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HomeMy WebLinkAboutOrdinance 2003-168 ORDINANCE NO. 2003-a AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR AMENDMENTS TO THE CITY CHARTER BY ADDING A LOBBYING PROVISION THAT WOULD REQUIRE THE CITY COMMISSION PASS AN ORDINANCE MANDATING LOBBYISTS TO DISCLOSE COMPENSATION AND FOR THAT INFORMATION TO BE DISSEMINATED TO THE CITY COMMISSION; PROVIDING FOR AN AMENDMENT OF SECTION 2.3(c) "LIMITATIONS ON LENGTH OF SERVICE" TO PROVIDE THAT NO PERSON SHALL SERVE AS MAYOR FOR MORE THAN TWO ELECTED FOUR-YEAR TERMS AND NO PERSON SHALL SERVE AS COMMISSIONER FOR MORE THAN TWO ELECTED FOUR-YEAR TERMS; PROVIDING FOR AN AMENDMENT OF SECTION 2.6, "COMPENSATION/REIMBURSEMENT FOR EXPENSES" TO PROVIDE A STIPEND FOR COMMISSIONERS AND THE MAYOR; AMENDING SECTION 2.5, "RESIDENTIAL AREAS IN THE ELECTION" TO ALLOW CANDIDATES TO REMAIN IN OFFICE IF S/HE CEASES TO RESIDE IN RESIDENTIAL AREA; AMENDING SECTION 2.2(B) "MAYOR AND VICE MAYOR" TO PROVIDE FOR A VICE MAYOR TO SERVE FOR THE TERM OF THE MAYOR'S TENURE; AMENDING SECTION 3.5 "CITY CLERK" TO RENDER THE CLERK AN APPOINTEE OF THE CITY MANAGER; PROVIDING FOR AN AMENDMENT OF SECTION 3.2 "POWERS AND DUTIES OF THE CITY MANAGER" TO EXCEPT EMPLOYEES OF THE OFFICE OF THE CITY ATTORNEY FROM APPOINTMENT, SUPERVISION AND REMOVAL BY THE MANAGER; PROVIDING FOR AN AMENDMENT OF SECTION 3.4 "BOND OF THE CITY MANAGER" TO PROVIDE FOR FIDELITY BOND; PROVIDING FOR THE AMENDMENT OF SECTION 4.3(A), "ACTIONS REQUIRING AN ORDINANCE" TO EXCEPT SERVICE AND USER CHARGES; PROVIDING FOR AN AMENDMENT OF SECTION 4.7, "APPROPRIATION AMENDMENTS DURING THE FISCAL YEAR" TO ADD THE AUTHORITY 0 F THE MANAGER TO REDISTRIBUTE PREVIOUSLY APPROVED APPROPRIATIONS BETWEEN DEPARTMENT ACCOUNTS; AMENDING SECTION 5.1(i) "ELECTIONS COMMENCEMENT OF TERMS" TO PROVIDE THAT THE TERM OF ELECTED OFFICE COMMENCE ON THE THIRTIETH DAY FOLLOWING THE ELECTION; PROVIDING FOR AN AMENDMENT OF SECTION 2.1 "CITY COMMISSION" TO PROVIDE EXAMPLES OF LEGISLATIVE POWERS; PROVIDING FOR AN AMENDMENT TO SECTION 6.1 (c), "SUBMISSION TO ELECTORS" TO ALLOW MAIL BALLOT; PROVIDING FOR AN AMENDMENT OF SECTION 7.4 "CHARTER REVISION" TO REQUIRE EACH COMMISSIONER APPOINT ONE CHARTER REVISION COMMISSION MEMBER; PROVIDING FOR ELIMINATION OF CERTAIN TRANSITION PROVISIONS; PROVIDING FOR THE PERMISSION TO MAKE TECHNICAL AND STYLISTIC AMENDMENTS; PROVIDING FOR COPIES OF THE RESOLUTION AND ORDINANCE FOR CHARTER AMENDMENTS TO BE AVAILABLE FOR PUBLIC INSPECTION; PROVIDING FOR THE CITY CLERK TO UTILIZE THE SERVICES OF MIAMI- DADE COUNTY SUPERVISOR OF ELECTIONS; REQUIRING THE CITY COMMISSION TO ENACT AN ENABLING RESOLUTION; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION INTO THE CITY CHARTER AND CODE; PROVIDING FOR AN EFFECTIVE DATE. Charter Revision Ordinance (1) 2003 4/22/2003 1 WHEREAS, Section 6.2 of the Charter of the City of Sunny Isles Beach provides that the Commission may, by Ordinance, propose amendments to the Charter to be voted on by the Electors at the next general or special election called for such purpose; and WHEREAS, Section 7.4 mandates the Commission to submit certain proposed Charter amendments for approval or disapproval by the electors; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: PART I. AMENDMENTS Section 1. Amendments to City Charter. The City Commission has agreed to amend the various sections of the City Charter as more specifically described in Section 2 hereinbelow. Section 3. follows: That Section 7.9 "Lobbyist Disclosure" be added to the City Charter to read as Section 7.9 Lobbvist Disclosure W The City Commission shall pass. maintain and enforce an ordinance. which requires alllobbyists as may be defined bv the Miami- Dade County Code and as may be made more stringent by the City Commission. (Q) In addition to compliance with all other 10cal and state laws must: ill Submit a full disclosure of the comprehensive terms of all compensation. including contingency or successor fees. or other consideration the 10bbyist is receiving for such 10bbving activities. (ill Direct the City Clerk to disseminate to the City Commission. prior to any public hearing. on the event or matter for which such 10bbvist may appear. all disclosures required herein or as otherwise required by State or County law. Any violation oftms section shall render the issue being 10bbied voidable. Section 3. That Section 2.3( c) "Limitations on Length 0 f Service" 0 f t he City Charter is amended to read as follows: Section 2.3(c) Limitations on Length of Service No person shall serve as Mayor for more than two elected four-year eORsee1:ltive terms. No person may shall serve ea-the as a Commissioner for more than two eORsecuti'le elected four-year terms. No person may serve as a combination of Mayor and Commissioner for more than eight eOflseeHthe years. Charter Revision Ordinance (1) 2003 4/22/2003 2 Section 4. That Section 2.6, "Compensation/Reimbursement for Expenses" of the City Charter be amended to read as follows: Section 2.6 Compensation; reimbursement for expenses. Commissioners (ineluding the Mayor) shall receive shall serve without compensatioB but ~stipend of $700 per month for the length of hislher term. The Mayor shall receive a stipend of $800 per month for the length of hislher term. Commissioners (inc1udin~ the Mayor) shall receive reimbursement in accordance with applicable law, or as may be otherwise provided for by ordinance, for authorized reasonable expenses incurred in the performance of their official duties, as evidenced by proper receipts and as approved by the City Manager. Section 5. That Section 2.5 Vacancies, Forfeiture of Office; Filling of Vacancies of the City Charter be amended to read as follows: Section 2.5 Vacancies, Forfeiture of Office; Filling of Vacancies. (b) Forfeiture of Office. (i) Forfeiture by disqualification. A Commissioner shall forfeit his/her office if at any time during his/her term s/he (1) ceases to maintain his/her permanent residence in the City (2) in the ease of a Residential Commissiofloc, apoB hislfloc ceasing to reside in hislher respeetive Residential Area, (3)(2) otherwise ceases to be a qualified elector of the City. Section 6. That Section 2.2 "Mayor and Vice Mayor" of the City Charter be amended to read as follows: Section 2.2 Mayor and Vice Mayor (b) During the absence or incapacity of the Mayor, the Vice-Mayor shall have all the powers, authority, duties and responsibilities of the Mayor. (i) At the first Commission meeting after each regular City election, or iR any ealendar year in which there is :eo regular City eleetioR, the Mayor may nominate and the Commission may elect one of its members as Vice-Mayor for the term of the Mayor's tenure provided however. should the Mayor nominate and the Commission elect a Commissioner as Vice Mayor whose term of office ends before the Mayor's term. the nomination and e lection process shall b e repeated for the new nominee. (ii) A Vice Mayor may be removed by a maiority vote during his/her term. In the event of such a removal. immediately thereafter. a new Charter Revision Ordinance (1) 2003 4/22/2003 3 Vice-Mayor shall be nominated by the Mayor and elected by the Commission as set forth above. Section 7. That Section 3.5 "City Clerk" of the City Charter be amended to read as follows: Section 3.5 City Clerk The Mayor shall nominate, and the Commission, including the Mayor, by majority shall confirm, City Manager shall appoint a City Clerk (the "Clerk"). The Clerk shall give notice of Commission meetings to its members and the public, shall keep the jownal of its minutes of the City's proceedings which shall be a public record, shall be the custodian of the city seal, sha11 also be the regulation offieial of the City, supervisor of eity eleetiofls, and is hereby authorized to administer oaths, attest to the Mayor's or Manager's signatures, and shall perform such other duties, not iFl eonfliet with the administrative duties of the City Manager, and as the Commission may prescribe from time to time. The elerk shall report tot he C ommissioFl a lid s hall be removed by the Commission utilizillg the same procedure f-or the Clerk as set forth for the MaBagElf in Section 3.1(b). The eompeflsation and benefits provided to the Clerk shall be set by the Commission. as the City Manager may prescribe from time to time. The City Clerk shall report to the City Manager and may be removed by the City Manager. Section 8. That Section 3.2 "Powers and Duties of the City Manager" of the City Charter be amended to read as follows: Section 3.2 Powers and Duties of the City Manager The Manager shall: (1) Be responsible for the appointment, supervision and removal of all City employees except for the Office of the City Attorney and his/her staff-. inell::1diFlg the establisbnumt of personnel polieies and procedures. Section 9. That Section 3.4 "Bond of City Manager" of the City Charter be amended to read as follows: Section 3.4 Bond of City Manager The City Manager shall furnish a 5tlfety fidelity bond or such other insurance instrument of comoarable protection to be approved by the Commission, and in such amount as the Commission may fix with either instrument to be conditioned on the faithful performance of his/her duties. The premium of the bond shall be paid by the City. Section 10. That Section 4.3 "Ordinances" of the City Charter be amended as follows: Section 4.3 Ordinances Charter Revision Ordinance (1) 2003 4 4/22/2003 (a) Actions ReQuirine: an Ordinance. In. addition to other acts required by law or by specific proyision of this Charter to be effected or authorized by ordinance, those acts of the City Commission shall be done by ordinance which: 5. Set service or lise eharges for mtmieipal serviees or grant administrati~le alithority to set slieh eharges; (5) (6) Authorize the borrowing of money; (6) f7j Conveyor lease or authorize by administrative action the conveyance or lease of any lands of the City; or (7) f81 Amend or repeal any ordinance previously adopted, except as otherwise provided in this Charter. Section 11. That Section 4.7 "Appropriation Amendments During the Fiscal Year" of the City Charter be amended as follows: Section 4.7 Appropriation Amendments During the Fiscal Year W. Redistribution of Appropriations. If at any time during the fiscal year. it appears probable that a~propriations within or between dta'artment accounts need to be redistributed. the Manager shall have the authority to so redistribute. Section 12. That Section 5.1 "Elections" ofthe City Charter be amended as follows: Section 5.1 Elections (i) Commencement of Terms. The term of office of any elected official will commence on the 30th day following the day 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 1 2 0 'clock noon ("commencement term"), and will end at the efld of the day of wilieh regalar eleetioB.s are held in the year in wilieh his/her term expires. midnight of the day before the commencement term. Section 13. That Section 2.1 "City Commission" of the City Charter be amended as follows: Section 2.1 City Commission. There shall be a City Commission (the "Commission") vested with all legislative powers of the City including but not limited to the setting of policy. approval of budget. determination of tax rates. hiring and firing of the charter officers. and the development of community land policies. The Commission shall consisting of four (4) members ("Commissioners") and the Mayor. Charter Revision Ordinance (1) 2003 4/22/2003 5 Commissioners shall occupy seats numbered 1 through 4. References in this Charter to the Commission and/or Commissioners shall include the Mayor unless the context dictates otherwise. Section 14. That Section 6.1(c) "Procedure to Amend" of the City Charter be amended as follows: Section 6.1 Procedure to Amend The Charter may be amended in accordance with these provisions: (c ) Submission to Electors. Upon certification of the sufficiency of the petition, the Commission shall submit the proposed amendments to a vote of the electors at eh next general election if such election is scheduled to be held not less than sixty (60) days or more than one hundred and twenty (120) days from the date on the petition was certified or at a special election called for that purpose. A special election, if necessary, shall be held not less than sixty (60) days or more than one hundred and twenty (120) days from the date on which the petition was certified. Such special election may be conducted by mail. Section 15. That Section 7.4, "Charter Revision" of the City Charter be amended as follows: Section 7.4 Charter Revision At its first regular meeting in December of the fifth (5th) year after the adoption of this Charter, in December 2002, and thereafter every tenth (10) year commencing December 2012, the Commission shall appoint a Charter revision commission ("Commission") consisting of five (5) persons including three (3) from the Residential Areas from which the Commissioners were elected, except in the case of the At-Large Commissioner in which case the Commissioners member may reside any where in the City. Each Commissioner shall be entitled to appoint one Charter Revision Commission member from his or her district but that appointee shall be ratified by a majority of the Commission. In addition, the Mayor may appoint (1) person to the Commission who is member of the Commission serving a second consecutive term as Commissioner but who shall be a non-voting Commission member. The Mayor him/herself shall not be eligible for appointment to the revision commission. The revision Commission shall commence its proceedings within forty-five (45) days after appointment by Commission. If the Commission determines that a 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 to the City Commission no later than the ninetieth (90) day after their appointment by the Commission. The Commission shall, not less than thirty (30) days or more than sixty (60) days after submission ofthe proposed amendments to Commission, submit them to the electors of the City in accordance with the provisions of Section 6.1 except that the provisions of subsections (a) and (b) such Section shall not apply. Charter Revision Ordinance (1) 2003 6 4/22/2003 Section 16. That Article 8 "Transition Provisions" of the City Charter be amended as follows: SeedOR 8.1 Temporary Nature of f....rtiele The follo'lling seetiofls of this .Article are inserted solely for the purpese of effecting the incorporation of the City and the transitioFl to a n8"oY II'lWlieipal government. Eooh seetioFl of this ..^..rtic1e shall automatieaUy, and without fiu1l:ler yote or oot of the electors of the City, become iFleffective and 1'10 10Hger a part of this Charter at such tome as the implem.eHtation of sack seetioFl has beeR aecol'l'lf) lished. SeetioR 8.2 Interim Coverning Body After adoption of this Charter bu-t: prior to the election and ooeeptance of office of the first eleeted City Commission, the gO'/ermFlg body for the City shall be Dade County Board of County CommissioFlers. In ooting as the gO'/ern.mg body for the City during this interim period, the Dade County Board of Coanty Commissioners shall provide all II'lWlicipal services to the City bu-t: shall not make decisioFls '.vbieh eould reasonably be postponed 1:Ultil the election of the City Commission or whieh 'Nould materially alter or affeet the status quo v;ithin the City boundaries. Section 8.3 Interim Adoption of Codes and Ordinance Until otherwise modified or replaced by this Charter or legislation of the City Commission, all Codes, ordinances and resolutions in effect on the date of adoption of this Charter, shall to the extent applicable to the City, remain in full force and effect as municipal Codes, ordinances and resolutions of the city. Seetion 8.4 Taxes and Fees Unless otherwise modified by the City CommissioR, all :municipal taxes and foes imposed '.dthin the City boundaries by the County as the II'lWlieipal government for 1:H1i:aeorporated Dade County, which taxes and fees are in effeet 01'1 the date of adoptiofl of this Charter, shall continue at the same rate and 01'1 the same cORditions as if those taxes and fees had beefl adopted and assessed by the Gity; Section 8.5 Initial Election of City Commission and Mayor (a) TransitioR. This SeetioFl shaH apply to aU geaeral and IUf.I. off electioRs for Commission and Mayor held on before December 31, 2007, and any conflicting proyisions of this Charter shall not apply to suoo elections. Charter Revision Ordinance (1) 2003 4/22/2003 7 (b) 1997 EleetioBs. The gefleral and nm. off e leetions in 1 997 sha-ll b €I h e1d p arsuant tot he p roeedares s et forth inS ectiofl 2.3 and Section 5.1(d) aBd (e), eKcept as follows: i) The first City gefleral election for the election for the eleetiofl of the City CORm'lission shall be held on Jaly 29, 1997. The first City run off eleetiofl, if necessary, sha-ll be held on august 5, 1997. ii) Only taose candidates will q1:1alify for electiofl who aaye filed vlritlen notice of candidacy for Commissioner or Mayor (bat not both) '."'{ith the Dade Coooty Eleetiofls Department, which notice is recei':ed before 12:00 p.m., J1:lfle 24, 1997, and wmeb notice shall: (a) indicate whether the eandidate seeks the offiee of Commissioner or Mayor; if for Commissioner, a particular seat 1 4 shall be designated; (b) contain the candidate's certification that slhe is a q1:1alified elector of the State of Florida, is registered to yote in the City and that the person has resided contiooously '.vithin the area cOlnprising the City since Jaly 29, 1996, and, more specifically, has resided in the Residentia-l ",\rea form which slhe intends to nm for election, if applicable, since that dates; (c) contain or be accompanied by such other information or statement, if any, as may be req1:1ired by the Dade County Elections Departmeflt; (d) be sigaed by the candidate and duly notarized; and ( e) be aecompanied by a eheck payable to the Dade County Elections Department in the ammmt of $100.00. iii) there will be four (4) , rather than two (2), Commissiofl seats to be filled. i'/) the Mayor will be elected to a term eKpiring in Septem.ber, 2001, liflless there is a nm.off electiofls in October in which case the term will eKpire in October, ~ 'I) Two (2) Commissioners seats shall be for terms eKpiring in September 1999, unless there is a nmoff election in wmoo case the terms will expire in Oetober Charter Revision Ordinance (1) 2003 8 4/22/2003 1999. These particulai' seats shall be seleoted by drawing 10ts the day follo'.ving fue Chapter approval election by, and iR the presence of, the Charter CommissioR and the public, at 7 p.m. at the ThunderbiTd Motel, 18401 Collins .L\'lenue. vi) CommissioRers elected to the remaining nvo (2) seats will be elected to terms expiring iR September 2001, lIDless there is a run off eleotion iR W mch case the terms will eJ(pire in October, 2001. (c) 1999 EleetioRs. The general and run off elections in 1999 shall be held plH'suant to the procedlH'es set forth in Section[s] 2.3, 2.4 and Section 5.1 (d) and (e). (d) Maximum Terms. Notwithstanding Section 2.3 (c), the two (2) Commissioners elected in the 1997 election for an initial two (2) year period may serve for a maximum of ten (10) consecutive years and two months. (e) IRduetioR iRte Offiee. Those candidates woo ai'e elected at the first regulai' eleetioR shall take office at the initial Commission meeting, which shall be held at 7p.m. on the day followiRg the election at the Thunderbird Motel, 19401 Collins Avenue. Thereafter, the City Commission shall meet at sueh time and place as may be preseribed by ordiRaflee or resolution. 1\.11 meetings shall be publie. SeedeR 8.'" IRitial ExpeRditures Upon receipt by the City of its first re"lenues, the City shaH irnmediately pay the iR'loioes for expenses, if my, inemred in the drafting and produetion of this Charter, incladiRg but not limited to invoiees for seeretarial serviees, photoeopies, mailiRg, legal and other serviees authorize by the City of Sl:1iHlY Isles Beach Charter Commission. SeetieR 8.7 Fiseal Year aRd First Budget The first fiscal year of the City shall commence on the effective date of this Charter and shall end OR September 3, 1997. The first budget shall be adopted on or before September 30, 1997. SeetioR 8.8 TraRsitioRal OrdiBaRee aRd R-esolutioRs The Commission shall adopt ordinanees and resolutioBs reqllfred to eff-ect the transition. OrdiRanee adopted withiR (60) days after the firs Commission meeting may be passed as emergency ordinances, pr-o'lided the votiRg requirements in this ease should be siffiille majority. These tnmsitioRal ordinances will be readopted, renewed or othenvise ooBtiooed only in the manner flormally prescribed for ordinanees. Charter Revision Ordinance (1) 2003 4/22/2003 9 SeetioR 8.9 Effeet of CurreRt COURty aDd State Laws ~^..11 Dade Cmmty ordinanees, resoll::ltions, orders B:Il.d regulations '.vmeh are in force when tms Charter beeomes fully effective are repealed to the eKtern: that they are inconsistern: or interfere with the eff-eeti',e operatiofl of this Charter or the Code adopted p1:H'suant thereto. To the extern: the COflstitution B:Il.d the la'l:s of the State of Florida permit, all laws relating to or affeeting this munieipality whieh are in force when tms Charter becomes fully e ffeetive are ffiiperseded to the extoot they are inconsistent or interfere ':/ith the operation of this Charter or the Code adopted p1:H'suant thereto. SeetioR 8.10 EleetioR OR the Name of the City Not later than ~^.:liguSt 1, 1998, the City Clerk sllall sehedale lHl eleetion to decide whether the Bafl'le offue City shaH be ehB:Il.ged to Aventl:H'a Beach. PART II BALLOT LANGUAGE Section 17. Form of Ballot. The form of the Ballot for the Charter Amendments shall be as follows: (1) Lobbying Provisions. The current City Charter contains no provisions relating to 10bbyists. ill addition to county laws requiring registration, the Charter Revision Commission has proposed to require the City Commission pass an ordinance mandating all lobbyists to disclose their compensation arrangements in connection with any given matter being considered by the City Commission and that the City Commission receive that information prior to its consideration of the matter for which the 10bbyist is registered to appear. Shall the above-described amendment be adopted? Yes [] No [] (2) Limitations on Lengths of Service. The City Charter currently provides that a person may serve on the Commission or as a Mayor or combination of Mayor and Commissioner for two (2) consecutive terms. It is proposed by the Charter Revision Commission that the Charter be amended to provide that no Mayor may serve as a Mayor for more than two (2) elected four-year terms during hislher lifetime, and no Commissioner may serve as a Commissioner for more than two (2) elected four-year terms during hislher lifetime. Shall the above-described amendment be adopted? Yes [] No [] Charter Revision Ordinance (1) 2003 4/22/2003 10 (3) Comoensation/Reimbursement for Expenses. The current City Charter provides that Commissioners, including the Mayor receive no compensation but receive reimbursement in accordance with applicable law. The proposed amendment recommended by the Charter Revision Commission calls for a monthly stipend of $700 per month for a Commissioner and $800 per month for a Mayor for the length of his/her term. Reimbursement for expenses remains unchanged. Shall the above-described amendment be adopted? Yes [] No [] (4) Residential Areas in the Election. The City Charter currently requires certain candidates to reside continuously in a r esidential area during his/her term although all Commissioners are elected by the City at large. It is proposed by this Charter Amendment that in the event that a Commissioner ceases to reside in his/her residential area during his/her term but otherwise remained a resident of the City that this will not constitute forfeiture from office. Shall the above-described amendment be adopted? Yes [] No [] (5) Vice Mayor. The City Charter currently provides for a Vice Mayor to be elected each year. It is proposed that the Charter be amended to provide that the Mayor may nominate and the Commission may elect one of its members as a Vice Mayor for the term of the Mayor's tenure. Shall the above-described amendment be adopted? Yes [] No [] (6) City Clerk. The current Charter provides that the Commission appoints the City Clerk and he/she report~ to the Commission. The Charter Revision Commission recommends that the City Manager appoints the City Clerk and that he/she shall report to the City Manager. Shall the above-described amendment be adopted? Yes [] No [] (7) Powers and Duties of the City Manager. The current Charter provides that the Manager is responsible for the administration of all departments and divisions of the City government except the City Clerk and City Attorney. The Charter Revision Commission Charter Revision Ordinance (1) 2003 4/22/2003 11 wishes to clarify the exception language to except the employees of the Office of the City Attorney from appointment. supervision and removal by the City Manager. Shall the above-described amendment be adopted? Yes [] No [] (8) Bond of City Manager. The present City Charter provides the City Manager furnish a bond. The Charter Revision Commission requires a fidelity bond of insurance or such other instrument 0 f comparable protection. Shall the above-described amendment be adopted? Yes [] No [] (9) Ordinances. The current City Charter provides for actions requiring an ordinance including the levying of taxes and the authorization to borrow money. The Charter Revision Commission is proposing that service or user charges for municipal services with the grant of administrative authority, be accomplished by resolution rather than ordinance. Shall the above-described amendment be adopted? Yes [] No [] (10) Appropriation Amendments during the Fiscal Year. The City Charter currently provides for appropriation amendments during any fiscal year. The Revision Commission is requesting an addition to the Charter that allows for the redistribution of any appropriation within or between department accounts any time during the fiscal year within funds previously allocated by the City Commission. Shall the above-described amendment be adopted? Yes [] No [] (11) Commencement of Terms. The City Charter currently provides for the terms of the office of the Mayor and Commissioners to commence at noon the day following the day of the general or run- off e lection in which h e/she was elected. It is proposed that the transition time be modified to allow commencement on the 30th day following the day of the general or run-off election unless that day falls on a Saturday or Sunday, in which case, it should be the next Monday immediately following. Charter Revision Ordinance (1) 2003 4/22/2003 12 Shall the above-described amendment be adopted? Yes [] No [] (12) Elimination of Certain Transition Provisions. The City Charter provides for transition provisions solely intended for the purpose of effecting the incorporation of the City and the transition of the new municipal government. The Charter Revision Commission is recommending that the Charter be amended to eliminate all expired transition provisions referenced throughout the Charter except to the extent the City may continue to utilize the Code of Miami- Dade County as its 0 wn m unicipal code until such time as these provisions are otherwise modified or replaced by legislation of the City Commission. Shall the above-described amendment be adopted? Yes [] No [] (13) City Commission. The current City Charter provides that the City Commission be vested with all legislative powers. The Charter Revision Commission has proposed to provide examples of those powers and the addition of the words including, but not limited to the setting of poI icy, approval of budget, determination of tax rates, hiring and firing of the Charter officers and the development of community land policy. Shall the above-described amendment be adopted? Yes [] No [] (14) Procedure to amend Charter. The City Charter currently initiatives and referenda (including Charter revisions) to be held at a general or special election called for that purpose. The Revision Commission is proposing to allow a special election to be conducted by mail for these purposes only (but not for election of candidates). Shall the above-described amendment be adopted? Yes [] No [] (15) Charter Revision. The Charter currently provides for a Charter revision the fifth (5th) year after adoption and thereafter every tenth (10th ) year which implies but does not stated that each Commissioner shall be entitled to appoint one Charter Revision Commission member from his/her district, provided that such appointee be ratified by a majority of the Commission. The Charter Revision Ordinance (1) 2003 4/22/2003 13 Charter Revision Commission is recommending that the Charter so specifically state. Shall the above-described amendment be adopted? Yes [] No [] (16) Technical and Stylistic Amendments. The Charter Revision Commission has recommended that the Charter be amended to reflect non-substantive stylistic and technical changes made for clarity including titles, county name change and renumbering of sections of the above-described amendment be adopted. Shall the above-described amendment be adopted? Yes [] No [] Section 18. The place, information and the full text of the proposed City Charter amendments are available at the office of the City Clerk located at 17070 Collins Avenue, Suite 250, Sunny Isles Beach, Florida. Section 19. Copies of this Resolution and Ordinance providing for Charter Amendments subject to this referendum approval is on file in the office of the City Clerk and available for public inspection during regular business hours. Section 20. The City Clerk is authorized to utilize the services of Miami-Dade County Supervisor ofElections for any assistance required in the administration of the election. Section 21. Enabling Resolution. The City Commission shall provide for the enactment of an enabling Resolution submitting the proposed amendments to the Electorate pursuant to Section 5.3 of the Miami-Dade County Charter and the Clerk of the City is hereby directed to file any municipal charter amendments with the Clerk of the Circuit Court. Section 22. Severabilitv. If any section, sentence, clause or phrase of this ordinance is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this ordinance. Section 23. Inclusion in the Code. It is the intention of the Mayor and City Commission of the City of Sunny Isles Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code of the City of Sunny Isles Beach, Florida. The sections of this ordinance may be renumbered or re-lettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. Section 24. Effective Date. This Ordinance shall become effective in ten (10) days upon adoption after second reading and the Charter Amendments provided herein shall b e effective only after approval of the majority of electors on the measure effective upon the certification of election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such a conflict. Charter Revision Ordinance (l) 2003 4/22/2003 14 PASSED and ADOPTED on First Reading the 20th day of March, 2003. PASSED and ADOPTED on Second Reading this ~day of '., ..,--. .......' ~ OJ v' ( 'A'I'TEs.r: .. .. <'} . ". ,.) ,. ., ;., ,("" V '.f ,/ . t ;:~ltrt~ " J:me,A. Hines, Acling City Clerk "., _' I .... ----- . :l... :) APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Moved by: -.:j \tt. ~()r f...t:::.t.L<"'\A (? Second by: V~\ ~~\OfJtR. ~ (dL <c....<;l ~ VOTE: ~ to Q::..l in favor. Mayor Samson ~'yes Vice Mayor Edelcup ~yes Commissioner Goodman ~ yes Commissioner Iglesias V yes Commissioner Kauffman ~~ no no no no no Charter Revision Ordinance (1) 2003 4/22/2003 15