HomeMy Public PortalAbout2005-04 Amending Village Charter re Council Members Elections, Terms of OfficeORDINANCE NO. 2005-4
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, PROVIDING FOR AMENDMENT OF THE
VILLAGE CHARTER BY AMENDING SECTION 2.03
"ELECTION AND TERM OF OFFICE" AND SECTION 5.01
"ELECTIONS"; REVISING CHARTER PROVISIONS
WHICH CURRENTLY PROVIDE FOR A TWO (2) YEAR
TERM OF OFFICE FOR COUNCIL MEMBERS TO PROVIDE
FOR A FOUR (4) YEAR TERM OF OFFICE FOR COUNCIL
MEMBERS AND TO INCLUDE PROVISIONS PROVIDING
FOR TRANSITION FROM THE TWO (2) YEAR TERM TO
THE FOUR (4) YEAR TERM AND PROVIDING FOR
STAGGERED TERMS OF OFFICE BY REQUIRING THAT
THE THREE COUNCIL MEMBERS WHO RECEIVE THE
MOST VOTES AT THE 2006 COUNCIL ELECTION SHALL
BE ELECTED FOR A FOUR (4) YEAR TERM OF OFFICE
AND THE REMAINING THREE (3) COUNCIL MEMBERS
WHO ARE ELECTED IN 2006 SHALL RECEIVE A TWO (2)
YEAR TERM OF OFFICE; RETAINING TWO (2) YEAR
TERM OF OFFICE FOR MAYOR; AND PROVIDING FOR
ELECTIONS TO BE HELD IN EACH EVEN -NUMBERED
YEAR AFTER 2006 FOR MAYOR AND THREE COUNCIL
POSITIONS; CALLING AN ELECTION ON PROPOSED
AMENDMENTS TO THE VILLAGE CHARTER TO BE HELD
ON A DATE WHICH IS SET BY RESOLUTION OF THE
VILLAGE COUNCIL; PROVIDING FOR SUBMISSION TO
THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF
THE CHARTER AMENDMENT SET FORTH HEREIN;
PROVIDING FOR REQUISITE BALLOT LANGUAGE;
PROVIDING FOR PROCEDURE FOR BALLOTING;
PROVIDING FOR NOTICE OF ELECTION; PROVIDING
FOR INCLUSION IN THE CHARTER; PROVIDING FOR
SEVERABILITY; AND 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 proposed Charter amendments for
approval or disapproval by the electors, as provided in this Ordinance.
NOW, THEREFORE, BE IT ORDAINED BY THE VILLAGE COUNCIL OF THE
VILLAGE OF KEY BISCAYNE, FLORIDA, AS FOLLOWS:'
Section 1. Recitals Adopted. That each of the above stated recitals is hereby adopted
and confirmed.
Section 2. Charter Amended.
That Section 2.03 "Election and Term of Office" and Section 5.01 "Elections" of the Village
Charter, are amended by revising those Sections to read, as follows:
Section 2.03. Election and Term of Office.
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 office by providing for Council Members to be elected at -large
for a four (4) year term by the electors of the Village 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 of government. 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.
No person shall serve as Mayor for more than two (2) consecutive elected terms, and
no person may serve on the Council, or as any combination of Mayor and Council
Member, for more than eight (8) consecutive years.
Section 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 prescribed by law shall
be an elector of the Village.
1 / Underlined text is proposed to be added to existing Charter text; stri 'otigh text is
proposed to be deleted from the existing Charter text.
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(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 shall be held in each even -numbered year
on the first Tuesday following the first Monday of October. A regular
election shall be held in November of each even -numbered year, on the same
day U.S. congressional elections are held, or if none are held in any year, on
the first Tuesday following the first 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 primary, regular and special elections for the election of the
Mayor and/or Village Council and provide for the orderly transition of office
resulting from such date changes.
(d) Primary elections.
1. 2006 Primary election. This paragraph 1. shall apply only to the
2006 primary election. There shall be no primary election for Mayor
if no more than two candidates qualify to run for the office of Mayor.
There shall be no primary election for Council if no more than twelve
candidates qualify to run for the six Council positions. In the event
that a primary election is not necessary, as described above, the
qualified candidates' names 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 for each of the six (6) Council positions,
and shall instruct electors to cast one (1) vote for Mayor and no more
than six (6) votes for Council, with a maximum of one (1) vote per
candidate.
2. 2008 and subsequent primaries. This paragraph 2. shall apply only
to primary elections held in 2008 and thereafter. There shall be no
primary election for Mayor if no more than two candidates qualify to
run for the office of Mayor. There shall be no primary election for
Council if no more than six candidates qualify to run for the three (3)
Council positions. In the event that a primary election is not
necessary, as described above, the qualified candidates' names 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 for each of the
three (3) Council positions, and shall instruct electors to cast one (1)
vote for Mayor and no more than three (3) votes for Council, with a
maximum of one (1) vote per candidate.
(e) Regular Elections.
1. 2006 regular election. This paragraph 1. shall apply only to the 2006
regular election. The ballot for the regular election shall contain the
names of the two candidates for Mayor who received the most votes
in the primary election. The ballot for the regular election shall also
contain the names of the twelve candidates for Council who received
the most votes in the primary election. The ballot shall instruct
electors to cast one vote for Mayor and to cast a number of votes for
the Council not greater than the number of the six (6) contested
Council positions, with a maximum of one vote per candidate. The
candidate for Mayor receiving the most votes shall be the duly elected
Mayor. The six (6) candidates for Council receiving the most votes
shall be duly elected to the six (6) positions on the Council.
2. 2008 and subsequent regular elections. This paragraph 2. shall apply
only to regular elections held in 2008 and thereafter. The ballot for
the regular election shall contain the names of the two candidates for
Mayor who received the most votes in the primary election. The
ballot for the regular election shall also contain the names of the six
(6) candidates for Council who received the most votes in the primary
election. The ballot shall instruct electors to cast one vote for Mayor
and to cast a number of votes for the Council not greater than the
number of the three (3) contested Council positions, with a maximum
of one vote per candidate. The candidate for Mayor receiving the
most votes shall be the duly elected Mayor. The three (3) candidates
for Council receiving the most votes shall be duly elected to the three
(3) positions on the Council.
0 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 primary election results in two or more candidates receiving
a tie vote such that the number of candidates to be placed on the ballot for the
regular election would exceed the limitations in subsection (e), all candidates
receiving a tie vote shall be listed on the 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 or more candidates for either the office of
Mayor or Councilmember, the tie vote shall be decided by lot under the
direction of the Village Clerk.
(h) Single candidates. In the event that the number of persons who qualify as
candidates for the Council Member positions to be filled at an election is
equal to or less than the number of positions to be filled 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 votes. 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.
0) 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.
Section 3. Form of Ballot.
The form of ballot for the Charter amendment provided for in Section 2 of this Ordinance
shall be, as follows:
"Term of Office of Council Members.
The Village Charter provides for Council Members to be elected for terms of two
years. A Charter amendment is proposed which provides for Council Members
to be elected for terms of four years, with the transition of term length being made
at the 2006 and 2008 elections, so that the expiration of Council terms is
staggered. The Mayor shall continue being elected for terms of two years.
Shall the above -described Charter amendment be adopted?
YES [
NO [
]
]"
Section 4. Election Called; Ballot; Notice, etc.
a. The Village Council shall by Resolution timely call an election to present to
the electors of the Village the Charter amendment ballot question provided in Section 3 above.
b. The balloting shall be conducted between the hours of 7:00 a.m. and 7:00 p.m.
at the regular polling places for Village elections or as otherwise provided by law. All qualified
electors residing within the Village who are timely registered shall be entitled to vote.
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c. Notice of said election shall be published in accordance with Section 100.342,
Florida Statutes, in a newspaper of general circulation within the Village at least thirty (30) days
prior to said election, the first publication to be in the fifth week prior to the election, and the second
publication to be in the third week prior to the election, and shall be in substantially the following
form:
"NOTICE OF ELECTION.
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO AN
ENABLING ORDINANCE AND RESOLUTION DULY ADOPTED BY THE
VILLAGE COUNCIL OF THE VILLAGE OF KEY BISCAYNE, FLORIDA,
(THE "VILLAGE"), AN ELECTION HAS BEEN CALLED AND ORDERED
TO BE HELD WITHIN THE VILLAGE ON , THE _DAYOF
, 200 BETWEEN THE HOURS OF 7:00 A.M. AND 7:00
P.M., AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT
PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS
OF THE VILLAGE.
"Term of Office of Council Members.
The Village Charter provides for Council Members to be elected for terms of two
years. A Charter amendment is proposed which provides for Council Members
to be elected for terms of four years, with the transition of term length being made
at the 2006 and 2008 elections, so that the expiration of Council terms is
staggered. The Mayor shall continue being elected for terms of two years.
Shall the above -described Charter Amendment be adopted?
YES { ]
NO [ ]"
Polling place information and the full text of the enabling Ordinance are available at the Office of
the Village Clerk.
VILLAGE CLERK"
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The Council may by Resolution revise the Ballot question and corresponding Notice of Election
which are set forth above. Notices of Election for any other Charter amendments may be combined
with this Notice of Election by the Village Clerk.
d. The registration books shall remain open at the Office of the Miami -Dade County
Supervisor of Elections until the date at which the registration books shall close in accordance with
the provisions of the general election laws.
e. The Village Clerk, with necessary assistance from the Miami -Dade County
Supervisor of Elections, is hereby authorized to take all appropriate actions necessary to carry into
effect and accomplish the electoral provisions of this Ordinance. The Village Clerk is authorized
to arrange for early voting as authorized by law.
f. This election shall be canvassed by the Village Clerk in accordance with the
provisions of Section 2-102 of the Village Code and any applicable provisions of the general election
laws or by the County Canvassing Board at the request of the Village Clerk.
g.
Copies of this Ordinance are available for public inspection during regular business
hours at the Office of the Village Clerk.
Section 5. Effectiveness of Charter Amendment. The Village Charter Amendment
described in Section 2 above, shall only be effective if a majority of the qualified electors of the
Village voting at the Charter amendment election held for such purpose, pursuant to Sections 3 and
4 hereof, vote for its adoption, and shall be considered adopted and effective upon certification of
the election results as provided herein.
Section 6. Severability. The provisions of this Ordinance are declared to be severable
and if any section, sentence, clause or phrase of this Ordinance shall be held to be invalid or
unconstitutional, such decision shall not affect the validity of the remaining sections, sentences,
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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 7. Inclusion in the Charter. It is the intention of the Village Council, and it is
hereby ordained that the provisions of Section 2 of this Ordinance shall become and be made a part
of the Charter of the Village of Key Biscayne, Florida, as to any 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; that the word "Ordinance"
shall be changed to "Section" or other appropriate word.
Section 8. Effective date. Following adoption of this Ordinance on second reading, this
Ordinance shall be effective immediately upon the adoption of a Resolution which sets the date of
the Charter amendment election. Any Charter amendment measure provided herein shall be
effective only upon approval of a majority of electors voting on the measure, effective upon
certification of the election results, and shall be applicable to elections conducted commencing in
2006 as provided herein.
PASSED AND ADOPTED on first reading this 12th day of April , 2005.
PASSED AND ADOPTED on second reading this 10th day of May , 2005.
/k9(cLt 7, L.
MAYOR ROBERT OLDAKOWSKI
CONCHITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS ' O ' ORM AND LEGAL SUFFICIENC
VILLAGE AT
F:/103.001/Ordinances/ e . ing Section 2.03 Election and Term of Office 3.18.05
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VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
•
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Miami -Dade County, Florida
STATE OF FLORIDA
COUNTY OF MIAMI-DADE:
Before the undersigned authority personally appeared
O.V. FERBEYRE, who on oath says that he or 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 Miami -Dade
County, Florida; that the attached copy of advertiscment,
being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE - ORDINANCE - MAY 10, 2005
ORIDNANCE AMENDING SECTION 2.03, ETC.
in the XXXX Court,
was published in said newspaper in the issues of
04/28/2005
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Miami -Dade
County, Florida and that the said newspaper has
heretofore been continuously published in said Miami -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 Miami -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 he or
she has neither paid nor promised any person, firm or corporation
any discount, rebate, commission or refund for the purpose
of securing thi(adverti - e for publication in the said
newspape
Sworn to and subscribed before me this
,
(SEAL)
O.V. FERBEYRE personally
Mara i Mesa
mM,4 Commission DD293855
Exrvres March 04, 2008
PUBLIC NOTICE
Notice is hereby given that the following ordinance will be considered on
Second Reading by the Village Council of the Village of Key Biscayne at
a meeting to be held on'Tuesday, May 10, 2005 at 7:00 p.m., in the
Council Chamber, located at 560 Crandon Boulevard, Key Biscayne,
`Florida:
AN -ORDIONCE OF THE VILLAGE .OF KEY BISCAYNE,
FLORIDA,:PROYIDING FOR AMENDMENT OF THE VILLAGE
CHARTER, BY _ DING SECTION 2.03 "ELECTION AND
TERM OF " AND SECTION 5.01 r "ELECTIONS";
REVISING CH R PROVISIONS W ` CURRENTLY
PROVIDE FOR A TWO (2) YEAR "TERM OF OFFICE FOR
COUNCLl l� E TO PROVIDE FOR A'FOUR (4} YEAR
TERM OF FOR COUNCIL MEMBERS A TO
INCLUDE P _ PROVIDING FOR TRANSITION
FROM THE YEAR TERM TO THE FOUR (4) YEAR
TERM AND FOR STAGGERED TERMS OF
OFFICE BY THAT THE THREE COUNCIL
MEMBERS WHO VE THE MOSTVOTES AT THE 2006
COUNCIL EL IA"A l BE ELECTED FOR A FOUR (4)
YEAR TERM AND HE REMAINNG THREE (3)
COUNCIL 111(0. ME ELECTED IN 2006 SHALL
RECEIVE A TWO TERM OF OF `' RETAINING
TWO (2) YEAR' i SCE ' FOR MAYOR; AND
PROVIDING fOR, TO -BE HELD IN EACH EVEN -
NUMBERED YEAR FOR MAYOR AND THREE
COUNCIL POMEN`�TO AN ELECTION ON PRO-
POSEb AMEN TS TILE VILLAGE CHARTER TO BE
HELD ON 'A DATE WHICH~ IS SET BY RESOLUTION OF THE
VILLAGE COUNCIL; PROVIDING FOR SUBMISSION TO THE
ELECTORS FOR APPROVAL OR DISAPPROVAL OF THE
CHARTER AMENDMENT SET FORTH HEREIN; PROVIDING
FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR
PROCEDURE FOR BALLO� TING; PROVIDING FOR NOTICE
OF ELECTION;' PROVIDING FOR INCLUSION IN THE
CHARTER; PROVIDING FOR SEVERABILITY; AND
PROVIDING FOR AN'EFFECTIVEDATE.
The proposed Ordinance,may be inspected by the -public at the Office of
the Village Clerk. Irt sted parties may appear at the Public Hearing
and be heard with respect,to the proposed Ordinance. Any person
wishing to address the Village Council on aiy Item at this Public Hearing
is asked to register with the Village Clerk prior to that item being heard.
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, 88 West McIntyre Street, Suite 220, 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).
Comments of any interested party relative to this matter may be
submitted in writing and or presented in person at the public hearing.
Conchita H. Alvarez, CMC
Village Clerk
4/28 05-4-42/540660M