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HomeMy WebLinkAboutOrdinance 2023-599ORDINANCE NO. 2023 - 599 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING THE CITY CHARTER BY AMENDING SECTION C -2.2(b) "VICE MAYOR"; BY AMENDING SECTION C -2.3(C) "LIMITATIONS ON LENGTHS OF SERVICE"; BY AMENDING SECTION C-2.4 "QUALIFICATIONS"; BY AMENDING SECTION C -2.5(C) "FILLING OF VACANCIES"; BY AMENDING SECTION C-2.6 "COMPENSATION; REIMBURSEMENT FOR EXPENSES"; BY AMENDING SECTION C-3.1 "CITY MANAGER"; BY AMENDING SECTION C-3.5 "CITY CLERK"; BY AMENDING SECTION C-3.6 "CITY ATTORNEY"; BY AMENDING SECTION C-4.2 "PROHIBITIONS"; BY AMENDING SECTION C -5.1(i) "COMMENCEMENT OF TERMS"; BY AMENDING SECTION C-5.3 "FORM OF BALLOTS"; AND BY AMENDING SECTION C-7.4 "CHARTER REVISION"; PROVIDING AUTHORIZATION TO THE CITY ATTORNEY AND CITY CLERK TO AMEND THE CHARTER; .PROVIDING FOR THE FORM OF THE BALLOT; PROVIDING FOR BALLOTING AND ELECTION PROCEDURES; PROVIDING FOR NOTICE OF SPECIAL ELECTION; PROVIDING FOR COPIES OF THE PROPOSED CHARTER AMENDMENTS TO BE AVAILABLE FOR PUBLIC INSPECTION; PROVIDING FOR EFFECTIVENESS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR AND EFFECTIVE DATE. WHEREAS, pursuant to Section 7.4 of the Charter of the City of Sunny Isles Beach (the "Charter"), the City Commission appointed the Charter Revision Commission on December 15, 2022, to consider any revisions to the Charter and submit the same to the City Commission within one hundred twenty (120) days; and WHEREAS, pursuant to that directive, the Charter Revision Commission convened, held five (5) separate public meetings, and has proposed fourteen (14) Charter amendments to the electorate; and WHEREAS, the City wishes to amend the Charter as follows: (1) Section 2.2 to provide that the Vice -Mayor be elected by nomination by the Mayor, subject to Commission approval; (2) Section 2.3 to provide that a term shall be deemed commenced on the 14th day after certification of the general or run-off election, or immediately upon the certification of the results of a special election; (3) Section 5.1 to provide that the term of office shall commence on the 10 day after certification of an election, or immediately upon the certification of the results of a special election; (4) Section 2.4 to increase the qualifying fee for candidates from $100 to $200; (5) Section 2.5 to provide that elections called to replace all members of the Commission be by special election pursuant to the Charter and the Code of Ordinances; (6) Section 2.5 to increase the compensation for the Mayor and Commissioners; (7) Section 3.1 to provide that no Commissioner shall be eligible for appointment as City Manager during his or her term and until five (5) years after that term's expiration; (8) Section 3.5 to make the City Clerk a Charter Officer to be appointed and removed in the same manner as the City Manager and City Attorney; (9) Section 3.6 to mandate that the Mayor nominate a City Attorney, confirmed by a majority of the Commission; (10) Section 4.2 to increase the time in which an elected official may hold any appointive office or City employment from one (1) to three (3) years after the expiration of his/her term; (11) Section 5.1 to provide for the manner of conducting run-off elections following a special election and further providing that in the event of a tie vote, the winner shall be determined using a method and in a manner prescribed by ordinance; (12) Section 5.3 to delete the provision which allows the ballot title to differ from the legal title; (13) Section 7.4 to require that the City Commission appoint the members of the Charter Revision Commission at its first meeting in January, 2023, and every ten (10) years thereafter; and (14) Section 7.4 to increase the time that the Charter Review Commission shall submit proposed revisions to the City Commission from one hundred twenty (120) days to one hundred fifty (150) days. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: I Section 1. Incorporation of Recitals. The foregoing "WHEREAS" clauses are hereby ratified and confirmed as being true and correct and are hereby made a specific part of this Ordinance upon adoption hereof. Section 2. Charter Amendments. That pursuant to the Charter, and subject to the majority vote qualified electors at the special election set forth herein, the Charter of the City of Sunny Isles Beach, Florida, is hereby amended to read as follows: Part A. Section 2.2(b) of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C -2.2(b) — Vice Mayor. During the absence or incapacity of the Mayor, the Vice -Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. At the first Commission meeting after the 30th day following the day of the general or run-off election of the City Commission, or in any calendar year in which there is no regular City election, at the first Commission meeting in the month of November of such year, the G-^M.M.UsSoen sh_" eler# ^^^ Af +� .,..,,mh,,.s ar Verne nn- yeF. the Mayor shall nominate a Vice -Mayor from one of the four Residential Area Commissioners, subject to Commission approval. Part B. Section 2.3(c) of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C -2.3(c) Limitations on Lengths of Service. No person shall serve as Mayor for more than two elected terms. No person shall serve as a Commissioner for more than two elected terms. A "term" shall be deemed commenced upon the 14th day after certification of the general or run off election in which he/she is elected, unless that day falls on a Saturday or Sunday, in which case it shall be the next Monday immediately following at 12 o'clock noon, or immediately upon certification of the results of a special election ' Additions to existing text are shown by underline, changes to existing text on second reading are shown by double underline, and deletions are shown as stFikethFeugl4. 2 ("commencement term"), and will end at midnight of the day before the commencement term, whether or not it is actually completed, except that a vacancy being filled for less than two years remaining in the filling of that term shall not be counted as a "term" under this section. Part C. Section 2.4 of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-2.4 Qualifications. Candidates for Commissioner or Mayor shall qualify for election by the filing of a written notice of candidacy with the Clerk of the City at such time and in such manner as may be prescribed by ordinance and payment to the City Clerk of the sum of eae two hundred dollars ($4200.00) as a qualifying fee. A person may not be a candidate for Commission or Mayor in the same election. Only electors of the City who have resided continuously in the City for at least one year preceding the date of filing (and in the respective Residential Area from which the candidate may seek to qualify for election) shall be eligible to hold the Office of Commissioner, including Mayor. Candidates for Commissioner or Mayor shall be required to submit proof of residency at the time of qualifying by producing a valid voter's registration card and any other document which establishes compliance with the residency requirements for the offices of Commissioner and Mayor. The City Commission shall establish more specific residency requirements in an Ordinance. Part D. Section 2.5(c)(vii) of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C -2.5(c) Filling of vacancies. A vacancy on the Commission shall be filled as follows: (vii) In the event that all members of the Commission are removed by death, disability, recall, forfeiture of office and/or resignation, the Governor of the State of Florida shall appoint interim Commissioners who shall call a special election within not less than 30 days nor more than 60 days after such appointment. Such election shall be held in the same manner as the fust special elections under this Charter and the Code of Ordinances; provided, however, that if there are less than six months remaining in any of the unexpired terms, such interim Commission appointee(s) by the Governor shall serve out the unexpired terms. Appointees must meet all requirements for candidates provided for in Article 2. Part E. Section 2.6 of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-2.6 Compensation; reimbursement for expenses. Commissioners (including the Mayor) shall receive compensation in the amount of $1,000.00 per month and the Mayor shall receive compensation in the amount of $1,250.00 per month. Compensation provided herein, shall be annually increased in accordance with the C -RE Miami -Fort Lauderdale -West Palm Beach FL Consumer Price Index in October of each year. Further, the Mayor and City Commissioners shall receive reimbursement for business expenses in accordance with applicable law, or as may be otherwise provided by ordinance. Part F. Section 3.1(a) of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-3.1 City Manager (a) No Commissioner shall be eligible for appointment as City Manager during the term for which s/he has been elected and until twe-(2) five 5 years after its expiration. The City Manager need not be a resident of the City. Part G. Section 3.5 of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-3.5 City Clerk The Git., FnaR. geF shall -,.,.,9iRt aThe Mayor shall nominate and the Commission, including the Mayor, by majority, shall confirm an individual to serve as the City Clerk (the "Clerk") under such terms and conditions as may be established by the Commission, from time to time, consistent with this Charter. The Clerk shall report to the Commission and, after full consideration, may be removed by a majority vote of the total membership of the Commission. The Clerk shall give notice of Commission meetings to its members and the public, shall keep the minutes of the City's proceedings which shall be a public record, and is authorized to administer oaths, attest to the Mayor's or Manager's signatures, and shall perform such other duties as the City ManageF Commission may prescribe from time to time. The Gity Clerk shall Fepert to the City MaRageF and may be Femoved by the -Qty MaRageF. Part H. Section 3.6 of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-3.6 City Attorney The Mayor shall nominate, and the Commission, including the Mayor, by majority shall confirm an individual attorney or a law firm to act as the City Attorney under such terms and conditions as may be established by the Commission, from time to time, consistent with this Charter. The City Attorney shall report to the Commission and, after full consideration, may be removed by a majority vote of the total member ship of the Commission. Part I. Section 4.2 (c) of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-4.2 Prohibitions u Holding Other Office. No elected official shall hold any appointive City office or City employment while in office. No former elected City official shall hold any compensated appointive City office or City employment until one (1) three 3 years after the expiration of his/her term. Part J. Section 5.1(e) of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-5.1 Elections 4 (d) Run-off Election. The ballot for the run-off election shall contain the names of the two (2) candidates for Mayor, if applicable, and the names of the two candidates for each Commission seat who received the most votes in the general election or special election. The ballot shall instruct electors to cast one vote for Mayor and to cast one vote for each Commission seat, with a maximum of one (1) vote per candidate. The candidate for Mayor receiving the most votes shall be duly elected Mayor. The candidates for each Commission seat receiving the most votes shall be duly elected to that Commission seat. In the event of a tie after a run-off election, the winner shall be determined using a method and in a manner Prescribed by ordinance. Part K. Section 5.1(i) of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-5.1 Elections u Commencement of Terms. The term of office of any elected official will commence on the 301 day fellewin^ the day 14th day after certification of the general or run-off election in which he/she is elected, unless that day falls on a Saturday or Sunday, in which case it shall be the next Monday immediately following at 12 o'clock noon, or immediately upon certification of the results of a special election ("commencement term"), and will end at midnight of the day before the commencement term. Part L. Section 5.3 of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-5.3 Form of Ballots A Charter amendment, ordinance or other ballot issue to be voted on by the electors shall be presented for voting by ballot title. The ballot title of a measure differ frArn its legal tits„ shall be a clear, concise statement describing the substance of the measure without argument or prejudice. Below the ballot title shall appear the following question: "Shall the above described [amendment/ordinance/proposal] be adopted?" Immediately below such question shall appear, in the following order, the word 'YES" and also the word "NO". Part M. Section 7.4 of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: § C-7.4 Charter Revision At its first meeting in Dercemh^r of the fifth (=51) ..,,.,r after the - depti„n of the this ChaFteF in n.,, -.,m -her 2002 Rd theFea4 ,r eveFy tenth (191) yeaF ee mmnnrsing fly cernh.,r 2012 January 2033, and thereafter every tenth (10th) year commencing January 2043, the City Commission shall appoint a Charter Revision Commission ("Charter Revision Commission") consisting of five (5) persons including four (4) from the Residential Areas from which the City Commissioners were elected. The Mayor shall appoint one Charter Revision Commission member who may reside anywhere in the City and that appointee shall be ratified by a majority of the City Commission. Each Commissioner shall be entitled 5 to appoint one Charter Revisions Commission member from his or her district but at appointee shall be ratified by a majority of the Commission. In addition, the Mayor may appoint one (1) person to the Charter Revision Commission who is a member of the Commission serving a second term as Commissioner but who shall be a non-voting Charter Revision Commission member. The Mayor him/herself shall not be eligible for appointment to the Charter Revision Commission. The Charter Revision Commission shall commence its proceedings within forty-five (45) days after appointment by the Commission. If the Charter Revision Commission determines that a Charter revision is needed, including but not limited to a change in the boundaries or number of Residential Areas, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the City Commission no later than the ^^^ "u -'ed +,.,,,n+ir,+hl. i�- ne hundred fiftieth (150th) day after their appointment by the Commission. The Commission shall, AG -t IP -S -S, thaR thiFty (39) days eF meFe than sixty (60) days after si-i-h.m.issieR ef the p4:9 ,.,sed amend -Ment -S, to G„r,.,.,,iSSOAU ,7 submit them to the electors of the City iR (a) and (b) of surGh Ser.-ti„R shall not -, at the next regularly scheduled general election, or call a special election for that purpose alone. Section 3. Authority of the City Attorney and City Clerk. The City Attorney and City Clerk are hereby authorized to do all things necessary to revise the above referenced sections of the Charter for clarification purposes and to correct any grammatical errors. Section 4. Form of Ballot. The form of the ballot for the Charter Amendments described in Section 2 of this Ordinance shall be substantially in the same form as follows: 1. Appointment of Vice Mayor. The City Charter provides that the Commission shall elect one of its members as Vice Mayor. It is proposed the Charter be amended to provide that the Vice Mayor be elected by nomination of the Mayor, subject to Commission approval. Shall the above-described amendment be adopted? Yes [ ] No [ ] 2. Limitations on Lengths of Service. The City Charter provides that a Commission member's "term" shall be deemed commenced upon election. It is proposed the Charter be amended to provide that a "term" shall be deemed commenced upon the 14th day after certification of the general or run-off election in which he/she is elected, or immediately upon certification of the results of a special election. Shall the above-described amendment be adopted? Yes [ ] No [ ] L 3. Commencement of Terms. The City Charter provides that the term of office of any elected official commences on the 30th day following the general or run-off election. It is proposed the Charter be amended to provide that the term of any elected official will commence on the 14th day after certification of the general or run-off election, or immediately upon certification of the results of a special election. Shall the above-described amendment be adopted? Yes [ ] No [ ] 4. Qualifications. The City Charter provides that candidates for Commissioner or Mayor shall pay a qualifying fee to the City Clerk in the amount of One Hundred Dollars ($100.00). It is proposed the Charter be amended to provide that the qualifying fee be in the amount of Two Hundred Dollars ($200.00). Shall the above-described amendment be adopted? Yes [ ] No [ ] 5. Filling of Vacancies. The City Charter provides that in the event all members of the Commission are removed, the Governor shall appoint interim Commissioners who shall call a special election within not less than 30 days nor more than 60 days after such appointment. It is proposed the Charter be amended to clarify that such special election shall be conducted pursuant to the Charter and Code of Ordinances. Shall the above-described amendment be adopted? Yes [ ] No [ ] 1) Compensation; Reimbursement for Expenses. The City Charter provides that the Mayor and Commissioners' compensation be, increased in accordance with the CPI Index. It is proposed the Charter be amended to clarify that the compensation be increased annually according to the Miami -Fort Lauderdale -West Palm Beach, FL Consumer Price Index in October of each year. Shall the above-described amendment by adopted? Yes [ ] No [ ] 21 City Manager. The City Charter provides that no Commissioner shall be eligible for appointment as City Manager during the term for which she/he has been elected and until 2 years after its expiration. It is proposed the Charter be amended to provide that no Commissioner shall be eligible for appointment as City Manager during the term she/he has been elected and until 5 years after its expiration. 7 Shall the above-described amendment be adopted? Yes [ ] No [ ] 3) City Clerk. The City Charter provides that the City Manager appoints the City Clerk and he/she reports to the City Manager. It is proposed the Charter be amended so that the Mayor shall nominate the City Clerk, and the Commission, including the Mayor, by majority, shall confirm an individual to serve as the City Clerk. Shall the above-described amendment be adopted? Yes [ ] No [ ] 44) City Attorney, The City Charter provides that the Mayor "may" nominate, and the Commission by majority shall confirm an individual attorney or a law firm to act as the City Attorney. It is proposed the Charter be amended to provide that the Mayor "shall" nominate, and the Commission by majority shall confirm an individual attorney or a law firm to act as the City Attorney. Shall the above-described amendment be adopted? Yes [ ] No [ ] 5) Holding Other Office. The City Charter provides that no former elected City official shall hold any compensated appointive City office or City employment until 1 year after the expiration of his/her term. It is proposed the Charter be amended to provide that no former elected City official shall hold any compensated appointive City office or City employment until 3 years after the expiration of his/her term. Shall the above-described amendment be adopted? Yes [ ] No [ ] 6) Run-off Election. The City Charter does not include the manner of conducting run- off elections following special elections, nor does it provide how a winner is determined if there is a tie after run-off elections. It is proposed the Charter be amended so the provisions governing run-off elections apply to special elections, and if there is a tie the winner be determined using a method prescribed by ordinance. Shall the above-described amendment be adopted? Yes [ ] No [ ] 9 7) Form of Ballots. The Charter provides that the ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing the substance of the measure. It is proposed the Charter be amended to delete the provision that allows the ballot title of a measure may differ from its legal title. Shall the above-described amendment be adopted? Yes [ ] No [ ] 8) Appointment of Charter Revision Commission. The City Charter requires the City Commission appoint a Charter Revision Commission at its first meeting in December of the 5th year after the adoption of the original Charter, in December 2002, and thereafter every 10th year. It is proposed the Charter be amended to provide that the City Commission shall appoint a Charter Revision Commission at its first meeting in January 2033, and thereafter every 10th year. Shall the above-described amendment be adopted? Yes [ ] No [ ] 91 Timeframe for Submitting Charter Revision Commission Charter Amendments. The City Charter provides that if the Charter Revision Commission proposes Charter revisions, the amendments shall be submitted to the City Commission no later than the 120th day after their appointment by the Commission. It is proposed the Charter be amended requiring amendments instead be submitted no later than the 150th day. Shall the above-described amendment be adopted? Yes [ ] No [ ] Section 5. Ballot and Canvassin A. The balloting shall be conducted on Tuesday, May 23, 2023, between the hours of 7:00 A.M. and 7:00 P.M. at the regular polling places provided for elections in the City. Absentee voting shall be available as authorized by law. All qualified City electors who are timely registered in accordance with law shall be entitled to vote. B. The City Clerk is authorized to obtain any necessary election administration services from the Miami -Dade Supervisor of Elections. The City Clerk and the County Supervisor of Elections are hereby authorized to take all appropriate action necessary to carry into effect and accomplish the electoral provisions of this Ordinance. This Special Election shall be canvassed pursuant to the City Charter and City Code, unless otherwise provided by law. 0 Section 6. Notice of Election. The City Commission hereby directs the City Clerk to publish the notice of said election in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to said election, and the notice shall be in substantially the following form: "NOTICE OF SPECIAL ELECTION" PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO ORDINANCES DULY ADOPTED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, A SPECIAL ELECTION HAS BEEN CALLED ON TUESDAY, MAY 23, 2023, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING PROPOSED CITY CHARTER AMENDMENTS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY. 11 Appointment of Vice Mayor. The City Charter provides that the Commission shall elect one of its members as Vice Mayor. It is proposed the Charter be amended to provide that the Vice Mayor be elected by nomination of the Mayor, subject to Commission approval. Shall the above-described amendment be adopted? Yes [ ] No [ ] 21 Limitations on Lengths of Service. The City Charter provides that a Commission member's "term" shall be deemed commenced upon election. It is proposed the Charter be amended to provide that a "term" shall be deemed commenced upon the 14th day after certification of the general or run-off election in which he/she is elected, or immediately upon certification of the results of a special election. Shall the above-described amendment be adopted? Yes [ ] No [ ] 3) Commencement of Terms. The City Charter provides that the term of office of any elected official commences on the 30th day following the general or run-off election. It is proposed the Charter be amended to provide that the term of any elected official will commence on the 14th day after certification of the general or run-off election, or immediately upon certification of the results of a special election. Shall the above-described amendment be adopted? Yes [ ] No [ ] 10 4) Qualifications. The City Charter provides that candidates for Commissioner or Mayor shall pay a qualifying fee to the City Clerk in the amount of One Hundred Dollars ($100.00). It is proposed the Charter be amended to provide that the qualifying fee be in the amount of Two Hundred Dollars ($200.00). Shall the above-described amendment be adopted? Yes [ ] No [ ] 5) Filling of Vacancies. The City Charter provides that in the event all members of the Commission are removed, the Governor shall appoint interim Commissioners who shall call a special election within not less than 30 days nor more than 60 days after such appointment. It is proposed the Charter be amended to clarify that such special election shall be conducted pursuant to the Charter and Code of Ordinances. Shall the above-described amendment be adopted? Yes [ ] No [ ]. 61 Compensation; Reimbursement for Expenses. The City Charter provides that the Mayor and Commissioners' compensation be, increased in accordance with the CPI Index. It is proposed the Charter be amended to clarify that the compensation be increased annually according to the Miami -Fort Lauderdale - West Palm Beach, FL Consumer Price Index in October of each year. Shall the above-described amendment by adopted? Yes [ ] No [ ] ZI City Manager. The City Charter provides that no Commissioner shall be eligible for appointment as City Manager during the term for which she/he has been elected and until 2 years after its expiration. It is proposed the Charter be amended to provide that no Commissioner shall be eligible for appointment as City Manager during the term she/he has been elected and until 5 years after its expiration. Shall the above-described amendment be adopted? Yes [ ] No [ ] 11 88) City Clerk. The City Charter provides that the City Manager appoints the City Clerk and he/she reports to the City Manager. It is proposed the Charter be amended so that the Mayor shall nominate the City Clerk, and the Commission, including the Mayor, by majority, shall confirm an individual to serve as the City Clerk. Shall the above-described amendment be adopted? Yes [ ] No [ ] 9) City Attorney, The City Charter provides that the Mayor "may" nominate, and the Commission by majority shall confirm an individual attorney or a law firm to act as the City Attorney. It is proposed the Charter be amended to provide that the Mayor "shall" nominate, and the Commission by majority shall confirm an individual attorney or a law firm to act as the City Attorney. Shall the above-described amendment be adopted? Yes [ ] No [ ] 10 Holding Other Office. The City Charter provides that no former elected City official shall hold any compensated appointive City office or City employment until 1 year after the expiration of his/her term. It is proposed the Charter be amended to provide that no former elected City official shall hold any compensated appointive City office or City employment until 3 years after the expiration of his/her term. Shall the above-described amendment be adopted? Yes [ ] No [ ] 11 Run-off Election. The City Charter does not include the manner of conducting run-off elections following special elections, nor does it provide how a winner is determined if there is a tie after run-off elections. It is proposed the Charter be amended so the provisions governing run-off elections apply to special elections, and if there is a tie the winner be determined using a method prescribed by ordinance. Shall the above-described amendment be adopted? Yes [ ] No [ ] 12 Form of Ballots. The Charter provides that the ballot title of a measure may differ from its legal title and shall be a clear, concise statement describing 12 the substance of the measure. It is proposed the Charter be amended to delete the provision that allows the ballot title of a measure may differ from its legal title. Shall the above-described amendment be adopted? Yes [ ] No [ ] 13 Appointment of Charter Revision Commission. The City Charter requires the City Commission appoint a Charter Revision Commission at its first meeting in December of the 5th year after the adoption of the original Charter, in December 2002, and thereafter every 10th year. It is proposed the Charter be amended to provide that the City Commission shall appoint a Charter Revision Commission at its first meeting in January 2033, and thereafter every 10th year. Shall the above-described amendment be adopted? Yes [ ] No [ ] 14 Timeframe for Submitting Charter Revision Commission Charter Amendments. The City Charter provides that if the Charter Revision Commission proposes Charter revisions, the amendments shall be submitted to the City Commission no later than the 120th day after their appointment by the Commission. it is proposed the Charter be amended requiring amendments instead be submitted no later than the 150th day. Shall the above-described amendment be adopted? Yes [ ] No [ ] The full text of the proposed Charter Amendments is available at the office of the City Clerk, located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33160. Section 7. Public Inspection of Charter Amendments. Copies of this Ordinance providing for the Charter Amendments, subject to this referendum approval, are on file in the Office of the City Clerk of the City of Sunny Isles Beach, Florida, located at 18070 Collins Avenue, Sunny Isles Beach, Florida 33169, and will be available for public inspection during regular business hours. Section 8. Effectiveness. The Charter Amendments set forth in Section 2 of this Ordinance shall become effective if the majority of qualified electors voting on the Charter Amendments vote for their adoption; and they shall be considered adopted and effective upon certification of the election results. Following adoption of the Charter Amendments, the City Clerk shall file the adopted Charter Amendments to the Clerk of the Circuit Court of Miami -Dade County, Florida. 13 Section 9. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 10. Inclusion in the Charter. It is the intention of the City Commission, and it is hereby provided, that the approved Charter Amendments become and be made part of the Charter of the City of Sunny Isles Beach. Section 11. Effective Date of This Ordinance. This Ordinance shall become effective immediately upon its adoption on second reading. PASSED AND ADOPTED on first reading this 6�day of March 2023. PASSED AND ADOPTED on second reading this IVAday of ch 2023. Larisa Svechin, Mayor ATTESFR T: /'� � I AND LOEGAL SUFFOICIEONCY: Mauricio B'etancur; CMC, City Clerk First Reading Motion: �nMttdaJ�� V ISCI� Second: �6a- '��--v Vote on First Reading: Mayor Svechin Vice Mayor Joseph Commissioner Lama Commissioner Stuyvesant Commissioner Viscarra Valerie Vicente, City Attorney 14 Second Reading Motion:"Al Second: % e (Yes) (No) –7 (Yes) (No) — (Yes) (No) (Yes) (No) (Yes) (No) Section 9. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction,the remainder shall not be affected by such invalidity. • Section 10. Inclusion in the Charter. It is the intention of the City Commission, and it is hereby provided, that the approved Charter Amendments become and be made part of the Charter of the City of Sunny Isles Beach. Section 11. Effective Date of This Ordinance. This Ordinance shall become effective immediately upon its adoption on second reading. 111 PASSED AND ADOPTED on first reading this day of March 2023. PASSED AND ADOPTED on second reading this 10day of i- ch 2023. 4111W Larisa Svechin, Mayor ATTEST: APPROVED AS TO FORM AND LEGAL SUFFICIENCY: JiIJI ll"' r Mauricio Betancu CMC, City Clerk lerie Vicente, City Attorney First Reading \ I Second Reading Motion: CO AW E.- v IS )A Motion: GAIK(S5COKE-e--- ' I {�� 1 1i 1 Second: kJ tee �"`qd� 1P� � Second: "lCt✓ Vote on First Reading: Mayor Svechin '1 (Yes) (No) Vice Mayor Joseph I(Yes) (No) Commissioner Lama (Yes) (No) Commissioner Stuyvesant r✓/ (Yes) (No) Commissioner Viscarra V (Yes) (No) 14 Vote on Second Reading: Mayor Svechin Vice Mayor Joseph Commissioner Lama Commissioner Stuyvesant�`� Commissioner Viscarra 15 'v (Yes) (No) ✓ (Yes) (No) (Yes) (No) (Yes) (No) V (Yes) (No)