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Home My WebLink AboutR-99-0615J-99-713 8/16/99 RESOLUTION NO. 9 9 6 15 A RESOLUTION OF THE MIAMI CITY COMMISSION, BY A FOUR -FIFTHS (4/5Txs) AFFIRMATIVE VOTE .OF ALL COMMISSIONERS PRESENT, OVERRIDING THE MAYORAL VETO OF RESOLUTION NO. 99-614, ADOPTED ON AUGUST 2, 1999, WHICH RESOLUTION CALLS AND PROVIDES FOR A REFERENDUM SPECIAL ELECTION TO BE HELD ON NOVEMBER 2, 1999, PROPOSING AN AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, KNOWN AS CHARTER AMENDMENT NO. 1, TO ESTABLISH A "STRONG MAYOR -COMMISSION" FORM OF GOVERNMENT. WHEREAS, Section 4(g)(5) of the Charter of the City of Miami, Florida, as amended, provides for Mayoral veto and subsequent Commission override for legislative, quasi-judicial, zoning, master plan, land use and budget decisions of the City Commission; and WHEREAS, Section 2-36 of the Code of the City of Miami, Florida, as amended ("Code"), sets forth procedural mechanisms for a mayoral veto and subsequent commission override; and WHEREAS, on August 2, 1999, the City Commission adopted Resolution No. 99-614, which Resolution calls and provides for a referendum special election to be held on November 2, 1999, for the purpose of submitting a proposed amendment, known as Charter Amendment No. 1, to the electorate at said election to amend the AUG 1 6 1999 Resolution No. 99- 615 Charter of the City of Miami, Florida, as amended, to establish a "strong mayor -commission" form of government and provide for an election for mayor to be held whereby the mayor is chief executive officer of the City of Miami, acquiring powers and duties previously vested in the city manager and acquiring certain other powers; and WHEREAS, on August 12, 1999, Mayor Joe Carollo vetoed said Resolution No. 99-614; and WHEREAS, on August'16, 1999, the City Commission moved that Resolution No. 99-614 become effective on August 2, 1999, notwithstanding the veto of the Mayor; 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. Maycr Joe Carollo's veto of Resolution No. 99-614, adopted August 2., 1999, which Resolution calls and - 2 - provides for a referendum special election to be held on November 2, 199.9, proposing an amendment to the Charter of the City of Miami, Florida, as amended, known as Charter Amendment No. 1, to establish a "strong mayor -commission" form of government, is hereby overridden by a four -fifths (4/5"75) affirmative vote of all Commissioners present on this date. PASSED AND ADOPTED this 16th day of August , 1999. APPROVED AS TO FORM AND CORRECTNESS: Ito G --h JANDRO VILARELLO CI Y ATTORNEY W3687:RCL:BSS - 3 - 99- 615 Ltty of .flilanii. JFlnrtza P.O. BOX 330708 * •co••o•ex; * MIAMI. FLORIDA 33233.0708 JOE CAROLLO 13051250-530C MAYOR - L� ( O FI O� FAX 1305) 854-4001 OFFICE OF THE MAYOR MIAMI, FLORIDA VETO AND VETO MESSAGE To: Honorable Members of the City Commission Miami, Fl i �i. From: Joe Carollo, Mayort:.fL��-�`_ Miami, Fl . Date: August 12, 1999 Pursuant to the authority vested in me under the provisions of Section 4(g)(5) of the Charter of Miami, Fl, I hereby veto:. RESOLUTION 99-614 Veto Message: The purpose of this veto is to avoid a course of disruption and further destabilization that especially would be harmful to the City of Miami's current progress and recovery from its recent financial crisis. As Mayor of the City of Miami, I understand that Miami's well being and financial stability depends, in part, upon the City's political stability. This fact became most clear when Moody's issued its recent report on Miami's financial condition and refused to upgrade our Bal General Obligation Bond Rating: Moody's report concluded the following: "We believe the political infighting that has resulted from this proposed change together with the instability that is likely to result should this change be approved, are likely to be detrimental to the city's recovery process. "The Bal rating, which is below investment grade, prohibits Miami from refinancing its bonds at a lower interest rate. Refinancing could save Miami taxpayers a minimum of one million dollars annually. 99- 615 My administration has worked efficiently and conscientiously to build a financial foundation that will provide Miamians with fiscal solvency for generations to come. The legislation proposed by the City Commission would hinder — if not destroy — the economic groundwork that my administration and I have labored to create. It is unfortunate that the City Commission, in passing this proposal, did not consider the financial consequences associated with it. The bottom line is this — There was no public outcry for a change in Miami's form of government. When Miami citizens spoke out at a number of Charter Review Committee meetings they asked the following question: Why the need for change? At public hearings held by the Committee, not one citizen spoke in favor of the current "strong mayor -commission" proposal. Moreover, as the managing director of Standard R. Poors public finance division, Hy Grossman recently stated, "In the democratic process you don't change the rules in the middle of the game". Lastly, but certainly not least, three of Miami's most respected organizations — the Fraternal Order of Police, the Miami Association of Firefighters and the Association of Federal, State and Municipal Employees — have condemned this proposal. Miami's employees have been the backbone of this city, lending their support during our most difficult times. They have forgone pay increases, benefits and much needed equipment in order to get Miami back on track. They have made enormous personal sacrifices, for which I am grateful. Miami would not be "in the black" without their efforts. Although my colleagues stated their present intentions through numerous public statements, I hope that they will reconsider and instead do what is best for the people of Miami. 99- 615 J-99-684 8/2/99 RESOLUTION NO. 9 - 614 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. 1, PROVIDING FOR, COMMENCING MARCH 14, 2000, ON WHICH DATE AN ELECTION FOR MAYOR SHALL BE HELD ESTABLISHING-1) A "STRONG MAYOR -COMMISSION" FORM OF GOVERNMENT WHEREBY " THE MAYOR IS CHIEF. EXECUTIVE OFFICER OF THE CITY OF MIAMI, ACQUIRING POWERS AND DUTIES PREVIOUSLY VESTED IN THE CITY MANAGER AND ACQUIRING CERTAIN OTHER POWERS, AND 2) THE SUCCESSION OF THE OFFICE OF THE MAYOR; MORE PARTICULARLY BY AMENDING SECTIONS 3, 4, 17,.20, 21,-22-A, 24, 25, 26, 27, 28, 29-A, 301 41 and 42, AND REPEALING SECTIONS 15 AND 16 IN THEIR ENTIRETY, 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. 1 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 form of 1mg No. I o u b i o the City's government, and held public hearings; and WHEREAS, the City of Miami's Charter Review Committee after meeting publicly, conducting a comprehensive study of the form of the City's government and holding public hearings, made the recommendations contained herein; and WHEREAS, on July 27, 1999, by its adoption of Resolution No. 99-544, the City Commission directed the City Attorney to prepare the herein proposed Charter Amendment; and .WHEREAS, the City Charter of the City of Miami was amended in November, 1997, to change the form of government to the "Mayor -Commissioner Plan"; and WHEREAS, the Mayor -Commissioner Plan as adopted confers certain limited powers on the Mayor of the City of Miami while providing for administrative functions of the city government to be performed by an appointed city manager; and WHEREAS, the Mayor -Commissioner Plan vests the powers and duties of enforcement of City laws, management of City departments and budget preparation in a non -elected officer of the City; and WHEREAS, it is in the best interest of the citizens of the City of Miami that management of the City be vested in a duly elected mayor as the chief executive and administrative officer; and WHEREAS, amendments to Sections 3, 4; 15, 16, 17, 20, 21, 22-A, 24, 25, 26, 27, 28, 29-A, 30, 41 and 42, of the City Charter creating a "Strong Mayor -Commission" form of government 99- 615 - 2 - 4 will provide for accountability for the proper administration and conduct of the City of Miami; and WHEREAS, the proposed Charter amendment is set forth in its 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. Sections 3, 17, 21, 22-A, 24, 25, 26, 27, 28, 29-A, 30, 36, 41 and 42, of the Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, as amended), and any other applicable Sections to incorporate the changes contained herein, are hereby proposed to be amended to reflect that every reference to the powers and responsibilities of the "City Manager" shall be postulated to be the powers and responsibilities of the "Mayor." Section 3. Sections 4, 15, 16, and 20 of the Charter of the City of Miami, Florida (Chapter 10847, Laws of Florida, .'as 99- 615 - 3 • • amended), are more particularly hereby proposed to be amended ir_ the following particulars:l/ "Sec. 4. Form of government. (a) General description.- Commencing with the election a€ the FRaye:F in to he held on March I-' 2000, the form of government of the City .of. Miami, Florida, provided for under this charter shall be known as the ",qtrong MayoY- ommission" form of government and the commission shall consist of five citizens, who are qualified voters of the city and who shall be elected from districts in the manner hereinafter provided. The Commission shall constitute the governing body with powers (as hereinafter provided) to pass ordinances, adopt regulations and exercise all powers conferred upon the city except as hereinafter provided. TheFRayer- shall f adfRinistEative—effieer- te--he knewn as the u e- ty The hi Pf executive of f i rer a d administrative head of the City shall he the mayor who shall be responsible for theproper administration and rondurt of the executivework and affairs of the City and shall Pxerrise the mowers as conf rr d h r in (b) Election of mayor and commission; terms of office, recall. Commencing with the election of the ftayer in !997 to he held on March 1 4, 200n, 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 h-i-& the term. The mayor shall not serve as a member of the commission. The commission shall consist of five members who shall be elected from districts within the city numbered 1 through 5. All persons desiring to qualify for. commissioners shall file in districts numbered 1 through 5 Commissioner in district numbered 1 shall be elected at the general election to be held in the year 1997 and shall serve for a two year term. Commissioners in districts numbered 3 and 5 shall be elected at the general elections to be held in the year 1997 and at each general election each four years �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. 99 615 - 4 - • L, thereafter. numbered 1, 2 and elections to be general election Commissioners in districts 4 shall be elected at the general held in the year 1999 and at each each four years thereafter. The'mayor shall be elected . majority • - at the _ - ' - ;=imaelection- - - yeaaF 4:99-:;- - • - thergaft2x eaeiz,- ' ' - and • 11 11 - • • • with the elpr-tinr in the gear 2-QO1, the nrnrPHurf:-Lq n-r - - • • • 11 _ • • - • • • ' • • "311_ • • • - maor • • office for a termof •ur years excelat fnr the 1•artjal tPrm •-! • • •! in The mayor and all commissioners [are] to hold office until their successors are elected and qualified from twelve o'clock noon of the five days after the canvass of the vote and the declaration of the resultz of the election for the 1 at r of Pither the = ri mar�z or gen ral f-lprtinn. The mayor and all e 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. If a candidate for office of mayor or commissioner receives a majority of votes in the primary election in his or her group, die that c-andidate shall be considered elected upon and after the canvass of the vote and the declaration of the result of the election as hereinafter provided. If there be no majority, two candidates for nomination to the office of mayor or commissioner who receive the greatest vote in the primary election in each group shall be placed on the ballot at the next regular municipal election following the primary as provided in section 7 of this charter. The candidate for nomination receiving the greatest vote in the regular municipal election following the primary election, if otherwise qualified, shall be elected to office from the group in which he the andida is qualified. for the offirp of mayor shall resent an irr vo ,�hle 1Z.esignat-inn of th office of city rnmmissinr. r�ursLant o annli rahl s tat E. law_ 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. If any mayor or commissioner elected under the provisions of this act desires to run for some elective office other than the mayor or city commissioner, then under such circumstances he or she shall not be required to resign his or her city office unless and until he or she has been elected to such other elective office. In the event that such mayor or commissioner is elected to such other elective office other than that of mayor or commissioner, he or she shall immediately resign his nr h-r office as mayor or commissioner and upon his or her failure or refusal. to do so he or she shall be discharged and ousted from his or hPr office and said office declared vacant by a majority vote of the remaining members of the city commission. (c) Qualifications of mayor and commission; mayor, commissioners, and other officers and employees not to be interested in contracts, etc.; franks, free tickets, passes or service. . Ge tene-}erg w=i}h-6he elee-tien ems—fie=—ins-;z,—the mayei= and ffiMembers of the commission shall be residents of the city for at least one (1) year, prior to qualifying and shall have the qualifications of electors therein. Further, members of the commission shall have resided within the district at least one (1) year before qualifying, and shall maintain an actual and real residence for the duration of their term of office, emeept fems the 4:99:7 eleeti-eR.' Those commissioners elected in 1997 must reside in the district they are elected to represent within three. (3) ,months after the election, and maintain an actual and real residence for the duration of their term of office. The mayor,, or any commissioner.&, and etheiz e€4:eell:s ,and employees, shall not be interested in the profits or emoluments of any contract, job, work or service for the municipality. The mayor or any commissioner who shall cease to possess any of the qualifications herein required shall forthwith forfeit h-i-.& the office, and any such contract in which any member is or may become interested may be declared void by the commission. No mayor, commissioner, or other officer or employee of said city shall accept any frank, free ticket, pass or service directly or indirectly, from any person, firm or corporation upon terms more favorable.than are granted to the public generally. - 6 - Any violation of the provisions of this section shall be a misdemeanor. Such prohibition of free service shall not apply . to policemen .offir rs or fireffe+k � in uniform or wearing their official badges, where same is provided by ordinance. (d) Commission to be judge of its own election; not to dictate appointments.by or interfere with the mayor. Commencing with the election of the mayor in 1997, the commission shall be the judge of the election and qualification of the mayor and of its own members, subject to review by the courts. Neither the FRayeirr—, the commission, nor any of its .committees or members shall dictate the appointment of any person to office or -employment by the mayor, or in any manner interfere with the e-i:ty Fe nage mayor or prevent hit the mayor from exercising his ewn judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry, the xaayer, the commission, and its members shall deal with the administrative service solely through the mayor, and neither the Fnaye-F ner the commission, nor any member thereof shall give orders to any of the subordinates of the mayor, either publicly or privately. Any such dictation, prevention, orders or other interference on the ,part of the—FRayei- er- a member of the commission with the administration of the city shall be deemed to be violation of the charter, and upon conviction before a court of competent jurisdiction any individual so convicted shall be subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term of not exceeding sixty days or both, and in the discretion of the court shall forfeit his office. (ef) Election of officers by commission; rules of commission; quorum. Commencing with the election of the mayor in 1997, the commission shall elect a city clerk and a city attorney, but no member of the commission or the mayor shall be chosen as manager or as a member of the civil service board or appointed to any other city office or employment. The commission may determine its own rules of procedure, may punish its own members for misconduct and may compel attendance of members. A majority of all the members of the commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. (f-g) Meetings of commission; to act by ordinance or resolution; form of, manner of passage and publication of ordinances. Commencing with the election of the mayor in 1997, at twelve o'clock noon on the day the mayor or commissioners take office, they shall meet -7- 99- 615 at the city hall. Thereafter the commission shall meet at such time and place as may be prescribed. by ordinance or resolution. The meetings of the commission and all sessions of committees of the commission shall be public. the commission shall act only -by ordinance or written resolution; and all ordinances and resolutions, except ordinances making appropriations, shall be confined to one subject which shall be clearly expressed .in the title. The ordinances making appropriations shall be confined to the subject of appropriations. No ordinance shall be passed until it has been read on two separate days or the requirement of readings on two separate days has been dispensed with by a four -fifths vote of the members of the commission. ordinances shall be read by title only. Copies of proposed ordinances shall be furnished to the mayor and each commissioner and shall be made available to all interested persons. The ayes and noes shall be taken upon the passage of all ordinances or resolutions and entered upon the journal of proceedings of the commission, and every ordinance or resolution shall require, on final passage, the affirmative vote of a majority of all the members. No member shall be excused from voting except on matters involving the consideration of his nr -her own official conduct, or when his or her financial interests are involved. (gh) Powers and duties of mayor.. Commencing with the election of Fnaye3F in 4:997 to he held on March 14 2900, the mayor shall serve as head of the city government with the following specific powers and duties: (31) He The mayor shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for military purposes. (32) The mayor may din time of public danger or emergency, he fflay, with the consent of the commissioners, take command of the police and maintain order and enforce the laws. (43) ee—eL- disabiijtyhis domes shall be--r-f erffied bytheftayer l e designee whe shall be—a—iewtbe-pie—e4rt_y u. • •u •- • u .0 - on - •• u. • •. -•- • •- ••,- _ •• -16 •' •• • •- • • • . - ��_ • . _ •_ -• • .- • _. &TWOOM sea I-ITZMEWO- - 14114 .- -9- 99- 615 (�4) The mayor shall, within ten days of final adoption by the Commission, have veto authority over any legislative, quasi- judicial, zoning, master plan or land use decision of the commission, including the budget or any particular component contained therein which was approved by the commission; provided, however that if any revenue item is vetoed, an expenditure item in the same or greater dollar amount must also be vetoed. The commission may, at its next regularly scheduled or special meeting after -the veto occurs, that veto by a four -fifths vote of the commissioners present, notwithstanding any provisions to the contrary contained in the charter and code of the City of Miami, Florida. Said veto power .shall include actions pursuant to sections 29-B through 29-D of the city charter. -( 6 ) When ene peen sicteeeeds— en o f the nee --in the peel-i ems, the right to the s u eees-se rshall have suj 1,-e appeint the appreval z-4- days -rtianage , eet within tyre -ems ei hen in -ef f f a fRaj erri tee= i e n ei--t shall appeint the e ee. The -xR-ye= �e Rianage�, appreval-- within -14 dam slanj e t t e the of a may-erity -ef the iaeme:ve—tote—Fnaea g ems-- n ' 9--eesdicie tag s ub j-e hearring et t e t= he dam of said a dam h�� 9 remeval and eve i-Y; dinq the the eer tr a s FRayeials-- fifthB vete-ef these aetien 'by a-feur esntflssieners-- e f f see then —±3 . -t-ha feuF-fifths veto-ef these--eeFRfn±ss}enema eeTrtFaa:ssien by a in f f; e e--B h l l be theig. a able t erefev e the -10- 99- 615 rnPrGon � all for the i annnirt it.� = royi cieri herein, nr by Qpneral jaw- There shall be as many standingand special committees as deemed necessary by the Mavor. Standing or special committees shall mean those comprised of commission members. (.&FE) The mayor shall prepare and deliver a report on the state of the city to the people of the city between November land January 31 annually. Such report shall be prepared after consultation with the commissioners the (42) The mayor shall prepare and deliver a budgetary address annually to the people of the city between July 1 and September 30. G;deh report shall be prepared—a-fze= eensidltat}en with the manage 99- 615. ly- _• • •-._ a-• • - . •- „_ . .• ��_ .. •- u_ • u_ .- .Ma - all -• •. •- •--„-. .• a. .• .fill .. �• .... • ��-• - -• 9-9- 615 - 12 - general, and permanent nature shall he filed with the cite clerk_ _•• • •- - •-• - • ••-• -••- (4:�g) Salaries of the mayor and commission. There shall be paid to the commissioners of the City of Miami, Florida, by the City of Miami as compensation, the sum of five thousand dollars ($5,000.00) per year for each commissioner, payable monthly in twelve equal installments. Commencing with the election of 1997, the compensation of the mayor shall be determined by the commission. im - -oil lee - 13 - 99- 615 the eeff?ff±, ems± en . The --ffianagei--eiz ir�:s e e s- gn eeshall e3Eeeuc- e eentr-aewe-and ethei- insFicifaents, sign bends and etyre-vi denees e f in�c-edess . Neit-k'err the fRayer- E�:'iceeelei-iceq�:iest t-he-a'ppeintz-faenl=- neic any --s±19nela shall his heaF frefn, ef by any pei=sen-C-�er the ea- r-eme..-al effire- manage erg 4:nzee appeintfaent-erLaefrieval tiF=oFe of effieer-s-and f t�-e i-tcy—£gEeept--fei—he empleyees aElmR-s = = �Li ee j:nqtrd:r-y,-as s e ded i teen 4: 4,he pt-pes e-ef s i pi-evi n s e e deal::•i ~tee fftayer anel eefRfRi s ad e rg—shall threes ter- e�.-rative serviee--selel* -the ftianager ,, , a na neitherrthe-mayei- ne e rder- s t any -eeffnffn±ias±e he re'- s give e-- any s tbei-dina-te ' s-ef-: A�--willful faanag er , eithei- publiely e- prri oLately. yd:elat-den e'1 the eeffaffi-ree+enei- be� shall �efR ems€ieeb�3 � gre nd-s--fear-d brre�g'�-lc-he er herTeme=o=a= aetien by the --ewe-atter-ney e f this eeurty. -^ 11 Gu�:t Ce 3Ftz Thcpewer-sandduties, e€- the -e i t }«arag er-s ha i ! be-� (b)--Te-appeint-and pr-e�T ded, la l and all re,Reve, d3r-eeters -emeept of as hem-i-In the depai=tffneets he-depar-t-ffents e-e€€i:eer-e in be tom--the--al an'i e�ffp- ewe ee ie uneleea i f i ed-ef vl a s eified-and t-andfi-tness ee; all -tent s to be e l, ; f i e dsQE=,o;ee—a3 alene, 1-- and- :n the =emeval s JI e he-9iubTeet- to the apgeint mente and- per,=}ei-ees efthie ehartei= eiv4:1 sei=-.,. advised ante --tome f san.e-i-al-eendA:t=en acid 99- 615 - 14 - Sec. 20. Directors of departments. The maw shall appoint a director for each departments consistent with section 4 of this r'har. r_ and, tip ,ice a. et n, The mayor may consolidate two departments under one director. Each such director shall serve until removed ht- the = 1' {aanager or until his or her successor has. been a } ,, anel e a fie co firm d, shall conduct the "��pp^ST� -� - affairs of h-i-e t1ie department in accordance with rules and regulations made by the mayor, shall be responsible for the conduct of, the officers and employees of his t1e department, for the performance of its business, and for the custody and preservation of the books, records, papers and property under its control, and, subject to the supervision and control of the e-it's faanaqer mayor in all matters, shall manage the department. None of the provisions of this section, however, shall be applicable to the department of law or to the department of water and sewers.* *Note --Transfer of the operations of the city's department of water and sewers to Miami -Dade County was authorized by Res. No. 73-225, adopted March 22, 1973." 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 to the qualified electors of the City of Miami for their approval or disapproval the measure known as Charter Amendment 99- 615 - 15 - No. 1 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. .l 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 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 16 99- 615 - - 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. 99-614 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. 1 be adopted, commencing March 14, 2000, on which date an election for mayor shall be held, to provide for 1) a "strong mayor -commission" form of government whereby the mayor is chief executive officer of the City of Miami acquiring powers and duties previously vested in the, city manager and acquiring certain other powers; and 2) the succession process for the office of the mayor?" Charter Amendment No. 1 provides for, commencing March 14, 2000, on which date an election for 'mayor shall be held, for 1) a "strong mayor -commission" form of government whereby the mayor is chief executive officer of the City of Miami acquiring powers and duties previously vested in the city manager and acquiring certain other powers; and 2) the succession 99'_ - 17 - process for the office of the mayor. 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: ----------------------- 7------ --------------7----.------ Charter Amendment providing for strong mayor -commission form of government and mayoral election. YES (For the Measure) NO (Against the Measure) "Shall Charter Amendment No. 1 be adopted, .commencing , March 14, 2000, on which date an election for mayor shall be held, to provide for 1) a "strong mayor -commission" form of government whereby the mayor is chief executive officer of the City of Miami acquiring powers and duties previously vested in the city manager and acquiring certain other powers; and 2) the succession process for the office of the mayor? Section 8. Electors desiring to vote in approval of said Question described above, shall be instructed to punch - 18 - 99- s�.5 0 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 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, - 19 - 99- 615 ti 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. Ir. 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 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 99-� 615 - 20 - 0 immediately upon its adoption and signature of the Mayor.2' PASSED AND ADOPTED this 2nd day of August 1999. JOE CAROLLO, MAYOR i0o e: ATTEST: :S WALTER J. FOEMAN CITY CLERK APPROVED_��F CORRECTNESS : Q . ... tRO VILARELLO TTORNEY 664:MJC:BSS 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. 99- 615 - 21 -