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File Number: 05-00539
City of Miami
Legislation
Ordinance
City Hall
3500 Pan American
Drive
Miami, FL 33133
www.ci.miami.fl.us
Final Action Date:
AN ORDINANCE OF THE MIAMI CITY COMMISSION RELATED TO MUNICIPAL
ELECTIONS; CHANGING THE TUESDAY, NOVEMBER 8, 2005, CITY OF MIAMI
GENERAL MUNICIPAL ELECTION TO TUESDAY, NOVEMBER 1, 2005, 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 REPEALER PROVISION, 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 aiia :
[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 2005 General Municipal Election is
mandated to be scheduled on November 8, 2005; 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 1, 2005, for the holding of the November 2005 General Election; and
WHEREAS, Section 100.3605(2), Florida Statutes (2002), 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.;
and
C1iy of Miami Page 1 of 2 Printed On: 5/31/2005
File Number: 05-00539
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 of Miami and its inhabitants to change the
date for the November 2005 General Municipal 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 8, 2005, City of Miami General Municipal Election is changed
to Tuesday, November 1, 2005, 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. All ordinances or parts of ordinances insofar as they are inconsistent or in conflict with
the provisions of this Ordinance are repealed.
Section 5. 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 6. This Ordinance shall become effective IMMEDIATELY after final reading and adoption
thereof.{1}
APPROVED AS TO FORM AND CORRECTNESS:'/
JORGE L.
CITY A TOR
RNANDE2
JEY
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: 5/31/2005