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HomeMy Public PortalAbout2001-60 Calling a Special Election re_ Elections _Initiative and Referendum_RESOLUTION NO. 2001-60 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON A PROPOSED AMENDMENT TO THE VILLAGE CHARTER, PURSUANT TO PETITION OF ELECTORS, PROPOSING AMENDMENT OF CHARTER BY AMENDING ARTICLE V "ELECTIONS," BY AMENDING SECTION 5.02 "INITIATIVE AND REFERENDUM," AT SUBSECTION (A) "POWER TO INITIATE AND RECONSIDER ORDINANCES," TO REMOVE THE RESTRICTION WHICH PRESENTLY PROHIBITS THE INITIATIVE AND REFERENDUM POWERS OF THE ELECTORS OF THE VILLAGE FROM APPLYING TO THE CAPITAL PROGRAM OF THE VILLAGE; PROVIDING FOR BALLOT, NOTICE OF SPECIAL ELECTION, AND EFFECTIVE DATE. WHEREAS, pursuant to Village Charter section 6.02(a)(ii), a petition (the "Charter Petition" or the "Petition") has been filed by electors of the Village of Key Biscayne (the "Village") proposing an amendment to the Village Charter, by amending Article V "Elections," by amending Section 5.02 "Initiative and Referendum," at subsection (a) "Power To Initiate and Reconsider Ordinances," to remove the restriction which presently prohibits the initiative and referendum powers of the electors of the Village from applying to the Capital Program of the Village; and WHEREAS, the Charter amendment process was commenced on July 2, 2001; the executed Petition was filed in the office of the Village Clerk on July 16, 2001; the Petition was certified as legally sufficient by the Village Clerk on August 6, 2001; and the Petition was presented to the Village CounciLon August 28, 2001. 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 on Tuesday, the 4th of December, 2001, to present to the electors of the Village of Key Biscayne (the "Village") the ballot question provided in Section 3 of this Resolution in accordance with the Petition. Section 2. That balloting shall be conducted between the hours of 7:00 AM and 7:00 PM at the regular polling places for Village elections. 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 thirty (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 form: NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE PETITION OF ELECTORS AND THE REQUIRED ENABLING RESOLUTION DULY ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, (THE "VILLAGE") A SPECIAL ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON TUESDAY THE 4TH DAY OF DECEMBER, 2001, BETWEEN THE HOURS OF 7:00 AM AND 7:00 PM, AT WHICH TIME THE FOLLOWING PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE. (1) "Title: Initiative and Referendum Power of Electors Concerning the Village's Capital Program The current Village Charter does not permit the initiative and referendum process to be used with respect to the Village's Capital Program. Electors of the Village have petitioned to amend the Charter to remove this restriction. Shall the above described amendment be adopted? [ 1 Yes [ l No" 1 / The form of the Notice of Special Election may be revised by the Village Clerk to include any other Charter amendments to be voted upon at the same election. 2 Polling place information and the full text of the proposed Village Charter amendment and the enabling resolution for this election are available at the Office of the Village Clerk, located at 85 West McIntyre Street, Key Biscayne, Florida 33149. Section 4. That the full text of the proposed Charter amendment, as set forth in the Petition, is to amend the Village Charter by amending Article V "Elections," by amending Section 5.02 "Initiative and Referendum," at subsection (a) "Power To Initiate and Reconsider Ordinances," to read as follows:2 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-eapi or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees. (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 program or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees. The referendum power described in paragraph (ii)(A) of this .. subsection (a) shall not be available to require reconsideration of an ordinance authorizing the issuance of debt unless proceedings with respect to the referendum are commenced within thirty (30) days after the date of adoption of the ordinance. 2 / Proposed deletions from Charter text are shown by strikethrough. 3 Section 5. That copies of this Resolution and the Charter Petition 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. Section 6. That if a majority of the qualified electors voting on the proposed Charter amendment vote for its adoption, it shall be considered adopted and effective upon certification of the election results. Section 7. That this resolution shall become effective upon its adoption. PASSED AND ADOPTED this 12th day of September, 2001. CONCHITA H. ALVAREZ, CMC, VILLAGE C APPROVED AS TO FORM AND LEGAL SUFFI 1 RICHARD JAY WEISS, VILLAGE ATTORNEY 103001\resolutions\ballot notice of special election r 4 MAYOR JOE I. RASCO