O-718-16 ORDINANCE NO. 718-16
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL,AMENDING SECTION 19-17,
OF ARTICLE II, PLANNING BOARD; OF THE VILLAGE CODE OF ORDINANCES,
PERTAINING TO BOARD MEMBERS' APPOINTMENT AND TERMS, PROVIDING FOR
SEVERABILITY, PROVIDING FOR CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, the Village Council has expressed a desire to institute term limits for the
various Village Boards and Committees; and,
WHEREAS, the Planning & Zoning Board is a Board whose members are periodically
appointed by the members of the Council; and,
WHEREAS, a Code amendment is required in order to accommodate the requested term
limit provisions;
NOW, THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL,that:
Section 1. Section 19-17 of the Village Code of Ordinances shall stand amended to read as
follows:
The planning board shall consist of five members to be appointed by the council for two-year
terms. Appointments shall be made on the basis of experience or interest in the subject matter, at the
sole discretion of the village council. The membership of the board should, whenever possible, include
professionals, such as architects, engineers, contractors, realtors, lawyers, etc., but shall not be limited
to those professions. At least one year of residency in the Village is a minimum qualification for
appointment. Each member shall hold office until his successor has been duly appointed except when
removed by the village council, and any member may be removed at any time by a majority vote of the
village council. Appointments to fill a vacancy shall be for the remainder of the unexpired term. If any
member fails to attend two of three successive meetings without cause and without prior approval of
the chair, the board shall declare the member's office vacant, and the village council shall promptly fill
such vacancy for the remainder of the term.
Notwithstanding any code provisions to the contrary, board members commencing a non-consecutive
term after January 1, 2016 shall serve no more than four consecutive terms. Incumbent board members
holding office on January 1, 2016, regardless of their prior length of service, may continue to serve on
the board until their then existing term expires and shall be eligible for reappointment by the council.
Such reappointment would be deemed the individual's second term with respect to the term limits set
forth herein. Board members may serve no more than four consecutive two-year terms. Term limited
individuals shall vacate their position for a minimum of one regular term before becoming eligible for
reappointment to the same board.
A 4/5 vote of the Council may override the stipulated term limit or residency requirement.
Section 2. If any section, clause, sentence, or phrase of this Ordinance is for any reason
held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect
the validity of the remaining portions of this Ordinance.
Section 3. All Sections or parts of Sections of the Code or Ordinances, all Ordinances or part
of Ordinances, and all Resolutions or parts of Resolutions, in conflict with this Ordinance are
repealed to the extent of such conflict.
Section 4. This Ordinance shall be effective immediately upon adoption at second and final
reading.
PASSED ON first reading this 2nd day of February , 2016.
PASSED AND ADOPTED ON second and final reading this 5th day of April , 2016.
*U� 61U J-11/
Alice Burch, Mayor
ATTEST:
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Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan, Village Attori ey