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HomeMy WebLinkAboutO-12423J-03-847 9/22/03 ORDINANCE NO. 12 42 " AN EMERGENCY ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, ENTITLED "ELECTIONS, TO PROVIDE FOR THE ELIMINATION OF AN ELECTION FOR MAYOR OR A CITY COMMISSIONER FOR A SPECIFIC DISTRICT SEAT WHEN, AT THE CLOSE OF THE QUALIFYING PERIOD, ONLY ONE CANDIDATE FOR AN OFFICE IS LISTED ON A GENERAL MUNICIPAL ELECTION BALLOT; MORE PARTICULARLY BY ADDING NEW SECTION 16-7 TO SAID CODE; CONTAINING A REPEALER PROVISION, A SEVERABILITY CLAUSE, AND PROVIDING FOR AN IMMEDIATE EFFECTIVE DATE. WHEREAS, the City Commission seeks to ensure that the City of Miami has procedures for the elimination of the necessity of election for Mayor or a City Commissioner for a specific District seat when, at the close of the qualifying period only one candidate for an office is listed on the general municipal election ballot; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: 12423 Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by reference and incorporated as if fully set forth in this Section. Section 2. Chapter 16 of the Code of the City of Miami, Florida, as amended, entitled "ELECTIONS," is amended in the following particulars:ll "Chapter 16 ELECTIONS Sec 16-7 Election not required for Mayor or for a City Commissioner for a specific _District seat - if only one qualifying candidate is listed on a general municipal ballot at close of qualifying period. If, at the close of the qualifying period there is only one candidate's name listed on the general municipal election ballot for Mayor or for a City Commissioner for a specific District seat(s), no election for Mayor or for a City Commissioner for a specific District seat(s) shall be required, and said candidate or candidates shall be declared elected for that particular term(s) of office as of five (5) days after the date of the scheduled general municipal election. �i Words and/or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. Page 2 of 4 12423 Section 3. All ordinances or parts of ordinances that are inconsistent or in conflict with the provisions of this Ordinance are repealed. Section 4. 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 5. This Ordinance is declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, health, safety, and property of the City of Miami and to generally carry on the functions and duties of municipal affairs. Section 6. The requirement of reading this Ordinance on two separate days is dispensed with by an affirmative vote of not less than four-fifths of the members of the Commission. Page 3 of 4 12423 Section 7. This Ordinance shall become effective immediately upon its adoption and signature of the Mayor.21 PASSED AND ADOPTED BY TITLE ONLY this 25th day of SAptAmher , 2003. ATTEST: PRISCILLA A. THOMP,905, TY CLERK APPRO��A ORM AND CORRECTNESS :V NDRO VILARELLO ATTORNEY W1537:BSS If the Mayor does not sign this Ordinance, it shall become effective at the end of ten calendar 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. Page 4 of 4 12423