HomeMy Public PortalAbout2002-21 Special Election re_ Approval or Disapproval of Amendments to the Key Biscayne CharterRESOLUTION NO. 2002-21
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 TUESDAY,
JULY 9, 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;
REPEALING AND SUPERCEDING RESOLUTION NO. 2002-
17 ON THE SAME SUBJECT MATTER TO REVISE
ELECTION DATE; 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 is
required 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 Tuesday, the 9th day of July, 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
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publication to be in the third week prior to the election, and shall be in substantially the following
form:
"NOTICE OF SPECIAL ELECTION
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO
THE APRIL 2 002 F INAL R EPORT O F T HE K EY 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
TUESDAY, JULY 9, 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
Projects
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.
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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 [1
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 f o r epresent t he V illage i n d ealings w ith o ther g ovemmental
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.
The total number of consecutive years a Council Member may serve remains
eight years.
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 o ne 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 Village 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. 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' COMMITTEE IN
INITIATIVE, REFERENDUM AND CHARTER 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 [ ]
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18. CREATING PRE -CLEARANCE REQUIREMENT FOR LEGAL SUFFICIENCY OF
INITIATIVE, REFERENDUM AND CHARTER AMENDMENT PETITIONS
The current V illage C harter r equires t hat i nitiative, r eferendum a nd C harter
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
mandatory pre -circulation review by the Village Attorney at 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 r eferendum p etition s hall b e h eld b etween t hirty a nd s ixty d ays a fter t he
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 [ 1
No [ ]
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 1-997 Charter Revision Commission. The following are notes which are
included in the Charter as directed by the -x-997 Charter Revision Commission Commissions of 1997
And 2002.
1. For historical purposes, the Comittcc 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
Paul Auchter, Member
Martha Broucek, Member
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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, 23 amendments
were proposed to the electorate. Of the 23 amendments proposed, were approved by the
electorate on
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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.
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. Mayoras .
Sec. 2.03. Vice Mayor.
Sec. 2.04. Election and term of office: Seats.
Sec. 2.04 2.05. Qualifications.
Sec. 2.05 2.06. Vacancies; forfeiture of office; filling of vacancies.
Sec. 2.06 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.
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Sec. 3.08. Competitive bid requirement.
Sec. 3.09. Removal of Council Appointees.
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 ards.
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.
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Sec. 6.02. Procedure to amend.
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
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
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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.
[INSERT MAPJ
(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.
(Res. No. 97-15, 4-1-97/6-10-97)
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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) members
(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 .
(a) May Generally. The Mayor shall preside at meetings of the Council; and, be a voting
member of the Council,
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.
(b) Appointment Qf 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.
a 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.
(,Z Rat' ication. The names of the Mayor'§ appointments shall be included in the
agenda for the next Council meeting at which time ratification shall be
considered,
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(WI Waiver. The procedurefor appointment described in paragraphs (1) and
(ii) may be waived by the Council in part or in its entirety in connection
with a particular Village Board.
ail Failure to Appoint. Wher
Village Board, the 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.
Viceitfayor: 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,
.
Sectimr 27ea 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.
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)
Section 2104 2.05. Qualifications.
Candidates for Council Member or Mayor shall qualify for election by the filing of a written
notice of candidacy with the Clerk oftheViliage, specifying which Seat or office they seek, at such
time and in such manner as may be prescribed by ordinance and payment to the Viliage 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
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the qualifying period for that Seat shall be reopened for a period (drive business days.
(Ord. No. 92-18, ' 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 2105 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 Members, 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 an Elected
Official 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 eouneif Member
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
any such matters. The 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 lin E lected 0 fficial 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:
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( i ) I f '