HomeMy Public PortalAbout3-CERTIFIED COPY OF THE VILLAGE CHARTER.pdfVILLAGE OF KEY BISCAYNE
Office of the Village Clerk
Vi~age Counri/
Robert L. Vernon, Ma_y~r
Michael Davey, l/iceM4;ryor
Enrique Garcia
Robert Gusman
MichaelE. Kelly
lorge E. Mendia
Thomas Thorncon
~i~agt~ Clerk:
Conchira H. Alvarez, MMC
CERTIFICATION
STATE OF FLORIDA
COUNTY OF MIAMI-DADE
I, Conchita H. Alvarez, duly appointed Village Clerk of the Village of Key Biscayne, Florida, do
hereby certify that the attached is a true and correct copy of:
The Charter of the Village of Key Biscayne as amended on June 12, 2007.
IN T~NESS WHEREOF, I hereunto set my hand and affix the Seal of the Village of Key Biscayne,
Florida, this 10th day ofNovember, 2009.
chita H. Alvarez, MMC
Clerk
illage of Key Biscayne, Florida
88 West McIntyre Street · Suite 220 · Key Biscayne, Florida 33149 · (305) 365-5506 · Fax (305) 365-8914
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PART I
CHARTER*
Article I. Corporate Existence, Form of Government, Boundary and Powers
*Editor's note--Printed herein is the Municipal Charter of the Village of ~ey 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 ofa 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 incIuded in the Charter as directed by the 1997 Charter Revision Commission
i. For historical purposes, the Gomittee wishes to note the following. The members of the original Charter Committee were as follows:
Luis Lauredo, Chair
Betty Sime, Vice Chair
Roberto Camho, 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 1997 was appointed by the Village Council on December 10, 1996
and met during the early months of 1997 to review the Village 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 H. Alvarez, the Manager was C. Samuel Kissinger and the attorneys were Richard Jay Weiss, Stephen J. He~nan and Nina L. Boniske. As a result of those meetings, 25 amendments were
~p~d to the electorabs. Of the 25 amendmenDs pmpoaed, 23 Puere apprwed 4y the electorate ~n June 10.
The Village Council proposed 3 additional amendments, only one of which was approved by the electors on
June 10, 1997.
Notes ~fr~om 2002 Charter Revision Commission The following are notes which are included in the Charter as directed by the 2002 Charter Revision Commission.
i. The Charter Revision Commission of 2002 was appointed by the Village Council on November 13, 2001 las ratified on January 15, 2002) and met during the early months of2002 to review the Village Charter. The members of the Charter Revision Commission were as follows:
Martha F. Broucek, Chair
MichaelA Kahn, Vice Chair
Stuart D. Ames, Member
Dr. Miehael E. Kelly, Member
Luis Lauredo, Member
The Clerk was Conchita H.Alvarez, the Manager was C. Samuel Kissinger and the attorneys were Richard
Jay ~Weiss and Tony i.. Recio. As a result of those meetings, 23 amendments were proposed to the electorate. Of
the 23 amendments proposed, 5 were approved by the electorate on July 9, 2002.
The Village Council proposed 1 additional amendment which was not approved by the electors on July 9, 2002.
2. The Charter below also reflects amendments to Sectjolls 4.10 and 5.02 approved at a general election
on December 4, 2001.
Notes fr~om 2007 Charter Revision Commission. The following are notes which are included in the Charter as
directed by the 2007 Charter Revision Commission.
1. The Charter Revision Commission of 2007 was appointed by the Village Council on December 5, 2006
and met during the early months of 2007 to review the Village Charter. The members of the Charter
Revision Commission were as follows:
Steve Liedman, Chair
Supp. No. 25 CHT:1
KEY BISCAYNE CODE
Sec. 1.01. Corporate existence.
Sec. 1.02. Form of government.
Sec. 1.03. Corporate boundary~
Sec. 1.04. Powers.
Sec. 1.05. Construction.
Sec. 1.06. ~' Capitalization.
Article n. Village Council; Mayor
Sec. 2.01. Village Council.
Sec. 2.02. Mayor and Vice Mayor.
Sec. 2.03. Election and term ofoffice.
Sec. 2.04. Qualifications.
Sec. 2.05. Vacancies; forfeiture of office; ~Ling of vacancies.
Sec. 2.06. Recall.
Sec. 2.07. No compensation; reimbursement for expenses.
ArticleIII. 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. VilIage Attorney.
Sec. 3.06. Village code of administrative regulations.
Sec. 3.07. Expenditure of Village funds.
Sec. 3.03. Competitive bid requirement.
Sec. 3.09. Removal of Council Appointees.
ArticleTV. 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.
Betty Sime Conroy, Vice Chair
Stuart D. Ames, Member
Robert Fernandez, Member
Mark Fried, Member
The Clerk was Conchita H. Alvarez, the Manager was Jaoqueline R. Menendez and the attorneys were
Stephen P. He~nan and Chad Friedman. As a result o~ those meetings, 2 amendments were proposed to the
electorate. The 2 amendments were apprwed by the electorate on June 12, 2007.
As a result of a petition of electors 1 additional amendment was proposed to the electorate and approved on
June 12, 2007.
Supp. No. 25 CHT:2
CHARTER
Sec. 4.11. Revenue Sharing.
Sec. 4.12. Village boards and agencies.
Sec. 4.13. Village Code, Ordinances and Resolutions.
Sec. 4.14. Special Assessments.
Sec. 4.15. Approval by Vote to Electors Required for Amendments to Land Development
Regulations.
ArticleV. Elections
Sec. 5.01. Elections.
Sec. 5.02. Initiative and referendum.
Sec. 5.03. Formofballots.
Article V1. CharterAmendments
Sec. 6.01. Charter Amendments.
Sec. 6.02. Procedure to amend.
Sec. 6.03. Form ofballot.
ArticleVLT. General Provisions
Sec. 7.01. No casino gambling.
Sec. 7.02. Severability.
Sec. 7.03. Conflicts ofinterest; 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 ofpronouns.
ArticleVnI. Transition Provisions
Sec. 8.01. Temporary nature ofArticle.
Sec. 8.04. Taxes and fees.
Sec. 8.08. Transition provisions to facilitate change to two-year terms.
Supp. No. 25 CHT:3
CHARTER g 1.03
ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNDIENT,
BOUNDARYAND POWERS
Section 1.01. Corporate existence.
A municipal corporation known as Viuage 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 Miami-Dade County (the "County"). The corporate e~stence of the Village shall commence
upon the adoption of this Charter.
(Res. No. 97-15, 4-1-97/6-10-97; Res. No. 2002-21, 4-30-02/7-9-02)
Section 1.02. Form of government.
The Village shall have a "Council-Manager" form of government.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 1.03. Corporate boundary/MAP.
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 SUBDNISION OF A PORTION OF ~IATHESON ESTATE, KEY BISCAYNE, DADE
COUNTY, FLORIDA, according to the plat thereof recorded in Flat Book 46 at Page 86 of
the Public Records of Dade County, Florida; thence ran Westerly along said South Zine 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 of the most Northwest-
erly corner of Tract B of FOURTH ADDITION TO TROPICAL ISLE HOR/IES SUBDIVI-
SION, according to the plat thereof recorded in Flat 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 Flat Book 131 at Page 37 of the Public Records ofDade County,
Florida, said point of intersection being 1,000 feet Southwesterly of the most Southeasterly
corner of said Lot 7, as measured along the Southwesteily 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 l;ot 17 of SMUGGLERS COVE, according to the plat thereof recorded in Flat 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 CANOGAPROPERTIE~KE~y BLSCAYNE,
FLORIDA, according to the plat thereof recorded in Flat 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 Flat 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
Supp. No. 16 CHT:5
q 1.03 KEY BISCAYNE CODE
to the point of intersection with the Easterly extension of the said South line of Crandon
Park; thence run FVesterly 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 SUBDMSION OF A PORTION OF ~ATHESON ESTATE, KEY BISCA~NE,
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 Boule-
vard for a distance of 783 feet more or less to the South boundary of Crandon Park and to
the POINT OF BEGINNING.
Supp. No. 16 CHT:6
CHARTER P 1.03
Village ofKey Biscayne, Florida
Biscayne
Bay cMdm
~~lma f~t
hR
Atlantic
Ocean
"8" SureRmnla~e~
nill ~*ss~
CRes. No. 97-15, 4-1-97/6-10-97)
Supp. No. 16 CHT:7
~ 1.04 KEY BISCAYNE CODE
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.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 1.05. Construction.
The powers of the Village shall be construed liberally in favor of the Village.
(Res. No. 97-15, 4-1-97/6-10-97)·
Section 1.06. Capitalization.
When a de~ned word is enclosed in quotes and in parentheses after the definition, that word
shall be treated as a de~ned term. in the remainder of this Charter, when capitalized.
(Res. No. 97-15, 4-1-97/6-10-97)
ARTICLE II. VILLAGE COUNCIL; MAYOR"
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 Membei·s shall include the Mayor unless the context otherwise
requires.
(Ord. No. 92-18, ~1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
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 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 budget message.
*Editor's notePursuant to Ord. No. 92-18, 8 i, 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
'Ylllage Board ofTrustees; Mayor" to 'Yillage Council; Mayor."
(Res. No. 97-15, 4-1-97/6-10-97)
Code reference-Village Council, ~ 2-21 et seq.
Supp. No. 16 CHT.8
CHARTER O 2.05
(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; Res. No. 97-15, 4-1-97/6-10-97)
Section 2.03. Election and term of office.
(a) Each Council Member and the Mayor shall'be elected at-large for a two (2) year term by
the electors of the Village in the manner provided in Article V of this Charter. However,
beginning with the 2006 elections, a transition shall commence in the length of the term of
of~ce by providing for Council Members to be elected at-large for a four (4) year term by the
electors of the Villag$ in the manner provided in Article V of this Charter. In order to create
and maintain staggered terms which provides continuity in the legislative branch ofgovern-
ment, there shall be a transition made from two (2) year terms to four (4) year terms. This
transition from a two (2) year term to a four (4) year term of office shall be accomplished by
providing that the three (3) Council Members receiving the most votes at the 2006 election
shall receive four (4) year terms of office and the remaining three (3) Council Members who are
elected at the 2006 election shall receive two (2) year terms of office. The Mayor shall continue
to be elected for a two (2) year term.
(b) No person shall serve as Mayor for more than two (2) consecutive elected terms, and no
person may senre on the'Council, or as any combination of Mayor and Council Member, for
more than eight (8) consecutive years.
(Ord. No. 92-18, g i, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97; Res. No. 2002-21,
4-30-02/7-9-02; Ord. No. 2005-4, ~2, 5-10-05/4-11-06)
Section 2.04. ~ualifications.
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 quali~ing 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 and
have been a registered voter in the Village for at least one (1) year preceding the date of such
~iling shall be eligible to hold the of~ce of Council Member or Mayor.
(Old. No. 92-18, 8 i, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97; Res. No. 2002-21,
4-30-02/7-9-02)
Section 2.05. Vacancies; forfeiture of office; filling of vacancies.
(a) Vacancies. The o~ce of a Council Member or Mayor shall become vacant upon his/her
death, resignation, removal ~om of~ice in any manner authorized by law or forfeiture ofhismer
of~ce.
Supp. No. 23 CIFL~S
g 2.05 KEY BISCAYNE CODE
(b) Forfeiture ofojc~7~ce.
(i) Forfeiture by disqua2ification. A Council Member shall farfe'it his/her office if at any
time during his/her term s/he ceases to maintain hismer 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 ske 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.
(iii) Procedures. The Council shall be the solejudge 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, ifcanied, shall be
conclusive. A Council Member whose qualifications are in:question or who is otherwise
subject to forfeiture of hisker of~ice 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 of~ce
shall be made by resolution. Ah 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) Fi2lilzg of vacancies. A vacancy on the Council or in the ofj[ice of Mayor shall be filled as
follows:
(i) If the vacancy occurs on the Council and less than six (6) months remain in the
unexljired term, the vacancy shall be ~led 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, the vacancy shall be ~lled by a
special election to he 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 the 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 ~led by special election on the
first such election date.
Snpp. No. 23 C~10
CHARTER g 2.05
(iv) if there is no qualified candidate for any vacancy in any election, the Council shall
appoint a person quati~ed under this Article for the vacancy.
(V) Notwithstanding any quonun 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 m~jority 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 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
Supp. No. 23 CH~10.1
CHARTER p 3.03
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; Res. No. 97-15, 4-1-97/6-10-97)
Section 2.06. Recall.
The electors of the Village shall have the power to recall and to remove ~om 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 (10%) of the total number of electors of the Village as of the
preceding Village election.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 2.07. No compensation; reimbursement for expenses.
Council Members (including the Mayor) shall serve without compensation but shah 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
of~cial duties.
(Ord. No. 92-18, g 1, 811-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
ARTICLE III. ADNINISTRATIVE*
Section 3.01. Village Manager.
There shall be a Village Manager (the "Manager") who shall be the chief administrative
of~cer of the Village. The Manager shall be responsible to the Council for the administration
of all Village affairs.
(Ord. No. 92-18, g i, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
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 3.09. The compensation of the Manager shall be fixed by the
Council.
(Ord. No. 92-18, ~1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
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,
*Code reference-Administration, ch. 2.
Supp. No. 16 CHT:I1
g 3.03 I(EY BISCAYNE CODE
(2) Direct and supervise the administration of all departments and oflices but not Village
boards or agencies, unless so directed by the Council ~om time to time;
(3) Attend all Council meetings except when excused by the Council and shall participate
in discussion but not have the right to vote;
(4) See that all law~, 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
Vil3age departments, offices, boards and agencies;
(8) Keep the Council fully advised as 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 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; Res. No. 97-15, 4-1-97/6-10-97)
Section 3.04. Village <=lerk.
The Council shall appoint a Village Clerk (the "Clerk" or 'TVillage 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 minutes of its proceedings which
shall be a public record and shall perform such other duties as the Council may prescribe ~om
time to time. The Clerk shall report to the Council and may be removed by the Council as
provided in Section 3.09.
(Ord. No. 92-18, ~1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 3.05. VillageAttorney.
The Council may from time to time appoint an individual attorney or a law ~rm to act as the
Village Attorney (the "Village Attorney") under such terms and conditions as are consistent
with this Charter and as may be established by the Council. 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; Res. No. 97-15, 4-1-97/6-10-97)
Supp. No. 16 CHT:12
CHARTER ~4.01
Section 3.06. Village code of administrative regulations.
The Manager shall maintain a Village code of administrative regurations- The council shall,
by ordinance, establish appropriate procedures for reasonable notice and public comment on
proposed administrative regulations prior to taking final action on the same.
(Ord, No. 92-18, ~1, &11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97; Res. No. 200221,
4-30-02/7-9-02)
Section 3.07. Expenditure ofVillage funds.
(a) Generally. No fonds of the Village shall be expended except pursuant to duly approved
appropriations.
(b) Capital Projects. The Council may authorize expenditures for: (i) the acquisition,
construction, renovation, or improvement of public buildings or facilities; (ii) purchase of land;
or (iii) the purchase of equipment. Each of the categories i, ii and iii, irrespective of cost, is a
"Capital Project". A resolution or ordinance, as required, approving a Capital Project shall
contain at a minimum a description and the projected cost of the Capital Project and be
specifically labeled "Capital Project Authorizing Resolution or Ordinance" ("Capital Project
Legislation").
(Res. No. 97-15, 4-1-97/6-10-97; Res. No. 2002-21, 4-30-02/7-9-02)
Section 3.08. Competitive bid requirement.
Except as otherwise provided by law or ordinance, contracts for public improvements and
purchases of supplies, materials or senrices shall be awarded or made on the basis of
specifications and competitive bids, except in cases where the Council determines that it is
impracticable to do so.
(Ord. No. 92-18, ~1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 3.09. Removal of Council Appointees.
The Village Manager and the Wllage Clerk teach 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 senred immediately upon
the affected CouncilAppointee. The affected Council Appointeeshall have fifteen (15) days in
which to reply thereto in writing, and upon request, shall be afforded a public hearing, which
shah occur not earlier than ten (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 CouncilAppointee shall continue to receive 111 compensation until the
effective date of a final resolution of removal.
(Res. No. 97-15, 4-1-97/6-10-97)
ARTPCLF: TV. 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
Supp. No. 16 CHT: 13
O 4.01 I(EY BISCAYNE CODE
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 anol minutes. The Council shall determine its own rules of procedure and order of
business and shall keep minutes open for public inspection.
(C) &LLOTILm and uoting. 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 minutes. Except as otherwise specially provided in this Charter, no action of the Council
shall be valid or binding unless adopted by the af~irmative 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 11:00 p.m. except
upon the af~rmative vote of five (5) Council Members, or if less than five (5) Council Members
are present, upon the unanimous vote of all Council Members present at the meeting.
(Ord. No. 92-17, 91, 8-11-92/11-3-92; Ord. No. 92-18, g 1, 8-11-92/11-3-92; Res. No. 97-15,
4-1-97/6-10-97)
Section 4.02. Prohibitions.
(a) Appointment[s] art~E 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 of~cers and employees.
(b) Interference tuith administration. Except for the purpose of inquiries and investigations
made in good faith, the Council or its members shall deal with Village of~cers 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 of~cer 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 oflicial shall hold any appointive Village of~ce or
employment while in of~2ice. No former elected Village of6cial 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; Res. No. 97-15, 4-1-97/6-10-97)
Supp. No. 16 CH~P.14
CHARTER ~4.04
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) Adopt or amend an administrative regulation or 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) Levytaxes orappropriatefUnds;
(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 bonowing ofmoney;
(7) Convey or lease or authorize by administrative action the conveyance or lease of any
lands of the Village;
(8) Amend or repeal any ordinance previously adopted, except as otherwise provided in
this Charter; or
(9) Approve a Capital Project in excess of $500,000. When an ordinance authorizing a
Capital Project in excess of $500,000 has been approved upon first reading, notice of
the date and time of the second reading shall be provided ("Second Reading Notice'?.
The Second Reading Notice shall include a brief description of the Capital Project and
its cost and shall be published in addition to and contemporaneously with notices
regularly published for second readings. Each Village elector shall be sent a Second
Reading Notice by postcard. Action taken by the Council on a Capital Project shall not
be voided by the failure of an individual Villageelector to receive a Second Reading
Notice postcard.
(Ord. No. 92-18, ~1, 8-11-92/11-3-92; Res. No. 97-15, Pi-97/6-10-97; Res. No. 2002-21,
4-30-02/7-9-02)
Section 4.04. Emergency ordinances.
(a) Authorization; form. 'Ib meet a public emergency 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 pl~inlv 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.
Supp. No. 16 CHT: 15
O 4.04 KEY BISCAYNE CODE
(b) Procedure. An emergency ordinance may be adopted with or without amendment or
rejected at the meeting at which it is introduced. ARer 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 shah
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 e~dsts, 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 ~scal year in which the emergency
appropriation ordinance was originally adopted.
(Ord. No. 92-18, 8 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Section 4.05. Annual budget adoption.
(a) Balanced budget. Each annual budget adopted by the Council shall be a balanced
budget.
(b) Bzldget 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 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 (16) 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
appropri~tions 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 classi~cations of expendi-
tures within an of~ce or department.
(d) Deferred compensation; pensions. Contributions to pension and other deferred compen-
sation 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 ~ith sound actuarial
principles.
(Ord. No. 92-18, ~1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Supp. No. 16 CHT: 16
CHARTER P 4.09
Section 4.06. Fiscalyear.
The fiscal year of the Village government shall begin on the first (Ist) day of October and
shall end on the last day of September of the following calendar year. Such ~scal year shall also
constitute the annual budget and accounting year.
(Res. No. 97-15, 4-1-97/6-10-97)
Section 4.07. Appropriation amendments during the fiscal year.
(a) Supplemental appropriations. If, 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) Red~ction ofappropriations. If, at any time during the fiscal year, it appears probable
to the Nlanager 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; Res. No. 97-15, 4-1-97/6-10-97)
Section 4.08. Authentication, recording and disposition of ordinances; resolutions
and charter amendments.
(a) Authentication. The Mayor or the Clerk shall authenticate by his/her signature all
ordinances and resolutions adoptedby 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) ~nting. The Council shall, by ordinance, establish procedures for making all resolu-
tions, 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, g 1, 8-11-92/11-3-92; Res. No..97-15, 4-1-97/6-10-97)
Section 4.09. Tax levy.
The Village shall have the right to levy, assess and collect all such taxes asarepermittedby
law, including without limitation ad valorem, excise, franchise or privilege taxes and taxes on
services and utilities.
(Res. No. 97-15, 4-1-97/6-10-97)
Supp. N~. 16 CHT17
p 4.10 KEY BISCAYNE CODE
Section 4.10. Borro~ing.
(a) Debt Approval. The Village shall incur no Debt unless the incurrence of such Debt is
approved by at least ~ve (5) Council Members.
(5) Limits. The total Debt of the Village, including amounts authorized but still not drawn
down under e~sting loan agreements and other contractual arrangements with banks and
other financial institutions, underwriters, brokers and/or intermediaries, shall not exceed the
greater of:
i. one percent (1%) of the total assessed value of all property within the Village, as
certified by the Miami-Dade County Property Appraiser for the current fiscal year; or
ii, that amount which would cause annual Debt Seririce to equal fifteen percent (15%) of
General Fund expenditures for the previous fiscal year.
(c) Definitions. As used in this Section 4.10 the following terms shall have the meanings
ascribed to them in this subsection.
i. "Debt" means any obligation of the Village to repay borrowed money however
evidenced since the date of its incorporation regardless of tenor or term for which it
was originally contracted or subsequently converted through re~nancing or novation,
except (A) any obligation required to be repaid in less than a year and which was
incurred solely for emergency relief of natural disasters, or (B) that portion of any
obligation for operations which are financed and operated in an independent, self-
liquidating manner and recovered entirely through currently collected user fees and
charges.
ii. "Debt Service" shall include, without limitation thereto, scheduled interest payments,
repayments of principal and all financial fees arising from Debt or from the underlying
contractual obligations, whether as originally incurred or subsequently deferred or
otherwise renegotiated.
iii. "General Fund" shall mean any and all revenues of the Village, from whatever source
derived, except those revenues derived ~om special assessments, user fees and
charges and designated as a separate fund to ~nance goods and services to the public.
(Ord. No. 92-18, ~1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97; Res. No. 2001-8,
9-19-01/12-4-01)
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.
(Res. No. 97-15, 4-1-97/6-10-97)
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.
(Ord. No. 92-18, g i, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Supp. No. 16 CH~18
CHARTER 65.01
Section 4.13. Village Code, Ordinances and Resolutions.
Except as otherwise modified or replaced by this Charter or by the Village Council, all codes,
ordinances and resolutions of the Village and of Miami-Dade County, as applicable to the
Village, which County and Village Codes, ordinances and resolutions are in effect as of April
1; 1997, shall remain in force and effect as municipal codes, ordinances drid resolutions of the
Village.
(Ord. No. 92-18, ~1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97; Res. No. 2002-21,
4-30-02/7-9-02)
Section 4.14. SpecialAssessments.
Properties may be specially assessed according to law; however, no properties shall be
specially assessed by the Village, unless:
(a) A majority of the owners of the properties to be specially assessed petition the Village
for a special assessment, or
(b) An election of the property owners to be specially assessed is held to approve the
special assessment and a majority of the property owners voting, one (1) vote per
property, on a proposed special assessment vote in its favor.
(Res. No. 2000-11, ~4, 3-14-00/5-16-00)
Sec. 4.15. Approval by Vote of Electors Required for Amendments to Land Develop-
ment Regulations.
No text amendment to the zoning code or other land development regulations that would
create anew zoning district, or that would amend any definition of a term used in the land
development regulations, or that would have the effect of allowing a use not currently
permitted, increased residential density, additional hotel or other accommodation units per
acre, or increased lot coverage, height, or floor area ratio, shall be effective until approved by
a majority vote ofthe electors voting on the amendment.
(Res. No. 2007-12, B 2, 4-10-07/6-12-07)
ARTICLE V. ELECTIO~S
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 prescri~ed by law shall be ad elector of the Village.
(b) Nonpartisan elections. All elections for the offices of Councilmember and Mayor shall be
conducted on a nonpartisan basis.
(C) Election date. A primary election for the of~ce of Mayor shall be held in each
even-numbered year on the first ~esday following the first Monday of October. A regular
election for Mayor and Council positions shall be held in November of each even-numbered
STear, on the same day U.S. congressional elections are held, or if none are held in any year, on
Supp. No. 25 CH~I~19
~ 5.01 I(EY BISCAYNE CODE
the ~st Tuesday following the 5rst Monday of November of that year. Notwithstanding any
contrary provisions of this section, the Village Council may, by ordinance enacted pursuant to
Section 100.3605(2), Florida Statutes, or independent of such statutory basis by virtue of the
enabling authority provided in this subsection (c), from time to time, change the dates for
conducting mayoral primary, and all regular and special elections for the election of the Mayor
and/or Village Council and provide forthe orderly transition of office resulting from such date
changes.
(d) A·imary elections. There shall be no primary election for Mayor if no more than two (2)
candidates qualify to run for the office of Mayor. In the event that a primary election is not
necessary, as described above, the qualified candidates' names for the office of Mayor shall be
placed on the regular election ballot, unless otherwise specified by paragraph (h) below. The
ballot for the primary election shall contain the names of all qualified candidates for Mayor
and shall instruct electors to cast one (1) vote for Mayor.
(e) Regu2ar E2ection. The ballot far the regular election 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 shallalso contain the names of the quali~ed candidates for Council. 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 the contested Council positions, with a m~dmum of
one 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 shall be duly elected to the
positions on the Council which are up for election.
(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) Tie Votes. If the mayoral primary election results in two or more candidates receiving a
tie vote such that the number of candidates to be placed on the mayoral ballot for the regular
election would exceed the limitations in subsection (e), all candidates receiving a tie vote shall
be listed on the mayoral ballot for the general election and the limitations in subsection (e)
shall not apply. If a tie vote occurs in the regular election between two (2) or more candidates
for either the office of Mayor or Councilmember, the tie vote shall be decided by lot under the
direction ofthe Village Clerk.
(h) Single candidates. In the event that the number of persons who qualify as candidates for
the Council Member positions to be ~lled at an election is equal to or less than the number of
positions to be ~led at such election, those positions shall not be listed on the primary or
regular election ballot. No election for Mayor shall be required in any election if there is only
one duly qualified candidate for Mayor. The duly qualified candidates shall be deemed elected.
(i) Absentee uotes. 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.
Supp. No. 25 CHT:20
CHARTER P 5.02
O') Commencement of terms. The term of office of any elected official will commence seven
(7) days following the day of the regular election or special election at which s/he is elected.
(Ord. No. 92-18, g i, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97; Res. No. 2002-21,
4-30-02/7-9-02; Ord. No. 2004-10, ~2, &31-04; Ord. No. 2005-11, ~2, 7-5-05/4-11-06)
Cross reference--Section 2-104, Mayoral primary election date revised.
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 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 any ordinance appropriating
money, levying taxes or setting salaries of Village officers or employees. The
referendum power described in paragraph (ii)(A) of this subsection (a) shall not be
available to require reconsideration of an ordinance authorizing the issuance of
debt or a Capital Project in excess of $500,000.00 unless proceedings with respect
to the referendum are commenced within thirty (30) days after the date of
adoption ofthe ordinance.
(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 ~ve (5)
mills, (2) proceedings with respect to the referendum are commenced within
twenty (20) days aRer the date of adoption of the ordinance, and (3) all petitions
with respect to the referendum are filed within thirty (30) days after the date of
adoption of the ordinance.
(b) Commencement ofproceedings. A minimum of ten (10) electors may commence initiative
or referendum proceedings by filing with the Clerk or other of~cial designated by the Council
an af~davit stating they will constitute the petitioners' committee and be responsible for
circulating the petition and ~iling 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 aRer the af~davit of the petitioners' committee is filed, the Clerk or other of~icial
designated by the Council may, at the committee's request, submit the petitioner's proposed
ordinance for review as to legal suf~iciency by the Viilage Attorney and/or issue the appropriate
petition blanks to the petitioners' committee, both at the committee's expense.
Supp. No. 27 CHT:81
~ 5.02 KEY BISCAYNE CODE
(c) Petitions.
(i) Number ofsignatures. Initiative and referendum petitions must be signed by electors
of the ViTlage equal in number to at least ten percent (10%) of the total number of
electors registered to vote at the last regular Village election.
(ii) Form and content. Ah papers of a petition shall be assembled as one instrument for
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, as well as a brief description summarizing such ordinance in plain
language. The petition shall be legally sufficient.
(iii) AfJic~avit ofcirculator. Each paper of a petition shall have attached to it when filed an
at~davit executed by the circulator thereof stating that ske personally circulated the
paper, the number of signatures thereon, that all the signatures were a~ixed 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) Piling deadline. Except as otherwise provided in paragraph (ii)(B) of subsection (a) of
this Section, allinitiative and referendum petitions must be ~ed within sixty (60) days
of the date on which proceedings with respect to such initiative or referendum are
commenced.
(d) Procedure for fling.
(i) Cert~i~cate of Clerh; amendment. Within twenty (20) days after initiative petition is
filed or within five (5) days after a referendum petition is ~ed, the Clerk or other
of~cial designated by the Council shall complete a Certificate as to its legal sufficiency,
specifying,ifit is insufficient, the particulars wherein it is defective and shall promptly
send a copy of the Certificate to the petitioners' committee by certi~ed mail, return
receipt requested (the "Certificate"). Cfrounds for insufficiency are only those specified
in subsection (c) of this Section. A petition certified insuf~cient 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 ~es
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) days after it is filed the Clerk or other of~cial designated by the Council shall
complete a Certificate as to the legal sut~ciency of the petition as amended and
promptly send a copy of such Certi~cate to the petitioners' committee by certified mail,
return receipt requested, as in the case of an original petition. If a petition or amended
petition is cert~ed sufficient, or if a petition or amended petition is certified
insu~t~cient 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
Supp. No. 27 CHT:22
CHARTER g 5.02
or other of~cial designated by the Council shall promptly present his/her Certificate to
the Council and such Certificate shall then be a ~nal determination as to the
suf~ciency of the petition.
(ii) Council revietu. If a petition has been certi~ed~ insufficient~and the petitioners'
committee does not file notice of intention to amend it or if an amended petition has
been certi~ed 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 suf~ciency of the petition.
(e) Action on petitions.
(i) Action by Council. ~iVhen an initiative or referendum petition has been ~nally
determined sufficient, the Council shall promptly consider the proposed initiative
ordinance or reconsider the referred ordinance by voting its repeal, ah in the manner
provided in Article TV. 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 (30) 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 suf~cient), it shah 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.
(ii) Submission to electors. The vote of the Village on a proposed or referred ordinance shall
be held not less than thirty (30) or more than sixty (60) 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 suf~cient. If no election is to he 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 propcjsed or referred ordinance shall be
made available at the polls.-
(iii) Withdrawal ofpetitions. 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 of~cial 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 ~ing of such request, the petition shall have no further force or
effect and all proceedings thereon shall be terminated.
Supp. No. 25 CHT:23
~ 5.02 KEY BISCAYNE CODE
(f) Results ofelection.
(i) Initiative. If a majority of the quali~ed electors voting on a proposed initiative
ordinance vote in its favor, it shall be considered adopted upon certi~cation of the
election results. If conflicting ordinances are approved~ at the same election, the one
receiving the greatest number of af~ative votes shall prevail to the extent of such
conflict.
(ii) Referendum. If a majority of the quali~ed electors voting on a referred ordinance vote
against it, it shall be considered repealed upon certification of the election results.
(Ord. No. 92-18, Q 1, 8-11-92/11-3-92; Ord. No. 97-11, ~1, 4-8-97/6-10-97; Res. No. 97-15,
4-1-97/6-10-97; Res. No. 2001-60, 9-12-01/12-4-01; Res. No. 2002-21, 4-30-02/7-9-02; Res. No.
2007-13, ~A, 4-10-07/6-12-07)
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 belo-cv such ques-
tion shall appear, in the following order, the word "YES" and also the word "NO.
(Res. No. 97-15, 4-1-97/6-10-97)
ARTICLE VI. CHARTER ARIENDIMENTS
Section 6.01. Charter Amendments.
This Charter may be amended in accordance with the provisions of this Article.
(Res. No. 97-15, 4-1-97/6-10-97)
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. Theelectors of the Vii]age 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 certi~cation of the sufficiency of a petition, the Council
shall submit the proposed amendment to a vote of the electors at the next election if such
election is scheduled to be held not less than sixty (60) days or more than one hundred twenty
Snpp. No. 25 CHT:24
CHARTER ~7.03
(120) days fi·om 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 ~om the date on which the petition was certified.
(C) Results~ofelection. 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; Res. No. 97-15, 4-1-97/6-10-97; Res. No. 2002-21,
4-30-02/7-9-02)
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.
(Res. No. 97-15, 4-1-97/6-10-97)
ARTI(=LE W. GENERAL PROVISIONS*
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.
(Res. No. 97-15, 4-1-97/6-10-97)
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.
CRes. No. 97-15, 4-1-97/6-10-97)
Code referenceSeverability of Code, g 1-13.
Section 7.03. Conflicts of interest; ethical standards.
All Council Members, 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.
*Code reference--General provisions, ch. 1.
Supp. No. 25 CHT:25
~ 7.03 KEY BISCAYNE CODE
mJithout 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 Councilbefore the event or accepted and rati~ied 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, 8 1, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97)
Code referenc~--Village Council, ~ 2-21 et seq.
Section 7.04. Village personnel system; merit principle.
Ah new employments, appointments and promotions of Village of~icers and employees shall
be made pursuant to personnel procedui·es to be established by the Manager from time to time.
Such personnel procedures shall be based on principles of merit and fitness.
(Res. No. 97-15, 4-1-97/6-10-97)
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; Res. No. 97-15, 4-1-97/6-10-97)
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 Council Members 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 proceedingswithin 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 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 Village Mayoral or Council,
countywide, statewide, or federal election. Otherwise, the Council shall, not less than thirty
Supp. No. 25 CHT:26
CHARTER ~7.07
(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, 8 i, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97; Res. No. 2007-13, g B,
4-10-07/6-12-07)
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.
(Res. No. 97-15, 4-1-97/6-10-97)
Supp. No. 25 CHT:26.1
CHARTER 98.04
ARTICLE·VIII. TRANSITION PROVISIONS*
Section 8.01. Temporary nature ofArticle.
The following sections of this Article are inserted solely for the purpose of effecting the
incorporation of the Village, the transition to a new municipal government, and the transition
to two-year terms for Council Members. 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.
(Res. No. 97-15, 4-1-97/6-10-97; Res. No. 2002-21, 4-30-02/7-9-02)
Section 8.04. Taxes and fees.
Until otherwise modi~ed by the Village Council, all municipal taxes and fees imposed
within the Village boundaries by the County as the municipal government for unincorporated
*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 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 foi· 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, g i, 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 ~st 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 normRllv prescribed for
ordinances.
(Ord. No. 92-18, ~1, 8-11-92/11-3-92)
Section 8.07. Initial election of Council and Mayor.
(a) 7I-onsifion. This Section shall apply to all primary and regular elections for
Council and Mayor held on or before December 31, 1996[,1 and any conflicting
provisions of Section 5.01 shall not apply to such elections,
(b) Election c~ates. 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 ~st 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 ~st Tuesday following the first Monday of said month and year.
Supp. No. 16 CHT:27
O 8.04 KEY BISCAYNE CODE
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 condition's 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; Res. No. 97-15, 4-1-97/6-10-97)
(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[,1 and which notice shall:
(A) indicate whether the candidate seeks the office of Council Member or
Mayor;
(B) contain the candidate's certification that 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 ~Lled, if any candidates ~ere duly elected to the
Council in the primary;
(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 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).
Supp. No. 16 CH~28
CHARTER O 8.08
Section 8.08. Transition provisions to facilitate change to two-year terms.
2002 Elections. This Section shall apply to the 2002 elections for Mayor and Council
Members. Any conflicting provisions of Sections 2.04 and 5.01 shall not apply to such elections.
Elections shall be held in 2002 in the manner described in Section 5.01, except that only the
Mayor's ot~ce and Council positions held by Council Members' Scott Bass, Alan Fein, and
Robert Oldakowski shall be filled. The Council Members elected shall serve two (2) year terms.
Thereafter all elections shall be held pursuant to the procedures set forth in Section 2.04 and
Section 5.01.
(f) Maximum terms. Notwithstanding Section 2.03, any Council Member (includ-
ing 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~ve (5) consecutive years as Mayor.
(g) Induction into of~ice. Those candidates who are elected at the first regular
election shall take of~ce 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, 8 i, 8-11-92/11-3-92; Res. No. 97-15, 4-1-97/6-10-97; Res. No. 2002-21,
4-30-02/7-9-02)
Supp. No. 16 CHT:29