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HomeMy WebLinkAboutR-88-0874J-88-824 9/16/88 RESOLUTION NO. 88--N 74 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. 3) TO PROVIDE THAT THE CITY ATTORNEY SERVE AS GENERAL COUNSEL TO THE MIAMI OFF-STREET PARKING BOARD AND DEPARTMENT AND THAT SPECIAL COUNSEL TO THE BOARD AND DEPARTMENT AS DEEMED NECESSARY BY THE MIAMI CITY ATTORNEY BE APPROVED BY THE BOARD, CITY ATTORNEY AND CITY COMMISSION WAS APPROVED 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, 1986, in which the question of amending the City Charter to provide that the Miami City Attorney serve as General Counsel to the Off -Street Parking Board and Department and that any Special Counsel as deemed necessary by the City Attorney, be approved by the Board, City Attorney and City Commission was approved by the electorate. Section 2. The City Commission hereby declares: (a) with respect to said question of providing that the Miami City Attorney serve as General Counsel to the Off -Street Parking Board and Department and that any Special Counsel as deemed necessary by the City Attorney, be approved by the Board, City Attorney and City Commission, said election was duly called and properly held and notice thereof was duly given in accordance with law and Resolution mo. 88-535, adopted June 9, 1988, entitled: ATTACHMENTS CONTAINED CITY colug m xminid OF OCT 6 19" 1 "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. 3, THEREBY PROVIDING THAT THE CITY ATTORNEY SERVE AS GENERAL COUNSEL TO THE MIAMI OFF-STREET PARKING BOARD AND DEPARTMENT AND THAT SPECIAL COUNSEL TO THE BOARD AND DEPARTMENT AS DEEMED NECESSARY BY THE MIAMI CITY ATTORNEY BE APPROVED BY THE BOARD, CITY ATTORNEY AND CITY COMMISSION; MORE PARTICULARLY BY AMENDING SUBSECTION (f) AND RELETTERING OF EXISTING SUBSECTIONS (g), (h), (i) AND (j) OF SAID SECTION 23; 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. 3 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. 3 be adopted to provide that the Miami City Attorney serve as General Counsel to the Miami Off -Street Parking Board and Department and that all Special Counsel as deemed necessary by the City Attorney be approved by the Board, City Attorney and City Commission?"; (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 the question to provide that the Miami City Attorney serve as General Counsel to the Off -Street Parking Board 88-8'7'4 10 P and Department and that any Special Counsel as deemed necessary by the City Attorney, be approved by the Board, City Attorney and City Commission, and the number of votes cast by qualified electors disapproving the question to provide that the Miami City Attorney serve as General Counsel to the Off -Street Parking Board and Department and that any Special Counsel as deemed necessary by the City Attorney, be approved by the Board, City Attorney and City Commission; (f) each qualified elector of the City of Miami was given the opportunity of voting for or against the provision that the Miami City Attorney serve as General Counsel to the Off -Street Parking Board and Department and that any Special Counsel as deemed necessary by the City Attorney, be approved by the Board, City Attorney and City Commission. Section 3. With respect to the question set forth above concerning said Resolution, it is hereby found and determined that 11,120 votes were cast by qualified electors in favor of the provision that the Miami City Attorney serve as General Counsel to the Off -Street Parking Board and Department and that any Special Counsel as deemed necessary by the City Attorney, be approved by the Board, City Attorney and City Commission; that 10,417 votes were cast by qualified electors against the provision that the Miami City Attorney serve as General Counsel to the Off -Street Parking Board and Department and that any Special Counsel as deemed necessary by the City Attorney, be approved by the Board, City Attorney and City Commission; and the Commission hereby declares and certifies that the question of amending the City Charter was approved 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 21,537 ; and that a majority of the votes on the question in said election in said voting precincts was in favor of providing that the Miami City Attorney serve as General Counsel to the Off -Street Parking Board and Department and that r 91 any Special Counsel as deemed necessary by the City Attorney, be approved by the Board, City Attorney and City Commission. PASSED AND ADOPTED this 6th day of _ October , 1999. XAVIER L. SUPb, MAYOR ATTES MA HIRAI CITY CLERK PREPARED AND APPROVED B/Yt ROBE T F. CLARK CHIEF DEPUTY CITY ATTORNEY APPROVED4AF' RM AND CORRECTNESSt J RR EZCI A RFCsBSStN784 re s4. W CSRTITICATION 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, 1966 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, 1968, 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, 1966, 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 showed the computer to be functioning correctly and are in the possession of the Supervisor of Elections of Metropolitan Dade County, under sealed vault. I further certifyand declare that the results of the e Spacial Election which was held on September 6. 196$ are as followas 1 � i -. IP V FINAL CUMULATIVE REPORT (86 Precincts Processed plus Absentees) CITY OF MIAMI SPECIAL ELECTION September 6, 1988 ELECTION RESULTS COUNT PERCENT Total Registered Voters - Miami 107,421 Charter Amendment No. 1: Four year term of office for Mayor Yes 16,296 66.902 No 8,064 33.102 Total 24,362 1002 Charter Amendment No. 2: Off -Street Parking Board Membership Expansion Yes 7,695 34.012 No 14,932 65.99% Total 22,627 1002 Charter Amendment No. 3: Off -Street Parking Board Counsel Yes 11,120 51.632 No 10,417 48.372 Total 21,537 1002 II. 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. III. PRE -ABSENTEE BALLOT TEST. I certify that the pre -Absentee Ballot Logic and Accuracy Test which was conducted on September 7, 1988 verified the continued accuracy of the computer. IV. ABSENTEE BALLOT COUNT. a 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 term of office for Mayor i Tom 568 60.742 No 360 39.262 Total 968 loot Charter Amendment No. 2c Off -Street Parking Board Membership =xpaweios Too 286 34.171 No $51 6S.6ii �`s a ' 4 Total 637 t00% .ak: " Charter Amendment No. 3s Off -Street Parking Board Counsel 510 S9.6St Teo No 345 40.352 Total 655 loot V. A. I further certify that there were 16,298 votes cast for approval of Charter Amendment No. 1 for four year term of office for Mayor appearing on the ballot in said Special Election and 8,064 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 Amendmeat 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, Florida, this 14th day of September, 1988. ------------ M ty Hirai City Clerk Sworn to and subscribed before me this 14th day of September, 1988. iy via Low a a Notary Public state of Florida My Commission Expiress April 29, 1991 7 Ilk METROPOLITAN DADE COUNTY, FLORIDA `VETRO-DADE CENTER o cE o� T swEevMos o� t�EctaMt - - P. 0. s MU41 � o+o P. O. so h!!a� I I I N w let iT11EET Mom, FWW i M41MI Miami FLON DA "Imlou am sn"U 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 COMMMCING NOVEMBER 1989 2. CHARTER AMENDMENT RELATED TO OFF—STREET PARKING BOARD MEMBERSHIP EXPANSION 9. CHARTER AMENDMENT RELATED TO OFF—STREET PARKING BOARD COUNSEL WITNESS MY HAND AND OFFICIAL SEAL, AT MIAMI, DADE COUNTY, FLORIDA, ON THIS 9TH DAY OF SEPTEMBER, 1988 David C. 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AS MEUKI ass 21s tt fMKI Mc1 611 154 m • fNtUML1 6j2 226 11 fMKIMLI lot 100 me ft6{:1MLI i02 K2 •M fall MLI 101 1tt S• ftKI ML 1 FOG 112 61 tE VIM 0 • 1 MAP 'LuptL111If fEva 1 •11t fanA/Las �0/.II/i11 &IaS1 ibift"V, AAA1#ar1/SAA ew SPMA& titUAII&S OIiK SEPT&NUA to ISIG 0A" CLAAf t• I1LMIUS COM 1 ILMCEIIT Clow 4d JIIANI wfilsc&s 44CIiICAL& WICwS - ►ORI 10I421 MIL/MCTS LAAoUft4. - M0011 at IW.,A 41"1 - FL.W+ VLA& IHtr ma MIAMI MA1Ui we S 16.1l E M.YY Mu 8.664 U.LC ICIAL 24,362 •IAMI - 06-F-S tU E I ft" IwC & MC MEMMM SHIP EXPAM S IUM WE S 1 •hS 34.01 MV 149032 69.99 IVIAL 2204:21 Ml AMI - OFf -S T 0E E I FAMM 1/16 SOAOL COw SE L wee 11,912G :1.63 MO 100411 44e3? ICIAL 2l•!31 CITV OF MEit MIAMI - UbEEs PNEC/MCIS L0"110 - HEST AIAMI 1C40.06 ItE61i lb►E0 101'rAS - MISS r1AM1 2.323 •ALLOTS CAST - MESS r1AM1 Ni 36.38 WEST M 1AM 1 - SSR" r1,LCf OLf ST IOA VE S NE 64.20 #a 2T1 35.41C IOI" � 3 0 1 h R A 4"T penal � ,d+r: A ,J f R A .s - ' CUM1L&llVt 6*40LAl 6EFC#,1 04SEMit cSi411160 FIKt ibMabr. �Lt►•�iTtaau aW Sit�1aL tLEI.IW►a "ss1 to SEV/4:11411M b• ISti 6ftl CWAI1. 4CN31 FEaCHIt Lliv CF MIAOS will WOS NEi.ISItMtC WI6&S - PIMA WNsI [L11rCIS CCU%IED - MtoMI at IC"0 NtM441 - F "04A r t" I aR o, fus. Miami VA NOO WE S 150710 61.15 ON 106446 32.4% INIAL 21.314 N/AM/ - UFf-sfMEEI *A"&"& lu"O KaBERSb1/ EXPANSIC16 Ks :.wc 34.00 1*9381 ta.VC tNO o IGIAL 21019C 419"1 - OFF-s IRE E I ft" ING ID0 E QJIM SEL WES 10.e1C 91.3C at 109012 49.10 I OT AL J0 0"i Ciif GO, bESI MIAMI - sfilefs va"If1CIs CANIN ED - 11E11 //MI 4 ICC.00 RECISIENEO MITERS - HEST PIMA 2.i23 •AADIS CASI - I1E11 NIaNI sit 35.13 NESI NIAM1 - Swab EALLCI CKSIS006 TIES 414 is.ls IN ist 36.4/1 IOtaA. IJ4 F 1 1 ivS !. S1iY 11I1J1A IYC FEI�OMT N/Y►/i111 F1161 PRIMAKVo 0600ANT ISAU IUD SPECIAL E/EL I Ii.&S �K:H NM SCFIENtEN t. I+a11 LAEI LEvUIV* FLLMIUJ LI.Ja 1 PE11LIN I L/1Y 10 041AM1 LUESTWOS "giS1 1. I - clool 1Y1r2i rKtUg"Lla - 1 t 2.21 MlAMI - F1.1lk YEAR IMP FOR MIAMI PAVOR WE so$ 4c.14 mu illc 1v.26 101AL 96 • MIAMI - UFF-SIAEET ►AARIlls OWC NE1MERSMIF EIIPAIISIGk WE 266 34.11 to SS I 65.111 TOTAL 831 MIAMI - OFf S IAE f T ►AAR ING ROARO COUNSEL WE S 51 c 59.69 NJ 39b9 46.35 TUTAL K`. cliv OF (MLST MIAMI - SEMPS IAEGIMCIS COM CE0 - YESI MIAMI i 90.6c AEGISTEREL WIERS - YES1 014MI c •ALLOTS GAS! - WEST PJAM/ 2S • 6*SI MIAMI - Swab lALLCT QAESTIOA WE t a K.» NO is 65.22 10FAL 2i I ►AGE l! �t s� LINM1f PERCENT "`'^_: I /'� FIRST PRIMARY, NONPARTISAN AND SPECIAL ELECTIONS DADE COUNTY, FLORIDA SEPTEMBER S,1988 We, the undersijzed County Court Judge, Member of the Board of County Commissioners, and Supervisor of Elections, constituting the Board of County Canvassers appointed to act during then elections, do, by our signatures hereto, certify that "a bat of our knowledge: 1. On September 2, IM commencin at appproximately 0:00 a.m., the Dade County Supervisor of Elections haf the tabulatin 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 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 Ststutes, 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 K the program listing M, BMX log 01, console log , JCL report ®, BMX tapes Aprogram tope S and test ballots with precinct header cards JS were pl ced in the custody of the Supervisor of Elections under seal numbers 01 , Pap l 0(6 V.T I T 17 t t� . T i 7 .,' We, the undersigned members of the Dade County Canvassing Board a pointed to act during these elections, do, by our signatures hereto, further certify that to the best of our knowledge: 4. On September 6, 1968 commencin at a pproximately 5:00 p.m., the Dade County Supervisor of klections had the tsulatin 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 ballot votes cast for all candidates and measures. Seal numbers G3 16o1 `� . _ �"" ,used to secure the testing materials. were bro en in our presence and a contenta were used following the procedures of paragraph (2), to complete this pre -count logic and accuracy test. 6. At the completion of this pre -count logic and accuracy test., all precinct ballots cot were counted. Except as otheranse riot Reall set forth and declared in this Certification, in our presence and sio ballot card was removed from or added to any ballot card container, baard 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. 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 cut 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 p, were stored in card cabinets under seal numbers Vs S 4_. C SO-A.1 S-Sti!;16 , (SvsvC 3 , 16 Z Go In a cabinet under seal number�4 S' 4 were stored the verified lo*c and accuracy report IQ, the program listing ®, BMX log Z, console log Co. JUL r*portM BMX tapes ®, program tape M. and under seal number the tog ballots with precinct header cards ®. Pages 2 ores All it"u, sa►lod a dew bed &bone. wore placed is dw custody of the anpalmsor of llostiw. ,k V, M 'w h� r.. .. ,,.,fir �r`,�i.� t«, ..✓� E We, the undersigned members of the Dade County Canvassing Board appointed to act during these elections, do, by our signatures hereto, further certify t to the best of our knowledge: 8. On September 7, 198E oommencf at appprot3mately 9:00 a.m., the Dade County Sup�eervisor of klections bad the tabulatin 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 absentee ballot votes cast for all candidates and measures. Seal numbers CIO( used to secure the testing materials. were bro en in our presence and the 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 specifically set forth and declared in this Certification, in our presence and si t, no ballot card was removed from or added to any ballot card container, ba lot 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 trayy or ballot card, except a person authorised to do so pursuant to Section 1017 14, 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 IN and duplicated an spoiled ballots a, were stored in card cabinets under seal numbers , `3yS r, , Ina cabinet c under seal number 1 were stored the verified to e and accurareportBIdX tport V. the program � listing BMX log JW, console 1 , JCL the testballots with precinct header is M. undersea number 3 Pap 4 of b r /►11 _hd bed above, won pl000d In tie eoo�odr of do b 0waSjudp i } �Aq 4 } S z 4�r .a,e�,Y +� 3 CITY OF MIAM1. FLORIDA 114TER.OFFICE MEMORANOUM rO DATE VILE HONORABLE MEMBERS OF September 14, 1988 THE TY CC`9MISSION SUBJECT Acc�pt�ne�_ of nsial Citi_of Niasi_ Election • Results tea ber 6 -���1 l9es M TTY H IRA I ENCLOSURES City Clark A City of Miami Special Election was hold on September 6, 1988. Official results are 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, 198e for the following Charter Amendments: ( 1 ) 4-year tarm 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 INC: a/a