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Home My WebLink AboutO-11371LT- 96-330 5/9/96 ORDINANCE NO. 113'71 AN ORDINANCE RELATING TO MUNICIPAL ELECTIONS; CHANGING THE DATE FOR THE CITY OF MIAMI MUNICIPAL RUN-OFF ELECTION NOW SCHEDULED FOR VETERANS' DAY, TUESDAY, NOVEMBER 11, 1997, TO THURSDAY, NOVEMBER 13, 1997, BECAUSE OF THE CONFLICT WITH SAID NATIONAL HOLIDAY; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS ORDINANCE TO THE DADE COUNTY ELECTIONS SUPERVISOR; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, the Charter of the City of Miami, Section 7 (hereinafter "Section 711), provides, inter alia,: and [a] regular [run-off] municipal election for the election of 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 commission shall be held on the first Tuesday after the first Monday in November in odd -numbered years....; WHEREAS, a Primary (first) Election, pursuant to Section 7, is scheduled for November 4, 1997; and WHEREAS, the Run -Off (regular) Election is currently scheduled, pursuant to Section 7, for November 11, 1997; and WHEREAS, November 11, 1997, is Veterans' Day, a National Holiday; and WHEREAS, the Metropolitan Dade County Elections Department, in its efforts to facilitate an orderly, mutually cost-effective 113°71 and coordinated holding of Dade County's municipal elections, has recommended to all similarly situated municipalities a substitute date of Thursday, November 13, 1997, for the holding of November, 1997 Run -Off Elections; and WHEREAS, Section 100.3605(2), Florida Statutes (1995), provides: and (2) The governing body of a municipality may, by ordinance, change the dates for qualifying and for the election of members of the governing body of the municipality and provide for the orderly transition of office resulting from such date changes.; WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable and in the best interest of the general welfare of the City of Miami and its inhabitants to change the scheduled date for the November, 1997 Municipal Run - Off Elections as hereinafter set forth; 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 thereto and incorporated herein as if fully set forth in this Section. Section 2. The date for the Run -Off (Regular) Municipal Election, now scheduled for Veterans' Day, Tuesday, November 11, 1997, is hereby changed to Thursday, November 13, 1997, to remove said conflict. Section 3. The City Clerk is hereby directed, upon the adoption of this Ordinance on second and final reading, to notify - 2 - the Metropolitan Dade County Elections Department of said change, and transmit a certified copy of this Ordinance to David C. Leahy, Metropolitan Dade County Elections Supervisor. Section 4. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 5. 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 6. This Ordinance shall become effective thirty (30) days after final reading and adoption thereof. PASSED ON FIRST READING BY TITLE ONLY this 23rd day of May , 1996. PASSED AND ADOPTED ON SECOND AND FINAL READING BY TITLE ONLY this 13th day of June , 1996. ATTEST: W LTER J., FO CITY CLERK PREPARED AND APPROVED BY: owm-M., AWA PROVED AS TO FORM AND CORRECTNESS: A: QUKNN JpN tS , ' 71 I CITY TTORWY W133:Csk:BSS:JEM 3 - 0 GORT, VICE -MAYOR CITY OF MIAMI, FLORIDA INTER -OFFICE MEMORANDUM is TO : The Honorable Stephen P. Clark, Mayor and Members of the City Commission FROM alter man City Clerk DATE : May 8, 1 996 FILE SUBJECT : 1997 Election Dates REFERENCES. (May 23, 1996 Agenda) ENCLOSURES: The current scheduled date of the 1997 Municipal General Election (runoff election) will fall on November 11, 1997, which happens to be Veterans' Day, a legal holiday. Mr. David Leahy, Metro -Dade County Supervisor of Elections, has requested that the City of Miami change said election date to November 13, 1997 (copy of memo attached). State law (F.S. 100.3605) allows the governing body of a municipality to change by ordinance the date(s) for election of its members. We respectfully request that you pass the attached ordinance in order that we may schedule the 1997 runoff, if one should be necessary, to be held on November 13, 1997 instead of Veterans' Day. WJF:sl cc: Elvi Gallastegui, Agenda Coordinator 0ti ,Al bd g- 04 56 1 3 71 14:S1 V3US3752525 X,D ELECTIONS 1 [a001%001 Elections Department Stephen P. Clark Center 111 N. W. 1 street, suite 1910 Mlatni. FI. 33128-2241 TO: Walter Foeinan, Miami City Clerk DATE: May 9, 1996 (305)375-5553 Fax (30S)375.2525 FROM: David C. Leahy SUMCT: November 1997 Elections Supervisor of Elections As you know, the Hialeah and Miami General Elections and the Miami Beach Runoff Election fall on Veterans' Day in 1997. Attached is correspondence from Miami Beach City Attorney Murray Dubbin in which he writes that the date of the Miami Beach Runoff Election maybechanged by ordinance pursuant to Section 100. 3605, Florida Statutes. Assuming that your City Attorney agrees with Murray Dubbin, I recommend that the date of your second election be changed by ordinance to Thursday, November 13, 1997. Although November 1997 seems like a long way off, I suggest asking your goveming body to take this issue up as soon as possible so that we can publish the 1997 election schedule. Please contact me if you have any questions in this matter. Thanks for your cooperation. DCL:zd 1 1_ , '713 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. 11371 inthe ...................... 3=XS=................................ Court, was published in said newspaper in the issues of Jun 24, 1996 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 mall 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 disc , rebate, commissi for the purpose ne Sepa ling is advertise nS fo public tion in the said err - Sworn to and subscribed before me this 24 June 96 ........day of............................................................. A.D. 19...... PRy p& OFFiCIAL NOTARY SEAL (SEAL) O� e,,� CHERYL H MARMER 2 ffi ' 1, COMMiUSION NUMBER Octelma V. Ferbeyre personally kno Nt p Q CC545384 pi ti �Q MY COf�. MSSKN4 EXPIRES FOF F�.O� APR. 12,2000 AN Itklfpted owsons wlff fake rlOdOe that on the 13w day o/ June, 19M, the City bf k%mi, Florida, adapW the'tildwirtg 1Ned OFMI ANCE NO.11$* AN B4eRGe4CY OADM11WE AMENDING ORD NO: i it27, ADOPTl=D MARCH 24, 1994, ViIMI*4 128YAMISHED WMAL AE- SOURCES ANo WIAL AP ROPRKTKMFM A tI SOM t *E FUND, ENT 14txfAN NARCvnm ENFOROiH wff,' - BY INCREASING THE A .P4PPFYATKM- TD S+idD. ` itUND, M f HE AMOUNT OF $50,000; AttTFIMIZING TIE Crj`Y Ma WEIR TO ACCEPT A GRANT, 1IN THE AMOUNTOF. $5o,0110.00,, F)1OM V. Ht, BUREa!►U.QF ASSISTANCE, AND TO-E CECUT'@'THE NWES-' SAW * A- ANCE AND IMf�tSy0ffATTON" OF' SAID f iA(f ;.. t�A42 A REPEALER Pf CtVIMON AND SEVERABEfTY.Ct AUSE. AN ORDINANCE,RG.ATM'TO MUN�CT*NS; CHANG- ING THE DATE FOR- THE 'CITY .MIAkq MUNrwAL RUN-bFF ELECTION NOW SCHEDULED FOR VETEklI 4", DAY, TUESDAY, NOVEMBER 11, 1997, TO THCMDAY, ,W VEMOM. 13, 1997, BE CAUSE OF THE CbNFLICY tAATH SAID NATIONAL HOLIDAY, DIRECT- ING THE CITY CLERK TO ikANSM1T A CERTIRM COPY OF TFgS ORDINANCE TO THE DADE COUNTY ELECTIONS SUPERV ; CONTAINING X AEPE LER' PROVISION AND A SEVERABILIrl CLAUSE:; AND PRO.ViOINGYF001 AN EF'FWME DATE. Said may be Pected by the public at the Off lm of the City . CIW6 35IA, pdcd, �Drim, Mland, Florkta, Mondyr 1Mot gh id e)aChxi hod4Y4, Nbetween the 11Qltes o1e8a at.ancl 5 P.M. wAvt" j FOeMAN ,r.:. CITY QLERK