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HomeMy Public PortalAbout1997-15 Calling for Special Election on Village Charter amendmentsRESOLUTION NO. 97 - 15 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, JUNE 10, 1997, 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 MARCH 7, 1997; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR MAIL BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Dade County Charter Section 5.03 and Village Charter Section 7.06, the Key Biscayne Charter Revision Commission issued its Final Report of March 7, 1997, (the "Report") concerning necessary revisions to the Village Charter and has draftcd 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 Tuesday, the 10th day of June, 1997 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 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 form: NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO THE MARCH 7, 1997 FINAL REPORT OF THE KEY BISCAYNE 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, JUNE 10, 1997, BY MAIL BALLOT, AT WHICH TIME THE FOLLOWING PROPOSITIONS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE: Those certain 25 proposed amendments to the Village Charter as described in the March 7, 1997 Final Report of the Key Biscayne Charter Revision Commission, which proposals are commonly referred to by the following ballot titles: Technical and Stylistic Amendments Insertion of Map of the Village of Key Biscayne Annual Budget Message Councilmember's Forfeiture of Office for Absences During a Calendar Year Councilmember's Forfeiture of Office for Consecutive Absences Mayor's Forfeiture of Office for Absences Within a Calendar Year Filling of Vacancies, In the Office of Mayor Removal Procedure for Village Manager Removal Procedure for Village Clerk Duties of the Manager; Excused Absences from Meetings of the Council Duties of the Manager; Execution of Documents Competitive Bidding Council Meeting Time Limits Elimination of Administrative Regulations Transfer of Appropriations Within an Office or Department Limitations on Revenue Sharing Tie Votes; Primary Election Tie Votes; Regular Election Commencement of Initiative or Referendum Proceedings; Petitioner's Committee Voluntary Review for Legal Sufficiency; Petitions Grants to Require Unanimous Vote Charter Revision Commission Village Code, Ordinances and Resolutions Charter Revision Commission, Submission of Report Debt Cap. Section 4. That the form of ballot for each of the proposed Charter amendments shall be as follows: A. TECHNICAL AND STYLISTIC AMENDMENTS The Charter Revision Commission has recommended that the Charter of the Village of Key Biscayne be amended to reflect non -substantive stylistic and technical changes made for clarity. Shall the above described amendment be adopted? Yes [ ] No [ ] B. INSERTION OF MAP OF THE VILLAGE OF KEY BISCAYNE The Village Charter currently contains only a legal description of the Village. The Charter Revision Commission has recommended that the Charter be amended to include a map showing the boundaries of the Village. Shall the above described amendment be adopted? Yes [ ] No [ ] C. ANNUAL BUDGET MESSAGE The Village Charter currently requires that the Manager prepare an annual budget and that the Mayor present an annual State of the Village message and budget message. The Charter Revision Commission has recommended that the Charter be amended to delete the requirement that the Mayor present an annual Budget Message. Shall the above described amendment be adopted? Yes [ ] No [ ] D. COUNCILMEMBER'S FORFEITURE OF OFFICE FOR ABSENCES DURING A CALENDAR YEAR The Village Charter currently provides that a Council Member's office is subject to forfeiture upon absence, without good cause, from any six (6) regular meetings of the Council during any calendar year. The Charter Revision Commission has recommended that the Charter be amended to provide that a Council Member's office is subject to forfeiture upon absence from three (3) meetings during any calendar year without good cause. Shall the above described amendment be adopted? Yes [ ] No [ ] E. COUNCILMEMBER'S FORFEITURE OF OFFICE FOR CONSECUTIVE ABSENCES The Village Charter currently provides that a Council Member's office is subject to forfeiture upon absence, without good cause, from any four (4) consecutive regular meetings of the Council. The Charter Revision Commission has recommended that the Charter be amended to provide that a Council Member's office is subject to forfeiture upon absence from three (3) consecutive regular meetings of the Council without good cause. Shall the above described amendment be adopted? Yes [ ] No [ ] F. MAYOR'S FORFEITURE OF OFFICE FOR ABSENCES WITHIN A CALENDAR YEAR The Charter currently provides that the Mayor's office is subject to forfeiture upon absence, without good cause, from six (6) regular meetings of the Council during any calendar year. The Charter Revision Commission has recommended that the Village Charter be amended to provide that the Mayor's office is subject to forfeiture upon absences from three (3) regular meetings in a calendar year without good cause. Shall the above described amendment be adopted? Yes [ ] No [ ] 4 G. FILLING OF VACANCIES, IN THE OFFICE OF MAYOR The Charter Revision Commission has recommended that the Charter be amended to provide that a vacancy in the office of Mayor will be filled in the same manner as Council vacancies are filled except that, where the vacancy is filled by appointment, the Council shall appoint the Mayor from among its members. Shall the above described amendment be adopted? Yes No H. REMOVAL PROCEDURE FOR VILLAGE MANAGER The Village Charter currently does not contain a procedure to be followed in the event the Council wishes to terminate the Village Manager. The Charter Revision Commission has recommended that the Charter be amended to provide a specific procedure for removal of the Village Manager including notice and an opportunity to respond in writing and/or orally at a public hearing. Shall the above described amendment be adopted? Yes [ No ( I. REMOVAL PROCEDURE FOR VILLAGE CLERK The Village Charter currently does not contain a procedure to be followed in the event the Council wishes to terminate the Village Clerk. The Charter Revision Commission has recommended that the Charter be amended to provide a specific procedure for removal of the Village Clerk including notice and an opportunity to respond in writing and/or orally at a public hearing. Shall the above described amendment be adopted? Yes [ J No [ 5 J. DUTIES OF THE MANAGER; EXCUSED ABSENCES FROM MEETINGS OF THE COUNCIL The current Village Charter requires the Manager to attend all Council meetings and does not provide for excused absences. The Charter Revision Commission has recommended that the Charter be amended to permit the Council to excuse the Manager from attendance at a meeting. Shall the above described amendment be adopted? Yes [ ] No [ ] K. DUTIES OF THE MANAGER; EXECUTION OF DOCUMENTS The current Village Charter authorizes the Manager to execute contracts and other documents on behalf of the Village only to the extent provided by Ordinance. The Charter Revision Commission has recommended that the Charter be amended to authorize the Manager to execute contracts and other documents as authorized by the Council in any matter. Shall the above described amendment be adopted? Yes [ ] No [ ] L. COMPETITIVE BIDDING The current Village Charter requires that all contracts for public improvements and purchases of supplies be made on the basis of competitive bids except where specifically waived by the Village Council. The Charter Revision Commission has recommended that the Charter be amended to provide that such contracts shall be awarded on the basis of competitive bids except as otherwise provided by law or ordinance. Shall the above described amendment be adopted? Yes [ ] No [ ] 6 M. COUNCIL MEETING TIME LIMITS The Village Charter currently provides that no Council meeting shall extend past midnight, except upon a vote of four Council members present at the meeting. The Charter Revision Commission has recommended that the Charter be amended to prohibit meetings from extending past 11:00 p.m. except upon the affirmative vote of five (5) Council members, or if less than five (5) members are present, upon the unanimous vote. Shall the above described amendment be adopted? Yes [ ] No [ ] N. ELIMINATION OF ADMINISTRATIVE REGULATIONS The current Village Charter requires that the Village adopt a code of administrative regulations. The Charter Revision Commission has recommended that the Charter be amended to delete the requirement that a code of administrative regulations be enacted. Shall the above described amendment be adopted? Yes [ ] No [ ] O. TRANSFER OF APPROPRIATIONS WITHIN AN OFFICE OR DEPARTMENT The current Charter of the Village of Key Biscayne does not contain a provision permitting the Manager to transfer unencumbered funds between classifications of expenditures within an office or department. The Charter Revision Commission has recommended that the Charter be amended to permit the Manager to make transfers of appropriations within an office or a department. Shall the above described amendment be adopted? Yes [ ] No [ ] 7 - P. LIMITATIONS ON REVENUE SHARING The Charter Revision Commission has recommended that the Charter of the Village of Key Biscayne be amended to prohibit the Village from transferring funds to the County or another municipality as part of a "revenue sharing program". Shall the above described amendment be adopted? Yes [ ] No [ ] Q. TIE VOTES; PRIMARY ELECTION The Charter does not contain a provision for resolving a tie vote in a primary election. The Charter Revision Commission has recommended that the Charter be amended to provide that if a tie vote occurs in a primary, that all tied candidates' names be placed on the regular election ballot, notwithstanding that the number of candidates on the ballot will exceed the normal number of two per seat. Shall the above described amendment be adopted? Yes [ ] No [ ] R. TIE VOTES; REGULAR ELECTION The current Village Charter does not provide a provision for resolving a tie vote in a regular election. The Charter Revision Commission has recommended that the Charter be amended to provide that if a tie vote occurs in a regular election between candidates for the office of Mayor or between candidates for Council, the tie vote in either case shall be decided by drawing lots. Shall the above described amendment be adopted? Yes [ ] No [ ] 8 S. COMMENCEMENT OF INITIATIVE OR REFERENDUM PROCEEDINGS; PETITIONER'S COMMITTEE The current Village Charter provides that any ten (10) electors may commence initiative or referendum proceedings and that eight of the ten may withdraw such a petition. The Charter Revision Commission has recommended that the Charter be amended to reflect that a minimum of ten electors may commence a Charter or referendum proceeding and that eight/tenths (8/10) of those electors may withdraw such a petition. Shall the above described amendment be adopted? Yes [ ] No [ ] T. VOLUNTARY REVIEW FOR LEGAL SUFFICIENCY; PETITIONS The Charter Revision Commission has recommended that the Charter of the Village of Key Biscayne be amended to provide that, at the request of a Petitioner's Committee, and at their expense, a petition shall be reviewed for legal sufficiency by the Village Attorney. Shall the above described amendment be adopted? Yes [ ] No [ ] U. GRANTS TO REOUIRE UNANIMOUS VOTE The Charter Revision Commission has recommended that the Charter be amended to require that no grant be made by the Village unless it has been approved by all seven Council members. Shall the above described amendment be adopted? Yes [ ] No [ ] 9 V. CHARTER REVISION COMMISSION The current Charter requires that amendments proposed by the Charter Revision Commission be placed on the ballot no less than thirty days, nor more than sixty days after submission. The Charter Revision Commission has recommended that the Charter be amended to enable the Charter Revision Commission to grant to the Council the option of placing the amendments on the ballot for the next regular scheduled election. Shall the above described amendment be adopted? Yes [ ] No [ ] W. VILLAGE CODE, ORDINANCES AND RESOLUTIONS The current Charter provides that ordinances, codes and resolutions, as applicable to the Village, which were in effect prior to incorporation, remain in effect after incorporation except as modified by the Village. The Charter Revision Commission has recommended that the Charter be amended to provide that ordinances, resolutions and codes in effect as of April 1, 1997 shall be applicable, except as modified by the Village Council. Shall the above described amendment be adopted? Yes [ ] No [ ] X. CHARTER REVISION COMMISSION, SUBMISSION OF REPORT The current Village Charter requires the Council to appoint the Charter Revision Commission in December and the Commission to submit its report within 90 days. The Charter Revision Commission has recommended that the Charter be amended to require the Charter Revision Commission to submit its work by April 1 of the year following appointment. Shall the above described amendment be adopted? Yes [ ] No [ ] - 10 - Y. DEBT CAP The Charter Revision Commission has recommended that the Charter be amended to require that the Village Council enact an ordinance limiting the debt which may be incurred by the Village. Shall the above described amendment be adopted? Yes [ ] No [ ] Section 5. That the full text of the proposed 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: © Copyrighted. Municipal Code Corp., affiliated Municipality. 1995. 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 1997 Charter Revision Commission. 1. For historical purposes, the 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 VAiaacie Charter. The members of the Charter Revision Commission were as follows: Betty Sime, Chair Michael Kahn, Vice Chair Paul Auchter, Member Martha Broucek, Member Ron Drucker, Member The Clerk was Conchita Alvarez 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, were approved by the electorate on 1997. - 12 - 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. Mayor and Vice Mayor. Sec. 2.03. Election and term of office. Sec. 2.04. Qualifications. Sec. 2.05. Vacancies; forfeiture of office; filling of vacancies. Sec. 2.06. Recall. Sec. 2.07. 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. €ce. 3.06. Village code of admini3-trativc rcgulation2. Sec. 3.07 3.06. Expenditure of Village funds. Sec. 3.08 3.07. Competitive bid requirement. Sec. 3.09 3.08. Village board3 and agcncic3. - 13 - 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 boards and agencies. Sec. 4.13. Village Code, Ordinances and Resolutions. 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. Sec. 6.03. Form of ballot. Article VII. General Provisions Sec. 7.01. No casino gambling. - 14 - 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 contributions. Sec. 7.06. Charter revision. Sec. 7.07. Variation of pronouns. Article VIII. Transition Provisions Sec. 8.01. Temporary nature of Article. • Sec. 8.04. Taxes and fees. Sec. 8.07. Initial election of Council and Mayor. ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWERS Section 1.01. Corporate existence. A municipal corporation known as the 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. Section 1.02. Form of government. The Village shall have a "Council -Manager" form of government. Section 1.03. Corporate boundary. 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 - 15 - 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, said point of intersection being 1,000 feet Southwesterly of the most 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 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. - 16 - \ 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. Section 1.05. Construction. The powers of the Village shall be construed liberally in favor of the Village. Section 1.06. Capitalization. When a defined word is enclosed in cxuotes and in parentheses after the definition, that word shall be treated as a defined term in the remainder of this Charter, when capitalized. 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." Code reference --Village Council, § 2-21 et seq. Section 2.01. Village Council. There shall be a Village Council (the "Council") with all legislative powers of the Village vested therein, consisting of six (6) members ("Council Members") and the Mayor. References in this Charter to Council Members shall include the Mayor unless the context otherwise requires. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 2.02. Mayor and Vice Mayor. (a) Mayor. The Mayor shall preside at meetings of the Council, be a voting member of the Council, name committees of the Council and appoint members of the Village boards and agencies with the approval of the Council. The Mayor shall be recognized as head of Village government for all ceremonial - 18 - purposes and for purposes of military law, for service of process, execution of duly authorized contracts, deeds and other documents, and 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 an annual budgct mc33agc. (b) 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. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 2.03. Election and term of office. Each Council Member and the Mayor shall be elected at -large by the electors of the Village in the manner provided in Article V of this Charter. The Mayor shall be elected for a two (2) year term. Each Council Member shall be elected for a four (4) year term. No person shall serve as Mayor for more than two (2) consecutive elected terms, and no person may serve on the Council, or as any combination of Mayor and Council Member, for more than eight (8) consecutive years. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 2.04. Qualifications. Candidates for Council Member or Mayor shall qualify for election by the filing of a written notice of candidacy with the Clerk of the Village 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 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. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 2.05. Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a Council Member or Mayor 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. - 19 - (i) Forfeiture by disqualification. A Council Member 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. A Council Member 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 cix (6) three (3) regular meetings of the Council during any calendar year, or if s/he is absent without good cause from any four (4) , or three (3) a3 to the Mayor, consecutive Regular Meetings of the Council, 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 a Council Member's 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 in question; provided, however, that any Council Member may at any time during any duly held meeting move to establish good cause for the absence of him/herself or any other Council Member, from any past, present or future meeting(s), which motion, if carried, shall be conclusive. A Council Member whose qualifications are in question or who is otherwise subject to forfeiture of his/her office shall not vote on any such matters. The Council Member in question shall be entitled to a public hearing(s) 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 a Council Member has forfeited his/her office shall be made by resolution. All votes and other acts of the Council Member 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 or in the office of Mayor shall be filled as follows: (i) If the vacancy occurs on the Council and -I€ 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, - 20 - 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. complete thc term of Mayor, the vacancy chall be filled in accordance , and thc Council shall thcn appoint a new vice Mayor. (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 interim Council Members who 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 the same manner as the first elections under this Charter; provided, 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. Appointees must meet all requirements for candidates provided for in the last sentence of Section 2.04. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 2.06. Recall. The electors of the Village shall have the power to recall and to remove from office any elected official of the Village 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 (100) of the total number of electors of the Village as of the - 21 - preceding Village election. Section 2.07. No compensation; reimbursement for expenses. Councilmembers (including the Mayor) shall serve without compensation but shall receive reimbursement in accordance with applicable law, or as may be otherwise provided by ordinance, for authorized travel and per diem expenses incurred in the performance of their official duties. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) 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) 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 Section 3.08. at any timc. The compensation of the Manager shall be fixed by the Council. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 3.03. Powers and duties of the Village Manager. The Manager shall: (1) Be responsible for the appointment, supervision and removal of all Village employees; (2) Direct and supervise the administration of all departments and offices but not Village boards or agencies, unless so directed by the Council from time to time; (3) Attend all Council meetings except when excused by the Council and have the right to take part shall - 22 - 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 subject to his/her direction and supervision, are faithfully executed; (5) Prepare and submit to the Council a proposed annual budget and capital program; (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 departments, offices, boards and agencies; (8) Keep the Council fully advised aa..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; (9) Execute contracts, deeds and other documents on behalf of the Village to the cxtent provided by ordinancco; 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) Section 3.04. Village Clerk. The Council shall appoint a Village Clerk (the "Clerk" or "Village Clerk") for an indefinite term. The compensation of the Clerk shall be fixed by the Council. The Clerk shall give notice of Council meetings to its members and the public, shall keep a journal 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 Section 3.08. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) 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 - 23 - consistent with this Charter and as may be established by the Council from time to time. 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) Ccction 3.06. Village codc of adminiotrativc rcgulationa. Thc manager Shall maintain a village cede of a dfinistrativc action on the same. (Ord. No. 92 18, S 1, 8 11 92/11 3 92) Section 3.07 3.06. Expenditure of Village funds. No funds of the Village shall be expended except pursuant to duly approved appropriations. Section 3.0-8 3.07. 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 3pccific lly determines that it is impracticable to do so. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 3.09. Village boards and agencic©. The Council Shall cctablish—or terminate ouch board3 and agcnc-= 3 t :gal} d_cm advi3ablc from time to time. Thc board3 and agcncic3 Shall report to the —Council. Section 3.09 3.08. Removal of Council Appointees. The Village Manager and the Village Clerk {each 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 15 days in which to reply thereto in writing, and upon request, shall be afforded a public hearing, which shall occur not earlier than 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. - 24 - (Ord. No. 92-18, § 1, 8-11-92/11-3-92) ARTICLE IV. LEGISLATIVE Section 4.01. Council meeting procedure. (a) Meetings. The Council shall hold at least eleven (11) regular monthly meetings in each calendar year, at such times and places as the Council may prescribe by rule ("Regular Meetings"). Special meetings may be held on the call of the Mayor or by four (4) members of the Council and upon no less than twenty-four (24) hours' notice to each member 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 journal. The Council shall determine its own rules of procedure and order of business and shall keep a journal minutes open for public inspection. (c) Quorum and voting. Any four (4) members of the Council shall constitute a quorum but a smaller number may adjourn from time to time and may compel the attendance of absent members 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 journal 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 four (4) Council Members. In the event that four (4) or more members of the Council are ineligible to vote on a particular matter due to required abstention pursuant to Florida law, then the remaining members of the Council may vote and approve such matter by unanimous vote. (d) Meeting time limits. No meeting of the Council shall extend later than midnight 11:00 p.m. except upon the affirmative vote of five (5) Councilmembers, or if less than five (5) Councilmembers are present, upon the unanimous vote of four (1) all Council Members 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) Section 4.02. Prohibitions. (a) Appointment [s] and removals. Neither the Council nor any of its members shall in any manner dictate the appointment or removal of any Village administrative officers or employees whom the Manager or any of his/her subordinates is empowered to appoint, but the Council may express its views and fully and freely discuss with the manager anything pertaining to appointment and removal of such officers and employees. - 25 - (b) Interference with administration. Except for the purpose of inquiries and investigations made in good faith, the Council or its members shall deal with Village officers and employees who are subject to the direction and supervision of the Manager solely through the Manager, and neither the Council nor its members shall give orders to any such officer or employee, either publicly or privately. It is the express intent of this Charter that recommendations for improvement in Village government operations by individual Council Members be made solely to and through the Manager. No individual Council Member shall give orders to the Manager. (c) Holding other office. No elected Village official shall hold any appointive Village office or employment while in office. No former elected Village 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) 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) _ ism -an ad Srinistratiyc rog 1 .-3t i-on clam Establish, alter or abolish any Village office, department, board or agency; (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 the Village; or (8) Amend or repeal any ordinance previously adopted, except as otherwise provided in this Charter. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 4.04. Emergency ordinances. (a) Authorization; form. To meet a public emergency - 26 - 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 of the fiscal year next succeeding the fiscal year in which the emergency appropriation ordinance was originally adopted. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) 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 - 27 - 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 Village 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) 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. Section 4.07. Appropriation amendments during the fiscal year. (a) Suppl ernen tal appropriations. I f , 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. (b) Reduction of appropriations. I f , 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) Section 4.08. Authentication, recording and disposition of ordinances; resolutions and charter amendments. (a) Authentication. The Mayor or the Clerk shall - 28 - authenticate by his/her signature all ordinances and resolutions adopted by the Council. In addition, when 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 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 Village Charter in current form and shall enter all 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 to the people of the Village for public inspection and available for purchase at a reasonable price. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) 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. Section 4.10. Borrowing. The Village shall incur no debt unless the incurrence of such debt is approved by at least five (5) Council Members. The Council shall by Ordinance, limit the indebtedness of the Village. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) 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. Section 4.12. Village boards and agencies. The Council shall establish or terminate such boards and agencies as it may deem advisable from time to time. The boards and agencies shall report to the Council. Section 4.13. Village Code, Ordinances and Resolutions. Until at crwiac modified or replaced by thin Charter or the - 29 - Village Council, , on thc day of adoption of thio -Charter ohall, to thc extent applicable to thc Village, remain in forec and effect a3 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 Dade County, as applicable to the Village, which County and Village Codes, ordinances and resolutions are in effect as of April 1, 19971 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) 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 Council Member and Mayor shall be conducted on a nonpartisan basis. (c) Election dates. A primary election shall be held in each even -numbered year, on the day of the second State primary election, or if none is held in any such year, on the first Tuesday following the first Monday of October. A regular 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 month and year. (d) Primary election. The ballot for the primary election shall contain the names of all qualified candidates for Mayor and for the three (3) Council positions which are to be filled as a result of three (3) Council Members' terms expiring, and shall instruct electors to cast one (1) vote for Mayor and no more than three (3) votes for Council, with a maximum of one (1) vote per candidate. If any candidate for Mayor receives a number of votes greater than fifty percent (50%) of the total number of ballots cast, such candidate shall be the duly elected Mayor, and no regular election for Mayor shall be required. If any candidate(s) for Council receive(s) a number of votes greater than fifty percent (50%) of the total number of ballots cast, such candidate(s) shall be duly elected to the Council, and the number of positions contested in the regular election shall be decreased accordingly. (e) Regular election. The ballot for the regular election - 30 - shall contain the names of the two (2) candidates for Mayor who received the most votes in the primary election. The ballot for the regular election shall also contain the names of the six (6) candidates for Council who received the most votes in the primary election, provided that if any Council positions were filled in the primary election, the number of Council candidates on the ballot shall be a number equal to the remaining number of Council positions to be filled, times two (2) . The ballot shall instruct electors to cast one (1) vote for Mayor and to cast a number of votes for the Council not greater than the number of contested Council positions, with a maximum of one (1) vote per candidate. The candidate for Mayor receiving the most votes shall be the duly elected Mayor. The candidates for Council receiving the most votes, respectively, shall be duly elected to the remaining positions to be filled on the Council. (f) 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. (g) Runoff election. If the primary election results in two (2) or more candidates receiving a tie vote such that the number of candidates to be placed on the ballot for the regular election would exceed the limitations in subsection (e), all candidates receiving the tie vote shall be listed on the ballot for the general election and the limitations in subsection (e) shall not apply. If ,.-tie vote occurs in the regular election between two (2) or more candidates for either the office of Mayor or Councilmember, the tie shall be decided by lot under the direction of the Village Clerk. (h) Single candidates. In the event that the number of persons who qualify as candidates for the Council positions to be filled at an election is equal to or less than the number of positions to be filled at such election, those positions shall not be listed on the primary or regular Village election ballot. No election for Mayor shall be required in any election if there is only one duly qualified candidate for Mayor. (i) 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. (j) Commencement of terms. The term of office of any elected official will commence seven (7) days following the day of the regular or special election at which s/he is elected. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 5.02. Initiative and referendum. (a) Power to initiate and reconsider ordinances. - 31 - (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 capital program 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 or capital program or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees. (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 (3 0) days after the date of adoption of the ordinance. (b) Commencement of proceedings. A minimum of any ten (10) electors may commence initiative or referendum proceedings by 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, stating their names and addresses and specifying the address to which all notices to the committee are to be sent, and setting out in full the proposed initiative ordinance or citing the ordinance sought to be reconsidered. Promptly after the affidavit of the petitioners' committee is filed, the Clerk or other official designated by the Council may, at the committee's request, submit the petitioner's proposed ordinance for review as to legal sufficiency by the Village Attorney and/or issue the appropriate petition blanks to the petitioners' committee,.both at the committee's expense. (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 percent (10%) of the - 32 - 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 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. The petition shall be legally sufficient. (iii) Affidavit of circulator. Each paper of a petition shall have attached to it when filed an affidavit executed by the circulator thereof stating that s/he personally circulated the paper, the number of signatures thereon, 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 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 on which proceedings with respect to such initiative or referendum are commenced. (d) Procedure for filing. (i) Certificate of Clerk; amendment. Within twenty (20) days after 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 sufficiency, 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 rcgi3tcrcd mail, return receipt requested (the "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) of subsection (c) of this Section, and within five (5) - 33 - 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 petitioners' committee by certified rcgi3tcrcd 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 and the petitioners' committee does not file notice of intention to amend it or if an amended petition has been certified insufficient, the 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 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 IV. 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 (3 0) 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 proposed or referred ordinance to the electors of the Village. If the Council fails to act on a proposed initiative ordinance or a referred ordinance within the time period contained in paragraph (i) of subsection (e) of this 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. - 34 - (ii) Submission to electors. The vote of the Village on a proposed or referred ordinance shall be held not less than thirty (3 0) or more than sixty (6 0) days from the date the Council acted or was deemed to have acted pursuant to paragraph (i) of subsection (e) of this Section that the petition was determined sufficient. If no regular 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 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) Section 5.03. Form of ballots. A 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." - 35 - ARTICLE VI. CHARTER AMENDMENTS Section 6.01. Charter amendments. This Charter may be amended in accordance with the provisions of this Article. 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. (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 one hundred twenty (120) ,days from the date on which the petition was certified. (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) 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. - 36 - 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. 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. Code reference--Severability of Code, § 1-13. Section 7.03. Conflicts of interest; ethical standards. All trustccs Councilmembers, officials 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 Council Members, officials and employees of the Village. Without in any way limiting the generality of the foregoing, no member of the Council 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 member of the Council 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) - 37 - Code reference --Village Council, § 2-21 et seq. Section 7.04. Village personnel system; merit principle. All new employments, appointments and promotions of Village officers and 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. 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 all seven (7) Council Members. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 7.06. Charter revision. At its first regular meeting in December of every fifth (5th) year after the adoption of this Charter, commencing with December 1996, the Council shall appoint a charter revision commission (the "Charter Revision Commission") consisting of five (5) persons, one (1) of whom shall be a member of the Council serving a second consecutive term as Council Member and four (4) of whom shall be electors of the Village. If there are no tru3tec3 Councilmembers serving a second consecutive term, the Council shall appoint to the revision commission one (1) Council Member. The Mayor shall not be eligible for appointment to the Charter Revision Commission. The Charter Revision Commission shall commence its proceedings within forty-five (45) days after appointment by the Council. If the Charter Revision Commission determines that a revision is needed, it shall draft such amendments to this Charter as it deems appropriate and submit the same to the Council not later than thc ninetieth (90th) day after their appointment by thc Council 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. The Charter Revi3ion Commircion may inatruct thc Council to placc thc Otherwise, the Council shall, not less than thirty (30) days or more than sixty (60) days after submission of the proposed amendments to the Council, submit them to the electors of the Village in accordance with the provisions of Section 6.02, except that the provisions of subsections (a) and (b) of such Section shall not apply. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) - 38 - Section 7.07. Variation of pronouns. 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. 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 subsections (c) (i) -- (iii) and (g) of section 8.07: 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) - 39 - Section 8.07. Initial election of Council and Mayor . * * * (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: (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 s/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; * * * (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[,1 at the Key Biscayne Elementary School. (Ord. No. 92-18, § 1, 8-11-92/11-3-92) 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 - 40 - the transition to a new municipal government. 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. 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) Section 8.07. Initial election of Council and Mayor. NOTE TO EDITOR - MOVE SECTIONS 8.07(a), (b) , (c) , (d) & (e) TO A FOOTNOTE. (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: * * * (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 - 41 - 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) . (f) Maximum terms. Notwithstanding Section 2.03, any Council Member (including the Mayor ) elected in the 1991 election may serve for a maximum of nine (9) consecutive years on the Council, and the Mayor elected in 1991 or 1993 may serve for a maximum of five (5) consecutive years as Mayor . * * * (Ord. No. 92-18, § 1, 8-11-92/11-3-92) Section 6. The County registration books shall remain open at the Office of the Dade County Supervisor of Elections until May 12, 1997, at which date the registration books shall close in accordance with the provisions of the general election laws. Section 7. The 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 - 42 - ATTEST: 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 will be available for public inspection during regular business hours until 7:00 p.m. on the day of the election. Section 10. That if a majority of the qualified electors 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 this Resolution shall become effective upon its adoption. PASSED AND ADOPTED this 1 day of APRIL , 1997. ._49-.,:9--a--, FESTA, MAYOR Conchita Alvarez, CMC Village Clerk APPROVED AS TO FORM AND LEGAL SUFFICIENCY: i,, Village Attorney \103001\resoluti\ballot.m21