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Ordinance: 13082
File Number: 09-00755
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 7/23/2009
AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO MUNICIPAL
ELECTIONS; CHANGING THE QUALIFYING TIME PERIOD FOR A SPECIAL
ELECTION FOR A DISTRICT COMMISSION SEAT THAT MAY BECOME VACANT IF
AN INCUMBENT COMMISSIONER RESIGNS TO RUN FOR THE OFFICE OF
MAYOR; ESTABLISHING THE EFFECTIVE DATE OF SAID RESIGNATION IN
ORDER TO ALLOW FOR A SPECIAL ELECTION AT THE SAME TIME AS THE
GENERAL MUNICIPAL ELECTION ON NOVEMBER 3, 2009; CONTAINING A
SEVERABILITY CLAUSE AND PROVIDING FOR AN IMMEDIATE EFFECTIVE
DATE.
WHEREAS, Section 100.3605(2), Florida Statutes (2008), provides:
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; and
WHEREAS, vacancies on the city commission caused by resignation are filled pursuant to
section 12 of the Charter of the City of Miami ("Charter"); and
WHEREAS, Section 12(a) of the Charter provides that a vacancy on the city commission or in
the office of mayor caused by the death, resignation, forfeiture or other action or causes shall be filled
within ten days after such vacancy occurs by a majority of the remaining commissioners; and
WHEREAS, Section 12(b) of the Charter provides that if the remaining city commissioners
shall fail or refuse to fill such vacancy within ten days after it occurs, the city commission shall call a
special election to fill the vacancy to be held at a date not less than thirty-eight or more than forty-five
days after the expiration of the ten-day period and the five-day qualifying period; and
WHEREAS, Section 12(b) of the Charter further provides that the qualifying period for such
special election shall be for the five days not including Saturday, Sunday, or legal holidays, before the
thirty-eighth day before the date of the election; and
WHEREAS, in the event that an incumbent commissioner resigns to run for the office of
mayor and the remaining commissioners fail or refuse to fill the vacancy after such resignation, the
calculation of the qualifying period mandated by Section 12(b) of the Charter prevents the City of
Miami ("City") from holding a special election to fill the vacancy on the same date as the general
municipal election scheduled for November 3, 2009; and
WHEREAS, it is in the best interest of the City to hold a special election on the same date as
the general municipal election on November 3, 2009 to fill the vacancy that may be caused in the
event of a resignation and the vacancy is not filled by appointment; and
City of Miand Page 1 of 2 File Id. 09-00755 (Version: 1) Printed On: 6/26/2017
File Number: 09-00755 Enactment Number: 13082
WHEREAS, the city commission, after taking into consideration the date of the scheduled
general municipal election, the requirements of Charter Section 12(b) related to the timing of special
municipal elections, and the requirements of the Miami -Dade County supervisor of elections
regarding receipt of the names of candidates to be placed on the ballots, has determined that to call a
special election to be held on the same date as the general municipal election, the effective date of
the incumbent commissioner's resignation must be September 4, 2009; and
WHEREAS, the city commission, after careful consideration of this matter, deems it advisable
and in the best interest of the general welfare of the City and its inhabitants to change the date for the
qualifying period, so that it is possible to hold a special election on November 3, 2009 to fill the
vacancy as described above;
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 qualifying time period for a special election for a district commission seat that
may become vacant if an incumbent commissioner resigns to run for the office of mayor, and such
resignation is effective on September 4th, 2009, is changed to be the five days from September 15,
2009 through September 19, 2009.
Section 3. This ordinance goes into operation if the remaining commissioners fail or refuse to
appoint a person to fill the vacancy caused by a resignation effective on September 4, 2009.
Section 4. The candidates for such election shall be qualified as provided in section 4 of the
Charter.
Section 5. The person who received the greatest number of votes for the office in such special
election is elected to fill the vacancy until the successor in office is elected and qualified at the State
of Florida general election in 2010.
Section 6. 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 7. This Ordinance shall become effective IMMEDIATELY after final reading and
adoption thereof.{1 }
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.
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