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City Charter -l-' ~. PART I CHARTER AND RELATED SPECIAL ACTS Subpart A CHARTER'" Preamble Citizens' Bill of Rights Article L Corporate Existence. Form of Govemment, Boundary and Power Sec. 1.01. Sec. 1.02. See. 1.03. Sec. 1.04. ,........'-:"-. ' <r Sec. 2.01. . Sec. 2.02. See. 2.03. Sec. 2.04. Sec. 2.05. See. 2.06. See. 2.07. Sec. 2.08. _;;-....1 Sec. 3.01. Corporate existence; form of government; Charter. Description of corporate boundary. Powers of city. Construction. Article II. City Commission Number and selection. 'lenn and compensation. Powers of the city commission. Induction and meetings. Procedures for passing ordinances generally. Duties of elected mayor. Vacancies in city commission. Removals and suspensions from office of city commission. Article m. City Attorney City attorney; duties generally; appointment of personnel. Article Iv. City Manager and Administrative Organization Sec. 4.01. City msnager-Compensation and qualifications. Sec. 4.02. City manager-Functions and powers. Sec. 5.01. Sec. 5.02. See; 5.03. Article V. Budget and Finance General power. Budget. Tax on occupancy of hotels, etc., and on certain foods and beverages. .Editor's note-Printed herein is the Charter of the City of Miami Beach, as adopted by referendum November 2, 1993, and effective on November 3. 1993. Amendments to the Charter are indicated by parenthetical history notes following amended provisions. The absence of a history note indicates that the provision remains unchanged from the original Charter. Obvious misspellings have been corrected without notation. For stylistic purposes, a uniform system of headings, catchlines and citations to state statutes has been used. Additions made for clarity are indicated by brackets. State law reference-Municipal home rule powers, F.S. ch. 166. r ....J1'..;;.. CHT:l Sec. 6.01. Sec. 6.02. Sec. 6.03. Sec. 6.04. Sec. 7.01. Sec. 7.02. Sec. 7.03. Sec. 7.04. Sec. 7.05. Sec. 7.06. Sec. 8.01. Sec. 8.02. Sec. 8.03. Sec. 8.04. Sec. 8.05. Sec. 8.06. Sec. 8.07. Sec. 8.08. MIAMI BEACH CHARTER AND RELATED SPECIAL ACTS '"""'\ Article VL Elections Electors. Nonpmtisan e1ecdons. Qualifying. Vacancy in candidacy. Article VB. Initiative and Referendum [Division 1. Ordinances] Power of initiative. Power of referendum. [Division 2. Ordinances and Charter Amendments] Form of petition. Filing, eumination, and certification of petitions. Amendment of petitions. Results of election. Article vm. Schedule, Mi_llaneous Effective date; review. Ordinances preserved. Repeal of former Charter proviai.ons. Precedence over related laws. Officers, employees and agents. Debts, contracts and sssessments preserved. E:risting rights, obligations, duties and relationships. Severability. -..., Appendix A '"""'\ CHT:2 -r ., ,--( .>,., j . -"--~. r } ~.... ../' PREAMBLE We, the people of the City of Miami Beach, in order to secure for ourselves the benefits and responsibilities of home rule and in order to provide for a municipal government to serve our present and future needs, do hereby adopt this Charter and as part thereof adopt the following Citizens' Bill of Rights. CITIZENS' BILL OF RIGHTS (A) This government has been created to pro- tect the governed, not the governing. In order to provide the public with full and accurate informa- tion, to promote efficient administrative manage- ment, to make government more accountable. and to insure to all persons fair and equitable treat- ment, the following rights are guaranteed: 1. Convenient access. Every person has the right to transact business with the City with a minimum of personal inconve- nience. It shall be the duty of the City Manager and the City Commission to provide, within the City's budget limita- tions, reasonably convenient times and places for required inspections, and for transacting business with the City. 2. Truth in government. No municipal offi- cial or employee shall knowingly furnish false information on any public matter, nor knowingly omit significant facts when giving requested information to members of the public. 3. Public records. All audits, reports, min- utes, documents and other public records of the City and its boards, agencies, de- partments and authorities shall be open for inspection at reasonable time and places convenient to the public. 4. Minutes and ordinance register. The City Clerk shall maintain and make available for public inspection an ordinance regis- ter separate from the minutes showing the votes of each member on all ordi- CHARTER nances and resolutions1*listed by descrip- tive title. Written minutes of all meetings and the ordinance register shall be avail- able for public inspection not later than thirty (30) days after the conclusion of the meeting. 5. Right to be heard. So far as the orderly conduct of public business permits, any interested person has the right to appear before the City Commission or any City agency, board or department for the pre- sentation, adjustment or determination of an issue, request or controversy within the jurisdiction of the City. Matters shall be scheduled for the convenience of the public, and the agenda shall be divided into approximate time periods so that the public may know approximately when a matter will be heard. Nothing herein shall prohibit the City or any agency thereof from imposing reasonable time limits for the presentation of a matter. 6. Right to notice. Persons entitled to notice of a City hearing shall be timely informed as to the time, place and nature of the hearing and the legal authority pursuant to which the hearing is to be held. Failure by an individual to receive such notice shall not constitute mandatory grounds for canceling the hearing or rendering invalid any determination made at such hearing. Copies of proposed ordinances or resolutions shall be made available at a reasonable time prior to the ~earing, un- less the matter involves an emergency ordinance or resolution. 7. No unreasonable postponements. No mat- ter once having been placed on a formal agenda by the City shall be postponed to "Editor's note-The following footnote to this section on citizen's bill of rights was adopted with the Charter: '"Ordi- nance" means an official legislative action of the Miami Beach City Commission, which action is a regulation of a general and permanent nature and enforceable as a local law. "Resolution" means an expression of the Miami Beach City Commission concerning matters of administration, an expression of a temporary character, or a provision for the disposition of a particular item of the administrative business of the Miami Beach City Commission. CHT:3 -'", CHARTER l /...r .. J .-..,- 14. Representation of public. The City Com- mission shall endeavor to provide repre- sentation at all proceedings significantly affecting the City and its residents before state and federal regulatory bodies. (B) The foregoing enumeration of citizens' rights vests large and pervasive powers in the citizenry of the City of Miami Beach. Such power necessar- ily carries with it responsibility of equal magni- tude for the successful operation of government in .the City. The orderly, efficient and fair operation of government requires the intelligent participa- tion of individual citizens exercising their rights with dignity and restraint so as to avoid any sweeping acceleration in the cost of government because of the exercise of individual prerogatives, and for individual citizens to grant respect for the dignity of public office. (C) Remedies for violations. In any suit by a citizen alleging a violation of this Bill of Rights tiled in the Dade County circuit Court pursuant to its general equity jwisdiction, the plaintiff, if successful, shall be entitled to recover costs as fixed by the court. Any public official or employee who is found by the court to have willfullyvio- lated this article shall forthwith forfeit his office or employment. (D) Construction. All provisions of this article shall be construed to be supplementary to and liot in conflict with the general laws of Florida. If any part of this article shall be declared invalid, it shall not affect the validity of the remaining provisions. ARTICLE I. CORPORATE EXISTENCE, FORM OF GOVERNMENT, BOUNDARY AND POWER Sec. 1.01. Corporate existence; form of gov- ernment; Charter. r The City of Miami Beach (hereafter "City") in Dade County, Florida, which was created by the Florida Legislature, shall continue as a municipal corporation with a Commission-City Manager form of government as provided herein and with this document as the Charter for the City. Supp. No. 1 t 1.03 Sec. 1.02. Description of corporate bound- ary. The area described in Appendix A of this Char- ter shall constitute the corporate boundary of the City of Miami Beach. Sec. 1.03. Powers of city. (a) General. The City shall have all governmen- tal, corporate, and proprietary powers to enable it to conduct municipal government, perform munic- ipal functions, and render municipal services, and may exercise any power for municipal purposes except as expressly prohibited by law or this Charter. (b) Alienability of propertY. The only limitation concerning alienability of City-owned property is the restriction of the sale, exchange, conveyance. or lease of five (5) years or longer (including.. option periods) of park, recreation, or waterfront property in the City of Miami Beach while it is being used for such public purpose, unless such sale, exchange, conveyance or lease is approved by a majority vote of the voters in a City-wide referendum. This provision shall be liberally con- strued in favor of the preservation of all park, recreation, and waterfront lands. This provision shall. not be construed to apply to any valid written contractual commitments or bids or bonded indebtedness which commitments, bids or indebt- edness existed prior to November 4, 1992. Fur- ther, this provision shall not apply to any City- owned educational facility or library property, any parking facility not located on park, recreation, or waterfront property or to any utility or access easements or right-of-ways, or to that triangular parcel of City-owned property known as Parcel 2 of South Pointe Park located within the Miami Beach Redevelopment Area, said parcel generally described as being 138.87 feet fronting on Biscayne Street with a northerly boundary of 265.43 feet adjacent to Block 8 of South Pointe Development company, and a Southeasterly boundary of 226.20 feet adjacent to Cook Inlet Region property. (c) The floor area ratio of any platted property or street end within the City of Miami Beach adjacent to the Atlantic Ocean, Government Cut, Indian Creek or Biscayne Bay shall not be in- creased by zoning, transfer, or any other means CHT:5 ~ 1.03 MIAMI BEACH CHARTER AND RELATED SPECIAL ACTS -., from its current zoned floor area ratio as it exists on the date of adoption of this Charter Amend- ment [June 4,1997], including any limitations on floor area ratio which are in effect by virtue of development agreements through the full term of such agreements, unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. This Charter Amendment shall become effective on the day after its ap- proval by the voters of the City of Miami Beach. No rights in derogation of the provisions of this Amendment under any ordinance of any other action of the Miami Beach City Commission be- tween the time this petition is certified by the Dade County Supervisor of Elections and the adoption of this amendment shall be enforced against the City of Miami Beach. (Res. No. 97-22413, 6-4-97; Res. No. 98-22763, 6-3-98) Sec. 1.04. Construction. The powers of the City shall be construed liberally in favor of the City, limited only by the United States and Florida Constitutions, general and special law, and specific limitations in this Charter. The tenn "City Commission" includes the Mayor and the six (6) City Commissioners. ARTICLE II. CITY COMMISSION Sec. 2.01. Number and selection. The City Commission shall consist of six (6) City Commissioners and a Mayor who shall be elected at large. Each City Commissioner shall be a qualified elector ofthe City. City Commissioners shall be elected for groups numbered and desig- nated I-VI. No candidates for the office of Com- missioner shall be permitted to qualify for more than one (1) group, or for the office of Mayor. Commissioners in groups numbered I, II and III shall be elected at the general election to be held on the first Tuesday in November, 1997 and at each general election each four (4) years there- after. Commissioners in groups numbered IV, V, and VI shall be elected at the general election to Supp. No.1 be held on the first Tuesday in November, 1995 and at each general election each four (4) years thereafter. The Mayor shall be elected at the general election to be held on the first Tuesday in November, 1995 and at each general election each two (2) years thereafter. A candidate must receive a majority. of the votes cast to be deemed elected. If no candidate receives a majority of the votes cast, there will be a runoff election between the two candidates in each group receiving the highest number of votes; should a tie result, the outcome shall be deter- mined by lot. This runoff election shall occur one week from the date of general election. In the event that no candidate has qualified in any group, or for Mayor, a vacancy shall be deemed to have occurred, and shall be filled as provided by the Charter of the City of Miami Beach for the filling of a vacancy. Sec. 2.02. Term and compensation. '"" The tenn of office of the Mayor shall be two (2) years. The term of office of the City Commission- ers shall be four (4) years. Commencing with the General Election in No- vember 1997 (excluding individuals holding City of Miami Beach elective office prior thereto for their unexpired terms), the term limit for Miami Beach Commissioners shall be eight consecutive years and the term limit for Miami Beach Mayor shall be six consecutive years respectively, mea- . sured retroactively from their first elections said terms not including time served as a member of the City of Miami Beach Commission as a result of having filled a vacancy in the Commission pursuant to Section 2.07 of the City of Miami Beach Charter. The annual compensation for the Office of Commissioner shall be six thousand dollars ($6,000.00) and the compensation for the Office of Mayor shall be ten thousand dollars ($10,000.00); any increase in salary for Mayor and/or Commis- sioner shall require approval of a majority of the electorate voting at a City election. (Res. No. 96-22083, ~ 8,7-17-96/11-6-96) ~ CHT:6 -r J ."...",r J . ."-v"'~ .' r CHARTER ~ 2.03 Sec. 2.03. Powers of the city commission. All powers of the City shall be vested in the City Commission except those powers specifically given to the Mayor, the City Manager, and to the City Attorney, as provided in this Charter and except those powers specifically reserved in this Charter to the electors of the City. Moreover, the City Commission shall have all powers and priv- ileges not inconsistent herewith, granted to the City Commission of cities and towns by the gen- erallaws of the State of Florida, and shall have power to do and perform all things necessary for the government of the City not inconsistent with the constitution of the State of Florida, the Con- stitution and laws of the United States, and the terms and provisions of this Charter. The City Commissio~ shall appoint a City Manager and a City Attorney; the City Commis- sion shall have power to remove the City Manager and/or City Attorney at any time by a majority vote of the Commission, or, in the event of an Supp. No.1 CHT:6.1 ~r J -..r ;--'."'. J r ,i employment agreement between the parties re- moval shall occur pursuant to the terms of said agreement. The Commission may also investigate the offi- cial acts and conduct of any City official, and by similar investigations may secure information upon any matter. In conducting such investiga- tions, the Commission may require the atten- dance of witnesses and the production of books, papers and other evidence, and for that purpose may upon a five-sevenths (ISh) vote, issue subpoe- nas which shall be signed by the Mayor. The independent City Auditor shall be ap- pointed by the City Commission; both appoint- ment and removal of the independent City Audi- tor shall be made by the City Commission. Duties, method of selection and method of compensation of the independent City Auditor shall be estab- lished by ordinance. See. 2.04. Induction and meetings. The City Commission shall, at its first meeting after each general election, which shall be within three (3) days after the general election (or within thirty (30) days after the runoff election, if a runoff election is held) elect from its membership a Vice-Mayor who during the absence or disability of the Mayor, shall perform the duties of Mayor. In the absence or disability of both the Mayor and Vice-Mayor, the said duty shall be performed by another member appointed by the Commission. The City'Commission shall meet at such times as may be prescribed by ordinance or resolution. The Mayor, or the City Manager, may call special meetings of the Commission upon at least twenty- four (24) hours written notice to each member, served personally, or left at his usual place of abode; provided, however, that the requirement of such written notice may be waived at a special meeting by the unanimous vote of the Commis- sion. No member of the City Commission shall, dur- ing the time for which helshe was elected, be appOinted or elected to any City office that has been created or the emoluments thereof shall have been increased during such time. CHARTER ~ 2.05 Sec. 2.05. Procedures forpassiilg ordinances generally. The City Commission shall have the power to make, establish and ordain for the government of the City of Miami Beach and the officers of said City, ordinances in writing not inconsistent with this Charter, the Constitution and laws of the State of Florida and of the United States, as it may deem necessary provided a majority of the City Commission shall consent thereto. Each ordinance shall be introduced in writing and shall embrace one subject and matters prop- erly connected therewith. The subject shall be clearly stated in the title. The enacting clause shall be "BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION. . . " No ordinance shall be revised or amended by reference to its title only. Ordinances to revise or amend shall set out in full the revised or amended act or section or subsection or paragraph of a section or subsec- tion. A proposed ordinance may be read by title, or in full, on at least two (2) separate dates and shall, at least ten (10) days prior to adoption, be noticed once in a newspaper of general circulation in the municipality. The notice of proposed enact- ment shall state the date, time, and place of the meeting, the title or titles of proposed ordinances, and the place or places within the municipality where such proposed ordinance or ordinances may be inspected by the public. Said notice shall also advise that interested parties may appear at the meeting and be heard with respect to the proposed ordinance or ordinances. No ordinances shall be declared invalid by reason of any defect in publication or title if the published summary gives reasonable notice of its intent. At the time and place so advertised, or at any time and place to which such public hearing may, from time to time, be adjourned, the ordinance shall be read by title and a public hearing shall be held. After the hearing, the City Commission may pass the ordi- nance with or without amendment. The effective date shall not be earlier than ten (10) days after its enactment. Proposed ordinances which enact or amend the City's Zoning Ordinance or comprehensive Plan of the City of Miami Beach shall be adopted accord- ing to the procedures set forth in the City of Miami Beach's Zoning Ordinance. CHT:7 92.05 MIAMI BEACH CHARTER AND RELATED SPECIAL ACTS ~ 'lb meet a public emergency affecting life, health, property or public safety, the City Commission by two-thirds (2{a) vote of the members of the City Commission may adopt an emergency ordinance at the meeting at which it is introduced and may make it effective immediately. After adoption of an emergency ordinance, the City Commission shall cause it to be published in full within ten (10) days in a newspaper of general circulation in the municipality. No emergency ordinance shall be enacted which enacts or amends a land use plan or which rezones private .property. State law referene_Unifonn minimum mandatory pro- cedure for passage of ordinances, F.S. 9 166.041. See. 2.06. Duties of elected mayor. The Mayor shall be the presiding officer at the meetings of the Commission and shall bear the title of Mayor and shall have a voice and a vote in the proceedings of the City Commission but no veto power, and helshe may use the title of Mayor in any case in which the execution oflegal instru- ments in writing or other necessity arising from the general laws of the state so requires; he/she shall sign all deeds, contracts, bonds or other instruments of writing to the which the City is a party when authorized to do so by ordinance or resolution of the City Commission, but helshe shall not have the adminisJ;rative or judicial func- tions and powers of the Mayor under the general laws of the state. He/she shall be recognized as the official head of the City by the Courts for the purpose of serving civil processes, by the Gover- nor in the exercise of military law and for all ceremonial purposes and helshe shall, in addition thereto, perfonn such other duties as may be by ordinance prescribed by the City Commission. The Mayor shall be the appointing authority for the employees in the Mayor's Office who are in the unclassified service. See. 2.07. Vacancies in city commission. Any vacancy occurring in the City Commission shall be filled by the vote of the majority of the remaining members of said City Commission with the appointee serving the remainder of the unex- pired term until the next succeeding general City election and with any further remainder of said unexpired tenn to be filled by' a Commissioner elected at said general election; if the remaining members of the City Commission shall fail or refuse to fill such vacancy within 30 days after it occurs and if no general City election will be held within 90 days after the expiration of said 30 days, then a special election shall be called and held to elect a Commissioner to fill such vacancy for the remainder of the unexpired tenn. See. 2.08. Removals and suspensions from office of city commission. The mayor and any City Commissioner, in addition to being removed by recall pursuant to State law, may be removed from office pursuant to the Miami Beach City Code. ARTICLE m CITY A'ITORNEY Sec. 3.01. City attorney; duties generally; ap- pointment of personnel ~ There shall be appointed by the City Commis- sion of the City of Miami Beach, a City Attorney. Hislher compensation shall be fixed by the City Commission by ordinance. The City Attorney shall be the head of the Office of City Attorney and in this capacity shall have the following powers: (a) To act as the legal advisor for the munic- ipality and all ofits officers in all matters relating to their official powers and du- ties. (b) To prepare or review all ordinances, reso- lutions, contracts, bonds and other writ- ten instruments in which the municipal- ity is concerned, and shall endorse on each hislher approval of the fonn, lan- guage~ and execution thereof. (c) When required by the Commission, hel she shall prosecute or defend, for and in behalf of the City, all complaints, suits and controversies in which the City is a party, before any court or other legally constituted tribunal. (d) 'lb attend all meetings of the City Com- mission. """'\ CHT:8 ---(' CHARTER f , (e) He/she shall recommend to the City Com- mission for adoption, such measures as he/she may deem necessary or expedient. (f) He/she shall render opinions and/or re- (d) ports on legal matters affecting the City as the Commission may direct. (g) He/she shall perform such other profes- sional duties as may be required of him! her by ordinance or resolution of the Com- mission or by this Charter. (h) To appoint and remove all unclassified personnel in the Legal Department, in- cluding outside counsel representing the City. (e) ARTICLE Iv. CITY MANAGER AND (f) ADMINISTRATIVE ORGANIZATION See. 4.01. City manager-Compensation and (g) r,r qualifications. J j The City Manager's compensation shall be fixed (h) ...--........- by the City Commission by ordinance. The Man- ager shall be chosen upon the basis of hislher qualifications. Sec. 4.02. City manager-Functions and powers. The City Manager shall be the chief executive (i) officer and head of the administrative branch of the City government. Except as specifically pro- vided otherwise in this Charter, the City Manager shall be responsible to the City Commission for (j) the proper administration of all affairs of the City. The functions and powers of this office shall be: (a) 'lb see that the laws and ordinances are enforced. (b) To appoint all directors of the several departments now existing, or to be cre- ated, with the consent of the City Com- mission, and to remove the same at will, except for the Legal Department. (k) r (c) To appoint and remove, at will, the divi- sion heads of departments or divisions J . - .....,->~ CHT:9 ~ 4.02 now existing or to be created by law or ordinance, except for the Legal Depart- ment. To appoint and remove at will, all other officers or employees in the unclassified service of the City, except the Mayor and City Commissioners, or those individuals appointed by the Commission, the employ- ees in the Mayor's Office who are in the unclassified service for whom the Mayor shall be the appointing authority, and the unclassified personnel in the Legal De- partment who shall be appointed and removed by the City Attorney. . To attend all meetings of the City Com- mission, with the right to take part in the discussion, but having no vote. To recommend to the City Commission for adoption, such measures as he/she may deem necessary or expedient. To keep the City Commission fully ad. vised as to the financial condition and needs of the City. To have general and special supervision and control, subject to the control by the City Commission, of the several depart- ments now existing, except for the Legal Department, or hereafter to be created, and the City Manager shall be purchasing agent of the City, with authority to dele- gate such duty. . To negotiate all contracts and agreements in which the City is a party subject to the approval of the City Attorney and City Commission. The City Manager shall account to the City Commission for the conduct and acts of the several departments now existing, or hereafter to be created, and he/she shall have supervision and control of the heads of the said departments, and such heads as appointed by the City Manager shall be accountable to the City Manager for the conduct and acts of their depart- ments, except for the Legal Department. To perform such other duties as may be prescribed by the City Commission by ordinance or resolution. ~ 5.01 MIAMI BEACH CHARTER AND RELATED SPECIAL ACTS ""'" ARTICLE V. BUDGET AND FINANCE Sec. 5.01. General power. The City of Miami Beach shall have the power to borrow money, contract loans, and issue bonds, notes, and other obligations or evidences of in- debtedness in accordance with Florida law. Sec. 5.02. Budget. In accordance with Florida law the City Com- mission shall adopt an annual budget. State law reference-Procedure for adoption of budget, F.S. ~ 205.065. Sec. 5.03. Tax on occupancy of hotels, etc., and on certain foods and bever- ages. The City of Miami Beach is authorized and shall have the right to impose, levy and collect a tax on the rent of every occupancy of a room or rooms in any hotel, motel or apartment house when the renting is for the period of occupancy for imposition of a transient rental tax as established by F.S. ~ 212.03 (as amended); and upon the total sales price of all items of food and alcoholic beverages sold at retail by any establishment engaged in the sale of alcoholic beverages andlor food; said tax to be paid by the person paying the rent or paying for the food and/or alcoholic bever- age herein specified and to be collected by the person renting said rooms or selling said food or alcoholic beverage for the use and benefit of the City. Sales or rentals exempted by F.S. ch. 212 shall also be exempt from the tax hereby autho- rized. That the total receipts from the above tax levy shall be kept and maintained in a separate fund and shall in no event be transferred to the general fund, and that the said fund shall be used for the promotion of the tourist industry, which shall include, but not be restricted to the follow- ing: publicity, advertising, news bureau, promo- tional events, convention bureau activities, capi- tal improvements and the maintenance of all physical assets in connection therewith; and for the payment of the reasonable and necessary expenses of collecting, handling and processing of said tax. That the Commission shall have the authority and power by ordinance to determine and fix the amount of said tax after public hearing not in excess of two percent (2%), except that an additional tax of one percent (1%) may be im- posed, levied and collected on the rent of every occupancy of a room or rooms in any hotel, motel or apartment house when the renting is for the period of occupancy for imposition of a transient rental tax as established by F.S. ~ 212.03 (as amended), provided that such additional one per- cent (1%) shall be used, subject to the rights of bondholders, (A) fifty percent (50%) for public incentives for convention center headquarters ho- tel development, and upon retirement of all debt related thereto, to be used as in (B) below, and (B) fifty percent (50%) for promotion of tourism re- lated activities and facilities, and developing, improving and maintaining tourism related pub- lic facilities; provided that such additional one percent (1%) of tax shall not be imposed until such time as the City of Miami Beach has entered into an agreement with a developer for develop- ment of a convention center headquarters hotel; and provided further that the authority created pursuant to Section 8 of Chapter 67-930 shall have no right to receive any portion of such additional one percent (1%) of tax. Editor'. note-The resort tax in this section was autho- rized by Laws of Fla., ch. 67-930, which required this Charter provision and which genera1law of local application, Laws of Fla., ch. 67-930, is recognized and continued in F.B. ~ 125.0104(3l(bl. ~ ARTICLE VI. ELECTIONS. See. 6.01. Electors. Any person who is a resident of the City of Miami Beach, who has qualified as an elector of the State of Florida and who registers in the manner prescribed by law shall be a qualified elector of the City. State law refere_Registration of electors, F.B. ~ 97.105; qualification of electors, F.S. ~~ 97.041, 166.032. Sec. 6.02. Nonpartisan elections. All elections for the office of City Commission shall be conducted on a nonpartisan basis without any designation or political party affiliation. .State law reference-Florida Election Code, F.s. cha. 97-106. ~ CHT:10 -r ~ r Sec. 6.03. Qualifying. The City Commission shall cause to be placed on the ballot to be used in the general election the name of any qualified elector of the City who, within the four (4) consecutive days immediately following the first Monday of September prior to said general election, shall have paid to the City Clerk of the City of Miami Beach the sum equal to seven and one-half percent (7V2%) of the annual salary of the office to which helshe seeks election as a qualifying fee and shall have been photo- graphed and fingerprinted by the identification bureau of the Police Department of the City, unless such person shall file with the City Clerk no later than the second day for qualifying as a candidate for such office, a petition approving his candidacy signed by sufficient qualified and reg- istered voters to constitute not less than two percent (2%) of this number of such voters as the same shall be on the date sixty (60) days prior to the first day of qualifying as a candidate for office, and shall have taken, signed and subscribed to an oath or affirmation in writing in which helshe shall state (1) the title of the office for which helshe is a candidate; (2) that helshe is a qualified elector of the City of Miami Beach, Florida; (3) hislher legal residence, by street and number; (4) that helshe is qualified under the ordinances (including Miami Beach City Code Chapter 38 governing "Elections") and Charter of the City of Miami Beach, Florida, to hold the office for which helshe is a candidate. . .. Such oath or affirmation shall be substantially in the following form: STATE OF FLORIDA ) SS: COUNTY OF DADE ) r Before me, an officer authorized to administer oaths, personally appeared to me well known who, being sworn, says that helshe is a candidate for the office of City Commissioner (Group No. (or Mayor) for the City of Miami Beach, Florida; that helshe is a qualified elector of said City; that his/her legal residence is: , Miami Beach, Dade County, Flor- ida; that helshe is qualified under the ordinances (including Miami Beach City Code Chapter 38 ~ Supp. No. 1 CHARTER ~ 7.01 governing "Elections") and Charter of said City to hold such office; and that helshe has paid the required qualification fee. Signature of Candidate Sworn to and subscribed before me this day of AD., 19_. Authorized Officer The City Commission shall, by ordinance, pre- scribe the manner of holding general and special elections not inconsistent with the provisions hereof, and shall, by ordinance or resolution, prescribe polling places in the various voting precincts in the City. Sec. 6.04. Vacancy in candidacy. If the death, withdrawal or removal of a qual- ified candidate for Miami Beach City Commission following the end of the qualifying period results in only one candidate remaining on the ballot for that office, there shall be one supplemental qual- ifying period offive (5) days beginning on the first day following the vacancy in candidacy. No fur- ther supplemental qualifying period shall there- after be established at all if a vacancy in candi- dacy occurs within twenty-six (26) days prior to the date of the general election for the office of City Commissioner or Mayor. Ifwithin twenty-six (26) days prior to the date of the general election for the office of City Commissioner or Mayor, there is only one candidate on the ballot for an elected office, said candidate shall be declared elected and no election for that office shall be required. State law reference-Filling vacancy in candidacy, F.S. ~ 166.031(6). ARTICLE VlI. INITIATIVE AND REFERENDUM [DMSION 1. ORDINANCES] Sec. 7.01. Power of initiative. Upon the presentation to the City Commission of a petition or petitions signed by the qualified CHT:ll ~ 7.01 MIAMI BEACH CHARTER AND RELATED SPECIAL ACTS """"" electors therein, in number equal to ten percent (10%) ofthe registration asking for a submissiQn to the electors of a proposed ordinance fully set . forth in said petition or petitions, being a pro- posed ordinance that said body has authoz.ity to adopt, it must either adopt such measure, wIthout alteration within thirty (30) days of the Issuance of a certificate of a petition's sufficiency by the Metropolitan Dade County Elections Department or submit the same to its electorate at the next succeeding City election occurring more than sixty (60) days after issuance of thE: Metropolitan Dade County Election Department's certificate as to the petition's sufficiency. But, if said petition or petitions are signed by qualified electors in num- ber equal to fifteen percent (15%) of said registra- tion then such measure if not so adopted by the said City Commission, must be submitted to such electorate at a special election to be called within sixty (60) days after issuance of the Metropolitan Dade County Election Department's certificate as to the petition's sufficiency. Any measure that the said City Commission or the electorate of the City has authority to adopt, as herein provided, said City Commission may submit to a vote of its electors at a general or special election. . Editor's Dote-Section 5.03 of the Metropolitan Dade County Charter provides for the exclusive method of.ad?pti~g, amending, Dr revoking municipal charters Dr abolishing .'ts existence as authorized in ~ 11 of Article VIII of the Flonda Constitution of 1885, as amended-therefore the ten:" "mea- sure" in City Charter, ~ 7.01, is limited to proposed ordinances. Dade County Charter ~ 5.03. which is the manda~ry p.roce- dure for amending the City of Miami Beach Charter IS pnnted for informational purposes as follows: . "Sec. 5.03. Municipal charters. "(A) Except as provided in Section 5.04, any municipal- ity in the county may adopt, amend, Dr revoke a charter for its own government Dr abolish its ellistence in the following manner. Its governing body shall. within one hundred twenty (120) days after adopting a resolution or afte~ the certification ofa petition often (10) percent of the qualified electors of the municipality, draft or have drafted by a method determined by municipal ordinance a proposed charter, amendment, revocation. or abolition which shall be submitted to the electors of the municipalities. Unless an election occurs not less than sixty (60) nor more than one hundred twenty (120) days after the draft is submitted, the proposal shall be submitted at a special election within that time. The governing body shall make copIes of the proposal available to the electors not less than thirty (30) days before the election. Alternative proposals may be submitted. Each proposal approved by a majority of the electors voting on such proposal shall become effective at the time rllled in the proposaL Supp. No.1 "(B) All municipal charters, amendments thereto, and repeals thereof shall be filed with the Clerk of the Circuit Court." Sec. 7.02. Power of referendum. Upon the presentation to the City Commission of a petition or petitions signed by the qualified electors therein in number equal to ten percent (10%) of the registration asking that any ordi- nance adopted by the City Commission be re- pealed, such ordinance must either be repealed by the City Commission within thirty (30) days of the issuance of a certificate of a petition's suffi- ciency by the Metropolitan Dade County Elec- tions Department or submit same to its electorate at the next succeeding City election occurring more than sixty (60) days after issuance of the Metropolitan Dade County Elections Department's certificate as to the petition's sufficiency. But, if said petition or petitions are signed by qualified electors in number equal to fifteen percent (15%) of said registration, then such measure asking for ordinance repeal, if not so adopted by the said City Commission, must be submitted to such electorate at a special election to be called within sixty (60) days after issuance of the Metropolitan Dade County Election Department's certificate as to the petition's sufficiency. ~ [DMSION 2. ORDINANCES AND CHARTER AMENDMENTS] Sec. 7.03. Form of petition. The form of petition shall be available in the. City Clerk's Office; this petition form shall be used for the purpose of initiative and referendum. Sec. 7.04. Filing, examination, and certifica- tion .of petitions. All petition papers comprising an initiative or referendum petition shall be presented to the City Commission as one (1) instrument. Within ten (10) days after a petition is formally presented to the City Commission, the City Clerk shall deter- mine whether each petition paper is in proper form. Within ten (10) days from determining that the petition is in proper form, the City Clerk shall transmit the petition papers to the Metropolitan '"""" CHT: 12 --r .f r ("."'-; l <......-.. r ... . Dade County Department of Elections for pur- poses of determining whether the petition as a whole has been signed by a sufficient percentage of the City electors. The Metropolitan Dade County Elections Department shall complete a certificate as to the petition's sufficiency (concerning requi- site number of signatures); such certificate shall specify if it is insufficient, and a copy of this certificate shall be promptly sent to the City Clerk. The City Clerk shall then promptly for- ward the certificate on to the petition's initiator, and shall also present the certificate to the City Commission. Sec. 7.05. Amendment of petitions. An initiative or referendum petition certified as insufficient for lack of the required number of valid signatures may be amended with additional signatures one (1) time; the initiator of the peti- tion may do so by filing with the City Clerk supplementary documents bearing additional sig- natures within thirty (30) days after receiving the copy of the certificate of the Metropolitan Dade County Elections Department regarding the in- sufficiency of the petition. No further action on that petition shall be permitted, but the insuffi- ciency shall not prejudice the filing of a new petition for the same purpose. Sec. 7.06. Results of election. If the election results of a measure shall be approved by the voters, said measure shall go into effect upon acceptance by the City Commission of the certification of the election results. If the provisions of two (2) or more measures approved and adopted at the same election con- flict, then the measure receiving the highest af- firmative vote shall control. ARTICLE VllI. SCHEDULE, MISCELLANEOUS Sec. 8.01. Effective date; review. Upon approval by the City's electorate, this Charter will become effective on November 3, 1993 pursuant to the special election of the City of Miami Beach held on the 2nd day of November, CHARTER ~ 8.06 1993. This Charter shall be reviewed ten (10) years from November 3, 1993 and each tenth year thereafter. Sec. 8.02. Ordinances preserved. All ordinances in effect upon the adoption of this Charter, to the extent not inconsistent here- with, shall remain in full force and effect until amended or repealed. Sec. 8.03. Repeal of former Charter provi- sions. . Subject to Section 8.06 hereinbelow, all Char- ter provisions in effect prior to the effective date of this Charter, including but not limited to those contained in Laws of Fla., 1917, ch. 7672 as amended, are expressly repealed. Sec. 8.04. Precedence over related laws. In case of conflict between the provisions of this Charter and the provisions of the City's Related Laws, Charter terms shall control. Sec. 8.05. Officers, employees and agents. The adoption of this charter, except as other- wise specifically provided, shall not affect or im- pair the rights, privileges or immunities of per- sons who are City officers, employees or agentl!l at the time of adoption of this charter. All elected officers holding office on November 2, 1993, shall continue in office for the terms to which elected. Sec. 8.06. Debts, contracts and assessments preserved. . No debt or obligation of contract of, or assess- ment by the City shall be impaired as a result of the adoption of this Charter, but all such debts, obligations and assessments shall pass to and be binding upon the City and other parties thereto in accordance with their terms and, to the extent applicable, the charter of the City as in existence at the time of their incurrence or imposition, as applicable. All obligations and rights arising in connection with projects financed pursuant to former City Charter Sections 29 and 30 shall be CHT: 13 ~ 8.06 MIAMI BEACH CHARTER AND RELATED SPECIAL ACTS "'""" unaffected and shall remain in full force and effect as if said Sections 29 and 30 had survived the adoption of this Charter. Sec. 8.07. Existing rights, obligations. du- ties and relationships. All rights, obligations, duties and relationships now existing by law or agreement between the City of Miami Beach and other governmental units shall be unaffected and shall remain in full force and effect. Sec. 8.08. Severability. If any section, sentence, clause or phrase of this Charter is held to be invalid or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of this Charter. APPENDIX A Begin in Dade County, Florida, at a point 1,500 feet East of where the North Une of Section 2, in Township 53 South, of Range 42 East, intersect to low water mark of the Atlantic Ocean as shown in Section 5 of the Miami Beach City Code; thence run in a Southerly direction, meandering 1,500 feet East of the low water mark of the Atlantic Ocean to the intersection of the Southeasterly production of a line bearing North 50050' West, said line being that same course which is de- scribed in the deed from the Internal Improve- ment Fund of the State of Florida to the City of Miami, filed for record on August 31, 1942 in Deed Book 2247 at Page 260 of the Public Records of Dade County, Florida, said course being described in said instrument as, "Thence run North 50050' West on a line which is 700 feet Northeasterly from and parallel to the Northeasterly side of a tract of land heretofore acquired by the Trustees of the Internal Improvement Fund, through Master's Deed, dated May 21, 1940 and recorded in Deed Book 2065 at Page 487, Public Records of Dade County, Florida, a distance of 4480 feet, more or less, to a point of intersection with the East line of the West one-half of said Section 9"; thence run North 50050' West, along the above- described line for a distance of 4480 feet more or less, to a point of intersection with the East line of the West half of Section 9, Township 53 South, Range 42 East; thence run Northerly along the East line of the West half of said Section 9 for a distance of 1,320 feet to the point of intersection with a line which is 100 feet North of and parallel with the North boundary of Fisher Island; thence run North 88004' East along said line being 100 feet North of and parallel with the Northerly boundary of Fisher Island to the point ofintersec- tion with the Southerly boundary of Miami Mu- nicipal Channel; thence run Northwestedy along the Southerly line of said Miami Municipal Chan- nel to the point ofintersection with the Northerly line of the F.E.C. Railway company channel; thence run Easterly, along the Northerly line of F.E.C. Railway Company Channel to a point of inter sec- tion with a line which is 80 feet Northeasterly from and measured at righ~ angles to the centerline of the Miami Municipal Channel, said line being the same which is described in the deed from the Internal Improvement Fund of the State of Flor- ida to the City of Miami, filed for records January 21, 1932 in Deed Book 1472 at Page 474 of the Public Records of Dade County, Florida; thence run Northwesterly, along the aforesaid described line to a point of intersection with the East boundary of the City of Miami Corporate Limit as authorized by chapter 116117 (No. 282) 1925 Laws of the State of Florida [Chapter 57-1583 Senate Bill No. 1043]. 1 Thence Northeastedy along the said Easterly Corporate Limits of the City of Miami to a point on the centerline of the General Douglas MacArthur Causeway, said point being 1917.47 feet North- westerly from the intersection of the Southedy production of the centerline of Fountain Street as shown on the Plat of Palm Island as recorded in plat Book 6 at Page 54 of the Public Records of Dade County, Florida, with the centedine of said General Douglas MacArthur Causeway; thence continue in a Northerly direction to a point on a line running East and West through the center of Sections 22 and 23 in Township 53 South, Range 42 East, produced West, and 10,249.6 feet. West of the Northeast corner of the Southeast quarter of said Section 22; thence continue in a Northerly direction following as near as may be the center of Biscayne Bay to the intersection with the South ~ CHT:14 ."'r :f boundary line of the City of North Bay Village; thence run Easterly, along the South boundary line ofthe City of North Bay Village to the point of intersection with the East line of Section 9, Town- ship 53 South, Range 42 East, the last described course being parallel to the North line of said Section 9 and, the above mentioned point of intersection located 4,622.70 feet (Measured along the section line) Southerly of the Northeast cor- ner of said Section 9, according to the map of the City of North Bay Village prepared by Geirseh Engineering. Co. dated September 7, 1951; thence run Northerly, along the East line of said Section 9 for a distance of 3,979.37 feet to a point of intersection with the Southeasterly extension of the centerline of the draw bridge of 79th Street Causeway, located on the East viaduct ofBiscayne Bay, as shown in the abovementioned map of the City of North Bay Village; thence run Northwest- erly through the centerline of said draw bridge to the intersection with the centerline of Biscayne Bay, this course being along the Northeasterly boundary line of the City of North Bay Village; thence tun in a Northeasterly direction, following as near as may be the center of Biscayne Bay to the intersection of Biscayne Bay with the North line of Section 2, Township 53 South, Range 42 East projected West; thence run East to a point 1,500 feet East of where the North line of said Section 2 intersects the low water mark of the Atlantic Ocean which is the place of beginning, which territorial boundaries shall include all is- lands, sand bars and submerged land lying within said described territory. ,.....r ,1 Excluded from the corporate limits of the City of Miami Beach, the following described lands lo- cated in Fisher Island2*: Parcel No.1 (Tracts 1 through 8), Parcel No.2 and parcel No.3, known as Garfield E. Wood property, ousted from the City of Miami Beach jurisdiction by court Order No. 24531, recorded in Book 194 at r "Editor's note-The following footnote to this provision was adopted with the Charter: "For cases excluding certain lands on Fisher's Island from corporate limits of City, see City of Miami Beach v. State exre!. Wood, (Fla.) 56 So. 2d 520; State exrel. Belcher Oil Co. v. City of Miami Beach, Dade County Circuit Court, 59 L. 1004. ,. CHARTER App.A Page 28, of the Public Records of Dade County, Florida and more particularly described as fol- lows: From a concrete monument designated as Monu- ment "F" which is 1,153 feet West and 2,102 feet South of the Northeast comer of the Northwest quarter of Section 10, Township 54 South, Range 42 East and on the Southern boundary line of the United States Government Reservation, said Mon- ument "F" being the POINT OF BEGINNING of the tract herein described, run North 65013' West along said Southerly boundary a distance of884.84 feet to a point; thence run North 24047' East, along the Westerly boundary of the United States Government Reservation a distance of 400 feet; thence South 88012'40" West for a distance of 894.20 feet; thence South 8804' West for a dis- tance of 100 feet to the Northeast comer of Belcher Oil Company property; thence South 1056' East a distance of 520 feet to a point located on the North right-of-way line of "B" Street, accord- ing to the Plat of Commercial Subdivision of Harbor Terminal, recorded in Plat Book 23, Page 67, of the Public Records of Dade County, Florida; thence run North 88004' East, along the North right-of-way line of said "B" Street for a distance of 966.02 feet to a point marked PRM#5 on the above-mentioned plat of Commercial Subdivision of Harbor Tenninal; thence run along the arc of a curve concave to the South having a central angle of 26043' and a radius of610.31 feet for a distance of 284.54 feet; thence run South 106' East, along the East right-of-way line of First Street as shown in said Plat of Commercial Subdivision of Harbor Tenninal for a distance of 1,334.10 feet; thence run South 8804' West along the South line of "D" Street, shown in said Plat of Commercial Subdi- vision of Harbor Terminal for a distance of 1,680 feet to the point of intersection with the West right-of-way line of Fifth Street; thence run North 1056' West along the West right-of-way line of Fift.h Street and its Northerly extension for a distance of 1,873.07 feet to a point labeled Mon. "B" in the above-mentioned plat of Commercial Subdivision of Harbor Tenninal; thence run South 88004' West for a distance of 1,975 feet more or less, to a point on the Eastern side of "Lemon City" channel, said point being the Northwest corner of the property described in Trustees of the CHT:15 App.A MIAMI BEACH CHARTER AND RELATED SPECIAL ACTS .-...., Internal Improvement Fund of the State of Flor- ida, Deed No. 16936 of the Alton Beach Realty Company, dated August 6, 1920 and recorded in Deed Book 230, at Page 5, of the Public Records of Dade County, Florida; thence run South 9050' East, a distance of650 feet along the Eastern side of said channel to a point; thence South 50050' East a distance of 3,600 feet plus or minus, to the high-water line of the Atlantic Ocean; thence run Easterly and Northeasterly, meandering said high- water line of the Atlantic Ocean to the point where said shore line intersects the Southern boundary line of the United States Government Reservation; thence run North 65013' West, along said boundary line to Monument "F" the POINT OF BEGINNING, together with riparian rights and water privileges if any, adjacent, appurtenant or belonging thereto. Also excluded parcel 4 known as Garfield E. Wood property, ousted from the City of Miami Beach jurisdiction by Court Order No. 24531, recorded in Book 194, at Page 28, Public Records of Dade County, Florida, situate, lying and being in Commercial Subdivision of Terminal Harbor, according to the Plat thereof recorded in Plat Book 23, Page 67, of the Public Records of Dade County, Florida, containing the following lots: Lots 3, 5, 8, 10, 11, 12, 13, 14, 15, 18, 20 and 21 in Block 1 Lots 2, 3, 4, 6, 7,10,11,13,14,15,16, 17,18,21 and 22 in Block 2 Lots I, 2, 3, 4, 7,10,11,12,13,14,15,18,19,20, 21 and 22 in Block 3 Lots 1,2,3,4,5,14,15,16,17,18,19,20,21,22, 23,24,25,28,29,30,31,32,34,35,36,40,41,42, 44 and 46 in Block 4. An undesignated parcel ofland lying in said Block 4 between Lots 5 and 12 for which lot numbers 6 to 11, both inclusive, have been reserved but not indicated on the Plat of records. Lots 1,2,3,4,5,6, 7, 8, 9, 10, 11, 12, 13, 14, 16, 17, 18, 19, 20, 21, and 22, in Block 5 Lots I, 2, 3, 4, 7, 8, 9, 10, 14, 15, 18, 19 and 20 in Block 6 and Lots 3, 4, 5, 6, 7, 8, 9,14,15,16,17,18,19 and ~O in Block 7. Also excluded from the corporate limits of the City of Miami Beach the following described lands located in Fisher Island: Parcels 1, 2, 3 and 4, known as Belcher Oil Company property, located in Section 9 and 10, Township 53 South, Range 42 East, ousted from the City of Miami Beach jurisdiction by Court Order No. 59L1004-M, recorded in Book 437 at Page 144, of the Public Records of Dade County, Florida, dated January 21,1960 and more partic- ularly described as follows: From a concrete Monument "F" which is 1,153 feet West and 2,102 feet South of the Northeast corner of the Northwest quarter of Section 10, Township 54 South, Range 42 East, and on the Southern boundary of the United States Govern- ment Reservation run North 65013'00" West a distance of 1,684.59 feet to a point; thence run South 88004' West for a distance of 100 feet to the POINT OF BEGINNING of the tract herein de- scribed; thence run South 1056' East for a dis- tance of 520 feet to a point on the North line of"B" Street as shown in Commercial Subdivision of Harbor Terminal, according to the Plat thereof recorded in Plat Book 23 at Page 67, of the Public Records of Dade County, Florida; thence run South 88004' West, along the North line of said "B" Street for a distance of 500 feet; thence run North 1056' West for a distance of 520 feet to a point located on the bulkhead line of Fisher Island; thence run North 88004' East for a distance of 500 feet to the POINT OF BEGINNING. Said lands containing 5.968 acres more or less. Also excluded from the corporate limits of the City of Miami Beach the following described lands located on Fisher Island: Portion of Section 10, Township 54 South, Range 42 East, deannexed from the jurisdiction of the City of Miami Beach by Ordinance No. 91-72 of the City Commission for the City of Miami Beach and more particularly described as follows: Commence at the North-Northwest corner of "Lindisfarne on Fisher Island Section 3" accord- ing to the Plat thereof as recorded in Plat Book 135, Page 15 ofthe Public Records of Dade County, Florida; thence South 65013'00" East, along the North line of the aforementioned "Lindisfarne on --.. .-...., CHT: 16 .~--r I -" ",..,.,r ."1 ~ ~:. . ....'.. J .__"'v r .\ . ./ ~.:_~, CHARTER Fisher Island Section 3" a distance of 786.41 feet to the POINT OF BEGINNING of the herein described property; thence continue South 65"13'00" East along said North line a distance of 233.35 feet; thence North 27"39'54" West a dis- tance of 113.80 feet; thence North 79"36'35" West a distance of 124.28 feet; thence South 55"23'23" West a distance of 44.69 feet to the POINT OF BEGINNING. Said lands situate, lying and being on Fisher Island, Dade County, Florida, and containing 0.231 acres more or less. CHT: 17 App.A