The URL can be used to link to this page

Home My WebLink AboutR-09-0513Vop City of Miami ' Legislation < U R �O Resolution: R-09-0513 File Number: 09-01338a 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, WITH ATTACHMENT(S), SCHEDULING A SPECIAL ELECTION TO FILL, SUBJECT TO DISPLACEMENT, THE OFFICE OF COMMISSIONER, DISTRICT NO. 5; 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, Michelle Spence -Jones was elected on November 3, 2009, to serve as a City Commissioner, for District 5, for the City of Miami, Florida; and WHEREAS, on November 12, 2009, an arrest warrant was issued in the Eleventh Judicial Circuit, Miami -Dade County, Florida, charging Michelle Spence -Jones with Grand Theft, second degree in violation of Section 812.014(2)(b), Florida Statutes; and WHEREAS, on November 13, 2009, Governor Crist signed attached Executive Order No. 09-248, suspending Michelle Spence -Jones from public office; and WHEREAS, pursuant to Section 12 of the Charter, a vacancy on the City Commission shall be filled within ten days after such vacancy occurs by a majority of the remaining City Commissioners; 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 possible displacement by Michelle Spence -Jones if Michelle Spence -Jones is restored to office pursuant to Section 112.51(6), Fla. Stat. (2009); and WHEREAS, the person who receives the greatest number of votes for this office in said 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 City of Miand Page I of 4 File Id. 09-01338a (Version: 1) Printed On: 7/7/2017 File Number: 09-01338a EnactmentNnmber: R-09-0513 by Michelle Spence -Jones' suspension; NOW, THEREFORE, BE IT RESOLVED BY THE COMMISSION OF THE CITY OF MIAMI, 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 5 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 5 special election holds office as of noon the day following the canvas of the vote and shall serve as a Commissioner of the City of Miami until 12:00 o'clock noon five days after the canvass of the vote and declaration of the result of the State of Florida general election to be held on November 2, 2010, subject to possible displacement by Michelle Spence -Jones if Michelle Spence -Jones is restored to office pursuant to Section 112.51(6), Fla. Stat. (2009). 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 City of Miand Page 2 of 4 File Id. 09-01338a (Version: 1) Printed On: 7/7/2017 File Number: 09-01338a EnactmentNnmber: R-09-0513 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 Computer Election System (CES). Section 9. (a) In compliance with Florida Statutes, the City Clerk is authorized and directed to publish notice of the adoption of the herein ordinance 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 GENERAL MUNICIPAL ELECTION IN THE CITY OF MIAMI, FLORIDA FOR TO ELECT A CITY COMMISSIONER TO THE OFFICE OF DISTRICT 5 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 5 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 FOR TO ELECT A CITY COMMISSIONER TO THE OFFICE OF DISTRICT 5 City of Miand Page 3 of 4 File Id. 09-01338a (Version: 1) Printed On: 7/7/2017 File Number: 09-01338a Vote for one (1) only: JANUARY 12, 2010 PRECINCT NO. DISTRICT 5 FOR COMMISSIONER (Names of Candidates) Enactment Number: R-09-0513 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. City of Miami Page 4 of 4 File Id. 09-01338a (Version: 1) Panted On: 7/7/2017