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Home My WebLink AboutR-89-10081 0 0 J-89-1089 11/8/89 RESOLUTION NO. 89 -1008 A RESOLUTION, WITH ATTACHMENT, OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON NOVEMBER 7, 1989, IN WHICH THE QUESTION OF AMENDING THE CITY CHARTER (CHARTER AMENDMENT NO. 2) TO PROVIDE: EFFECTIVE IN 1991, FOR EXPANDING THE COMMISSION FROM FIVE TO NINE MEMBERS, FIVE OF WHOM ARE TO BE ELECTED ON THE BASIS OF SINGLE -MEMBER DISTRICTS AND FOUR OF WHOM, INCLUDING THE MAYOR, ARE TO BE ELECTED AT LARGE; ALSO, PROVIDING FOR DISTRICT BOUNDARIES TO BE ESTABLISHED AND REDEFINED, SUBJECT TO COMMISSION APPROVAL, BY A BOUNDARIES COMMITTEE, WHICH SHALL BE IMPANELED IN 1991 AND AFTER EACH FEDERAL DECENNIAL CENSUS; PROVIDING FOR STAGGERED TERMS OF OFFICE AND FOR THE DATES AND MANNER OF ELECTIONS FOR ALL COMMISSIONERS AND THE MAYOR; AND BY CHANGING THE REQUIREMENT FOR AN EXTRAORDINARY VOTE OF THE CITY COMMISSION; MORE PARTICULARLY BY AMENDING SECTIONS 41 6, 7, 12, 13, 19, 32 AND 39 OF SAID CHARTER WAS DISAPPROVED BY THE ELECTORATE. BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. The City Commission hereby officially accepts the attached City Clerk's Certification and Declaration of the results of the Special Municipal Election held on November 7 1989, in which the question of amending the City Charter (Charter Amendment No. 2) to provide: effective in 1991, there shall be expansion of the city commission from five to nine members, five from districts and four at large; a method of defining district boundaries; staggered terms of mayor and commissioners with date and manner of their election; and -a change in any required extraordinary vote of the City Commission to seven --ninths (7/9ths) was disapproved by the electorate. Section 2. The City Commission hereby declaress (a) with respect to Charter Amendment No,.2 4 of providing: effective in 1991, that there be expansion of the city commission from five to nine members, five from districts and four at large; a method of defining district boundaries; ATTACHMENTS CONTAINED staggered terms of mayor and coam issioners with date and manner of their election; and a Change in any required extraordinary vote of the City Commission to seven -ninths (7/9ths), an election was duly called and properly held and notice thereof was duly given in accordance with law and Resolution No. 89-729, adopted July 27, 1989, entitledi "A RESOLUTION, WITH ATTACHMENTS, APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 2, TO PROVIDE, EFFECTIVE IN 1991, FOR EXPANDING THE COMMISSION FROM FIVE TO NINE MEMBERS, FIVE OF WHOM ARE TO BE ELECTED ON THE BASIS OF SINGLE -MEMBER DISTRICTS AND FOUR OF WHOM, INCLUDING THE MAYOR, ARE TO BE ELECTED AT LARGE; ALSO, PROVIDING FOR DISTRICT BOUNDARIES TO BE ESTABLISHED AND REDEFINED, SUBJECT TO COMMISSION APPROVAL, BY A BOUNDARIES COMMITTEE, WHICH SHALL BE IMPANELED IN 1991 AND AFTER EACH FEDERAL DECENNIAL CENSUS; PROVIDING FOR STAGGERED TERMS OF OFFICE AND FOR THE DATES AND MANNER OF ELECTIONS FOR ALL COMMISSIONERS AND THE MAYOR; CHANGING THE REQUIREMENT FOR AN EXTRAORDINARY VOTE OF THE CITY COMMISSION; MORE PARTICULARLY BY AMENDING SECTIONS 4, 6, 7, 12, 13, 19, 32 AND 39 OF SAID CHARTER; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 7TH DAY OF NOVEMBER, 1989 FOR THE PURPOSE OF SUBMITTING CHARTER AMENDMENT NO. 2 TO THE ELECTORATE AT SAID ELECTION; FURTHER, DIRECTING THAT A CERTIFIED COPY OF THIS RESOLUTION BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF METROPOLITAN DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION." (b) all steps in connection with said election were duly, regularly and lawfully taken and had; and all applicable provisions of the Constitution and Statutes of the State of Florida and of said Resolution have been fully complied with; (c) the inspectors and clerks of each election precinct in the City have duly made returns of -the results of the election in each such precinct on the question submitted at said election; "Shall Charter Amendment No. 2 be adopted to provider effective in 1991, there shall be expansion of city commission from five to nine members, five from districts and four at large; a method of defining district boundaries; staggered terms of mayor and commissioners with date and manner of their election; and a change in any required extraordinary vote of the City Commission to seven -ninths (7/9ths)?" (e) the attached schedule correctly shows the number of each of the election precincts in the City of Miami, the number of electors entering the voting machine booths i for the purpose of voting, the number of votes cast by qualified electors approving and disapproving the question to provides effective in 1991, there shall be expansion of city commission from five to nine members, five from districts and four at large; a method of defining district boundaries; staggered terms of mayor and commissioners with date and manner of their election; and a change in any required extraordinary vote of the City Commission to seven -ninths (7/9ths); (f) each qualified elector of the City of Miami was given the opportunity of voting for or against the question set forth above. Section 3. With respect to the question set forth above concerning said Charter Amendment, it is hereby found and determined that 9.675 votes were cast by qualified electors in favor of the provision and that 18J 14 votes were cast by qualified electors against the provision that effective in 1991, there be expansion of city commission from five to nine members, five from districts and four at large; a method of defining district boundaries; staggered terms of mayor and commissioners with date and manner of their election; and a change in any required extraordinary vote of the City Commission to seven - ninths (7/9ths); and the Commission hereby declares and certifies that the herein question of amending the City Charter was disapproved by the qualified electors of the City of Miami at such election and that the total number of votes on the question in said election in said voting precincts was 28,28,E sad that a majority of the votes on the question of Charter Amend pett l.� H N No. 2 in said election in said voting precincts was cast against said question. Section 4. This Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED this 30th dap of November 01 CITY CLERK APPROVED AS TO FORM AND CORRECTNESS: r Jo GE- -. FEMPANDEZ CI Y ATTORN RFC:BSS:M1269 1989. f-a- r �t r =, �d 4 �JI CIAT'IVICAT'ION AND DECLARATION STATE OF FLORIDA ) COUNTY OF DADE ) CITY OF MIAMI ) 1. 1, MATTY HIRAI, City Clerk of the City of Miami, Florida, do hereby certify that all necessary legal steps were taken in connection with the conduct of a City of Miami Primary and Special Elections held on November 7, 1989 including the following Logic and Accuracy Tests: On November 3, 1989 commencing at approximately 9:30 A.M. the Dade County Elections Department had the automatic tabulating - equipment based at the Elections Department and Office of Computer Services and Information Systems (O.C.S.I.S.) offices in — the Metro -Dade Center tested to ascertain that the equipment would correctly count the precinct and absentee "ballot votes cast for the candidates and measures. 'j On November 7, 1989, commencing at approximately 5:00 P.M., the automatic tabulating equipment based at the Elections Department _ and 0.C.S.I.S. offices at the Metro -Dade Center was once again } tested to ascertain that the equipment would correctly count the precinct and absentee votes cast for the candidates and measures. At the completion of the precinct ballot count, the automatic r tabulating equipment was again tested to ascertain that the equipment correctly counted the precinct and absentee votes cast. for the candidates and measures. I further certify that all documents concerning these Logic and Accuracy Tests showed the computer to be functioning correctly and that they are in the possession of the Supervisor of Elections of Metropolitan Dade Count i P y, under sealed vault i f-urther certify and declare that the results of the ' k i Primary Election which was held on November 7, 1989 are ast — follows: yip 4 F L Au` t ; t ; FINAL CUMULATIVE REPORT (85 Precincts Processed plus Absentees) CITY OF MIAMI PRIMARY AND SPECIAL ELECTIONS November I, 1980 ELECTION RESULTS Registered Voters - Miami 104,217 Ballots Cast 37,644 GROUP I MAYOR CANDIDATE COUNT % POSN. <— ti ARMANDO E. LACASA 12,165 35.66 56 = XAVIER L. SUAREZ 21,946 64.34 57 TOTAL 34,111 - GROUP IV COMMISSIONER CANDIDATE COUNT % MIRIAM ALONSO 10,279 29.87 61 ROSARIO KENNEDY 10,044 29.19 62 KEVIN T. MARSHALL 1,027 2.98 63 PRENTICE RASHEED 722 2.10 64 — MANOLO REYES 5,094 14.80 65 CAROLE ANN TAYLOR 7,242 21.05 66 TOTAL 34,408 — GROUP V COMMISSIONER — CANDIDATE COUNT % POSN. `- A. BARED 3,267 9.48 70 _ JOE CAROLLO 12,459 36.15 71 WILLY CHAVEZ, JR. 1,168 3.39 72 J.L. CORREA 388 1 . 13 73`— MILLER DAWKINS 13,150 38.15 74 CLARANCE PATTERSON 4,034 11.70 75— TOTAL 34,466 ! ,- = CHARTER AMENDMENT NO. I - Modifying Sealed aids Requirements COUNT YES 8,656 29.26 NO 20,927 70.74 o+ 29,583 CHARTER AMENDMENT NO. 2 - Restructuring City G6v*jnmeat Providing for Districts y COUNT % POSH. $ Y,BS 9; b75 34.20 NO 10,614 65 .80 3 Y�,n :� ►► 28,209 M h t L . CHARTER AMENDMENT NO. 3 COUNT 2 YES 8,128 21.11 NO 21,855 72.89 29,983 - increase Compensation of City Commission 11. POST ELECTION LOGIC AND ACCURACY TEST. I certify that the post -election Logic and Accuracy Test which was conducted after all precincts had reported verified the continued accuracy of the computer. 111. ABSENTEE BALLOT COUNT. CITY OF MIAMI PRIMARY AND SPECIAL ELECTIONS November 7, 1989 CUMULATIVE ABSENTEE REPORT: TOTAL ABSENTEE BALLOTS CAST: 1991 GROUP I MAYOR .CANDIDATE COUNT % POSN. ARMANDO E. LACASA 675 37.56 56 XAVIER L. SUAREZ 1,122 62.44 57, TOTAL 1797 GROUP IV COMMISSIONER CANDIDATE COUNT % MIRIAM ALONSO 608 33.33 61 ROSARIO KENNEDY 629 34.48 62 KEVIN T. .MARSHALL 81 4.44 63 PRENTICE RASHEED 42 2.30 64 MANOLO REYES 240 13.16 65 CAROLE ANN TAYLOR 224 12.29 66 TOTAL 1,824 GROUP V COMMISSIONER CANDJDATE, COUNT A, BARED.,. 70. JOE CAROLLO 728 40.58 71 WILLY CHAVEZ, JR.,- 4. .72 J.l., CORREA 21 1.17' 73 MILLEV.DAWKINS.;. 615 34.45 74 CLARANCE PATTERSON 228 i2.71 751, TOTAL 1 794 'o 7A .............. ............. ................ o t► CHARTER AMENDMENT NO. i - !Modifying Sealed Bids Requirements COUNT I YES 553 34.16 No 11038 65.24 ++ 1,591 CHARTER AMENDMENT NO. 2 Restructuring City Government - Providing for Districts COUNT X YES 507 32.99 NO 1,030 67.01 ++ 1,537 CHARTER AMENDMENT NO. 3 - Increase Compensation of City Commissioners - COUNT % YES 541 33.75 — NO 1,062 66.25 +• 1,603 — - IV. A. I further certify that the total number of ballots cast, plus absentee ballots received for said Primary Election '— was 37,644. B. I further certify that there were a total of 8,656 = votes cast for approval of the Charter Amendment No. 1 appearing - on the ballot in the said Special Election and a total of 20,927 �:rry votes cast against said amendment, and hereby declare that said question was DISAPPROVED by the electorate. C. I further i certify that there were a total of 91675 votes cast for approval of the Charter Amendment ,No. 2 appearing, ". s on the ballot in the said Special Election and a total of 18,614 — potgs cast against said "amendment, and hereby declare that said 2 question was DISAPPROVED by the electorate..,,, - D. I further F certify that there were tptaii of'82 r '} 1. y �L votes cast for approval of the Charter Amend' at No. S., ppeari k on the ballot in the said Special Election and toxf '2}1,5`4g " votes cast against said amendment, and hereby declare that. question was DISAPPROVED by the electorate, fp f. I further certify and declare that in 'GROVF! Mayor), Xavier L. Suarez received the4�>d -- greatest - Atttflber Of V. 9��$ cast in Group i, and is ZJ i 4 .hereby declared to have: be:a�► e1:+13 ftr��MAYOR. tt3" 74 F. i further certify and declare that in GROUP IV (for Commissioner) no candidate for office in this group received a majority of votes, and that the names of Miriam Alonso and Rosario Kennedy were duly placed upon the Regular Election ballot, in alphabetical order, as candidates in the race for the office of Commissioner in Group IV at the Regular Election to be held on November 14, 1989, said candidates being hereby declared to have received the greatest number of votes in said Primary i Election. G. I further certify and declare that in GROUP V (for Commissioner) no candidate for office in this group received a majority of votes, and that the names of Joe Carollo and Miller Dawkins were duly placed upon the Regular Election ballot, in jalphabetical order, as candidates in the race for the office of — Commissioner in Group IV at the Regular Election to be held on E November=14, 1989, said candidates being hereby declared to have received the greatest number of votes in said Primary Election.. i WITNESS 5; MY HAND and the official Seal of the City of ` -Miami,— Florida, this 15th day of November, 1989. 01,i tfT- RATTY HIRAI City Clerk '-15:th Sworn to and subscribed before me -this day of'NoYember., 1989. f _ - — Syl la Love an _ Not ry Public State of Florida My Commission Erpirot: April 29, 1991 5' NONPARTISAN PRIMARY ELECTION �'r r CITY OF MIAMI DADE COUNTY, FLORIDA NOVEMBER 79 1989 T Gi, jV!"" f Public Loeic and Accuracy Test Certification 1; gfLhe Precinct and Absentee Ballot Counts I Walter Foeman, Deputy City Clerk of the Cit of Miami, representing the City of Miami Canvassing Hoard, do, by my signature gereto, certify that to the best Of my knowledge: 1. On November 3, 1989, commencin at appproximately 9:30 a.m., the Dade County Supervisor of Elections bad the tabulating equipment based in the Elections Department and O.C.S.I.S. offices at the Metro -Dade Center tested to ascertain that the equipment will correctly count the precinct and absentee ballot votes cast for all candidates and questions. 2. The undersigned compared the test results with the predetermined totals for eah candidate and pursuant to the requirements established in Section 101.5612, Florida Statutes, observed the performance and results of all required tests and verified the correctness of the program, precinct header cards and test ballots, as well as any replacement of said materials required by said tests, subject to said tests. 3. At the completion of this public logic and accuracy test, the verified logic and accurac report '% the program listing19, BMX tog console. log)-, JCL report,, BMX tapes , program to a j and test ballots with recinct header cards fig, were placed the custody of the Supervisor of Elections under seal numbers o c `Q 13 ti x Deputy City Clerk of the City of Miami k 1 Y~ j44 Xis - T F � +2 .G t } �I t orle and Accuracy Test Certtticatio0 of the Pre and Post- Precinct and Absentee Ballot Count ; Canvasai` Board, do by my signature hereto, further cerUfy thrk of the City of Miami, at to the best Cit of �ami g of my knowledge: 4. On November 7, 1989, commencin at approximately 5:00 p.m., the. Dade County Supervisor of Elections hat the tabulating egw_p dent based ntetested e Elections Department and O.C.S I.S. offices at the Metro-D .n� �d absentee ascertain that the equipment will correctly count the preca ballot votes cast for all candidates and questions. Seal numbers O o `i'113 , ,used to secure the testing materials, were broken in my presence and the contents were used following the procedures of paragraph (2), to complete this pre -count logic and accuracy test. 5. At the completion of this pre -count logic and accuracy test, all precinct ballots cast were counted. Except as otherwise specifically set forth and declared in this Certification, in my presence and sight, no ballot card was removed from or added to any ballot card container, ballot card tray or other se ation of ballots, and no ballot card was in any manner altered or tampered wig by any person, and no person touched any ballot card container, ballot card tray or ballot card. except a person authorized to do so pursuant to Section 101.5614, Florida Statutes. 6. At the completion of the precinct and absentee ballot count, the automatic tabulating equipment was again tested to ascertain that the equipment correctly counted the precinct and absentee votes cast for all candidates and questions. 7. At the completion of this post -count logic and accuracy test, all voted ballots with their precinct header cards ®and duplicated and spoiled ballots, were stored in card cabinets under seal numbers 3 , 1n a cabinet under seal number , were stored the verified to 'c and accuracy report (�. the prograan zs4ng ab1X log ®, console 1 ,JCL report BMX tapes & program tape EL and under seal number O o'A 'Ili 4 the test ballots with precinct header cards]. { al Pate 2 of 3 s - s All items. sealed as described above, were placed in the custody of the Supervisor otElections. City Clerk of the City of Miami INFER -OFFICE MEMORANDUM TO Honorable Mayor and Members of the City Commission r`..j43rge in Ldez y At DATE November 3, 1989 FILE SUBJECT City Clerk's Official Election Certifications and Declarations REFERENCES City Commission Meeting November 16, 1989 ENCLOSURES ( 5 ) Attached please find five approved resolutions in connection with the upcoming elections. Separate resolutions have been prepared officially accepting the City Clerk's Certification and dAmDeclaration of Election Results for each of the three A separate resolution has been prepared pertaining to the — Nonpartisan Primary Election off November November 14th General mbe the N9 and another resolution has been prepared Municipal Election. JLF/BSS/P737 cc: Cesar H. Odio, City Manager - Aurelio Perez-Lugones,.Legislative Administrator - Matty Hirai, City Clerk ,_ k 'sk s s j r ; q e z t F