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
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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
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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
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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
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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
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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.
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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
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