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