Loading...
Ordinance No. 2018-03 Calling for Special Election (August 28, 2018) for Proposed Charter Amendment - February 6, 2018 ORDINANCE NO. 2018-03 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF A PROPOSED AMENDMENT TO CITY CHARTER SECTION 2.03 "ELECTION AND TERM OF OFFICE" AT PARAGRAPH (C) "LIMITATIONS ON LENGTHS OF SERVICE," TO ENABLE A TERM LIMITED COMMISSIONER TO RUN FOR THE OFFICE OF MAYOR; 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 28T11 DAY OF AUGUST 2018, IN CONJUNCTION WITH THE COUNTY-WIDE PRIMARY 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 revise paragraph (c) "Limitations on Lengths of Service" of Section 2.03 "Election and Term of Office" of the City Charter, simply in order to enable a term limited Commissioner who has served the City for two terms of office as Commissioner to run for and, if elected, serve in the office of Mayor; and WHEREAS, pursuant to Section 6.02 (a) (i) of the City Charter, the City Commission is required to submit the proposed Charter Amendment to the electors of the City for approval or rejection. NOW, THEREFORE, BE 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, Florida, is hereby amended by amending City Charter Section 2.03 "Election and City of Aventura Ordinance No. 2018-03 Term of Office," by amending paragraph (c) "Limitations on Lengths of Service," to read as follows:1 • 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. (c) Limitations on lengths of service. No person shall serve as Mayor for more than two consecutive elected terms.No person may serve anthe as a Commissioner for more than two consecutive terms. No person may serve as a combination of Mayor and Commissioner for more than eight consecutive years,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).and except for those persons who are elected to the Office of Mayor after serving two consecutive terms as a Commissioner(the"Term Limited Commissioner"). 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").Any person serving the maximum amount of time as Mayor must have a four-year Break in Service before serving as a Commissioner.Any person serving the maximum amount of time as a Commissioner must is not required to have a four-year Break in Service before serving as Mayor and may seek the Office of Mayor without any break in service, except to the extent required by the Florida Resign to Run law(Section 99.012,F.S.),and may serve as Mayor for up to two consecutive terms. 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,except as provided herein,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 28`" day of August, 2018, in conjunction with the county-wide primary election, to 1 / Proposed additions to existing City Charter text are indicated by underline; proposed deletions from existing City Charter text are indicated by stfilEethfeugh. Page 2 of 7 City of Aventura Ordinance No. 2018-03 present to the qualified electors of the City of Aventura, the ballot question which is provided in Section 4 of the Resolution. 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 ELIGIBILITY TO SERVE AS MAYOR AFTER SERVICE AS COMMISSIONER In an effort to assure a continuity of experience in City government, and enhance the ability of the voters to elect an experienced Commissioner as Mayor, the City Commission proposes that the City Charter be amended to enable term-limited Commissioners to be able to run for election to the office of Mayor and be able to serve up to two consecutive terms as Mayor if elected. Shall the above-described Charter amendment be adopted? YES [ ] NO [ ] Section 5. Balloting. That voting shall be conducted for this special election on August 28, 2018, between the hours of 7:00 A.M. and 7:00 P.M. Absentee voting and early voting shall also be authorized, as provided by law. All qualified City electors who are timely registered in accordance with law shall be entitled to vote. The City Clerk is authorized to obtain and pay for 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 Miami-Dade County Supervisor of Elections is hereby authorized to take all Page 3 of 7 City of Aventura Ordinance No. 2018-03 appropriate action necessary to carry into effect and accomplish the 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 by the City Clerk in accordance with Section 100.342, F.S., 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, July 22, 2018), and the second publication to be in the third week prior to the election (to-wit: during the week commencing Sunday, August 5, 2018), and shall be in substantially the following form: "NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO ORDINANCE NO. 2018-03 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 28111 DAY OF AUGUST 2018, IN CONJUNCTION WITH THE COUNTY-WIDE PRIMARY ELECTION BEING HELD ON SAID DATE, 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 ELIGIBILITY TO SERVE AS MAYOR AFTER SERVICE AS COMMISSIONER In an effort to assure a continuity of experience in City government, and enhance the ability of the voters to elect an experienced Commissioner as Mayor, the City Commission proposes that the City Charter be amended to enable term-limited Commissioners to be able to run for election to the office of Mayor and be able to serve up to two consecutive terms as Mayor if elected. Page 4 of 7 City of Aventura Ordinance No. 2018-03 Shall the above-described 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. 99 City Clerk Section 7. Copies. That copies of this Ordinance proposing the Charter Amendment is 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 Amendment 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 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. Effective Date of Ordinance. That following the passage and final adoption of this Ordinance at second reading, this Ordinance shall be effective immediately from Page 5 of 7 City of Aventura Ordinance No.2018-03 and after May 1, 2018, so as to comply with the 120 day time constraint of Section 6.03 of the Miami-Dade County Charter. The foregoing Ordinance was offered by Vice Mayor Shelley, who moved its adoption on first reading. The motion was seconded by Commissioner Landman, and upon being put to a vote, the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Absent Commissioner Marc Narotsky Yes Commissioner Howard Weinberg Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes The foregoing Ordinance was offered by Commissioner Weinberg, who moved its adoption on second reading. The motion was seconded by Commissioner Landman, and upon being put to a vote,the vote was as follows: Commissioner Denise Landman Yes Commissioner Dr. Linda Marks Yes Commissioner Gladys Mezrahi Yes Commissioner Marc Narotsky Yes Commissioner Howard Weinberg Yes Vice Mayor Robert Shelley Yes Mayor Enid Weisman Yes Page 6 of 7 City of Aventura Ordinance No. 2018-03 PASSED AND ADOPTED at First Reading this 9'h day of January, 2018. PASSED AND ADOPTED at Final Reading this 6t day of February,2018. NID WEISMAN, MAYOR Attest: it V1,4" ELLISA L. HORVATH, C CITY CLERK Approved as to Form and Legal Sufficiency: CITY ATTORNEY Page 7 of 7