HomeMy WebLinkAboutO-12102J—01-70'0
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ORDINANCE NO.
AN EMERGENCY ORDINANCE OF THE MIAMI. CITY
COMMISSION, WITH ATTACHMENTS), SCHEDULING A
SPECIAL MUNICIPAL ELECTION ON
NOVEMBER 6, 2001, FOR THE ELECTION OF A
CANDIDATE FOR DISTRICT 1 COMMISSIONER, AND
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SCHEDULING A LATER.s.=SPEC.IAL MUNICIPAL
ELECTION ON NOVEMBER 13, 20011 UNLESS A
CANDIDATE RECEIVES A MAJORITY OF VOTES AT
THE NOVEMBER 6, 2001 SPECIAL MUNICIPAL
ELECTION; ESTABLISHING SEPTEMBER 22, 2001,
AT 6:00 P.M. AS THE CLOSING DATE AND TIME TO
QUALIFY AS A CANDIDATE FOR DISTRICT 1
COMMISSIONER; PROVIDING FOR THE REGISTRATION
OF PERSONS QUALIFIED TO VOTE IN SAID SPECIAL
MUNICIPAL ELECTIONS); DESCRIBING PERSONS
QUALIFIED TO VOTE IN SAID SPECIAL MUNICIPAL
ELECTIONS); DESCRIBING THE REGISTRATION
BOOKS AND RECORDS MAINTAINED UNDER THE
PROVISIONS OF THE GENERAL LAWS OF FLORIDA
AND CHAPTER 16 OF THE CODE OF THE CITY OF
MIAMI, FLORIDA, -AS AMENDED, WHICH THE CITY
HAS ADOPTED AND DESIRES TO USE FOR
SCHEDULING SUCH SPECIAL MUNICIPAL
ELECTIONS); DESIGNATING AND APPOINTING THE -
CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF
THE CITY COMMISSION WITH RESPECT TO THE'USE
OF SUCH REGISTRATION BOOKS`AND RECORDS; AND
DIRECTING THE CITY CLERK TO GIVE NOTICE BY
PUBLICATION OF THE ADOPTION OF THIS
ORDINANCE AND THE PROVISIONS HEREOF;
DIRECTING THE CITY CLERK TO TRANSMIT A
CERTIFIED COPY OF THIS ORDINANCE TO THE
MIAMI—DADE COUNTY SUPERVISOR OF ELECTIONS;
CONTAINING A REPEALER PROVISION AND A
SEVERABILITY CLAUSE.
WHEREAS, Commissioner Wifredo Gort, the incumbent City of
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Miami District 1 Commissioner wishes to tun for the office of
Mayor of the City of Miami ; and.
WHEREAS,' Section 4 of the Charter. -,of the City of Miami,
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Florida, as amended, jDrovides,-inter�alia,: Y
Any incumbent commissioner desiring to run for the
office of mayor shall present an irrevocable resignation of
his office of city commissioner to the city commission not
less than ninety days prior to the date of election, whether
primary or general, and said resignation shall become
of f ect,ive on the date of the, election. Upon receipt of said
resignation the commission shall make public announcement of
the- resignation and instruct the clerk to accept qualified
candidates to run for election for the unexpired term of the
commissioner resigning for the purpose of running for mayor.
and
WHEREAS, pursuant to the provis-ions contained in Section 4
of the Charter of the City of 'Miami, Florida, as amended,
Commissioner Gott presented his resignation as District 1
Commissioner,, to be effective as of November 6, 2 0 01, to the City
Clerk. on August 6, 2001, for the purpose of running for Mayor of
the • City of -Miami; and
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'WHEREAS, at the August 9, 2001 Special City Commission
meeting the City Commission publicly announced Commissioner
Gort's resignation and instructed the City Clerk to accept
qualified candidates to run for election to serve the remainder
of Commissioner G•ort' s unexpired term; and
WHEREAS, September 22, 2001, at 6:00 P.M. is established. as
the closing date and time for which candidates may qualify to as
a candidate for District 1 Commissioner; and. .
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1210 P.J
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WHEREAS, the person wiio receives the majority of votes in
the Special Municipal Election of November 6, 2001, shall be
elected as District 1 Commissioner; however, should one candidate
not receive the majority of votes, a Special Municipal Election
shall be scheduled for November 13, 2001, to determine the
elected candidate; and
WHEREAS, the candidate elected as District 1 Commissioner
shall serve for the remainder of Commissioner Oort's current term
ending November, 2003, as Section 7 of the Charter provides,
[a] regular municipal election for the election of
commissioners shall be held on thesecond 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....;
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
incorporated as if fully set forth in this Section.
Section 2. September 22, 20011 at 6:00 P.M. is
established as the closing date and time to qualify as a
candidate for election as District 1 Commissioner.
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Section 3. In accordance with the provisions of
Section 4 of the City Charter (Chapter .10847, Laws of Florida,
1325, as amended), a Special Municipal Election is directed to be
scheduled in the City of Miami, Florida, at the polling places
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designated on in Exhibit No. 1, attached, and incorporated, on
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Tuesday, November 6, 2001, f rom 7:00 A. M. until 7:,00 P.M., f o r
the purpose of electing a ' candidate to fill the remainder of the
unexpired term of the District 1 Commissioner of the City of
Miami, said candidate to be elected by a majority vote.
Section 4: A Special Municipal Election is directed to
be held in the City of Miami, Florida,'at the polling places
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designated in said Exhibit No. 1, from 7:00 A.M. until 7:00 P.M.,
on Tuesday,
November 13, 2001.,
for
the
purpose of electing the °
District 1
Commissioner of the
City
of
Miami, unless a candidate
for District 1 Commissioner shall have received a majority vote
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at the Special Municipal Election held on November 6, 2001.
Section 5. The candidate who shall receive the highest
number of votes for District 1 Commissioner shall serve as
District 1 Commissioner of the City of Miami for a period of two
(2 ) years from 12:00 o'clock noon of the day after the canvass of
the vote and the declaration of the result of said Special
Municipal Election., or until a successor of office is elected and
qualified at the odd -year first regular election for
commissioners,'whichever occurs first.
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Section 6. The Precinct Election Clerks and Inspectors
to serve.at said polling places on said dates shall be designated
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by the Supervisor of Elections of Miami -Dade County, Florida, for
such purposes in accordance with the general laws of the State.
Section 7. For the purpose of enabling. persons to
register who are qualified to vote, in said Special Municipal
Election(s) and who have not registered under the provisions of
the general laws of Florida and Chapter 16 -of the Code of the
City of Miami, Florida, as amended, or who have transferred their
legal residence from one voting precinct to another voting
precinct in the city, they may register at such branch offices as
may be approved by the Supervisor of Elections of Miami -Dade
County and at said Supervisor's office which will be open during
the following location and times:
MIAMI-DADE COUNTY
ELECTIONS DEPARTMENT
111 Northwest 1st Street, Miami, Florida
Monday to Friday, inclusive: 8:00 A.M. - 5:00 P.M.
In addition to the above, said qualified persons may
register at branch offices and may also use any mobile
registration van for the purpose of registration to vote 'in the
herein described Special Municipal Election(s) during such times
and on such dates as may be designated by the Supervisor of
Elections of Miami -Dade County.
Section 8. The Special Municipal Election(s) shall be
held at the voting places in the precincts designated on said
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Exhibit No. 1, or as may be designated, -by the Supervisor of
Elections of Miami -Dade county, in conformity with the provisions
of the general laws of the State. A description of the
registration books and records which pertain to election
precincts wholly or partly within the:City and which the city is
adopting and desires to use for holding such Special Municipal
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Election(s) is as follows: All registration cards, books,
records and certificates pertaining to electors of the city and
established and maintained as official by the Supervisor 'of
Elections of Miami -Dade county, in conformity with the provisions
of the general laws of the State, are adopted and declared to be,
and shall hereafter be recognized and accepted as, official
registration cards, books, records and cert i f 'icates of the City.
Section 9. The ballot(s) to be used in said Special
Municipal Election(s) shall be so prepared that the names of the
qualified candidates will appear on said ballots) in
alphabetical order according to surname; provided, however, that
the ballots) and -their preparation shall comply with the laws of
the State of Florida with respect to absentee ballots, and to the
use of mechanical voting machines or.the computer Election
System PI CES ") .
Section lo. (a) In compliance with Florida Statutes, the
City clerk is authorized and directed to publish notice of the
adoption of the herein ordinance and of the provisions hereof, at
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least twice, -once in the fifth week and once in the third week
prior to the week in -which the aforesaid Special Municipal
Election (s) is to be held, in newspaper (s) . of general. circulation -
in the City of Miami, Florida, which notice shall be
substantially as set forth in' the following form:
NOTICE OF SPECIAL MUNICIPAL ELECTION
IN THE CITY OF MIAMI, FLORIDA
FOR ELECTING A CANDIDATE FOR
DISTRICT 1 COMMISSIONER
TO BE HELD ON
TUESDAY, NOVEMBER,,6, 2001,
PURSUANT TO ORDINANCE NO.
A Special Municipal Election will be held on
Tuesday, November 6, 2001, from 7:00 A.M. until
7:00 P.M., in- the City. of Miami, Florida, at the
polling places in the several election precincts
designated by the Board of County Commissioners of
Miami -Dade County, Florida, at which Special Municipal
Election the qualified electors participating therein
will vote for the election of -a candidate for
District 1 Commissioner of the City of Miami, Florida.
A Special Municipal Election will be held. on Tuesday,
November 13, 2001, to elect a candidate for District 1
Commissioner, unless in- the Special Municipal Election
of November 6, 2001, a candidate for District 1
receives a majority vote as District 1 Commissioner.
(b) The Precinct Election Clerks and Inspectors to serve at
said polling places on said dates shall be those designated by
the Supervisor of Elections of Miami -Dade County for such purpose
in accordance with the general laws of the State. The
registration books and records for the registration of persons
qualified t'o vote in said. Special Municipal Election(s) shall be
those maintained by the Supervisor of Elections of Miami -Dade
County.
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(c) The official ballot shall be in substantially the
following form, to wit:
OFFICIAL BALLOT
SPECIAL MUNICIPAL ELECTION
FOR ELECTION OF
DISTRICT 1 COMMISSIONER
OF THE CITY OF MIAMI, FLORIDA
NOVEMBER 5, 2001
PRECINCT NO.
DISTRICT l
FOR COMMISSIONER
Vote for one (1) only:
(Names of candidates)
(d) In the event no one candidate -receives a majority vote
on November 5, 2001, a Special Municipal Election is required to
be held on Tuesday, November 13, 2001, the official ballot to be
used at such Special Municipal Election shall be in substantially
the same form as above, except that the heading of the ballot
shall be in substantially the following form, to wit:
OFFICIAL BALLOT
SPECIAL MUNICIPAL ELECTION
FOR ELECTION OF
DISTRICT 1 COMMISSIONER
OF THE CITY OF MIAMI, FLORIDA
NOVEMBER 13, 2001
PRECINCT NO.
(e)'" A Special Municipal -Election will be held on Tuesday,
November 13, 2001, f rom 7:00 A. M. until .7:00 P.. M., in the City o f
Miami, Florida, at the polling places set forth herein, at which
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Special Municipal Election the
qualified
electors of
the City
of
Miami participating therein
will vote
for the
election
of
District 1 Commissioner of the City of Miami, Florida, unless a
candidate for District 1 Commissioner shall have received a
majority vote for District 1 Commissioner at the Special
Municipal Election held November 6, 2001. The Precinct Election
Clerks and Inspectors at said Special Municipal Election shall be
those designated by the Supervisor of. Elections of Miami --Dade
County for such purpose. The registration books and records for
the registration of persons qualified to vote in said Special
Municipal Election shall be those maintained by the Supervisor of
Elections of Miami -Dade County.
Section 11. WALTER J. FOEMAN, the City Clerk of the City
of Miami, Florida, or his duly appointed successor, is designated
and appointed as the official representative of the Commission of
the City of Miami, Florida, in all, transactions with the
Supervisor of Electipns of Miami -Dade County in relation to
matters pertaining to the use of the registration books for the
holding of the herein Special Municipal Elections).
Section 12. The City Clerk shall cause to be prepared
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absentee ballots for the use of absentee electors entitled to
cast such ballots in said Special Municipal Elections).
. Section 13. All qualified electors of said City shall be
permitted to vote in said Special Municipal Election and the
Supervisor of Elections of Miami -Dade County is requested,
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authorized, and directed to furnish, at the cost, and expense of
the City of Miami, a list of all qualified electors .residing in
the City of Miami as shown by the registration books and records
of the Off -ice of said Supervisor of Elections and duly certify
-the same for delivery to and for use by the election(s) officials
designated to serve at the respective polling places in said
Special Municipal Election(s) precincts.
Section 14. The City Clerk is authorized and directed to
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cause a certified copy of this ordinance to be delivered to the
Supervisor of Elections' of Miami -Dade County pursuant to
applicable law.
Section 15. All •ordinances or parts of ordinances,
insofar as they are in conflict with -.provisions- of this ordinance
are repealed.
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Section 16.- I f. any section, . part of section., paragraph,
clause, phrase or word of this ordinance is declared invalid, the
remaining provision of this ordinance shall not be affected.
s. Section 17. This ordinance is declared to be an emergency
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measure on the grounds of urgent public need for the preservation
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of peace, •health, safety, and property of the City of Miami.
Section 18. The requirements 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.
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12102
Section 19. This ordinance shall become 'effective
immediately upon adoption and signature of the Mayor. -
PASSED AND ADOPTED BY TITLE ONLY this 9th day, of
August 2001.
r JOE CAROLL,o, MAYOR
In accordance with iia .i Codd .SgpF 2-36, since the Mayor did not indicate r
this legislation by signing. it In the -designated. place provided, ,said legislation n
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b eeernss ef#eCtIve with the ekpw of ten (10) cies from the, date et Comm, •
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regarding same, -.mid the- Darr exefc1ein
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,ATTEST: r
Wafter J. Feeman; Cfty..MrK
-WALTER J FOE -
CITY CLERK* .
AP PROV AS T FORM J CORRECTNE S S
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•T,F,T� R iT. ��RF
rT'3�R�Y
•BSS
This 'Ordinance sha-11 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.
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