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HomeMy WebLinkAboutO-10148J-86-839 9/2:i/86 ORDINANCE NO, 0148 AN EMERGENCY ORDINANCE pROVIDING FOR A R80O CTION TO THIRTY DAYS IN THE REQUIRENENT THAT RESOLUTIONS CALLING FOR MUNICIPAL ELECTIONS EE ADOPTED FORTY-FIVE DAYS PRIOR TO THE DATE OF SUCH PROPOSED ELECTION WHERE THE BALLOT QUESTION AT SUCH ELECTION IS A "STRAW BALLOT QUESTION"; NAMELY, A QUESTION W14ICE4 HAS NO BINDING OR OBLIGATORY EFFECT REGARDLESS OF THE VOTERS' APPROVAL OR DISAPPROVAL OF SUCH QUESTION; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE, WHEREAS, there presently exists a requirement that resolutions calling for municipal elections be adopted forty-five days prior to the date of such proposed election; and WHEREAS, the forty-five day period is an unduly lengthy requirement in view of state laws and in view of existing City Charter provisions; and WHEREAS, the only scheduled election after November 4, 1986 occuring in Dade County is scheduled for November, 1987; NOW, THEREFORE, BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI, FLORIDA: Section 1. Notwithstanding any provision in the City Code to the contrary, a resolution calling for a municipal election where the ballot question at such proposed election is a "straw ballot question"; namely, a question which has no binding or obligatory effect regardless of the voters' approval or disapproval of such question, shall be adopted not less than thirty days prior to the date of such proposed election. 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or parts of ordinances insofar as they are inconsistent or in conflict with the provisions of this ordinance are hereby repealed.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. Seotion 4+ this ordinance is hereby dedlared to be an rounds of urgent public deed for the emergency measure on the gof the City preservation of peace, health, safety, and property of Mami. The requirement of reading this ordinance an Section 5. days is hereby dispensed with by an affirmative vote two separate Y ss than four -fifths of the members of the Commissions of not le Commission Section 6, it is the intention of the City • s of this ordinance shall become and be made a that the provision which f the Code of the City of Miami, Florida, as amended, part o renumbered or relettered and that the word provisions may be "ordinance" may be changed to "5eCtiOn", "article"r or other appropriate word to accomplish such intention. pp day of Se tember: ► PASSED AND ADOPTED THIS 25th 1986. ATTES' MAT HIRAI, CI�TyCLERK PREPARED AND APPROVED BY: ROBERT F. CLARK CHIEF DE CITY ATTORNEY APPROV D A 7TO FORM AND CORRECTNESS: LUCJA A. P"kj" CITY ATTORNEY RFC/bss • r:uni, hk�r��.i ' Qerk of the C ty of M• i, matts' Hire of Certify tilat (in t7U)'- - --t�1). J4. 19 .0 it'll, true luld correct CUP` Of tile s►lx)V►' c►r►lintlnee wu' rclst�'ci ,t tilt ,�na f�►tCn.Qiilfs 1 ( ►rovided cif tl�c l�►td�= CAMIlt C.►urt Nr,use ut the r t '� for ooti"4$ and P ulrli ati'.►zls py c�ttnchin�; s,z d c!)py t4 R 1 -lCe provid0l t1o'c i.w►*� 1it4 t) fICiAI S t Af 51lid