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HomeMy WebLinkAboutR-99-0613J-99-704 8/2/99 RESOLUTION NO. -613 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENTS, APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 2, PROVIDING FOR, COMMENCING WITH THE ELECTION OF NOVEMBER 2001, LIMITS ON THE TERMS IN OFFICE OF THE MAYOR AND CITY COMMISSIONERS; MORE PARTICULARLY BY AMENDING SECTIONS. 4 OF SAID CHARTER AND CONFORMING ANY OTHER SECTIONS TO INCORPORATE THE CHANGES CONTAINED HEREIN; CALLING AND PROVIDING FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 2 TO THE ELECTORATE AT SAID ELECTION; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; FURTHER, DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH REFERENDUM SPECIAL ELECTION. WHEREAS, the City of Miami's Charter Review Committee convened publicly, conducted a comprehensive study of the City's Charter and held public hearings; and WHEREAS, on August 2, 1999, by its adoption of Resolution No. 99-595, the City Commission directed the City Attorney to prepare the herein proposed Charter Amendment; and WHEREAS, the proposed Charter Amendment is set forth in its ATTACHMEjjy r -CONTAINED r«T T t C •kp�i�Ivi�I S.I ��Tt A AUG 0 2 1999 Resolution No. f . ,e+ A 0 4b final form in this Resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at a referendum special election to be held on November 2, 1999, as called for and provided herein; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The recitals and findings contained in the Preamble to this Resolution are hereby adopted by reference thereto and incorporated herein as if fully set forth in this Section. Section 2. Any applicable Sections of the Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as amended), which may be necessary to amend in order to incorporate the changes contained herein, are hereby proposed to be amended to reflect the term limits proposed herein. Section 3. Sections 4 of the Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as amended), is more particularly hereby proposed to be amended in the following - 2 - 99- 61 particulars:l/ "Sec. 4. Form of government. (b) Election of mayor and commission; terms of office, recall. Commencing with the election of the mayor in 1997, there shall be elected by the qualified electors of the city at large a Mayor who shall be a qualified elector residing within the city at least one (1) year before qualifying and must maintain an actual and real residence for the duration of his term. The mayor shall not serve as a member of the commission. The mayor and all commissioners [are] to hold office until their successors are elected and qualified from twelve o'clock noon ef the five daya after the canvass of the vote and the declaration of the result of the election for the latter of either the primary or general 1 i on _ Comm .n .i ng with the election to be held d in November 001 , and -all elections g uhs .q u .n - thereto, no mayor or city commissioner eTected and Qualified for two consecutive full terms shall be el i gi bl P for rt-election in the next 4uding term. The mayor and all other members of the commission shall be subject to recall. Vacancies shall be filled as provided in section 12 of the charter of the City of Miami. Section 4. In accordance 'with the provisions of the City Charter (Chapter 10847, Laws of Florida, 1925, as amended), and §5.03 of the Miami -Dade County Home Rule Charter, a referendum special election is hereby called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on Tuesday, November 2, 1999, for the purpose of submitting �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. - 3 - 99- 613 to the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment No. 2. Section 5. The referendum special election shall be held at the voting places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit No. 1 or as may be designated by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the provisions of the general laws of the State. The Precinct Election Clerks and Inspectors to serve at said polling places on said election date shall be those designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purpose in accordance with 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 hereby adopting and desires to use for holding such referendum special election is as follows: all registration cards, books, records and certificates pertaining to electors of the City of Miami and established and maintained as official by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the provisions of the general laws of the State of Florida, are hereby adopted and declared to be, and shall hereafter be recognized and accepted as, official registration cards, books, records and certificates of the City - 4 - 99- 613 of Miami. Section 6. In compliance with Section 100.342, Florida Statutes (1997), the City Clerk is hereby authorized and directed to publish notice of the adoption of the herein resolution and of the provisions hereof, at least twice, once in the fifth week and once in the third week prior to the week in which the aforesaid referendum special election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially in the following form: "NOTICE OF REFERENDUM SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 2, 1999 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. 99-613 A referendum special election will be held on Tuesday, November 2, 1999, 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, as set forth herein, unless otherwise provided by law, for the purpose of submitting to the qualified electors of the City of Miami, Florida, the following question: "Shall Charter Amendment No. 2 be adopted, providing for limits on the terms of office of the mayor and city commissioners, whereby, commencing with the election to be held in November 2001, and all elections subsequent thereto, the mayor and any city commissioner elected and qualified for two consecutive full terms shall not be eligible for reelection in the next succeeding term?" Charter Amendment No. 2 provides for limits on the terms of office of the mayor and city commissioners, - 5 - 99- 613 whereby, commencing with the election to be held in November 2001, and all elections subsequent thereto, the mayor and any city commissioner elected and qualified for two consecutive full terms shall not be eligible for reelection in the next succeeding term? By order of the Commission of the City of Miami, Florida. CITY CLERK A list of City of Miami polling places follows: (Attach list of City of Miami Polling Places.)" Section 7. The official ballot to be used at said election shall be in full compliance with the laws of the State of Florida with respect to absentee ballots and to the use of the mechanical voting machines or the Computer Election System (hereinafter 'ICES"), and shall be in substantially the following form, to wit: "OFFICIAL BALLOT REFERENDUM SPECIAL ELECTION TUESDAY, NOVEMBER 2, 1999 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: ------------------------------------------------------- Charter Amendment providing for term limits for mayor and city commissioners. "Shall Charter Amendment No. 2 be adopted, providing for limits on the terms of office YES of the mayor and city (For the Measure) commissioners, whereby, commencing with the election of November 2001, and all elections subsequent thereto, the mayor and any city commissioner elected and NO qualified for two consecutive (Against the Measure) full terms shall not be eligible for reelection in the next succeeding term?" - 6 - 99- 613 Section 8. Electors desiring to vote in approval of said Question described above, shall be instructed to punch straight down with the stylus through the hole next to the word "YES" within the ballot frame containing the statement relating to said Question. Electors desiring to vote in disapproval of said Question, shall be instructed to punch straight down with the stylus through the hole next to the word "NO" within the ballot frame containing the statement relating to said Question. Section 9. The City Clerk shall cause to be prepared absentee ballots containing the Question.set forth in Section 6 above for the use of absentee electors entitled to cast such ballots in said election. Section 10. All qualified electors of said City shall be permitted to vote in said referendum special election and the Supervisor of Elections of Miami -Dade County, Florida, is hereby requested, authorized, and directed to furnish, at 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 Office of said Supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. Section 11. For the purpose of enabling persons to register who are qualified to vote in said referendum special - 7 - 99- 613 election to be held on November 2, 1999, 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, or who have transferred their legal residence from one voting precinct to another in the City, they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department located at 111 N.W. 1st Street, Miami, Florida, within such period of time as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. In addition to the 'above place and times, qualified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration in order to vote in the herein described election during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 12. WALTER J. FOEMAN, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor of Elections of Miami -Dade County, Florida, in relation to matters pertaining to the use of the registration books and the holding of said referendum special election. Section 13. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of -Elections of Miami -Dade - 8 - 99- 613 County, Florida, not less than forty-five (45) days prior to the date of the herein referendum special election. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor./ PASSED AND ADOPTED this 2nd day of August , 1999. JOE CAROLLO, MAYOR In accordance with Miami Code Sec. 2-36, since the Mayor did not indicate approval of this legislation by signing it in the designated place provided, tiaid legislation no i effective with the elapse of ten (10) days fro e d e of Commis ion action regarding sarr�, without the Mayor exerci ' g v o ATTEST: Waffe J. F ar , ity Clerk WALTER J. FOEMAN CITY CLERK CTNESS: ,� •,.�-• ML LAM TTORNEY Zi If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall become effective immediately upon override of the veto by the City Commission. - 9 - 99- G-3