12-15-2003
Zev Auerbach
Jay R. Beskin
Ken Cohen
Bob DWnond
Manny Grossman
Harry Holzberg
A ':!be City of
~ventura
(jl",
, ,
- .
".''''.nJ'.''/
City M/lrulFr
Eric M. Soroka
City Co,mnn-in11
Jeffrey M. Perlow, Mayor
City Clerk
Teresa M. Soroka, CMC
City Attomcv
Weiss Serota Helfman Pastoriza
Guedes Boniske & Cole
AGENDA
DECEMBER 15, 2003 10 AM
Government Center
19200 West Country Club Drive
Aventura, Florida 33180
1. CALL TO ORDERIROLL CALL
2. PUBLIC HEARING - ORDINANCE: SECOND READING:
AN ORDINANCE OF THE CITY OF A VENTURA, FLORIDA; ASSESSING AND
IMPOSING EXCISE TAX ON CASUALTY INSURANCE PREMIUMS ON ALL
PREMIUMS COLLECTED ON CASUALTY INSURANCE POLICIES COVERING
PROPERTY WITHIN THE CITY OF AVENTURA, AS AUTHORIZED BY SECTION
185.08, FLORIDA STATUTES, FOR THE PURPOSE OF PROVIDING CERTAIN
FUNDING FOR THE CITY OF A VENTURA POLICE OFFICERS' DEFINED
BENEFIT PENSION PLAN; PROVIDING FOR SEVERABILITY; PROVIDING FOR
INCLUSION IN CODE; PROVIDING FOR EFFECTIVE DATE.
3. RESOLUTION:
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF A VENTURA,
FWRIDA, PROVIDING FOR THE SUBMISSION TO THE ELECTORS OF
PROPOSED AMENDMENTS TO THE CITY CHARTER AS PROPOSED BY THE
PETITION OF ELECTORS OF THE CITY, IN ACCORDANCE WITH SECTION
6.02(a)(ii) OF THE CITY CHARTER; SUBMITTING PROPOSED CHARTER
AMENDMENTS CONCERNING SUBSECTION (C) "LIMITATIONS ON LENGTHS
OF SERVICE" OF SECTION 2.03 "ELECTION AND TERM OF OFFICE";
PROVIDING REQUISITE BALWT LANGUAGE FOR SUBMISSION TO THE
ELECTORATE; CALLING AN ELECTION ON THE PROPOSED AMENDMENTS TO
THE CITY CHARTER TO BE HELD ON TUESDAY THE 9TH DAY OF MARCH,
2004; PROVIDING FOR APPLICABLE PROCEDURES AND FOR NOTICE OF
ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; AND PROVIDING FOR AN EFFECTIVE DATE.
4. ADJOURNMENT
This meeting is open to the public. In accordance with the Americans with Disabilities Act of J 990, all persons who are disabled
and who need special accommodations to participate in this meeting because of that disability should contact the Office of the City
Clerk, 305-466.8901, not later than two days prior to such proceeding. One or more members of the City of Aventura Advisory
Boards may be in attendance. Anyone wishing to appeal any decision made by the Aventura City Commission with respect to any
matter considered at such meeting or hearing will need a record of the proceedings and, for such pUIpOse, may need to ensure that a
verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be
based. Agenda items may be viewed at the Office of the City Clerk, City of Aventura Government Center, 19200 W. Country Club
Drive, Aventura, Florida, 33180. Anyone wishing to obtain a copy of any agenda item should contact the City Clerk at 305-466-
8901.
CITY OF AVENTURA
FINANCE SUPPORT SERVICES DEPARTMENT
MEMORANDUM
TO:
BY:
DATE:
City Commission d:
Eric M. Soroka, City
~~ Kilgore, FI anc S pport Services Director
FROM:
October 29, 2003
SUBJECT: Ordinance Adopting Casualty Insurance Premiums Tax
November 4, 2003 Commission Meeting Agenda Item 'l-k
December 15, 2003 Commission Meeting Agenda Item 2
Recommendation
It is recommended that the City Commission adopt the Ordinance adopting the
0.85% tax on Casualty Insurance Premiums on property located in the City.
Backaround
The addendum to the PBA agreement which was approved by the City
Commission on October 7, 2003 requires that the City establish a defined benefit
retirement plan for sworn officers. As has been discussed with the Commission,
a portion of the funding for that plan is to come from an excise tax of 0.85% of
the gross receipts from Casualty Insurance Policies covering property located
within Aventura's corporate limits.
This ordinance adopts this excise tax. It is estimated that this tax will generate
approximately $200,000 annually. This will be used to fund a portion of the costs
of the pension plan. The balance to fund the plan will be derived from City and
employee contributions as described in the addendum to the PBA Agreement.
At a subsequent meeting, the Commission will be asked to adopt, by Ordinance,
the specific provisions of the new Pension Plan for Police Officers.
HMKlmn
ORDINANCE NO. 2003-_
AN ORDINANCE OF THE CITY OF A VENTURA,
FLORIDA; ASSESSING AND IMPOSING EXCISE
TAX ON CASUALTY INSURANCE PREMIUMS ON
ALL PREMIUMS COLLECTED ON CASUALTY
INSURANCE POLICIES COVERING PROPERTY
WITHIN THE CITY OF AVENTURA, AS
AUTHORIZED BY SECTION 185.08, FLORIDA
STATUTES, FOR THE PURPOSE OF PROVIDING
CERTAIN FUNDING FOR THE CITY OF AVENTURA
POLICE OFFICERS' DEFINED BENEFIT PENSION
PLAN; PROVIDING FOR SEVERABILITY;
PROVIDING FOR INCLUSION IN CODE;
PROVIDING FOR EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Aventura has agreed to establish and
provide a defined benefit pension plan for police officers of the City pursuant to the Collective
Bargaining Agreement between the City and the Miami-Dade County PBA, as the collective
bargaining agent for the City's police officers; and
WHEREAS, the City Commission has the authority pursuant to Section 185.08, Florida
Statutes, to assess and impose a state authorized excise tax on casualty insurance premiums for
the purpose of assisting in the funding of the above-described defined benefit pension plan; and
WHEREAS, the City Commission finds that the establishment of the defined benefit
pension plan (the "Pension Plan") is in the best interest of the City.
NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY
COMMISSION OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1. Recitals Adopted. That each of the above stated recitals is hereby
adopted and confirmed.
Section 2. Excise Tax Assessed and Imposed.
That pursuant to Section
Ordinance~o.2004-__
Page 2
185.08, Florida Statutes, there is hereby assessed and imposed on every insurance
company, corporation, or other insurer, now engaged in or carrying on, or who shall
hereafter engage in or carry on, the business of casualty insurance as shown by the
records of the Office of Insurance Regulation of the Financial Services Commission, an
excise tax in addition to any lawful license or excise tax now levied by the City,
amounting to .85% of the gross amount of receipts of premiums from policyholders on all
premiums collected on Casualty Insurance Policies covering property within the
corporate limits of the City of Aventura. In the case of multiple peril policies with a
single premium for both property and casualty coverages in such policies, 30% of such
premium shall be used as the basis for the .85% tax described above. This excise tax
shall be payable annually on March I of each year after the adoption ofthis Ordinance.
Section 3.
Pension Plan Adopted.
That the specific provisions of the
defined benefit pension plan shall be adopted by separate ordinance following adoption
of this ordinance.
Section 4.
Implementation.
That the City Manager is authorized to take
any and all action necessary to implement and enforce this Ordinance.
Section 5. Severabilitv. 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 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 6. Inclusion in the Code. That it IS the intention of the City
2
Ordinance No. 2004-
Page 3
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 changed to "Section" or other appropriate word.
Section 7. Effective Date. That upon adoption on second reading this Ordinance
shall be effective from and after October 1, 2003.
The foregoing Ordinance was offered by Commissioner
who moved its adoption on first reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
The foregoing Ordinance was offered by Commissioner
who moved its adoption on second reading. This motion was seconded by Commissioner
and upon being put to a vote, the vote was as follows:
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Bob Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay R. Beskin
Mayor Jeffrey M. Perlow
3
Ordinance No. 2004-_
Page 4
PASSED AND ADOPTED on first reading this 4th day of November, 2003.
PASSED AND ADOPTED on second reading this 15th day of December,
2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
4
CITY OF AVENTURA
OFFICE OF THE CITY CLERK
MEMORANDUM
TO: City Commission !
FROM: Teresa M. Soroka, CMC, City~J/r.
DATE: December 9,2003
SUBJECT: Resolution Providing for Submission to the Electors of Proposed
Amendments to the City Charter
December 15, 2003 City Commission Meeting Agenda Item 3
Recommendation
It is recommended that the City Commission adopt the attached resolution providing for
submission to the electors of proposed amendments to the City Charter as proposed by
the petition of electors filed with this office.
Backaround
On October 31, 2003, an affidavit was filed by the Aventura Citizens Initiative
Committee to seek a citizen's initiative for amendments to the City Charter. Charter
Section 5.02(c)(i) requires that initiative petitions must be signed by electors of the City
equal in number to at least 10% of the total number of electors registered to vote at the
last regular City election. There were 14,542 voters registered at the time of our March
4, 2003 election. Thus, a minimum of 1,452 signatures were required.
On December 1, 2003, petitions requesting amendment to Section 2.03(c) of the
Charter were filed with this office containing in excess of 2,500 signatures. The original
petitions were hand-delivered to the Miami-Dade County Elections Department for
verification. After initially declaring certain signatures invalid due to incorrect
notarization or lack of notarization, 2,543 signatures remained for verification.
Inasmuch as that number was at least 115% of the amount of signatures required to be
submitted, the Petitioners' Committee requested a random sample verification of
signatures. Each step in the random sample verification process is outlined on the
attached information. Pursuant to the Certificate of Sufficiency provided by Miami-Dade
County Supervisor of Elections Constance A. Kaplan, I have found the petitions to be
sufficient.
The proposed ballot language is outlined in the attached resolution. Section 6.02(b) of
the City Charter provides that the vote of the city on a proposed amendment shall be
held not less than 60 or more than 120 days from the date the petition was certified.
The resolution provides for the election to be held on March 9, 2004, in conjunction with
the Presidential Preference Primary.
Should you have any questions, please do not hesitate to contact me.
Itms
attachments
PETITION FOR THE AMENDMENT
OF THE CHARTER OF THE CITY OF A VENTURA
Pursuant to Aventura City Charter Section 6.02(a)(ii), we the undersigned electors of the City of
Aventura, Florida (the "City"), hereby petition to propose for submission to the electors of the City that the
City Charter be amended to allow Commissioners to serve for three consecutive terms instead of only two
consecutive terms and by allowing a person to serve as a combination of Mayor and Commissioner for up to
twelve consecutive years instead of being limited to no more than eight consecutive years of service.. The
full text of the Charter amendment proposed by this Petition, is as follows:
Charter Amendment
That the City Charter of the City of Aventura be amended by deleting those provisions of Section
2.03(c) which are indicated by strikethr.ellgfl of existing City Charter text and adding the new City Charter
text which is indicated by underline, as follows:
Section 2.03. Election and term of office.
(c) Limitations on lengths of service. No person shall serve as Mayor for more than
two consecutive elected terms. No person may serve on the Commission for more than twe three
consecutive terms. No person may serve as a combination of Mayor and Commissioner for more
than eight twelve consecutive years.
[REMAINDER OF THIS PAGE IS INTENTIONALLY BLANK]
Page I of2
We, the undersigned electors, hereby Petition for an election on the Charter Amendment proposal described
on Page 1 above.
Sianature
Printed Name
Address IAventura. FLI
Affidavit of circulator I, , personally circulated this paper (consisting of two pages) of the above
described Petition, which contains (insert number) signatures thereon, that all of the signatures were affixed in my
presence. that I believe them to be the genuine signatures of the persons whose names they purport to be and that each signer had
an opportunity before signing to read the full text of the Charter amendment proposed.
By:
(signature of circulator)
SWORN TO AND SUBSCRIBED before me by , the circulator, this
day of , 2003.
Notary Public, State of Florida At Large
Notary Stamp:
Page 2 of 2
CITY CLERK'S CERTIFICATE OF SUFFICIENCY
OF CHARTER AMENDMENT PETITION
I, Teresa M. Soroka, City Clerk of the City of Aventura, (the "City"),
pursuant to City Charter Section 6.02 (a)(ii), do hereby certify as follows:
1. That on December 1, 2003 the Petition for the Amendment of the
Charter of the City of Aventura (the "Petition"), was filed and received by me.
2. That I have timely caused such Petition to be examined for
sufficiency pursuant to City Charter Section 6.02 (a)(ii) and City Charter Section
5.02 (d)(i).
3. That I hereby find and certify that the Petition is sufficient.
4. That this Certificate shall be presented by me to the City Commission
for their receipt at the Commission meeting of December 15,2003, at which time
such Certificate shall constitute a final detenmnation as to the sufficiency of the
Petition.
WITNESS my hand and seal this 8th day of December, 2003.
I HEREBY CERTIFY that a true and correct copy of this Certificate of
Sufficiency has been furnished by registered mail to the Petitioners' Committee this
8th day of December, 2003.
cc: Mayor and City Commissioners
City Manager
City Attorney
METROPOLITAN DADE COUNTY, FLORIDA
..D
46
'J~'
STEPHEN P. CLARK CENTER
OFFICE OF THE SUPERVISOR OF ELECTIONS
SUITE 1910
111 NW 1ST STREET
MIAMI FLORIDA 33128-1962
(305) 375-5553
Mailing Address:
P.O. Box 012241
Miami, Florida 33101-2241
Certification
(STATE OF FLORIDA)
(COUNTY OF MIAMI-DADE)
I, Constance A. Kaplan, Supervisor of Elections of Miami-Dade County, Florida,
pursuant to Section 20-4 of the Mianli-Dade County Code, do hereby certify that the
A ventura Charter Amendment petition has been deemed valid based on the signatures
submitted and verified by random sampling.
WITNESS MY HAND AND
OFFICIAL SEA, AT MIAMI,
MIAMI-DADE COUNTY, FLORIDA,
ON THIS 4th DAY OF DECEMBER 2003.
C"M,,"~ A K",lm V ~
Supervisor of Elections
Miami-Dade County
CAK: mu
RANDOM SAMPLE VERIFICATION
PETITION: fiue f\-to.. reA. C/Mr~
DATE:~
STEP #1:
The number of signatures required for a valid petition was determined to be ~LtS d..
The minimum number of signatures required is designated by "R".
STEP #2:
The number of signatures submitted by the petitioner was d5 4-.3
The number of signatures submitted is designated by "N".
STEP #3:
The maximum allowable error rate was calculated by use of the formula:
N-R=
N
:::>'S'+3
I 4-5.;J...
=
/oq I
8--.S-<../-3
=
G Lf-.;)..Cj = MAX
STEP #4:
Random numbers were s elected from the random number table starting on page' , column
I ,row t . One hundred signatures were randomly selected with the last signature
appearing on page I , column ~ ' row C}. t(- . (See attached sheet.)
STEP #5:
100
,q
petition signatures were verified.
signatures from the / 0 0
checked were invalid.
STEP #6:
The sample proportion of invalid signatures, designated by "P", was calculated from the formula:
TOTAL NUMBER OF INVALID SIGNATURES =
NUMBER OF SIGNATURES CHECKED
Iq
IOD
=
e I q =P
Page I of2
RANDOM SAMPLE VERIFICATION (continued)
PETITION: J1uQ ,,-tv I!z:{ c ~e.t.-
Jd.-ID'I/a-s
. ,
DATE:
STEP #7:
Table 4 is used to determine the error rate which is designated by "E". The number of signatures
submitted falls between d. OD I and -30 DO
Sample proportion -- "P" -- falls between <> J 5"1 and ~ Q.OO , therefore: "E" = .. J / ~
STEP #8:
The Lower and Upper limits, designated by "L" and "U", were calculated as follows:
Lower Limit = P - E = 0 Ie,
., II ~ = '" D 7 t.f (L)
Upper Limit = P + E = '" I q +.. / ( ~ = . 36 k, (U)
STEP #9:
The MAX (from STEP #3) is ,,4 ~ q
a)
-I
MAX is greater than "U". Therefore, the petition is accepted as being valid.
b)
MAX is less than "U". Therefore, the petition is rejected as being invalid.
c)
MAX falls between "U" and "L". Therefore, the sampling must continue
beginning with STEP #5.
@!)
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- 1 -
.;/0 37 \f9 67 fi q~ IDu
RANDOM SAMPLE SIGNATURE NUMBERS CHOSEN FOR A VENTURA CHARTER
AMENDMENT
Count Pet #
1) 0009
2) 0017
3) 0039
4) 0071
5) 0115
6) 0125
7) 0164
8) 0170
9) 0176
10) 0181
11) 0206
12) 0224
13) 0239
14) 0248
15) 0251
16) 0252
17) 0271
18) 0280
19) 0285
20) 0308
21) 0354
22) 0409
23) 0507
24) 0565
25) 0581
j
j
'!
.J
J
j
,j
if
.j
.J
J
J
j
,j
.jj
V
V
j
V
..;
~
.J
.....u
SAMPLE #:
Count Pet #
26) 0600
27) 0603
28) 0627
29) 0641
30) 0650
31) 0655
32) 0670
33) 0690
34) 0694
35) 0709
36) 0713
37) 0740
38) 0746
39) 0782
40) 0804
41) 0848
42) 0860
43) 0885
44) 0891
45) 0943
46) 0957
47) 1022
48) 1059
49) 1135
50) 1172
j
V
'"
J
.j
.,J
V
,,;
~
./
V
.../
~
-./
V
~
:/
~
./
J
"
J
Count Pet #
51) 1185
52) 1253
53) 1268
54) 1282
55) 1299
56) 1324
57) 1393
58) 1410
59) 1487
60) 1504
61) 1536
62) 1563
63) 1573
64) 1579
65) 1599
66) 1713
67) 1768
68) 1772
69) 1814
70) 1846
71) 1862
72) 1921
73) 1928
74) 1943
75) 2021
~
~
~
J
J
v'
~
'(;
v'
'j
-I
V'
~
V
V
'i
-7
V
Count Pet # /
76) 2030
77) 2049 ~
78) 2053
79) 2059 ~
80) 2143 ~
81) 2153
82) 2160
83) 2172
84) 2232
85) 2283
86) 2302
87) 2318 ~
88) 2322
89) 23315'
90) 2344
91) 2433 ../
92) 2445
93) 2456
94) 2469 ~,
95) 2471
96) 2483
97) 2490
98) 2508
99) 2526
100) 2527 "
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Date
Time
12-03-2003
16:24:02
petition
AVENTURA CHARTER AMENDMENT #1
Contact
Address
Phone
Party
Needed # 100
Total Processed
Total Valid
Total Invalid
Not Registered
Illegible
Invalid District
Purged
Unidentified
Signature Differs
Not Signed
Deceased
Previously Signed
Not In County
No Sig On File
Wrong Party
Invalid Address
Deleted
Invalid Date
100 100.00%
81 81. 00%
19 19.00%
17 17.00%
o 0.00%
o 0.00%
o 0.00%
o 0.00%
1 1. 00%
o 0.00%
o 0.00%
o 0.00%
o 0.00%
o 0.00%
o 0.00%
o 0.00%
1 1. 00%
o 0.00%
CYAV
CITY:AVENTURA
81
RESOLUTION NO. 2003-_
RESOLUTION OF THE CITY COMMISSION OF THE
CITY OF A VENTURA, FLORIDA, PROVIDING FOR THE
SUBMISSION TO THE ELECTORS OF PROPOSED
AMENDMENTS TO THE CITY CHARTER AS PROPOSED
BY THE PETITION OF ELECTORS OF THE CITY, IN
ACCORDANCE WITH SECTION 6.02(a)(ii) OF THE CITY
CHARTER; SUBMITTING PROPOSED CHARTER
AMENDMENTS CONCERNING SUBSECTION (C)
"LIMITATIONS ON LENGTHS OF SERVICE" OF
SECTION 2.03 "ELECTION AND TERM OF OFFICE";
PROVIDING REQUISITE BALLOT LANGUAGE FOR
SUBMISSION TO THE ELECTORATE; CALLING AN
ELECTION ON THE PROPOSED AMENDMENTS TO THE
CITY CHARTER TO BE HELD ON TUESDAY THE 9TH
DAY OF MARCH, 2004; PROVIDING FOR APPLICABLE
PROCEDURES AND FOR NOTICE OF ELECTION;
PROVIDING FOR INCLUSION IN THE CHARTER;
PROVIDING FOR SEVERABILITY; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, pursuant to Section 6.02(a)(ii) of the City Charter, electors of the City have
petitioned for amendments to the City Charter (the "Charter Amendments"); and
WHEREAS, pursuant to Section 6.02(b) of the City Charter, the City Commission is
required to submit the Charter Amendments to the electors of the City for approval or rej ection.
NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION
OF THE CITY OF A VENTURA, FLORIDA, AS FOLLOWS:
Section 1.
Recitals Adopted. That the above stated recitals are hereby adopted and
confirmed.
Section 2. Charter Amendments. That pursuant to Section 6.02(b) of the City Charter
and Section 5.03 of the Miami-Dade County Charter, the City Charter of the City of Aventura,
Resolution No. 2003-
Page 2
Florida is hereby amended by amending subsection (c) "Limitations on Lengths of Service" of
Section 2.03 "Election and Term of Office," to read as follows:!
Section 2.03. Election and term of office.
(c) Limitations on lengths of service. No person shall serve as Mayor
for more than two consecutive elected terms. No person may serve on the
Commission for more than twe three consecutive terms. No person may
serve as a combination of Mayor and Commissioner for more than eight
twelve consecutive years.
Section 3. Election Called. That an election is hereby called, to be held on Tuesday, the
9th day of March, 2004, in conjunction with the Presidential Preference Primary, to present to
the qualified electors of the City of Aventura, the ballot question provided in Section 4 of this
Resolution.
Section 4. Form of Ballot. That the form of ballot for the Charter Amendment provided
for in Section 2 of this Resolution shall be substantially as follows:
Term of Office and Lenl!:th of Service:
The City Charter currently limits City Commissioners to no more than two consecutive
elected terms and prohibits any person from serving as a combination of Mayor and
Commissioner for more than eight consecutive years. City electors have petitioned to amend the
Charter to enable Commissioners to serve for three consecutive elected terms and to allow
service for up to twelve consecutive years as a combination of Mayor and Commissioner.
1 / Proposed additions to existing City Charter text are indicated by underline; proposed deletions from
existing City Charter text are indicated by lllfiI<elhrollgh.
2
Resolution No. 2003-_
Page 3
Shall the Charter Amendment be adopted?
[ ] Yes
No
Section 5 Ballotinl!.
(a) That balloting shall be conducted between the hours of7:00 a.m. and 7:00 p.m. on
election day at the regular polling places for City elections or as otherwise provided by law.
Absentee ballots and early balloting may be provided as authorized by law.
(b) All qualified City electors who are timely registered in accordance with law shall
be entitled to vote.
(c) The registration books shall remain open at the Office of the Miami-Dade County
Supervisor of Elections until February 9, 2004, at which date the registration books shall close in
accordance with the provisions of the general elections law.
(d) The City Clerk, with necessary assistance from the Miami-Dade County
Supervisor of Elections, is hereby authorized to take all appropriate actions necessary to carry
into effect and accomplish the electoral provisions of this Resolution.
(e) The results of this election shall be canvassed in accordance with the provisions
of Section 26-1 of the City Code and any applicable provisions of the general election laws or by
the County Canvassing Board at the request of the City Clerk.
Section 6. Notice of Election. That notice of said 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
3
Resolution No. 2003-_
Page 4
election (to-wit: during the week commencing Sunday, February I, 2004), and the second
publication to be in the third week prior to the election (to-wit: during the week commencing
Sunday, February 15,2004), and shall be in substantially the following form:
"NOTICE OF ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
RESOLUTION NO. ADOPTED BY THE CITY
COMMISSION OF THE CITY OF A VENTURA, FLORIDA
(THE "CITY") AN ELECTION HAS BEEN CALLED AND
ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY,
THE 9TH DAY OF MARCH, 2004, 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.
Term of office and lenl!th of service:
The City Charter currently limits City Commissioners to no more than two consecutive
elected terms and prohibits any person from serving as a combination of Mayor and
Commissioner for more than eight consecutive years. City electors have petitioned to amend the
Charter to enable Commissioners to serve for three consecutive elected terms and to allow
service for up to twelve consecutive years as a combination of Mayor and Commissioner.
Shall the Charter Amendment be adopted?
[ Yes
[ ] No
Polling place information and 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, FL 33180."
4
Resolution No. 2003-_
Page 5
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,
FL 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 only if a 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 Amendments the City
Clerk shall file the adopted Charter Amendments with the Clerk of the Circuit Court of Miami-
Dade County, Florida.
Section 9. Inclusion In The Charter. 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 made a part of the Charter of the City of Aventura; 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 Commissioner
moved its adoption. The motion was seconded by Commissioner
upon being put to a vote, the vote was as follows:
, who
, and
Commissioner Zev Auerbach
Commissioner Ken Cohen
Commissioner Robert Diamond
Commissioner Manny Grossman
Commissioner Harry Holzberg
Vice Mayor Jay Beskin
Mayor Jeffrey M. Perlow
5
Resolution No. 2003-_
Page 6
PASSED AND ADOPTED this 15th day of December, 2003.
JEFFREY M. PERLOW, MAYOR
ATTEST:
TERESA M. SOROKA, CMC
CITY CLERK
APPROVED AS TO LEGAL SUFFICIENCY:
CITY ATTORNEY
6
~
MIAMI CAlLY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami-Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or she is the
SUPeRVISOR, Legai Notices of the Miami Daiiy Buslne::.::.
Review f/k/a Miami Review, a daily (except Saturday, Sunday
and Legal Holidays) newspaper, published at Miami in Miami-Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF AVENTURA - MEETING 12/15/2003
NOTICE OF PROPOSED ORDINANCE
in the XXXX Court,
was published in said newspaper in the issues of
12/04/2003
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami-Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami-Dade County,
Florida, each day (except Saturday, Sunday and Legal Holidays)
and has been entered as second class mail matter at the post
office in Miami in said Miami-Dade County, Florida, fer a
period of one year next preceding the first publication of the
attached copy of advertisement; and affiant further says that he or
she has neither paid nor promised any person, firm or corporation
any discount, rate, ml ion or refund for the purpose
of securing IS a ement or publication in the said
neWROc.p~ .
OFAClALNOTAR S L
O.V. FERBEYRE pers nally. kno~1tiIi1 LLERENA
NorARY PUBUC Sf ATE OF FLORIDA
COMMISSION NO. CC 912958
MY COMMISSION EXP. NE 23,2004
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