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2003-087RESOLUTION NO. 2003-87 RESOLUTION OF THE CITY COMMISSION OF THE CITY OF AVENTURA, 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 rejection. NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE CITY COMMISSION OF THE CITY OF AVENTURA, 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. 2003-87 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 v:.'c, three consecutive terms. No person may serve as a combination of Mayor and Commissioner for more than 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 Length of Service: The City Charter currently limits City Commissioners to no more than two consecutive elected terms and prohibits any person fiom 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 2 Resolution No. 2003-87 Page 3 Shall the Charter Amendment be adopted? [ ] Yes [ ] No Section 5 Ballotinl. (a) That balloting shall be conducted between the hours of 7:00 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. 2003-87 Page 4 election (to-wit: during the week commencing Sunday, February 1, 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 AVENTURA, 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 length 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. 2003-87 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 Holzberg, who moved its adoption. The motion was seconded by Commissioner Cohen, and upon being put to a vote, the vote was as follows: Commissioner Zev Auerbach Commissioner Ken Cohen Commissioner Robert Diamond Commissioner Manny Grossman Commissioner Harry Holzberg Vice Mayor Jay Beskin Mayor Jeffrey M. Perlow yes yes yes yes yes yes yes 5 Resolution No. 2003- Page 6 PASSED AND ADOPTED this 15th day of December, 2003.//~ TFff~A M. so~,~: APPROVED AS TO LEGAL SUFFICIENCY: CITY ATTORNEY 6