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HomeMy WebLinkAboutCity of Tamarac Resolution R-74-011CITY OF TAMARAC, FLORIDA RESOLUTION N0. -II A RESOLUTION DECLARING THE RESULTS OF THE GENERAL ELECTION REFERENDUM ON AMENDMENTS TO THE CHARTER OF THE CITY OF TAMARAC WHEREAS, a general election was held on March 5, 1974 for the purpose of a referendum on Amendments to the Charter of the City of Tamarac, and WHEREAS, the City Council has canvassed the results of the machine voting and absentee ballots as certified by the Election Board. NOW, THEREFORE, BE IT RESOLVED BY THE COUNCIL OF THE CITY OF TAMARAC, FLORIDA: SECTION 1: T hat pursuant to Florida Statutes, Section 166.031, the following amendments are declared to be passed and to be part of the City Charter of the City of Tamarac. Section 82 Section 81 For Repeal of Section 79 Section 83 Sections: Section 5 Section 84 85, 86, and 88. Section 28 Section 124 Section 39 Section 125 Section 71 Section 131 Section 72 Section 75 Section 76 Section 77 SECTION 2: The City Clerk is hereby directed to file with the Broward County Court of Record a certified copy of each of the above amendments along with a certified copy of this Resolution. SECTION 3: When Section 2, above, has been complied with, the City Clerk is hereby directed to tile with the Secretary of State in Tallahassee a certified copy of each of the amendments as well as a certified copy of this Resolution and a certified copy of the Certificate from the Election Board, as required by Florida Statute 116.13. SECTION 4: The City Clerk is directed to attach to the present Charter a copy of each of the new amendments. SECTION 5: The City Clerk is directed to send to the Codifier of the City's laws a copy of each of the amendments along with a copy of this Resolution for inclusion in the codifie.d.Cha.rter. SECTION 6: The City Clerk is directed to prepare suf- ficient copies of the amendments for distribution at a nominal cost when these amendments have been recorded. PASSED, ADOPTED AND APPROVED this DAY OFF 1974. ATTEST: CITY CLERK RECORD OF COUNCIL 'VOTE Mayor Seltman Vice Mayor Lange Councilman Johnson Councilman Shultz Councilman Tucker,�� I HEREBY CERTIFY that I have approved the form and correctness of this RESOLUTION. cr) �1 E) W' , h - �4e'�er mas��ro CC(ar C-E-R-T-I-F-I-C-A-T-E WE, the undersigned members of the Tamarac Election Board, do hereby certify that the attached schedule represents the true and correct number of votes cast for each of the named candidates and the proposed Charter amendments in the General Election held in the City of Tamarac, on Tuesday, March .5, 1974. The Grand Total Figure in each category represents both the number of machine votes and the number of absentee votes cast for each candidate. Based upon the attached results, the following persons have succeeded in the Genera. Election: FOR MAYOR: FOR COUNCIL, District Two: FOR COUNCIL, District Three: FOR COUNCIL, District Four: FOR CHARTER BOARD: W�— FOR ELECTION BOARD: ----� ' u.w IV..IP 7p•�� �W w b � m�v � � -... .�..IN Y.. O Igo- Oo ��`IP It Iw�IN -+� � �I+iv�O� N� �a ����-+.. .. it [7f- � � I •, � � � �I � � ,^ � � .. _ I � W Tj oil lot Mrs ----------------- UP L-99:71 INA - - -_ I' I � ._ -..� I ...................... . No Text No Text �1,111 r "am" 5200 ROCK ISLAND ROAD TAMARAC, FLORIDA 33313 TELEPHONE (305) 731.5900 74�� March 15 1974. C..1, C E R T I F I C A T E. a BROWARD COUNTY c.n STATE OF FLORIDA I HEREBY CERTIFY that the attached is a true and correct copy of City of Tamarac Charter Amendments Numbers 82, 79, 5, 28, 39, 71, 72, 75, 76, 77, 81, 83, 84, 124, 125, 131, 85, 86 and 88, the 'a original of which is on file in City Hall. Witness my hand and the seal of the City of Tamarac. Peggy M. Twichell 5 City Clerk. qW 11 C: ARTICLE X1t Z,' Sacti (,,)n 32 caw tx:e,a Chrt: tc2r of the City of Tamarac r is hereby amended to read as fo.11o,,e� s SECTION 62. ORDINAZ4CES AND RESOLUTION'S 1. Each Ordinance or Resolution shall be introduce„3, in writing and sign:�ci by ,'.he Councilman :i.nt-roaue..ir►g ;.t,, It shall embrace but one nub jecL and natters prc?perly connected therewith. The slab_J-ct shall be clearly stated .in the title. No Ord,,.n a1' ce fJt al- 1',o rtt, vie v_d Cir ail ,,ended by reference to its title only. Ordinances to revise or amend shall set forth in full the nevi se or amcrided. acts, section or sub- section or in parccq aph of a section or a subsection. The enacting clause of every Ordinance shall, be as follows "Bc. it UzdainL d by the City CoUnc:,�_ l of tha City Of Tarilar aC. " 2. (a) A proposed Ordinance .may be read by title only, unless a reach.>>g in full is requested by any person, and shall be read at at ,least three (3) Council meetings and shall, at least aeven (7) days prior to the second reading, be noticed once in a newspaper of general., circulation in the municipality. The notice of proposed enactment shall state the date, time and place of the meeting, the: title or titles of proposed al di iiances and the place or places within the municipality where: Much proposed o.rdinazaces may be inspected by the public. Said notice shall a.: So advise that .interested parties may appear at the meeting and be heard with respect to the proposed ordinance. (b) The City 'Council. of Ta.matac by a two-thirds (2/3) vote may enact an emergency ordinance without complying with the requirements of three (3) separa'ite readings or publication of notice contained in Paragraph 2 ((a) of this section. + 3. The majority of the riembers of she City Council M shall constitute a quorum. The akf:irmatVive vote of three r" CM .(3) councilmen shall be necoseaary to enact nny ordinance or adopt any resolution provided that two --this ds (2/3) of tho I I I I i Zk 0.4 each p4ss&Q,e, the vote ok each inerober of UP C i ri, Council. votm3 3holl be enierea on t-iie, ofA'.,�cial rp-cor& oE- the-mep-ting, P,11. ,.incl r�i,3r.)lutions !-r- the Clity CG,X%cil. 'I';;all be J.-Ve torl (10) O"r 'In provi(JeL,, tlherein,� There days ,I-- pa ishall be an pxojd(, i�ld �-or public hearing at nach reading -of -:.:v,,� or resolutioll.. 4. or res(Aut,'Lon upon itl f,44z-kA:I, P"A'SMkige" brA , . Ooclx- !,:opt for tll,,at and ba ()!'!.i er -nd e clerk of the City COk4lV;LJ, Of a w A 03 ARTICLE XIi, Segoa 79, of the Charter of ft City of Tamarac is here`ay a:-.endlsld to read as follows: SECTION 79. RECALL, Any elected official may be recalled and removed .:rom his office for any reason which might be deemed adequate by any ci tizen'as sufficient reason to vote against said candidate. Said reason need'not- rise to the status of nonfeasance, malfeasances or misfeasance. The following procedure shall by followed: (1) IlVenty-five (25) registered electors residing within, the district represented by the official sought to be recalled or fifty (!A registered electors residing within the City desiring to recall'an elective official, whose district is citywide, may make and file with the Clerk, an affidavit containing the name or names of the person or persons whose removal is sought and a statement of the grounds for removal in not more than two hundred ( 20 0 ) words. (2) The; City Clerk shall within forty- eight (48) hours, serve a copy of the affidavit and statement of grounds for removal on the elective official sought to be recalled and he or they, within five (5) working days after such notice, may file with the City Clerk, a defensive statement not exceeding two hundred.(200) words. (3) The City Clerk shall, at once upon the, expiration! of said five (5) working days, prepare fifty (50) copies of such petition, and to each of them, the City Clerk shall attach a copy of the grounds for removal and any defensive statement furnished the City Clerk within the time stated. Each copy of the petition shall contain the number of pages necessary to carry the signatures of one (1%) per cent of the registered electors of the City, and each page to bear the affidavit to be executed by the circulator thereof 7-' stating the nu,-nber of signatures appearing upon such page, C73 and that he personally saw each person sign the petition.. M CM C7� 9/13/73 • 0 (4) All copies of the petition shall be delivered to the registered elector or registered electors who prdsented the affidavit to the City Clerk. (5) The recall petitions, to be effective, mua w be returned and filed with the City Manager within thirty (30)days after the City Clerk delivers the same to the circulators. (6) The City Manager shall assemble all of said copies of the petition as one petition. If such petition is sufficient as'to signatures, the City Manager shall within five (5) working days, serve notice of that fact upon the r elective official designated in the petition, and also deliver to the City Council a copy of the original petition with its certificate as to the percentage of registered electors who signed the same. Xf the City Manager's certi- ficate shows the petition to be insufficient as to the signatures, the City Manager shall, within five (5) working days, notify in writing one (1) or more of the circulators of the petition, and the petition may be amended at any time within ten (10) days after the giving of said notice by filing of a supplementary petition signed, and filed as provided herein for the original petition. (7) The City Manager shall within five (5) days after'such amendment make an examination of the amended petition and attach thereto his certificate of thy* result_ If found to be insufficient as to signatures, or if no amend- ment was made, the City Manager shall file the petition with the City Clerk and shall notify the City Council, the person, if any, filing said amended petition of that fact. (8) if the elective official or any of them designated in the petition filed with the City Manager, within five (5) working days after the City Manager's certification m that the petition and amendments contained the required percentage of signatures, tendered his or their written --j CJ� regign.ation , the said 1� 1-v Yan go mot, 1.. t onci.i no*.j t'l LT.� 41 Second Drai t t'3) 9/13/73 City Council of that fact and such resignation shall be irrevocable, and the City Council shall proceed to fill the vacancy. (9) In the absence of any such reslgnation, the Election Board shall forthwith order and fix a day for holding a recall election for the removal of those not resigning. Any such election shall be not less than thirty (30) nor more than sixty (60) day; after the expiration of the five (5) working days last mentioned, and at the same time as any other general or special, election held within such period; but if no such election be held within such period, the Election Huard 311all call a special recall election to be held within the period aforesaid. The petition for recall shall], be substantially as follows: CJ1 M --.I 013 C7 rTl E C A t L P 8 T I T X 04P 0 We the undersigned, residents of Dtgi:xi.Ct U]� City)' OF represented by request that �l`�ame of � le,c�ec1 Of �ci-a a Pecall electton be- held to determine if Name o Elect - should be recalled from the office of Of amen Mice) QIIALI VD ELECTOR'S S-16V TURE RESIDENTIAL STREET ADDRESS STATE OF FLORIDA COUNTY OF $ROWARD AFFIDAVIT ri BEFORE ME, the undersigned authority, personally appeared who being first duly sworn, deposes Circa ator and says that this signature sheet contains signatures which I personally witnessed. 7Circulator �i CM My commission expires t C7� Notary r., CD BEFORE ME, the undersigned authority, personally appeared who being first duly sworn, deposes Circa ator and says that this signature sheet contains signatures which I personally witnessed. 7Circulator �i CM My commission expires t C7� Notary r., CD 11 • ARTICLE Ij.Section 5 of the Charter of the City of.TamaraC is hereby amended to read as followat SECTION _5._ ANNEXATION The corporate limits of the City of Tamarac may be extended :pro as to include adjacent territory not then within such corporate limits by ordinance passed by the City Council and submitted to a separate vote of the registered electors of the City of Tamarac and of said territory, unle38 a referendum is otherwise prohibited by general law. Such election shall be Called and conducted and the expenses thereof paid by the City of Tamarac, and the -said territory shall not be annexed unless such annexation JA approved by a majority of the registered electors voting on the question of annexation of each parcel in such election in said territory and the City aZ Tamarac. The City Council may only pro -- pose for annexation such lands as are contiguous to the existing - territorial limits of the City of Tamarac. 4 FJ 0 ARTICLE V, Section 2'8 of the Charter of the City of Tamarac is hereby amended to read as follows: SECTION 28. QUORUM: L41NIMUM VOTES NECESSAPY To PASS ORDINANCE OR RESOLUTION A majority of all members of the Council shall consti- tute a quorum, but a lesser number may adjourn from day to day and compel the attendance of absent members in such manner and under such penalties as may be prescribed by ordinance. The affirmative vote of three (3) members shall be necessary to pass any ordinance on a reading, or adopt a resolution, and the passage of all ordinances and resolutions shall be taken by "Ayes" and "Nays" and entered upon the minutes. The City Manager, the City Clerk and the City Attorney should be present at any Council meeting, but the absence of any or all of the three shall not invalidate an otherwise valid meeting, or any proceedings taken, thereat. fire Cn M, C7 !"rt ARTICLE V11 * Section 39 of the Charter of the City of Tamarac is hereby amended to read as follows: SECTION 39. APPOINTMENT AND QUALUICATIONS The City Council shall appoint a City Manager who shall be the administrative head of the City government under the direction, and supervision of the City Council and who shall hold office at the pleasure of the City Council. He shall be chosen solely on the basis of his demonstrated executive and municipal administrative qualifications without regard to his political belief or persuasion. During the absence or disability of the City Manager, the City Council may designate some properly qualified person to temporarily execute the functions of hie office. A ARTICLE X1r Section 71 of the Charter of the City of Tamarac shall be amended to add thereto at the end, an unnumbered paragraph which shall read: SECTION 71. ELECTION BOARD The Election Board shall have thd'exclusive power to select an attorney of its choice and to fire said attorney. The Election Board shall inform the City Manager of its selection and the City Manager shall promptly employ. the said selection, at a salary commensurate with that ,paid the attorneys Of other Boards. 0 � 0 I'— ARTICLE Xi, Section 72 of the Charter of the City of Tamarac is hereby amended to read as follows: SECTION 72. ARRANGEMENTS FOR ELECTION The Election Hoard shall make all necessary arrange- ments for 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 information once each week in a newspaper ok general circulation in the City for two (2) consecutive weeks preceding the date set forth for such elections, the first publication to be not lass than fourteen (14) days prior to such dater. The Election Hoard shall declare the results of all elections. Any ,special election or referendum wherein the time is not otherwise set by law shall be held within sixty (60) days of the date that request is made on the Election Hoard to make the suitable arrangements or within sixty (60) days of the operative fact which renders such election necessary Mvla M M b-. ca rn A ARTICLE XI, Sac# 75 of the Charter of t • City of Twmarrac: is hereby a:q,andad to read as follower SECTION 75. REFERENDUM ELECTION Referendum elections shall be held at the time of regular elections if called not more than n.&nety (90) days nor leas than thirty (30) days prior'to said regular election. Referendum elections, when not to be held at the time of general elections shall be called by the Election Board within sixty (60) days of the request made to the Election Hoard or within sixty (60) days of the operative fact that makes said referendum necessary. Any matter or matters which by the terms of the Charter may be. submitted to the electors at a referendum election may be submitted and voted uponat any regular election. The language of any issue submitted to referendum shall first be approved -as to form by the attorney rep -- resenting the Election Board. The Petition For Referendum shall be substantially as follows : r 1 a' •1 _ i� Nr,•P �' V A M Yr c� 7 rn CD Cil C0 • • EF" NDUM PETITION THE UNDERSIGNED qualified electors of the City of Tamarac petition the City Council to (repeal.) or 6amend) in the following .respects r ordinance No. �- If the Council fails to comply with this petition within thirty (30) days of the time of filing said petition, then we request that said Ordinance be submitted to the voters at the next election held within the City. QUALIFIED ELECTOR'S SIGNATURE RESIDENTIAL STREET ADDRESS STATE OF FLORIDA COUNTY OF BROWARD z AFFIDAVIT BEFORE ME, the undersigned authority, personally appeared , who being first duly sworn, deposes C1rcu ator and says that this signature sheet contains .__ signatures which I personally witnessed. Circu Mr r4otary F c M C./ A M ARTICLE XZIO Section 76 of the Charter of the City of Tamarac .is heroby amended to read as follows % SECTION 76. SIGNATURES 14-EQUIRED ON PETITIVNS Petitions for initiative, referendum and recall as provided for ,in this Charter, must have signatures of qualified electors of thq City, equal in number to ten (10%) per cent of the number of votes cast in the last general CITY election, for that candidate, or on that referendum, which drew the Largest total of votes cast. All petitions shall . set forth the name and residential street address of each person signing and at the bottom of each signature page shall contain an affidavit by the Circulator as to the number of signatures on the page and that he witnessed each sig- nature thereon. - -. ARTICLE X11, Section 77 of the Cbarter of. thy- r^i ". tr Tamarac is hereby amended to read as follows» SECTION 77. !NI°.C'.LATIVE PETITION Initiative Pet-it:ions shall be uniform in character, shall contain the proposed ordinance or resolution in full and if such proposed ordinance or resolution requires the expenditure of funds, the o -di. ia.nce or resole. -.ion must provide therein for tine additional revenues which shall be required to carry out the ordinance or resolution. The. City Manager shal.i. vezi..fy Uie sufficiency of the signatures within five (5) wor}zan1 days, If found insufficient, the City Manager shall notify the circulator of such Petition or Petitions and said. circulator may amend said petition at any time within ten (10) days by filing a. supplementary petition signed and filed any provided herein for the 6riginal petition. If the. City Manager finds the petition sufficient as to signatures, then he shall transmit the petition to the City Council, which shall, proceed with the proposal in the regular manner herein provided. The Council shall either enact the ordinance or resoluL-i.on without amendmert or reject it within the following three (3) Council meetings. In the event the Council shall fail to enact such ordinance or resolution, the Council shall at the next election held within the City :submit the same to a vote of the people. The City Manager shall request the Election Board to make arrange- ments for the election. The Election Board shall cause to be published a notice of the election and a copy of the proposed ordinance or resolution in a daily newspaper of general, cir- culation in the City. Such publication shall not be more than twenty (20) days nor less than ten (10) days before the election. All initiative ordinances.or resolutions shall have a title which shall. state, :in a general way, the purpose and intent of such ordinance or resolution. The ballot ter-, used for such election shall contain the title of such ordin_. �^ CA ance or resolution. In initiative elections the question O) J Cn shall be determined. by a majority of the electors voting on y the question. p� CJ1 The Petition For Initiative shall be substantially as 00 Fo 11':)ws ; . C� PETITION ?OR INITIATIVE WE THE UNPER5 GNEp quaLified electors of the City of Tamat:.ac request the City C:oi.]ric i-1 to enact the (ordinance) (resolution) attached hereto and made a party hereof. In the eve-nt the Ci -I Councij. .fails to enact said (ordinance) (.rests:) ut i..on) w Lth.i n the time period covered with the next three (3) regular Ooukricil meeti.np, then said (ordinance) (resolution ) s)i4ll be sulpmi tLed to a vote of the people at the next a`lection held within the City. 2UAZ;.ZFIED SLECTORI S SIGNATURE RESTUNTIAL STREET ADDRESS 17 AFr-"I iDrNVT T STATE OF FLORIDA COUNTY of PRUWARD BEFORE ME, the undersigned authority, personally appeared who being first duly sworn, deposes � Circulator O� and says that. this sigrYat!-'- , 5;ieet cont:a.ins, signatures --J CJ� which I personally wi4nessed. cm f'7T P0'tQrY PL16 T , C ARTICLE XIII, Section Al , of the CY 4rl-er Of the CCry Tamarac is hereby amended to read as follows r SECTION 91. RCFIMjTT0NS Cl) Aft usad in tt-,is Section the following words and. tcr.:s 5:-1411 havu •�`ae f cjllowving meanings unle�is ,soma other meaning is plainly indicatted: (a) " 01-d9 nine e" means an official, legislative action of a govern:._ng body, which action is a regulation o: a general and peg:;:, -nen r, nature and enforceable as a local law. (.b)-Resolution" meTa,r4s an expression of a govern- ing body concernl.:ig itattery of administration, expression of sa temporary character, or a provision for the disposition Of a particular item of the administrative business of the governing body. n CA C" --j M -p rT'1 1 AR7,1CLE gill, SectLo►, 83, of tie Chart,. r of the City of T 'dm4rac t s hereby avnvnded to re4d as foZlowa 5 1014 83. 2r4F[(G&N An ord:inoc�e- may bo— passed as an emergency measure 4s her.rO.n. ly ove provi.Jed, only 0-te council finds that a bona Vide owe-rijr-i'c and c:ausas to be shown on ,its rnircut S t.11 f,r:: tr or. �:w,,ich i bc� k its findings. Said i1ae ,- 4: of a -self created variety. It must ar:ioe out of a situation suc . that. reasonable prudence would not ha -"to .its occurrence in time to take Care of � it by the use of nor,r;al proc o; ureas. An emergency ordinance may go i1to e fact immediately, at a fixed time, or upon the occurrence Of a ntmed contingency. The emergency ordinance shall be rostrict-Eyre, to c;Dnditi.ons, em2rientl•y '`effecting the peace, property, health, safety or morals of the community. ... ,,. a .•., y � a -MIC3 7^5't "YM ICA r�I1�M L..y I'r'1 i I' -1 I'LIMCL2 XIII, Section 84 of the Charter of the City of al"WAA e 2 t,.) read as follows: S 77 C' 11i, I.". 'CES L -A NAN On.('!. Of, the. c,.I&,-fectjve date of this Charter and, 'it le -,As:- ycnars tht�reafteAro the Council shall '1Irrt--knqo fcz �i c,.It:'iification or COM'A.Iation of all oxdinaiic,�-Ix c)r pormarent nature, or ordin- ances will* a Line, p,-,rialty, or forfeiture. Such compi'LaLion u,c" shall_ be p1 c-d on file with the Clerk, be wade ai7ixilable, for 10-te use of the public, and shall be raad-i a-(.,aillabio for purchase at a reasonable p:cict!. Certified copies of any ordinance may be received in evidence in all: courts. f i r { AL':IQ-LZ XIX, Section 124 of the Charter of the City of Tamarac is hereby amended to read as follows: SECTION 124. CIIAaTER AMENDMENTS; REFERENDUM The Charter Board shall make a report of any proposed amendments to the Charter of the City of Tamarac on or before November l of each year. Such proposed amendments shall be submitted for approval or disapproval by the qurAified electors of the City of Tamarac at the next general election. Each of said proposed amendments shall, take effect upon the approval of a majority of those voting on said amendment. Notice of the proposed amendment or amendments to the Charter of the City of Tamarac shall be published in a newspaper of general Circulation in the City once each week for two (2) consecutive weeks, the first publication thereof to be not less than fourteen (14) day prior to such election and a copy of said notice shall be posted in a conspicuous place in City Hall not less than fourteen (14) days prior to said election. f LA Qi M 0 (10/29/73) ARTICLE XX, Secticm 1.250 of the Charter of the City of �N arl.-,i...:3e d to read as follows. 125. CITY PILPAIyIN,5 AND ZONiNNG Pr'nV-isions of ch'apt«�r 163, Part 2, Florida Statutes are considered applicable to the City of Tamarac and the procedu,-e thertAn :yet forth !;hall be utilized by said City. Except that, the;. City Council shall not delegate to the Zoning CoTxniiss.i on the Cinal approval on those powers set forth in 163.265, but on the contrary the City Council shall be the final authority. �. - 1 • (10/29/73) 0 ARTICLE XX, Section lil,of tLhc Charter of the City of- Tamaxac is hereby afnended to read as follows: SECTION 131. Pu I.,`. S AND PUBLIC NOTICE Unless othei-i,;is� specif -ied herein, a notice Of" public he. �Ling h., e f o -t- e I u C o U n c a n -,tic(, for invitation for bi_ds, a notice to and other types of notices rciqired to be shall be posted in a conspicuous place at City liall and shall be Published in two (2) consecutive iss.ue-i of a newspaper of general circulation in the City, with 4-hc First publication at least ten (10) days before the date of such public hearing or time for filing of bids, and the second publication seven (7) days after the first publication. Notices which contain legal descriptions shall in addition to legal description, contain a street address or other descriptive material which will permit the lay public to identify the land involved. The notice of agenda sball,in addition to the temporary number, contain a brief description of the -subject matter' of the ordinance. or resolution. f I 71 A i b.. I t Secti_or.--.. 85, 86, and '88 of the Charter of the C i t V 0i 7':iscl►ax.aC br:-, and the scuie are hereby repealed. e RECORDED IN THE OFFICIAL RECORDS OF BROWARD COUNr4 WO" .E. M. STRO$RA cOW0 s o ►�rflou�t cn m cn