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Home My Public Portal About1997-11 Amending the VKB Charter Initiative and ReferendumORDINANCE NO. 97-11 AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, PROVIDING FOR AMENDMENT OF THE VILLAGE CHARTER BY AMENDING SECTION 5.02, "INITIATIVE AND REFERENDUM" TO PROVIDE FOR TIME LIMIT FOR COMMENCEMENT OF PROCEEDINGS FOR THE EXERCISE OF REFERENDUM POWER CONCERNING ANY ORDINANCE AUTHORIZING ISSUANCE OF DEBT; AMENDING SECTION 7.05, "CHARITABLE CONTRIBUTIONS" TO PROVIDE FOR REVISION OF COUNCIL VOTE REQUIREMENT FOR CHARITABLE CONTRIBUTIONS AND TO PROVIDE FOR COUNCIL VOTE REQUIREMENT FOR ISSUANCE OF GRANTS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR SEVERABILITY, PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING FOR ADOPTION OF ENABLING RESOLUTION; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, Section 6.02(a) (i) of the Charter of the Village of Key Biscayne provides that the Council may, by ordinance, propose amendments to the Charter subject to approval by the electorate at the next general election or at a special election called for such purpose; and WHEREAS, the Council has determined to submit certain proposed Charter amendments for approval or disapproval by the electors, in addition to the proposals recommended by the Charter Revision Commission. NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS1: Section 1. That Section 5.02, "Initiative and referendum" of the Village Charter, is amended by revising paragraph (ii) (A) of subsection (a) of this Section to read as follows: 1 Underlined text has been added; ctruck through text has been deleted from existing language. Section 5.02. Initiative and referendum. (a) Power to initiate and reconsider ordinances. (i) Initiative. The electors of the Village shall have power to propose ordinances to the Council and, if the Council fails to adopt an ordinance so proposed without any change in substance, to adopt or reject it at a Village election, provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees. (ii) Referendum. (A) The electors of the Village shall have power to require reconsideration by the Council of any adopted ordinance and, if the Council fails to repeal an ordinance so reconsidered, to approve or reject it at a Village election, provided that such power shall not extend to the annual budget or capital program or any ordinance appropriating money, levying taxes or setting salaries of Village officers or employees. The referendum power described in paragraph (ii) (A) of this subsection (a) shall not be available to require reconsideration of an ordinance authorizing the issuance of debt unless proceedings with respect to the referendum are commenced within thirty (30) days after the date of adoption of the ordinance. Section 2. That Section 7.05, "Charitable Contributions" of the Village Charter is amended to read as follows: Section 7.05. Charitable contributions. The Village shall not make any charitable contributions to any person or entity, except such contributions as have been approved by all 3cvcn (7) five (5) Council Members. Section 3. That Section 7.05, "Charitable Contributions" of the Village Charter is amended to read as follows: Section 7.05. Grants and Charitable contributions. The Village shall not make any grants or charitable contributions to any person or entity, except such grants as have been approved by five (5) Council Members or contributions as have been approved by all seven (7) Council Members. Section 4. Form of Ballot. The form of ballot for the Charter amendments provided for in Sections 1, 2 and 3 of this Ordinance shall be as follows: TIME FOR REFERENDUM PROCEEDINGS CONCERNING ORDINANCE AUTHORIZING ISSUANCE OF DEBT The current Village Charter does not generally provide a time limit for commencement of proceedings for exercise of the referendum power to require the Village Council to reconsider an ordinance. The Village Council has proposed that the Charter be amended to require referendum proceedings to be commenced within thirty (30) days of ordinance adoption for the reconsideration of any ordinance authorizing the issuance of debt. Shall the above described amendment be adopted? Yes [ ] No [ ] CHARITABLE CONTRIBUTIONS TO REQUIRE FIVE (5) COUNCIL MEMBER VOTES The current Village Charter requires that no charitable contribution be made unless approved by all seven (7) Council Members. The Village Council has proposed that the Charter be amended to require that no charitable contribution be made by the Village unless it has been approved by the affirmative vote of five (5) Council members. Shall the above described amendment be adopted? Yes [ ] No [ ] GRANTS TO REQUIRE FIVE (5) COUNCIL MEMBER VOTES The Village Council has proposed that instead of amending the Charter to require that no grant be made by the Village unless it has been approved by all seven (7) Council Members, as recommended by the Charter Revision Commission, that the Charter be amended to require the affirmative vote of five (5) Council Members for grant approval Shall the above described amendment be adopted? Yes [ ] No [ ] Section 5. Severability. 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 6. Inclusion in the Charter. It is the intention of the Village Council and it is hereby ordained that the provisions of this Ordinance shall become and made a part of the Charter of the Village of Key Biscayne as to each Charter amendment measure approved by a majority of voters voting on such measure in such election; that the sections of this Ordinance may be renumbered or relettered to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section" or other appropriate word. Section 7. Enabling Resolution. The Village Council shall provide for enactment of an enabling resolution submitting the proposed amendments to the electorate pursuant to Section 5.03 of the Dade County Charter. Section 8. Effective Date. This Ordinance shall be effective upon adoption on second reading, and each of the Charter amendment measures provided herein shall be effective only upon approval of a majority of electors voting on the measure, effective upon certification of the election results. If conflicting amendments are adopted at the same election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such conflict. PASSED AND ADOPTED on first reading this 1st day of April , 1997. PASSED AND ADOPTED on second reading this 8th April , 1997 ,, ..- ,--,-,4,- R JOHN F. FESTA Village Clerk Approved as to form and legal sufficiency Village Attorney day of \103001\ordinanc\ballot.m21 MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday and Legal Holidays Miami, Dade County, Florida. STATE OF FLORIDA COUNTY OF DADE: Before the undersigned authority personally appeared Octelma V. Ferbeyre, who on oath says that she is the Supervisor, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper, published at Miami in Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of VILLAGE OF KEY BISCAYNE MEETING - APRIL 8, 1997 AN ORDINANCE AMENDING SECTION 5.02, "INITIATIVE AND REFERENDUM", ETC. in the ) XXN£M Court, was published in said newspaper in the issues of Mar 28, 1997 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Dade County, Florida, and that the said newspaper has heretofore been continuously published in said Dade County, Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of .advertisement; and affiant further says that she has neither paid nor promised any pe • -, or corporation any disco . : te, commissi • • r , = fund • r the purpose of .sec ng ; s advertise ' or • ublica on in the said new S • m to and subscri •28 March (SEAL) re me this 97 .D. 19 OFFICIAL NOTARY SEAL G� JANETT LLERENA Octelma V. FerbeIrt 'in°wndefiNISSIOri NUMBER ? Q CC566004 F o' MY COMMISSION EXPIRES OF F\ -O JUNE 23,2000 VILLAGE OF KEY BISCAYNE OFFICE OF THE VILLAGE CLERK PUBLIC NOTICE Notice is hereby given that the following ordinance will be consid- ered on Second -Reading by the Key Biscayne Village Council at a meeting to be held on Tuesday, April 8, 1997, at 7.00 p.m., in the Council Chamber, located gat 85 West McIntyre Street, Second Floor, Key Biscayne. Florida: AN ORDINANCE OF fHE VILLAGE OF KEY BISCAYNE, FLORIDA PROVIDING FOR AMENDMENT OF THE VIL- LAGE CHARTER BY AMENDING SECTION 5.02, "INITIATIVE AND REFERENDUM" TO PROVIDE FOR TIME LIMIT FOR COMMENCEMENT OF PROCEEDINGS FOR EXERCISE OF REFERENDUM POWER CONCERNING AN ORDINANCE AUTHOR1ZIN3• ISSUANCE OF DEBT; AMENDING SECTION , 7.05, "CHARITABLE CONTRIBU- TION" TO PROVIDE FQR REVISION OF COUNCIL VOTE REQUIREMENT FOR CHARITABLE CONTRIBUTIONS AND TO PROVIDE FOR COUNCIL VOTE REQUIREMENT FOR ISSUANCE OF GRANTS; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO ELECTORS; PROVIDING FOR SEVERABILITY, PROVIDING FOR IN- CLUSION IN THE CHARTER' PROVIDING FOR ADOPTION OF ENABLING RESOLUTION; PROVIDING FOR AN EF- FECTIVE DATE. Interested parties are invited to appear and be heard. A copy of the proposed ordinance maybe obtained at Village Hall, Office of the Vil- lage Clerk, 91 West•Mclntyre Street, Suite 201, Key Biscayne, Florida 33149. interested parties may appear at the Public Hearing and be heard with respect to the proposed ordnance. The final adoption of this Ordinance on April 8, 1997 is subject to the adoption of this Ordinance on first reading on April 1, 1997. In accordance with the Americans With Disabilities Act of 1990, all persons who are disabled and who need special accommodations to participate in this proceeding because of that disability should contact the Office of the Village Clerk, 91 West McIntyre Street, Suite 201, Key Biscayne, Florida 33149, telephone number (305) 365-5506, not later than two business days prior to such proceeding. Should any person desire to appeal any decision of the Village Council with respect to any matter to be considered at this meeting, that person shall insure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based (F.S. 286.0105). Conchita H. Alvarez Village Clerk 3/28 97404804M 804M