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Legislation
Miami, FL 33133
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Ordinance
File Number: 09-00276a
Final action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO MUNICIPAL
ELECTIONS; CHANGING THE TUESDAY, NOVEMBER 10, 2009, CITY OF
MIAMI RUNOFF ELECTION TO TUESDAY, NOVEMBER 17, 2009, TO PROVIDE
THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS SUFFICIENT TIME
BETWEEN THE GENERAL AND RUN-OFF ELECTIONS TO ACCURATELY
PROGRAM VOTING MACHINES, PRINT AND TEST -RUN THE BALLOT, AND
PROVIDE SUFFICIENT TIME FOR PROCESSING ABSENTEE BALLOTING;
DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS
ORDINANCE TO THE MIAMI-DADE COUNTY MANAGER AND ELECTIONS
SUPERVISOR; CONTAINING A SEVERABILITY CLAUSE AND PROVIDING FOR
AN IMMEDIATE EFFECTIVE DATE.
WHEREAS, the Charter of the City of Miami, Florida, ("City Charter") Section 7 (hereinafter
"Section 7"), provides, inter alia,:
[a] general municipal election for the mayor and city commissioners shall be held on the
first Tuesday after the first Monday in November in odd -numbered years. A runoff
election for the mayor and city commissioners shall be held on the second Tuesday
after the first Monday in November in odd -numbered years...;
and
WHEREAS, pursuant to Section 7 of the City Charter, the 2009 Runoff Election is mandated to
be scheduled on November 10, 2009; and
WHEREAS, the Miami -Dade County Manager and Miami -Dade County Elections Department,
wish to facilitate orderly, mutually cost-effective and coordinated elections in Miami -Dade County's
municipalities and require a minimum of two weeks between the general and run-off elections to
accurately program voting machines, print and test -run the run-off election ballot, and provide
sufficient time for processing absentee balloting and have requested a substitute date of Tuesday,
November 17, 2009, for the holding of the November 2009 Runoff Election; and
and
WHEREAS, Section 100.3605(2), Florida Statutes (2008), provides:
(2) The governing body of a municipality may, by ordinance, change the dates for
qualifying and for the election of members of the governing body of the municipality and
provide for the orderly transition of office resulting from such date changes.;
WHEREAS, the City Commission, after careful consideration of this matter, deems it advisable
City of Mianu Page I of 2 Printed On: 5/4/2009
File Number: 09-00276a
and in the best interest of the general welfare of the City of Miami and its inhabitants to change the
date for the November 2009 Runoff Election as hereinafter set forth;
NOW, THEREFORE. BE IT ORDAINED BY THE COMMISSION OF THE CITY OF MIAMI,
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Ordinance are adopted by
reference and incorporated as if fully set forth in this Section.
Section 2. The Tuesday, November 10, 2009, City of Miami Runoff Election is changed to
Tuesday, November 17, 2009, to provide the Miami -Dade County Supervisor of Elections sufficient
time between the General and Run -Off Elections to accurately program voting machines, print and
test -run the ballot, and provide sufficient time for processing absentee balloting.
Section 3. The City Clerk is directed, upon the adoption of this Ordinance on second and final
reading, to notify the Miami -Dade County Elections Department of said change, and transmit certified
copies of this Ordinance to the Miami -Dade County Manager and Elections Supervisor.
Section 4. 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.
Section 5. This Ordinance shall become effective IMMEDIATELY after final reading and adoption
thereof.{1}
APPROVED AS TO FORM AND CORRECTNESS:
/r
JULIE 0. :-bJ
CITY ATTORNEY
Footnotes: •-
Footnotes:
{1} This Ordinance shall become effective as specified herein unless vetoed by the Mayor within
ten days from the date it was passed and adopted. if the Mayor vetoes this Ordinance, it shall
become effective immediately upon override of the veto by the City Commission or upon the
effective date stated herein, whichever is later.
City of Miami Page 2 of 2 Printed On: 5/4/2009