) weeks
after suc',: publication, for a public hearing on the
plan.
The council shall establish and maintain a re-
tirement plan for city employees. This is in rec-
ognition of the need to provide for a retirement
program for the benefit of city employees.
The investments and administration of the plan
shall conform with the city charter provisions re-
garding investment of city funds, city ordinances,
all requirements of federal and state laws and
applicable rules and regulations thereunder. and
will preserve and maintain the interest of the par.
ticipants.
(Res. No. CBR-86.7, $ 1, 1.17.86)
Editor's note —The provisions of CBR-86.7 were approved
at an election held Mar. 11, 1986.
Code reference —Retirement plan for city employees, 1
16.126 et seq.
Sec. 12.03. Removal from office.
Any person holding an elective position with
the city or an appointive noncompensated posi-
tion or an appointive compensated position that
does not fall under the hiring and tlring powers of
the council and the city manager shall be re-
moved from office upon a finding by the courts,
after due process by trial and appeal, that said
person has intentionally or repeatedly violated
some substantial provision of the Charter which
provides safeguards for the rights of the people as
opposed to minor procedural provisions. At said
trial, the accused has the right to be informed of
the charges against him, to employ an attorney at
city expense, to subpoena witnesses and to be
heard and confronted by his accusers.
Sec. 12.04. Conflict of interest.
The council, in conformity with existing law,
shall, by ordinance, establish regulations to pro-
hibit conflict of interest.
State law reference —Code of ethics, F.S.1112.311 et seq.
Sec. 12.05. Provisions of state law applicable
to city planning and zoning.
The Florida Statutes relating to planning and
zoning are considered applicable to the city, and
the procedures therein set forth shall be utilized
by said city. Except that the council shall not del
CHARTER
agate to any zoning commission final approval on
zoning and planning matters; but, on the con.
trary, the council shall be the final authority.
Sec. 12.06. Residential growth control.
The city council shall have the power and the
duty to adopt such fair and equitable controls over
the rate and amount of residential construction
permitted, either by means of zoning provisions,
density limitations, and/or a permit system, to en-
sure that the rate of growth of residential popu-
lation does not exceed the city's ability to furnish
the necessary facilities and services to accommo-
date said population, or that the total amount of
residential population does not exceed the nat-
ural resources available in the area to support
said residential population.
Sec. 12.07. Reserved.
Editor's note —Section 12.07, requiring a referendum for
change of zoning for land zoned for recreational uses, having
been declared unconstitutional by the Broward County Cir-
cuit Court and the Fourth District Court of Appeals, was re-
pealed by 11 of Ord. No. 8444, adopted July 25, 1984.
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 un-
less written notice of such damage or loss is pre-
sented within ninety (90) days after the alleged
injury to the council or the city manager by such
injured person, his agent, or attorney, with such
reasonable specifications as to time, place and wit-
nesses as would enable the proper city officials to
investigate the matter, and provided however, that
the said complainant also complies with all re-
quirements of law.
State law reference-.6overeign immunity and tort lia-
bility, F.S. 1768.28.
Sec. 12.09. Signatures to bonds, checks, con-
tracts, etc.
All bonds and checks shall be signed by the
mayor and manager. All contracts or other instru-
ments to which the city is a party shall be exe-
17
1 13.01
cuted by the mayor and attested by the manager,
except where the execution of short-term leases
and instruments are delegated by ordinance or
resolution to other officials.
Sec. 12.10. Amendments.
This Charter may be amended as specified
herein, by special acts of the Legislature of the
State of Florida, or by any other manner provided
for by law. The council may not amend this
Charter by ordinance.
State low reference —Amendment of charters, F.S, 1
166.031.
Sec. 12.11. General laws to apply.
All general laws of the state and county appli-
cable to municipal corporations, now existing or
which may hereafter be enacted, and which are
not legally superseded by the provisions of this
Charter or the ordinances or resolutions hereafter
enacted by the council, shall be applicable to this
city; provided, however, nothing contained in this
Charter shall be construed as limiting the power
of the council to enact any ordinance or resolution
not in conflict with the constitutions of this state
and of the United States, or with the express pro-
visions of this Charter.
ARTICLE XIII. CORPORATE LIMITS
Sec. 13.01. Boundaries.
The municipal boundaries of the City of Tam-
arac are hereby defined and specifically described
as follows:
Beginning at the northeast corner of the plat of
Tamarac Lakes, as recorded in Plat Book 58, Page
40, of the Public Records of Broward County,
Florida, being more particularly described as the
northeast corner of the south one-half (S%) of the
southwest one -quarter (SW I.) of Section 16, Town-
ship 49 South, Range 42 East, Broward County,
Florida;
Thence southerly along the east line of the
southwest one -quarter (SW%) of said Section 16, a
distance of 1,016.92 feet to a point of intersection
with the south right-of-way line of Prospect Field
Road (State Road 582);
�4
(f r?,g - /
7'"
I
113.01
TAMARAC CHARTER
Thence north 77 degrees 39' 11" west along said
south right-of-way line a distance of 1,353.68 feet;
Thence south 01 degrees 15' 35" east 51.44 feet;
Thence north 77 degrees 39' 11" west to a point
of intersection with the east line of Section 17,
Township 49 South, Range 42 East, Broward
County, Florida;
Thence westerly and northerly along said right•
of -way line to the south line of the north one-half
(N%) of the northwest one -quarter (NWV4) of the
southeast one -quarter (SEV4) of said Section 17;
Thence westerly along the said south line and
along the south line of the north one-half (N%) of
the northeast one -quarter (NEVO of the southwest
one -quarter (SWV4) of said Section 17 to the east
line of the northwest one -quarter (NWT/.) of the
southwest one -quarter (SW'/.) of said Section 17;
Thence southerly along the said east line to the
south line of the said northwest one -quarter
(NW V4) of the southwest one -quarter (SW Y4) of Sec-
tion 17;
Thence westerly along the said south line and
along the south line of the east one-half (E%) of
the northeast one -quarter (NE'/4) of the southeast
one -quarter (SEY4) of Section 18, Township 49
South, Range 42 East, to the west line of the said
east one-half (E%);
Thence northerly along the said west line to the
south right-of-way line of N.W. 50th Street, being
555 feet south of and parallel with the north line
of the south one-half (S%) of said Section 18;
Thence westerly along the said south right-
of-way line to a line 861.25 feet west of and par-
allel with the east line of the southwest one -
quarter (SW'/+) of said Section 18;
Thence southerly along the said parallel line to
a line 1,011.04 feet south of and parallel with the
north line of the said southwest one -quarter
(SWY'4);
Thence westerly parallel to and 1,011.04 feet
south of, as measured at right angles to the north
line of the southwest one -quarter (SW'/,) to the
point of intersection with the west line of said
southwest one -quarter (SW%);
18
Thence continuing west along a line which is
the westward extension of the previously described
line, to a point of intersection with the west right-
of-way of State Road 7 (U.S. 441) which point is
100 feet west of the east boundary line of Section
13, Township 49 South, Range 41 East;
Thence southerly along the said west right-
of-way line of State Road 7 (U.S. 441) and on a line
parallel to and 100 feet west of the east line of
said Section 13, to the point of intersection with
the south line of Lot 9 of Section 13, Township 49
South, Range 41 East, according to the plat
thereof, of Fort Lauderdale Truck Farms Subdi-
vision, as recorded in Plat Book 4, Page 31, of the
Public Records of Broward County, Florida;
Thence north 89 degrees 15' 42" west a dis-
tance of 1,220.19 feet to the southwest corner of
said Lot 9;
Thence southerly along the west line of said
Tract 16, to a point of intersection with the south
line of said Section 13;
Thence westerly along the south lines of Sec-
tions 13 and 14, Township 49 South, Range 41
East, to the southwest corner of said Section 14;
Thence northerly along the west line of said
Section 14, to the northwest corner thereof, said
corner also being the southeast corner of Section
10, Township 49 South, Range 41 East;
Thence westerly along the south lines of Sec-
tions 10, 9, 8 and 7, Township 49 South, Range 41
East, to the southwest corner of said Section 7;
Thence northerly along the west lines of Sec-
tions 7 and 6, Township 49 South, Range 41 East,'
to a point of intersection with the south right-
of-way line of Canal C-14 of the Central and
Southern Florida Floor Control District;
Thence easterly along said south right-of-way
line, through portions of Section 6, Township 49
South, Range 41 East, and Sections 31, 32, 33 and
34, Township 48 South, Range 41 East, to a point
of intersection with the west line of the east
2,257.00 feet of said Section 34;
Thence southerly along said west line 554.00
feet to a point of intersection with the south line
of said Section 34, said south line also being the
A
0
•
l
16)""m r *q
north line of Section 3, Township 49 South,.tange
41 East;
Thence westerly along said north line of Sec-
tion 3, to the northeast corner of Tract 2, Section
S. as shown on said plat of Fort Lauderdale Truck
Farms;
Thence southerly along the east lines of Tracts
2, 7, 10, 15 and'18, Section 3 of the plat of Fort
Lauderdale Truck Farms, to a point of intersec.
tion with the north line of Section 10, as shown on
said plat of Fort Lauderdale Truck Farms;
Thence westerly along the north line of said
Section 10, to the northwest corner of Tract 2,
S ction 10, as shown on said plat of Fort Lauder-
dale Truck Farms;
Thence southerly along the west lines of Tracts
2 and 7, Section 10, to the southwest corner of
said Tract 7, Section 10;
Thence easterly along the south line of said
Tract 7, Section 10, to the southeast corner thereof,
said corner also being the northwest corner of
Tract 9, Section 10;
Thence southerly along the west line of said
Tract 9, Section 10, to the southwest corner
thereof,
Thence easterly along the south line of said
Tract 9, Section 10, and its easterly prolongation
to a point of intersection with the west line of
Section 11, Township 49 South, Range 41 East,
said point being on the centerline of a fifty -foot
rua� ri'li t-of-way as shown on said plat of Fort
Lauderdale 'Duck Farms;
Thence northerly along the west line of said
Section 11, to a point of intersection with the west.
erly prolongation of the north line of Tract 12,
Section 11;
Thence easterly along said north line of Tract
12, Section 11, to the northeast corner thereof;
Thence southerly along the east line of Tract
12, Section 11, a distance of about 40 feet to a
point on a line 40 feet south of and parallel with
the north line of the south one-half (S%) of said
Section 11;
19
(1,e - 5.2
1 13.01
Thence easterly along said parallel line to the
west line of Section 12, Township 49 South, Range
41 East, said line being within the right-of-way of
Rock Island Road;
Thence northerly along the west line of said
Section 12, to the northwest corner of Tract 12,
Section 12, as shown on said plat of Fort Lauder-
dale Truck Farms;
Thence easterly along the north lines of Tracts
12 and 11, Section 12, to the northeast corner of
Tract 11, Section 12, said point also being the
northwest corner of Tract 10, Section 12, as shown
on said plat of Fort Lauderdale Truck Farms;
Thence southerly along the west line of said
Tract 10, Section 12, to a point 163.76 feet north
of the south line of said Tract 10, Section 12;
Thence east 165.83 feet;
Thence south 163.73 feet to a point of intersec-
tion with the south line of said Tract 10, Section
12, said line also being the north line of pact 15,
Section 12, as shown on said plat of Fort Lauder-
dale Truck Farms;
Thence easterly along the north line of said
Tract 15, Section 12, to the northeast corner
thereof; .
Thence southerly along the east line of said
Tract 15, Section 12, to the southeast corner
thereof, said corner being on the south line of Sec-
tion 12;
Thence easterly along the south line of Section
12, to a point of intersection with the west right-
of-way line of State Road 7 (U.S. 441);
Thence southerly along the said west right-
of-way line to a point of intersection with the west-
erly prolongation of the north line of the south-
west one -quarter (SW34) of Section 18, Township
49 South, Range 42 East;
Thence easterly along the said westerly prolon-
gation and the north line of the said southwest
one -quarter (SWl4) to a point 861.25 feet west of
the east boundary of the southwest one -quarter
(SW %) of said Section 18;
H7 /1
1 13.01
TAMARAC CHARTER
Thence southerly parallel with and 861.25 feet
west of said east line to a point on the north right-
of-way line of N.W. 50th Street;
Thence easterly along the said north right-of-
way line parallel with and 455.00 feet south of the
north line of the south one-half (S%) of Section 18,
to the east line of said Section 18;
Thence continue along the said north right-
of-way line of N.W. 50th Street, 3,432 feet more or
less to a point on the east line of the southwest
one -quarter (SWY4) of the southwest one -quarter
(SWVQ of the northeast one -quarter (NEVO of Sec-
tion 17, Township 49 South, Range 42 East, said
point being further described as being 60.00 feet
north of the south line of the north one-half (N%)
of said Section 17;
Thence northerly to the southeast corner of the
north one-half (N%) of the north one-half (N%) of
the southwest one -quarter (SWV4) of the south-
west one -quarter (SWI/4) of the northeast one -
quarter (NEVO of said Section 17;
Thence westerly to the southwest corner of the
north one-half (N%) of the north one-half (N%) of
the southeast one -quarter (SEVO of the southeast
one -quarter (SE'/+) of the northwest one -quarter
(NWY'.) of said Section 17;
Thence northerly to the northwest corner of the
southeast one -quarter (SEY4) of the southeast one -
quarter (SE V,) of the northwest one -quarter (NW VO
of said Section 17;
Thence westerly to the southwest corner of the
northwest one -quarter (NWT/.) of the southeast one.
quarter (SEV4) of the northwest one -quarter (NW 1/4)
of said Section 17;
Thence northerly to the northwest corner of the
southeast one -quarter (SEA/.) of the northwest one -
quarter (NWT/+) of said Section 17;
Thence easterly to the southwest corner of the
southeast one -quarter (SEW of the northeast one -
quarter (NEYO of the northwest one -quarter
(NW'4) of said Section 17;
Thence northerly to the northwest corner of the
southeast one -quarter (SEVO of the northeast one -
quarter (NEYO of the northwest one -quarter
(NWY4) of said Section 17;
20
r
Thence easterly to the northeast corner of the
southwest one -quarter (SWV4) of the northeast one -
quarter (NEB/.) of the northeast one -quarter (NEya)
of said Section 17;
Thence northerly to the northwest corner of the
southwest one -quarter (SWV4) of the northeast one -
quarter (NE %) of the northeast one -quarter (NE V'.)
of the northeast one -quarter (NE'/.) of said Section
17;
Thence easterly to the northeast corner of the
southwest one -quarter (SW %) of the northeast one -
quarter (NEIVO of the northeast one -quarter (NEB:)
of the northeast one -quarter (NE!/4) of said
17;
Thence southerly to the southeast corner of the
west one-half (W%) of the southeast one -quarter
(SEA/.) of the northeast one -quarter (NEVO of the
northeast one -quarter (NEB/.) of said Section 17;
Thence westerly along the south line of the
northeast one -quarter (NEVO of the northeast one -
quarter (NEVO, to a point 50.00 feet east of the
west line of the southeast one -quarter (SEVO of
the northeast one -quarter (NEV'.) of said Section
17;
Thence southerly along a line 50.00 feet east of
and parallel with the west line of the southeast
one -quarter (SEVO of the northeast one -quarter
(NEI/4), said line being the east right-of-way line
of Prospect Field Road, to a point of intersection
with the north line of the south one-half (S1,9 nf
the northwest one -quarter (NW%) of the south-
east one -quarter (SE%) of the northeast one -
quarter (NEVO of said Section 17;
Thence easterly to the northeast corner of the
south one-half (S%) of the northwest one -quarter
(NW'/,) of the southeast one -quarter (SE%) of the
northeast one -quarter (NEW of said Section 17;
Thence southerly to the southeast corner of the
north one-half (N%) of the southwest one -quarter
(SWV4) of the southeast one -quarter (SEW of the
northeast one -quarter (NEVO of said Section 17;
Thence westerly on the south line of the north
one-half (N%) of the southwest one -quarter (SWV4)
of the southeast one -quarter (SEVO of the north-
east one -quarter (NEVO to a point 50.00 feet east
of the west line of the southeast one -quarter (SE V4)
Cl
01
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I
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CHARTER
of the northeast one -quarter (NEW of said Section
17, said point being on the east right-of-way line
of Prospect Field Road;
Thence southerly and easterly along said right-
of-way line to a point of intersection with the north
line of the south one-half (S') of the southeast
one -quarter (SEVO of said Section 17;
Thence easterly to the northeast corner of the
south one-half (S%) of the southeast one -quarter
(SEW, said point also being the northwest corner
of the south one-half (S%) of the southwest one -
quarter (SW'/4) of Section 16, Township 49 South,
Range 42 East;
Thence continuing easterly to the northeast
corner of the south one-half (S%) of the southwest
one -quarter (SWY4) of Section 16, Township 49
South, Range 42 East, to the point of beginning.
Said lands situate within Broward County,
Florida.
(Ord. No. 81-17, § 1, 4.22-81; Ord. No. 68-36, § 1,
10.12-88)
State law reference —Authority of municipality to rede-
fine boundaries by ordinance and without referendum, F.S. $
166.031(3).
Sec. 13.02. Annexation.
[(a) Procedure.) The corporate limits of the city
may be extended so as to include adjacent terri-
tory not then within such corporate limits by any
method provided by state law. The council may
only propose for annexation such lands as are con-
tiguous to the existing territorial limits of the city.
(Ord. No. 83-53, § 1, 12-22-83)
[(b) Specific Annexations.) The present corpo-
rate limits of the City of Tamarac, Broward
County, Florida, are hereby extended and enlarged
so as to include, in addition to the territory pres-
ently within its corporate limits, the following ter-
ritories, to wit:
(Annexation Parcel 4-77) The Homestead Terri-
tory. That certain area of land currently not in the
corporate limits of the City of Tamarac which is
entirely contiguous to and surrounded by the ex-
isting city limits of Tamarac commencing at the
center line of Rock Island Road and a portion of
the south boundary line of The Mainlands of Tam-
arac Lakes (Section 6A), as recorded in Plat Book
21
V16- C9,2- %`/7"
$ 14.04
67, Page 3; then proceeding south along the center
line of Rock Island Road to a portion of the north
boundary of the Sabal Palm Golf Course; then
commencing easterly along that portion of the
north boundary of the Sabal Palm Golf Course to
a portion of the west boundary line of the Sabal
Palm Golf Course; then commencing northerly
along the west boundary of Sabal Palm Golf
Course to a portion of the south boundary of The
Mainlands of Tamarac Lakes (Section 6A) plat;
then commencing westerly along a portion of the
south boundary of that subdivision to the center
line of Rock Island Road. (Ch. 77-655, Laws of
Fla., § 1)
Editor's note —The provisions of Ord. No. $3.53 were ap-
proved at an election held Mar. 13, 1984.
ARTICLE XIV. TRANSITION SCHEDULE
Sec. 14.01. Ordinances preserved.
All ordinances in effect upon adoption of this
Charter, to the extent not inconsistent with it,
shall remain in force until repealed or changed as
provided herein.
Sec. 14.02. Rights of officers and employees.
Nothing in this Charter except as otherwise spe-
cifically provided shall affect or impair the rights
or privileges of persons who are city officers or
employees at the time of adoption. Elected officers
shall continue to hold their offices and discharge
the duties thereof until their successors are
elected.
Sec. 14.03. Pending matters.
All rights, claims, actions, orders, contracts and
legal or administrative proceedings involving the
city shall continue except as modified pursuant to
the provisions of this Charter.
Sec. 14.04. Referendum for approval of
Charter.
This Charter shall not become effective until
submitted to the qualified electors of the city by
referendum held for the purpose of approving this
Charter. Said referendum shall be held on March
9, 1976. Should a majority of the electors voting
11 _ i�7„
- 70^
1 14.04
TAMARAC CHARTER
on the question of approving the Charter of the
city in said election vote in favor of adopting this
Charter, then this Charter shall become effective
at noon on March 15,1976. Should the majority of
the electors voting on this question in said elec-
tion vote to reject the adoption of this Charter,
then this Charter shall not be adopted. This ref-
erendum shall be held in accordance with the law.
Sec. 14.05. Transition ordinances.
The council shall adopt ordinances and resolu-
tions required to effect the transition. Ordinances
adopted within sixty (60) days of the first council
meeting under this Charter for the purpose of fa-
cilitating the transition may be passed as emer-
gency ordinances following the procedures in sec-
tion 4.06 except that transition ordinances shall
be effective for up to ninety (90) days after enact-
ment. Thereafter such ordinances may be re-
adopted, renewed or otherwise continued only in
the manner prescribed for normal ordinances by
law.
Sec. 14.06. Deletion of obsolete schedule
items.
The council shall have power by resolution, to
delete from this article any section, including this
one, when all events to which the section to be
deleted is or could become applicable have oc-
curred.
Sec. 14.07. Referendum and ballot.
The form of the ballot shall conform to the fol-
lowing requirements; with respect to the adoption
of the proposed Charter the questions shall be sub.
witted:
"Shall the following Charter be adopted by the
City of Tamarac?"
Immediately following this question there shall
be printed on the ballots the following:
"For the adoption of the Charter ."
"Against the adoption of the Charter ."
Sec. 14.08. Savings clause.
The provisions of this Charter are severable;
and if any section, part of section, paragraph, sen-
tence, or clause of this Charter shall be adjudged
by a court of competent jurisdiction to be invalid,
such decision shall not affect the validity of any
other portion thereof, but shall be restricted and
limited in its operation and effect to that specific
portion hereof involved in the controversy in which
such decision shall have been rendered.
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