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HomeMy Public PortalAbout14-8831 Limiting the Terms of Office for the Mayor and Commission to 8 years Sponsored by: Commissioner Holmes RESOLUTION NO. 14-8831 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING ARTICLE II OF THE CHARTER OF THE CITY OF OPA-LOCKA, FLORIDA, BY LIMITING THE TERMS OF OFFICE FOR THE MAYOR AND COMMISSION TO EIGHT (8) CONSECUTIVE YEARS; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 4, 2014, FOR THE PURPOSE OF SUBMITTING SAID CHARTER AMENDMENT TO THE ELECTORATE AT SAID REFERENDUM; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE WHEREAS, the City Commission of the City of Opa-locka has determined that it is in the best interest of the City for a Charter Amendment to be submitted to the electorate at referendum; and WHEREAS, the proposed amendment is set forth in final form in this resolution, to be submitted to the electors of the City by means of the herein resolution; and WHEREAS, the proposed Amendment shall be submitted to the electorate at a referendum special election to be held on November 4, 2014, as called for and provided herein, and shall become effective upon approval by the electors: Resolution No. 14-8831 NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA,FLORIDA: Section 1. The recitals and findings in the preamble to this resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this section. Section 2. Article II, Section 2.1 of the Charter of the City of Opa-locks is hereby proposed to be amended by creating Sec. 2.1.1 Term Limits as follows: Section 2.1. - Election and Term of Office. The commission shall consist of the mayor and four (4) commissioners elected from the City at large in the manner and for terms provided for herein or until their successors have been elected and take office. Sec. 2.1.1 Term Limits a) No person may appear on the ballot for election or re-election to the office of Mayor or City Commissioner of the City of Opa-locka if,by the end of the current term of office, the person will have served (or, except for resignation, suspension, or removal, would have served) in office for eight (8) consecutive years. b) For purposes of this section, service as a City Commissioner shall include any service on the City Commission including_Mayor, regardless of whether the seats are specifically designated, and regardless of whether a City Commissioner seeks to run for re-election to the City Commission from another designated seat. c) Nothing herein shall be construed as preventing a City Commissioner from running for the Office of Mayor, or preventing the Mayor from running for the office of City Commissioner. However the limitation on appearing on the ballot set forth in subparagraph "a", relating to eight (8) consecutive years, shall not be altered by switching from Mayor to Commissioner, or vice versa. d) If approved by the voters, this amendment shall take effect as of the November 2014 elections, and elected service prior to November 2014, shall not be considered toward these term limits. Resolution No. 14-8831 NOTICE OF REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 4, 2014 IN THE CITY OF OPA-LOCKA, FLORIDA PURSUANT TO RESOLUTION NO 14-8831 A Referendum Special Election will be held on November 4, 2014, from 7:00 a.m. to 7:00 p.m. in the City of Opa-locka, Florida, at the polling places in the several elections precincts designated by the Board of County Commissioners of Miami-Dade County, Florida, as set forth herein, unless otherwise provided by law, for the purpose of submitting to the qualified electors of the City of Opa-locka, Florida, the following question: Question 1: Shall Article II, Section 2.1, of the City of Opa-locka Charter be amended to create Section 2.1.1, which would limit the terms of office for the Mayor and City Commissioners to eight (8) consecutive years, if by the end of the current term of office, the person will have served in office for eight (8) consecutive years, to take effect as of November 2014? Yes No Charter Amendment No.1, provides that the Mayor and City Commission shall be limited to terms of eight (8) consecutive years, if by the end of the current term of office, the person will have served in office for eight (8) consecutive years, to take effect as of November 2014. Resolution No. 14-8831 By Order of the City Commission of the City of Opa-locka, Florida CITY CLERK A list of City of Opa-locka polling places follows; (Insert List of City of Opa-locka polling places) Section 3. The official ballot to be used at said election shall be in full compliance with the laws of the State of Florida, and shall be in substantially the following form, to wit: OFFICIAL BALLOT SPECIAL MUNICIPAL ELECTION NOVEMBER 4, 2014 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: Question 1: Shall Article II, Section 2.1, of the City of Opa-locks Charter be amended to create Section 2.1.1, which would limit the terms of office for the Mayor and City Commissioners to eight (8) consecutive years, if by the end of the current term of office, the Resolution No. 14-8831 person will have served in office for eight (8) consecutive years, to take effect as of November 2014? Yes No Charter Amendment No.1, provides that the Mayor and City Commission shall be limited to terms of eight (8) consecutive years, if by the end of the current term of office, the person will have served in office for eight(8) consecutive years, to take effect as of November 2014. Section 4. The City Clerk shall cause to be prepared absentee ballots containing the question set forth in Section 3 above for the use of absentee electors entitled to cast such ballots in said municipal election. Section 5. JOANNA FLORES, the City Clerk of the City of Opa-locka, Florida, or her duly appointed successor, is hereby designated and appointed as the official representative of the City Commission of the City of Opa-locka, Florida, in relation to matters pertaining to the use of the registration books and the holding of said special municipal election. Section 6. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami-Dade County, Florida. Resolution No. 14-8831 Section7. This Resolution shall become effective immediately upon its adoption. THIS 30th DAY OF 2014. MOTION FAILED Y A T YLOR AYOR Attest to: oanna Flores City Clerk Approved as to form and legal sufficiency: I ph . Geller E SPOON MARDER, PA It torney I Moved by: COMMISSIONER HOLMES Seconded by: COMMISSIONER SANTIAGO Commission Vote: 4-1 Commissioner Holmes: YES Commissioner Johnson NO Commissioner Santiago NO Vice-Mayor Kelley NO Mayor Taylor: NO