HomeMy WebLinkAboutO-11691J-98-675
7/20/98 1.1691
ORDINANCE NO.
AN EMERGENCY ORDINANCE SCHEDULING AN ELECTION
TO FILL, SUBJECT TO DISPLACEMENT, THE OFFICE
OF COMMISSIONER, DISTRICT NO. 3; SETTING
NOVEMBER 3, 1998, AS THE DATE OF SUCH
ELECTION, AND ESTABLISHING SEPTEMBER 19,
1998, AT 6 P.M., AS THE QUALIFYING DATE
THEREFOR; FURTHER, SCHEDULING A MUNICIPAL
REGULAR ("RUN-OFF") ELECTION TO FILL THE
OFFICE OF COMMISSIONER DISTRICT NO. 3, SAID
ELECTION TO BE HELD ON NOVEMBER 10, 1998,
UNLESS SAID OFFICE HAS BEEN FILLED BY THE
ELECTION OF A CANDIDATE AT THE REGULAR
NONPARTISAN PRIMARY ELECTION TO BE HELD ON
NOVEMBER 3, 1998; DESCRIBING PERSONS
QUALIFIED TO VOTE IN SAID ELECTIONS;
DESCRIBING THE REGISTRATION BOOKS AND RECORDS
TO BE USED FOR THE ELECTIONS; DESIGNATING AND
APPOINTING THE CITY CLERK AS THE OFFICIAL
REPRESENTATIVE WITH RESPECT TO THE USE OF
SUCH REGISTRATION BOOKS AND RECORDS;
DIRECTING THE CITY CLERK TO GIVE NOTICE OF
THIS ORDINANCE'S ADOPTION AND TRANSMIT A
CERTIFIED COPY TO THE MIAMI-DADE COUNTY
SUPERVISOR OF ELECTIONS; CONTAINING A
REPEALER PROVISION, SEVERABILITY CLAUSE, AND
PROVIDING FOR AN EFFECTIVE DATE.
WHEREAS, on June 5, 1998, the City Commission adopted
Resolution No. 98-548,pursuant to Section 12 of the Charter of
the City of Miami, Florida (1996), as amended ("Charter"),
appointing Joe Sanchez to fill the temporary vacancy in the
Office of District 3 Commissioner created by Governor Lawton
Chiles' suspension of Commissioner Humberto Hernandez; and
WHEREAS, pursuant to Section 12 of the Charter the term of
said appointment to fill a vacancy shall be only until his
successor in office is elected and qualified at either the odd -
year first regular election for Commissioners, or the even -year
State of Florida general election, whichever occurs first; and
WHEREAS, the even -year State of Florida general election,
which occurs first, is scheduled for November 3, 1998; and
WHEREAS, such person elected pursuant_to said election would
serve for the balance of Commissioner Humberto Hernandez' current
term, subject to possible displacement by Mr. Hernandez if
Mr. Hernandez is restored to office pursuant to
Section 112.51(6), Fla. Stat. (1997); and
WHEREAS, the person who receives the majority of votes in
said election shall be elected; however, pursuant to Section 4 of
the Charter, should one candidate not receive the majority of
votes, a regular ("Run-off") election must be held; and
WHEREAS, Section 7 of the Charter provides, inter
and
A regular municipal election for the election
of the mayor and 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 mayor and
the commission shall be held on the first
Tuesday after the first Monday in November in
odd -numbered years....;
WHEREAS, pursuant to said provision the regular ("Run-off")
election is required to be held on Tuesday, November 10, 1998;
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 hereby adopted by reference
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thereto and incorporated herein as if fully set forth in this
Section.
Section 2. An election to fill the District 3 Commission
office is hereby scheduled and the date of November 3, 1998, is
hereby set as the date of such election.
Section 3. The date of September 19, 1998, is hereby set
as the qualifying date for said election. The qualifying cut-off
time on September 19, 1998, shall be 6 P.M.
Section 4. A regular ("Run-off") election to fill the
District 3 Commission office is hereby scheduled and Tuesday,
November 10, 1998, is hereby set as the date of such regular
election, unless a candidate shall have received a majority vote
at the election held on November 3, 1998, for said office, in
which case he or she shall be elected to the office for the
balance of the current District 3 term, subject to displacement
by Humberto Hernandez, pursuant to Section 112.51(6), Fla. Stat.
(1997), should he be restored to office prior to the end of said
term.
Section 5. The candidate who shall receive the highest
number of votes in the District 3 regular election shall serve as
a Commissioner of the City of Miami for a period of three years
from 12:00 o'clock noon of the day after the canvass of the vote
and the declaration of the result of said regular election,
subject to possible displacement by Mr. Hernandez if
Mr. Hernandez is restored to office pursuant to Section
112.51(6), Fla. Stat. (1997), or until his successor of office is
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elected and qualified at the odd -year first regularly scheduled
election for Commissioner District 3, whichever occurs first.
Section 6. The Election Clerks and Inspectors to serve
at said designated polling places on said date shall be
designated by the Supervisor of Elections for Miami -Dade County
for such purposes.
Section 7. For the purpose of enabling persons to
register who are qualified to vote in said elections 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
(1996), as amended, or who have transferred their legal residence
from one voting precinct to another voting precinct in the City,
voter registration can be accomplished at such permanent branch
offices as may be approved by the Supervisor and at said
Supervisor's office which will be open during the following days
and time:
MIAMI-DADE COUNTY ELECTIONS DEPARTMENT
111 Northwest 1st Street, Miami, Florida
Monday to Friday, inclusive: 8 A.M. to 5 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 in order
to vote in the herein described elections during such times and
on such dates as may be designated by the Supervisor.
Section 8. Said elections shall be held at the voting
places in the precincts designated by the Supervisor, in
conformity with the provisions of the general laws of the State.
A description of the registration books and records which pertain
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to election precincts wholly or partly within the City and which
the City is adopting and desires to use for holding such
elections 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, in
conformity with the provisions of the general laws of the State,
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.
Section 9. The ballot to be used in said elections shall
be so prepared that the names of the qualified candidates will
appear on said ballot in alphabetical order according to surname
in each group; provided however, that the ballot and its
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 (CES).
Section 10. (a) In compliance with Florida Statutes, the
City Clerk is hereby authorized and directed to publish notice of
the adoption of the herein ordinance 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 elections are
to be held, in newspaper(s) of general circulation in the City of
Miami, Florida, which notices shall be substantially as set forth
- 5 - 11691
in the following form:
NOTICE OF NONPARTISAN PRIMARY ELECTION
IN THE CITY OF MIAMI, FLORIDA
FOR
NOMINATING A CANDIDATE FOR THE OFFICE OF ONE COMMISSIONER,
DISTRICT 3
TO BE HELD ON TUESDAY, NOVEMBER 3, 1998
PURSUANT TO ORDINANCE NO.
A nonpartisan primary election will be held on
Tuesday, November 3, 1998, from 7 A.M. until 7
P.M., in the City of Miami, Florida, at the
polling places in the several election precincts
designated by the Miami -Dade County Supervisor of
Elections, at which election the qualified
electors participating therein will vote for the
nomination of candidates to fill the District 3
Commission office for the City of Miami, Florida,
to be each voted on at the regular municipal
election which is to be held on Tuesday, November
10, 1998, unless. in the primary election a
candidate from the group receives a majority
vote, in which case he or she shall be elected to
the office, subject to possible displacement.
(b) The 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. The registration books and records for the
registration of persons qualified to vote in said elections
shall be those maintained by the Supervisor.
(c) The official ballot shall be in
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•
substantially the following form, to wit:
OFFICIAL BALLOT
NONPARTISAN PRIMARY ELECTION
FOR
NOMINATING CANDIDATES FOR THE
OFFICE OF ONE COMMISSIONER DISTRICT 3
OF THE CITY OF MIAMI, FLORIDA
NOVEMBER 3, 1998
PRECINCT NO.
DISTRICT 3
FOR COMMISSIONER
Vote for one (1) only:
(Names of Candidates)
(d) Tuesday, November 10, 1998, the official
ballot to be used at such regular 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
MUNICIPAL ELECTION
FOR
ELECTING ONE COMMISSIONER DISTRICT 3
OF THE CITY OF MIAMI, FLORIDA
NOVEMBER 10, 1998
PRECINCT NO.
(e) A regular municipal election will be
held on Tuesday, November 10, 1998, from 7 A.M. until 7 P.M., in
the City of Miami, Florida, at the polling places set forth
herein, at which election the qualified electors of the City of
Miami participating herein will vote for the election of one
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Commissioner, District 3, of the City of Miami, Florida, unless a
candidate from a district shall have received a majority vote in
his or her district at the nonpartisan primary election held
November 3, 1998, and the Election Clerks and Inspectors at said
regular election shall be those designated by the Supervisor for
such purpose. The registration books and records for the
registration of persons qualified to vote in said regular
municipal election shall be those maintained by the Supervisor.
Section 11. 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 in relation to matters pertaining to the use
of the registration books for the holding of the herein
nonpartisan primary election and the herein regular election.
Section 12. The City Clerk shall cause to be prepared
absentee ballots for the use of absentee electors entitled to
cast such ballots in said elections.
Section 13. The City Clerk is hereby directed to transmit
a certified copy of this Ordinance to the Miami -Dade County
Supervisor of Elections.
Section 14. All ordinances or parts of ordinances insofar
as they are inconsistent or in conflict with the provisions of
this Ordinance are hereby repealed.
Section 15. If any section, part of section, paragraph,
clause, phrase or word of this Ordinance is declared invalid, the
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11611
n
remaining provisions of this Ordinance shall not be affected.
Section 16. This Ordinance is hereby 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.
Section 17. The requirement of reading this Ordinance on
two separate days is hereby dispensed with by an affirmative vote
of not less than four -fifths of the members of the Commission.
Section 18. This Ordinance shall become effective
immediately upon its adoption and signature of the Mayor.1/
PASSED AND ADOPTED BY TITLE ONLY this 21st
July , 1998.
day of
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, said legizlation seo;na
becomes effective with the elapse often (10 da4aRer
e of 40erk
acLiort
regarding same, without the Mayor a erc" m
ATTEST:
o an,
WALTER J�AS
FO CITY CLERK
APPROVE T FOCORRECNES$:�
30:JEM:BSS:mis
1� 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.
0 CITY OF MIAMI, FLORIDA •
Honorable Mayor and Members
TO
of the City Commission
t
FROM:
Walter J. Foeman
City Clerk
INTER -OFFICE MEMORANDUM
DATE:
SUBJECT
June 17, 1998
1,5 A
FILE :
Legislation Calling for Special
Election on November 3, 1998
REFERENCES:
ENCLOSURES:
Attached please' find an ordinance making provisions, in accordance with Section 12 of the Miami
City Charter, to schedule a Special Election to fill the office of Commission District 3, on
November 3, 1998, the date of the State of Florida general election, at which election national,
state and county offices are filled. This legislation establishes a qualifying date. The ordinance
also and
for the holding of a general municipal election (runoff), should one be necessary, on
November 10, 1998.
It is in order for the City Commission to adopt said ordinance. By copy of this memorandum to
the City Manager, we are requesting that this item be scheduled on the July 14, 1998 Commission
meeting agenda.
WJF:sl
c: Donald Warshaw, Acting City Manager
Alejandro Vilarello, City Attorney
Maria Chiaro, Assistant City Attorney
1,1691
MIAMI DAILY BUSINESS REVIEW
Published Daily except Saturday, Sunday and
Legal Holidays
Miami, Dade County, Florida.
STATE OF FLORIDA
COUNTY OF DADE:
Before the undersigned authority personally appeared
Octelma V. Ferbeyre, who on oath says that 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 Dade
County, Florida; that the attached copy of advertisement,
being a Legal Advertisement of Notice in the matter of
CITY OF MIAMI
ORDINANCE NO. 11691
XXXXX
inthe................................................................................ Court,
was llished in saidmpaper in the issues of
Affiant further says that the said Miami Daily Business
Review is a newspaper published at Miami in said Dade
County, Florida, and that the said newspaper has heretofore
been continuously published in said 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 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 she has
neither paid nor promised any person, firm or corporation
any discou rebate, commissjas rry�refinr for the purpose
of secur" this advertise e 9 public ion in the said
1 % Sw crire me two.....dz[ of........ ,..... . .... A.D. 19...... y
(SEAL) NOTARYOFFICIAL L
O�PRY PV®� ANETiLLERENA
Octelma V. Ferbeyre pe *IT r0me.CGMMj,. 10N NUMBER
CC566004
9/ O MY COM1166SION EXPIRE
`cOF FLOC JUNE 23,2000
UITT-, OF MIAMI, FL®RIDA
`LEGAL NOTICE .
All intefested persons will take notice that on the 21 st day of, July
1998 the City Commission of 'Miami, Florida adopted, the following
titled ordinances:
ORDINANCE NO. 11686
AN EMERGENCY ORDINANCE AMENDING -ORDINANCE
NO: 11547, ADOPTED SEPTEMBER 23, 1997, ENTITLED:
"LOCAL LAW -ENFORCEMENT BLOCK GRANT PROGRAM;"
THEREBY PROVIDING FOR AN INCREASE IN THE TOTAL
AMOUNT OF $82,755.18, REPRESENTING -INTEREST.
EARNED "FROM •SECOND. YEAR GRANT FUNDING .. t
MONIES WHICH TOTALED $3,61.5;800.00; -CONTAINING A
REPEALER PROVISION AND SEVERABILITY CLAUSE.
ORDINANCE NO. 11687
' 'AN EMERGENCY .ORDINANCE ESTABLISHING INITIAL
RESOURCESAND INITIAL APPROPRIATIONS FORA
SPECIAL -.REVENUE FUND' ENTITLED: "PROBLEM
SOLVING PARTNERSHIPS ASSESSMENT. GRANT
PROGRAM," AND APPROPRIATING FUNDS, - IN THE
AMOUNT -OF $49,950:00,. CONSISTING "OF'GRANT FROM
THE U:S..DEPARTMENT OF JUSTICE; AUTHORIZING THE
.:'CITY MANAGER TO "ACCEPT SAID GRANT, AND TO
EXECUTE ---THE NECESSARY DOCUMENTS" FOR THIS
PURPOSE; CONTAINING A REPEALER PROVISION,
SEVERABILITY CLAUSE,`."AND PROVIDING FOR AN
t EFFECTIVE DATE:
ORDWAI46E NO. 11688
AN � ORDINANCE -AMENDING, SECTION `18-78, `OF THE
CODE OF THE CITY. OF MIAMI,.FLORIDA, AS AMENDED,
RELATING -TO CONTRACTING METHODS • -AND
PROCEDURES, THEREBY STIPULATING -.`THAT , ANY
PURCHASE' AGREEMENT" ENTERED -INTO -IN' A MANNER' `.
INCONSISTENT WITH' .:PROCEDURES,- AS'-'`HERbW
OT SPECIFIED SHALL- NBE BINDING"-UPON`THE -CITY; `
CONTAINING' X=- REPEALER `..PROVISION
SEVERABILITY CLAUSE; -PROVIDING FOR -AN EFFECTIVE',
DATE. - -- "
- � ORDINANCE NO 11689
AN ORDINANCE AMENDING, CAPITAL IMPROVEMENT
ORDINANCE NO. 11623, AS : AMENDED, ADOPTED .
MARCH 24, 1998; CONTINUING "AND REVISING
PREVIOUSLY APPROVED SCHEDULED CAPITAL.
IMPROVEMENT. PROJECTS; " ESTABLISHING NEW
CAPITAL IMPROVEMENT- PROJECTS TO BEGIN DURING
FISCAL YEAR 1997:1998, " PROVIDING CONDITIONS,
AUTHORIZATIONS XND~"•DIRECTIONS TO THE `CITY
MANAGER AND CITY CLERK; CONTAINING A REPEALER
PROVISION AND SEVERABILITY CLAUSE.
ORDINANCE•NO. 11690 , -
AN. EMERGENCY ORDINANCE.' AMENDING' CHAPTER- 54,;
ARTICLE VIII OF- THE .CODE •OF THE CITY.:OF. MIAMI;
FLORIDA, 'AS -AMENDED, ENTITLED: "USE OF PUBLIC
.,RIGHTS -OF -WAY -,BY- COMMUNICATION -SYSTEMS," BY
AMENDING .THE EXISTING. PROVISIONS CONCERNING
TOLL';TELEPHONE SERVICE PROVIDERS AND ADDING
.,NEW -...SECTIONS :CONCERNING • LOCAL EXCHANGE"
TELEPHONE SERVICE . PROVIDERS ALL IN ACCOR=
-,`.,DANCE WITH SECTION--337.4011FLORIDA STATUTES AS "
AMENDED' DURI N G.- THE• 1998., STATE LEGISLATIVE
SESSION;._CONTAINING., A REPEALER PROVISION, A .
SEVERABILITY. CLAUSE; AND, .PROVIDING FOR, AN
EFFECTIVE DATE: ', "_. ,.
ORDINANCE NO. 11691
AN xEMERGENCY ORDINANC •IEDULING AN
ELECTION TO FILL, SUBJECT TO: DISPLACEMENT," THE'
OFFICE Or COMMISSIONER, DISTRICT NO. 3; SETTING
NOVEMBER .3, 1,998, AS THE DATE OF SUCH ELECTION,
AND ESTABLISHING SEPTEMBER 19,-1998. AT 6 P.M:, AS
S THE -QUALIFYING . DATE.- -THEREFOR; - ` FURTHER,.
SCHEDULING A MUNICIPAL. REGULAR ('RUN-OFF") ELEC-
WA TION TO FILL THE OFFICE OF COMMISSIONER DISTRICT
.NO.3, SAID ELECTION,TO BE HELD ON NOVEMBER 10,-
• 1998, UNLESSSAIDOFFICE HAS BEEN.FILLED'BY THE "
ELECTION, OF . A, CANDIDATE 'AT THE: REGULAR'
.- .NONPARTISAN: PRIMARY.: ELECTION TO BE HELD ON
NOVEMBER 3,,;1998; DESCRIBING PERSONS QUALIFIED
TO• VOTE, IN : SA!P, ,ELECTIONS; DESCRIBING THE
i r REGIS.T,RATION BOOKS -AND RECORDS TO•"• BEt USED'
:FOR THE ELECTIONS; DESIGNATING AND APPOINTING
THE .CITY CLERK. AS: THE OFFICIAL REPRESENTATIVE
-- WITH RESPECT TO -THE USE OF SUCH REGISTRATION
BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO
GIVE • NOTICE OF THIS ORDINANCE'S ADOPTION AND
TRANSMIT A CERTIFIED •COPY TO THE MIAMI-DADE ,
COUNTY SUPERVISOR OF ELECTIONS CONTAINING A
REPEALER "PROVISION, SEVERABILITY' CLAUSE, AND -
PROVIDING FOR AN EFFECTIVE'DATE.
ORDINANCE NO. 11692 -.
AN!EMERGENCY ORDINANCE AMENDING CHAPTER 14
. •;.OF.THE CODE"OF THE CITY OF MIAMI FLORIDA, AS
AMENDED, -,ENTITLED: "DOWNTOWN DEVELOPMENT
AUTHORITY,•,•"^ MORE -PARTICULARLY BY- AMENDING
"SECTIONS 14-52 . -- AND .14-53 PERTAINING, ' TO; '
QUALIFICATIONS AND TERMS OF OFFICE OF -MEMBERS -
OF `THE".` -BOARD" OF "DIRECTORS; CONTAINING A
REPEALER-PROVISION''AND;A SEVERABILITY CLAUSE, -
`:' AND'PROVIDING-FOR AN -EFFECTIVE DATE: -
Said ordinances may be inspected by the pablic)at the Office of the`
City Cletk,.3500 Pan American Drive, Miami,. Florida, �Monday.through"
Friday, ezc,luding.holidays,'bet ween the hours of 8'a.m. and 5 p:m:
n�w
— Walter J. Foeman
- " City Clerk -''