97-30 ORDINANCE NO.97-30
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA;
PROVIDING FOR AMENDMENT OF THE CITY CHARTER
BY AMENDING SECTION 2.02 "MAYOR AND VICE
MAYOR", TO PROVIDE FOR SEMI-ANNUAL
APPOINTMENT OF VICE MAYOR; AMENDING SECTION
2.05 "VACANCIES; FORFEITURE OF OFFICE; FILLING OF
VACANCIES" BY AMENDING SUBSECTION (C) "FILLING
OF VACANCIES" TO REVISE PROCEDURE FOR FILLING
VACANCY IN OFFICE OF MAYOR AND
COUNCILMEMBERS, REVISING PROVISION WHICH
PROVIDED FOR VICE MAYOR TO FILL VACANCY IN THE
OFFICE OF MAYOR; AMENDING SECTION 3.05 "BOND OF
CITY MANAGER" TO PROVIDE THAT CITY COUNCIL MAY
BY ORDINANCE REQUIRE CITY MANAGER TO FURNISH A
FIDEETY BOND; AMENDING SECTION 5.01 "ELECTIONS"
TO REVISE DATE OF ELECTION FOR MAYOR AND
COUNCIL, DATE OF COMMENCEMENT OF TERMS, AND
TO EXTEND CURRENT TERM OF OFFICE; AMENDING
SECTION 8.07 "INITIAL ELECTION OF COUNCIL AND
MAYOR" TO CONFORM TO AMENDMENT OF SECTION
5.01; AMENDING SECTION 7.03 "CONFLICTS OF
INTEREST; ETHICAL STANDARDS" TO ENABLE CITY
COUNCIL TO ADOPT ADDITIONAL CODE OF ETHICS
REQUIREMENTS; AMENDING CHARTER BY CHANGING
THE DESIGNATION OF THE CITY "COUNCIL" TO THE
CITY "COMMISSION" AND SUBSTITUTING FOR THE TERM
"COUNCILMEMBER" THE DESIGNATION
"COMMISSIONER", AMENDING ALL SECTIONS OF THE
CHARTER IN CONFORMITY THEREWITH; PROVIDING
REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO
ELECTORS; PROVIDING FOR SEVERABIETY; PROVIDING
FOR INCLUSION IN THE CHARTER; PROVIDING FOR
ADOPTION OF ENABENG RESOLUTION; AND PROVIDING
FOR AN EFFECTIVE DATE.
WHEREAS, Section 6.02(a)(i) of the Charter of the City of Aventura provides that
the Council may, by ordinance, propose amendments to the Charter subject to approval by
the electorate at the next general election or at a special election called for such purpose;
and
Ordinance No. 97-30
Page 2
WHEREAS, the Council has determined to submit certain proposed Charter
amendments for approval or disapproval by the electors.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, AS FOLLOWS:~
Section 1. That Section 2.02 "Mayor and Vice Mayor" of the City Charter, is
amended by revising subsection (b) '~/ice-Mayor" to read as follows:
Section 2.02. Mayor and Vice Mayor.
(b) Vice-Mayor. During the absence or incapacity of the
Mayor, the Vice-Mayor shall have all the powers, authority,
duties and responsibilities of the Mayor. Semi-annually A-at
such times as established by ordinance of the City thc first
the Council shall elect one of its members as Vice-Mayor.
Section 2. That Section 2.05 '¥acancies; forfeiture of office; filling of vacancies" of
the City Charter, is amended by revising subsection (c) "Filling of vacancies" of this
Section, to read as follows:
Secfion2.05. Vacancies; forfeiture of office; filling of
vacancies,
(c) Filling of vacancies. A vacancy on the Council including the
Mayor's position shall be filled as follows:
(i) If the vacancy occurs on the Council and n_.go
than .... th=,-, six months remain in the
more
unexpired term, the vacancy shall be filled by
vote of the Council. If the vacancy occurs in the
~TJrtderl±z~ed text bas beerz added; ct=uti.' ~h~.~.. text: has been
dele'ced £]:oz~ e×~_st:J-ng lart9-uaGre.
Ordinance No. 97-30
Page 3
office of Mayor and no more than six months
remain in the unexpired term, the vacancy shall
be filled as provided by subpara.qraph (iii) below.
(ii) If more than six months eP.e~,ea~)~w~)~eremains
in the unexpired term of the Mayor or
Councilmember, the vacancy shall be filled by a
special election to be held not sooner than ......~5
days or more than 90 days following the
occurrence of the vacancy, unless there is a City,
County, State or a national election scheduled to
take place on any date(s) within 60 days beyond
such 90 day period, in which case the vacancy
shall be filled by special election on the first such
election date.
.*,' ,,..l~,~,,~v~ ,~1-,.*.,-~., ,v, ... :~ .... ~,, ..~ ..... .f~ ..... 0," ...........
(iii)If the Mayor's position becomes vacant, and no more
than six months remain in the unexpired term of
Mayor, the vice-Mayor shall complete the term of
Mayor. The vacancy thus created on the Council
shall be filled in the manner that the vacancy of a
Councilmember is generally filled under this
Charter. The Coundl shall then appoint a new
Vice-Mayor.
\ - il IV)
Vacancies in Northern Area seats (1 and 2) shall
be filled by qualified persons residing in the
Northern Area and vacancies in the Southern
Area seats (3 and 4) shall be filled by qualified
persons residing in the Southern Area.
Vacancies in At-Large seats (5 and 6) shall be
filled by a qualified elector of the City.
Ordinance No. 97-30
Page 4
(:,!)(v)
Persons filling vacancies shall meet the
qualifications specified in this Article II.
(vi!)(vi)
If no candidate for a vacancy meets the
qualifications under this Article for that
vacancy, the Council shall appoint a person
qualified under this Article to fill the vacancy.
(viii)(vii)
Notwithstanding any quorum requirements
established herein, if at any time the full
membership of the Council is reduced to less
than a quorum, the remaining members may,
by majority vote, appoint additional members
to the extent otherwise permitted or required
under this subsection(c).
(ix)(viii)
In the event that all the members of the
Council are removed by death, disability,
recall, forfeiture of office and/or resignation,
the Governor shall appoint interim
Councilmembers who shall call a special
election within not less than 30 days or more
than 60 days after such appointment. Such
election shall be held in the same manner as
the first elections under this Charter; provided,
however, that if there are less than six months
remaining in the unexpired terms, the interim
Council appointed by the Governor shall serve
out the unexpired terms. Appointees must
meet all requirements for candidates provided
for in Article II.
Section 3. That Section 3.05, "Bond of City Manager" of the City Charter, is
amended by revising this Section to read as follows:
Ordinance No. 97-30
Page 5
Section 3.05. Bond of City Manager.
The City Council may provide by ordinance for
:T-hethe City Manager sh=!! to furnish a surety fidelity bond to
be approved by the Council, and in such amount as the
Council may fix ~.-~i.~l I~,~r~ *,-, ~, .... ~i*i~ ~ *~ ~i*N~, ,I
~ ............................... The premium of the bond
shall be paid by the City.
Section 4. That Se~ion 5.01 "Elections" of the City Charier, is amended by
revising this Section to read as follo~:
Section 5.01. Elections.
(a) El~o~. ~y person ~o is a resident ~ the City,
has qualified as an ele~or of the State and registers to vote in
the manner pres~ibed by law shall be an ele~or of the City.
(b) Nonpa~isan ele~bns. All ele~ions for the offi~s of
Councilmember and Mayor shall be ~nducted on a
nonpa~isan basis.
(c) El~ion dates. A general ele~ion shall be held in
ea~ ~dd-numbered year, on ~ the first Tuesday
in Mar~ ..... ~ ~*~*~ ~-~ ..... ~;~ cr,, ;~ , .... ,~, ,~ :s,~[~,~,~ ,, ~,
~ A ~n~ ele~ion, if ne~ssa~, shall ~ held o~
the third Tuesday in Mar~.
~r~ ~1~ C~ ~C~ ..........................
(d) General el~ion. The ballot for the general ele~ion
shall ~ntain the names of all qualified ~ndidates for Mayor if
the MayoCs te~ is e~iring and for ea~ of the thr~ Council
seats ~i~ are to be filled as a result ~ three
Councilmembers' te~s expiring, and shall instm~ el~ors to
~st one vote for Mayor, if appli~ble, and one vote for ea~
Council seat, ~th a m~imum of one vote per ~ndidate. If any
~ndidate for Mayor re~ives a number ~ votes greater than
50% of the total number
the duly ele~ed Mayor, and no mn~ff ele~ion for Mayor shall
Ordinance No. 97-30
Page 6
be required. If any candidate(s) for a Council seat receive(s) a
number of votes greater than 50% of the total number of ballots
cast, such candidate(s) shall be duly elected to the Council and
no run-off election for that Council seat(s) shall be required.
(e) Run-off election. The ballot for the run-off election
shall contain the names of the two candidates for Mayor, if
applicable, and the names of the two candidates for each
Council seat who received the most votes in the general
election. The ballot shall instruct electors to cast one vote for
Mayor and to cast one vote for each Council seat, with a
maximum of one vote per candidate. The candidate for Mayor
receiving the most votes shall be the duly elected Mayor. The
candidate for each Council seat receiving the most votes shall
be duly elected to that Council seat.
(f) Special elec~bns. Special elections, when required,
shall be scheduled by the Council at such times and in such
manner as shall be consistent with this Charter.
(g) Single candidates. No election for Mayor or any
Council seat shall be required in any election if there is only
one duly qualified candidate for Mayor or for any Council seat.
(h) Absentee votes. Absentee voting will be permitted as
provided by the laws of the State and under such conditions as
may be prescribed by ordinance from time to time; provided,
however, that no ordinance shall limit the right to vote by
absentee ballot available under State law.
(i) Commencament of terms. The term of office of any
elected official will commence following the election for such
elected office, as provided by ordinance of the City. s:';en d=ys
fo!!o;;4,-,g the d=:,' cf the regu!=r cr
Section 5. That Section 8.07 "Initial Election of Council and Mayor" of the City
Charter is amended to conform to Section 4 of this Ordinance by revising this Section to
read as follows:
Section 8.07. Initial election of Council and Mayor.
Ordinance No. 97-30
Page 7
(a) Transition. This Section shall apply to all general and run-off
elections for Council and Mayor held on or before December 31, ~cj971999,
and any conflicting provisions of this Charter shall not apply to such
elections.
(b) Election dates. The first City general election shall be held on
March 12, 1996. General elections shall also be held in 19991999 e,", the
on the first Tuesday ,..n..,.~.... *h~. ¢,..* ~a,...,~o,, of Od~becMarch. The first
City mn-off election, if necessary, shall be held on March 26, 1996. Run-off
elections shall also be held in k' .....
....... ,cn ......... Tu
~,-.n.,,.~.... *~... ¢,.o, ~,-...x .... ~ °~'~ '"'""*~' March of 1999 on the third Tuesday
of said month.
(c) 1996 elections. The general and run-off elections in 1996 shall be
held pursuant to the procedures set forth in Section 2,03 and Section 5.01 (d)
and (e), except as follows:
(i) only those candidates will qualify for election who have filed
written notice of candidacy for Councilmember or Mayor (but not both)
with the Dade County Elections Department, which notice is received
before 5:00 p.m., January 26, 1996, and which notice shall:
(A) indicate whether the candidate seeks the office of
Councilmember or Mayor; if for Councilmember, a
particular seat 1-6 shall be designated;
(B) contain the candidate's certification that s/he is a
qualified elector of the State of Florida, is registered to
vote in the City and that the person resided continuously
within the area comprising the City since January 26,
1995;
(C) contain or be accompanied by such other
information or statement, if any, as may be required by
the Dade County Elections Department;
(D) be signed by the candidate and duly notarized;
(E) be accompanied by a check payable to the Dade
County Elections Department in the amount of $100,00;
Ordinance No. 97-30
Page 8
(ii) there will be six, rather than three, Council seats to be
filled;
(iii) the Mayor will be elected to a term expiring on iR
Nevemb~March 20, 2001;
(iv) Councilmembers elected to seats 1, 3 and 5 will be elected
to terms expidng on ' , March 16, 1999.
(v) Councilmembers elected to seats 2, 4, and 6 will be elected
to terms expidng on' , March 20, 2001.
(d) ~981999 elections. The general and mn-off elections in
-19981999 shall be held pursuant to the procedures set forth in Sections[s]
2.03, 2.04 and Section 5.01(d) and (e), except that:
(i) There will be no election for Mayor.
(e) Maximum terms. Notwithstanding Section 2.03, any
Councilmember (including the Mayor) elected in the 1996 election may serve
for a maximum of nine consecutive years.
(f) Induction into office. Those candidates who are elected at the first
regular election shall take office at the initial Council meeting, which shall be
held at 7 p.m. on March 28, 1996 atthe Biscayne Medical Arts Building.
Section 6. That Section 7.03 "Conflicts of Interest; ethical standards" of the City
Charter, is amended by revising this Section to reed as follows:
Section 7.03. Conflicts of interest; ethical standards.
All Councilmembers, officials and employees of the City
shall be subject to the standards of conduct for public officers
and employees set by Federal, State, County or other
applicable law. The City Council may adopt additional
standards of conduct and code of ethics requirements that are
not inconsistent with Federal, State, County or other applicable
law.
Section 7. That the City Charter is amending by revising the designation of the City
Ordinance No. 97-30
Page 9
"Council" to City "Commission" and by substituting for the term "Councilmember(s)" the
designation "Commissioner(s)". All sections of the Charter of the City of Aventura are to be
amended in conformity with this section.
Section 8. Form of Ballot. The form of ballot for the Charter amendments provided
for in Sections 1 through 7, inclusive, of this Ordinance shall be as follows:
1. APPOINTMENT OF VICE MAYOR.
The City Charter currently provides for a Vice Mayor to be appointed each year. It is
proposed that the Charter be amended to provide that the appointment of Vice Mayor shall
be made two times each year, at such times as provided by ordinance of the City.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
2. FILLING A VACANCY IN OFFICE OF MAYOR.
The City Charter currently provides that if the Mayor's position becomes vacant, the Vice
Mayor completes the Mayor's term. It is proposed that the Charter be amended to provide
that a Mayoral vacancy shall be filled by the Vice-Mayor if no more than six months remain
on the unexpired term, otherwise by special election.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
3. FILLING A VACANCY IN OFFICE OF COUNCILMEMBER.
The City Charter provides that a vacancy in the office of Councilmember is filled by the
Council or by special election depending upon the length of the unexpired term and the
occurrence of an election. It is proposed that vacancies for an unexpired term of six
months or less be filled by the Council and that other vacancies be filled by special election.
Shall the above described amendment be adopted?
Ordinance No. 97-30
Page 10
Yes [ ]
No []
4. CITY MANAGER'S BOND.
The present City Charter provides that the City Manager shall furnish a bond but does not
specify the type of bond. It is proposed that the Charter be amended to provide (1) that the
City Council may by ordinance require the City Manager to furnish a bond and (2) if such
bond is required that the form of bond is a fidelity bond.
Shall the above described amendment be adopted?
Yes [ ]
No
5. REVISION OF GENERAL ELECTION DATE FOR MAYOR AND COUNCIL.
The City Charter currently provides that the date of the general election for Mayor and
Council shall be in October of each even numbered year. It is proposed that the Charter be
amended to revise and extend the date of election to the first Tuesday in March of each
odd numbered year.
Shall the above described amendment be adopted?
Yes [ ]
No
6. REVISION OF COMMENCEMENT DATE OF TERMS OF MAYOR AND COUNCIL
The City Charter currently provides for the terms of office of Mayor and Council to
commence seven days after the regular or special election. It is proposed that the Charter
be amended to provide for the term to commence as provided by ordinance of the City.
Shall the above described amendment be adopted?
Yes [ ]
Ordinance No. 97-30
Page 11
No []
7. CODE OF ETHICS.
The City Charter currently provides for Councilmembers, officials and employees of the City
to be subject to standards of conduct established by applicable laws. It is proposed that the
Charter be amended to provide authority for the Council to adopt additional standards of
conduct and code of ethics requirements.
Shall the above described amendment be adopted?
Yes [ ]
No []
8. DESIGNATION OF GOVERNING BODY AND ITS MEMBERS,
The Charter currently designates the governing body of the City as the Council and the
members as Councilmembers. It is proposed that the Charter be amended to designate the
governing body as the Commission and the members as Commissioners.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
Section 9. 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 10. Inclusion in the Charter. 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
Ordinance No. 97-30
Page 12
Charter of the City of Aventura, Flodda, as to each Charter amendment measure approved
by a majority of voters voting on such measure in such election; 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 11. Enabling Resolution. The City Council shall provide for enactment of
an enabling resolution submitting the proposed amendments to the electorate pursuant to
Section 5.03 of the Dade County Charter.
Section 12. Effective Date. This Ordinance shall be effective upon adoption on
second reading, and each of the Charter amendment measures provided herein shall be
effective only upon approval of a majority of electors voting on the measure, effective upon
certification of the election results. If conflicting amendments are adopted at the same
election, the one receiving the greatest number of affirmative votes shall prevail to the
extent of such conflict.
The foregoing Ordinance was offered by Councilmember Berger, who moved its
adoption on first 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 Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
Ordinance No. 97-3._~o
Page 13
The foregoing Ordinance was offered by Councilmember C°hen , who
moved its adoption on second reading. The motion was seconded by Councilmember
Vice Mayor
Besk~n , and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger no
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow no
Councilmember Patricia Rogers-Libert no
Vice Mayor Jay R. Beskin ),es
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 18th day of November, 1997.
PASSED AND ADOPTED on second madi~~7.
AR'I'H'UR I. SNYD~, MAYOR
TERESA M SMITH, CMC -
CITY CLERK
APPROVED AS TO FORM AND
LEGA,L, SUFFI,i~IENCY.;
CITY ATTORNEY