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HomeMy WebLinkAboutLegislationfb�k� 4a1 04. City of Miami Legislation Resolution City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 07-01251a Final Action Date: A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), MAKING PROVISIONS FOR HOLDING A SPECIAL MUNICIPAL ELECTION ON JANUARY 29, 2008, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE AT SAID ELECTION THE FOLLOWING STRAW BALLOT QUESTION, WHICH SHALL HAVE NO BINDING OR OBLIGATORY EFFECT, TO BE KNOWN AS STRAW BALLOT QUESTION NO. 1: " WOULD YOU SUPPORT A VOTER PETITION REQUESTING THE BOARD OF MIAMI-DADE COUNTY COMMISSIONERS TO ADOPT AN ORDINANCE THAT WOULD SUBMIT A PROPOSAL TO COUNTY VOTERS TO VOTE ON WHETHER OR NOT TO AMEND THE COUNTY CHARTER TO PROVIDE FOR THE ELECTION OF THE COUNTY PROPERTY APPRAISER, INSTEAD OF THE COUNTY MANAGER APPOINTING THE COUNTY PROPERTY APPRAISER?;" CALLING FOR AND PROVIDING THAT STRAW BALLOT QUESTION NO. 1 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL MUNICIPAL ELECTION TO BE HELD ON JANUARY 29,2008; DESIGNATING AND APPOINTING THE CITY CLERK AS THE OFFICIAL REPRESENTATIVE OF THE CITY COMMISSION WITH RESPECT TO THE USE OF VOTER REGISTRATION BOOKS AND RECORDS; PROVIDING FOR NOTICE; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN 45 DAYS PRIOR TO THE DATE OF SUCH SPECIAL MUNICIPAL ELECTION. WHEREAS, the City Commission wishes to call a special municipal election to be held on at which the electorate of the City of Miami would vote on a straw ballot question, which shall have no binding or obligatory effect regardless of the voters' approval or disapproval, relating to whether they would support a voter petition requesting the Board of Miami -Dade County Commissioners to adopt an ordinance that would submit a proposal to County voters to vote on whether or not to amend the County Charter to provide for the election of the County Property Appraiser, instead of the County Manager appointing the County Property Appraiser; 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 municipal election is called and directed to be held in the City of Miami, Florida, on January 29, 2008, from 7:00 A.M. until 7:00 P.M., for the purpose of submitting the following nonbinding, straw ballot question to the qualified electors of the City of Miami for their City of Miami Page 1 of 5 Printed On: 10/25/2007 File Number. 07-01251a approval or disapproval: "Would you support a voter petition requesting the Board of Miami -Dade County Commissioners to adopt an ordinance that would submit a proposal to County voters to vote on whether or not to amend the County Charter to provide for the election of the County Property Appraiser, instead of the County Manager appointing the County Property Appraiser? " Section 3. In accordance with the provisions of the City Charter and §5.03 of the Miami -Dade County Home Rule Charter, a Special Municipal Election is called and directed to be held in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M., on Tuesday, January 29, 2008, for the purpose of submitting to the qualified electors of the City of Miami for their approval or disapproval straw ballot question No. 1. Section 4. (a) In compliance with the Florida Election Code, 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 election is to be held, in newspaper(s) of general circulation in the City of Miami, Florida, which notice shall be substantially as set forth in the following form: NOTICE OF SPECIAL MUNICIPAL ELECTION TO AMEND THE CHARTER TO BE HELD ON TUESDAY, JANUARY 29, 2008 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. A Special Municipal Election will be held on Tuesday, January 29, 2008, from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several election precincts designated by the Board of County Commissioners of Miami -Dade County, Florida, as set forth herein, unless otherwise provided by law, and submitting to the qualified electors of the City of Miami, Florida, the following straw ballot question: "Would you support a voter petition requesting the Board of Miami -Dade County Commissioners to adopt an ordinance that would submit a proposal to County voters to vote on whether or not to amend the County Charter to provide for the election of the County Property Appraiser, instead of the County Manager appointing the County Property Appraiser? " By order of the Commission of the City of Miami, Florida. City Clerk A list of City of Miami polling places follows: City of Miami Page 2 of 5 Printed On: 10/25/2007 File Number: 07-01251a (Insert list of City of Miami Polling Places.) Section 5. The official ballot to be used at said Special Municipal Election shall be in full compliance with the Election Code of Florida with respect to absentee ballots and to the use of such voting machines as may be required by the Florida Election Code, and shall be in substantially the following form, to wit: "OFFICIAL BALLOT SPECIAL MUNICIPAL ELECTION TUESDAY, JANUARY 29, 2008 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING STRAW BALLOT QUESTION: Straw Ballot Question No. 1 Support for voter petition on whether to elect County Property Appraiser YES (For the Measure) NO (Against the Measure) 'Would you support a voter petition requesting the Board of Miami -Dade County Commissioners to adopt an ordinance that would submit a proposal to County voters to vote on whether or not to amend the County Charter to provide for the election of the County Property Appraiser, instead of the County Manager appointing the County Property Appraiser?" Section 6. The Special Municipal Election shall be held at the voting places in the precincts designated on Exhibit No. 1, or as may be designated by the Supervisor of Elections of Miami -Dade County, in conformity with the provisions of the Florida Election Code. Section 7. 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 of Elections of Miami -Dade County, in conformity with the provisions of the Florida Election Code, are 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 Precinct Election Clerks and Inspectors to serve at said polling places on said dates shall be designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purposes in accordance with the general laws of the State. Section 9. Persons who are qualified to vote in this Special Municipal Election and who have not City of Miami Page 3 of 5 Printed On: 10/25/2007 File Number. 07-01251a registered under the provisions of the Florida Election Code 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, may register at such branch offices as may be approved by the Supervisor of Elections of Miami -Dade County and at said Supervisor's office which will be open at the following location and during the following times: MIAMI-DADE COUNTY ELECTIONS DEPARTMENT 2700 Northwest 87th Ave, Doral, Florida Monday to Friday, inclusive: 8:00 A.M. - 5:00 P.M. Qualified persons may also register at branch offices and may also use any mobile registration van during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County. Section 10. PRISCILLA A. THOMPSON, the City Clerk of the City of Miami, Florida, is designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor of Elections of Miami -Dade County in relation to matters pertaining to the use of the registration books for the holding of the herein general municipal election and the herein runoff 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 the Special Municipal Election being called for herein. Section 12. All qualified electors of the City shall be permitted to vote in this Special Municipal Election and the Supervisor of Elections of Miami -Dade County is requested, authorized, and directed to fumish, at the cost and expense of the City of Miami, a list of all qualified electors residing in the City of Miami as shown by the registration books and records of the Office of said Supervisor of Elections and duly certify the same for delivery to and for use by the election officials designated to serve at the respective polling places in said election precincts. Section 13. The City Clerk is authorized and directed to cause a certified copy of this Resolution to be delivered to the Supervisor of Elections of Miami -Dade County not less than 45 days prior to the date of the Special Municipal Election pursuant to applicable law. Section 14. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.{2} APPROVED AS TO FORM AND CORRECTNESS: JORGE L. FERNANDEZ CITY ATTORNEY City of Miami Page 4 of 5 Printed On: 10/25/2007 File Number: 07-01251a Footnotes: {1} Words/and or figures stricken through shall be deleted. Underscored words and/or figures shall be added. The remaining provisions are now in effect and remain unchanged. Asterisks indicate omitted and unchanged material. {2} 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 5 of 5 Printed On: 10/25/2007