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Home My WebLink AboutO-2008-032 Charter Amendment 2 Year Mayor ORDINANCE NO. 2008-032 AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING AN ELECTION ON A PROPOSED AMENDMENT TO THE CITY CHARTER TO BE HELD ON TUESDAY, MARCH 10, 2009; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF A CHARTER AMENDMENT TO PROVIDE FOR THE ELECTION OF A MAYOR FOR A TWO YEAR TERM AND A VICE MAYOR FOR A ONE YEAR TERM AT EACH GENERAL ELECTION, BASED UPON OBTAINING THE RESPECTIVE HIGHEST NUMBER AND SECOND HIGHEST NUMBER OF VOTES OF ALL COMMISSION CANDIDATES ELECTED, AND PROVIDING FOR SELECTION OF THE VICE-MAYOR FOR THE SUBSEQUENT ONE YEAR PERIOD BY THE CITY COMMISSION FROM AMONG ITS MEMBERS; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Section 166.031, Florida Statutes, and following City Commission review and action upon the "straw vote" taken at the City election at the November 4, 2008 general election, the City Commission has caused the final drafting and preparation of a proposed amendment to the City Charter for submission to the electors of the City; and WHEREAS,the City Commission desires to submit the proposed Charter amendment to the electors of the City; NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, AS FOLLOWS: Section 1. Election Called. That an election is called for Tuesday, March 10, 2009, to present to the electors of the City of Dania Beach (the "City") the ballot question provided in Section 4 of this Ordinance. Section 2. Vote At Polls. That balloting shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. at the regular polling places for City elections or as otherwise provided by the Broward County Supervisor of Elections in accordance with applicable law. All qualified electors residing within the City who are timely registered shall be entitled to vote. Early voting may be provided as authorized by law. Section 3. Notice. That notice of the election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least thirty (30) days prior to the 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 GIVEN THAT PURSUANT TO AN ENABLING ORDINANCE DULY ADOPTED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA (THE "CITY"), AN ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY, MARCH 10, 2009, BETWEEN THE HOURS OF 7:00 AM AND 7:00 PM, AT WHICH TIME THE FOLLOWING CHARTER AMENDMENT PROPOSITION SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY. There is one (1) proposed amendment to the City Charter, which proposal is commonly referred to by the following ballot title: 1. Election of Mayor for Two Year Term and Selection Process for Vice—Mayor The City Charter provides that the Commission candidates receiving the most votes be designated as Mayor and Vice-Mayor respectively for one year, with Vice-Mayor subsequently being elevated to Mayor. Shall the Charter be amended to provide that the Commission candidate receiving the most votes shall serve as Mayor for two years, the candidate receiving the second most votes shall serve as Vice-Mayor for one year to be subsequently succeeded by any commissioner selected by the Commission? 2 ORDINANCE#2008-032 Yes_ No Polling place information, as well as the full text of the proposed City Charter amendments and the enabling ordinance for this election, are available at the Office of the City Clerk, located at 100 West Dania Beach Boulevard, Dania Beach, FL 33004. Contact: Louise Stilson, City Clerk The City Clerk may combine this Notice of Election with other Notices of Election for any other Charter amendments. Section 4. Form of Ballot. That the form of ballot for the proposed Charter amendment shall be as follows: ELECTION OF MAYOR FOR TWO YEAR TERM AND SELECTION PROCESS FOR VICE—MAYOR 1. Election of Mayor for Two Year Term and Selection Process for Vice—Mayor The City Charter provides that the two Commission candidates receiving the most votes be designated as Mayor and Vice-Mayor respectively for one year, with Vice-Mayor being elevated to Mayor. Shall the Charter be amended to provide that the Commission candidate receiving the most votes shall serve as Mayor for two years, the candidate receiving the second most votes shall serve as Vice-Mayor for one year to be succeeded by any commissioner selected by the Commission? Yes_ No Section 5. Charter Amended by Replacing Certain Provisions. That the following provisions are proposed to be established in the City Charter pursuant to approval of the electorate. These provisions will replace current, similar Charter provisions, but provide for revised procedures, new procedures or both. a) Section 5 of the current City Charter entitled "Election of Mayor and Vice- Mayor", of Article 1 entitled "City Commission", of Part II, entitled "Legislative Branch and 3 ORDINANCE#2008-032 Legislation", a copy of which Section is attached, marked Exhibit "A" and incorporated by this reference, is repealed, and in its place, a new Section 5, entitled "Election of Mayor and Vice- Mayor" is adopted. Such new Section 5 shall read as follows: "Sec. 5. Election of Mayor and Vice-Mayor. At the organizational meeting of the city commission to be held on Tuesday following the municipal election, and at each biennial organizational meeting held every two years thereafter, the city commission candidate receiving the highest number of votes in such election shall become mayor for a term of two years. The candidate receiving the second highest number of votes shall become the vice-mayor for a term of one year. After the one year passes, a vice- mayor will be selected by the city commission from among its members and he or she shall serve until the next biennial organizational meeting. A commissioner may be selected to serve as vice- mayor for successive periods. Any vacancy in the office of mayor or vice-mayor shall be filled by a vote of the city commission." Section 6. Registration. That the County registration books shall remain open at the office of the Broward County Supervisor of Elections until February 9, 2009, at which date the registration books shall close in accordance with the provisions of the general election laws. Section 7. Implementation. That the City Clerk, with any necessary assistance and services from the Broward County Supervisor of Elections, is authorized to take all appropriate actions necessary to carry into effect and accomplish the provisions of this Ordinance. Section 8. Procedure; Returns. That the election returns shall be canvassed by the Broward County Canvassing Board as required by law. Section 9. Copies Available. That copies of this Ordinance proposing the Charter amendments are on file in the office of the City Clerk located at 100 West Dania Beach Boulevard Dania Beach Florida 33004 and are available for public inspection during regular business hours. Section 10. Result of Balloting. That if a majority of the qualifying electors voting on the proposed Charter amendment vote for its adoption, it shall be considered adopted and effective upon certification of the election results. 4 ORDINANCE#2008-032 Section 11. Application of Amendments. That the Charter amendment which is adopted by the electors shall be applied prospectively only unless otherwise stated by the Charter text. Further, the Charter amendment shall not impair the existing term of office of any Commissioners. Section 12. Effective Date. That this Ordinance shall become effective immediately upon adoption. PASSED on first reading on November 25, 2008. PASSED AND ADOPTED on second reading on December 9, 2008. ALBERT C. JONES MAYOR-COMMIS I NER ATTEST: �PRo s Fu<sr rrt_ LOUISE STILSON, CMC CITY CLERK APPROVED AS TO FO A CO r BY: T O AS YA Cr CITY ATTIORNEY 5 ORDINANCE#2008-032 EXHIBIT "A" Sec. 5. Election of Mayor and Vice-Mayor. At the organizational meeting of the city commission to be held on Tuesday following the municipal election, and at each biennial organizational meeting held every two (2) years thereafter, the city commission candidate receiving the highest number of votes in said election shall become mayor for a term of one year. The candidate receiving the second highest number of votes shall become the vice mayor for a term of one year, and shall automatically be elevated to the position of mayor after his one year term as vice mayor and shall serve as mayor until his successor is duly elected at the next biennial organizational meeting. At the commission meeting at which the vice mayor is elevated to mayor, a vice-mayor will be elected by the city commission and he or she shall serve until the next biennial organizational meeting. Any vacancy in the office of mayor or vice-mayor shall be filled by a vote of the city commission. (Sp. Acts, Ch. 67-1262, §2; Ord. No. 13-91, § 1, 4-9-91; Ord. No. 03-93, § 2, 1-26-93) 6 ORDINANCE#2008-032 f NOTICE OF HEARING BEFORE CITY COMMISSION CITY OF DANIA BEACH, FLORIDA, REGARDING ADOPTION OF THE FOLLOWING PROPOSED ORDINANCE NOTICE IS GIVEN that the City Commission of the City of Dania Beach, Florida, on December 9, 2008, at 7:00 p.m. or as soon thereafter as the matter may be heard, will conduct a public hearing in the City Commission Chamber of the Dania Beach City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida to consider the proposed adoption of the following Ordinance entitled: AN ORDINANCE OF THE CITY OF DANIA BEACH, FLORIDA, CALLING AN ELECTION ON A PROPOSED AMENDMENT TO THE CITY CHARTER TO BE HELD ON TUESDAY, MARCH 10, 2009; PROVIDING FOR SUBMISSION TO THE ELECTORS FOR APPROVAL OR DISAPPROVAL OF A CHARTER AMENDMENT TO PROVIDE FOR THE ELECTION OF A MAYOR FOR A TWO YEAR TERM AND A VICE MAYOR FOR A ONE YEAR TERM AT EACH GENERAL ELECTION, BASED UPON OBTAINING THE RESPECTIVE HIGHEST NUMBER AND SECOND HIGHEST NUMBER OF VOTES OF ALL COMMISSION CANDIDATES ELECTED , AND PROVIDING FOR SELECTION OF THE VICE-MAYOR FOR THE SUBSEQUENT ONE YEAR PERIOD BY THE CITY COMMISSION FROM AMONG ITS MEMBERS; PROVIDING FOR REQUISITE BALLOT LANGUAGE; PROVIDING FOR PROCEDURE FOR BALLOTING; PROVIDING FOR NOTICE; PROVIDING FOR RELATED MATTERS; PROVIDING FOR CONFLICTS; PROVIDING FOR SEVERABILITY; FURTHER, PROVIDING FOR AN EFFECTIVE DATE. Copies of the proposed Ordinance are on file in the Office of the City Clerk, City Hall, 100 West Dania Beach Boulevard, Dania Beach, Florida, and may be inspected by the public during normal working hours. Interested parties may appear at the aforesaid meeting and be heard with respect to the proposed ordinance. Any person who decides to appeal any decision made by the City Commission with respect to any matter considered at this hearing will need a record of the proceedings and for such purpose may need to ensure that a verbatim record of the proceedings is made, which record includes the testimony and evidence upon which the appeal is to be based. In accordance with the American with Disabilities Act, persons needing assistance to participate in any of the proceedings should contact the City Clerk's Office, 100 West Dania Beach Boulevard, Dania Beach, Florida 33004, (954) 924-6800 ext. 3624 at least 48 hours prior to the meeting. LOUISE STILSON, CMC CITY CLERK 7 ORDINANCE#2008-032