HomeMy Public PortalAbout2002-17 Special Election concerning Final Report of the Key Biscayne Charter Revision CommissionRESOLUTION NO. 2002-17
A RESOLUTION OF THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A
SPECIAL ELECTION ON THE PROPOSED AMENDMENTS
TO THE VILLAGE CHARTER TO BE HELD ON
THURSDAY, JUNE 27, 2002, BY MAIL BALLOT
PROCEDURE; PROVIDING FOR SUBMISSION TO THE
ELECTORS FOR APPROVAL OR DISAPPROVAL THE
CHARTER AMENDMENTS RECOMMENDED BY THE KEY
BISCAYNE CHARTER REVISION COMMISSION
PURSUANT TO FINAL REPORT OF APRIL 2002;
PROVIDING FOR REQUISITE BALLOT LANGUAGE;
PROVIDING FOR PROCEDURE FOR MAIL BALLOTING;
PROVIDING FOR NOTICE; PROVIDING FOR AN
EFFECTIVE DATE.
WHEREAS, pursuant to Miami -Dade County Charter Section 5.03 and Village Charter
Section 7.06, the Key Biscayne Charter Revision Commission issued its Final Report of April 2002
(the "Report"), concerning necessary revisions to the Village Charter and has drafted the appropriate
amendments to the Village Charter for submission to the electors; and
WHEREAS, in accordance with Section 7.06 of the Village Charter, the Village Council
desires to submit the proposed amendments to the electors of the Village.
NOW, THEREFORE, BE IT RESOLVED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:
Section 1. That a special election is hereby called for Thursday, the 27th day of June, 2002
to present to the electors of the Village of Key Biscayne (the "Village") each of the ballot questions
provided in Section 4 of this Resolution.
Section 2. That mail ballots, as prescribed by Sections 101.6101-101.6107, Florida Statutes,
shall be used in this special election. All qualified electors residing within the Village who are
timely registered shall be entitled to vote.
Section 3. That notice of said election shall be published in accordance with Section
100.342, Florida Statutes, 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, and the second
publication to be in the third week prior to the election, and shall be in substantially the following
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"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
THE APRIL 2 002 F INAL R EPORT O F THE KEY B ISCAYNE
CHARTER REVISION COMMISSION AND AN ENABLING
RESOLUTION DULY ADOPTED BY THE VILLAGE COUNCIL
OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE
"VILLAGE") AN ELECTION HAS BEEN CALLED AND
ORDERED TO BE HELD WITHIN THE VILLAGE ON
THURSDAY, JUNE 27, 2002, BY MAIL BALLOT, AT WHICH
TIME THE FOLLOWING CHARTER AMENDMENT
PROPOSITIONS SHALL BE SUBMITTED TO THE QUALIFIED
ELECTORS OF THE VILLAGE:
Those certain 23 proposed amendments to the Village Charter as described in the
April 2002 Final Report of the Key Biscayne Charter Revision Commission, which
proposals are commonly referred to by the following ballot titles:
1. Technical And Stylistic Amendments
2. Reduction Of Size Of Village Council
3. Role of Village Council In Connection With Certain Duties Of the Mayor And
Manager
4. Procedure For Appointment Of Members Of Village Boards
5. Reduction Of Council Member Term Of Office
6. Length Of Service As Mayor
7. Providing For Election Of Council By Seats
8. Candidates Must Be Registered Voter Of Village For At Least One year Prior To
Qualifying
9. Reimbursement For Expenses
10. Election Communications
11. Definition And Procedures Applicable To Capital Projects Of The Village
12. Time Limit On Initiative And Referendum Proceedings Concerning Capital
Proj ects
13. Village Code, Ordinances And Resolutions
14. Procedure For Election Of Mayor And Village Council Members
15. Number Of Electors Required For Petitioners' Committee In Initiative,
Referendum And Charter Amendment Process
16. Percentage Of Electors Signatures Required For Initiative And Referendum
Petitions
17. Plain Language Summary Required For Initiative, Referendum, And Charter
Amendment Petitions
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18. Creating Pre -Clearance Requirement For Legal Sufficiency Of Initiative,
Referendum And Charter Amendment Petitions
19. Time For Submission Of Initiative Or Referendum Petition Measures To The
Electors
20. Reduction Of Time For Submittal Of Charter Amendments To Voters
21. Grants And Charitable Contributions
22. Charter Revision Commission
23. Revision To Timetable For Election On Recommendations Of Charter Revision
Commission
The full text of the proposed Village Charter amendments, and the enabling
Resolution for this election are available at the Office of the Village Clerk, located
at 85 West McIntyre Street, Key Biscayne, FL 33149.
II
Village Clerk
Section 4. That the form of ballot for each of the proposed Charter amendments shall be as
follows:
1. TECHNICAL AND STYLISTIC AMENDMENTS
It has been proposed that the Charter of the Village of Key Biscayne be
amended to reflect non -substantive stylistic and technical changes made for
clarity, including the insertion of defined words and the consistent usage of
terms, along with any amendments needed for conformity and consistency of
Charter amendments.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
2. REDUCTION OF SIZE OF VILLAGE COUNCIL
The Village Charter currently provides for the Council to consist of seven
persons, and establishes Council voting requirements based on that number.
It has been proposed that the Charter be amended to reduce the Council to
five persons.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
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3. ROLE OF VILLAGE COUNCIL IN CONNECTION WITH CERTAIN
DUTIES OF THE MAYOR AND MANAGER
It has been proposed that the Charter be amended to: (1) require Council
consent for the Mayor to represent the Village in dealings with other
governmental entities; (2) provide that the Mayor shall present an annual
budget message after approval of the budget by the Village Council; (3)
provide for the Manager to first obtain input from the Council before
preparing the proposed annual budget and capital program.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
4. PROCEDURE FOR APPOINTMENT OF MEMBERS OF VILLAGE
BOARDS
The Village Charter currently provides for the Mayor to appoint members of
Village boards with Council approval, but does not provide a procedure for
appointments. It has been proposed that the Charter be amended to provide
a specific procedure for the Mayor to appoint members of Village boards,
subject to ratification by the Council, including the solicitation of
recommendations for appointments from Council Members.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
5. REDUCTION OF COUNCIL MEMBER TERM OF OFFICE
The Village Charter currently provides for Council Members, other than the
Mayor, to be elected for four year terms. It has been proposed that the
Charter be amended to provide for Council Members to be elected for two
year terms.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
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6. LENGTH OF SERVICE AS MAYOR
The Village Charter currently provides that no person shall serve as Mayor
for more than two consecutive two-year terms totaling four consecutive years.
It has been proposed that the Charter be amended to enable a person to serve
as Mayor for up to four consecutive two-year terms totaling eight consecutive
years.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
7. PROVIDING FOR ELECTION OF COUNCIL BY SEATS
The Village Charter currently provides for Council candidates to run at -large
without the designation of a specific seat. It has been proposed that the
Charter be amended to provide for: (1) the election of each Council Member
to an at -large designated seat; and (2) an extended qualifying period if no
candidates qualify for a particular seat The proposed seats do not represent
any specific geographic area.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
8. CANDIDATES MUST BE REGISTERED VOTER OF VILLAGE FOR AT
LEAST ONE YEAR PRIOR TO QUALIFYING
The Village Charter currently requires that electors of the Village reside in
the Village for one year prior to filing to run for Village Council. It has been
proposed that the Charter be amended to also require that candidates for
Village Council be a registered voter of the Village for at least one year prior
to filing to run for Village Council.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
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9. REIMBURSEMENT FOR EXPENSES
The Village Charter currently provides for the Mayor and Council Members
to receive reimbursement for authorized travel and per diem expenses. It is
proposed that the Village Charter be amended to provide for the Mayor and
Council Members to receive reimbursement for any authorized expenses
incurred in the performance of their official duties.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
10. ELECTION COMMUNICATIONS
The Village Charter currently does not contain any provision addressing
expenditures for advocating the Village's position in elections concerning
initiative, referendum or Charter amendments. It has been proposed that the
Charter be amended to include provisions and procedures concerning election
communication expenditures, by which the Council would provide for the
public to be fairly informed of both Council majority and minority positions.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
11. DEFINITION AND PROCEDURES APPLICABLE TO CAPITAL
PROJECTS OF THE VILLAGE
The V illage Charter currently does not contain a definition and detailed
procedures concerning capital projects. It has been proposed that the Charter
be amended to provide: (1) a definition of capital projects; and (2) require
capital projects in excess of $500,000.00 to be approved by ordinance, with
notice to the public prior to second reading.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
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12. TIME LIMIT ON INITIATIVE AND REFERENDUM PROCEEDINGS
CONCERNING CAPITAL PROJECTS
The Village Charter currently does not contain a time limit on initiative and
referendum proceedings relating to Capital Projects. It has been proposed
that the Charter be amended to require that initiative and referendum
proceedings relating to Capital Projects be commenced within 30 days of
adoption of Capital Project legislation.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
13. VILLAGE CODE. ORDINANCES AND RESOLUTIONS
The current Village Charter provides that ordinances, codes and resolutions
of the Village or Miami -Dade County, in effect as of April 1, 1997, remain
in effect, except as modified by the Village. It has been proposed that the
Charter be amended to provide that such ordinances, resolutions and codes
in effect as of May 1, 2002, shall remain effective, except as modified by the
Village.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
14. PROCEDURE FOR ELECTION OF MAYOR AND VILLAGE COUNCIL
MEMBERS
The current Village Charter generally provides for an election system, which
includes primary, regular and run-off elections. It is proposed that the
Charter be amended to eliminate the primary election and provide for a
regular election, with a two -person run-off election being held only if no
candidate receives greater than 50% of the ballots cast for a seat or for the
Office of Mayor.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
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15. NUMBER OF ELECTORS REQUIRED FOR PETITIONERS'
AMENDMENT PROCESS
The current Village Charter provides that a minimum of ten electors may
commence initiative, referendum or Charter amendment proceedings as a
Petitioners' Committee. It has been proposed that the Charter be amended to
provide that a minimum of forty electors of the Village shall be necessary in
order to commence initiative, referendum or Charter amendment proceedings.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
16. PERCENTAGE OF ELECTORS SIGNATURES REQUIRED FOR
INITIATIVE AND REFERENDUM PETITIONS
The current Charter provides that initiative and referendum petitions must be
signed by at least 10% of registered Village electors. It has been proposed
that the Charter be amended to provide that initiative and referendum
petitions must be signed by at least 15% of registered Village electors. This
revision shall not apply to Charter amendments, the requirement for which
shall remain at 10% as required by County Charter.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
17. PLAIN LANGUAGE SUMMARY REQUIRED FOR INITIATIVE,
REFERENDUM. AND CHARTER AMENDMENT PETITIONS
The current Village Charter provides that initiative, referendum, and Charter
amendment petitions provide the full text of the ordinance proposed or sought
to be reconsidered, but does not specify that a brief description summarizing
such ordinance be provided. It has been proposed that the Charter be
amended to provide that such petitions shall also include a brief description
summarizing such ordinance in plain language.
Shall the above described amendment be adopted?
Yes [ ]
No [1
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18. CREATING PRE -CLEARANCE REQUIREMENT FOR LEGAL
SUFFICIENCY OF INITIATIVE. REFERENDUM AND CHARTER
AMENDMENT PETITIONS
The current Village Charter requires that initiative, referendum and Charter
amendment petitions be legally sufficient, but does not provide a mandatory
legal review process. It has been proposed that the Charter be amended to
provide for m andatory p re -circulation r eview b y t he V illage A ttorney a t
Village expense for the legal sufficiency of initiative, referendum and Charter
amendment petitions, and extends the petition filing deadline.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
19. TIME FOR SUBMISSION OF INITIATIVE OR REFERENDUM
PETITION MEASURES TO THE ELECTORS
The current Charter provides that an election on a measure proposed by
initiative or referendum petition shall be held between thirty and sixty days
after the Council acts on a petition. It has been proposed that the Charter be
amended to provide for such time period to be not less than thirty days and
not more than 120 days, to facilitate compliance with notification
requirements of State law.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
20. REDUCTION OF TIME FOR SUBMITTAL OF CHARTER
AMENDMENTS TO VOTERS
The current Village Charter provides that if a special election is held for
submittal of Charter amendments to the electors, it shall be held not more
than 120 days from certification of the petition. It has been proposed that the
Charter be amended to provide that the special election shall be held no more
than ninety days from the date the petition was certified sufficient.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
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21. GRANTS AND CHARITABLE CONTRIBUTIONS
The current Village Charter provides that the Village shall not make any grant
or charitable contribution unless approved unanimously by all elected
officials. It has been proposed that the Charter be revised to provide that
grants or charitable contributions may be made by the Village if approved by
the affirmative vote of a majority plus one of the entire Council.
Shall the above described amendment be adopted?
Yes [ ]
No [1
22. CHARTER REVISION COMMISSION
The current Charter requires that one member of the Charter Revision
Commission shall be a Council Member serving a second consecutive
Council term. It has been proposed that the Charter be revised to allow any
Council Member to serve and to provide that an additional Village elector
shall be appointed if a Council Member is unable or unwilling to serve on the
Commission.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
23. REVISION TO TIMETABLE FOR ELECTION ON
RECOMMENDATIONS OF CHARTER REVISION COMMISSION
The current Village Charter provides for an election on the Charter Revision
Commission's proposed Charter amendments not less than thirty days or more
than sixty days after submission of proposed amendments by the Charter
Revision Commission. It has been proposed that the Charter be amended to
expand this time period to not less than sixty days and no more than ninety
days, for conformity with the County Charter.
Shall the above described amendment be adopted?
Yes [ ]
No [ ]
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Section 5. That the full text of the proposed Charter amendments, as set forth in the Report,
is to amend the Village Charter by adding the new matter underlined and deleting the matter struck
through, as follows:
8 Copyrighted. Municipal Code Corp., affiliated Municipality. 1999.
PART I CHARTER*
*Editor's note —Printed herein is the Municipal Charter of the Village of Key Biscayne, as
adopted by the voters on June 18, 1991. Amendments to the Charter are indicated by parenthetical
history notes following amended provisions. The absence of a history note indicates that the
provision remains unchanged from the original Charter. Obvious misspellings have been corrected
without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to
state statutes has been used. Additions made for clarity are indicated by brackets.
Notes from 1997 Charter Revision Commission. The following are notes which are
included in the Charter as directed by the ? Charter Revision Commission Commissions of 1997
and 2002.
1. For historical purposes, the Comitec Committee wishes to note the following. The
members of the original Charter Committee were as follows:
Luis Lauredo, Chair
Betty Sime, Vice Chair
Roberto Cambo, Member
Michael Hill, Member
Ed Sawyer, Member
The Reporter was Hugh O'Reilly and the attorney was Stuart Ames.
2. The Charter Revision Commission of 1996--97 was appointed by the Village Council on
December 10, 1996 and met during the early months of 1997 to review the Village Charter. The
members of the Charter Revision Commission were as follows:
Betty Sime, Chair
Michael Kahn, Vice Chair
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Paul Auchter, Member
Martha Broucek, Member
Ron Drucker, Member
The Clerk was Conchita H. Alvarez, the Manager was C. Samuel Kissinger and the attorneys were
Richard Jay Weiss, Stephen J. Helfman and Nina L. Boniske. As a result of those meetings, 25
amendments were proposed to the electorate. Of the 25 amendments proposed, 23 were approved
by the electorate on June 10, 1997.
The Village Council proposed 3 additional amendments, only one of which was approved
by the electors on June 10, 1997.
The Charter below reflects amendments to Sections 4.10 and 5.02 approved at a general
election on December 4, 2001.
3. The Charter Revision Commission of 2001-02 was appointed by the Village Council
on November 13, 2001 (as ratified on January 15, 2002) and met during the early months of
2002 to review the Village Charter. The members of the Charter Revision Commission were
as follows:
Martha F. Broucek. Chair
Michael A. Kahn, Vice Chair
Stuart D. Ames, Member
Dr. Michael E. Kelly, Member
Luis Lauredo. Member
The Clerk was Conchita H. Alvarez, the Manager was C. Samuel Kissinger and the attorneys
were Richard Jay Weiss and Tony L. Recio. As a result of those meetings, _ amendments
were proposed to the electorate. Of the _ amendments proposed, _ were approved by the
electorate on
Article I. Corporate Existence, Form of Government, Boundary and Powers
Sec. 1.01. Corporate existence.
Sec. 1.02. Form of government.
Sec. 1.03. Corporate boundary/MAP.
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Sec. 1.04. Powers.
Sec. 1.05. Construction.
Sec. 1.06. Capitalization.
Article II. Village Council; Mayor
Sec. 2.01. Village Council.
Sec. 2.02. Mayor .
Sec. 2.03. Vice Mayor.
Sec. 2.04. Election and term of office; Seats.
Sec. 2704 2.05. Qualifications.
Sec. 2.05 2.06. Vacancies; forfeiture of office; filling of vacancies.
Sec. 2.0& 2.07. Recall.
Sec. 2.07 2.08. No compensation; reimbursement for expenses.
Article III. Administrative
Sec. 3.01. Village Manager.
Sec. 3.02. Appointment; removal; compensation.
Sec. 3.03. Powers and duties of the Village Manager.
Sec. 3.04. Village Clerk.
Sec. 3.05. Village Attorney.
Sec. 3.06. Village code of administrative regulations.
Sec. 3.07. Expenditure of Village funds.
Sec. 3.08. Competitive bid requirement.
Sec. 3.09. Removal of Council Appointees.
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Article IV. Legislative
Sec. 4.01. Council meeting procedure.
Sec. 4.02. Prohibitions.
Sec. 4.03. Action requiring an ordinance.
Sec. 4.04. Emergency ordinances.
Sec. 4.05. Annual budget adoption.
Sec. 4.06. Fiscal year.
Sec. 4.07. Appropriation amendments during the fiscal year.
Sec. 4.08. Authentication, recording and disposition of ordinances; resolutions and charter
amendments.
Sec. 4.09. Tax levy.
Sec. 4.10. Borrowing.
Sec. 4.11. Revenue Sharing.
Sec. 4.12. Village Board .
Sec. 4.13. Village Code, ordinances and resolutions.
Sec. 4.14. Special Assessments.
Article V. Elections
Sec. 5.01. Elections.
Sec. 5.02. Initiative and referendum.
Sec. 5.03. Form of ballots.
Article VI. Charter Amendments
Sec. 6.01. Charter Amendments.
Sec. 6.02. Procedure to amend.
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Sec. 6.03. Form of ballot.
Article VII. General Provisions
Sec. 7.01. No casino gambling.
Sec. 7.02. Severability.
Sec. 7.03. Conflicts of interest; ethical standards.
Sec. 7.04. Village personnel system; merit principle.
Sec. 7.05. Grants and Charitable charitable contributions.
Sec. 7.06. Charter revision.
Sec. 7.07. Variation of pronouns; singular/plural.
Article VIII. Transition Provisions
Sec. 8.01. Temporary nature of Article.
Sec. 8.04. Taxes and fees.
Sec. . 8.08. Transition provisions to facilitate change
to two-year terms; five -member Council; Seats.
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ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT,
BOUNDARY AND POWERS
Section 1.01. Corporate existence.
A municipal corporation known as Village of Key Biscayne (the "Village") is hereby created
pursuant to the Constitution of the State of Florida (the "State") and the Home Rule Charter of
Metropolitan Dade County (the "County"). The corporate existence of the Village shall commence
upon the adoption of this Charter (the or this "Charter").
(Res. No. 97-15, 4-1-97/6-10-97)
Section 1.02. Form of government.
The Village shall have a "Council -Manager" form of government.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 1.03. Corporate boundary/MAP.
The corporate boundary of the Village shall be as follows:
BEGIN at the point of intersection of the West line of Crandon Boulevard with the South line
of Crandon Park, said point of intersection also being the Northeast corner of Tract 1 of
SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY BISCAYNE, DADE
COUNTY, FLORIDA, according to the plat thereof recorded in Plat Book 46 at Page 86 of
the Public Records of Dade County, Florida; thence run Westerly along said South line of
Crandon Park, also being the North line of said Tract 1 and its Westerly extension to a point
in the waters of Biscayne Bay, said point being 1,200 feet Westerly of the most
Northwesterly corner of Tract B of FOURTH ADDITION TO TROPICAL ISLE HOMES
SUBDIVISION, according to the plat thereof recorded in Plat Book 53 at Page 39 of the
Public Records of Dade County, Florida; thence run Southwesterly, to a point in the waters
of Biscayne Bay, said point being the point of intersection with the Southwesterly extension
of the Southeasterly line of Lot 7 in Block 1 of MASHTA POINT SUBDIVISION, according
to the plat thereof recorded in Plat Book 131 at Page 37 of the Public Records of Dade
County, Florida, s aid p oint o f i ntersection b eing 1,000 feet S outhwesterly o f t he m ost
Southeasterly corner of said Lot 7, as measured along the Southwesterly extension of the
Southeasterly line of said Lot 7; thence run Southeasterly to a point in the waters of Biscayne
Bay, said point being the point of intersection of the Southwesterly extension of the
Southeasterly line of Lot 17 of SMUGGLERS COVE, according to the plat thereof recorded
in Plat Book 78 at Page 83 of the Public Records of Dade County, Florida, with the Westerly
extension of the South line of the Waterway shown on the plat of CANOGA
PROPERTIES —KEY BISCAYNE, FLORIDA, according to the plat thereof recorded in Plat
16
Book 65 at Page 88 of the Public Records of Dade County, Florida; thence run Easterly,
along the South line of said Waterway and its Westerly and Easterly extensions to a point in
the Atlantic Ocean, 500 feet Easterly of the Erosion Control Line as said Erosion Control
Line is shown on the plat thereof recorded in Plat Book 74 at Page 26 of the Public Records
of Dade County, Florida; thence run Northerly along a line 500 feet Easterly of and parallel
to the said Erosion Control Line to the point of intersection with the Easterly extension of
the said South line of Crandon Park; thence run Westerly along the said South line of
Crandon Park and its Easterly extension to the Point of Beginning;
AND
BEGIN at the point of intersection of said South line of Crandon Park with the centerline of
Crandon Boulevard, said centerline of Crandon Boulevard being the centerline of Tract 10
of said plat of SUBDIVISION OF A PORTION OF MATHESON ESTATE, KEY
BISCAYNE, DADE COUNTY, FLORIDA, and its Northeasterly extension; thence run
Westerly along the South Line of Crandon Park for a distance of 400 feet; thence run
Northerly at right angles to the South line of Crandon Park for a distance of 700 feet; thence
run Easterly parallel with the South Line of Crandon Park for a distance of 750 feet more or
less to said centerline of Crandon Boulevard; thence run Southwesterly along said centerline
of Crandon Boulevard for a distance of 783 feet more or less to the South boundary of
Crandon Park and to the POINT OF BEGINNING.
JINSERT MAPI
(Res. No. 97-15, 4-1-97/6-10-97)
Section 1.04. Powers.
The Village shall have all available governmental, corporate and proprietary powers. Through
the adoption of this Charter, it is the intent of the electors of the Village that the municipal
government established herein have the broadest exercise of home rule powers permitted under the
Constitution and laws of the State.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 1.05. Construction.
The powers of the Village shall be construed liberally in favor of the Village.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 1.06. Capitalization.
When a defined word is enclosed in quotes and in parentheses after the definition, that word
shall be treated as a defined term in the remainder of this Charter, when capitalized.
17
(Res. No. 97-15, 4-1-97/6-10-97)
ARTICLE II. VILLAGE COUNCIL; MAYOR*
*Editor's note -Pursuant to Ord. No. 92-18, ' 1, adopted on August 11, 1992, and approved
by the voters on November 3, 1992, the title of article II of the Charter has been changed from
"Village Board of Trustees; Mayor" to "Village Council; Mayor."
(Res. No. 97-15, 4-1-97/6-10-97)
Code reference -Village Council, ' 2-21 et seq.
Section 2.01. Village Council.
There shall be a Village Council (the "Council"), vested with all legislative powers of the
Village , consisting of four (4) embers
(individually. a "Council Member": and collectively, "Council Members") and the Mayor.
References in this Charter to
requires."Elected Officials" shall include the four Council Members and the Mayor.
Individually each is an "Elected Official".
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 2.02. Mayor Mayor.
(a) ayu. Generally. The Mayor shall preside at meetings of the Council; and be a
voting member of the Council7name-committeeraf-the-ecruncif
. The
Mayor shall be recognized as head of Village government for all ceremonial purposes
and for purposes of military law, for service of process, execution of duly authorized
contracts, deeds and other documents, and, with the advice and consent of the
Council, as the Village official designated to represent the Village in all dealings
with other governmental entities. The Mayor shall annually present a state of the
Village message and, after approval of the budget by the Council, an annual
budget message.
Appointment of Village Boards. The Mayor shall appoint all members of Village
boards, agencies and committees ("Village Boards"), subject to and effective
upon ratification by the Council.
(b)
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al Appointment Procedure. Prior to making appointments to any Village
Board, the Mayor, during a Council meeting, shall solicit recommendations
from each Council Member for appointees.
ail
Ratification. The names of the Mayor's appointments shall be included
in the agenda for the next Council meeting at which time ratification
shall be considered.
(iii) Waiver. The procedure for appointment described in paragraphs (i) and
(ii) may be waived by the Council in part or in its entirety in connection
with a particular Village Board.
MI Failure to Appoint. Where the Mayor fails to appoint members of a
Village BoardLthe Council shall appoint the members.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 2.03. Vice Mayor.
Vice -Mayor During the absence or incapacity of the Mayor, the Vice Mayor shall have all
the powers, authority, duties and responsibilities of the Mayor. At the first Council meeting after
each regular Village election, or in any calendar year in which there is no regular Village election,
at the first Council meeting in the month of November of such year, the Council shall elect one (1)
of its members as Vice Mayor.
• 1\V•
, i,
.
Section 2.04. Election and term of office; Seats.;
,Election and term of office. Each Elected
Official shall be elected at -large for a two (2) year term by the electors of the
Village in the manner provided in Article V of this Charter. The -Mayor shati-be
No person may serve as Council
Member, as Mayor, or as any combination of Mayor and Council Member; for more
than eight (8) consecutive years.
(b. Seats. Council Members shall serve in seats numbered 1-4 (individually, a
"Seat"; collectively. "Seats"). One Council Member shall be elected to each
Seat.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
19
Section 2:04 ;.05. Qualifications.
Candidates for Council Member or Mayor shall qualify for election by the filing of a written
notice of candidacy with the Clerk ofthe-Vitiage, specifying which Seat or office they seek, at such
time and in such manner as may be prescribed by ordinance and payment to the Village Clerk of the
sum of one hundred dollars ($100.00) as a qualifying fee. A candidate for Mayor may not be a
candidate for Council Member in the same election. Only electors of the Village who have resided
continuously and have been a registered voter in the Village for at least one (1) year preceding the
date of such filing shall be eligible to hold the office of Council Member or Mayor. If at the
conclusion of the qualifying period no elector has filed or qualified for a particular Seat, then
the qualifying period for that Seat shall be reopened for a period of five business days.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 2705 2.06. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The office of an Elected Official shall become
vacant upon his/her death, resignation, removal from office in any manner authorized by law,
or forfeiture of his/her office.
(b) Forfeiture of office.
(i) Forfeiture by disqualification. An Elected Official shall forfeit
his/her office if at any time during his/her term s/he ceases to maintain his/her
permanent residence in the Village or otherwise ceases, without good cause, to be a
qualified elector of the Village.
(ii) Forfeiture by absence. An Elected Official shall be subject to
forfeiture of his/her office, in the discretion of the remaining Council , if
s/he is absent without good cause from any three (3) regular monthly meetings of the
Council ("Regular Meetings") during any calendar year, or if s/he is absent without
good cause from any three (3), consecutive Regular Meetings ' , whether
or not during the same calendar year.
(iii) Procedures.The Council shall be the sole judge of the qualifications of its members
and shall hear all questions relating to forfeiture of lin Elected
Official'A office, including whether or not good cause for absence has been or may
be established. The burden of establishing good cause shall be on the Council
Member Elected Official in question; provided, however, that any cr
Elected Official may at any time during any duly held meeting move to establish
good cause for the absence of him/herself or any other Elected
Official, from any past, present or future meeting(s), which motion, if carried, shall
be conclusive. An Elected Official whose qualifications are in
question or who is otherwise subject to forfeiture of his/her office shall not vote on
20
any such matters. The Cote Elected Official in question shall be entitled
to a public hearing(s) before the Council on request. If a public hearing is requested,
notice thereof shall be published in one (1) or more newspapers of general circulation
in the Village at least one (1) week in advance of the hearing. Any final
determination by the Council that an E lected 0 facial has
forfeited his/her office shall be made by resolution. All votes and other acts of the
Elected Official in question prior to the effective date of such
resolution shall be valid regardless of the grounds of forfeiture.
(c) Filling of vacancies. A vacancy on the Council shall be filled as
follows:
(i)
If a Council Member's office becomes vacant
and less than six (6) months remain in the unexpired term, the vacancy shall be filled
by the Council. If the vacancy occurs in the office of Mayor and less than six (6)
months remain in the unexpired term, the vacancy shall be filled by vote of the
Council from among its members.
(ii) If one (1) year or more remains in the unexpired term, the vacancy shall be filled by
a special election to be held not sooner than thirty (30) days or more than ninety (90)
days following the occurrence of the vacancy.
(iii) If six (6) months or more but less than one (1) year remain, the vacancy shall be filled
by the Council as provided for in paragraph (i) of this subsection (c) unless there is
a Village, County, State or a national election scheduled to take place on any date(s)
within such period, in which case the vacancy shall be filled by special election on
the first such election date.
(iv) If there is no qualified candidate for any vacancy in any election, the Council shall
appoint a person qualified under this Article for the vacancy.
(v) Notwithstanding any quorum requirements established herein, if at any time the full
membership of the Council is reduced to less than a quorum, the remaining members
may, by majority vote, appoint additional members to the extent otherwise permitted
or required under this subsection (c).
(vi) In the event that all the members of the Council are removed by death, disability,
recall, forfeiture of office and/or resignation, the Governor shall appoint BA interim
Council which, shall call a special election within not less than thirty
(30) days or more than sixty (60) days after such appointment and such election shall
be held in t he s ame m anner a s t he first e lections u nder t his C harter; p rovided,
however, that if there are less than six (6) months remaining in the unexpired terms,
the interim Council appointed by the Governor shall serve out the unexpired terms.
21
Appointees must meet all requirements for candidates provided for in the second to
last sentence of Section 2704 2.05.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 1:06 2.07. Recall.
The electors of the Village shall have the power to recall and to remove any Elected Official
from office to the extent permitted by the Constitution and laws
of the State. The minimum number of electors of the Village which shall be required to initiate a
recall petition shall be ten percent (10%) of the total number of electors of the Village as of the
preceding Village election.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 1:07 2.08. No compensation; reimbursement for expenses.
Elected Officials shall serve without compensation
but shall receive reimbursement for authorized expenses incurred in the performance of their
official duties in accordance with applicable law, or as may be otherwise provided by ordinance; for
•
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
ARTICLE III. ADMINISTRATIVE*
*Code reference --Administration, ch. 2.
Section 3.01. Village Manager.
There shall be a Village Manager (the "Manager") who shall be the chief administrative
officer of the Village. The Manager shall be responsible to the Council for the administration of all
Village affairs.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 3.02. Appointment; removal; compensation.
The Council shall appoint the Manager for an indefinite term. The Council may remove the
Manager as provided in'Sectianr3. )9 this Article. The compensation of the Manager shall be fixed
by the Council.
22
(2) Direct and supervise the administration of all departments and offices but not Village
boards-1:yr agencies Boards, unless so directed by the Council from time to time;
Attend all Council meetings except when excused by the Council and shall
participate in discussion but not have the right to vote;
(4) See that all laws, provisions of this Charter and acts of the Council, subject to
enforcement and/or administration by him/her or by officers employees subject to
his/her direction and supervision ("Employees"), are faithfully executed;
Prepare the Council's proposed annual budget and
capital program. with due input from the Council;
(6) Submit to the Council and make available to the public an annual report on the
finances and administrative activities of the Village as of the end of each fiscal year;
(7)
Prepare such other reports as the Council may require concerning the operations of
Village Boards, departments; and offices, and -agencies;
(8) Keep the Council fully advised as to the financial condition and future needs of the
Village and make such recommendations to the Council concerning the affairs of the
Village as s/he deems to be in the best interests of the Village;
Execute contracts, deeds and other documents on behalf of the Village as authorized
by the Council; and
(10) Perform such other duties as are specified in this Charter or as may be required by the
Council.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 3.04. Village Clerk.
(9)
(Ord. No. 92-18. ' 1.8-11-92/ 11-3-92: Res. No. 97-15. 4-1-97/6-10-97)
Section 3.03. Powers and duties of the image Manager.
The Manager shall:
(1) Be responsible for the appointment, supervision and removal of all Village
employees;
(3)
(5)
The Council shall appoint a Village Clerk (the "Clerk") for an indefinite
term. The compensation of the Clerk shall be fixed by the Council. The Clerk shall give notice of
23
Council meetings to its members and the public, shall keep minutes of its proceedings which shall
be a public record and shall perform such other duties as the Council may prescribe from time to
time. The Clerk shall report to the Council and may be removed by the Council as provided in
Sectiotr 37039 this Article.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 3.05. Village Attorney.
The Council may from time to time appoint an individual attorney or a law firm to act as the
Village Attorney (the "Village Attorney") under such terms and conditions as are consistent with this
Charter and as may be established by the Council. The Village Attorney shall report to the Council
and may be removed by the Council at any time.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 3.06. Village code of administrative regulations.
The manager Manager shall maintain a Village code of administrative regulations. The
council Council shall, by ordinance, establish appropriate procedures for reasonable notice and
public comment on proposed administrative regulations prior to taking final action on the same.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 3.07. Expenditure of Village funds.
Generally. No funds of the Village shall be expended except pursuant to duly approved
appropriations.
Communications Expenditures. Where a resolution or ordinance has been adopted
pursuant to Sections 5.02 or 6.02setting an election, and the Council approves an
expenditure of funds ("Communication Expenditure") to inform the public of its
position with respect to a particular ballot question ("Majority Position") via mailings,
advertising, web pages or the like (each, a "Communication"), that Communication
shall also inform the public of any minority position(s) of the Council ("Minority
Position"). The Elected Officials voting for Minority Position(s) may form a committee
for each Minority Position, comprised solely of those Elected Officials who hold that
Minority Position ("Minority Position Committee"). The content of the
Communication relating to each Minority Position ("Minority Position
Communication"), if any, shall be determined by the Minority Position Committee
representing that Minority Position. The resolution authorizing the Communication
Expenditure shall specify the type of Communication and the date the Minority
Position Communication shall be completed and submitted to the Manager for
inclusion in the Communication. All Communications shall present the Majority
to
o2)
24
Position and Minority Position(s) in substantially the same fashion in terms of size,
color, type, length and other physical characteristics, except that, in the event that one
or more Minority Position Committee(s) elects not to include a Minority Position
Communication, the Communication shall contain the Majority Position, other
Minority Position Communication(s), if any, and a statement that one or more Minority
Position Committee(s) did not elect to include a Minority Position in the
Communication. The Minority Position Committee(s) created by operation of this
Section shall sunset upon the date the Communication is effected.
Capital Projects. The Council may authorize expenditures for: (i) the acquisition,
construction, renovation, or improvement of public buildings or facilities; (ii) purchase
of land; or (iii) the purchase of equipment. Each of the categories i, ii and iii,
irrespective of cost, is a "Capital Project". A resolution or ordinance, as required,
approving a Capital Project shall contain at a minimum a description and the projected
cost of the Capital Project and be specifically labeled "Capital Project Authorizing
Resolution or Ordinance" ("Capital Project Legislation").
(Res. No. 97-15, 4-1-97/6-10-97)
Section 3.08. Competitive bid requirement.
Except as otherwise provided by law or ordinance, contracts for public improvements and
purchases of supplies, materials or services shall be awarded or made on the basis of specifications
and competitive bids, except in cases where the Council determines that it is impracticable to do so.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 3.09. Removal of Council Appointees.
The Village Manager and the Village Clerk (eachs is a "Council Appointee") may be
suspended with pay pending removal by a resolution which shall set forth the reasons for suspension
and proposed removal. A copy of such resolution shall be served immediately upon the affected
Council Appointee. The affected Council Appointee shall have fifteen (15) days in which to reply
thereto in writing, and upon request, shall be afforded a public hearing before the Council, which
shall occur not earlier than ten (10) days nor later than 15 days after such hearing is requested, and
after full consideration, the Village Council may adopt a final resolution of removal. The affected
Council Appointee shall continue to receive full compensation until the effective date of a final
resolution of removal.
(Res. No. 97-15, 4-1-97/6-10-97)
25
ARTICLE IV. LEGISLATIVE
Section 4.01. Council meeting procedure.
(a) Meetings. The Council shall hold at least eleven (11) Regular
Meetings in each calendar year, at such times and places as the Council may prescribe by
rul . Special meetings may be held on the call of the Mayor or by four
(- three (3) Council Members and upon no less than twenty-four (24)
hours' notice to each member Elected Official and the public, or such shorter time as a
majority of the Council shall deem necessary in case of an emergency affecting life, health,
property or the public peace.
(b) Rules and minutes. The Council shall determine its own rules of procedure and order of
business and shall keep minutes open for public inspection.
(c) Quorum and voting. Any three (3) Elected Officials shall
constitute a quorum but a smaller number may adjourn from time to time and may compel
the attendance of absent members Elected Officials in a manner and subject to the penalties
prescribed by the rules of the Council. Voting on ordinances and resolutions shall be by roll
call on final action and shall be recorded in the minutes. Except as otherwise specially
provided in this Charter, no action of the Council shall be valid or binding unless adopted
by the affirmative votes of at least three (3) Elected Officials.
In the event that four -(4) three (3) or more Elected Officials are
ineligible to vote on a particular matter due to required abstention pursuant to Florida law,
then the remaining Elected Officials may vote and approve such
matter by unanimous vote.
(d) Meeting time limits. No meeting of the Council shall extend later than 11:00 p.m. except
upon the affirmative vote of four (4) Elected Officials, or if less
than four (4) Elected Officials are present, upon the unanimous
vote of all eonneiFtvlembers Elected Officials present at the meeting.
(Ord. No. 92-17, ' 1, 8-11-92/11-3-92; Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-
97/6-10-97)
Section 4.02. Prohibitions.
(a) Appozat.ne.zt[s] Jmployment and i v;.nv vcsa removal. Neither the Council nor any of -its
members Elected Officials shall in any manner dictate the appointment or removal of any
Village-admimstrative-offteers-or employeesemployees whom the Manager or any of his/her
subordinates is empowered to appoint employ, but the Council And each Elected Official
may express its views and fully and freely discuss with the Manager anything pertaining to
appointment employment and removal of such Employees.
26
(b)
Interference with administration. Except for the purpose of inquiries and investigations made
in good faith, the Council oritsmembers and each Elected Official shall deal with Village
Employees who are subject to the direction and supervision of the
Manager solely through the Manager, and neither the Council nor its -members any Elected
Official shall give orders to any such of Employee, either publicly or
privately. It is the express intent of this Charter that recommendations for improvement in
Village government operations by ' Elected Officials be made
solely to and through the Manager. No individual Council -Member Elected Official shall
give orders to the Manager.
(c) Holding other office. No Elected Official shall hold any appointive
Village office or employment while in office. No former Elected,
Official shall hold any compensated appointive Village office or employment until one (1)
year after the expiration of his/her term.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 4.03. Action requiring an ordinance.
In addition to other acts required by law or by specific provision of this Charter to be effected
or authorized by ordinance, those acts of the Village Council shall be by ordinance which:
(1) Adopt or amend an administrative regulation or establish, alter or abolish any
Village office; Board, department, or office;
(2) Establish a rule or regulation the violation of which carries a penalty;
(3) Levy taxes or appropriate funds;
(4) Grant, renew or extend a franchise;
(5) Set service or user charges for municipal services or grant administrative authority
to set such charges;
(6) Authorize the borrowing of money;
(7) Convey or lease or authorize by administrative action the conveyance or lease of
any lands of owned by the Village; or
(8) Amend or repeal any ordinance previously adopted, except as otherwise provided in
this Charter: or
27
al Approve a Capital Project in excess of $500.000. When an ordinance
..
•
. ..
reading, notice of the date and time of the second reading shall be provided
("Second Reading Notice"). The Second Reading Notice shall include a brief
description of the Capital Project and its cost and shall be published in addition
to and contemporaneously with notices regularly published for second readings.
Each Village elector shall be sent a Second Reading Notice by postcard. Action
taken by the Council on a Capital Project shall not be voided by the failure of
an individual Village elector to receive a Second Reading Notice postcard.;
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 4.04. Emergency ordinances.
(a) Authorization; form. To meet a public emergency affecting life, health, property or the public
peace, the Council may adopt, in the manner provided in this Section, one or more
emergency ordinances, but such ordinances may not: levy taxes; grant, renew or extend any
municipal franchise; set service or user charges for any municipal services; or authorize the
borrowing of money except as provided under the emergency appropriations provisions of
this Charter if applicable. An emergency ordinance shall be introduced in the form and
manner prescribed for ordinances generally, except that it shall be plainly designated in a
preamble as an emergency ordinance and shall contain, after the enacting clause, a
declaration stating that an emergency exists and describing it in clear and specific terms.
(b) Procedure. An emergency ordinance may be adopted with or without amendment or rejected
at the meeting at which it is introduced. After its adoption, the ordinance shall be published
and printed as prescribed for other ordinances.
(c) Effective date. Emergency ordinances shall become effective upon adoption or at such other
date as may be specified in the ordinance.
(d) Repeal. Every emergency ordinance except emergency appropriation ordinances shall
automatically be repealed as of the sixty-first (61st) day following its effective date, but this
shall not prevent re-enactment of the ordinance under regular procedures, or if the emergency
still exists, in the manner specified in this Section. An emergency ordinance may also be
repealed by adoption of a repealing ordinance in the same manner specified in this Section
for adoption of emergency ordinances.
(e) Emergency appropriations. The Council may make emergency appropriations in the manner
provided in this Section. To the extent that there are no available unappropriated revenues
to meet such appropriations, the Council may by such emergency ordinance (without regard
to Section 4.10) authorize the issuance of emergency notes, which may be renewed from time
to time, but the emergency notes, including renewals thereof, shall be payable not later than
the last day o f t he fiscal y ear n ext s ucceeding t he fiscal y ear i n w hich t he e mergency
28
appropriation ordinance was originally adopted.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 4.05. Annual budget adoption.
(a) Balanced budget. Each annual budget adopted by the Council shall be a balanced budget.
(b) Budget adoption. The Council shall by ordinance adopt the annual budget on or before the
last day of September of each year. If it fails to adopt the annual budget by this date, the
Council may by resolution direct that the amounts appropriated for current operations for the
then ending fiscal year be deemed appropriate for the ensuing fiscal year for a period of
fifteen (15) days and may be renewed by resolution each fifteen (15) days, with all items in
it prorated accordingly, until such time as the Council adopts an annual budget for the
ensuing fiscal year. An ordinance adopting an annual budget shall constitute appropriations
of the amounts specified therein.
(c) Specific appropriation. The budget shall be specific as to the nature of each category of
appropriations therein. Reasonable appropriations may be made for contingencies, but only
within defined spending categories. The Village Manager may at any time, transfer any
unencumbered appropriation balance or portion thereof between classifications of
expenditures within an office or department.
(d) Deferred compensation; pensions. Contributions to pension and other deferred compensation
plans or arrangements for es Employees may be made under such terms and
conditions as the Council may establish from time to time in accordance with sound actuarial
principles.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 4.06. Fiscal year.
The fiscal year of the Village government shall begin on the first (1st) day of October and
shall end on the last day of September of the following calendar year. Such fiscal year shall also
constitute the annual budget and accounting year.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 4.07. Appropriation amendments during the fiscal year.
(a) Supplemental appropriations. If, during any fiscal year, revenues in excess of those estimated
in the annual budget are available for appropriation, the Council may by ordinance make
supplemental appropriations for the fiscal year up to the amount of such excess.
29
(b) Reduction of appropriations. If, at any time during the fiscal year, it appears probable to the
Manager that the revenues available will be insufficient to meet the amounts appropriated,
s/he shall report to the Council without delay, indicating the estimated amount of the deficit,
and his/her recommendations as to the remedial action to be taken. The Council shall then
take such action as it deems appropriate to prevent any deficit spending not covered by
adequate reserves.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 4.08. Authentication, recording and disposition of ordinances; resolutions and charter
amendments.
(a) Authentication. The Mayor or the Clerk shall authenticate by his/her signature all ordinances
and resolutions adopted by the Council. In addition, when charter Charter amendments have
been approved by the electors, the Mayor and the Clerk shall authenticate by their signatures
the charter amendment, such authentication to reflect the approval of the charter Charter
amendment by the electorate.
(b) Recording.The Clerk shall keep properly indexed books in which shall be recorded, in full,
all ordinances and resolutions passed by the Council. Ordinances shall, at the direction of the
Council, be periodically codified. The Clerk shall also maintain the Vi e Charter in current
form and shall enter all charter Charter amendments.
(c) Printing. The Council shall, by ordinance, establish procedures for making all resolutions,
ordinances, technical codes adopted by reference, and this Charter available
theAtiflage for public inspection and available for purchase at a reasonable price.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 4.09. Tax levy.
The Village shall have the right to levy, assess and collect all such taxes as are permitted by
law, including without limitation ad valorem, excise, franchise or privilege taxes and taxes on
services and utilities.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 4.10. Borrowing.
(a) Debt Approval. The Village shall incur no Debt unless the incurrence of such Debt
is approved by at least four (4) Elected Officials.
Limits. The total Debt of the Village, including amounts authorized but still not
drawn down under existing loan agreements and other contractual arrangements with
(b)
30
banks and other financial institutions, underwriters, brokers and/or intermediaries,
shall not exceed the greater of:
iiZ one percent (1%) of the total assessed value of all property within the Village,
as certified by the Miami -Dade County Property Appraiser for the current
fiscal year; or
fill!) that amount which would cause annual Debt Service to equal fifteen percent
(15%) of General Fund expenditures for the previous fiscal year.
(c) IL Definitions. A s used i n t his Section 4.10 the following terms s hall have the
meanings ascribed to them in this subsection.
i- "Debt" means any obligation of the Village to repay borrowed money
however evidenced since the date of its incorporation regardless of tenor or
term for which it was originally contracted or subsequently converted through
refinancing or novation, except (A) any obligation required to be repaid in
less than a year and which was incurred solely for emergency relief of natural
disasters, or (B) that portion of any obligation for operations which are
financed and operated in an independent, self-liquidating manner and
recovered entirely through currently collected user fees and charges.
ii -iii) "Debt Service" shall include, without limitation thereto, scheduled interest
payments, repayments of principal and all financial fees arising from Debt or
from the underlying contractual obligations, whether as originally incurred
or subsequently deferred or otherwise renegotiated.
iir.(iii) "General Fund" shall mean any and all revenues of the Village, from whatever source
derived, e xcept t hose r evenues d erived from s pecial a ssessments, u ser fees and
charges and designated as a separate fund to finance goods and services to the public.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97) [Note: Ord./Res. Nos. need
to be added]
Section 4.11. Revenue Sharing.
No funds of the Village shall be paid to the County or other governmental entity pursuant to
a revenue distribution or "revenue sharing" program.
(Res. No. 97-15, 4-1-97/6-10-97)
31
Section 4.12. Village Boards.
The Council shall establish or terminate such b Village Boards as it may
deem advisable from time to time. Village Boards shall report to the
Council.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 4.13. Village Code, ordinances and resolutions.
Except as otherwise modified or replaced by this Charter or by the Village Council, all codes,
ordinances and resolutions of the Village and of Metropolitan Miami -Dade County, as applicable
to the Village, which County and Village Codes, ordinances and resolutions are in effect as of April
May 1, 1997 2002, shall remain in force and effect as municipal codes, ordinances and resolutions
of the Village.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 4.14. Special Assessments.
Properties may be specially assessed according to law; however, no properties shall be
specially assessed by the Village, unless:
(a) A majority of the owners of the properties to be specially assessed petition the
Village for a special assessment, or
(b) An election of the property owners to be specially assessed is held to approve the
special assessment and a majority of the property owners voting, one (1) vote per
property, orra vote in favor of the proposed special assessment vote-itrits-favor.
(Res. No. 2000-11,' 4, 3-14-00/5-16-00)
ARTICLE V. ELECTIONS
Section 5.01. Elections.
(a) Electors.Any person who is a resident of the Village, has qualified as an elector of the State
and registers to vote in the manner prescribed by law shall be an elector of the Village.
(b) Nonpartisan elections. All elections for the offices of eouneihnember Council Member and
Mayor shall be conducted on a nonpartisan basis.
32
(c) Election dates.
giate. An election shall be held in
November of each even -numbered year, on the same day U.S. congressional elections are
held, or if none are held in any year, on the first Tuesday following the first Monday of said
morttirand November of that year.
(d) mwy election Election. The ballot for the primary election shall contain the names of all
qualified candidates for Mayor and for
each of the four (4) Seats, and shall
instruct electors to cast one (1) vote for Mayor and
one (1) vote for each Seat. If any candidate
for Mayor receives greater than fifty percent (50%) of the
ballots cast for Mayor, such candidate shall be ,
votes duly elected Mayor. If any candidate for a Seat receives greater than fifty percent
(50%) of the ballots cast for that Seat, such candidate(s) shall be duly
elected to that Seat. If no candidate receives greater than fifty percent (50%) of the
ballots cast for Mayor ,-at
candidates for Mayor who received the
the two (2)
,
... . M1. 1
,
,
•
, , .+__»•_
greatest number of
ballots cast shall be included in a runoff election. If no candidate for a Seat receives
greater than fifty percent (50%) of the ballots cast for that Seat the two (2) candidates
who received the greatest number of ballots cast for that Seat shall be included in a
runoff election for that Seat.
()(ti Special elections. Special elections, when required, shall be scheduled by the Council at such
times and in such manner as shall be consistent with this Charter.
(OW Runoff election. If
,
33
apply a runoff election is necessary. it shall be held two (2) weeks after the election held
pursuant to subsection (c) of this Section. The candidate receiving the greatest number
of ballots cast in the runoff election for Mayor shall be duly elected Mayor. The
candidate receiving the greatest number of ballots cast for each Seat shall be duly
elected to that Seat. If a tie vote occurs in the regular runoff election between two (2) or
more candidates for either the office of Mayor or a Seat, the tie shall be
decided by lot under the direction of the Vill . Clerk.
...
1
Pillage election ballot. Single candidates. No election for Mayor or for any Seat shall be
required in any election if there is only one duly qualified candidate for Mayor or for that
Seat. The duly qualified candidate shall be deemed elected.
Absentee votes. Absentee voting will be permitted as provided by the laws of the State and
under such conditions as may be prescribed by ordinance from time to time; provided,
however, that no ordinance shall limit the right to vote by absentee ballot available under
State law.
Commencement of terms. The term of office of any elected official will commence seven (7)
days following the day of the regular, runoff, or special election at which s/he is elected.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 5.02. Initiative and referendum.
(a) Power to initiate and reconsider ordinances.
(i)
Initiative. The electors of the Village shall have power to propose ordinances to the
Council and, if the Council fails to adopt an ordinance so proposed without any
change in substance, to adopt or reject it at a Village election, provided that such
power shall not extend to the annual budget or any ordinance appropriating money,
levying taxes or setting salaries of . Council
Appointees or Employees. The initiative power shall not be available to propose
an ordinance which delays, prevents. changes the nature of, or otherwise affects
the execution of a Capital Project unless proceedings with respect to the
initiative are commenced within thirty (30) days after the date of adoption of the
Capital Project Legislation.
34
(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,
provided that such power shall not extend to the annual budget or any
ordinance appropriating money, levying taxes or setting salaries of Village
officersor employees Council Appointees or Employees. The referendum
power described in ail paragraph shall not
be available to require reconsideration of an ordinance authorizing a Capital
Project or the issuance of debt unless proceedings with respect to the
referendum are commenced within thirty (30) days after the date of adoption
of the ordinance.
(B) Notwithstanding anything in paragraph (ii)(A) of this subsection (a) to the
contrary, the referendum power shall extend to any ordinance levying ad
valorem taxes, provided that (1) the ordinance increases the millage rate
above five (5) mills, (2) proceedings with respect to the referendum are
commenced within twenty (20) days after the date of adoption of the
ordinance, and (3) all petitions with respect to the referendum are filed within
thirty (30) days after the date of adoption of the ordinance.
(b) Commencement of proceedings. A minimum of ten -(10) forty (40) electors may commence
initiative or referendum proceedings by LO filing with the Clerk or other official designated
by the Council an affidavit stating they will constitute the petitioners' committee and be
responsible for circulating the petition and filing it in proper form; ("Petitioners'
Committee"), (ii) stating their names and addresses and specifying the address to which all
notices to the commiftee Petitioners' Committee are to be sent, and (iii), setting out in full
the proposed initiative ordinance or citing the ordinance sought to be reconsidered. In
addition, the Petitioners' Committee shall submit the petition form to be used, which
shall contain a brief description summarizing the proposed initiative ordinance or the
ordinance sought to be reconsidered in Main language, and an unexecuted affidavit of
circulator, prepared pursuant to paragraph (iii) of subsection (c). Promptly after the
affidavit of the Petitioners' Committee, the form of petition, and
the unexecuted affidavit of circulator (collectively "Documentation") are filed, the Clerk
or other official designated by the Council mayr
petitioneris-proposed-ordinanee-forrevievrshall submit the Documentation to the Village
Attorney for review, at the Village's expense, as to legal sufficiency by jind legality of
subject matter. If the Documentation is determined to be legally sufficient and of
lawful subject matter, the Village Attorney armor Shall, within ten business days of the
Village Attorney's receipt of the Documentation, so advise the Clerk ("Legal
,Sufficiency Notice") who shall issue the appropriate petition blanks to the petitioners`
Petitioners' Committee.
35
L determination of legal insufficiency. if the Documentation is determined to be
ii
•
. �._ _ t 7•
• . .•
Village Attorney'
the spirit and intent of the proposed initiative or referendum ("Proposed
Revisions"), which the Clerk shall transmit to the Petitioners' Committee. If the
Petitioners' Committee accepts the Pr
.
•
.
.
v
..
•
.
..
1
incorporated into the Documentation, and the Documentation thus amended
shall replace the initially proposed Documentation. The Clerk shall then issue
the appropriate petition blanks to the Petitioners' Committee. If the
Petitioners' Committee does not accept the corrections within ten business days,
the Petitioners' Committee may redraft the Documentation, re -commence the
proceedings, and file all Documentation with the Clerk in accordance with
subsection (b) of this Section.
Determination of unlawful subject matter. In the event the subject matter of the
petition is determined to be unlawful, the Village Attorney shall. within ten
business days of receipt of the Documentation, issue an opinion addressed to the
Petitioners' Committee setting forth the reasons for such determination and
advising that the petition will not be processed further and that the petition
blanks will not be issued.
(c) Petitions.
(i)
Number of signatures. Initiative and referendum petitions must be signed by electors
of the Village equal in number to at least ten fifteen percent (1-05011,5.al of the total
number of electors registered to vote at the last regular Village election.
(ii) Form and content. All papers of a petition shall be assembled as one instrument of
for filing. Each signature shall be executed in ink and shall be followed by the
printed name and address of the person signing. Petitions shall contain or have
attached thereto throughout their circulation the full text of the ordinance proposed
or sought to be reconsidered. ., as well as a
brief description summarizing such ordinance in plain language.
(iii) Affidavit of circulator.
Upon filing of the petition, each page of the petition that contains one or more
Signatures shall have an affidavit executed by the circulator thereof attached
to it. The affidavit shall state the name of the circulator, that s/he personally
circulated the paper page, the number of signatures thereon on the page, that all the
signatures were affixed in his/her presence, that s/he believes them to be the genuine
signatures of the persons whose names they purport to be, and that each signer had
an opportunity before signing to read the full text of the ordinance proposed or
36
sought to be reconsidered.
(iv) Filing deadline. Except as otherwise provided in paragraph (ii)(B) of subsection (a)
of this Section, all initiative and referendum petitions must be filed within sixty (60)
days of the date
are —commence& the Clerk issues the appropriate petition blanks to the
Petitioners' Committee,
(d) Procedure for filing.
(i) Certificate of Clerk; amendment. Within twenty (20) days after an initiative petition
is filed or within five (5) days after a referendum petition is filed, the Clerk or other
official designated by the Council shall complete a Certificate as to its legal
certificate of sufficiency ("Certificate"), specifying, if it is insufficient, the
particulars wherein it is defective and shall promptly send a copy of the Certificate
to the Petitioners' Committee by certified mail, return receipt
requested(thc "Certificate"). Grounds for insufficiency are only those specified in
subsection (c) of this Section. A petition certified insufficient for lack of the required
number of valid signatures may be amended once if the
Petitioners' Committee files a notice of intention to amend it with the Clerk or other
official designated by the Council within two (2) business days after receiving the
copy of the Certificate and files a supplementary petition upon additional papers
within ten (10) days after receiving the copy of such Certificate. Such supplementary
petition shall comply with the requirements of paragraphs (i) and (ii). and (iii) of
subsection (c) of this Section, and within five (5) days after it is filed the Clerk or
other official designated by the Council shall complete a Certificate as to the legal
sufficiency of the petition as amended and promptly send a copy of such Certificate
to the petitionersLcommittee Petitioners' Committee by certified mail, return receipt
requested, as in the case of an original petition. If a petition or amended petition is
certified sufficient, or if a petition or amended petition is certified insufficient and the
Petitioners' Committee does not elect to amend or request
Council review under paragraph (ii) of this subsection (d) within the time required,
the Clerk or other official designated by the Council shall promptly present his/her
Certificate to the Council and such Certificate shall then be a final determination as
to the sufficiency of the petition.
(ii) Council review. If a petition has been certified insufficient
committee by the Village pursuant to paragraph (i) of this subsection (d), and
the Petitioners' Committee does not file notice of intention to amend it or if an
amended petition has been certified insufficient, pursuant to
paragraph (j) of this subsection (d), the Petitioners' Committee may, within two
(2) business days after receiving the copy of such Certificate, file a request that it be
reviewed by the Council. The Council shall review the Certificate at its next meeting
37
following the filing of such request and approve or disapprove it, and the Council's
determination shall then be a final determination as to the sufficiency of the petition.
(e) Action on petitions.
(i)
Action by Council. When an initiative or referendum petition has been finally
determined sufficient, the Council shall promptly consider the proposed initiative
ordinance or reconsider the referred ordinance by voting its repeal, all in the manner
provided in Article W. The repeal of an ordinance relating to the levy of ad valorem
taxes shall be by resolution. If the Council fails to adopt a proposed initiative
ordinance without any change in substance within forty-five (45) days or fails to
repeal the referred ordinance within thirty (30) days (or, in the case of a referendum
authorized pursuant to paragraph (ii)(B) of subsection (a) of this Section, within five
(5) days after the date on which the petition is determined to be sufficient), it shall
submit the p roposed o r r eferred o rdinance t o t he e lectors o f t he V illage. I f t he
Council fails to act on a proposed initiative ordinance or a referred ordinance within
the time period contained in ihia paragraph (i) Section, the
Council shall be deemed to have failed to adopt the proposed initiative ordinance or
failed to repeal the referred ordinance on the last day that the Council was authorized
to act on such matter.
(ii) Submission to electors. The vote of the Village on a proposed or referred ordinance
shall be held not less than thirty (30) or more than sixty (GO) one hundred twenty
0 20) days from the date the Council acted or was deemed to have acted pursuant to
paragraph (i) o f s ubsection (e) o f t his S ection
If no election is to be held within the period described in this
paragraph, the Council shall provide for a special election, except that the Council
may, in its discretion, provide for a special election at an earlier date within the
described period. Copies of the proposed or referred ordinance shall be made
available at the polls.
(iii) Withdrawal of petitions. An initiative or referendum petition may be withdrawn at
any time prior to the fifteenth (15th) day preceding the day scheduled for a vote of
the Village by filing with the Clerk or other official designated by the Council a
request for withdrawal signed by at least eight -tenths (8/10) of the members of the
Petitioners' Committee. Upon the filing of such request, the
petition shall have no further force or effect and all proceedings thereon shall be
terminated.
(f) Results of election.
(i)
Initiative. If a majority of the qualified electors voting on a proposed initiative
ordinance vote in its favor, it shall be considered adopted upon certification of the
election results. If conflicting ordinances are approved at the same election, the one
38
receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict.
(ii) Referendum. If a majority of the qualified electors voting on a referred ordinance vote
against it, it shall be considered repealed upon certification of the election results.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Ord. No. 97-11, ' 1, 4-8-97/6-10-97; Res. No. 97-15, 4-1-97/6-
10-97) [Note: Ord./Res. Nos. need to be added]
Section 5.03. Form of ballots.
A charter Charter amendment, ordinance or other ballot issue to be voted on by the electors
shall be presented for voting by ballot title. The ballot title of a measure may differ from its legal title
and shall be a clear, concise statement describing the substance of the measure without argument or
prejudice. Below the ballot title shall appear the following question: "Shall the above described
[amendment/ordinance/proposal] be adopted?" Immediately below such question shall appear, in the
following order, the word "YES" and also the word "NO."
(Res. No. 97-15, 4-1-97/6-10-97)
ARTICLE VI. CHARTER AMENDMENTS
Section 6.01. Charter Amendments.
This Charter may be amended in accordance with the provisions of this Article.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 6.02. Procedure to amend.
(a) Initiation. This Charter may be amended in two (2) ways:
(i) By ordinance. The Council may, by ordinance, propose amendments to this Charter
and upon passage of the initiating ordinance shall submit the proposed amendment
to a vote of the electors at the next general election held within the Village or at a
special election called for such purpose.
(ii) By petition. The electors of the Village may propose amendments to this Charter by
petition. Each petition proposing amendments to this Charter shall be commenced,
in the form, filed, certified as to its sufficiency and/or withdrawn in the same manner
as an ordinance proposed by initiative pursuant to Section 5.02. except that the
petitioners' Committee need only collect signatures from ten percent (10%) of
the total number of electors registered to vote at the last regular Village election.
39
(b) Submission to electors. Upon certification of the sufficiency of a petition, the Council shall
submit the proposed amendment to a vote of the electors at the next general election if such
election is scheduled to be held not less than sixty (60) days or more than one hundred twenty
(120) days from the date on which the petition was certified or at a special election called for
such purpose. A special election, if necessary, shall be held not less than sixty (60) days or
more than ninety (90) days from the date on which the petition
was certified sufficient.
(c) Results of election. If a majority of the qualified electors voting on a proposed amendment
vote for its adoption, it shall be considered adopted upon certification of the election results.
If conflicting amendments are adopted at the same election, the one receiving the greatest
number of affirmative votes shall prevail to the extent of such conflict.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 6.03. Form of ballot.
Any charter amendment ballot issue to be voted on by the electors shall be presented on the
ballot in the form required by Section 5.03.
(Res. No. 97-15, 4-1-97/6-10-97)
ARTICLE VII. GENERAL PROVISIONS*
*Code reference —General provisions, ch. 1.
Section 7.01. No casino gambling.
There shall be no casino gambling within the Village; provided, however, that nothing herein
shall prevent religious, educational or charitable organizations from holding occasional events which
feature games of chance which are not otherwise prohibited by State or County law.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 7.02. Severability.
If any section or part of section of this Charter shall be held invalid by a court of competent
jurisdiction, such holding shall not affect the remainder of this Charter or the context in which such
section or part of section so held invalid may appear, except to the extent that an entire section or
part of section may be inseparably connected in meaning and effect with the section or part of section
to which such holding shall directly apply.
40
(Res. No. 97-15, 4-1-97/6-10-97)
Code reference—Severability of Code, ' 1-13.
Section 7.03. Conflicts of interest; ethical standards.
All Elected Officials. Council Appointees, and
Employees of the Village shall be subject to the standards of conduct for public officers and
employees set by law. In addition, the Council may, by ordinance, establish a code of ethics for
i c. its Elected Officials, Council
,
Appointees and Employees.
Without in any way limiting the generality of the foregoing, no
Elected Official shall have a financial interest, direct or indirect, or by reason of ownership of stock
or other equity ownership in any corporation or entity, in any contract or in the sale to the Village
or to a contractor supplying the Village of any land or rights or interests in any land, material,
supplies, or services unless, after full disclosure to the Council of the nature and extent of such
interest, the same is authorized by the Council before the event or accepted and ratified by the
Council after the event. No Elected Official who possesses such a financial
interest shall vote on, or participate in the Council deliberations concerning, any such contract or sale
if such interest is more than a de minimis interest. Any violation of this Section with the knowledge
of the person or entity contracting with the Village shall render the contract voidable by the Council.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Code reference —Village Council, ' 2-21 et seq.
Section 7.04. Village personnel system; merit principle.
All new employments, appointments and promotions of
Employees shall be made pursuant to personnel procedures to be established by the Manager from
time to time. Such personnel procedures shall be based on principles of merit and fitness.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 7.05. Grants and charitable contributions.
The Village shall not make any grants or charitable contribution to any person or entity,
except such grants or contributions as have been approved by 1
affirmative vote of a majority plus one of the entire Council.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
41
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
Council Member and four (4) of whom
shall be electors of the Village.
In the event that the appointed Council Member is unable or unwilling to serve on the Charter
Revision Commission, the Council shall appoint Council
Member an elector of the Village in his/her place. 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 election. Otherwise, the
Council shall, not less than sixty (60) days or more than ninety (90) 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.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 7.07. Variation of pronouns: singular/plural.
All pronouns and any variation thereof used in this Charter shall be deemed to refer to
masculine, feminine, neutral, singular or plural as the identity of the person or persons shall require
and are not intended to describe, interpret, define or limit the scope, extent or intent of this Charter.
When a term is defined, the singular includes the plural. and the plural includes the singular,
as the context requires.
(Res. No. 97-15, 4-1-97/6-10-97)
ARTICLE VIII. TRANSITION PROVISIONS*
*Editor's note —The former sections of the Charter printed in this note, with their history,
have become ineffective and no longer a part of the Charter, pursuant to section 8.01 of the Charter,
since the implementation of each such section has been accomplished. Set out herein are former
sections 8.02, 8.05, 8.06, and 8.07:
42
Section 8.02. Interim governing body.
After adoption of this Charter but prior to the election and acceptance of office of the first
elected Village Council, the governing body for the Village shall be the Dade County Board of
County Commissioners. In acting as the governing body for the Village during this interim period,
the Dade County Board of County Commissioners shall not make decisions which could reasonably
be postponed until the election of the Village board of trustees or which would materially alter or
affect the status quo within the Village boundaries.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92)
Section 8.05. Fiscal year and first budget.
The first fiscal year of the Village shall commence on the effective date of this Charter and
shall end on September 30, 1992. The first budget shall be adopted on or before October 30, 1991.
Section 8.06. Transitional ordinances and resolutions.
The Council shall adopt ordinances and resolutions required to effect the transition.
Ordinances adopted within sixty (60) days after the first Council meeting may be passed as
emergency ordinances. These transitional ordinances shall be effective for no longer than ninety (90)
days after adoption, and thereafter may be readopted, renewed or otherwise continued only in the
manner normally prescribed for ordinances.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92)
Section 8.07. Initial election of Council and Mayor.
(a) Transition. This Section shall apply to all primary and regular elections for Council and
Mayor held on or before December 31, 1996[,] and any conflicting provisions of Section 5.01 shall
not apply to such elections.
(b) Election dates. The first Village primary election shall be held on September 3, 1991.
Primary elections shall also be held in 1993 and 1994 on the day of the second State primary
election, or if none are held in any such year, on the first Tuesday following the first Monday of
October. The first Village regular election shall be held on September 17, 1991. Regular elections
shall also be held in November of 1993 and 1994 on the same day U.S. congressional elections are
held, or if none are held in any year, on the first Tuesday following the first Monday of said month
and year.
(c) 1991 elections. The primary and regular elections in 1991 shall be held pursuant to the
procedures set forth in Section 2.03 and Section 5.01(d) and (e), except as follows:
43
(i) only those candidates will qualify for election who have filed written notice of candidacy
for Council Member or Mayor (but not both) with the Dade County Elections Department, which
notice is received before 5:00 p.m., August 5, 1991[,] and which notice shall:
(A) indicate whether the candidate seeks the office of Council Member or Mayor;
(B) contain the candidate's certification that he is a qualified elector of the State of Florida,
is registered to vote in the Village and has resided continuously within the Village since August 5,
1990;
(C) contain or be accompanied by such other information or statement, if any, as may be
required by the Dade County Elections Department;
(D) be signed by the candidate and duly notarized; and
(E) be accompanied by a check payable to the Dade County Elections Department in the
amount of $100.00;
(ii) there will be six (6), rather than three (3), Council positions to be filled;
(iii) the number of candidates on the regular election ballot will be twelve (12), rather than
six (6); or a lesser number equal to two (2) times the number of Council positions to be filled, if any
candidates were duly elected to the Council in the primary;
(iv) the Mayor will be elected to a two (2) year term expiring in 1993;
(v) the three (3) duly elected Council Members receiving the most votes, respectively, will
be elected to three (3) year terms expiring in 1994; for purposes of this provision, any Council
Member duly elected in the primary will be considered to have received more votes than any Council
Member elected in the regular election; and
(vi) the three (3) remaining duly elected Council Members will be elected to two (2) year
terms expiring in 1993.
(d) 1993 elections. The primary and regular elections in 1993 shall be held pursuant to the
procedures set forth in Section[s] 2.03, 2.04 and Section 5.01(d) and (e), except as follows:
(i) the Mayor will be elected to a three (3) year term expiring in 1996; and
(ii) the three (3) duly elected Council Members will be elected to a three (3) year term
expiring in 1996.
(e) 1994 elections. The primary and regular elections in 1994 shall be held pursuant to the
procedures set forth in Section 2.03 and Section 5.01(d) and (e).
44
in
Maximum terms. Notwithstanding Section 2.03. any Council Member (including
the Mayor) elected i
on the Council, and the Mayor elected in 1991 or 1993 may serve for a maximum of five (5)
consecutive years as Mayor:""
"
• /A\ •
(g) Induction into office. Those candidates who are elected at the first regular election shall
take office at the initial Council meeting, which shall be held at 7 p.m. on September 23, 1991[,] at
the Key Biscayne Elementary School.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 8.01. Temporary nature of Article.
The following sections of this Article are inserted solely for the purpose of effecting the
incorporation of the Village and, the transition to a new municipal government, and the transition
to a five -member Council. two-year terms and Seats for Council Members. Each section of this
Article shall automatically, and without further vote or act of the electors of the Village, become
ineffective and no longer a part of this Charter at such time as the implementation of such section
has been accomplished.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 8.04. Taxes and fees.
Until otherwise modified by the Village Council, all municipal taxes and fees imposed within
the Village boundaries by the County as the municipal government for unincorporated Dade County,
which taxes and fees are in effect on the date of adoption of this Charter, shall continue at the same
rate and on the same conditions as if those taxes and fees had been adopted and assessed by the
Village.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section ' ' .
• ,. n.. ^ -•
I •
1
•
.
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a.vsaaa�.aa9 Kars baaV 1�1s. • V• ra
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45
8.08. Transition
provisions to facilitate change to two-year terms: five -member Council: Seats.
Transition. This Section shall apply to all elections for Council Members held
in 2002. Any conflicting provisions of Sections 2,04 and 5.01 shall not apply to
such elections.
al Seats. Upon approval of the Charter amendments by the electors of the Village,
the title of the various Council positions shall be changed to reflect the
following:
The Council position currently held by Council Member Martha
Fernandez -Leon Broucek shall be deemed to be Seat 1.
ii The Council position currently held by Council Member Mortimer Fried
shall be deemed to be Seat 2.
(iii) The Council position currently held by Council Member James L. Peters
shall be deemed to be Seat 3.
(iv) Seat 4 shall be deemed open and shall not be filled until the conclusion
of the 2002 election.
lc! 2002 Elections. Elections shall be held in 2002 in the manner described in
Section 5.01, except that only Seat 4 shall be filled. The Council Member elected
shall serve a two (2) year term in Seat 4. Thereafter all elections shall be held
pursuant to the procedures set forth in Section 2.04 and Section 5.01.
Section 6. The County registration books shall remain open at the Office of the Miami -Dade
County Supervisor of Elections until June 10, 2002, at which date the registration books shall close
in accordance with the provisions of the general election laws.
Section 7, The Miami -Dade County Supervisor of Elections is hereby authorized to take all
appropriate actions necessary to carry into effect and accomplish the provisions of this Resolution.
Section 8. This special election shall be canvassed by the County Canvassing Board in
accordance with the provisions of the general election laws.
Section 9. That copies of this Resolution and the Report proposing the Charter amendments
are on file in the office of the Village Clerk located at 85 West McIntyre Street, Key Biscayne,
Florida, 33149, and are available for public inspection during regular business hours.
46
Section 10. T hat i f a majority o f t he qualified a lectors voting on a proposed Charter
amendment vote for its adoption, it shall be considered adopted and effective upon certification of
the election results. If conflicting amendments are adopted at the same election, the one receiving
the greatest number of affirmative votes shall prevail to the extent of such conflict.
Section 11. That in the event that some, but not all, of the Charter amendments are approved
by the electors, conforming amendments shall be deemed to be adopted and the Village Attorney is
authorized to revise the Charter, including the provision of transitional provisions, to the extent
necessary to assure that all amendments adopted conform to one another.
Section 12. That each of the Charter amendments which are approved by the electors shall
be applied prospectively only. Further, those Charter amendments proposed in items "2," "5," and
"7" of Section 4 of this Resolution shall be effective in accordance with the transition provisions
related thereto and shall not operate to affect the existing term of office of any Council Member.
Section 13. If amendment item "14" in Section 4 is approved, but amendment item "7" in
Section 4 i s n of a pproved, t he C harter t ext a pplicable t o a mendment "1 4" s hall b e r evised t o
implement the election system reform envisioned by amendment "14," including the elimination of
the primary election, but shall not include provisions concerning seats.
Section 14. That this Resolution shall become effective upon its adoption.
PASSED AND ADOPTED this 16th day of April, 2002.
CONCHITA H. ALVAREZ, CMC, VILLAGE
APPROVED AS TO FORM AND
LEGAL SUFFICIENCY:
RICHARD JAY WEISS, VILLAGE ATTORNEY
103001\resolutions\mail ballot of june 27, 2002 re proposed charter amendments
47
MAYOR JOE I. RASCO