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HomeMy WebLinkAboutOrdinance 2004-207 ORDINANCE NO. 2004- ;;2 D'1 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PROVIDING FOR AMENDMENT OF THE CITY CHARTER BY AMENDING SECTION 2.5 "VACANCIES; FORFEITURE OF OFFICE; FILLING OF VACANCIES" BY AMENDING SUBSECTION (c) "FILLING OF VACANCIES" TO REVISE PROCEDURE FOR FILLING VACANCY IN OFFICE OF MAYOR AND COMMISSION MEMBERS; AMENDING SECTION 2.6 "COMPENSATION; REIMBURSEMENT FOR EXPENSES" TO PROVIDE FOR COMPENSATION FOR THE MAYOR AND CITY COMMISSIONERS; AMENDING SECTION 5.1 "ELECTIONS" TO REVISE DATE OF GENERAL ELECTION FOR MAYOR AND CITY COMMISSIONERS; AMENDING SECTION 2.3 "ELECTION AND TERM OF OFFICE" TO REVISE LIMITATIONS ON LENGTHS OF SERVICE AS MAYOR AND CITY COMMISSIONERS AND TO ESTABLISH TERM LIMITS FOR MEMBERS SERVING ON THE CITY COMMISSION; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR COPIES OF THIS CHARTER AMENDMENT TO BE AVAILABLE FOR PUBLIC INSPECTION; PROVIDING FOR THE CITY CLERK TO UTILIZE THE SERVICES OF MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR ADOPTION OF ENABLING RESOLUTION; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sections 6.01(a) of the Charter ofthe City of Sunny Isles Beach provides that the Commission may, by ordinance, propose amendments to the Charter subject to approval by the electorate at the next general election or at a special election called for such purpose; and WHEREAS, the commission has determined to submit certain proposed Charter amendments for approval or disapproval by the electors. NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOLLOWS: Section I. Vacancies; Forfeiture of Office; Filling of Vacancies That Section 2.5 "vacancies; forfeiture of office; filling of vacancies" of the City charter, is amended by revising subsection (c) "Filling of Vacancies" of this section, to read as follows: i) lOess than six (6) months remain ifl the ooexpired term, the ','acancy shall be filled by a nominee of the Mayor, within thirty (30) days f-ollowiflg the occurrence of the "acancy, subject to confirmatiofl by the Commissiofl. ii) If six (€)) months or more remaifl in the 1:Ulexpired term, the vacanoy shall be filled by a nominee of the Mayor within thirty (30) days followiflg the OCClHTence of the vacancy, subject to Charter Amendment Second Reading Section 2.5, 6,5. I, & 5.1, & 2.3 of the City Charter 1 cOl'lfirmatiol'l by the Commissiol'l. The nominee shall fill the yaeency until the next reg1:llarly seheduled eleetiol'l il'l Miami Dade Col:Jftty, unless the Commissioft in unable to eoftfirm a l'lominee, il'l \\ilieh ease a special eleetiol'l to fill that '/aeaney shall be held l'l0 later than l'lil'lety (90) days following the oee1:lITel'lee of the YaC8fl:cy. iii) If the Mayor's positiol'l becomes '/aeant, the Vice Mayor shall eomplete the term of Mayor if less than six (€i) momhs remain in the unexpired term. The yac8fl:ey tlms ereated on the Commissiol'l shall be filled in the mar..ner that the yacaney of a Commissioner is gel'lerally filled ooder this Charter. The Commissiofl shall theft appoim a l'lew '1iee Mayor. If the eleeted Mayor shall be retl:lm.ed to office, s!he shall automatieally reswne the duties of the offiee for the balanee of the term f-or whieh eleeted and the Vice Mayor shall be retl:lfl'led to eomplete the balanee of ms/her term. N e'/ertheless, if six (6) months or more remail'l il'l the ooexpired term, a speeial eleetiol'l shall be held f-or the election of a l'lew Mayor .....ithil'll'linety (90) days followil'lg the oeeW'fel'lee of the vacaney. (c) Filling of Vacancies of Mayor and Commissioners i) If the Mayor's position becomes vacant, and no more than six (6) months remain in the unexpired term of the Mayor, the Vice-Mayor shall complete the term of Mayor. Ifmore than six (6) months remain in the unexpired term of the Mayor, the vacancy shall be filled by a special election to be held not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy, unless there is a City, County or State or national election scheduled to take place not sooner than forty-five (45) or more than ninety (90) days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The Vice-Mayor shall serve the term of the Mayor until the special election or scheduled election. A new Vice-Mayor shall serve until the election or scheduled election, unless reappointed. (ii) If the vacancy occurs on the Commission, and no more than six (6) months remain in the unexpired term, the vacancy shall be filled by a nominee of the Mayor, within thirty (30) days following the occurrence of the vacancy subject to confirmation of the Commission. Ifmore than six months remains in the unexpired term of a Commissioner, the vacancy shall be filled by a special election to he held not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy, unless there is a City, County, State or national election scheduled to take place not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy, in which case the vacancy shall be filled by the scheduled election. The vacancy occurring on the Commission shall be filled by a nominee of the Mayor within thirty (30) days following the occurrence of the vacancy, subject to the confirmation of the Commission. The nominee shall fill the vacancy until the special election or scheduled election. Section 2. Compensation; reimbursement for Expenses. That Section 2.6 "Compensation; reimbursement for expenses" of the City charter, is amended by revising this section, to read as follows: Section 2.6 Compensation; reimbursement for Expenses. City Commissioners, including the Vice-Mayor, shall serve without compel'lsation bm: shall r-eeeh'e Charter Amendment Second Reading Section 2.5, 6,5. I, & 5. I, & 2.3 ofthe City Charter 2 reimb1:H'semeat in aeeOl'danee with applieable law, or as may be othenvise proyided by ordiFla:flee, for amhorized r-easonable expenses inel:H'fed in the performanee oftheir offieial duties, as e'lideneed by proper reeeipts and as approved by the City Manager. receive compensation in the amount of $1000.00 per month and the Mayor shall receive compensation in the amount of $1.250.00 per month. Compensation provided herein. shall be increased in accordance with the CPI index. eost of li',ing adjustment provided tEl employees of the City. 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. Section 3. Elections Section 5.1 "Elections" of the City Charter is amended by revising this Section to read as follows: (c) Election Dates. A general election shall be held in each odd-numbered year on the second Tuesday following the first Monday in September November. A run-off election, if necessary, shall be held on the second Tuesday following the first Monday of October December. In the event an election date falls on a religious holiday, the City Commission may, by ordinance, change the dates for qualifying and for the election. Section 4. Election and Term of Office. Section 2.3 "Election and Term of Office" of the City Charter is amended by revising this Section to read as follows: (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 election. 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. Section 5. Form of Ballot. The form of ballot of the Charter amendments provided for in sections 1 through 4, inclusive, of this Ordinance shall be as follows: 1. FILLING A VACANCY IN OFFICE OF MAYOR. If more than six months remain in the Mayor's term, the City Charter currently provides that a special election is required to be held within 90 days to fill a mayoral vacancy. It is proposed that the Charter be amended to provide that a special election be held not sooner than 45 days or more than 90 days following the occurrence of the vacancy in the Mayor's position. Shall the above described amendment be adopted? Yes [] No [] Charter Amendment Second Reading Section 2.5, 6,5.1, & 5.1, & 2.3 of the City Charter 3 2. FILLING A VACANCY IN OFFICE OF COMMISSIONER. The City Charter provides that a vacancy in the Office of Commissioner is filled by appointment depending upon the length of the unexpired term and the occurrence of a general election. It is proposed that the Charter be amended to provided that vacancies for an unexpired term of six months or less be filled by appointment and that other vacancies be filled by special election to be held, not sooner than forty-five (45) days or more than ninety (90) days following the occurrence of the vacancy. Shall the above described amendment be adopted? Yes [] No [] 3. COMPENSATION. The City Charter currently provides that the Mayor and the City Commissioners shall serve without compensation. It is proposed that the Charter be amended to provide City Commissioners with a monthly compensation of $1,000.00 for their services on the Commission, and the Mayor with a monthly compensation of$1 ,250.00 for his or her service on the Commission. Shall the above described amendment be adopted? Yes [] No [] 4. REVISION OF GENERAL ELECTION DATE FOR MAYOR AND COMMISSION. The City Charter currently provides that the date of the general election for Mayor and Commissioners shall be in September of each odd-numbered year. It is proposed that the Charter be amended to revise and extend the date of election to the second Tuesday in November of each odd-numbered year. Shall the above described amendment be adopted? Yes [] No [] Charter Amendment Second Reading Section 2.5, 6,5.1, & 5.1, & 2.3 of the City Charter 4 5. TERM LIMITS FOR MEMBERS OF THE COMMISSION. The City Charter currently provides that a person may serve two elected terms as Mayor and two elected terms as a City Commissioner. It is proposed that the Charter be amended to provide that time served in filling a vacancy as a Mayor or commissioner shall not be deemed a "term" unless the time served is more than two (2) years. Shall the above described amendment be adopted? Yes [] No [] Section 6. Charter Amendment to be Available for Public Inspection. and for the City Clerk to Utilize the Services of Miami-Dade County Supervisor of Elections 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. Copies ofthis 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. The City Clerk is authorized to utilize the services of Miami-Dade County Supervisor of Elections for any assistance required in the administration of the election. Section 7. Providing for Inclusion in the Charter It is the intention of the City Commission and its is hereby ordained that the provisions of this Ordinance shall become and made a part of the Charter of the City of Sunny Isles beach, Florida, as to each Charter amendment measure approved by a majority of voters on such measure in such election; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 8. Providing for Adoption of Enabling Resolution. The City Commission shall provide for enactment of an enabling resolution submitting the proposed amendments to the electorate pursuant to Section 5.03 of the Dade County Charter. Section 9. Severability. The provisions of this Ordinance are declared to be seyerable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Charter Amendment Second Reading Section 2.5, 6,5. I, & 5. I, & 2.3 of the City Charter 5 Section 10. Effective Date. This Ordinance shall become effective upon adoption on second reading, and each of the Charter amendment measures provided herein shall be effective only upon approval of a majority of electors voting on the measure, effective upon certification of the election results. If conflicting amendment s are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. 44- PASSED AND ADOPTED upon first reading this ::J.O day of PASSED AN ADOPTED upon second reading this ~day of m~ ~~ , 2004. , 2004. ATTEST: '"...\~.~~ Jane A. Hines, CIty Clerk APPROVED AS TO LEGAL FORM AND SU FICIENCY: Motion on second reading by: V I ( .. ~~:~OO~\71 r'\-ttJ Second on second reading by: C'....oW\'YY' <:: 1t-+ALf-'<- VOTE: 6-0 Mayor Norman S. Edelcup Vice Mayor Gerry Goodman Commissioner Roslyn Brezin Commissioner Daniel Iglesias Commissioner Lewis Thaler (yes) V (yes) V (yes) V (yes) /,./ (yes) V (no)_ (no)_ (no)_ (no)_ (no)_ Charter Amendment Second Reading Section 2.5, 6,5.1, & 5. I, & 2.3 of the City Charter 6