HomeMy WebLinkAboutR-09-0512Vop City of Miami
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Resolution: R-09-0512
File Number: 09-01336a
and
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.miamigov.com
Final Action Date: 11/25/2009
A RESOLUTION OF THE MIAMI CITY COMMISSION SCHEDULING A
SPECIAL ELECTION TO FILL, THE OFFICE OF COMMISSIONER,
DISTRICT NO. 1; SETTING JANUARY 12, 2010, AS THE DATE OF SUCH
ELECTION, AND ESTABLISHING NOVEMBER 30, 2009 THROUGH
DECEMBER 4, 2009, AT 6 P.M. AS THE TIME TO QUALIFY THEREFOR;
DESCRIBING PERSONS QUALIFIED TO VOTE IN SAID ELECTION;
DESCRIBING THE REGISTRATION BOOKS AND RECORDS TO BE USED
FOR THE ELECTION; DESIGNATING AND APPOINTING THE CITY
CLERK AS THE OFFICIAL REPRESENTATIVE WITH RESPECT TO THE
USE OF SUCH REGISTRATION BOOKS AND RECORDS; DIRECTING
THE CITY CLERK TO GIVE NOTICE OF THIS RESOLUTION'S ADOPTION
AND TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY
SUPERVISOR OF ELECTIONS
WHEREAS, Angel Gonzalez was serving as the Commissioner for District 1; and
WHEREAS, on November 16, 2009, Angel Gonzalez resigned as the Commissioner for District 1;
WHEREAS, pursuant to Section 12 of the Charter, a vacancy on the City Commission caused by
resignation, shall be filled within ten days after such vacancy occurs by a majority of the remaining
City Commissioners; and
WHEREAS, the City Commission does not wish to fill the vacancy by appointment; and
WHEREAS, Section 12 of the Charter further states that, if the remaining City Commission do not
fill the 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, such person elected pursuant to such special election would serve until November 2,
2010, State of Florida general election, subject to the resignation by Angel Gonzalez pursuant to
Section 12 of the Charter; and
WHEREAS, the person who receives the greatest number of votes in the special election is
elected to fill the vacancy until the election on November 2, 2010; and
WHEREAS, the City Commission wishes to call a special election to fill the vacancy created
by Angel Gonzalez's resignation;
NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI,
City of Miand Page I of 4 File Id. 09-01336a (Version: 1) Printed On: 7/7/2017
File Number: 09-01336a Enactment Number: R-09-0512
FLORIDA:
Section 1. The recitals and findings contained in the Preamble to this Resolution are adopted
by reference and incorporated as if fully set forth in this Section.
Section 2. A special election to fill the District 1 Commission office is scheduled and the date
of January 12, 2010, is set as the date of such special election.
Section 3. The dates of November 30, 2009 through December 4, 2009, are set as the
qualifying dates for said special election. The qualifying cut-off time on December 4, 2009, shall be 6
p.m.
Section 4. The candidate who shall receive the greatest number of votes in the District 1
special election shall serve as a Commissioner of the City of Miami from 12:00 o'clock noon of the
day after the canvass of the vote and the declaration of the result of the election.
Section 5. The Election Clerks and Inspectors to serve at said designated polling places on
said date shall be designated by the Supervisor of Elections for Miami -Dade County for such
purposes.
Section 6. For the purpose of enabling persons to register who are qualified to vote in said
elections and who have not registered under the provisions of the general laws of Florida and
Chapter 16 of the Code of the City of Miami, Florida, as amended, or who have transferred their legal
residence from one voting precinct to another voting precinct in the City, voter registration can be
accomplished at such permanent branch offices as may be approved by the Supervisor and at said
Supervisor's office which will be open during the following days and time:
MIAMI-DADE COUNTY ELECTIONS DEPARTMENT
2700 Northwest 87th Avenue, Doral, Florida
Monday to Friday, inclusive: 8 A.M. to 5 P.M.
In addition to the above, said qualified persons may register at branch offices and may
also use any mobile registration van for the purpose of registration in order to vote in the herein
described elections during such times and on such dates as may be designated by the Supervisor.
Section 7. Said elections shall be held at the voting places in the precincts designated by the
Supervisor, in conformity with the provisions of the general laws of the State. A description of the
registration books and records which pertain to election precincts wholly or partly within the City and
which the City is adopting and desires to use for holding such elections is as follows: All registration
cards, books, records and certificates pertaining to electors of the City and established and
maintained as official by the Supervisor, in conformity with the provisions of the general laws of the
State, are hereby adopted and declared to be, and shall hereafter be recognized and accepted, as
official registration cards, books, records and certificates of the City.
Section 8. The ballot to be used in said elections shall be so prepared that the names of the
qualified candidates will appear on said ballot in alphabetical order according to surname in each
group; provided however, that the ballot and its preparation shall comply with the laws of the State of
Florida with respect to absentee ballots, and to the use of mechanical voting machines or the
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File Number: 09-01336a
Computer Election System (CES).
Enactment Number: R-09-0512
Section 9. (a) In compliance with Florida Statutes, the City Clerk is authorized and directed to
publish notice of the adoption of the herein resolution and of the provisions hereof, at least twice,
once in the fifth week and once in the third week prior to the week in which the aforesaid elections are
to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notices shall be
substantially as set forth
in the following form:
NOTICE OF A SPECIAL MUNICIPAL ELECTION
IN THE CITY OF MIAMI, FLORIDA
TO ELECT A
CITY COMMISSIONER TO THE OFFICE OF
DISTRICT 1
TO BE HELD ON TUESDAY, JANUARY 12, 2010
PURSUANT TO RESOLUTION NO.
A special municipal election will be held on Tuesday, January 12, 2010, from 7
a.m. until 7 p.m., in the City of Miami, Florida, at the polling places in the
several election precincts designated by the Miami -Dade County Supervisor of
Elections, at which election the qualified electors participating therein will vote
to elect a City Commissioner to the Office of District 1 for the City of Miami,
Florida.
(b) The Election Clerks and Inspectors to serve at said polling places on
said dates shall be those designated by the Supervisor of Elections of Miami -Dade County for such
purpose. The registration books and records for the registration of persons qualified to vote in said
elections shall be those maintained by the Supervisor.
(c) The official ballot shall be in
substantially the following form, to wit:
OFFICIAL BALLOT
SPECIAL MUNICIPAL ELECTION
TO ELECT A
CITY COMMISSIONER TO THE OFFICE OF
DISTRICT 1
OF THE CITY OF MIAMI, FLORIDA
JANUARY 12, 2010
PRECINCT NO.
DISTRICT 1
FOR COMMISSIONER
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File Number: 09-01336a
Vote for one (1) only:
(Names of Candidates)
Enactment Number: R-09-0512
Section 10. PRISCILLA THOMPSON, the City Clerk of the City of Miami, Florida, or her duly
appointed successor, is hereby designated and appointed as the official representative of the
Commission of the City of Miami, Florida, in all transactions with the Supervisor in relation to matters
pertaining to the use of the registration books for the holding of the herein nonpartisan primary
election and the herein regular election.
Section 11. The City Clerk shall cause to be prepared absentee ballots for the use of absentee
electors entitled to cast such ballots in said elections.
Section 12. The City Clerk is hereby directed to transmit a certified copy of this Resolution to
the Miami -Dade County Supervisor of Elections.
Section 13. This Resolution shall become effective immediately upon its adoption and signature
of the Mayor.{1 }
Footnotes:
{1}If the Mayor does not sign this Resolution, it shall become effective at the end of ten calendar
days from the date it was passed and adopted. If the Mayor vetoes this Resolution, it shall
become effective immediately upon override of the veto by the City Commission.
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