O-734-17 e
ORDINANCE NO. 734-17
AN ORDINANCE OF THE MIAMI SHORES VILLAGE COUNCIL, MIAMI
SHORES, FLORIDA, CHANGING THE DATE FOR THE 2017 REGULAR
ELECTION AND RUNOFF ELECTION FOR VILLAGE COUNCILPERSONS,
ADJUSTING TERMS OF OFFICE NECESSITATED BY SUCH CHANGES IN
ELECTION DATES, PROVIDING FOR SEVERABILITY, PROVIDING FOR
CONFLICTS, AND PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS,Section 25 of the Miami Shores Village Charter reads, in pertinent part, as
follows:
Regular elections shall be held on the 2nd Tuesday in April of each
off-numbered year, commencing in 1951. Elections ... shall be held
under the supervision of the council ..., and otherwise pursuant to
such ordinances as heretofore or hereafter adopted;
WHEREAS, similar language also appears in Section 22(a) of the Village
Charter;
WHEREAS, subsequent to the adoption of the Village Charter, the Florida legislature
enacted Florida Statute Section 166.021 making clear that Florida Municipalities, as a general rule,
enjoy broad "home rule powers";
WHEREAS, specifically, Florida Statutes Section 166.021(5) provides that "[a]II existing
Special Acts pertaining exclusively to the power or jurisdiction of a particular municipality except as
otherwise provided in Subsection 4 shall become an ordinance of that municipality on the effective
date of this Act, subject to modification or repeal as other ordinances."
WHEREAS, Florida Statute Section 166.021(4) Florida Statutes provides in pertinent part:
"It is the further intent of the legislature to extend municipalities the
exercise of powers for municipal governmental, corporate or
proprietary purposes not expressly prohibited by the constitution,
general or special law, or county charter and to remove any
limitations,judicially imposed or otherwise, on the exercise of home
rule powers other than those so expressly prohibited. However,
nothing in this act shall be construed to permit any changes in a
special law or municipal charter which affect the exercise of
extraterritorial powers or which affect an area which includes lands
within and without a municipality or any changes in a special law or
municipal charter which affect the creation or existence of a
municipality, the terms of elected officers and the manner of their
election except for the selection of election dates and qualifying
periods for candidates and for changes in terms of office
necessitated by such changes in election dates, (Emphasis
added.)
WHEREAS, Florida Statutes Section 100.3605(2) provides that the governing body of a
municipality may, by ordinance "change the dates for qualifying and for the election of members of
the governing body of the municipality and provide for the orderly transition of office resulting from
such date changes";
WHEREAS, the 2nd Tuesday in April of the year 2017 falls in the middle of a major Jewish
holiday and also coincides with the scheduled spring break for many of the local public and private
schools serving the Miami Shores community, all such that if the regular election for Village
Councilpersons were to occur on that date as specified in the Village Charter, it could be expected
that a large number of Village electors, whether by virtue of their observance of the religious
holiday or their absence from the jurisdiction for purposes of a spring break trip, or otherwise,
might be unwilling or unable to participate in person in such election;
WHEREAS, the Miami Shores Village Council, by Resolution, has scheduled a referendum on
a proposed bond issue for construction of a new Community Center to occur at the same time as
the regular election date for Village Councilpersons (which referendum could be expected to be of
particular interest and importance to parents of school-age children who might already have
scheduled spring break travel plans), and
WHEREAS, it is in the best interest of the electors of Miami Shores Village to move the date
for regular election of Village Councilpersons (as well as the date for any necessary runoff election)
and the date for the aforesaid bond referendum, and to adjust accordingly the terms of offices of
Village Councilpersons, all in order to accommodate these conflicts.
NOW,THEREFORE, BE IT ORDAINED BY THE MIAMI SHORES VILLAGE COUNCIL,that:
Section 1: Section 25 of the Miami Shores Village Charter is hereby amended to add the
following text at the end of the existing language thereof:
Notwithstanding anything to the contrary anywhere within the
Village Charter or Village Code of Ordinances, for the calendar year
2017 only, the regular election for Village Councilpersons shall occur
on April 18, 2017 with any necessary runoff election to occur on May
2, 2017. Moreover, to the extent necessary, the terms of office of
those existing and newly elected Councilpersons occupying or to
occupy a council seat contested in the 2017 election(s) shall be
deemed adjusted and modified such that the term of office for such
existing Councilperson(s) shall not expire until the induction into
office of such newly elected Councilperson(s), and the term of office
of such newly elected Councilperson(s) shall expire upon the
induction into office of their respective successors in office.
Section 2: Conflicts. All ordinances, parts of ordinances, or Charter provisions in conflict
herewith or inconsistent herewith, are hereby repealed, but only insofar as same may be
inconsistent or in conflict with this Ordinance.
2
Section 3: Severance of Invalid Provisions. If any section, subsection, sentence, clause,
phrase, word or provision of this Ordinance is held to be invalid or unconstitutional by a Court of
competent jurisdiction, then said holding shall not be so construed as to render invalid or
unconstitutional the remaining provisions of this Ordinance.
Section 4: Effective Date.This Ordinance shall take effect immediately upon its approval and
adoption.
PASSED AND ADOPTED on an emergency basis, on this 7th day of February , 2017.
Alice Burch, Mayor
ATTEST:
/ad" a L40,
Barbara A. Estep, MMC
Village Clerk
APPROVED AS TO FORM:
Richard Sarafan
Village Attorney
3