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99-02 ORDINANCE NO. 99-02 AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA, AMENDING THE CITY CODE BY AMENDING CHAPTER 26 "ELECTIONS" AT ARTICLE II "CITY COMMISSION AND MAYOR" BY CREATING SECTION 26-32 "COMMENCEMENT OF TERM OF ELECTED OFFICIALS"; PROVIDING FOR COMMENCEMENT OF TERM OF OFFICE OF ELECTED OFFICIALS OF THE CITY; PROVIDING FOR SEVERABILITY; PROVIDING FOR INCUSlON IN THE CODE; PROVIDING AN EFFECTIVE DATE. WHEREAS, pursuant to Section 5.01(i) of the City Charter, the term of office of the elected officials of the City will commence following election for such office, as specified by ordinance of the City; and WHEREAS, the City Commission desires to provide by ordinance for the orderly commencement of the term of elected officials of the City. NOW, THEREFORE, IT IS HEREBY ORDAINED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. That Section 26-32 "Commencement of Term of Elected Officials" of Article II "City Commission and Mayo~' of Chapter 26 "Elections," of the City Code, is hereby created to read as follows: Section 26-32 Commencement of Term of Elected Officials. (a) The next regular term of office for Commission seats 1, 3, and 5, which expire on March 16, 1999, shall commence on March 17, 1999, following the regular election. (b) The next regular term of office for Commission seats 2, 4, and 6, and for Mayor, which expire on March 20, 2001, shall commence on March 21,2001, following the regular election. (c) Except as provided in subsection (a) and (b) above, the term of office for regular terms of the Mayor and Commissioners shall commence upon the third day after the third Tuesday in March Ordinance No. 99-02 Page 2 subsequent to the occurrence of the election to fill the next regular term of office for the respective Mayoral or Commission seat. Section 3. 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 4. Inclusion in the Code. It is the intention of the City Commission, 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 5. Effective Date. This Ordinance shall be effective immediately upon adoption on second reading. The foregoing Ordinance was offered by Commissioner Cohen, who moved its adoption on first reading. The motion was seconded by Commissioner Berger, and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen yes Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Libert yes Vice Mayor Harry Holzberg yes Mayor Arthur I. Snyder yes Ordinance No. 99-02 Page 3 The foregoing Ordinance was offered by Commissioner Rogers-Liberl: , who moved its adoption on second reading. The motion was seconded by Commissioner Cohen , and upon being put to a vote, the vote was as follows: Commissioner Arthur Berger yes Commissioner Jay R. Beskin yes Commissioner Ken Cohen 7es Commissioner Jeffrey M. Perlow yes Commissioner Patricia Rogers-Libert yes Vice Mayor Harry Holzberg Mayor Arthur I. Snyder . >,es PASSED AND ADOPTED on first reading this 15th day of December, 1998. PASSED AND ADOPTED on second reading this 5th day of January, 1999. ARTHUR I. S~Y~E~R, AYOR A'I-rEST: TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY: c, v 3