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Home My Public Portal About2016-04 Providing for the submission to the Village electors for approval or disapproval a proposed amendment Filling of VacanciORDINANCE NO. 2016.4 AN ORDINANCE OF THE VILLAGE COTINCIL OF KEY BISCAYNE, FLORIDA, PROVIDING FOR THE SUBMISSION TO THE VILLAGE ELECTORS FOR APPROVAL OR DISAPPROVAL, IN ACCORDANCE WITH SECTION 6.02(AXI) OF THE VILLAGE CHARTER, A PROPOSED AMENDMENT TO SECTTON 2.05(C) OF THE VILLAGE CIIARTER, ENTITLED "FILLING OF VACANCIES,'' TO PROVIDE FOR AN APPOINTMENT PROCESS TO FILL A VACANCY ON THE VILLAGE COUNCIL; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION OF THE CHARTER AMENDMENT TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED CIIARTER AMENDMENT TO BE HELD ON TUESDAY, THE 8TH DAY OF NOVEMBER, 20l6,IN CONJUNCTION WITH THE GENERAL ELECTION BEING HELD ON SAID DATE; PROVIDING FOR VOTING AT THE POLLS; PROVIDING FOR NOTICE OF ELECTION; PROMDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR INCLUSION IN THE CHARTER; AND PROVIDING FOR AN EFFECTIVE DATE. \ilIIEREAS, the Village of Key Bisca¡me (the "Village") Council desires to streamline the process by which a vacancy on the Council or in the Offrce of Mayor may be filled; and WHEREAS, the Village Council desires to implement a process to allow for the filling of a vacancy on the Council or in the Office of Mayor by appointment; and WHEREAS, an amendment to the Village Charter is required in order to allow for an appointment process to fill a vacancy on the Council or in the Office of the Mayor; and WHEREAS, the Village Council finds that an amendment to Article II, Section 2.05(c) of the Village Charter allowing for the filling of vacancies by an appointment process is in the best interest of the Village and its residents. NO\M, THEREFORE,IT IS HEREBY ORDAINED BY TIIE VILLAGE COUNCIL OF TIIE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS: ' Section 1. Recitals. That the above recitals are true and correct and incorporated herein by this reference. Section 2. Village Charter Amended. That, subject to the requirements of Section 8 of this Ordinance, Article II, Section 2.05(c) of the Village Charter is hereby amended to read as follows: ..PART I _ CHARTER {<{.** ARTICLE II. - VILLAGE COUNCIL; MAYOR **** Section 2.05. - Vacancies; forfeiture of office; filling of vacancies. (a) Vacancies. The office of a Council Member or Mayor shall become vacant upon hislher death, resignation, removal from office in any manner authorized by law or forfeiture of hislher office. (b) Forfeiture of offrce. (Ð Forfeiture by disqualification. A Council Member shall forfeit his/her office if at any time during his/her term slhe 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 three (3) regular meetings of the Council during any calendar year, or if s/he is absent without good cause from any three (3), consecutive Regular Meetings of the Council, whether or not during the same calendar year. I Coding: underlined words are additions to existing text, sùï€*Jhroügh words are deletions from existing text. Changes between first and second reading are indicated with highlight. 2 (c) (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 maybe 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/trer 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/trer 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 gtounds of forfeiture. Filling of vacancies. A vacancy on the Council or in the office of Mayor shall be frlled by election. filledasft'11'sws: withirr sueh period; irr whieh ease the vaeaney shall be ftlletby speeial eleetiorr otr ffi 1¡1 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. 19 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 J may, by majority vote, appoint additional members to the extent otherwise permitted or required under this subsection (c). (.¡i) In the event that all the members of the Council are removed by death, disability, recall, forfeiture of office andlor 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. {c***rr Section 3. Election Called. That a special election is hereby called, to be held on Tuesday, the 8th day of November, 2016, in conjunction with the general election being held on the same date, to present to the qualified electors of the Village of Key Biscayne, the ballot question provided in Section 4 of this Ordinance. Section 4. Form of Ballot. That the form ofballot for the Charter Amendment provided for in Section 2 of this Ordinance shall be substantially as follows: "1. Filling of Vacancies on the Council or in the Office of Mayor. The Village Charter currently provides different methods for filling vacancies that occur during Council terms. Such methods include by Council appointment or by special election. It is proposed that the Charter be amended to provide for the filling of such council or mayoral vacancies solely by an appointment made by the Council. Shall the above-described Charter amendment be adopted? tl Yes t] No" 4 Section 5. Balloting. That balloting shall be conducted between the hours of 7:00 a.m. to 7:00 p.m. on the date of the election. Absentee ballots shall be available. Early voting shall be provided in conjunction with the general election. All qualified Village electors who are timely registered in accordance with law shall be entitled to vote. The Village Clerk is authorized to obtain any necessary election administration services from the Miami-Dade County (the "County") Supervisor of Elections. The County registration books shall rernain open at the Office of the County Supervisor of Elections until the date at which the registration books shall close in accordance with the provisions of the general election laws. The Village Clerk and the County Supervisor of Elections are hereby authorized to take all appropriate action necessary to carry into effect and accomplish the provisions of this ordinance. Pursuant to Section 2-102 of the Village Code, this election shall be canvassed by the Village Clerk with assistance from the County Supervisor of Elections, or as required by law. Section 6. Notice of Election. That notice of said election shall be published in accordance with Sectionl00.342,Fla. Stat., 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 (to-wit: during the week commencing Sunday, October 4,2016), and the second publication to be in the third week prior to the election (to-wit: during the week commencing Sunday, October 16, 2016), and shall be in substantially the following form: ..NOTICE OF SPECIAL ELECTION PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO ORDINANCE NO 2016-4 ADOPTED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA (THE ''VILLAGE''), A SPECTAL ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD V/ITHIN THE VILLAGE, IN CONJUNCTION WITH THE GENERAL ELECTION, ON TUESDAY, THE 8TH 5 DAY OF NOVEMBER, 2016, AT V/HICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSAL SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE VILLAGE. 1. Filling of Vacancies on the Council or in the offìce of Mayor. The Village Charter currently provides different methods for filling vacancies that occur during Council terms. Such methods include by Council appointment or by special election. It is proposed that the Charter be amended to provide for the filling of such council or mayoral vacancies solely by an appointment made by the Council. Polling place information, the enabling Ordinance including the full text of the proposed Village Charter Amendment and the ballot question, are available at the office of the Village Clerk located at 88 West Mclntyre Street, Key Biscayne, Florida33149. Village Clerk" Section 7. Copies. That copies of this Ordinance conceming the Charter Amendment are on file at the office of the Village Clerk, located at 88 West Mclntyre Street, Key Biscayne, Florida 33149, and is available for public inspection, during regular business hours Section 8. Effectiveness. That the Charter Amendment provided for in Section 2 above shall become effective only if the majority of the qualified electors voting on the specific Charter Amendment vote for its adoption, and it shall be considered adopted and effective upon certification of the election results. Following adoption of the Charter Amendment, the Village Clerk shall file the adopted CharterAmendment with the Clerk of the Circuit Court of Miami-Dade County, Florida. Section 9. Inclusion in the Charter. That subject to the requirements of Section 8 above, it is the intention of the Village Council and it is hereby provided that the Charter Amendment shall become and be made apartof the Charter of the Village of Key Biscayne, Florida; 6 that the Sections of this Ordinance may be renumbered or relettered to accomplish such intention. Section 10. Severabilit-v. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 11. Effective Date. Thatthis Ordinance shall become effective immediatelyupon adoption at second reading. PASSED on first reading this 8th day of March ,2016 PASSED AND ADOPTED on second reading this 12th day of April ,2016. 11 PENA CONCHITA H. ALVAREZ, MMC, VILLAGE CLERK APPROVED AS TO F AND LEGAL SUFFICIEN VILLAGE 7 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Hol¡days lvliami, M¡ami-Dade County, Flor¡da STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned author¡ty personally appeared MARIA MESA, who on oath says that he or she is the LEGAL CLERK, Legal Notices of the Miami Da¡ly Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper published at Miami in Miami-Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice ¡n the matter of VILLAGE OF KËY BISCAYNE - ORDINANCE . APRIL 12,2016 in the XXXX Court, was published in said newspaper in the issues of 0313112016 Afflant further says that the said Miami Daily Bus¡ness Rev¡ew is a newspaper published at Miami, in said M¡am¡-Dade County, Florida and that the said newspaper has heretofore been continuously published in said Mìami-Dade County, Flor¡da each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post offlce in Miami in said Miami-Dade County, Florida, for a per¡od of one year next preceding the first publication of the attached copy of advert¡sement; and aff¡ant further says that he or she has neither paid nor promised any person, f¡rm or corporation any discount, rebate, commission or refund for the securing th¡s advertisement for before me this JI H,A 16 (SEAL) MARIA M YILLAGE OF KFY BISCAY]IE OFF¡CE OF TIIE YILLAGE CLERK' PUBLIC llol¡cE hat the following i Village Council ofi uesdaY, APril 12' Crandon Bouleva DATE. eof and gto dto ln accordance wit who are disabled this proceeding b Village Clerk, 88 33149, telePhone prior to such Proceeding. r Should a with r€sp shall insu testimony Comments of any interested party relative to this matter may be submitted in writing and or þresented in person at the publ¡c hearing' Conchita H. Alvarez, MMC Village Clerk 3/31 - 16-88/0000095807M to and of RHONÞA iT PELIIER ñlY cor'lNtlssloN Ë FF231407 FXPTRES tvlay 17 2019 lla,ild.rNÍ,ii Si',r\:¿:¿¡