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
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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.
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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
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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
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(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.
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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.
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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.
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(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
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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.
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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 []
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(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
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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.
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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
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( 'A'I'TEs.r: .. .. <'} .
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V '.f ,/ . t
;:~ltrt~
" J:me,A. Hines, Acling City Clerk
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-----
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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