Loading...
Ordinance No. 2016-07 Calling for Special Election for Charter Amendment on November 2016 Ballot - May 3, 2016 ORDINANCE NO. 2016-07 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF A PROPOSED AMENDMENT TO CITY CHARTER SECTION 7.06 "CHARTER REVISION", REVISING CHARTER AMENDMENT ELECTION TIMING PROCEDURES APPLICABLE TO THE PERIODIC CHARTER REVIEW PROCESS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENT TO THE CITY CHARTER TO BE HELD ON TUESDAY, THE 8TH DAY OF NOVEMBER 2016, IN CONJUNCTION WITH THE GENERAL ELECTION BEING HELD ON SAID DATE; PROVIDING NOTICE OF ELECTION; PROVIDING FOR ELECTION PROCEDURE; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 6.02(a)(i) of the City Charter, the City Commission has determined that an amendment (the "Charter Amendment") is needed to Section 7.06 "Charter Revision"of the City Charter, in order to adjust the timing of charter amendment elections which follow the periodic review of the City Charter by the Charter Revision Commission every 5 years; and WHEREAS, pursuant to Section 6.02 (a)(i) of the City Charter and Section 6.03 of the Miami-Dade County Charter, the City Commission is required to submit this proposed Charter Amendment to the electors of the City for approval or rejection. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA,FLORIDA,AS FOLLOWS: Section 1. Recitals Adopted. That the above-stated recitals are hereby adopted and confirmed. Section 2. Charter Amendment. That pursuant to Section 6.02(a)(i) of the City Charter and Section 6.03 of the Miami-Dade County Charter, the City Charter of the City of Aventura, City of Aventura Ordinance No. 2016-07 Florida, is hereby amended by amending City Charter Section 7.06 "Charter revision", to read as follows:t • Section 7.06. -Charter revision. At its first regular meeting in November of every fifth year after the adoption of this Charter,commencing with December,2000,the Commission shall appoint a Charter revision commission consisting of five persons,one of whom shall have served as a member of the previous Charter commission and four of whom shall be electors of the City. If a former Charter commission member is not available to serve,five electors of the City,rather than four,shall be appointed.The City Commissioners shall not be eligible for appointment to the revision commission.The revision commission shall commence its proceedings within 15 days after appointment by the Commission. If the revision commission determines that a revision is needed, including but not limited to a change in the boundaries or numbers of Residential Areas,it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Commission not later than January 1 of the following year after their appointment by the Commission.After receipt of the submission of the proposed amendments from the revision commission,The the Commission shall, _. . _ . . - _ . .:.•_. ., _• _ : ,submit them to the electors of the City at the next general election in the City or at a special election,if any, which is sooner called by the Commission for such purpose,in accordance with the provisions of Section 6.02,except that the provisions of subsections(a)and(b)of such Section shall not apply. Section 3. Election Called. That a special election is hereby called, to be held on Tuesday, the 8th day of November, 2016, in conjunction with the general election being held on said date, to present to the qualified electors of the City of Aventura (the "City"), the ballot question which is provided in Section 4 of this Ordinance. Section 4. Form of Ballot. That the form of ballot for the Charter Amendment provided for in Section 2 of this Ordinance shall be substantially as follows: CITY OF AVENTURA CHARTER AMENDMENT REVISED TIME FOR SCHEDULING CHARTER AMENDMENT ELECTIONS ON CHARTER AMENDMENTS PROPOSED BY CHARTER REVISION COMMISSION The City Charter currently requires the City to hold charter amendment elections within 60 to 150 days after receipt of charter amendment I / Proposed additions to existing City Charter text are indicated by underline; proposed deletions from existing City Charter text are indicated by strilEetlreugh. Page 2 of 7 City of Aventura Ordinance No.2016-07 recommendations from the City's charter revision commission. It is proposed that the Charter be amended to enable charter amendments to be presented to the voters of the City at the next upcoming general election in the City or a special election sooner called by the City Commission. Shall the Charter amendment be adopted? YES ( ) NO ( ) Section 5. Vote at Polls. That balloting shall be conducted between the hours of 7:00 A.M. and 7:00 P.M. on the date of the special election, and early and absentee balloting shall also be permitted as provided in conjunction with the general election. Polling places shall be those polling places provided for the general election for the electors of the City, pursuant to applicable laws. 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 twenty-nine (29) days prior to the date of such election, at which time the registration books will close in accordance with the provisions of the general election laws. The City Clerk and the Miami-Dade County Supervisor of Elections are hereby authorized to take all appropriate action necessary to carry into effect and accomplish the electoral provisions of this Ordinance. 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, October 2, 2016), and the Page 3 of 7 City of Aventura Ordinance No.2016-07 second publication to be in the third week prior to the election (to-wit: during the week commencing Sunday, October 16, 2016), and shall be in substantially the following form: "NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO ORDINANCE 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, IN CONJUNCTION WITH THE GENERAL ELECTION, ON TUESDAY, THE 8TH DAY OF NOVEMBER 2016, BETWEEN THE HOURS OF 7 A.M AND 7 P.M., AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSAL SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY. CITY OF AVENTURA CHARTER AMENDMENT REVISED TIME FOR SCHEDULING CHARTER AMENDMENT ELECTIONS ON CHARTER AMENDMENTS PROPOSED BY CHARTER REVISION COMMISSION The City Charter currently requires the City to hold charter amendment elections within 60 to 150 days after receipt of charter amendment recommendations from the City's charter revision commission. It is proposed that the Charter be amended to enable charter amendments to be presented to the voters of the City at the next upcoming general election in the City or a special election sooner called by the City Commission. Shall the Charter amendment be adopted? YES ( ) NO ( ) Polling place information, the enabling Ordinance, including the full text of the proposed City Charter Amendment and the ballot question, are available at the office of the City Clerk located at 19200 West Country Club Drive, Aventura, Florida 33180. City Clerk" Page 4 of 7 City of Aventura Ordinance No. 2016-07 Section 7. Copies. That copies of this Ordinance proposing the Charter Amendment is on file at the office of the City Clerk located at 19200 West Country Club Drive, Aventura, Florida 33180, and is available for public inspection during regular business hours. Section 8. Effectiveness. That the Charter Amendment provided for in Section 2 of this Ordinance 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. 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 Amendment shall become and be made a part of the Charter of the City of Aventura; and that the Sections of this Ordinance may be renumbered or relettered to accomplish such intention. Section 10. 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 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. Section 11. Effective Date of Ordinance. That following adoption of this Ordinance at second reading, this Ordinance shall be effective immediately from and after July 15, 2016, so as to comply with the 120 day time constraint of Section 6.03 of the Miami-Dade County Charter. Page 5 of 7 City of Aventura Ordinance No. 2016-07 The foregoing Ordinance was offered by Commissioner Landman, who moved its adoption on first reading. The motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Commissioner Enbar Cohen Yes Commissioner Teri Holzberg Yes Commissioner Denise Landman Yes Commissioner Marc Narotsky Yes Commissioner Howard Weinberg Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Vice Mayor Landman, who moved its adoption on second reading. The motion was seconded by Commissioner Narotsky, and upon being put to a vote,the vote was as follows: Commissioner Enbar Cohen Yes Commissioner Teri Holzberg Yes Commissioner Marc Narotsky Yes Commissioner Robert Shelley Yes Commissioner Howard Weinberg Yes Vice Mayor Denise Landman Yes Mayor Enid Weisman Yes PASSED AND ADOPTED on First Reading this 5th day of April,2016. PASSED AND ADOPTED on Second and Final Reading this 3`d day of May, 2016. Page 6 of 7 City of Aventura Ordinance No. 2016-07 ENID WEISmAN, MAYOR I;LO Attest: ELLISA L. HORVAiMC CITY CLERK Approved as to Form and Legal Sufficiency: / -1/(k)li CITY ATTORNEY Page 7 of 7