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HomeMy WebLinkAboutO-11397J-96-1118 9/24/96 ORDINANCE NO. 113 9 7 AN EMERGENCY ORDINANCE, WITH ATTACHMENT, SCHEDULING A MUNICIPAL REGULAR ELECTION TO FILL THE GROUP V COMMISSION TEMPORARY VACANCY, SAID ELECTION TO BE HELD UNLESS SAID OFFICE HAS BEEN FILLED BY THE ELECTION OF A CANDIDATE AT THE NONPARTISAN PRIMARY ELECTION TO BE HELD ON NOVEMBER 5, 1996, PURSUANT TO ORDINANCE NO. 11396, ADOPTED SEPTEMBER 16, 1996; AUTHORIZING THAT SAID REGULAR ELECTION BE SCHEDULED FOR THURSDAY, NOVEMBER 14, 1996, SO THAT THE PREPARATION REQUIRED BY THE METROPOLITAN DADE COUNTY SUPERVISOR OF ELECTIONS FOR SAID ELECTION DOES NOT CONFLICT WITH THE OBSERVANCE OF VETERAN'S DAY, A NATIONAL HOLIDAY; DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTIONS; DESCRIBING THE REGISTRATION BOOKS AND RECORDS MAINTAINED UNDER THE PROVISIONS OF THE GENERAL LAWS OF FLORIDA AND CHAPTER 16 OF THE CODE OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, WHICH THE CITY HAS ADOPTED AND DESIRES TO USE FOR HOLDING SUCH ELECTIONS; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING THE CITY CLERK TO GIVE NOTICE BY PUBLICATION OF THE ADOPTION OF THIS ORDINANCE AND THE PROVISIONS HEREOF; DIRECTING THE CITY CLERK TO TRANSMIT A CERTIFIED COPY OF THIS ORDINANCE TO THE METROPOLITAN DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. WHEREAS, on September 16, 1996, Reverend Richard P. Dunn, II, was appointed, pursuant to Resolution No. 96-668, to fill the temporary vacancy (Group V position) created by the suspension of Commissioner Miller J. Dawkins by Governor Lawton Chiles; and ATTACHMENT (s) CONTAINED 11397 WHEREAS, pursuant to Section 12 of the Charter of the City of Miami, Florida, as amended, 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, as pursuant to Section 4 of the Charter, the even -year State of Florida general election, whichever occurs first; and WHEREAS, the City Commission, on September 16, 1996, adopted Ordinance No. 11396, attached hereto and made a part hereof, to schedule November 5, 1996, as the date for the nonpartisan primary election to fill the Group V Commission temporary vacancy; and WHEREAS, the person who receives the majority of votes in said election shall be elected; however, should one candidate not receive the majority of votes, a regular election must be held; and WHEREAS, the candidate elected as Commissioner for the Group V seat shall serve for the balance of Commissioner Miller J. Dawkins' current term, subject to possible displacement by Mr. Dawkins if Mr. Dawkins is restored to office pursuant to §112.51(6), Fla. Stat. (1995); and WHEREAS, the Charter of the City of Miami, Section 7 (hereinafter "Section 711), provides, inter alia,: [a] regular 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....; - 2 - 11397 and WHEREAS, pursuant to said provision the regular election is required to be held on Tuesday, November 12, 1996, however, November 11, 1996, is Veterans' Day, a National Holiday; and WHEREAS, the Metropolitan Dade County Elections Department, in its efforts to facilitate an orderly, mutually cost-effective and coordinated holding of Dade County's municipal elections, has recommended the substitute date of Thursday, November 14, 1996, for the holding of the possible regular election; 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 municipal regular election as 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. - 3 - Section 2. In accordance with the provisions of Sections 7 and 12 of the City Charter (Chapter 10847, Laws of Florida, 1925, as amended) and pursuant to Ordinance No. 11396, adopted September 16, 1996, attached hereto and made a part hereof, a nonpartisan primary election is hereby directed to be held in the City of Miami, Florida, at the polling places designated by the Metropolitan Dade County Supervisor of Elections ("Supervisor") on Tuesday November 5, 1996, from 7:00 A.M. until 7:00 P.M. for the purpose of nominating a candidate to fill the Group V Commission temporary vacancy, said candidate to be elected by a majority vote, in which case he or she shall be elected to the office for the balance of the current Group V term, subject to displacement by Miller J. Dawkins, should he be exonerated prior to the end of said term. Section 3. An regular election to fill the Group V Commission temporary vacancy is hereby scheduled and the date of Thursday, November 14, 1996, 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 5, 1996, for said vacancy, in which case he or she shall be elected to the office for the balance of the current Group V term, subject to displacement by Miller J. Dawkins, should he be exonerated prior to the end of said term. Section 4. The date of said regular election, Thursday, November 14, 1996, instead of Tuesday, November 12, 1996 (as required pursuant to Section 7 of the Charter of the City of Miami, Florida, as amended), is hereby authorized and designated - 4 - 11397 so that the preparation required by the Metropolitan Dade County Supervisor of Elections does not conflict with the observance of Veteran's Day, a National Holiday. Section 5. The candidate who shall receive the highest number of votes in the Group V regular election shall serve as a Commissioner of the City of Miami for a period of one year from 12:00 o'clock noon of the day after the canvass of the of the vote and the declaration of the result of said regular election, subject to possible displacement by Mr. Dawkins if Mr. Dawkins is restored to office pursuant to §112.51(6), Fla. Stat. (1995), or until his successor of office is elected and qualified at the odd -year first regular election for Commissioners, 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 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, as amended, or who have transferred their legal residence from one voting precinct to another voting precinct in the City, they may register 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: METROPOLITAN DADE COUNTY ELECTIONS DEPARTMENT Ill Northwest 1st Street, Miami, Florida Monday to Friday, inclusive: 8:00 A.M. to 5:00 P.M. - 5 - 11397 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 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 t 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). 11397 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 weeks 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 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 TO BE HELD ON TUESDAY, NOVEMBER 5, 1996 PURSUANT TO ORDINANCE NOS. 11396 AND 11397 An nonpartisan primary election will be held on Tuesday, November 5, 1996, 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 Metropolitan Dade County Supervisor of Elections, at which election the qualified electors participating therein will vote for the nomination of candidates to fill the Group V Commission temporary vacancy for the City of Miami, Florida, to be each voted on at the regular municipal election which is to be held on Thursday, November 14, 1996, 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 Metropolitan 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. - 7 - (c) The official ballot shall be in substantially the following form, to wit: OFFICIAL BALLOT NONPARTISAN PRIMARY ELECTION FOR NOMINATING CANDIDATES FOR THE OFFICE OF ONE COMMISSIONER OF THE CITY OF MIAMI, FLORIDA NOVEMBER 5, 1996 PRECINCT NO. GROUP V FOR COMMISSIONER Vote for one (1) only: (Names of Candidates) (d) In the event a regular municipal election is required to be held on Thursday, November 14, 1996, 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 OF THE CITY OF MIAMI, FLORIDA NOVEMBER 14, 1996 PRECINCT NO. WM 11397 (e) A regular municipal election will be held on Thursday, November 14, 1996, from 7:00 A.M. until 7:00 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 Commissioner of the City of Miami, Florida, unless a candidate from a group shall have received a majority vote in his or her group at the nonpartisan primary election held November 5, 1996, 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 Dade County Supervisor of Elections. 1139-7 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 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. PASSED AND ADOPTED BY TITLE ONLY this 26th day of September , 1996. ATTST : WALTE OEMAN CITY CLERK PREPARED AND APPROVED BY: Aa_t�$7 G.J w E. MAXWELL E CITY ATT Y BSS:W194 - 10 - 1 �W'r'1�, "• 0 •• • •• APPROVED AS TO FORM AND CORRECTNESS: Irl QPVW J S, II CITY A O Y 1I. 397 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 fikla 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. 11397 in the ........................ Court, X?TXXXXXX .......................... was published in said newspaper in the issues of Oct 11, 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 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 pe or corporation any disco rebate, commies o refund or the purpose of sec g this advertise f public Ion in the said new p� Sworn to and subscribed before me this 11 of.. October/96 day D19...... (SEAL) O'\ Y p eG OFFICIAL NOTARY AL JANETT LLERE Octelma V. Fart re, 114novii4ll!' .ON NUMBER 5 Q CC566004 y +t O f`cEXPIR OF FLOC\ �JUNE�23.2000ES CITY F LMAL _AN )interested oereelm will Ww notice #W on the 9Mh day of Sep- tember, 1996, Ins Cbff on of Miafni, Florir�, adopted /he fal- Iowirgtided oid1twMes: AN EMERGENCY ORDINANCE, �MENT. SCHEDUL- ING A MLSNfPAl. ELECTION TO',FN L THE GROUP V COMMIS IN, � VACANCY, SAID ELJ tO4 TO BE HELD tJep l:SS OFFICE HAS BEEN FILLED fk>j' THE ELEC- TION OF A CANDIDATE AT T"E NONPARTISAN PRIMARY ELEC- TION TO WE HELD ON NOVEMBER 6. 1 TO ORD1- NANCE NO. 1130, ADOPTED SEPTEM. 16 ING THAT . "D ELECTION . THURSDAY, NOV N 14, 1996, SO P14EPARA7 REQLNRED BY T1iE MEOpOLiTAiG SOR OF ELECTIONS FOA SAID E NOT WITH THE O04EJWAKK OF VETERAN, Y, A HOLIDAY; DESCRIBING PEP40NS ELECTIONS; OESCG�i`� RE CORDS,MAINTAINEO.UM THE OFF -GE ERAL LAWS OF I:T A AND THE THE CITYwOF bWIMI, FLORIDA; AS E HAS ADOPTE0.At DESIRES TO •• c _,�.. .,• ..• r OR©WANCE NO.11398 AN ORDINANCE DEFINING AND DESIGNATING THE TERRITo- RIAL L.IMMS FOR THE CITY OF.MIAMI FOR THE PURPOSE OF TAXATION; FIXING THE MNIAGE AND LEVYING TAXES 94 THE CITY OF MIAMI, FLORIDA. FOR THE FINICAL YEAR BEGINNING OCTOBER 1, 1996"AND EKING SEPTEMBER 30,1W; CONTAIN- ING A SEVERABILITY CLAUSE. °II6 IISM AN, OFO*UJC* ' APPROPRIA MNS FOR THE FISCAL YEAR ENDING SEPTEMBER 30, 1997, CONTAINING A REPEALER] PROVISION AND A SEVEpABILTY CLAUSE. oROM ANCE NO.11400 AN ORDINANCE, WITH ATTACHMENT, RELATED TO TAXAT DEFINING AND DESIGNATING THE TERRITORIAL LIMITS OF iT DOWNTOWNN DISTRICT OF THE CITY OF MIAAAI, FLORIpA; IUD JMID LEVYING TAXES IN SAID DOYVFIt10YrlN t>LOPIf-?T DIRI RICT FOR THE FISCAL YEAR 13EGINNIN13 OCT08ER 1, 1996 AND ENDING SEPTEMBER 30, 1997, AT FIVE TENTHS (.S) MILLS ON THE DOLLAR OF NONEX- EMPT ASSESSED VALUE OF ALL REAL AND PERSONAL PROP- ERTY IN SAID DISTRICT; PROVIDING THAT SAID MILLAGE AND THE TAXES SHALL BE IN ADDITION TO. THE FIXING OF THE Mil LACE AND THE LEVYING OF TAXES WITHIN THE TERRITORIAL. LIMITS OF THE CITY OF Mimi AS REFLECTED IN THE CITY'S MILLAGE LEVY OF MdANGE FOR THE AFORESAID FISCAL YEAR WHIt3•t IS 1 EQUIBY, CITY CHAK". SECT" 27; PROVID- ,pFBE�t3 ING THAT THE FIXING 'OF THE MILL.A a AND LEVYING OF TAXES HEREIN SHALL BE IN ADDITION TO SPECIAL ASSESS- MENTS; PROVIDING THAT THIS ORDINANCE SHALL NOT BE DEEMED AS ` REPEALING OR AMENDING ANY OTHER ORDI- NANCE FIXING MiLLAGE OR LEVYING TAXES, BUT SHALL BE DEEMED SUPPLEMENTAL AND IN ADDITION THERETO; CON- TAINING A REPEALER PROVISION, SEVERABILI-TY CLAUSE AND PROVIDING FOR AN EFFECTIVE DATE. OFONIAt" Mg.1140 AN ORDINANCE MAKING APPROPRIATIONS FROM THE DOWNTOWN DEVELOPMENT DISTRICT AD VALOREM TAX LEVY AND OTHER MISCELLANEOUS INCOME FOR THE DOWNTOWN DEVELOPMENT AUTHORITY OF THE CITY OF MIAMI, FLORIDA, FOR THE FISCAL YEAR BEGINNING OCTOBER 1, 1996 AND ENDING SEPTB48ER 30, 1997; AUTHORIZING THE DOWNTOWN DEVELOPMENT AUTHORITY TO INVITE OR;, ADVERTISE RE- QUIRED LDS;. PROVIDING FOR BUDGETARY FLEXIBILITY; PROVI011 THOW THE QRDNANCE ISE VEEiMIED SUPPLEMEN- TAL AND IN `fit: 0 THE GM f . litAKING APPRO- PRIATIONS FOR THE FISCAL YEAR BENNO% OCTOBER 1, "t CITY _OF MLAMI!, CONIXll A 011811E&W, SEVERAORM CLAUSE AND PROVIDING FOR AN DATE. Said ordinances may be inspected by the pubko at the Office Of the f8Monday ex*j** hdidbetween the betwethe hours of a m. and P p.m. �k6 ((N4141)