2011-17RESOLUTION N0.2011-17
RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE
SUBMISSION TO THE ELECTORS OF PROPOSED
AMENDMENTS TO THE CITY CHARTER AS PROVIDED
BY THE CHARTER REVISION COMMISSION, IN
ACCORDANCE WITH SECTION 7.06 OF THE CITY
CHARTER; CONSISTING OF PROPOSED CHARTER
AMENDMENTS CONCERNING PARAGRAPH (C) "
LIMITATIONS ON LENGTHS OF SERVICE" OF SECTION
2.03 "ELECTION AND TERM OF OFFICE" OF THE CITY
CHARTER PROVIDING REQUISITE BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE;
CALLING A SPECIAL ELECTION ON THE PROPOSED
AMENDMENTS TO THE CITY CHARTER TO BE HELD
ON TUESDAY, THE 12TH DAY OF APRIL, 2011;
PROVIDING NOTICE OF ELECTION; PROVIDING FOR
MAIL BALLOT ELECTION; PROVIDING FOR
INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE
DATE.
WHEREAS, pursuant to Section 7.06 of the City Charter, the Charter Revision
Commission has determined that certain revisions are needed to the City Charter and has by
report of December 21, 2010 submitted the proposed amendment of the City Charter (the
"Charter Amendments") to the City Commission; and
WHEREAS, pursuant to Section 7.06 of the City Charter, the City Commission is
required to submit the Charter Amendments to the electors of the City for approval or rejection.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS:
Section L Recitals Adopted. That the above stated recitals are hereby adopted and
confirmed.
Resolution No. 2011-17
Page 2
Section 2. Charter Amendments. That pursuant to Section 7.06 of the City Charter and
Section 6.03 of the Miami-Dade County Charter, the City Charter of the City of Aventura,
Florida, is hereby amended by amending the City Charter Section described below in Part A , to
read as follows:l
Part A. That paragraph (c) "Limitations on lengths of service" of Section 2.03 "
Election and term of office" of the City Charter, is amended by revising paragraph (c) of said
section , to read as follows:
Section 2.03. Election and term of office.
(a)
Election and term of office. Each Commissioner and the Mayor shall be elected at-
large for four year terms by the electors of the City in the manner provided in Article
V of this Charter. The four-year term length which is provided for in this paragraph
(a), shall be extended as necessary to accomplish the election date revision made
pursuant to Charter Section 5.01 (c)(ii) of the City Charter, as applicable.
Accordingly, the term of office of the Mayor and Commission Seats 2, 4, and 6 which
would otherwise expire in March of 2009 shall instead expire in November 2010, and
the term of office of Commission Seats 1, 3 and 5 which would otherwise expire in
March of 2011, shall instead expire in November 2012.
(b)
Residential Areas. The City shall be divided by the William Lehman Causeway into
two residence areas: the north area consisting of those portions of the City lying north
of the William Lehman Causeway (the "Northern Area") and the south area
consisting of those portions of the City lying south of the William Lehman Causeway
(the "Southern Area"). Collectively the Northern Area and the Southern Area are
"Residential Areas"; individually, each is a "Residential Area." Two Commissioners
shall reside in the Northern Area (Seats 1 and 2), two Commissioners shall reside in
the Southern Area (Seats 3 and 4), and two Commissioners shall be elected without
regard to residence in any particular Residential Area (Seats 5 and 6). Persons
running from a particular Residential Area must be a resident of the Residential Area
which s/he proposes to represent on the Commission at the time of qualifying, at the
1 / Proposed additions to existing City Charter text are indicated by underline; proposed deletions from
existing City Charter text are indicated by s~i#egk.
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Resolution No. 2011-17
Page 3
time of his/her election and must continue to reside in such Residential Area during
his/her term of office. The Commissioners from Residential Areas 1, 2, 3, and 4 are
collectively the "Residential Area Commissioners;" individually, each is a
"Residential Area Commissioner." The Commissioners holding seats 5 and 6 are
collectively the "At-Large Commissioners"; individually, each is an "At-Large
Commissioner."
(c)
Limitations on lengths of service. No person shall serve as Mayor for more than two
consecutive elected terms. No person may serve as a Commissioner eke
E~~~ris~ien for more than two consecutive terms. No person may serve as a
combination of Mayor and Commissioner for more than eigl}t twelve consecutive
years2, except for the additional length of service as Mayor and/or Commissioner
described in paragraph (a) above, which results from the extension of the term of
office of Mayor and/or Commissioner as produced by the election date change
provided by Charter Section 5.01 (c)(ii). Service shall be deemed to be consecutive
unless there is an intervening four-year period during which the individual does not
serve as a Commissioner or Mayor (the "Break in Service"). "~•~ -'°-~~°~ ~°~~~~~- *~°
seri~~ei~s~ener: Aa~y~e~se~ se~~g~l}e~~~~~~r~-u
. Any
person serving the maximum amount of time as a combination of Mayor and
Commissioner must have a four year Break in Service before serving as Mayor or
Commissioner. This Break in Service requirement shall be applicable only
prospectively and shall apply to any person who after the effective date of this Break
in Service provision reaches the maximum limitation on length of service which is
provided herein. No candidate may run for either the office of Mayor or
Commissioner when, if elected, the person would exceed the limitations on service
set forth in this paragraph by any length of time taking into account the full regular
term for the office sought.
Section 3. Election Called. That a special election is hereby called, to be held on
Tuesday, the 12t" day of April, 2011, to present to the qualified electors of the City of Aventura,
the ballot question provided in Section 4 of this Resolution.
2 The Charter Revision Commission Report of December 21, 2010, provides examples of the application of this 12
dear limit ,which shall serve as an aide to the construction of the amendment .
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Resolution No. 2011-17
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Section 4. Form of Ballot. That the form of ballot for the Charter Amendments
provided for in Section 2 of this Resolution shall be substantially as follows:
CITY OF AVENTURA CHARTER AMENDMENTS
REVISED LIMIT ON TOTAL COMBINED YEARS OF SERVICE
AS MAYOR AND COMMISSIONER
The City Charter currently allows a person to serve up to 8 consecutive
years as Mayor and Commissioner, regardless of whether that person
serves as Mayor or Commissioner or serves separately in both capacities.
It is proposed that the City Charter be amended to allow a person to serve
a combined total of 12 consecutive years, for any person who serves as
both Mayor and Commissioner .
Shall the above- described Charter amendment be adopted?
YES ( )
NO ( )
Section 5. BallotinE. That mail ballots, as prescribed by Section 101.6101-101.6107,
Florida Statutes, shall be used in this special election. All qualified City electors who are timely
registered in accordance with law shall be entitled to vote. The City Clerk is authorized to obtain
any necessary election administration services from the Miami-Dade County Supervisor of
Elections. The County registration books shall remain open at the Office of the Miami-Dade
County Supervisor of Elections until March 14, 2011, at which date the registration books shall
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Resolution No. 2011-17
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close in accordance with the provisions of the general election laws. The Miami-Dade County
Supervisor of Elections is hereby authorized to take all appropriate action necessary to carry into
effect and accomplish the provisions of this Resolution. This special election shall be canvassed
by the County Canvassing Board unless otherwise provided by law.
Section 6. Notice of Special Election. That notice of said special election shall be
published in accordance with Section 100.342, Fla. Stat., in a newspaper of general circulation
within the City at least 30 days prior to said election, the first publication to be in the fifth week
prior to the election (to-wit: during the week commencing Sunday, March 6, 2011), and the
second publication to be in the third week prior to the election (to-wit: during the week
commencing Sunday, March 20, 2011), and shall be in substantially the following form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
RESOLUTION NO. ADOPTED BY THE CITY
COMMISSION OF THE CITY OF AVENTURA, FLORIDA
(THE "CITY") A SPECIAL ELECTION HAS BEEN CALLED
AND ORDERED TO BE HELD WITHIN THE CITY ON
TUESDAY, THE 12TH DAY OF APRIL, 2011, BY MAIL
BALLOT, AT WHICH TIME THE FOLLOWING CHARTER
AMENDMENT PROPOSAL SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE CITY.
CITY OF AVENTURA CHARTER AMENDMENTS
REVISED LIMIT ON TOTAL COMBINED YEARS OF SERVICE AS
MAYOR AND COMMISSIONER
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Resolution No. 2011-17
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The City Charter currently allows a person to serve up to 8 consecutive
years as Mayor and Commissioner, regardless of whether that person
serves as Mayor or Commissioner or serves separately in both capacities.
It is proposed that the City Charter be amended to allow a person to serve
a combined total of 12 consecutive years, for any person who serves as
both Mayor and Commissioner.
Shall the above- described Charter amendment be adopted?
YES ( )
NO ( )
The full text of the proposed City Charter Amendment is available at the office of
the City Clerk located at 19200 West Country Club Drive, Aventura, Florida
33180.
City Clerk"
Section 7. Copies. That copies of this Resolution proposing the Charter Amendments
are on file at the offices of the City Clerk located at 19200 West Country Club Drive, Aventura,
Florida 33180, and are available for public inspection during regular business hours.
Section 8. Effectiveness. That the Charter Amendments provided for in Section 2 above
shall become effective if the majority of the qualified electors voting on the specific 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 Amendments, the City
Clerk shall file the adopted Charter Amendments with the Clerk of the Circuit Court of Miami-
Dade County, Florida.
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Resolution No. 2011-17
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Section 9. Inclusion In The Charter. That subject to the requirements of Section 8
above, it is the intention of the City Commission and it is hereby provided that the Charter
Amendments shall become and be made a part of the Charter of the City of Aventura ;and that
footnote 2 of Section 2 shall be codified as an explanatory guide to the construction of the
amendment of Charter section 2.03 (c); and that the Sections of this Resolution may be
renumbered or relettered to accomplish such intention.
Section 10. Effective Date of Resolution. That this Resolution shall become effective
immediately upon adoption hereof.
The foregoing Resolution was offered by Vice Mayor Diamond, who moved its adoption.
The motion was seconded by Commissioner Weinberg, and upon being put to a vote, the vote was
as follows:
Commissioner Zev Auerbach yes
Commissioner Teri Holzberg absent
Commissioner Billy Joel yes
Commissioner Michael Stern yes
Commissioner Luz Urbaez Weinberg yes
Vice Mayor Bob Diamond yes
Mayor Susan Gottlieb yes
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Resolution No. 2011-17
Page 8
PASSED AND ADOPTED this 1St day of February, 2011.
san ottlieb, Mayor
Attest:
Approved as to Form and Legal Suff iency:
City Attorney