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HomeMy Public PortalAbout1998-17 Calling for Special Election on Village Charter AmendmentsRESOLUTION NO. 98-17 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, PROVIDING FOR AMENDMENT OF SECTION 2.03 "ELECTION AND TERM OF OFFICE" AND SUBSECTION (F) "MAXIMUM TERMS" OF SECTION 8.07 "INITJAL ELECTION OF COUNCIL AND MAYOR," CONCERNING REVISION OF NUMBER OF TERMS AND MAXIMUM CONSECUTIVE YEARS OF SERVICE FOR OFFICE OF MAYOR." WHEREAS, pursuant to Miami -Dade County Charter Section 5.03 and Village Charter Section 6.02(a)(ii) a petition (the "Petition") has been filed by electors of the Village to propose an amendment to the Village Charter concerning the number of terms and length of service for the office of Mayor; and WHEREAS, the Petition was initiated on January 23, 1998 and was certified as sufficient by the Village Clerk on April 7, 1998. 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 the 30th day of June, 1998 to present to the electors of the Village of Key Biscayne (the "Village") the ballot question provided in Section 3 of this Resolution. Section 2. That balloting shall be conducted between the hours of 7:00 a.m. until 7:00 p.m. at the regular polling places for Village elections. 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 k 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") AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE VILLAGE ON TUESDAY, JUNE 30, 1998, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE. "Title: Number of Terms and Length of Service of Mayor The Village Charter currently limits service as Mayor to no more than two consecutive two year terms, except that the Mayor elected in 1993 may serve up to five consecutive years. Electors have petitioned to amend the Charter to allow service as Mayor for up to four consecutive two year terms (eight years), and to allow the Mayor elected in 1993, to serve up to nine consecutive years. Shall the above -described amendment be adopted? [ ] Yes [ ] No Polling place information and the full text of the proposed Village Charter amendments are available at the office of the Village Clerk located at 85 West McIntyre Street, Second Floor, Key Biscayne, Florida 33149. Section 4. That the full text of the proposed Charter amendment, as set forth in the Petition, is to amend Section 2.03 "Election and Term of Office" and subsection (f) "Maximum terms" of 2 Section 8.07 "Initial Election of Mayor and Council," of the Charter of the Village, by adding the new matter indicated by underline below, and deleting matter from the existing text, as indicated by strike through below, as follows: 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 thg,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) four (4) 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. Section 8.07. Initial election of Council and Mayor. (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) nine (9) consecutive years as Mayor. Section 5. That copies of this Resolution and the Petition proposing the Charter amendment are on file in the office of the Village Clerk located at 85 West McIntyre Street, Second Floor, 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 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. 3 PASSED AND ADOPTED this 28th day of April, 1998. ATT _ T. 4 HITA H. ALVAREZ, VILLAGE CLERK',. ,. A ,, , aL9"))7&__ F. FESTA, MAYOR APPROVED AS TO FORM AND LEGAL SUFFICIENCY: ST HEN J. HELFMA, VILLAGE ATTORNEY 103001/resolutions/amending sec. 203 of village charter _ '\