2009-09ORDINANCE N0.2009-09
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
AMENDING ARTICLE II "CITY COMMISSION AND MAYOR"
OF CHAPTER 26 "ELECTIONS" OF THE CITY CODE OF THE
CITY OF AVENTURA BY AMENDING SECTION 26-31 "TIME
AND MANNER OF QUALIFICATION OF CANDIDATES", BY
AMENDING SECTION 26-32 "COMMENCEMENT OF TERM OF
ELECTED OFFICIALS", BY AMENDING SECTION 26-34 "EARLY
VOTING"; AND AMENDING ARTICLE I "IN GENERAL" OF
CHAPTER 2 "ADMINISTRATION" BY AMENDING SECTION 2-2
"APPOINTMENT OF VICE MAYOR" IN ORDER TO ENSURE
CONSISTENCY WITH RECENTLY AMENDED CITY CHARTER
SECTION 2.03 "ELECTION AND TERM OF OFFICE" AND CITY
CHARTER SECTION 5.03 "ELECTIONS" WHICH REVISED THE
DATE OF GENERAL MAYORAL AND COMMISSION
ELECTIONS; PROVIDING FOR INCLUSION IN THE CODE,
PROVIDING FOR SEVERABILITY, PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, the Miami-Dade County Supervisor of Elections recommended that the
City of Aventura revise the date of City mayoral and commission elections from the first
Tuesday in March of odd numbered years to the first Tuesday after the first Monday in
November of even numbered years in order to coincide with county-wide general elections; and
WHEREAS, the City Commission found that revising the date of the City's general
election as described above, would result in a considerable cost savings for the City and further
found that the election date revision may serve to enhance voter participation in the City's
electoral process; and
WHEREAS, the proposed amendments to the City Charter revising the dates of the
City's general election were approved by the City's electorate during the special election held on
Apri122, 2008; and
Ordinance No. 2009-09
Page 2
WHEREAS, the City Commission desires to amend certain sections of the City Code in
order to ensure consistency with the recent amendments to the City Charter that revised the date
of the City's general election which were approved by the City's electorate and incorporated into
the City Charter by Ordinance No. 2008-05.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:1
Section 1. Recitals Adopted. That each of the above-stated recitals are hereby
adopted and confirmed.
Section 2. City Code Amended. That Section 26-31 "Time and manner of
qualification of candidates" of Article II "City Commission and Mayor" of Chapter 26
"Elections" of the City Code is hereby amended to read as follows:
Sec. 26-31. Time and manner of qualification of candidates.
The time and manner for qualification of candidates for election to the office of
Commissioner or Mayor shall be as follows:
(1) Regular election. The qualification period for candidates to file to run for the office
of Commissioner or Mayor shall commence on the first Monday which is no earlier than
~ 85 days and no later than ~ 79 days before the date of the regular election. The
duration of the qualifying period shall be for a period of five consecutive days
commencing on Monday at 8:30 a.m. and terminating on Friday at 4:30 p.m. and shall
' Additions to existing city code text are shown by underline; deletions from existing city code
text are shown by +~~'~°+'~~~~•~'~
Ordinance No. 2009-09
Page 3
run from 8:30 a.m. to 4:30 p.m. of each successive day between and including Monday
through Friday. Notwithstanding the above provision in the event that the Monday upon
which a qualif ins period would otherwise commence is a holiday the Qualifyin~ period
shall commence on Tuesday immediately following such holiday and shall be extended
for one 1) additional day to-wit• the followingLMonday with the same daily hours as
described above The City Commission may by resolution adiust the date of the
commencement and termination of the qualifvin~ period for a specific election in order to
comply with a request of the County Supervisor of Elections.
(2) Special elections. In circumstances in which a vacancy on the City Commission in
the office of Mayor or Commissioner is filled by special election, the qualifying period
shall commence on the first Monday ensuing after the adoption of a City Commission
resolution calling the special election and shall consist of a period of five consecutive
days commencing on Monday at 8:30 a.m. and terminating on Friday at 4:30 p.m., during
the same hours of each day as provided in paragraph (1) above.
(3) Qualification procedures.
a. For regular and special elections, as provided by paragraphs (1) and (2) above, it shall
be the duty of any person desiring to become a candidate for election to the office of
Mayor or Commissioner to file a written notice of candidacy, in the form set forth in
paragraph (4) below, accompanied by the qualification fee required by section 2.04 of the
City Charter and the additional election assessment imposed by State Statutes.
Ordinance No. 2009-09
Page 4
b. Candidates must meet the applicable residency qualifications provided by section
2.03(b), 2.04 and 2.05(c)(V) of the City Charter.
c. The place of qualification shall be the office of the City Clerk and the hours and dates
of qualifying shall be the applicable time period set forth in paragraph (1) or (2) above.
(4) Notice of candidacy. The form of notice of candidacy shall be as follows:
"I, the undersigned, an elector of the City of Aventura who has resided continuously in
the City for at least one (I) year preceding the date of filing of this notice of candidacy,
whose residence is in the City of Aventura, hereby announce my
candidacy for the office of (Commissioner, Seat No. ) (Mayor) [cross-out inapplicable
provision] to be voted for at the election to be held on the day of
and I hereby agree to serve if elected.
Signature of Candidate
DATE AND HOUR OF FILING:
RECEIVED BY:
/s/
CITY CLERK/ELECTION OFFICIAL
Ordinance No. 2009-09
Page 5
Section 3. City Code Amended. That Section 26-32 "Commencement of term of
elected officials" of Article II "City Commission and Mayor" of Chapter 26 "Elections" of the
City Code is hereby amended to read as follows:
Sec. 26-32. Commencement of term of elected officials.
(a) The next regular term of office for Commission seats 1, 3, and 5, which expire on
m-a~e-l~ '~° November 8, 2012, shall commence on 1~1~"'' ' ''~°°T° November 9,
2012 following the regular election.
(b) The next regular term of office for Commission seats 2, 4, and 6, and for Mayor,
which expire on "~"~"'' ~n~ inn, November 4, 2010, shall commence on m-~Ek-Z'~_
November 5, 2010 following the regular election.
(c) Except as provided in subsection (a) and (b) above, the term of office for the regular
terms of the Mayor and Commissioners shall commence upon the third day after the
first Tuesday following the first Monday in 1~4ar~~ November subsequent to the
occurrence of the election to fill the next regular term of office for the respective Mayoral
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Ordinance No. 2009-09
Page 6
Section 4. City Code Amended. That Section 26-34 "Early Voting" of Article II
"City Commission and Mayor" of Chapter 26 "Elections" of the City Code is hereby amended to
read as follows:
Sec. 26-34. Early voting.
(a) For any City election, including initiative,. referendum, bond issuance, charter
amendment or any special Mayoral and Commission elections (the "City Elections"),
which are not held in conjunction with a county or state election, this section shall govern
the matter of early voting. Further, early voting pursuant to this section shall comply with
the mandatory requirements of F.S. § 101.657(1)(e), as applicable. This Section shall not
apply to the general elections referenced in Section 5.01 of the Citv Charter.
(b) The provisions of F.S. § 101.657(2), shall not apply to ~+•~ °'°n4'°"° City Elections,
unless specifically made applicable by commission resolution.
(c) At any si~~~ City Election, it is hereby provided that early voting shall be
provided only on the Saturday and Sunday immediately before a e~-elec~ie}3 City
Election, unless otherwise provided pursuant to subsection (e) below.
(d) Early voting shall be provided for eight hours for each weekday and for an aggregate
of eight hours for each weekend on any weekday or weekend in which early voting is
allowed, unless otherwise provided pursuant to subsection (e) below.
(e) The City Commission may, by resolution, adopted in advance of a specific cry
elee-~ie~ City Election alter the schedule of days and hours for early voting from that
which is provided in subsections (c) and (d) above. This shall include the authority to
Ordinance No. 2009-09
Page 7
extend early voting or to eliminate early voting for a specific election at which absentee
balloting is available.
(f) The City Clerk is hereby authorized to take any action which is necessary or
expedient to implement this section or to comply with any applicable law including any
mandatory provisions of F.S. § 101.657.
Section 5. City Code Amended. That Section 2-2 "Appointment of Vice Mayor" of
Article I "In General" of Chapter 2 "Administration" of the City Code is hereby amended to read
as follows:
Sec. 2-2. Appointment of Vice Mayor.
The City Commission shall elect a Vice Mayor semi-annually, at the first Commission
meeting in ~rpril May and the first Commission meeting in 9e~eber November of each
year, by a majority vote of the City Commission.
Section 6. Severability. That the provisions of this Ordinance are declared to be
severable 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 effect 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.
Ordinance No. 2009-09
Page 8
Section 7. Inclusion in the Code. That it is the intention of the City
Commission, 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 Aventura; that the sections of this Ordinance may be
renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be
changes to "Section" or other appropriate word.
Section 8. Effective Date. That this Ordinance shall be effective immediately
upon adoption on second reading.
The foregoing Ordinance was offered by Commissioner Auerbach, who moved its
adoption on first reading. This motion was seconded by Commissioner Weinberg and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
The foregoing Ordinance was offered by Commissioner Weinberg, who moved its
adoption on second reading. This motion was seconded by Commissioner Auerbach, and upon
being put to a vote, the vote was as follows:
Commissioner Zev Auerbach yes
Commissioner Bob Diamond yes
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Teri Holzberg yes
Mayor Susan Gottlieb yes
Ordinance No. 2009-~
Page 9
PASSED AND ADOPTED on first reading this 14th day of April, 2009
PASSED AND ADOPTED on second reading his 5th ay of 2009.
usan Gottlieb, ayor
APPROVED AS TO LEGAL UFFICIENCY:
n
CITY ATTORNEY