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R-0663-79 RESOLUTION NO. 663-79 RESOLUTION APPROVING PROPOSED AMENDMENT TO ARTICLE III, SECTION 28, OF MIAMI SHORES VILLAGE CHARTER, IN ORDER TO PROVIDE FOR INITIATIVE AND REFERENDUM AND TO AMEND RECALL PROCEDURE. WHEREAS, the Council of Miami Shores Village believes that the resident voters of Miami Shores Village should have the right to determine whether they wish to provide for initiative and referendum and amend the recall procedure presently set forth in the Village Charter, NOW, THEREFORE, BE IT RESOLVED by the Council of Miami Shores Village that this Council hereby approves the proposed amendment to Article III, Section 28, of the Miami Shores Village Charter, attached hereto, providing for initiative and referendum and amending the Charter recall provision. PASSED and ADOPTED this 6th I day of March ). 1979; MIAMI SHORE VILLAGE b By. Mayo ATTEST: Village Cle r t PROPOSED AMENDMENT TO ARTICLE III, SECTION 28, OF THE MIAMI SHORES VILLAGE CHARTER ARTICLE III, Section 28, Recall, initiative and referendum. A. Initiative and Referendum. The electors of the Village shall have the power to propose to the Village Council passage or repeal of ordinances and to vote on the question if the Council refuses action, according to the following procedure: (1) The person proposing the exercise of this power shall submit the proposal to the Council which shall without delay approve as to form a petition for circulation in one or several copies as the proposer may desire. (2) The person or persons circulating the petition shall, within one month of the approval of the form of the petition, obtain the signatures of voters in numbers at least equal to five per cent of the total vote in the Village for the office of Governor at the last preceding gubernatorial general election, or 500 signatures, whichever is less. Each signer of a petition shall place thereon, after his name, the date, and his place of residence or precinct number. Each person circulating a copy of the petition shall attach it to a sworn affidavit stating the number of signers and the fact that each signature was made in the presence of the circulator of the petition. (3) The signed petition shall be filed with the Council which shall within 30 days order a canvass of the signa- tures thereon to determine the sufficiency of the signatures. If the number of signatures is insufficient or the petition is deficient as to form or compliance r I with this section, the Council shall notify the person filing the petition and allow 30 days for filing of additional petition papers, at the end of which time the sufficiency or insufficiency of the petition shall be finally determined. (4) The Council shall within 30 days after the date a sufficient petition is presented either: (a) Adopt the ordinance as submitted in an initiatory petition or repeal the ordinance referred to by a referendary petition, or (b) Determine to submit the proposal to the electors. (5) The vote of the electors, if required, shall take place within 120 days after the date the petition is presented to the Council, preferably in an election already scheduled for other purposes, otherwise, in a special election. The result shall be determined by a majority c/ vote of the eletors voting on the proposal. (6) An ordinance proposed by initiatory petition or the repeal of an ordinance by referendary petition shall be effective on the day after the election, except that: (a) Any reduction or elimination of existing revenue or any expenditures not provided for by the current budget or existing bond issues shall not take effect until the beginning of the next succeeding fiscal year; and (b) Righs accumulated ender an ordinance between the time a certified referendary petition against the ordinance is presented to the Village and the - 2 - J repeal of the ordinance by the voters, shall not be enforced against the Village; and (c) Should two or more ordinances adopted at the same election have conflicting provisions, the one receiving the highest number of votes shall prevail as to those provisions. (7) An ordinance adopted by the electorate through initiatory proceedings shall not be amended or repealed by the Council for a period of one year after the election at which it was adopted, but thereafter it may be amended or repealed like in other ordinance. B. Recall. Any member of the Miami Shores Village Council may be removed from office by the electors of the Village on a recall procedure which shall be identical with that for an initiatory or referendary petition, except that: (1) The Village Clerk shall approve the form of the petition. (2) The person or persons circulating the petition must obtain signatures of electors of the Village in numbers at least equal to ten per cent or 500, whichever is smaller, of the voters qualified to vote in Village elections. (3) The signed petition shall be filed with and canvassed and certified by the Village Clerk. (4) The Village Council must provide for a recall election not less than 45 nor more than 90 days after the certi- fication of the petition. (5) The question of recall shall be placed on the ballot in a manner that will give the elector a clear choice for or against the recall. The result shall be determined by a majority vote of the electors voting on the question. - 3 - (6) If the majority is against recall, the officer shall continue in office under the terms of his previous election. If the majority is for recall, he shall, regardless of any defect in the recall petition, be deemed removed from office immediately. (7) No recall petition against such an officer shall be certified within one year after he takes office nor within one year after a recall petition against him is defeated. (8) Any vacancy created by recall shall be filled for the remaining term by appointment by the Village Council, or the Council may require the office to be filled at the next regular election or at a special election called for that purpose. C. Costs. The costs incurred in verifying the signatures on any petition filed for initiative, referendum, or recall shall be advanced by the person or persons filing same. 4 -