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Home My WebLink AboutO-12381J-03-420 6/19/03 ORDINANCE NO. 12381 AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS; CHANGING THE TUESDAY, NOVEMBER 11, 2003, CITY OF MIAMI MUNICIPAL RUN-OFF ELECTION TO TUESDAY, NOVEMBER 18, 2003, TO PROVIDE THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS SUFFICIENT TIME TO ACCURATELY PROGRAM VOTING MACHINES, PRINT AND TEST -RUN THE BALLOT, AND PROVIDE SUFFICIENT TIME FOR PROCESSING ABSENTEE BALLOTING; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS ORDINANCE TO THE MIAMI-DADE COUNTY MANAGER AND ELECTIONS SUPERVISOR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the Charter of the City of Miami, Section 7 (hereinafter "Section 711), provides, inter alia,: and [a] regular [run-off] municipal election for the election of commissioners shall be held on the second Tuesday after the first Monday in November in odd - numbered years. A nonpartisan primary election for the nomination of candidates for the commission shall be held on the first Tuesday after the first Monday in November in odd -numbered years....; WHEREAS, pursuant to Section 7, this year's Primary (first) Election, is mandated to be scheduled on November 4, 2003; and WHEREAS, pursuant to Section 7, this year's Run -Off (regular) Election is mandated to be scheduled on November 11, 2003; and 381 WHEREAS, the Miami -Dade County Manager and Miami -Dade County Elections Department, in its efforts to facilitate an orderly, mutually cost-effective and coordinated holding of Miami -Dade County's municipal elections, now permanently requires a minimum of two weeks between primary and run-off elections to accurately program voting machines, print and test -run the run-off election ballot, and provide sufficient time for processing absentee balloting, have requested a substitute date of Tuesday, November 18, 2003, for the holding of the November 2003 Run -Off Election; and WHEREAS, Section 100.3605(2), Florida Statutes (2002), provides: and (2) 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 City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to change the date for the November 2003 Municipal Run -Off Election as hereinafter set forth; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and Page 2 of 4 12 3) 8 1 incorporated as if fully set forth in this Section. Section 2. The Tuesday, November 11, 2003 Run -Off (Regular) Municipal Election is changed to Tuesday, November 18, 2003, to provide the Miami -Dade County Supervisor of Elections sufficient time to accurately program voting machines, print and test -run the ballot, and provide sufficient time for processing absentee balloting for the Run-off Election. Section 3. The City Clerk is directed, upon the adoption of this Ordinance on second and final reading, to notify the Miami -Dade County Elections Department of said change, and transmit certified copies of this Ordinance to the Miami -Dade County Manager and Elections Supervisor. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 5. If any section, part of section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 6. This Ordinance shall become effective IMMEDIATELY after final reading and adoption thereof.11 1� This Ordinance shall become effective as specified herein unless vetoed by the Mayor within ten days from the date it was passed and adopted. If the Mayor vetoes this Ordinance, it shall become effective immediately upon override of the veto by the City Commission or upon the effective date stated herein, whichever is later. Page 3 of 4 12381 PASSED ON FIRST READING BY TITLE ONLY this 8th day of May , 2003. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 25th day of June , 2003. ATTEST: P ISCILLA A. THOMPSON CITY CLERK „000i 17DA49"VILARELLO ATTORNEY W1443:BSS CORRECTNESS: Page 4 of 4 SECOND READING ORDINANCE CITY OF MIAMI CITY ATTORNEY'S OFFICE MEMORANDUM TO: Mayor and Members of the City Commission FROM: Alejandro Vilarello, City Attorney DATE: April 30, 2003 RE: Proposed First Reading Ordinance -May 8, 2003 City Commission Meeting Change Tuesday, November 11, 2003 Run -Off Election to be held on Tuesday, November 18, 2003 (J-03-420) Miami -Dade County Manager Steve Shiver has requested that the date for the Run -Off (Regular) Municipal Election, mandated by the Charter of the City of Miami to be held this year on Tuesday, November 11, 2003, be changed to Tuesday, November 18, 2003, to assure the Miami -Dade County Supervisor of Elections has sufficient time to accurately program voting machines, print and test -run the ballot, and process absentee balloting for the Run-offElection (copy of letter attached). Section 7 of the Charter of the City of Miami provides, inter alia.: [a] regular [run-off] municipal election for the election of commissioners shall be held on the second Tuesday after the first Monday in November in odd -numbered years. A nonpartisan primary election for the nomination of candidates for the commission shall be held on the first Tuesday after the first Monday in November in odd -numbered years.... However, Section 100.3605(2), Florida Statutes (2002), provides: (2) 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. To accommodate County Manager Shiver's request, the attached ordinance has been drafted and submitted to the Agenda Coordinator for placement on the May 8, 2003 Agenda. A Resolution calling for the Primary and Run -Off Elections for the election of three Commissioners, if - appropriate, will be scheduled on the June 12, 2003 City Commission Agenda. In addition, the City Commission may direct the City Attorney to draft a resolution for a Charter Amendment on the November 4, 2003. ballot to amend Charter Section 7 to provide for a permanent two week time span between all future Primary and Run -Off Elections, as requested by Miami -Dade County. W868:BSS Attachments c: Joe Arriola, City Manager Priscilla A. Thompson, City Clerk Elvi G. Alonso, Agenda Coordinator Sylvia Scheider, Assistant City Clerk Anna Medina, Chief Deputy City Clerk 12381 METROPOLITAN DADE CC' 'NTY, FLORIDA MEra�' STEPHEN P. CLARK CENTER OFFICE OF COUNTY MANAGER SUITE 2910 111 N.W. 1st STREET MIAMI. FLORIDA 3312&199 March 10, 2003 (305) 375-531 Mr. Joe Arriola City Manager City of Miami 3500 Pan American Drive Miami, FL 33133 Dear Manager Arriola: Miami -Dade County recommends that the Miami City Commission adopt an ordinance changing the date of your upcoming Regular Election (runoff) from November 11, 2003 to November 18, 2003. Additionally, it is recommended that all future election dates be amended to provide a minimum of two weeks between primary and regular elections. Section 1003605(2), Florida Statutes states: The governing body of a municipality may; by ordinance, change the dates for qualifying and for the elections of members of the govenung body of the municipality and provide for the orderly transition of office resulting $am such date change. The additional time between elections is essential to offering voters the opportunity to vote both in-person on Election Day as well as by absentee ballot Should a general election be necessary, two weeks between the primary and regular elections will allow for the accurate programming of the voting machines as well as the preparation, printing, testing and return of absentee ballots. Enclosed for your reference is a copy of the ordinance that was adopted in 1997 by the Miami City Commission changing the date of the regular election. A member of my staff will gladly make a presentation regarding this matter to your City Commission. Please contact me if you have any questions or need any additional information. Steve Shivery County Manager Enc. G_ c: Alicia Cuervo Schreiber, Assistant County Manager Murray A. Greenbem First Assistant County Attorney -: Susan Tomes, Assistant County Attorney = T rpt David Leahy, Supervisor of Elections N N O Lester Sola, Acting Director, Elections Department o .o /Priscilla A. Thompson, City Clerk ` 12381 - MIAMI DAILY BUSINESS REVIEW Published Daily except Saturday, Sunday anc Legal Holidays Miami, Miami -Dade County, Florida STATE OF FLORIDA COUNTY OF MIAMI-DADE: Before the undersigned authority personally appeared O.V. FERBEYRE, who on oath says that he or she is the SUPERVISOR, Legal Notices of the Miami Daily Business Review f/k/a Miami Review, a daily (except Saturday, Sunday and Legal Holidays) newspaper; published at Miami in Miami -Dade County, Florida; that the attached copy of advertisement, being a Legal Advertisement of Notice in the matter of P.O. #11057 CITY OF MIAMI - NOTICE OF PROPOSED ORDINANCE RELATING TO MUNICIPAL ELECTIONS in the XXXX Court, was published in said newspaper in the issues of 06/17/2003 Affiant further says that the said Miami Daily Business Review is a newspaper published at Miami in said Miami -Dade County, Florida and that the said newspaper has heretofore been continuously published in said Miami -Dade County Florida, each day (except Saturday, Sunday and Legal Holidays) and has been entered as second class mail matter at the post office in Miami in said Miami -Dade County, Florida, for a period of one year next preceding the first publication of the attached copy of advertisement; and affiant further says that he or she has neither paid nor promised any person, firm or corporation any discount, rebate, commission or refund for the purpose of securing thi , dve n r publication in the said newspaper. n Sworn to and sLIJIls¢fibed before me this 17 (SEAL) V O.V. FERBEYRE pers naily kr�6hK£bkhdJOTARYSEAL IANETT LLERENA NOTARY PUBLIC STATE OF FLORIDA COMMISSION NO. CC 912958 MY COMMISSION EXP. A INE 23 e I'C'Y gkdn *W..the, Clr Corrwnte//Ron of the Lily of Menai, 1"'VA obvider the fWowing oid narxe orr'secorrd and fhb mxkV on June 2k 20" commend g at 9:00 a.rnX in the City Cortamra w Chernbers; 3900 Pan Anaerk an Drive, Mismf, Florida: OpOMiAWE NOj AN ORDINANCE OF THE MUM CITY COMMMSSION RELAT- ING TO MUNICIPAL ELECTIONS; CIIIIIANGING THE TUES- DAY, SER 11, 2003, CITY OF MIAN MUNICIPAL RUN- OFF ELECTION To TUESDAY, NOVEMBER 18, 2005, TO PROVIDE THE M AilM-DADE COUNTY SUPERVISOR OF ELECTIONS SUFFICIENT Toe TO ACCURATELY PRO- GRAM , VOTING MACHINES, PRINT. AND TEST -RUN THE BALLOT, AND PROVIDE ANT TIME FOR PROCESS- ING ABSENTEE SAIJOT1NM� DIRwrING T+IE CITY CLERK TO TRANSMIT' CERTIFIED COPIES OF THIS ORDIPUNNCE TO MIAM!` mw CopwrY MANAGER STEVE SHIVER AND THE MIAMI-DADE COUNTY EL£CTXM SUPERVISOR; CON - TAI INQ A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Said proposed ordhuance naay be hhispected by the public at the 01111108of Ito Cky Clerk, 3500 Pan Ahnericen Drive, Mad, FforF da. Monday r—** ankaft holidays, between the hours oll8 a.m. and8 p.m. AN interested persons mfr. appear at the mee*V and maybe heard with respect to the proposed oidfnenos. ShoWd;ariy pereon desina to ap- PeO any decision of the Qky C w ission with respect to any matter to be in this mewkl% if>st perbon shah ensuro ttaat a verbatim reZo� prooea*0 is rhade ftkxing sfi tesdrrmrhr and evldenoe upon w any appsel may be based. PRISCILLA A. THOMPSON CITY CLERK (#11067) 6/'17 - 0 3-4-1 7/372937M SUNDAY,JU CITY OF MIAMI, FLORIDA NOTICE OF PROPOSED ORDINANCE Notice is hereby given that the City Commission of the City of Miami, Florida, will consider the following ordinance on second and final reading on June 25, 2003 commencing at 9:00 a.m., in the City Commission Chambers, 3500 Pan American Drive, Miami, Florida: ORDINANCE NO. AN ORDINANCE OF THE MIAMI CITY .COMMISSION RELATING TO MUNICIPAL ELECTIONS; CHANGING THE TUESDAY, NOVEMBER 11, 2003, CITY OF MIAMI MUNICIPAL RUN-OFF ELECTION TO TUESDAY, NOVEMBER 18, 2003, TO PROVIDE THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS SUFFICIENT TIME TO ACCURATELY PROGRAM VOTING MACHINES, PRINT AND TEST -RUN THE BALLOT, AND PROVIDE SUFFICIENT TIME FOR PROCESSING ABSENTEE BALLOTING; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS ORDINANCE TO MIAMI-DADE COUNTY MANAGER GEORGE BURGESS AND,. THE MIAMI-DADE COUNTY ELECTIONS SUPERVISOR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; ANQ PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. Said proposed ordinance may be inspected by the public at the Office of the City Clerk, 3500 Pan American Drive, Miami, Florida, Monday through Friday, excluding holidays, between the hours of 8 a.m. and 5 p.m. All interested persons may appear at the meeting and may be heard with respect to the proposed ordinance. Should any person desire to appeal any decision of the City Commission with respect to any matter to be considered at this meeting, that person shall ensure that a verbatim record of the proceedings is made including all testimony and evidence upon which any appeal may be based. rye\ PRISCILLA A. THOMPSON CITY CLERK (#11057)