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HomeMy WebLinkAboutR-88-0873J-88-823 9/16/88 SA" f'73 RESOLUTION NO. A RESOLUTION OFFICIALLY ACCEPTING THE ATTACHED CITY CLERK'S CERTIFICATION AND DECLARATION OF THE RESULTS OF THE SPECIAL MUNICIPAL ELECTION HELD ON SEPTEMBER 6, 1988, IN WHICH THE QUESTION OF AMENDING THE CITY CHARTER (CHARTER AMENDMENT NO. 2) TO PROVIDE FOR EXPANSION OF THE MEMBERSHIP OF THE "OFF- STREET PARKING BOARD OF THE CITY OF MIAMI' FROM FIVE TO ELEVEN MEMBERS, AND TO PROVIDE FOR THE DIRECT APPOINTMENT BY THE CITY COMMISSION OF THE ADDITIONAL SIX MEMBERS FOR TERMS OF FOUR YEARS AFTER INITIAL STAGGERED TERMS AS WELL AS THE DIRECT APPOINTMENT OF SUCCESSORS TO THE FIVE INCUMBENT BOARD MEMBERS FOR FOUR YEAR TERMS OF OFFICE 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 September 6, 1988, in which the question of amending the City Charter to provide for the expansion of the membership of the "Off -Street Parking Board of the City of Miami" from five to eleven members, being appointed directly by the City Commission, with the new six members appointed for 4-year terms after serving initial staggered terms and with the appointment of successors to the incumbent members for 4-year terms upon expiration of their terms of office was disapproved by the electorate. Section 2. The City Commission hereby declares: (a) with respect to said question of providing for expansion of the membership of the "Off -Street Parking Board of the City of Miami" from five to eleven webers, being appointed directly by the City Commission, with the new six 'ATTACHMENTS CONTAW ED CITY COMMISSION MEETING Oi" OCT b "M %a. z r I I members appointed for 4-year terms after serving initial staggered terms and with the appointment of successors to the incumbent members for 4-year terms upon expiration of their terms of office, said election was duly called and properly held and notice thereof was duly given in accordance with law and Resolution No. 88-534, adopted June 9, 1988, entitled: "A RESOLUTION APPROVING, SETTING FORTH AND SUBMITTING THE DRAFT OF A PROPOSED CHARTER AMENDMENT AMENDING SECTION 23, ENTITLED "DEPARTMENT OF OFF-STREET PARKING; OFF-STREET PARKING BOARD.", OF THE CHARTER OF THE CITY OF MIAMI, FLORIDA, KNOWN AS CHARTER AMENDMENT NO. 2, THEREBY EXPANDING THE MEMBERSHIP OF THE "OFF-STREET PARKING BOARD OF THE CITY OF MIAMI" FROM FIVE TO ELEVEN MEMBERS, AND PROVIDING FOR THE DIRECT APPOINTMENT BY THE CITY COMMISSION OF THE ADDITIONAL SIX MEMBERS FOR TERMS OF FOUR YEARS AFTER INITIAL STAGGERED TERMS AS WELL AS THE DIRECT APPOINTMENT OF SUCCESSORS TO THE FIVE INCUMBENT BOARD MEMBERS FOR FOUR YEAR TERMS OF OFFICE; MORE PARTICULARLY AMENDING SUBSECTION (b) OF SAID SECTION; FURTHER CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL ELECTION TO BE HELD ON THE 6TH DAY OF SEPTEMBER, 1988 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; (d) at said election there was submitted to the qualified electors of the City of Miami, Florida, the following question: "Shall Charter Amendment No. 2 be adopted to provide for expansion of the membership of the "Off -Street Parking Board of the City of Miami" from five to eleven members, being appointed directly by the City Commission, with the new six members appointed for 4-year -2- r r terms after serving initial staggered terms and with the appointment of successors to the incumbent members for 4-year terms upon the expiration of their terms of office?"; (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 for the purpose of voting, the number of votes cast by qualified electors approving and the number of votes cast by qualified electors disapproving the question to provide for expansion of the membership of the "Off -Street Parking Board of the City of Miami" from five to eleven members, being appointed directly by the City Commission, with the new six members appointed for 4- year terms after serving initial staggered terms and with the appointment of successors to the incumbent members for 4-year terms upon expiration of their terms of office; ( f ) each qualified elector of the City of Miami was given the opportunity of voting for or against the provision for expansion of the membership of the "Off -Street Parking Board of the City of Miami" from five to eleven members, being appointed directly by the City Commission, with the new six members appointed for 4-year terms after serving initial staggered terms and with the appointment of successors to the incumbent members for 4-year terms upon expiration of their terms of office. Section 3. with respect to the question set forth above concerning said Resolution, it is hereby found and determined that 7,695 votes were cast by qualified electors in favor of the provision for expansion of the membership of the "Off -Street Parking Board of the City of Miami" from five to eleven members, being appointed directly by the City Commission, with the new six ___bars appointed for 4-year terms after serving initial staggered terms and with the appointment of successors to the incumbent members for 4-year terms upon expiration of their terms of office; that 14,932 votes were cast by qualified electors against the provision for expansion of the membership of the -3- "Off -Street Parking Board of the City of Miami" from five to eleven members, being appointed directly by the City Commission, with the new six members appointed for 4-year terms after serving initial staggered terms and with the appointment of successors to the incumbent members for 4-year terms upon expiration of their terms of office; and the Commission hereby declares and certifies that the 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 22.627 ; and that a majority of the votes on the question in said election in said voting precincts was not in favor of providing for expansion of the membership of the "Off -Street Parking Board of the City of Miami" from five to eleven members, being appointed directly by the City Commission, 'I with the new six members appointed for 4-year terms after serving initial staggered terms and with the appointment of successors to the incumbent members for 4-year terms upon expiration of their terms of office. PASSED AND ADOPTED this 6th day of ctober , 1988. XAVIER L. SU Z, MAYOR CITY CLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED AS TO FORM AND CORRECTNESSs A _1 n k JORGF L J FEIM CITY ATTORNEY RFCsBSS:M7 0 CERTIFICATION AND DECLARATION STATE OF FLORIDA ) COUNTY OF DADE ) CITY Of MIAMI ) I. I, NATTY HIRAI, City Clark 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 Special Election held on September 6, 1988 including the following Logic and Accuracy Tests: On September 2, 1988 commencing at approximately 9:00 A.M. the Dade County Supervisor of Elections had the automatic tabulating equipment based at the Elections Department and O.C.S.I.S. offices, at the Metro -Dade Center, tested to ascertain that the equipment would correctly count the precinct and absentee ballot votes cast for the measures. On September 6, 1988, commencing at approximately 5:00 P.M. the Dade County Supervisor of Elections had the tabulating equipment based at the Elections Department and O.C.S.I.S. offices at the Metro -Dade Center was once again tested to ascertain that the equipment would correctly count the precinct votes cast for the measures. At the completion of the precinct ballot count, the automatic tabulating equipment was again tested to ascertain that the equipment correctly counted the precinct votes cast for the measures. On September 7, 1988, commencing at approximately 9:00 A.M., the Dade County Supervisor of Elections had the tabulating equipment based at the Elections Department and O.C.S.I.S. offices, at the Metro -Dade Center, was tested to ascertain that the equipment would correctly count the absentee ballot votes cast for the measures. At the completion of the absentee ballot count, the automatic tabulating equipment was again tested to ascertain that the equipment correctly counted the absentee ballot votes cast for the measures. I do hereby further certify that all documents concerning these Logic and Accuracy Tests shoved the computer to be functioning correctly and are in the possession of the Supervisor of Elections of Metropolitan Dads County, under sealed vault. I further certify and declare that the results of the Special Election which was held on September 6, 1988 are as follows: s FINAL CUMULATIVE REPORT (86 Precincts Processed plus Absentees) CITY OF MIAMI SPECIAL ELECTION September 6, 1988 ELECTION RESULTS COUNT Total Registered Voters - Miami 107,421 Charter Amendment No. 1: Your year term of office for Mayor Ten 16,298 No 8,064 Total i Charter Amendment No. 2: Off -Street Parking board Membership Expansion Tao No Total Charter Amendment No. 3: Off -Street Parking board Counsel Tes No 24,362 7,695 14.932 22,627 11,120 10,417 PERCENT 66.901 33.10% 1002 34.01% 65.992 1002 51.632 48.372 Total 21,537 1002 II. POST ELECTION LOGIC AND ACCURACY TEST. I certify that the post -election Logic and Accuracy Test vhich vas conducted after all precincts had reported verified the i continued accuracy of the computer. III. PRE -ABSENTEE BALLOT TEST. I certify that the pre -Absentee Ballot Logic and Accuracy I Test vhich vas conducted on September 7, 1988 verified the continued accuracy of the computer. ` IV. ABSENTEE BALLOT COUNT. } CITY OF MIAMI SPECIAL ELECTION September 6, 1988 Total Registered Voters - Miami: 107,421 CUMULATIVE ABSENTEE REPORT: COUNT PERCENT Charter Amendment No. 1: four year torn of office for Mayor Yes Saa 60.742 No Sao 39. 26%� Total 966 1002 Charter Amendment No. Z: Off -Street Parking Board Membership Expension Too 266 No $51 65.01i° Total $37 100% V Charter Amendment No. 3s Off-street Parking board Counsel Yes No Total S10 S9.6Sx 34S 40.3Sx 855 1002 V. A. I further certify that there were 16,296 votes cast for approval of Charter Amendment No. 1 for four year term of office for Mayor appearing on the ballot in said Spacial Election and 6,064 votes cast against said question, and hereby declare that said question was approved by the electorate. B. I further certify that there were 7,695 votes cast for approval of Charter Amendment No. 2 for Off -Street Parking Board membership expanion appearing on the ballot in said Special Election and 14,932 votes cast against said question, and hereby declare that said question was disapproved by the electorate. C. I further certify that there were 11,120 votes cast for approval of Charter Amendment No. 3 for City Attorney to serve as counsel to the Off -Street Parking Board appearing on the ballot in said Special Election and 10,417 votes cast against said question, and hereby declare that said question was approved by the electorate. WITNESS MY HAND and the official Seal of the City of Miami, ,t Florida, this 14th day of September, 1988. ------------------- M ty Hirai City Clark Sworn to and subscribed before me this 14th day of September, 1988. sy via Lowm n Notary Public State of Florida My Commission Expiress April 29, 1991 3 MEMPOLITAN DADE COUNTY, FLORIDA VETRC OAOE CENTER 77 OFACE Of T"I *UPO 110" OF 11=1 0" MO = P. 0. 01>1�T sun nro MMnM, frww 2310". 41 In so* lei $THEFT WAMI. FL00110A 33110 IM? a* 27"M CERTIFICATION STATE OF FLORIDA) COUNTY OF DADE) I, David C. Leahy, Supervisor of Elections of Metropolitan Dade County, Florida, do hereby certify that the hereto attached is a true copy of the Certification of Logic and Accuracy Tests required by State Statute 101.5612(1) and performed on the tabulating equipment used in the processing of ballots cast in the September 6, 1988 City of Miami Special Election. I further certify that the hereto attached summary is a true and faithful copy of the results of the precinct and absentee ballot counts of the votes cast on the following CITY OF MIAMI QUESTIONS: 1. CHARTER AMENDMENT PROVIDING A FOUR YEAR TERM OF OFFICE FOR MIAMI MAYOR COMMENCING NOVEMBER 1989 2. CHARTER AMENDMENT RELATED TO OFF-STREET PARKING BOARD MEMBERSHIP EXPANSION 3. CHARTER AMENDMENT RELATED TO OFF-STREET PARKING BOARD COUNSEL WITNESS MY HAND AND OFFICIAL SEAL, AT MIAMI, DADE COUNTY, FLORIDA, ON THIS 9TH David C. Leahy Supervisor of Electi s DAY OF SEPTEMBER, 1988 Metropolitan Dade County, Florida SlamllEw Os vets last N/oe/OR ftRsl /RtwM*s O A ymis I as SPEC114. 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PRruNL1 102 K2 Pd*U KI 102 log ♦r Paw OIL f 1W Ua 61 • 0 {,VMwII�E KriA1 •lit IY'.tR#Lts •N/J1/iY Hltsl sMlNawY, mArt1M11SAf6 tW SitLIAL W:LI&U%$ Olt« SLV1EN41d to ISO# 034E CW10119 (LERIDA CGN11 ►LKIMT Clow a NIA141 wESTK,&S 64LIMAL< w1a s - pat"I to loll PRECINCTS CLi+NIf4, - NAMPI at IL4:.YC «IRNt - fwN WL" 1ERr files 01041 MAW& WE s I.&On 1 "090 NV O.Ort MIC 14;1AL 240362 NlAMt - OFF-S1REE1 Mwt1N4 80MC NEQOMSNIP EXPAUSION WE S l •i9 S 35.01 am 140932 6S.99 1N1AL 22 • t21 NIAN/ - OFF-61WEi M"06 WMG MASEL WE ll•t2c :1.�3 No `0.31 OCTAL tl•S31 C l 11► Of best N YN 1 - SUESS p"CINCIS CO1M11E0 - MEST Noma S 16b.8C R"Is IEItEO 101MRS - MfS1 r1M I I.323 &a"1S CAS - MEs1 PIMA KS 36034 MEst 014Ml - Sn" MLLC1 OLES1/0& WE s 64.24 #0 n t 35.4c 909AL ri 1 f cal lERGEMt 44, LU$ LAll#t 1t04.Al WC♦t AII$WU vA6E E3 " Gi/01/�11 Ft PSI iMlwAwr, &LArAF11344 alrl SFEaItL ELEL1Id161 �ti�l IM WILHELM to Iteb Cut CWATVO iLCMlj1 '�� Ltt� 1 F E iC EN t C1Ndri l�E0GEN1 - ' L/tr CF w/AN& W&U IOAS KEG/S JEwt[ 1014S - FJM I W 10i1 Ova"16M LAMBED - w/wl of 1c"a 4"m - FW/A mid AK T e 1 #u s. w! rl t IA ID # WE S 159110 •l.tS '; 1N 1.Nt IIEAMI -OFF-LTREEi RAIN( sma 1&MIASh11 fAps 1SIC& ME S NO 1 •A0co 14.361 34.00 tA.00 , IGTAL 21.19C IIEANJ - OFF- S tRE E I NAA IN6 ROARC aw KA. TIES 10.4IC 51.36 NU 10.012 44.10 TOTAL !0•"2 CSIV OF bESI 494M1 - SEWS va"IIKTS LMMITEA - rail Pima MAC REGISIAMIG WIGRS - *EST ♦am& 2�Rtt •ALLOTS GAST - NEST Pima Ol• 35.13 NEST MIAMT - SRAa EALLC3 C11ES1106 9ES O14 `f.ls W !it 34.84 WGTAL TJ4 Sv5 ( 'Jum I�MJIA IY[ iIE11Mf 09/01/84 HMSE MUTANT. M,AfANTISAN ICO SPECIAL ELELIILI6S Jet" -- St/TEMtER e. lNe• Lstl LtwgklV. FLU-IGS ow"� CLJN I vE�c W r 4.I1t Ld AIAMI WESTEt.0S rtGlSt�aS _ �� WN21 •EAMI - F"A TEAR INS• #OR MIME MYOO YE S me 4C.14 Mu 38C 3V.26 101AL 96 • GIAME - Uff-SflttEf PA"06 MARC ME11/IRSNIF EXVMISIGM YE S 206 34.11 All S91 A5.43 TOTAL el t MEAN - OffSIAEfT FAILKIML MARC COIIMSEL Yt S 51 C 59.6S VO 9*S ♦C.)S TUT At 951. CATY Of MLSI MAMA - SEYEfS va"INCTS comfEO - TEST &&ME i SO.00 AIEGISTNU VOTERS - UESI MIMI C •ALLOTS CAST - WEST MAMl 2i 0 HEST M9AA11 - SlItAA lALLCT "ST106 YES a 34.119 MD 1•. 65.22 IOTAL 23 WE AA COIMT YERCEW 4k 9 FIRST PRIMARY, NONPARTISAN AND SPECIAL ELECTIONS DADE COUNTY, FLORIDA SEPTEMBERS,1988 Public L&dc and Accuracy Test Cortlfication of the Precinct and Absentee Ballot Coup We, the undersigned County Court Judge, Member of the Board of County Commlasione-, and Supervisor of Elections, constituting the Board of County Canvass-- apppoointed to act during these elections, do, by our signatures hereto, certify that to the best of our knowledge: 1. On September 2, 1988, commencin at approximately 9:00 a.m., the Dade County Supervisor of Elections hal the tabulating equi ent 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 measures. 2. The undersigned compared the test results with the predetermined totals for each candidate and measure 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. 9. At the completion of this public logic and accuracy test, the verified logic and accuracy report It the program listing 01, BMX log 2, console log IV, JCL report ll, BMX tapes C�,, program tope m and test ballots with precinct header cards $, were pl ced in the custody of the Supervisor of Elections under seal numbers. c01 , Judge M4 Ukaber, Board of County Comidiesioners :S�"m . Supervisor of Elections Page 1 of 6 Pi Li IAWe and Accuracy Test Certification of the Pre- and Post- Precinct Ballot Count We, the undersigned members of the Dade County Canvassing Board appointed to act during these elections, do, by our signatures hereto, further certify that to the beast of our knowledge: 4. On September 6, 1988 eommencin at a)proximately 5:00 p.m., the Dade County Supervisor of klections h'U the tabulatin equipment based in the Elections Department and .C.S.I .S. offices at the Metro -Dade Center tested to aacertai equipment wil correctly count the precinct ballot votes cast for all candidates and measures. Seal numbers 631601 .used to secure the testing materials, were men in our presence and the contents were used following the procedures of paragraph (2), to complete this pre -count logic and accuracy test. b. At the completion of this pre -count logic and accuracy test., all precinct ballots cast were counted. Except as otherwise VL, ficall�r set forth and declared in this Certification, in our presence and sio ballot card was removed from or added to any ballot card container, Mlot card tray or other segregation of ballots, and no ballot card was in any manner altered or tampered with 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 ballot count, the automatic tabulating equipment was again tested to ascertain that the equipment correctly counted the precinct votes cast for all candidates and measures. 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 Q, were stored in card cabi`etundersea[ numbers_. QIU , , Z In a cabinet under seal number CS $15 G were stored the verified logic and accuracy report ID, the program Ii sting ®,BMX loll 1, console log go, JCL report BMX tapes ®, program tape ®, and under seal number the test ballots with precinct header cards ®. Page 2 of 6 0 0 il�ie}in for posted bad above. were pis the custody of tre Member, Hoard ofCouatq► Coeasi�iouas S"w'&. 2 K May Uperrioor otal"Me ti7f . 45 4 V We, the undersigned members of the Dade County Canvassing Board appointed to act during these elections, do, by our signatures hereto, further certify that to the best of our knowledge: •. On September 7, 1988 commencing at appproximately 9:00 a.m., the Dade Count Supervisor of klections had the tabulatin equipment based in the Blections Department and O.C.S.I.S. offices at the Metro -Dade Center tested to ascertain that the equipment will correctly count the absentee ballot votes cast for all candidates and measures. Seal numbers E361C used to secure the testing materials, were bro en in our presence— an e contents were used following the procedures of paragraph (2), to complete this pre -count logic and accuracy test. 9. At the completion of this pre -count logic and accuracy test, all absentee ballots cast were counted. Except as otherwise sppeecifically set forth and declared in this Certification, in our presence and sight, no ballot card was removed from or added to any ballot card container, ballot card tray or other segregation of ballots, and no ballot card was in any manner altered or tampered with by any person, and no person touched any ballot card container, ballot card tray or ballot card, except a person authorised to do so pursuant to Section 101.5614, Florida Statutes. 10. At the completion of the absentee ballot count, the automatic tabulating equipment was again tested to ascertain that the equipment correctly counted the absentee ballot votes cast for all candidates and measures. At the completion of this post -count logic and accuracy test, all voted ballots with their precinct header cards eg and duplicated anil spoiled ballots CO, were stored in card cabinets under seal numbers 6 31K 6 , In a cabinet under seal number 6 3 1 were stored the verified logic and accuracy report , the progristing MX log IQ, console I JCL report, BMX tapesprogram listing program tape N. an n under seal umber 3 , the test ballots with precinct header cards Z. Pace 4 of 6 " am All I sealed as "ason bod above, were placed in the custody of the Coustrosurtiodge ! � 2 Ct" OF MIAMI. FLORIDA INTER -OFFICE MEMORANDUM TO DATE hLE HONORABLE MEMBERS OF September 14, 1986 THE TY CCMMISSION fUOJECT Accoptasce_ of _spocial Citz_ of giami election ' Results - S_• teiber 6 rRON l9ee M TTY HIRAI City Clark ENCLOSURES A City of Miami Special Election was held on September 6, 1988. Official results art now complete. It is now in order for the City Commission to approve the City Clerk's Certification and Declaration of the Official Results of said election. Attached please find the following documents for Commission approval: (1) The City Clerk's Certification and Declaration of Official Results of the City of Miami Election held on September 6, 1988 for the following Charter Amendments: (1) 4-year term for Mayor: approved, (2) Off -Street Parking Board expansion: disapproved, and (3) City Attorney as counsel for Off -Street Parking Board: approved. (2) Resolutions officially accepting the City Clerk's certificate and declaration of election results. (3) Certification from Supervisor of Elections of Metropolitan Dade County attaching: (a) certification of logic and accuracy 'tests, and (b) summary of the results of the precinct and absentee ballot counts of the votes cast. MH:sl ENC: a/a {