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Home My WebLink About2019-216-3345 - Proposed Charter AmendmentsRESOLUTION NO. 2019-216-3345 A RESOLUTION OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, CONCERNING A CERTAIN CHARTER AMENDMENT PROPOSED BY THE CHARTER REVISION COMMISSION FOR SUBMITTAL BY THE CITY COUNCIL, TO THE ELECTORS OF THE CITY IN ACCORDANCE WITH SECTION 6.1 AND 6.2 OF THE CITY CHARTER; SUBMITTING PROPOSED AMENDMENTS PERTAINING TO SECTION 2.6 "COMPENSTATION; REIMBURSEMENT FOR EXPENSES"; PROVIDING BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORATE; CALLING A SPECIAL ELECTION ON THE PROPOSED AMENDMENTS TO BE HELD IN CONJUNCTION WITH THE GENERAL ELECTION ON TUESDAY, AUGUST 18, 2020; PROVIDING A NOTICE OF ELECTION; PROVIDING FOR 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, in accordance with Sections 6.1 and 6.2 of the City of Miami Gardens Charter, the City Council appointed a Charter Revision Commission (“Commission”), and WHEREAS, the Charter Revision Commission has proposed certain amendments to the Charter, and WHEREAS, pursuant to Sections 6.1 and 6.2 of the City Charter, the City Council is to submit the Charter Amendments to the electors of the City for approval or rejection, and 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. 2 Underlined words are added. Deleted words are stricken. Resolution No. 2019‐216‐3345 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 2.6. – Compensation; Reimbursement for Expenses. Council members shall receive compensation in the amount of $1,000.00 per month and the Mayor shall receive compensation in the amount of $3,500.00 per month. These payments shall be increased, but not decreased, by amendment to this Charter. Furthermore elected officials and authorized employees of the City shall receive reimbursement in accordance with applicable law, or as may be otherwise provided by ordinance, for authorized expenses incurred in the performance of their official duties limited to no more than$1,200 per month. The City Council shall determine the annual salary and professional expenses of the Mayor and Council Members by Ordinance at budget time. An ordinance fixing the salaries and professional expenses of the Mayo and City Council shall only be considered every five (5) years. SECTION 3. ELECTION CALLED: A special election is hereby called, to be held on Tuesday, the 18th of August 2020, 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: ESTABLISHING A PROCESS FOR DETERMINING SALARY AND EXPENSES OF THE MAYOR AND COUNCIL MEMBERS. Shall Section 2.6 of the City Charter be amended to provide that the City Council shall determine the annual salary and professional expenses of the Mayor and Council Members by Ordinance at budget time. An Ordinance fixing the salaries and professional expenses of the Mayor and City Council shall only be considered every five (5) years. 3 Underlined words are added. Deleted words are stricken. Resolution No. 2019‐216‐3345 For________ Against_______ SECTION 5. BALLOTING: A. Balloting shall be conducted on Tuesday, August 18, 2020, 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 ORDERED TO BE HELD WITHIN THE CITY ON TUESDAY, THE 18TH DAY OF AUGUST, 2020, 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 4 Underlined words are added. Deleted words are stricken. Resolution No. 2019‐216‐3345 ELECTORS OF THE CITY FOR APPROVAL OR REJECTION. CITY OF MIAMI GARDENS AMENDMENTS ESTABLISHING A PROCESS FOR DETERMINING SALARY AND EXPENSES OF THE MAYOR AND COUNCIL MEMBERS. Shall Section 2.6 of the City Charter be amended to provide that the City Council shall determine the annual salary and professional expenses of the Mayor and Council Members by Ordinance at budget time. An Ordinance fixing the salaries and professional expenses of the Mayor and City Council shall only be considered every five (5) years. For________ Against_______ 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 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 5 Underlined words are added. Deleted words are stricken. Resolution No. 2019‐216‐3345 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 6 Underlined words are added. Deleted words are stricken. Resolution No. 2019‐216‐3345 upon its passage. PASSED AND ADOPTED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON OCTOBER 9, 2019. ___________________________________ OLIVER GILBERT, III, MAYOR ATTEST: __________________________________ MARIO BATAILLE, CMC, CITY CLERK REVIEWED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: CITY CLERK ON BEHALF OF THE CHARTER REVISION COMMISSION Moved by: Councilman David Williams Jr. Seconded by: Councilwoman Lillie Q. Odom VOTE: 6-1 Mayor Oliver Gilbert , III X (Yes) ____ (No) Vice Mayor Rodney Harris X (Yes) ____ (No) Councilwoman Katrina Wilson X (Yes) (No) Councilman Erhabor Ighodaro, Ph.D. (Yes) X (No) Councilwoman Lillie Q. Odom X (Yes) ____ (No) Councilman Reggie Leon X (Yes) ____ (No) Councilman David Williams Jr X (Yes) (No)