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98-007 RESOLUTION NO. 98-07 RESOLUTION OF THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, CALLING A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE CITY CHARTER TO BE HELD ON TUESDAY, MARCH 10, 1998; TO CONSIDER PROVIDING FOR AMENDMENT OF THE CITY CHARTER CONCERNING SECTION 2.02 "MAYOR AND VICE MAYOR", TO PROVIDE FOR SEMI-ANNUAL APPOINTMENT OF VICE MAYOR; SECTION 2.05 "VACANCIES"; FORFEITURE OF OFFICE; FILMNG OF VACANCIES" BY AMENDING SUBSECTION (C) "FILLING OF VACANCIES," REVISING 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; SECTION 3.05 "BOND OF CITY MANAGER," PROVIDING THAT CITY COUNCIL MAY BY ORDINANCE REQUIRE CITY MANAGER TO FURNISH A FIDELITY BOND; SECTION 5.01 "ELECTIONS," REVISING DATE OF ELECTION FOR MAYOR AND COUNCIL, DATE OF COMMENCEMENT OF TERMS, EXTENDING CURRENT TERM OF OFFICE; SECTION 8.07 "INITIAL ELECTION OF COUNCIL AND MAYOR" TO CONFORM TO AMENDMENT OF SECTION 5.01; SECTION 7.03 "CONFLICTS OF INTEREST; ETHICAL STANDARDS," ENABLING 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 "COUNClLMEMBER" THE DESIGNATION "COMMISSIONER"; PROVIDING REQUISITE BALLOT LANGUAGE; PROVIDING FOR TIMES AND PLACES OF BALLOTING; PROVIDING FOR SEVERABILITY; PROVIDING FOR NOTICE; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AS FOLLOWS: Section 1. A special election is hereby called for Tuesday, March 10, 1998, to Resolution No. 98-07 Page 2 present to the electors of the City of Aventura (the "City") the eight (8) ballot questions provided in Section 3 of this Resolution, pursuant to Ordinance No. 97-30. Section 2. Balloting shall be conducted between the hours of 7:00 a.m. until 7:00 p.m. at polling places provided for City elections. All qualified electors residing within the City shall be entitled to vote, subject to the closing of voter registration books as provided by law. Section 3. Notice of said election shall be published by the City Clerk in accordance with Section 100.342, Florida Statutes, 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, and the second publication to be in the third week prior to the election, and shall be in substantially the following form: "NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO AN ORDINANCE DULY ADOPTED BY THE CITY COUNCIL OF THE CITY OF AVENTURA, FLORIDA, AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY OF AVENTURA ON TUESDAY, MARCH 10, 1998, BETVVEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING CITY CHARTER AMENDMENT PROPOSITIONS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY. 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? Resolution No. 98-07 Page 3 Yes [] No [] 2. FILLING AVACANCY 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 ^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? 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? Resolution No. 98-07 Page 4 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 [ ] 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 [ ] Resolution No. 98-07 Page 5 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 [ ] Polling place information and the full text of the proposed City Charter amendments are available at the office of the City Clerk located at 2999 N.E. 191 Street, Suite 500, Aventura, Florida." Section 4. Copies of this Resolution and the Ordinance providing for the Charter amendments, subject to this referendum approval, are on file in the office of the City Clerk of the City of Aventura, located at 2999 N.E. 191 Street, Suite 500, Aventura, Florida, 33180, and will be available for public inspection during regular business hours. Section 5. The City Clerk is authorized to utilize the services of the Miami-Dade County Supervisor of Elections for any assistance required in the administration of this election. Section 6. This resolution shall become effective immediately upon its adoption. The foregoing Resolution was offered by Councilmember Cohen, who moved its adoption. The motion was seconded by Councilmember Holzberg, and upon being put to a vote, the vote was as follows: 5 Resolution No. 98-07 Page 6 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 yes Mayor Ar[hur I. Snyder yes PASSED AND ADOPTED this 6th day 9f'~lanuary, 199~ AI~'-I'HUR I. SNY/DE . ATT'EST TERESA M. SMITH, CMC CITY CLERK APPROVED AS TO FORM AND ~:,A~ SUFFICIENCY: -~ (?,~AI-FORNEY--' ~: