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HomeMy WebLinkAboutLegislation SRFile Number: 10-00727 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13168, ADOPTED MAY 13, 2010, CHANGING THE TIME TO QUALIFY FOR THE NOVEMBER 2, 2010 ELECTION FROM SEPTEMBER 3, 2010 THROUGH SEPTEMBER 18, 2010, AT 6 P.M. TO AUGUST 6, 2010 THROUGH AUGUST 21, 2010, AT 6 P.M.; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ADOPTION OF THIS ORDINANCE AND TO TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 13168, adopted May 13, 2010, the City Commission scheduled elections to fill the office of Commissioner District No. 1 and the office of Commissioner District No. 5, subject to displacement, setting November 2, 2010, as the date of such elections, and establishing September 3, 2010 through September 18, 2010 at 6 p.m. as the time to qualify therefor; and WHEREAS, the Miami -Dade County ("County") Supervisor of Elections has determined that the qualifying period referenced in Ordinance No. 13168 will not allow the County Elections Department to program and print the ballot in time for the Countywide/Statewide General election; and WHEREAS, the County Supervisor of Elections requires all items to be placed on the ballot, from all municipalities, to be sent to the County Elections Department before the Primary election scheduled for August 24, 2010; and WHEREAS, Section 100.3605(2), Florida Statutes (2009), 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"; 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 dates of Friday, August 6, 2010 through Saturday, August 21, 2010 are set as the qualifying dates for the November 2, 2010 Election. The qualifying cut-off time on August 21, 2010, shall be 6 p.m. Section 3. The City Clerk is hereby directed to transmit a certified copy of this Ordinance to the County Supervisor of Elections. City of Miami Page I of 2 File Id: 10-00727 (Version: 2) Printed On: 6/24/2010 City of Miami City Hall 3500 Pan American x Drive 'r .L..` ".... e4 Legislation Miami, FL 33133 www.miamigov.com Ordinance File Number: 10-00727 Final Action Date: AN ORDINANCE OF THE MIAMI CITY COMMISSION AMENDING ORDINANCE NO. 13168, ADOPTED MAY 13, 2010, CHANGING THE TIME TO QUALIFY FOR THE NOVEMBER 2, 2010 ELECTION FROM SEPTEMBER 3, 2010 THROUGH SEPTEMBER 18, 2010, AT 6 P.M. TO AUGUST 6, 2010 THROUGH AUGUST 21, 2010, AT 6 P.M.; DIRECTING THE CITY CLERK TO GIVE NOTICE OF THE ADOPTION OF THIS ORDINANCE AND TO TRANSMIT A CERTIFIED COPY TO THE MIAMI-DADE COUNTY SUPERVISOR OF ELECTIONS; CONTAINING A SEVERABILITY CLAUSE, AND PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, pursuant to Ordinance No. 13168, adopted May 13, 2010, the City Commission scheduled elections to fill the office of Commissioner District No. 1 and the office of Commissioner District No. 5, subject to displacement, setting November 2, 2010, as the date of such elections, and establishing September 3, 2010 through September 18, 2010 at 6 p.m. as the time to qualify therefor; and WHEREAS, the Miami -Dade County ("County") Supervisor of Elections has determined that the qualifying period referenced in Ordinance No. 13168 will not allow the County Elections Department to program and print the ballot in time for the Countywide/Statewide General election; and WHEREAS, the County Supervisor of Elections requires all items to be placed on the ballot, from all municipalities, to be sent to the County Elections Department before the Primary election scheduled for August 24, 2010; and WHEREAS, Section 100.3605(2), Florida Statutes (2009), 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"; 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 dates of Friday, August 6, 2010 through Saturday, August 21, 2010 are set as the qualifying dates for the November 2, 2010 Election. The qualifying cut-off time on August 21, 2010, shall be 6 p.m. Section 3. The City Clerk is hereby directed to transmit a certified copy of this Ordinance to the County Supervisor of Elections. City of Miami Page I of 2 File Id: 10-00727 (Version: 2) Printed On: 6/24/2010 File Number. 10-00727 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 upon its adoption and signature of the Mayor. APPROVED AS TO FORM AND CORRECTNESS; JULIE • ATTORNEYCITY City of Miami Page 2 of 2 File Id: 10-00727 (Version: 2) Printed On: 6/2412010