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Home My Public Portal About1997-18 Calling a Special Election on proposed charter amendmentsRESOLUTION NO. 97-18 A RESOLUTION OF THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, CALLING A SPECIAL ELECTION ON PROPOSED AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD ON TUESDAY, JUNE 10, 1997 BY MAIL BALLOT PROCEDURE; PROVIDING FOR AMENDMENTS PROPOSED BY THE VILLAGE COUNCIL CONCERNING SECTION 5.02, "INITIATIVE AND REFERENDUM"; TO PROVIDE TIME LIMIT FOR COMMENCEMENT OF PROCEEDINGS FOR EXERCISE OF REFERENDUM POWER CONCERNING ANY ORDINANCE AUTHORIZING THE ISSUANCE OF DEBT; SECTION 7.05, "CHARITABLE CONTRIBUTIONS" TO REQUIRE FIVE (5) COUNCIL VOTES FOR APPROVAL OF ISSUANCE OF GRANTS AND TO REQUIRE FIVE (5) COUNCIL VOTES FOR CHARITABLE CONTRIBUTIONS; 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 6.02(a) (i) , the Village Council has adopted an ordinance proposing revisions to the Village Charter and has caused to be drafted the appropriate amendments to the Village Charter for submission to the electors; and WHEREAS, in accordance with Section 6.02(b) of the Village Charter and Section 5.03 of the Dade County Charter, the Village Council desires to submit the proposed amendments to the electors of the Village for approval or disapproval. 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") the ballot questions provided in Section 3 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 AN ENABLING ORDINANCE AND 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 CHARTER AMENDMENT PROPOSITIONS SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE. GRANTS TO REQUIRE FIVE (5) COUNCIL MEMBER VOTES The Village Council has proposed that instead of amending the Charter to require that no grant be made by the Village unless it has been approved by all seven (7) Council Members, as recommended by the Charter Revision Commission, that the Charter be amended to require the vote of five (5) Council Members for grant approval. Shall the above described amendment be adopted? Yes [ ] No [ TIME FOR REFERENDUM PROCEEDINGS CONCERNING ORDINANCE AUTHORIZING ISSUANCE OF DEBT The current Village Charter does not generally provide a time limit for commencement of proceedings for exercise of the referendum power to require the Village Council to reconsider an ordinance. The Village Council has proposed that the Charter be amended to require referendum proceedings to be commenced within thirty (30) days of ordinance adoption for the reconsideration of any ordinance authorizing the issuance of debt. Shall the above described amendment be adopted? Yes [ ] No [ ] CHARITABLE CONTRIBUTIONS TO REQUIRE FIVE (5) COUNCIL MEMBER VOTES The current Village Charter requires that no charitable contribution be made unless approved by all seven (7) Council Members. The Village Council has proposed that the Charter be amended to require that no charitable contribution be made by the Village unless it has been approved by five (5) Council members. Shall the above described amendment be adopted? Yes [ ] No [ ] The above described propositions are in addition to the amendments recommended by the Charter Revision Commission. Section 4. That the full text of the proposed amendments, as submitted to the electors, is to amend the Village Charter by adding the new matter underlined and deleting the matter struck through in subsection A., B. and C. below, as follows: A. That Section 5.02, "Initiative and referendum" of the Village Charter, is amended by revising paragraph (ii)(A) of subsection (a) of this Section to read as follows: 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 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. The referendum power described in paragraph (ii) (A) of this subsection (a) shall not be available to require reconsideration of an ordinance authorizing issuance of debt unless proceedings with respect to the referendum are commenced within thirty (30) days after the date of adoption of the ordinance. B. That Section 7.05, "Charitable Contributions" of the Village Charter is amended to read as follows: Section 7.05. Charitable contributions. The Village shall not make any charitable contributions to any person or entity, except such contributions as have been approved by all scvcn (7) five (5) Council Members. C. That Section 7.05, "Charitable Contributions" of the Village Charter is amended to read as follows: Section 7.05. Grants and Charitable contributions. The Village shall not make any grants or charitable contributions to any person or entity, except such grants as have been approved by five (5) Council members or contributions as have been approved by all seven (7) Council Members. Section 5. 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 6. 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 7. This special election shall be canvassed by the County Canvassing Board in accordance with the provisions of the general election laws. Section 8. That copies of this Resolution and the ordinance 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 9. 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 10. That this Resolution shall become effective upon its adoption. PASSED AND ADOPTED this 8th hiad46,e Co`ncita Alvarez, CMC Village Clerk day of April , 1997. F. FESTA, _ MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: Village Attorney \103001\resoluti\ballot2.m24