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HomeMy WebLinkAboutO-13258City of Miami Legislation Ordinance: 13258 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 11-00182 Final Action Date: 3/24/2011 AN ORDINANCE OF THE MIAMI CITY COMMISSION ADJUSTING MUNICIPAL ELECTION DATES AND QUALIFYING DATES AS FOLLOW: 1) CHANGING THE TUESDAY, NOVEMBER 8, 2011, CITY OF MIAMI GENERAL MUNICIPAL ELECTION TO TUESDAY, NOVEMBER 1, 2011, TO COINCIDE WITH THE HIALEAH, HOMESTEAD, AND MIAMI BEACH MUNICIPAL ELECTIONS TO OFFSET THE COST OF A STAND ALONE ELECTION FOR THE CITY OF MIAMI; 2) CHANGING THE QUALIFYING DATES FROM SEPTEMBER 9, 2011 THROUGH SEPTEMBER 24, 2011 TO AUGUST 26, 2011 THROUGH SEPTEMBER 10, 2011 AT 6 PM, AND 3) SETTING THE RUN-OFF ELECTION AS NOVEMBER 15, 2011, SHOULD A RUN-OFF BE NECESSARY; DIRECTING THE CITY CLERK TO TRANSMIT CERTIFIED COPIES OF THIS ORDINANCE TO THE MIAMI-DADE COUNTY MANAGER AND ELECTIONS SUPERVISOR; CONTAINING 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 alia,: [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 2011 General Municipal Election is mandated to be scheduled on November 8, 2011, with a Run-off to be scheduled November 15, 2011, 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, 2011, for the holding of the November 2011 General Election with a Run-off to be scheduled November 15, 2011; and WHEREAS, Section 100.3605(2), Florida Statutes, provides: 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 City of Miami Page 1 of 3 File Id: 11-00182 (Version: 1) Printed On: 10/2/2017 File Number: 11-00182 Enactment Number: 13258 and provide for the orderly transition of office resulting from such date changes; and WHEREAS, the qualifying dates from September 9, 2011 through September 24, 2011 are changed to August 26, 2011 through September 10, 2011, and the qualifying cut-off time on September 10, 2011, shall be 6 pm; and 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 2011 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, 2011, City of Miami General Municipal Election is changed to Tuesday, November 1, 2011, to coincide with the municipal elections being held by the cities of Hialeah, Homestead and Miami Beach, to avoid a stand alone election for the City of Miami. Section 3. The qualifying dates from September 9, 2011 through September 24, 2011 are changed to August 26, 2011 through September 10, 2011. The qualifying cut-off time on September 10, 2011, shall be 6 pm. Section 4. The Run-off election is further scheduled on November 15, 2011, should a Run-off be necessary. Section 5. 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 6. If any section, part of a section, paragraph, clause, phrase or word of this Ordinance is declared invalid, the remaining provisions of this Ordinance shall not be affected. Section 7. This Ordinance shall become effective immediately after final reading and adoption thereof.{1 } Footnotes: City of Miami Page 2 of 3 File Id: 11-00182 (Version: 1) Printed On: 10/2/2017 File Number: 11-00182 Enactment Number: 13258 {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 3 of 3 File Id: 11-00182 (Version: 1) Printed On: 10/2/2017