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.
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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: ----�
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5200 ROCK ISLAND ROAD TAMARAC, FLORIDA 33313
TELEPHONE (305) 731.5900
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March 15 1974.
C..1,
C E R T I F I C A T E.
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BROWARD COUNTY
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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
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City Clerk.
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ARTICLE X1t Z,' Sacti (,,)n 32 caw tx:e,a Chrt: tc2r of the City of Tamarac
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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"
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.(3) councilmen shall be necoseaary to enact nny ordinance or
adopt any resolution provided that two --this ds (2/3) of tho
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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
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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
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(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
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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
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regign.ation , the said 1� 1-v Yan go mot, 1.. t onci.i no*.j t'l
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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:
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E C A t L P 8 T I T X 04P
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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
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QIIALI VD ELECTOR'S S-16V TURE RESIDENTIAL STREET ADDRESS
STATE OF FLORIDA
COUNTY OF $ROWARD
AFFIDAVIT
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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
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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
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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.
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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.
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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.
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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.
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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
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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 :
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EF" NDUM PETITION
THE UNDERSIGNED qualified electors of the City of
Tamarac petition the City Council to (repeal.) or 6amend)
in the following .respects
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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
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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_. �^
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ance or resolution. In initiative elections the question O)
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shall be determined. by a majority of the electors voting on
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The Petition For Initiative shall be substantially as 00
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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
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which I personally wi4nessed.
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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.
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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.
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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.
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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.
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(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.
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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.
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71
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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.
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RECORDED IN THE OFFICIAL RECORDS
OF BROWARD COUNr4 WO"
.E. M. STRO$RA
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