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Home My WebLink AboutCC 1978-10-24 First Reading Ordinancesgg clebb ,0/24/78 ORDINANCE NO, AM EMERGENCY ORDINANCE AMENDING ORDINANCE NO6 8840, ADOPTED JULY 28, 1978, WHICH PROVIDED ?OR PROPOSED MIAMI CHARTER AMENDMENT NO, 1, TO BE SUBMITTED TO THE VOTERS ON NOVEMBER 7, 1978, WHEREBY THE CITY COMMISSION WOULD BE ENLARGED FROM FIVE TO NINE MEMBERS WITH THE FOUR ADDITIONAL CITY COMMISSIONERS TO BE ELECTED FROM FOUR DISTRICTS BEGINNING WITH THE 1979 REGULAR MUNICIPAL ELECTION, AND WHICH PROVIDED FOR A METHOD OF ESTABLISHING THE SAID DISTRICTS FOR A FOUR YEAR TERM OF OFFICE FOR SAID ADDITIONAL COMMISSIONERS BY ADDING IN SECTION 1 OF SAID ORDINANCE NO. 8840 THE PROVISION THAT THE ESTABLISHMENT OF THE DISTRICTS FROM WHICH THE ADDITIONAL FOUR MEMBERS ARE TO BE ELECTED BE SUCH THAT TO THE EXTENT POSSIBLE THE REQUIRED LOGICAL ARRANGEMENT OF SAID DISTRICTS IN A COMPACT GEOGRAPHIC PATTERN BE BASED ON THE MAINTENANCE OF HISTORIC NEIGHBORHOODS; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. - WHEREAS, on July 28th, 1978 the City Commission passed Ordinance No. 8840 for submission to the voters amending the City Charter to provide for an enlarged City Commission with four (4) additional members to be elected by district and which Ordinance also provided for a method of establishing the districts; and WHEREAS, the proposed charter amendment will not be submitted to the voters until Tuesday, November 7, 1978; and WHEREAS, in the matter of drawing the boundaries of the dis- tricts from which the additional four (4) Commissioners are to be elected, the City Commission wants to insure the voting rights of all individuals living in an area who have traditionally held common interests by reason of ethnic and cultural ties; and WHEREAS, these voting rights can be protected and strengthened by adding the following language to Ordinance No. 8840: "based on maintaining historic neighborhoods", thereby expressly making the maintenance of historic neighborhoods a factor in the creation of the new districts which are to be established under the new Ordinance No, 8840; Eire CO MI$S OH SING OF n 'T24 J NOW THEREDOt U, $E IT O1tEAtNEb fY TEE COMl<MISSIONE1 s or THE OP MIAMI, FLORI bA Section 1. Section 1 of Ordinance No, 8840, adopted July28, 19 8, entitled AN ORDINANCE SETTING FORTH A PROPOSED CHARTER AMENDMENT AMENDING SECTIONS 4(a), 4(b) AND 13(b) OF THE CHARTER OF TIIE CITY OF MIAMI TO PROVIDE FOR AN ENLARGED CITY COMMISSION FROM FIVE TO NINE MEMBERS IVITH THE FOUR ADDITIONAL CITY COMMISSIONERS 1'O BE ILECTEI) FROM FOUR DISTRICTS BEGINNING WITH THE 1979 REGULAR MUNICIPAL ELECTION; PROVIDING FOR A METHOD OF ESTABLISHING THE SAID DISTRICTS; PROVIDING FOR A FOUR YEAR TERM OF OFFICE FOR SAID ADDITIONAL COMMISSIONERS; SUBMITTING THE PROPOSED CHARTER AMENDMENT TO THE ELECTORS OF THE CITY OF MIAMI AT THE SPECIAL MUNICIPAL ELECTION OF OCTOBER 5, 1978*; PROVIDING THAT THIS CHARTER AMENDMENT SMALL BE REFERRED TO AS "PROPOSED MIAMI CHARTER AMENDMENT NO. 1"; CONTAINING A REPEALER PROVISION AND A SEVERABILITY CLAUSE. hereby amended to read as follows: Section I. The City Commission of the City of Miami .hereby submits the following proposed charter amendment for submission to the electors of the City of Miami at the Special Municipal Election of October 5, 1978*, to become effective upon its approval by the electors: CHARTER AMENDMENT NO. 1 Sections 4(a), 4(b) and 13(b) of the City of Miami ;Charter, Chapter 10847, Special Acts, Laws of Florida, 1925, as amended, are ij9/rehy further amended in the 'following particulars: — Section 4. Form of government. (a) General description. --The form of government of the City of Miami, Florida, provided for under this Charter shall be known as the 'Commission Manager Plan', and the commission shall consist of five-t5) nine (9) citizens, who are qualified voters of the city and; five (5) who shall he elected at large in manner — hereinafter provided:; four (4), who shall be elected by district in manner hereinafter provided. * * * •This date was subsequently changed to Tuesday, November 7, 1978 by the Supervisor of Elections of Dade County, Florida as authorized by Ordinance No. 8840. 1/ Words and/or figures stricken through shall be deleted, Under- scored words and/or figures constitute the amendment proposed. Remaining provisions are now in effect and remain unchanged. (b) Election of commission; teams of office; tdcall-- The commission shall consist of five dine members; five, who shall he elected from the city at large in groups numbered one through five; and four, who shall be elected from districts designated "A" tiro iT h "I)". One of the said commissioners elected at large sha11 l the mayor and shall be elected -by the people from the group to be numbered I and all persons desiring to qualify as candidate for mayor shall file in Group I. * * * All persons desiring to qualify for commissioners to be elected at large shall file in groups numbered II through V. All persons desiring to qualify for commissioners to be elected by district shall file in groups designated "A" through "D". * * *- Four (4) commissioners Ma11 be elected from one oTcach of four 4) districts designated "A", "B", "C" and--"D". Any person desiring to qualify for tTie office of commissioner electFd by district must be a resident of the designated -district in -Which he is seeking to qualify. The initial geographic boundaries of the four (4) districts", "C" and �-i1-D e shall b designated "A", "B-NIT IT led --by tThe city commission on or before . 1, 1979, bascf upon study and recommendations from the city manager and fhc director of file planning department. District boundaries shall Tie esta1il i_shed so that all distflcts arc as nearly equal in porililation and are arranged in a logical and -compact geografiliic ptern based on maintaining Historic ne70 ofhoods to` he extent possih1e. t61 months alter pub- lication of each official federal census of Dade County, the city commission shall review the _geographic bound- aries of_the__four (4) designated districts herein in order to insure that all districts are as nearly equal in population as practical. After the initial estab- lishment of the aforesaid districts, f ere llTe an election of The four C4-3 commissioners from the desig- nated districts at the regular municipal election in November, 1979. Commissioners elected from districts "A" and "B" shall —be elected first for a two (2) year term and thereafter for our CIT year terms. Commissioners elected from -districts "C" and "D" shall be elected first Tor a Tour (4) vear term and thereafter for four (4) year terms. * -* Vacancies sITIll be filled as provided in section 13(a) of the Charter of the City of Miami except that a vacancy occurring in the office of a commissioner elected by dist ict shall onlyTbe filled ETa person residing within the designated district w sere tihe vacancy arose. * * The words "based on maintaining historical neighborhoods" constitute the herein proposed amendment and are underlined twice for clarity. . caheies shall be filled as provided in section 13(a) of the Charter of the City of Miami except that a vacancy occurring in the office of a commissioner elected by district Mall only be filled by a person residing within the des mated district where the vacancy arose. * * * Section 13-B Election when terms of four eight or more commissioners expire simultaneously. Where the terms of four eight or more commissioners MI expire simultaneously at one general election then the number of commissioners required to constitute a m ;_ commission of five nine members shall be elected for mthe terms of office in accordance with the staggered NM formula prescribed by section 4 of tTie Charter of the m City of Miami." m they Section 2. All ordinances or parts of ordinances insofar as are inconsistent or in conflict with the provisions of this ordinance are hereby repealed. Section 3. If any section, phrase or word of this ordinance is declared invalid, the remaining provisions of this ordinance shall not be affected. Section 4. This Ordinance is hereby declared to be an emergency measure on the grounds of urgent public need for the preservation of peace, safety and property of the City of Miami and upon the further ground that the measure he passed prior to the November 7, 1978 special municipal election. Section 5. The requirement of reading this ordinance on separate days is hereby dispensed with by a vote of not less four -fifths of the members of the Commission. PASSED AND ADOPTED this part of section, paragraph, clause, day of RALPH-i G. ONGIE, CITY CLERK PREPARED AND APPROVE BY: ...-._. , v ‘ ROBERT F, CLARK ASSISTANT CITY ATTORNEY MAURICE A. FERRE, MAYOR APPROVED AS TO FORM AND CORRECTNESS: GE GE F. KNOX, C ATTORNEY