HomeMy Public PortalAbout2005-11 Amending Charter re Elections Elimination of Primary Elections for Council MembersORDINANCE NO. 2005-11
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, PROVIDING FOR AMENDMENT OF THE
VILLAGE CHARTER BY AMENDING SECTION 5.01
"ELECTIONS"; TO PROVIDE FOR ELIMINATION OF
PRIMARY ELECTIONS FOR COUNCIL MEMBERS AND TO
INSTEAD PROVIDE FOR COUNCIL MEMBERS TO BE
ELECTED AT A SINGLE ELECTION; RETAINING
PRIMARY ELECTION FOR OFFICE OF MAYOR; CALLING
AN ELECTION ON THE PROPOSED AMENDMENT 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 a proposed Charter amendment 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.
1 / Underlined text is proposed to be added to existing Charter text; strikethrough text is
proposed to be deleted from the existing Charter text.
Section 2. Charter Amended.
That Section 5.01 "Elections" of the Village Charter, is amended by revising that Section to
read, as follows:
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.
(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 office of Mayor shall be held in
each even -numbered year on the first Tuesday following the first Monday of
October. A regular election for Mayor and Council positions 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 mayoral
primary and all, 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. 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 -for
and shall instruct electors to cast one (1)
vote for Mayors
of -one -(-1-)- vote -per candidate:
(e) Regular Election. The ballot for 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 shall also contain the
names of the qualified 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 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 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 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 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.
(j) 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:
"Elimination of Primary Elections for Councilmembers.
The Village Charter provides for the Mayor and Councilmembers to be elected by an
election system which includes primary and regular elections. A Charter amendment
is proposed which provides for Councilmembers to be elected at a single regular
election at which the candidates receiving the most votes for the available Council
positions are elected. Primary elections are to be retained for the office of Mayor.
Shall the above -described Charter amendment be adopted?
YES [
NO [
l
]"
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.
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
4
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. If conflicting Charter amendments are adopted at the same
election, the one receiving the greatest number of affirmative votes shall prevail to the extent of such
conflict. Further, in the event of such conflict, the Village Attorney is authorized to revise the
Charter to the extent necessary to assure that any amendments adopted conform to one another and
are properly included in the publication of the revised Charter.
6
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,
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.
PASSED AND ADOPTED on first reading this 14th day of June , 2005.
PASSED AND ADOPTED on second reading this 5th day of July , 2005.
7
("J27 (d i L, --'
MAYOR ROBERT OLDAKOWSKI
ATT
Afi.
HITA H. ALVAREZ, CMC, VILLAGE CLERK
APPROVED AS TO FORM AND LEGAL SUFFICIENC
F:/103.001/Ordinances/ Second Version of Amending Section 5.01 Elections 5.26.05
8
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 advertisement,
being a Legal Advertisement of Notice in the matter of
VILLAGE OF KEY BISCAYNE - ORDINANCE - JULY 5, 2005
ORDINANCE AMENDING SECTION 5.01 "ELECTIONS", ETC.
in the XXXX Court,
was published in said newspaper in the issues of
06/23/2005
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 is adv 'sem nt for publication in the said
newspap
Sworn to and subscribed before me this
(SEAL)
Maw I. Mess
' 't�i-r�r"r'iubn
O.V. FERBEYRE personally D0223856
w N�' Expires March 04, 2008
VILLAGE OF KEY BISCAYNE
OFFICE OF THE VILLAGE CLERK
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, July 5, 2005 at 7:00 p.m., in the Coun-
cil Chamber, located at 560 Crandon Boulevard, Key Biscayne, Florida:
AN ORDINANCE OF THE VILLAGE OF KEY BISCAYNE,
FLORIDA, PROVIDING FOR AMENDMENT OF THE VILLAGE
CHARTER BY AMENDING SECTION 5.01 "ELECTIONS"; TO
PROVIDE FOR ELIMINATION OF PRIMARY ELECTIONS
FOR COUNqL LINEMBEVIS AND TO INSTEAD PROVIDE FOR
COUNCIL MEMBERS TO BE ELECTED AT A SINGLE ELEC-
TION; RETAINING PRIMARY ELECTION FOR OFFICE OF
MAYOR; CALLING AN ELECTION ON THE PROPOSED
AMENDMENT TO THE VILLAGE CHARTER TO BE HELD ON
A DATE WHICH IS SET BY.RESOLUTION OF THE VILLAGE
COUNCIL; PROVIDING FOR SUBMISSION TO THE ELEC-
TORS FOR APPROVAL OR DISAPPROVAL OF THE CHAR-
TER AMENDMENT SET FORTH HERgIN; PROVIDING FOR
REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCE-
DURE FOR BALLOTING; PROVIDING FOR NOTICE OF
ELECTION; PROVIDING FOR INCLUSION IN THE CHARTER;
PROVIDING FOR SEVERABILITY; AND PROVIDING FOR AN
EFFECTIVE DATE.
The proposed Ordinance may be inspected by the public at the Office of
the Village Clerk. Interested parties may appearat the Public Hearing and
be heard with respect to the proposed Ordinance. Any person wishing to
address the Village Council on any 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 per-
sons who are disabled and who need special accommodations to partici-
pate 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 busi-
ness 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 submit-
ted in writing and or presented in person at the public hearing.
Conchita H. Alvarez CMC
Village Clerk
6/23 05-4-64/559640M