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HomeMy WebLinkAboutOrdinance 2003-174 "" \, ORDINANCE NO. 2003-.rJd AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING ORDINANCE NO. 2003-168 TO ACCEPT THOSE CHARTER PROVISIONS SET FORTH IN SAID ORDINANCE AND ONLY THOSE APPROVED BY A MAJORITY OF THE VOTERS ON JUNE 10, 2003 ACCORDING TO OFFICIAL RESULTS TO AMEND THE CITY CHARTER BY ADDING A LOBBYING PROVISION THAT WOULD REQillRE 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; 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; 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 ELIMINATION OF CERTAIN TRANSITION PROVISIONS; PROVIDING FOR AN AMENDMENT OF SECTION 2.1 "CITY COMMISSION" TO PROVIDE EXAMPLES OF LEGISLATIVE POWERS; PROVIDING FOR AN AMENDMENT OF SECTION 7.4 "CHARTER REVISION" TO REQillRE EACH COMMISSIONER APPOINT ONE CHARTER REVISION COMMISSION MEMBER; PROVIDING FOR THE PERMISSION TO MAKE TECHNICAL AND STYLISTIC AMENDMENTS; PROVIDING FOR REPEALER; PROVIDING FOR SEVERABILITY; DIRECTING THE CITY CLERK TO AMEND THE CITY CHARTER IN ACCORDANCE WITH THE ELECTION RESULTS AND THIS ORDINANCE; PROVIDING FOR INCLUSION INTO THE CITY CHARTER AND CODE; PROVIDING FOR AN EFFECTIVE DATE. 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; WHEREAS, an election was held on June 10, 2003, and in accordance with the majority vote and official election results the city charter must be amended in accordance with the terms of this ordinance amending Ordinance No. 2003-168; NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Charter Revision Ordinance (1) 2003 7/112003 1 Section 1. Amendment to Ordinance No. 2003-168. The election results of the special election held on June 3, 2003 are hereby adopted, Ordinance No. 2003-168 is amended in accordance therewith and the various sections of the City Charter amended by vote and as more specifically described in Section 2 hereinbelow are hereby adopted: Section 2. Amendments to City Charter. Section 7.9 "Lobbyist Disclosure" be added to the City Charter to read as follows: Section 7.9 Lobbvist Disclosure !ill The City Commission shall pass. maintain and enforce an ordinance. which requires all lobbyists as may be defined by the Miami- Dade County Code and as may be made more stringent by the City Commission. fu.) In addition to compliance with all other local 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 lobbyist is receiving for such lobbying 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 10bbyist may appear. all disclosures required herein or as otherwise required by State or County law. Any violation of this section shall render the issue being lobbied voidable. Section 2.3(c) "Limitations on Length of Service" of the 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 coftsec\:lti'le terms. No person mtty shall serve Oft the as a Commissioner for more than two Coftsoo\:lti'/e elected terms. No persoft may serve as a eombiftatioft of Mayor and COmmfssiofter for more than eight coftsec\:ltive years. Section 3.5 "City Clerk" of the City Charter be amended to read as follows: Section 3.5 City Clerk The Mayor shall ftominMe, ftfH.l the CemmiggioH, inel\:ldiHg the Mayor, by majority shall confirm, City Manager shall appoint a City Clerk (the "Clerk"). Charter Revision Ordinance (1) 2003 2 711/2003 The Clerk shall give notice of Commission meetings to its members and the public, shall keep the jOt:lfBal of its minutes of the City's proceedings which shall be a public record, shall be the custodiafl of the city seal, shall alBa be the reg1:llation official of the City, supervisor of city eleetians, and is hereby authorized to administer oaths, attest to the Mayor's or Manager's signatures, and shall perform such other duties, not in eOBfliet with the admiBistfative daties of the City Maflager, afld as the Cotnmission m.ay preseribe from time to time. The derk shall repart ta the Commission afld shall be removed by the Cammf.ssion atilizing the same prooeooFe f-or the Clerk as set forth for tlie Maflager in SeetioB 3.1(B). The eol'ftf)eBsatioH afld beBefits provided to the Clerk shall be set b)' tlie 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 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. including the establishment af personJlel palieies ftBd proeeOOres. 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 sefety fidelity bond or such other insurance instrument of comparable 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 5.1 "Elections" of the City Charter be amended to read 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 12 o'clock noon ("commencement term"), and will end at the eRd of the day af whieh regl:1lar eleetiOflB are held in the year ifl which his/her term. expires. midnight of the day before the commencement term. Section 2.1 "City Commission" of the City Charter be amended as follows: Charter Revision Ordinance (1) 2003 7/112003 3 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 consistffig of four (4) members ("Commissioners") and the Mayor. 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 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 maiority 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 of the 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. Article 8 "Transition Provisions" of the City Charter be amended as follows: Seet-ioB 8.1 Temporary Nature of .A...rtiele The follo'l/iRg seotiaRs of this "AJtide are iRsefted solely for the p\ill>ose of effectiRg the iReo~oratioR af the City afla the traflsitioR to a Rew lffiHlieipal govenUfteRt. Eooh section of this .AJticle shall lH:ltam.atieally, afla witheat f1::lf'tfler '1000 or oot of the eleotors of the City, OOeome iReffeetive afld RO 10Rger a part of this Charter at sHeh tome as the implelB0fttatiOR of sHeh sectioR has eeeR acoomplished. Charter Revision Ordinance (l) 2003 7/112003 4 SedioB 8.2 IBteFim. CaveFBiBg Body ,^..fter adoptiofl of this Chart-er b\:1t prior to the eleetiofl &fld aeeeptaRee of office of the first elected City Commissiofl, the gO'/emiflg bodJ for the City shall be Dade CO\:1flty Boam of C(')\:1aty Commissieaers. lB aet1ag as the govemiflg BodJ for the City duriag this iaterim period, the Dade COliaty Beam of Ce\:lflty Commissieaers shall provide all m\;}flicipal services to the City Bet sh.all aot mak-e decisi0ftS whieh celild reasoaably be postpOfled \;}fltil the eleetioR of the City CommissioR or which Ylo\:1ld materially alter or affeet the stat\:1S €lao withia the City Bmffidaries. 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. SeetioD 8.4 T&:lIfes aDd Fees URless otherwise modifiea by the City CoHlIBissioR, all lffi:Hiicipal taKes &fld fees imposed y.ithia the City bO\:1adarles by the CO\iRty as the HH:lRieipal gO'/eml'Beflt for \:1Rincorpofated Dade CO\;}flty, which taxes ana fees are iR effect OR the date of adoptioa of this Charter, shall eORtiRae at the same rate &fld oa the same ceaditioas as if those taxes &fld fees had beeR adepted aRd asses sea by the ~ SedioD 8.S IDitial EleetioD of City CammissioD ed MaY8F (a) TFaDsitioB. This SectioR shall apply to all geaeral &fld nlR off eleetioRs for ComIIlissiea &fld Mayer held OR before December 31, 2007, aad aRY eORflieting pro'/isiofls of this Charter shall Ret apply to s\:1ch electioas. (b) 1997 Eledi8Bs. The geReral &fld ruR off electieRs iR 1997 shall be held pursuant to the procedures set forth iR Seetioa 2.3 &fld Sectiofl 5.1(d) aRd (e), except as follov/s: i) The first City geaeral electioR for the electioa for the eleetiofl of the City CemIIlissioa shall be held OR J\:11y 29, 1997. The first City nlR off electiofl, if Reeessary, shall be held OR august 5, 1997. ii) Only those caBdidates will qualify f-or eleetioa who ha'/e filed writtea aotice of eaadidaey f{)f CommissioRer or Mayor (but BOt both) witfi the Dade Ce\:1aty EleetioRs DepartIReRt, which Rotice is received before 12:00 p.m., JURe 24, 1997, aad whieh aetiee shall: Charter Revision Ordinance (l) 2003 5 7/112003 (a) isweate 'Jlkether the etH'l:wdate seeks the offiee of COlmmssioser or Mayer; if for Cemmissioser, a partiealar seat 1 4 shall be desiga.ated; (b) eOfltws tke easdidate's oertifieat:ios that s/he is a qualified eleetor of tke State of Florida, is registered to vote is the City 8fld that t.fie persofl has resided eostiRaoasly ';,ithiH tke area eOffif)risiHg the City siRee July 29, 1996, and, more slleeifieally, has resided iH the Residestial .."-rea form whieh sIRe iRtesds to TI:lH for eleetiofl, if applicable, silice tkat dates; (C) COfltWH or be accomp8flied by sach other iHformatioH or statemeRt, if 8flY, as may be r-eqaired by ilie Dade CeuRty EleetioRs Departffioot; (d) be siga.ed by tke e8fldidat:e tH'l:d dely Rotarized; aRd (e) be accomp8flied by a ckeek payable to tke Dade County Electiofts Departmeflt iH the amouHt of $100.00. iii) there will be fOI:1f (4) , rather tl~8fl two (2), COlmnissioH seat:s to be filled. i 'I) the Mayor will be eleeted to a term eKpiriHg iH September, 2001, Uflless tker-e is a TI:lHoff eleetioHs ia October iR ',vhieh case the term will expire iR Oetober, ~ 'I) Two (2) Commissioners seats shall be f-or terms expiriRg is Se)3tember 1999, uRless there is a TI:lReff eleetiofl iR which case tke terms v,ill expire iR Oetober 1999. These particular seats shall be seleeted by drawisg lots the day followiRg the Chapter 8f>)3fOval eleetiefl by, 8fld iR the preseflee of, the Charter CommissioR aHd the poolic, at 7 p.m. at the Thusderbird Motel, 1&401 COlliHS .A..vooue. vi) Commissioflers elected to the remwRiflg two (2) seats will be elected to terms expiring iH SCJltember 200 1, Uflless there is a ruR off electiofl iH which ease the terms '.vill expire in October, 2001. (e) 1999 EleetiaBs. The gefleral and TI:lH off electioRs iH 1999 shall be held pl:1fSUaHt to the prooederes set forth iH SeetioRfsi 2.3, 2.4 and SectioH 5.1 (d) 8fld (e). Charter Revision Ordinance (1) 2003 7/112003 6 (d) MaxilRUm TerlBS. Notv/ithstftflding Section 2.3 (c), the two (2) COmmlssiofters elected in the 1997 elootioa far ftfl iRitial two (2) year period may serve for a maxiImlm of reR (10) cORsecati';e years aRd twa ffiOaths. (e) IBdudieB iBte Offiee. Those cftflaidates who are elected at the first regular eleetioR shall tak-e office at the initial Commission meetiRg, 'Hhieh shall be held at 7p.m. on the day following the election at the Th1:Hlderbird Motel, 19401 COlliRS ,A..veRl:le. Thereafter, the City Cammissioa shall meet at sach time ftfld plaee aB may be pr-eseribed by ordinftflce or resolutioR. ,A..ll meetings shall be p\:lblic. SeedeB 8.6 IBitial Ex:peBditures Upon reeeipt by the City of its first reveRaes, the City shall immediately pay the iRvoiees for expeRses, if ftfly, incurred iR the ElraftiRg and procmction of this Charter, inclading bat Bot limited to in'loiees for secretarial services, photocopies, mailing, legal and other services authorize by the City of S1:HlRY Isles Beach Charter Commission. SedieR 8.7 Fisea. Year aBd First Budget The first fiscal year of the City shall COmm.eflce Oft the effective date of this Charter ftfld shall ead on September 3, 1997. The first badget shall be adopted on or before September 30, 1997. Sed-ieB 8.8 TraBsitieDa. OrdiBaRee aRd ReselutieRs The Commission shall adopt ordinances ftfld resal\:ltiofts requir-ed ta effect the tfaftsitioft. OraiRftflee adopted within (60) days after the firs CmnmissioR meetiftg may be passed as emergeRcy ordinftflces, pro',ided the voting requiremeRts iR this ease should be simple majority. These trftflsitioRal OMftftfleeS will be readopt-ed, reR8wed or otherv/ise cofttiRaed oRly iR the mftflBer Bormally prescribed for ordiftances. SeetieR 8.9 Erred ef CurreRt CouRty aDd State Laws f..ll Dade CO\:lnty ordiBaflces, resolutions, orders ftfld regulatiaRs ....;hich are in foree when this Charter becomes fully effective are repealed to the extoot that they are iBcoRsisteBt or iBterfere with the effective operatioft of this Charter or the Code adopted p\:H'saant thereto. To the eKtoot the COflstitatioB ftfld the laws of the State of Plarida permit, allla'.Ys relating to or affectiBg this mt:lBieipality v/hioh are iB f-arce \vhoo this Charter becomes fully effective are superseded te the extoot they are iBcoRsistent or iBterfer'6 with the operatioB af this Charter ar the Code adopted parsuftflt thereto. SeetioR 8.10 EledieR OR the Name ef tile City Charter Revision Ordinance (1) 2003 7/112003 7 Not later than August 1, 1998, the City Clerk shall sehedule afI. election t I 0 deeide whether the name of t-he City shall be changed to 1\:lenR:ifa Beach. Section 3. Repealer. All ordinances or parts of ordinances in conflict herewith be, and the same, are hereby repealed. Section 4. Severability. 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 5. Directions to Clerk. The City Clerk is hereby directed to amend the City Charter in accordance with the election results and this ordinance. Section 6. 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-Iettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article", or other appropriate word. Section 7. Effective Date. This Ordinance is retroactive to the date of the special election on June 10, 2003. PASSED and ADOPTED on First Reading the 19th day of June, 2003. PASSED and ADOPTED on Second Reading this '7 'day of ATTEST: ~ A:,'~- Jane A. Hines, Acting City Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Charter Revision Ordinance (1) 2003 7/112003 8 Moved by: ~ .b W\ wu.~ Sol OtVf.h()~mftO Second by: "\e.~ M ~ OV E~~ \ VOTE: ~ to ~ in favor. Mayor Samson Vice Mayor Edelcup Commissioner Goodman Commissioner Iglesias Commissioner Kauffman Charter Revision Ordinance (1) 2003 7/112003 ~es 1::"yes ~es ~: no no no no no 9