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