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HomeMy WebLinkAboutOrdinance 2011-363 ORDINANCE NO. 2011- 3(0 3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING SECTION 2.3 (b) "RESIDENTIAL AREAS" TO REQUIRE PERSONS RUNNING FROM A PARTICULAR RESIDENTIAL AREA TO BE A RESIDENT OF THE RESIDENTIAL AREA CONTINUOUSLY FOR AT LEAST ONE YEAR PRIOR TO QUALIFYING; PROVIDING FOR REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; PROVIDING FOR COPIES OF THE CHARTER AMENDMENT TO BE AVAILABLE FOR PUBLIC INSPECTION; CALLING A SPECIAL ELECTION ON THE PROPOSED CHARTER AMENDMENT TO THE CITY CHARTER TO BE HELD IN CONJUNCTION WITH THE MIAMI-DADE COUNTY SPECIAL ELECTION OR GENERAL ELECTION; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR BALLOTING AND ELECTION PROCEDURES; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Sections 6.01 (a) of the Charter of the 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, as a result of the November 2, 2010 Election, the City Commission wishes to clarify Section 2.3(b) by requiring persons running from a particular Residential Area to be a resident of the Residential Area continuously for at least one year prior to qualifying. NOW THEREFORE, BE IT ORDAINED BY THE CITY COMMISISON OF THE CITY OF SUNNY ISLES BEACH,FLORIDA,AS FOLLOWS: Section 1. Recitals adopted. That each of the recitals stated above is hereby adopted and confirmed. Section 2. Charter Amendment. That pursuant to Section 6.01(a)(i) of the City Charter and Section 6.03 of the Miami-Dade County Charter, the City Charter of the City of Sunny Isles Beach, Florida, is hereby amended by amending subsection (b) of Section 2.3 of the City Charter, as described below in Part A, to read as follows: Part A. Subsection (b) of "Residential Areas" Section 2.3 of the City Charter of the City of Sunny Isles Beach is hereby amended to read as follows: 02011-Charter Amendment Election Called Re Resident For One YearPage 1 of 5 Section 2.3 Election and Term of Office. (b) Residential Areas. The City shall be divided into four (4) residential areas. The Northern Residential Area shall be called Seat 1. The Central Residential Area shall be called Seat 2. The Southern Residential Area shall be called Seat 3 and the Mid-South Residential Area shall be called Seat 4. The boundaries of each residential area shall be established by Ordinance based on population. Said Ordinance is required to be adopted by a super-majority vote or 4-1 vote of the City Commission. The City Commission may from time to time redraw the boundaries of the residential areas to ensure proportionality based on population growth. The boundary changes shall be made available to public immediately upon the adoption of the Ordinance. One Commissioner shall reside in the Northern Residential Area (Seat 1), one Commissioner shall reside in the Central Residential Area (Seat 2); one Commissioner shall reside Southern Residential Area (Seat 3); and one Commissioner shall reside in the Mid-South Residential Area (Seat 4). Persons running from a particular Residential Area must be a resident of the Residential Area which s/he proposes to represent on the Commission continuously for at least one year prior to at the time of qualifying, at the time of his/her election and must continue to reside in such Residential Area during his/her term of office. Commissioners holding Seats 1, 2, 3 or 4 are collectively referred to as the "Residential Area Commissioners", individually as a "Residential Area Commissioner". Section 3. Election Called. A Special Election is hereby called to be held on the date that Miami-Dade County has called a Special Election or General Election, to present to the qualified electors of the City of Sunny Isles Beach, the ballot question provided below in Section 4 of this Ordinance. Section 4. Form of Ballot. A. The form of ballot for the Charter Amendment provided for in Section 2 of this Ordinance shall be substantially, as follows: 1. Require Persons Running from a Particular Residential Area be a Resident of the Residential Area Continuously for at Least One Year Prior to Qualifying. The City Charter currently provides that a person running from a particular residential area be a resident of that area at the time of qualifying. It is proposed that the Charter be amended to require a person running from a particular residential area to be a resident of that area continuously for at least one year prior to qualifying. Shall the above described amendment be adopted? Yes [ No [ B. The City Commission may revise the ballot form which is set forth above by Resolution. 02011-Charter Amendment Election Called Re Resident For One YearPage 2 of 5 Section 5. Balloting and Canvassing. A. The balloting shall be conducted on the date that Miami-Dade County has called a Special Election or General Election, between the hours of 7:00 A.M. and 7:00 P.M. at the regular polling places provided for elections in the City. Absentee balloting shall be available as authorized by law. Early voting pursuant to Section 101.657, Florida Statutes, shall be provided. All qualified City electors who are timely registered in accordance with law shall be entitled to vote. B. The City Clerk is authorized to obtain any necessary election administration services from the Miami-Dade County Supervisor of Elections. The City Clerk and the County Supervisor of Elections are hereby authorized to all appropriate action necessary to carry into effect and accomplish the electoral provisions of this Ordinance. This Special Election shall be canvassed pursuant to the City Charter and City Code, unless otherwise provided by law. Section 6. Notice of Election. The City Commission hereby directs the City Clerk to publish the notices of said election in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to said election, and the notice shall be in substantially the following form: "NOTICE OF SPECIAL ELECTION" PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO ORDINANCE N02011- al, ADOPTED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, A SPECIAL ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY OF SUNNY ISLES BEACH ON THE DATE THAT MIAMI- DADE COUNTY HAS CALLED A SPECIAL ELECTION OR GENERAL ELECTION, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSAL SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY FOR APPROVAL OR REJECTION. 1. Require Persons Running from a Particular Residential Area be a Resident of the Residential Area Continuously for at Least One Year Prior to Qualifying. The City Charter currently provides that a person running from a particular residential area be a resident of that area at the time of qualifying. It is proposed that the Charter be amended to require a person running from a particular residential area to be a resident of that area continuously for at least one year prior to qualifying. Shall the above described amendment be adopted? Yes [ ] No [ ] 02011-Charter Amendment Election Called Re Resident For One YearPage 3 of 5 The full text of the proposed Charter Amendments is available at the Office of the City Clerk located at 18070 Collins Avenue, Sunny Isles Beach,Florida 33160. Section 7. Copies. The place, information, and the full text of the proposed City Charter Amendment is available at the office of the City Clerk at 18070 Collins Avenue, Sunny Isles Beach, Florida. Copies of this Ordinance providing for the Charter Amendment 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 8. Effectiveness. The Charter Amendment provided for in Section 2 above shall become effective if the majority of the qualified electors voting on the Charter Amendment vote for its adoption, and it shall be considered adopted and effective upon certification of the election results. Following adoption of the Charter Amendment, the City Clerk shall file the adopted Charter Amendment with the Clerk of the Circuit Court of Miami-Dade County, Florida. Section 9. Severability. If any section, subsection, clause or provision of this Ordinance is declared invalid or unconstitutional by a court of competent jurisdiction, the remainder shall not be affected by such invalidity. Section 10. Inclusion In The Charter. It is the intention of the City Commission, and it is hereby provided that the Charter Amendment become and be made a part of the Charter of the City of Sunny Isles Beach; that the sections of this Ordinance may be renumbered or re-lettered to accomplish such intentions. Section 11. Effective Date of this Ordinance. This Ordinance shall become effective upon adoption on second reading. However, this Ordinance shall not apply to any subsequent election unless a year has elapsed from the date of approval of the proposed Charter Amendment by the electors. PASSED and ADOPTED on First Reading the I 7441 day of ravvitd2011. PASSED and ADOPTED on Second Reading this ket day of F} Q 2011. orman S. Edelcup, Mayor ATTEST: 4 ::::Sch1/4„. at.„„a„.2_ Jane A. 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Jorge L.Vera,Acting City Manager SF '*F L 0 0.�° % Hans Ottinot,City Attorney C1rr of suN '''° Jane A.Hines,CMC,City Clerk MEMORANDUM TO: The Honorable City Commission FROM: Norman S. Edelcup, Mayor DATE: April4, 2011 RE: Ordinance Amending City Charter to Require One (1) Year Residency Requirement to Qualify as a Candidate for a Residential Area RECOMMENDATION: This Ordinance is presented for your consideration. REASONS: The purpose of this Ordinance is to clarify Section 2.3(b) of the City Charter to require a one (1) year residency requirement to qualify as a candidate for a Residential Area Seat. This Ordinance was heard and approved by the City Commission on first reading at their meeting of March 17, 2011. To be completed by Department Head To be completed by City Clerk's Office Funding available: Approval: Agenda Item No.: 3 1 Finance Department City Manager q-04_ 11 Commission Meeting Date: SJNNY tsze Cityof SunnyIsles Beach City Commission s Norman S.Edelcup,Mayor d Lewis J.Thaler,Vice Mayor 18070 Collins Avenue y ti •;a 0 Sunny Isles Beach, Florida 33160 Isaac Aelion,Commissioner u x Jeanette Gatto,Commissioner ** * George"Bud"Scholl,Commissioner (305)947-0606 City Hall i *'99, oco 0- (305)792-1703 City Clerk's Office Jorge L.Vera,Acting City Manager * F �` (305)949-3 113 Fax Hans Ottinot,City Attorney c'ry of SUS rav Jane A.Hines,CMC,City Clerk April 4, 2011 Mr. Lester Sola Supervisor of Elections Miami-Dade County Elections 2700 N.W. 87th Avenue Miami, FL 33172 Dear Mr. Sola: Enclosed please find a certified copy of Sunny Isles Beach Ordinance No. 2011-363 and of Resolution No. 2011-1698, calling for a Special Election on May 24, 2011, for the purpose of submitting to the electorate of the City of Sunny Isles Beach a Charter Amendment. Please note that the Miami-Dade County Supervisor of Elections and his staff of officials shall serve as Canvassing Board. We understand that the County Commission still needs to decide whether or not to allow our ballot question onto the May 24, 2011 Miami-Dade County Special Election, pending their meeting of April 11, 2011. Thank you for your assistance. Sinc rely, ka4-6_,..u..) Jane A. Hines, CMC City Clerk Enclosures c: Jorge L. Vera, Acting City Manager Hans Ottinot, City Attorney Tara C. Smith, Chief Deputy Supervisor Christina White, Director, Office of Governmental Affairs