HomeMy WebLinkAbout2022-054-3767_-_Proposed_Charter_Amendment_-_Adopted_-_PdfRESOLUTION NO. 2022-054-3767
A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF
MIAMI GARDENS,FLORIDA, SUBMITTING A PROPOSED
CHARTER AMENDMENT TO THE ELECTORS OF THE CITY IN
ACCORDANCE WITH SECTION 6.1 OF THE CITY CHARTER;
SUBMITTING A PROPOSED AMENDMENT PERTAINING TO
SECTION 2.3(C) “RESIDENTIAL AREAS;” PROVIDING BALLOT
LANGUAGE FOR SUBMISSION TO THE ELECTORATE;
PROPOSEDON ELECTION THEACALLING SPECIAL
AMENDMENTS TO BE HELD IN CONJUNCTION WITH THE
GENERAL ELECTION ON TUESDAY,AUGUST 23,2022;
FPROVIDINGELECTION;PROVIDING NOTICE A OF OR
BALLOTING AND ELECTION PROCEDURES; PROVIDING FOR
AUTHORITHY TO THE CITY ATTORNEY AND CITY CLERK;
PROVIDING FOR INCLUSION IN THE CHARTER; PROVIDING
FOR ADOPTION OF REPRESENTATIONS; REPLEALING ALL
ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY
CLAUSE; PROVIDING AN EFFECTIVE DATE.
WHEREAS, Federal Law mandates that a census be conducted every ten (10)
years, and
WHEREAS, according to the United State Census Bureau, the City of Miami
Gardens population has increased by 5.2% percent from 105,800 (2010) to 111,640
(2020), and
WHEREAS, the City of Miami Gardens Charter (the Charter) requires the City
Council to consist of a Mayor and two At-Large Council Members elected citywide along
with four Council Members to be elected from single-member districts and also sets the
boundaries for each residential district, and
WHEREAS, the Charter does not contain any expressed redistricting provisions
for municipalities, nor does the Florida Constitution, Florida Statutes or the Miami-Dade
County Charter, and
WHEREAS, redistricting to provide equitable representation based on the
Census numbers requires that a charter amendment be submitted to the electors of the
City via an election in accordance with the provision of Article VI Section 6.1 of the
City’s Charter, and
WHEREAS, the City Clerk is recommending section 2.3 (C) of the charter be
amended to include a provision authorizing the amendment of residential seat area
boundaries by Ordinance from time to time.
WHEREAS, pursuant to Sections 6.1 of the City Charter, Charter Amendments
must be submitted to the electors of the City for approval or rejection, and
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NOW, THEREFORE, BE IT RESOLVED BY THE MAYOR AND CITY COUNCIL
OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS:
SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas
Clauses are hereby ratified and confirmed as being true, and the same are hereby
made a specific part of this Resolution.
SECTION 2. CHARTER AMENDMENTS: Pursuant to Section 6.1 of the City
Charter, the Charter of the City of Miami Gardens, Florida, is hereby amended as
follows:
Section 2.3 (C). – Residential Areas.
Residential Areas. Seats 1-4. The City shall be divided into four residential
areas, which may be amended from time to time by Ordinance to ensure equitable
representation in each area. Individually each is a "Residential Area" collectively
"Residential Areas." One Council member shall be elected to a Seat from each
Residential Area. Council members from Residential Areas are collectively the
"Residential Area Council members." Individually each is a "Residential Area
Council member." The Residential Areas corresponding to each Seat are formally
set forth below:
Seat
1
Northern
Boundary
N.W. 215 th Street
Eastern
Boundary
N.W.27 th Avenue, N.W.20 th Avenue
Southern
Boundary
N.W. 199 th Street, west to N.W. 37 th
Avenue, south to N.W. 191 st Street, west to N.W.,
42 nd Avenue, south to SR 826, west to 47 th
Avenue.
Western
Boundary
N.W. 47 th Avenue
Seat
2
Northern
Boundary
N.W. 215 th Street
Eastern
Boundary
N.E. 2 nd Avenue, south to N.W. 199 th Street,
west to North Miami Avenue, south to N.W. 183 rd
Street
Southern
Boundary
N.W. 183 rd Street
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Western
Boundary
Florida Turnpike, north to N.W. 199 th Street,
west to N.W.27 th Avenue, north to N.W. 215 th
Street
Seat
3
Northern
Boundary
N.W. 199 th Street, south along Florida
Turnpike, to N.W. 183 rd Street, east along N.W.
183 rd Street to North Miami Avenue
Eastern
Boundary
North Miami Avenue, south to SR 9,
southwest on SR 9 to N.W. 151 st Street
Southern
Boundary
N.W. 151 st Street to N.W.27 th Avenue
Western
Boundary
N.W.27 th Avenue
Seat
4
Northern
Boundary
N.W. 199 th Street, west to N.W. 37 th
Avenue, south to N.W. 191 st Street, west to N.W.
42 nd Avenue, south to SR 826, west to 57 th Avenue
Eastern
Boundary
N.W.27 th Avenue
Southern
Boundary
N.W. 151 st Street to 57 th Avenue
Western
Boundary
N.W. 57 th Avenue, north to SR 826, east to
N.W. 47 th Avenue, north to N.W. 191 st Street, east
to 37 th Avenue, north to N.W. 199 th Street, east to
N.W.27 th Avenue
SECTION 3. ELECTION CALLED: A special election is hereby called, to be held
on Tuesday, the 23rd of August 2022, to present to the qualified electors of the City of
Miami Gardens, the ballot questions provided in Section 4. of this Resolution.
SECTION 4. FORM OF BALLOT: The form of ballot for the Charter Amendments
provided for in Section 2. of this Resolution shall be substantially, as follows:
AMENDING RESIDENTIAL AREAS BY ORDINANCE
Shall Section 2.3(c) of the City Charter be amended to provide that the City
Council may amend residential seat area boundaries by Ordinance to ensure
equitable representation in each area.
Yes____
No_____
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SECTION 5. BALLOTING:
A.Balloting shall be conducted on Tuesday, August 23, 2022, between the hours
of 7:00 A.M. and 7:00 P.M. at the regular polling places provided for City elections.
Absentee balloting shall be available as authorized by law. Early voting pursuant to Sec.
101.657, F.S. shall be provided. All qualified City electors who are timely registered in
accordance with law shall be entitled to vote.
B.The City Clerk is authorized to obtain any necessary election administration
services from the Miami-Dade County Supervisor of Elections. The City Clerk and the
County Supervisor of Elections are hereby authorized to take all appropriate action
necessary to carry into effect and accomplish the electoral provisions of this Resolution.
SECTION 6. NOTICE OF ELECTION: Notice of said election shall be published in
accordance with Section 100.342, Fla. Stat., in a newspaper of general circulation within
the City at least 30 days prior to said election. The publication shall be made at least
twice, once in the fifth week and once in the third week prior to the election and shall be
in substantially the following form:
"NOTICE OF SPECIAL ELECTION"
PUBLIC NOTICE IS HEREBY GIVEN THAT PURSUANT TO RESOLUTION NO.
______ ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS,
FLORIDA (THE CITY) A SPECIAL ELECTION HAS BEEN CALLED AND ORDER TO
BE HELD WITHIN THE CITY OF TUESDAY, THE 23RD DAY OF AUGUST, 2022,
BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE
FOLLOWING CHARTER AMENDMENT PROPOSAL SHALL BE SUBMITTED TO THE
QUALIFIED ELECTORS OF THE CITY FOR APPROVAL OR REJECTION.
CITY OF MIAMI GARDENS AMENDMENT
AMENDING RESIDENTIAL AREAS BY ORDINANCE
Shall Section 2.3(c) of the City Charter be amended to provide that the City Council
may amend residential seat area boundaries by Ordinance to ensure equitable
representation in each area.
Yes ______
No______
The Full texts of the proposed Charter Amendments are available at the Office of
the City Clerk located at 18605 N.W. 27th Avenue, Miami Gardens, Florida 33056
_______________________
City Clerk
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SECTION 7. COPIES: Copies of this Resolution proposing the Charter
Amendments are on file at the Office of the City Clerk located at 18605 N.W. 27th Avenue,
Miami Gardens, Florida 33056, and are available for public inspection during regular
business hours.
SECTION 8. EFFECTIVENESS: The Charter Amendments provided for in Section
2 above shall become effective if the majority of the qualified electors voting on the
Charter Amendments vote for their adoption, and they shall be considered
adopted and effective upon certification of the election results. Following adoption
of the Charter Amendments, the City Clerk shall file the adopted Charter Amendment with
the Clerk of the Circuit Court of Miami-Dade County, Florida and with the State of Florida,
Secretary of State.
SECTION 9: AUTHORITY: The City Attorney and City Clerk are hereby authorized
to make any such amendments to the ballot title and/or question based upon the rules,
regulations and policies of the Miami-Dade Supervisor of Elections, and is hereby
authorized to take all steps necessary to fulfill the intent of this Resolution.
SECTION 10.CONFLICT: All resolutions or Code provisions in conflict herewith
are hereby repealed.
SECTION 11. SEVERABILITY: If any section, subsection, sentence, clause,
phrase or portion of this Resolution is for any reason held invalid or unconstitutional by
any court of competent jurisdiction, such portion shall be deemed a separate, distinct and
independent provision and such holding shall not affect the validity of the remaining
portions of this Resolution.
SECTION 12. INCLUSION IN THE CHARTER: It is the intention of the City Council
of the City of Miami Gardens that in the event the ballot questions presented herein are
approved by the electors of the City that the provisions of this Resolution shall become
and be made a part of the Charter as included in the Code of Ordinances of the City of
Miami Gardens.
SECTION 13. EFFECTIVE DATE: This Resolution shall become immediately
upon its passage.
PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI
GARDENS AT ITS REGULAR MEETING HELD ON APRIL 27, 2022.
________________________________
RODNEY HARRIS, MAYOR
ATTEST:
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________________________________
MARIO BATAILLE, CMC, CITY CLERK
PREPARED BY: SONJA KNIGHTON DICKENS, CITY ATTORNEY
SPONSORED BY: MARIO BATAILLE, CMC, CITY CLERK
Moved by: Councilwoman Julien
Seconded by: Councilwoman Campbell
VOTE: 5-1
Mayor Harris Yes
Vice Mayor Leon Absent
Councilwoman Campbell Yes
Councilwoman Ighodaro No
Councilwoman Julien Yes
Councilman Stephens, III Yes
Councilwoman Wilson Yes
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