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Home My Public Portal About2007-13 Special Election Charter AmendmentsRESOLUTION NO 2007-13 RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE VILLAGE ELECTORS PROPOSED AMENDMENTS TO THE VILLAGE CHARTER, AS PROVIDED BY THE REPORT OF THE CHARTER REVISION COMMISSION, IN ACCORDANCE WITH SECTION 7 06 OF THE VILLAGE CHARTER, SUBMITTING PROPOSED CHARTER AMENDMENTS FOR THE AMENDMENT OF SUBSECTION (A)(u) "REFERENDUM" OF SECTION 5 02 "INITIATIVE AND REFERENDUM" OF THE VILLAGE CHARTER, TO PROVIDE A TIME FRAME FOR COMMENCEMENT OF ANY REFERENDUM PROCEEDINGS ON ORDINANCES AUTHORIZING CAPITAL PROJECTS IN EXCESS OF $500,000, AND FOR THE AMENDMENT OF SECTION 7 06 "CHARTER REVISION", TO REVISE DESCRIPTION OF CERTAIN ELECTIONS AT WHICH CHARTER AMENDMENTS PROVIDED IN THE FUTURE BY VILLAGE CHARTER REVISION COMMISSIONS MAY BE PLACED ON A BALLOT, PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION OF CURRENT CHARTER AMENDMENTS TO THE ELECTORATE, CALLING A SPECIAL ELECTION ON THE PROPOSED CHARTER AMENDMENTS TO BE HELD ON TUESDAY, THE 12TH DAY OF JUNE, 2007, BY MAIL BALLOT PROCEDURE, PROVIDING FOR INCLUSION IN THE CHARTER, PROVIDING FOR SEVERABILITY, AND PROVIDING FOR AN EFFECTIVE DATE WHEREAS, pursuant to Section 7 06 of the Village Charter, the Charter Revision Commission (the " Charter Commission") has determined that a revision to the Village Charter is needed and has drafted the two proposed charter amendments (the "Charter Amendments") which are described herein, and WHEREAS, the report of the Charter Commission has granted to the Council the option of placing the proposed Charter Amendments on the ballot for the next scheduled election, which is the June 12, 2007 charter amendment election which has been scheduled by the Village Council for a pending charter amendment previously presented by petition of electors, and WHEREAS, pursuant to Section 7 06 of the Village Charter, the Village Council is required to submit the Charter Amendments to the electors of the Village for approval or rejection NOW, THEREFORE, IT IS HEREBY RESOLVED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS Section 1 Recitals Adopted That each of the above stated recitals is hereby adopted and confirmed Section 2 Charter Amendments That, subject to the requirements of Section 8 of this Resolution, pursuant to Section 7 06 of the Village Charter, the Village Charter of the Village of Key Biscayne, Flonda, is hereby amended by amending the Village Charter sections descnbed below in Parts A and B, to read as follows 1 Part A That subsection (a) "Power to Initiate and Reconsider Ordinances" of Section 5 02 " Initiative and referendum" of the Village Charter, is amended by revising paragraph (a) (ii) "Referendum" of that section, to read as follows Section 5 02 Imtiative and referendum (a) Power to initiate and reconsider ordinances *** (ii) Referendum (A) The electors of the Village shall have power to require reconsideration by the Council of any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a Village election, 1 Proposed additions to existing Village Charter text are indicated by underlining, proposed deletions from existing Village Charter text are indicated by strikethrough 2 provided that such power shall not extend to the annual budget or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees The referendum power described in paragraph (ii)(A) of this subsection (a) shall not be available to require reconsideration of an ordinance authorizing the issuance of debt or a Capital Project in excess of $500.000 , unless proceedings with respect to the referendum are commenced within thirty (30) days after the date of adoption of the ordinance *** Part B That Section 7 06 " Charter revision" of the Village Charter, is amended, to read as follows Section 7 06 Charter revision At its first regular meeting in December of every fifth (5th) year after the adoption of this Charter, commencing with December 1996, the Council shall appoint a Charter revision commission (the "Charter Revision Commission") consisting of five (5) persons, one (1) of whom shall be a member of the Council serving a second consecutive term as Council Member and four (4) of whom shall be electors of the Village If there are no Council Members serving a second consecutive term, the Council shall appoint to the revision commission one (1) Council Member The Mayor shall not be eligible for appointment to the Charter Revision Commission The Charter Revision Commission shall commence its proceedings within forty-five (45) days after appointment by the Council If the Charter Revision Commission determines that a revision is needed, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Council not later than April 1 of the year following appointment The report of the Charter Revision Commission may grant to the Council the option of placing the proposed amendments on the ballot for the next scheduled Village Mayoral or Council. countywide. statewide, or federal election Otherwise, the Council shall, not less than thirty (30) days or more than sixty (60) days after submission of the proposed amendments to the Council, submit them to the electors of the Village in accordance with the provisions of Section 6 02, except that the provisions of subsections (a) and (b) of such Section shall not apply Section 3 Election Called That a special election is hereby called, to be held on Tuesday, the 12th day of June, 2007, to present to the qualified electors of the Village of Key 3 Biscayne, the ballot questions provided in Section 4 of this Resolution, by mail ballot election Section 4 Form of Ballot That the form of ballot for the Charter Amendments provided for in Section 2 of this Resolution, shall be substantially, as follows " 1 Time Frame For Referendum Power Concermng Certain Capital Projects The Village Charter currently does not provide a time frame for commencing a referendum for the reconsideration of any ordinance approving a capital project It is proposed that the Village Charter be amended to provide that any referendum proceeding for the reconsideration of an ordinance approving a capital project in excess of $500,000 must commence within thirty days after the adoption of the capital project authorizing ordinance Shall the above- described Charter amendment be adopted9 [ ] Yes [ ] No 2 Elections Eligible For Future Charter Amendments Proposed By Charter Revision Comnussions The Village Charter currently enables the Charter Revision Commission to grant the Village Council the scheduling option of placing charter amendments on ballots of any next scheduled election, regardless of the type or timing of that election It is proposed that the Charter be amended to provide that any election used under that scheduling option be a scheduled Village Mayoral or Council, countywide, statewide, or federal election Shall the above- described Charter amendment be adopted? [ [ I Yes ] No" 4 Section 5 Balloting That mail ballots, as prescribed by Section 101 6101-101 6107, Fla Stat , shall be used m this special election All qualified Village electors who are timely registered in accordance with law, shall be entitled to vote The Village Clerk is authorized to obtain any necessary election administration services from the Miami -Dade County Supervisor of Elections The County registration books shall remain open at the office of the Miami -Dade County Supervisor of Elections until May 14, 2007, at which date the registration books shall close in accordance with the provisions of the general election laws The Village Clerk and the Miami - Dade County Supervisor of Elections are hereby authorized to take all appropriate action necessary to carry into effect and accomplish the provisions of this Resolution This special election shall be canvassed by the Village Clerk pursuant to Village Code Section 2-102, unless otherwise provided by law 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 Village at least 30 days prior to said election, the first publication to be in the fifth week prior to the election (to -wit during the week commencing Sunday, May 6, 2007), and the second publication to be in the third week prior to the election (to -wit during the week commencing Sunday, May 20, 2007), and shall be in substantially the following form "NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO RESOLUTION NO 2007-13 ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE "VILLAGE"), A SPECIAL ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON TUESDAY, THE 12TH DAY OF JUNE, 2007, BY MAIL BALLOT, AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSALS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE 5 1 Time Frame For Referendum Power Concermng Certain Capital Projects The Village Charter currently does not provide a time frame for commencing a referendum for the reconsideration of any ordinance approving a capital project It is proposed that the Village Charter be amended to provide that any referendum proceeding for the reconsideration of an ordinance approving a capital project in excess of $500,000 must commence within thirty days after the adoption of the capital project authorizing ordinance Shall the above- described Charter amendment be adopted [ ] Yes [ ] No 2 Elections Eligible For Future Charter Amendments Proposed By Charter Revision Commissions The Village Charter currently enables the Charter Revision Commission to grant the Village Council the scheduling option of placing charter amendments on ballots of any next scheduled election, regardless of the type or timing of that election It is proposed that the Charter be amended to provide that any election used under that scheduling option be a scheduled Village Mayoral or Council, countywide, statewide, or federal election Shall the above- described Charter amendment be adopted [ ] Yes [ ] No The full text of the proposed Village Charter Amendments is available at the office of the Village Clerk located at 88 West McIntyre Street, Key Biscayne, Florida 33149 Village Clerk" 6 The Village Clerk is hereby authorized to combine the above Notice of Special Election with the Notice of Special Election used for other Charter amendments at the same election, and may revise the Notice of Special Election in order to do so Section 7 Copies That copies of this Resolution concerning the Charter Amendments is on file at the office of the Village Clerk, located at 88 West McIntyre Street, Key Biscayne, Florida 33149, and is available for public inspection, during regular business hours Section 8 Effectiveness That the Charter Amendments provided for m Section 2 above shall become effective only if the majority of the qualified electors voting on the specific 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 Village Clerk shall file the adopted Charter Amendments with the Clerk of the Circuit Court of Miami - Dade County, Florida Section 9 Inclusion m the Charter That subject to the requirements of Section 8 above, it is the intention of the Village Council and it is hereby provided that the Charter Amendments shall become and be made a part of the Charter of the Village of Key Biscayne, Florida, 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 PASSED AND ADOPTED this 10th day of April, 2007 MAYOR ROBERT L VERNON 7 CONCHITA H ALVAREZ, CMC, VILLAGE CLERK APPROVED AS TO FORM AND LEGAL SUFFICIENCY VILLAGE ATTOR Y F \100\103001\Resolutions\Charter Revision Commission Items 03 29-07 doc 8