HomeMy Public PortalAbout22-016 - Calling for a Special Election for proposed amendments to the City CharterSponsored by: City Clerk
RESOLUTION NO. 22-016
A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-
LOCKA, FLORIDA, CALLING FOR A CITY OF OPA-LOCKA SPECIAL
ELECTION TO BE HELD ON NOVEMBER 8, 2022 FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE, PROPOSED AMENDMENTS TO THE
CITY CHARTER SECTION 2.3 - "MAYOR AND COMMISSION
COMPENSATION"; PROVIDING FOR NOTICE OF ELECTION; PROVIDING
REQUISITE BALLOT LANGUAGE AND CHARTER AMENDMENT TEXT
FOR SUBMISSION TO THE ELECTORATE; PROVIDING FOR THE CITY
CLERK TO UTILIZE THE SERVICES OF MIAMI-DADE COUNTY
SUPERVISOR OF ELECTIONS FOR THE SPECIAL ELECTION;
PROVIDING FOR INCORPORATION OF RECITALS; AND PROVIDING FOR
AN EFFECTIVE DATE.
WHEREAS, the City Commission of the City of Opa-locka has determined that it is in the
best interest of the City for Charter Amendments to be submitted to the electorate at a
referendum special election; and
WHEREAS, this Resolution is intended to be read consistently with Resolution No.'s 22-
007 and 22-008 to include all language required by the City of Opa-locka's Charter and Florida
law; and
WHEREAS, the proposed amendments shall be submitted to the electorate at the
referendum special election to be held on November 8, 2022, as called and provided herein, and
shall become effective upon approval by the electors.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA:
Section 1. In accordance with provisions of the Charter and Code of the City of Opa-
Locka, Florida, a Special Election is hereby called and directed to be held in the City of Opa-
Locka, Florida, from 7:00 a.m. to 7:00 p.m. on November 8, 2022, for the purpose of submitting
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Resolution No. 22-016
to the electorate the proposed referendum ballot language concerning amendments to Section
2.3 - "Mayor and Commission Compensation"; and
Section 2. That the appropriate and proper Miami -Dade County election officials shall
conduct this Special Election hereby called, with acceptance of the certification of the results of
the Elections to be performed by the City Commission. The official returns for each precinct
shall be furnished to the City Clerk of the City of Opa-Locka as soon as the ballots from all
precincts have been tabulated.
Section 3. That the voting precincts in the City for this Special Election shall be
as established by the proper and appropriate Miami -Dade County election officials. All
electors shall vote at the polling places and the voting precincts as determined by the
Miami -Dade County election officials.
Section 4. Not less than thirty days' notice of the adoption of this Resolution and of
its provisions calling this Special Election shall be given by publication in the Miami Herald, a
newspaper of general circulation in Opa-Locka, Miami -Dade County, Florida. Such publication
shall be made once in the fifth week before the election and once in the third week before the
election in accordance with the provisions of Section 100.342, Florida Statutes and the City
Code.
Section 5. The Notice of Elections shall be substantially in the following form:
CITY OF OPA-LOCKA, FLORIDA
NOTICE OF CHARTER AMENDMENT SPECIAL ELECTION
Notice is hereby given that pursuant to Resolution No. 22-016 adopted by the City
Commission of the City of Opa-locka, Florida, a Special Election has been called
and ordered to be held within the City of Opa-locka on Tuesday, November 8,
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Resolution No. 22-016
2022, between the hours of 7:00 a.m. and 7:00 p.m., at which time the following
ballot questions shall be submitted to the qualified electors of the City:
Question 1
Amending compensation for mayor and city commissioners, providing for life insurance and
medical insurance
Shall the City of Opa-locka's Charter be amended to increase compensation for the mayor and
commissioners from $550.00 per month to $1,000.00 per month? Further, shall the Charter be
amended to provide for life insurance and medical insurance for the mayor and commissioners
with all provisions, if approved, to become effective thirty (30) days following the conclusion of
any state financial oversight?
Yes
No
Question 2
Amending compensation to provide for life insurance, medical insurance and monthly
vehicle stipend
Shall the City of Opa-locka's Charter be amended to increase compensation for the mayor and
commissioners from $550.00 per month to $1,000.00 per month? Further, shall the Charter be
amended to provide for life insurance and medical insurance for the mayor and commissioners,
and provide for $300.00 monthly vehicle stipend for the mayor and commissioners with all
provisions, if approved, to become effective thirty (30) days following the conclusion of any
state financial oversight?
Yes
No
Section 6. The form of ballot for the charter amendments special election
provided in Section 5 of this Resolution shall be substantially as follows:
"OFFICIAL BALLOT"
SPECIAL ELECTION
NOVEMBER 8, 2022
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Resolution No. 22-016
Question 1
Amending compensation for mayor and city commissioners, providing for life insurance and
medical insurance
Shall the City of Opa-locka's Charter be amended to increase compensation for the mayor and
commissioners from $550.00 per month to $1,000.00 per month? Further, shall the Charter be
amended to provide for life insurance and medical insurance for the mayor and commissioners
with all provisions, if approved, to become effective thirty (30) days following the conclusion of
any state financial oversight?
Yes
No
Question 2
Amending compensation to provide for life insurance, medical insurance and monthly
vehicle stipend
Shall the City of Opa-locka's Charter be amended to increase compensation for the mayor and
commissioners from $550.00 per month to $1,000.00 per month? Further, shall the Charter be
amended to provide for life insurance and medical insurance for the mayor and commissioners,
and provide for $300.00 monthly vehicle stipend for the mayor and commissioners with all
provisions, if approved, to become effective thirty (30) days following the conclusion of any
state financial oversight?
Yes
No
Section 7. The form of the ballot to be used in this Special Election and its preparation
shall be in compliance with all statutory requirements relating to the use of mechanical or other
approved voting machines or devices.
Charter Amendment Text; Effectiveness. The text of the proposed Charter amendment (the
"Charter Amendment(s)") are set forth in Resolution No. 22-007 and Resolution No. 22-008. The
Charter Amendment(s) shall become effective if the majority of the qualified electors of the City
voting on the Charter Amendment vote for its adoption, and it shall be considered adopted and
effective thirty (30) days after the City is no longer under state financial oversight. Following the
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Resolution No. 22-016
adoption of the Charter Amendment(s), the City Clerk shall file the adopted Charter
Amendment(s) with the Clerk of the Circuit Court of Miami- Dade County, Florida.
Section 8. Available for Public Inspection - Copies of this Resolution, as well as
Resolution no. 007and Resolution no. 22-008 providing for the special election referendum are
on file in the Office of the City Clerk located at 780 Fisherman Street, 4th Floor, Opa-Locka,
Florida and are available for public inspection during regular business hours.
Section 9. Registration of persons desiring to vote in the Special Election shall be in
accordance with the general laws of the State of Florida governing voter registration. The
Miami -Dade County Supervisor of Elections will register voters for the Special Election until
5:00 p.m. on October 11, 2022. All persons eligible to vote in the Special Election must be
registered before the time and date set forth herein or have registered previously, as provided
by law. Each person desiring to become a registered voter shall be responsible for properly
filling out the registration form and returning it to the Miami -Dade County Elections
Department. All questions concerning voter registration should be directed to the Miami -Dade
County Elections Department, 2700 NW 87 Avenue, Miami, Florida 33172; Telephone: (305) 499 -
VOTE (8683).
Section 10. That voters participating via a Vote -by -Mail ballot in this Special Election
shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of
Florida with respect to such voting.
Section 11. That the City of Opa-Locka shall pay all expenses for conducting this
Special Election to Miami -Dade County or directly to all persons or firms, upon receipt of
invoice or statement approved by the Supervisor of Elections of Miami -Dade County, Florida.
Section 12. The recitals to the preamble herein are incorporated by reference.
Section 13. This resolution shall take effect upon adoption by the City Commission and
is subject to final approval by the State of Florida Financial Oversight Board for the City of
Opa-Locka, FL to the extent appropriate.
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Resolution No. 22-016
PASSED AND ADOPTED this 27th day of July, 2022.
Veronica Wil`iams
Mayor
Attest:
J nna Flores
City Clerk
Moved by: Vice Mayor Taylor
Seconded by: Commissioner Bass
VOTE: 5-0
Commissioner Bass YES
Commissioner Davis YES
Commissioner Dominguez YES
Vice -Mayor Taylor YES
Mayor Williams YES
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Approved as to form and legal
sufficiency:
Burn. de - Norris- eeks, P.A.
City Attorney
RESOLUTION NO. 22-007
A RESOLUTION OF THE CITY OF OPA-LOCKA,
FLORIDA, CALLING FOR A REFERENDUM OF THE
QUALIFIED ELECTORS OF THE CITY FOR THE
PURPOSE OF DETERMINING WHETHER THE CITY
CHARTER SHALL BE AMENDED TO INCREASE THE
COMPENSATION FOR THE MAYOR AND
COMMISSION MEMBERS FROM FIVE HUNDRED AND
FIFTY DOLLARS PER MONTH TO ONE THOUSAND
DOLLARS PER MONTH; PROVIDING FOR LIFE
INSURANCE AND MEDICAL INSURANCE;
PROVIDING FOR AN EFFECTIVE DATE 30 DAYS
FOLLOWING THE CONCLUSION OF STATE
FINANCIAL OVERSIGHT; STATING THE
REFERENDUM QUESTION; STATING THE TEXT OF
THE PROPOSED CHARTER AMENDMENT; STATING
THE DATE ON WHICH THE REFERENDUM WILL BE
HELD; PROVIDING AN EFFECTIVE DATE FOR THE
CHARTER AMENDMENT, IF APPROVED; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, during a City Commission meeting held on July 13, 2022, the City
Commission of the City of Opa-Locka, Florida approved a recommendation of the City's
Charter Review Board for a referendum question to go before qualified voters of the City
of Opa-Locka for the Mayor and City Commission members to receive an increase in
compensation from Five Hundred and Fifty Dollars ($550.00) per month to One
Thousand Dollars ($1,000.00) per month; to further provide for life insurance and medical
insurance for the Mayor and City Commission members; and
WHEREAS, the City Commission of the City of Opa-Locka, Florida further
accepts the recommendation of the Charter Review Board that if approved by the
qualified voters, that changes to the Charter, as set forth herein, will only become effective
Resolution No. 22-007
thirty (30) days following the conclusion of state financial oversight and only if the City
of Opa-Locka is not under state financial oversight; and
WHEREAS, the City Commission desires that compensation for the City's elected
officials be increased in order to be more in standing with the amount of work provided
to the City; and
WHEREAS, the City Commission finds that the proposed amendment to the
Charter is worthy of being placed on the ballot at the next City election for approval, or
not, by the electorate of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
Section 1. Adoption of Representations.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and the same are hereby made a specific part of this Resolution.
Section 2. Submission of Proposed Charter Language.
Attached hereto and incorporated herein as Exhibit "A", is a proposed amended
section of the charter of the City of Opa-Locka. The amended charter is done in strike
through/underscore format. All language shown as being struck through is language of
the existing City of Opa-Locka charter which will be deleted from the current charter if
the amendment is approved. All language shown as underscored in the proposed charter
is language which will be added to the charter if the amendment is approved.
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Resolution No. 22-007
Section 3. Approval of the Ballot Statement.
The following statement is hereby approved as the explanatory statement to be
placed upon the ballot:
Shall the City of Opa-Locka charter be amended, by increasing compensation for
the Mayor and City Commission members, provide for life insurance and medical
insurance?
Section 4. Ballot Title.
The following is hereby approved as the ballot title as required by Section 10'1.161,
Florida Statutes:
Amending compensation for Mayor and City Commissions, providing for life
insurance and medical insurance.
Section 5. Ballot Summary.
Shall the City of Opa-Locka's Charter be amended to increase compensation for
the mayor and commissioners from $550.00 per month to $1,000.00 per month? Further,
shall the Charter be amended to provide for life insurance and medical insurance for the
mayor and commissioners with all provisions, if approved, to become effective thirty (30)
following the conclusion of any state financial oversight?
YES, for the Amendment
NO, against the Amendment
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Resolution No. 22-007
Section 6. Approval of Amendments.
If a majority of the qualified electors of the City of Opa-Locka voting on the
referendum question vote for approval of the proposed, then the approved amendments
shall go into effect thirty (30) days after the City is no longer under state financial
oversight.
Section 7.
This resolution shall take effect immediately upon adoption, except that the
proposed amendment to the City Charter shall become effective as provided herein
following referendum. Sections of this Resolution may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be authorized by
the City Attorney or designee, without need of public hearing by filing a corrected copy
of the same with the City Clerk.
Section 8. Submission to Qualified Electors.
The proposed amendment to the Charter of the City of Opa-Locka (hereafter City
Charter) set forth herein shall be submitted to the vote of the qualified electors of the City
for approval at a referendum to be held on November 8, 2022.
Section 9. Coordination.
The City Clerk is hereby authorized to coordinate with the office of the Supervisor
of Elections in order to do those things necessary to have this proposal placed on the
ballot for the City of Opa-Locka election scheduled on November 8, 2022.
Section 10. Proposed Amendments.
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Resolution No. 22-007
The proposed amendments to the City Charter is set forth in Exhibit A, attached
hereto and by this reference made a part hereof. (Proposed new text is shown in underline
and proposed deleted text shown in strike through.)
Section 11. Severability.
If any provision of this or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other provisions of the Code or applications
of this Resolution that can be given effect without the invalid provision or application,
and to this end the provisions of this Resolution are declared to be severable.
Section 12. Effective Date.
This Resolution shall take effect immediately upon final passage and adoption.
PASSED and ADOPTED this 13th day of July, 2022.
Veronica WilliamMayor
TEST:
nna Flores, City Clerk
APPROVED AS TO FORM AND
LEGAL SUFICIENCY:
Bu Lnad: e Non' -Weeks, P.A.
City Attorney
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Resolution No. 22-007
Moved by: Commissioner Davis
Seconded by: Commissioner Bass
VOTE: 5-0
Commissioner Dominguez YES
Commissioner Bass YES
Commissioner Davis YES
Vice Mayor Taylor YES
Mayor Williams YES
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EXHIBIT "A"
Section 2.3. - Mayor and commission compensation.
Compensation for the mayor and commissioners shall be set at One Thousand Dollars
per month. Further, life insurance and Medical
insurance shall be provided for the mayor and each city commissioner.
RESOLUTION NO. 22-008
A RESOLUTION OF THE CITY OF OPA-LOCKA,
FLORIDA, CALLING FOR A REFERENDUM OF THE
QUALIFIED ELECTORS OF THE CITY FOR THE
PURPOSE OF DETERMINING WHETHER THE CITY
CHARTER SHALL BE AMENDED TO INCREASE THE
COMPENSATION FOR THE MAYOR AND
COMMISSION MEMBERS FROM FIVE HUNDRED AND
FIFTY DOLLARS PER MONTH TO ONE THOUSAND
DOLLARS PER MONTH; PROVIDING FOR LIFE
INSURANCE, MEDICAL INSURANCE AND A THREE
HUNDRED DOLLAR MONTHLY VEHICLE STIPEND;
PROVIDING FOR AN EFFECTIVE DATE 30 DAYS
FOLLOWING THE CONCLUSION OF STATE
FINANCIAL OVERSIGHT; STATING THE
REFERENDUM QUESTION; STATING THE TEXT OF
THE PROPOSED CHARTER AMENDMENT; STATING
THE DATE ON WHICH THE REFERENDUM WILL BE
HELD; PROVIDING AN EFFECTIVE DATE FOR THE
CHARTER AMENDMENT, IF APPROVED; PROVIDING
FOR SEVERABILITY; PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, during a City Commission meeting held on July 13, 2022, the City
Commission of the City of Opa-Locka, Florida approved a recommendation of the City's
Charter Review Board for a referendum question to go before qualified voters of the City
of Opa-Locka for the Mayor and City Commission members to receive an increase in
compensation from Five Hundred and Fifty Dollars ($550.00) per month to One
Thousand Dollars ($1,000.00) per month; to further provide for life insurance, medical
insurance and a Three Hundred Dollar ($300.00) monthly vehicle stipend for the Mayor
and City Commission members; and
WHEREAS, the City Commission of the City of Opa-Locka, Florida further
accepts the recommendation of the Charter Review Board that if approved by the
Resolution No. 22-008
qualified voters, that changes to the Charter, as set forth herein, will only become effective
thirty (30) days following the conclusion of state financial oversight and only if the City
of Opa-Locka is not under state financial oversight; and
WHEREAS, the City Commission desires that compensation for the City's elected
officials be increased in order to be more in standing with the amount of work provided
to the City; and
WHEREAS, the City Commission finds that the proposed amendment to the
Charter is worthy of being placed on the ballot at the next City election for approval, or
not, by the electorate of the City.
NOW THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE
CITY OF OPA-LOCKA, FLORIDA, AS FOLLOWS:
Section 1. Adoption of Representations.
The foregoing "Whereas" clauses are hereby ratified and confirmed as being
true and the same are hereby made a specific part of this Resolution.
Section 2. Submission of Proposed Charter Language.
Attached hereto and incorporated herein as Exhibit "A", is a proposed amended
section of the charter of the City of Opa-Locka. The amended charter is done in strike
through/ underscore format. All language shown as being struck through is language of
the existing City of Opa-Locka charter which will be deleted from the current charter if
the amendment is approved. All language shown as underscored in the proposed charter
is language which will be added to the charter if the amendment is approved.
2
Resolution No. 22-008
Section 3. Approval of the Ballot Statement.
The following statement is hereby approved as the explanatory statement to be
placed upon the ballot as required by Section 101.161, Florida Statutes:
Shall the City of Opa-Locka charter be amended, by increasing compensation for
the Mayor and City Commission members, provide for life and medical insurance and a
monthly vehicle stipend?
Section 4. Ballot Title.
The following is hereby approved as the ballot title as required by Section 101.161,
Florida Statutes:
Amending compensation to provide for life insurance, medical insurance and
monthly vehicle stipend.
Section 5. Ballot Summary.
Shall the City of Opa-Locka's Charter be amended to increase compensation for
the mayor and commissioners from $550.00 per month to $1,000.00 per month? Further,
shall the Charter be amended to provide for life insurance and medical insurance for the
mayor and commissioners, and provide for a $300.00 monthly vehicle stipend for the
mayor and commissioners with all provisions, if approved, to become effective thirty (30)
days following the conclusion of any state financial oversight?
YES, for the Amendment
NO, against the Amendment
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Resolution No. 22-008
Section 6. Approval of Amendments.
If a majority of the qualified electors of the City of Opa-Locka voting on the
referendum question vote for approval of the proposed, then the approved amendments
shall go into effect thirty (30) days after the City is no longer under state financial
oversight.
Section 7.
This resolution shall take effect immediately upon adoption, except that the
proposed amendment to the City Charter shall become effective as provided herein
following referendum. Sections of this Resolution may be renumbered or re -lettered and
corrections of typographical errors which do not affect the intent may be authorized by
the City Attorney or designee, without need of public hearing by filing a corrected copy
of the same with the City Clerk.
Section 8. Submission to Qualified Electors.
The proposed amendment to the Charter of the City of Opa-Locka (hereafter City
Charter) set forth herein shall be submitted to the vote of the qualified electors of the City
for approval at a referendum to be held on November 8, 2022.
Section 9. Coordination.
The City Clerk is hereby authorized to coordinate with the office of the Supervisor
of Elections in order to do those things necessary to have this proposal placed on the
ballot for the City of Opa-Locka election scheduled on November 8, 2022.
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Resolution No. 22-008
Jo nna Flores, City Clerk
Section 10. Proposed Amendments.
The proposed amendments to the City Charter is set forth in Exhibit A, attached
hereto and by this reference made a part hereof. (Proposed new text is shown in underline
and proposed deleted text shown in strike through).
Section 11. Severability.
If any provision of this or the application thereof to any person or circumstance is
held invalid, such invalidity shall not affect other provisions of the Code or applications
of this Resolution that can be given effect without the invalid provision or application,
and to this end the provisions of this Resolution are declared to be severable.
Section 13. Effective Date.
This Resolution shall take effect immediately upon final passage and adoption.
PASSED and ADOPTED this 13th day of July, 2022.
TEST:
APPROVED AS TO FORM AND
LEGAL S ICIENCY:
Bu ad- e Nor ' -Weeks, P.A.
City = orney
eronica Williams, Mayor
5
Resolution No. 22-008
Moved by: Commissioner Davis
Seconded by: Vice Mayor Taylor
VOTE: 5-0
Commissioner Dominguez YES
Commissioner Bass YES
Commissioner Davis YES
Commissioner Taylor YES
Mayor Williams YES
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EXHIBIT "A"
Section 2.3. - Mayor and commission compensation.
Compensation for the mayor and commissioners shall be set at One Thousand Dollars
five hundred fift„r dv„-ars ($550.00) per month. Further, a $300.00 monthly vehicle
stipend, life insurance policy and medical insurance shall be provided for the mayor and
each city commissioner.
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