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Home My WebLink AboutO-11381J-96-671 7/19/96 ORDINANCE NO. 11381 AN EMERGENCY ORDINANCE RELATING TO MUNICIPAL ELECTIONS, AMENDING CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, BY ADDING PROVISIONS AUTHORIZING THE CITY CLERK TO FILE ACTIONS IN CIRCUIT COURT CHALLENGING CANDIDATE'S QUALIFICATIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Chapter 16 of the Code of the City of Miami, Florida, as amended, concerning election laws, is hereby amended in the following particulars:11 'CHAPTER 16 ELECTIONS Sec. 16-17. Candidate qualifications; affidavit, and form thereof, required of candidates for office of commissioner or mayor; finding candidate unqualified; failure to submit affidavit...; authorization for City Clerk to pursue iudicial declaration. (e) If the City Clerk finds: (1) That the qualification papers of a candidate on their face are not in compliance with the applicable elections laws of the State of Florida li 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. and in compliance with the applicable municipal charter or laws or ordinances; or (2) That the qualification papers of any candidate, on their face are incomplete or defective, and are incomplete or defective at the end of the qualifying period; or (3) That the qualification fee has not been paid in accordance with law; or (4) That a sworn written statement is or has been filed by a qualified elector residing within the municipality challenging the qualifications of a candidate for municipal office; or _ (5) That the City Clerk has received written notification from the Dade County Supervisor of Elections that a candidate is not an elector of the City of Miami; the City Clerk is hereby authorized and directed to file and prosecute an appropriate action in the Circuit Court for Dade County, in the name of the City Clerk solely for the purpose of receiving a iudicial determination with regard to the qualifications of the candidate In the event the Circuit Court rules for the City Clerk The City Clerk is directed to take the necessary action remove the name from the ballot or notify the voting public of the candidate's invalidity if such removal is impracticable." Section 2. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this Ordinance are hereby repealed. Section 3. 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 4. 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 5. 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 6. This Ordinance shall become effective immediately upon its adoption. / PASSED AND ADOPTED BY TITLE ONLY this 19t.h d9�y July 1996. ATTES WALTER J. CITY CLERK PREPARED AND APPROVED BY: L�p Ak, /y E . MAX' Y CITY APPROVED AS TO FORM AND CORRECTNESS: h A. QUI JO III CITY O W 177:mis,JEM -3- WIFREDO GORT, VICE MAYOR t#ij ofV Or F ,3 WALTER J. FOEMAN City Clerk ' 189111. NAM e 7�C0 F10 August 26, 1996 Rosemary Ricotta Office of the State Attorney 1351 Northwest 12th Avenue Miami, FL 33136-2111 Dear Ms. Ricotta: CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinance which amends the Code of the City of Miami, Florida: 11381 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and return it to this office for our files. Thank you. Very truly yours, Walter J. Foeman City Clerk BY: Deputy C14'rk RECEIVED BY: DATE: Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 ilfitij of 'ffliaml WALTER J. FOEMAN City Clerk Louis Tomeo Court Operations Officer 1351 Northwest 12th Street Room 7-701 Miami, FL 33125 Dear Mr. Tomeo: c5gIV OF y F 1299 7�C0 SOP August 26, 1996 CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinance which amends the Code of the City of Miami, Florida: 11381 Please acknowledge receipt of same by affixing your signature to the enclosed copy of this letter, and return it to this office for our files. Thank you. Very truly yours, 2�//'Q&L g, � W alter J. Foeman City Clerk BY: Deputy Clerk RECEIVED BY: DATE: Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233A305) 250-5360/FAX: (305) 858-1610 tfttij of 'ffltaxtii WALTER J. FOEMAN City Clerk Alyce A. Whitson, Esq. Municipal Code Corp. P.O. Box 2235 Tallahassee, FL 32304 Dear Ms. Whitson: GSTY op F C nuu i no Q FV0 August 26, 1996 CESAR H. ODIO City Manager Enclosed herewith please find a copy of the following Ordinances which amends the Code of the City of Miami, Florida: 11381 If I can be of any further assistance, please do not hesitate to call. Yours truly, Z' Eva eline ilp rick Deputy City Clerk Enc. a/s OFFICE OF THE CITY CLERK/3500 Pan American Drive/P.O. Box 330708/Miami, FL 33233/(305) 250-5360/FAX: (305) 858-1610 -c o � -cam � C? 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 Sookle tAlilliams, who on oath says that she Is the Vice President of Legal Advertising 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 RE: ORDINANCE NO. 11381 In the ...........XXXXX..................... ......... Court, wasp 111g in sald�gwspsper In the Issues of Afflant 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 n receding the first publication of the attached copy of ve sement and afflant further says that she has nelthe paid or promised any person, firm or corporation any di ou , rebate, commission or refund for the purpose of s ri this advertisement for publication in the said ova r. ....... 4. SwoLn lq and subscribed before me this.- 2 u y y dayof ......................... A.D. is ...... �i ............ OFFIC-IXL NOTARY SEAL (SEAL) O�P(tY FUQ<i HEPYL H MAR ER Sookle VAIllams personally commissiON NUMBER '� Agyt�►- Q CC545384 MY COMIASSiON EXPIRES Fof: 'VO APR. 12.2000 AN CY' A1R.E` OR�RWVE NM 11 '+7 A$ A EE THE CAPfTAL ` AI V, A BREW DATE; AND F NO.11380 : :h A&SE SECTIOW 11 � 41F :1jvNnu kk —410P—1, Fwpmm movisi6kAm A tovewLfT1l Cu f?ORANEFFECT1VE Alt safe is atlliy be*!pir M the.pu tts at the + `.' ,stackrdklg hoYdays.tteM[IMn �!-tea of &a.enl. arltl3 pta. ,,,: . ;:y cr r:ti :a °t;:i -" 3a 'ry H +« �Il°3 xC• » i 1