97-27 ORDINANCE NO. 97-27
AN ORDINANCE OF THE CITY OF AVENTURA,
FLORIDA, ESTABLISHING QUALIFICATION PERIOD
FOR FILING TO RUN FOR ELECTION TO OFFICE OF
COUNClLMEMBER OR MAYOR; PROVIDING FOR
SEVERABILITY; PROVIDING FOR INCLUSION IN
CODE; PROVIDING FOR EFFECTIVE DATE.
WHEREAS, Section 2.04 "Qualifications" of the Charter of the City of Aventura (the
"City"), provides for the City Council to establish, by ordinance, the time and manner for
candidates for Councilmember or Mayor to qualify for election;
WHEREAS, the City Council desires to establish a qualifying period for candidates
for election to the office of Councilmember or Mayor.
NOW THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COUNCIL OF THE
CITY OF AVENTURA, FLORIDA AS FOLLOWS:
Section 1. Time and Manner of Qualification of Candidates. The time and manner
for qualification of candidates for election to the office of Councilmember or Mayor shall be
as follows:
A. Regular Election. The qualification period for candidates to file to run for the
office of Councilmember or Mayor shall commence on the first Monday which is no earlier
than thirty-one (31) days and no later than twenty-five (25) days before the date of the
regular election. The duration of the qualifying period shall be for a period of five (5)
consecutive days commencing on Monday at 8:30 A.M. and terminating on Friday at 4:30
P.M. and shall run from 8:30 A.M. to 4:30 P.M. of each successive day between and
including Monday through Friday.
B. Special Elections. In circumstances in which a vacancy on the City Council
Ordinance No. 97-27
Page 2
in the office of Mayor or Councilmember is filled by special election, the qualifying period
shall commence on the first Monday ensuing after the adoption of a City Council resolution
calling the special election and shall consist of a period of five (5) 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 A above.
C. Qualification Procedures.
(1) For regular and special elections, as provided by paragraphs A and B above,
it shall be the duty of any person desiring to become a candidate for election to the office of
Mayor or Councilmember to file a written Notice of Candidacy, in the form set forth in
paragraph D below, accompanied by the qualification fee required by Section 2.04 of the
City Charter and the additional election assessment imposed by Florida Statutes.
(2) Candidates must meet the applicable residency qualifications provided by
Section 2.03(b), 2.04 and 2.05(c)(V) of the City Charter.
(3) 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 A or B
above.
D. Notice of Candidacy. The form of Notice of Candidacy shall be as follows:
"1, the undersigned, an elector of the City of Aventura who has
resided continuously in the City for at least one (1) 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
(Councilmember, Seat No. ) (Mayor) [cross-out inapplicable
2
Ordinance No. 97-27
Page 3
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:
CITY CLERK/ELECTION OFFICIAL"
Section 2. Severability. 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 3. Inclusion in the Code. It is the intention of the City Council, and it is
hereby ordained that the provisions of this Ordinance shall become and 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 4. Effective Date. This Ordinance shall be effective upon adoption on
second reading.
The foregoing Ordinance was offered by Councilmember Beskin, who moved its
Ordinance No. 97- 2__7
Page 4
adoption on first reading. The motion was seconded by Councilmember Rogers-Libert, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jeffrey M. Pedow yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember]~er~e]~ , who
moved its adoption on second reading. The motion Was seconded by Councilmember
Cohen , and upon being put to a vote, the vote Was as follows:
Councilmember Arthur Berger yes
Councilmember Jay R. Beskin
Councilmember Ken Cohen
Councilmember Harry Holzberg ,/es
Councilmember Patricia Rogers-Libert
Vice Mayor Jeffrey M. Perlow
Mayor Arthur I. Snyder >,es
PASSED AND ADOPTED on first reading this 16 TM day of September, 1997.
PASSED AND ADOPTED on second reading this 7th day of,October, 1997.
AI~HOR I. SNYD~R, M/AYOR
AT~EST: ~"~/~
TERESA M. SMITH, CMC
CITY CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENCY:
CITY A3-rORNEY