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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 1 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, 2 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 3 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 4 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. 5 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 6 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. 2 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 3 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. 4 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 5 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 6 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 3 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. 4 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 6 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. 7