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HomeMy WebLinkAboutR-16-0350City of Miami Legislation Resolution: R-16-0350 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 16-01047 Final Action Date: 7/29/2016 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH AND SUBMITTING TO THE ELECTORATE A PROPOSED CHARTER AMENDMENT, AMENDING THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED, KNOWN AS CHARTER AMENDMENT NO. 2; AMENDING SECTION 7, ENTITLED "ELECTION OF CITY COMMISSIONERS AND MAYOR," TO CHANGE THE DATE OF A RUNOFF ELECTION FOR MAYOR AND CITY COMMISSIONER FROM THE SECOND TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER IN ODD -NUMBERED YEARS, TO THE THIRD TUESDAY AFTER THE FIRST MONDAY IN NOVEMBER; CALLING FOR AND PROVIDING THAT CHARTER AMENDMENT NO. 2 WILL BE SUBMITTED TO THE ELECTORATE AT THE SPECIAL ELECTION TO BE HELD ON NOVEMBER 8, 2016; 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; 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 ELECTION; PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. WHEREAS, the City of Miami ("City") was incorporated by the Florida Legislature in 1896 and operates pursuant to the Charter of the City of Miami, Florida ("Charter"); and WHEREAS, the Charter has been amended from time to time as the governance of the City has evolved; and WHEREAS, the City Commission established a Charter Review and Reform Committee ("Committee") in 2014 to conduct a comprehensive review of the Charter and propose amendments to the Charter; and WHEREAS, the Committee has held numerous public meetings, conducted a comprehensive review of the Charter, and has recommended that the Charter be streamlined, updated, and amended to meet the current needs of the City and its residents; and WHEREAS, on July 13, 2016, the Committee presented its final report and recommendations to the City Commission; and WHEREAS, the City Commission approved the Committee's proposed amendment to Section 7 of the Charter entitled, "Election of City Commissioners and Mayor," to change the date of a runoff election for Mayor and City Commissioner from the second Tuesday after the first Monday in November in odd -numbered years, to the third Tuesday after the first Monday in November; and WHEREAS, the City Commission directed the City Attorney to prepare an amendment to Section 7 of the Charter for consideration at the special election to be held on November 8, 2016; City of Miami Page 1 of 5 File Id: 16-01047 (Version: 2) Printed On: 5/18/2018 File Number: 16-01047 Enactment Number: R-16-0350 and WHEREAS, the proposed Charter Amendment is set forth in its final form in this Resolution; and WHEREAS, the proposed amendment shall be submitted to the electorate at the Special Election to be held on November 8, 2016, as called for and provided herein; 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. Section 7 of the Charter, entitled "Election of City Commissioners and Mayor," is proposed to be amended in the following particulars. {1} "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER 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 cccond third Tuesday after the first Monday in November in odd -numbered years. All elections held in said city shall be conducted and held according to the provisions of the general election laws of the State of Florida, except as otherwise provided for in the Charter. The name of any person qualified as provided in section 4 of this Charter shall be printed upon the ballot as a candidate for the office of mayor or city commissioner upon paying to the City of Miami the sum as prescribed by ordinance to be accepted by the city clerk as a qualifying fee along with the sum for election assessment as prescribed by state law during the qualifying period as prescribed in this Charter prior to the date of such general municipal election or special election to fill a vacancy. Any person qualified to run for mayor or city commissioner shall file an affidavit of candidacy in the form provided by the city clerk including his or her name, address, occupation and willingness to serve if elected, accompanied by the requisite documents and fees as provided in state law and section 7 of this Charter. An affidavit of candidacy shall be filed not earlier than 60 days and not later than 45 days prior to the date of the general municipal election or during the qualifying period for a special election to fill a vacancy. All such qualifying documents and fees shall be deposited with the city clerk no later than 6:00 pm. on the forty-fifth day prior to the general municipal election or the last day for qualifying in a special election to fill a vacancy." The Charter Amendment proposed in this Section shall be known as Charter Amendment No. 2. Section 3. In accordance with the provisions of the Charter, as amended, §6.03 of the Miami -Dade County Home Rule Charter, and Section 2-112 of the Code of the City of Miami, Florida ("City Code"), from 7:00 A.M. until 7:00 P.M., on Tuesday, November 8, 2016, a Special Election will be held for the purpose of submitting to the qualified electors of the City of Miami ("City") for their City of Miami Page 2 of 5 File Id: 16-01047 (Version: 2) Printed On: 5/18/2018 File Number: 16-01047 Enactment Number: R-16-0350 approval or disapproval the measure known as Charter Amendment No. 2. Section 4. The Special Election shall be held at the voting places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit No.1 or as may be designated by the Supervisor of Elections of Miami -Dade County, Florida, in conformity with the provisions of general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said Special Election date shall be those designated by the Supervisor of Elections of Miami -Dade County, Florida, for such purpose in accordance with the general laws of the State. A description of the registration books and records which pertain to Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Special Election is 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, Florida, in conformity with the laws of the State, 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 5. In compliance with Section 100.342, Florida Statutes, the City Clerk is authorized and directed to publish notice of the adoption of this 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 Special Election is to be held, in newspaper(s) of general circulation in the City, which notice shall be substantially in the following form: "NOTICE OF SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON TUESDAY, NOVEMBER 8, 2016 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-16-0350 A Special Election will be held on Tuesday, November 8, 2016 from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several Special 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 question: "Shall Section 7 of the Charter of the City of Miami, Florida be amended to require that a runoff election for Mayor and City Commissioner be held on the third Tuesday after the first Monday in November in odd -numbered years, rather than the second Tuesday after the first Monday in November?" Charter Amendment No. 2 will amend Section 7 of the Charter of the City of Miami, Florida entitled, "Election of City Commissioners and Mayor," by changing the date for holding a runoff election for City Commissioners and Mayor from the second Tuesday after the first Monday in November in odd -numbered years, to the third Tuesday after the first Monday in November." By order of the Commission of the City of Miami, Florida. City of Miami Page 3 of 5 File Id: 16-01047 (Version: 2) Printed On: 5/18/2018 File Number: 16-01047 Enactment Number: R-16-0350 City Clerk A list of City of Miami polling places follows: (Insert list of City of Miami Polling Places.) YES (For the Measure) NO (Against the Measure) Section 6. The official ballot to be used at said Special Election shall be in full compliance with the laws of the State with respect to absentee ballots and to use of the mechanical voting mechanics or the Computer Election System, and shall be in substantially the following form, to wit: "OFFICIAL BALLOT" SPECIAL ELECTION TUESDAY, NOVEMBER 8, 2016 FOR APPROVAL OR DISAPPROVAL OF THE FOLLOWING QUESTION: Charter Amendment Changing the Date for a Runoff Election for Mayor and City Commissioner YES NO (For the Measure) (Against the Measure) "Shall Section 7 of the Charter of the City of Miami, Florida be amended to require that a runoff election for Mayor and City Commissioner be held on the third Tuesday after the first Monday in November in odd -numbered years, rather than the second Tuesday after the first Monday in November?" Section 7. The form of the ballot shall be in accordance with requirements of general election laws. Electors desiring to vote in approval of the Question described above, shall be instructed to vote their selection next to the word "YES" within the ballot frame containing the statement relating to the Question. Electors desiring to vote to disapprove the Question shall be instructed to vote their selection next to the word "NO" within the ballot frame containing the statement relating to the Question. Once individuals are satisfied with their choice, they shall press the "Vote" button and the ballot shall be cast. City of Miami Page 4 of 5 File Id: 16-01047 (Version: 2) Printed On: 5/18/2018 File Number: 16-01047 Enactment Number: R-16-035 0 Section 8. The City Clerk shall cause to be prepared absentee ballots containing the Question set forth in Section 6 above for the use of absentee electors entitled to cast such ballots in said special election. Section 9. All qualified Electors of the City shall be permitted to vote in the Special Election and the Supervisor of Elections of Miami -Dade County, Florida, is requested, authorized, and directed to furnish, at the cost and expense of the City, a list of all qualified electors residing in the City 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 Special Election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said Special Election to be held on Tuesday, November 8, 2016, and who have not registered under the provisions of the general laws of the State and Chapter 16 of the Code of the City of Miami, Florida, or who have transferred their legal residence from one voting precinct to another in the City, they may register Monday through Friday, from 8:00 A.M. to 5:00 P.M. at the Miami -Dade County Elections Department located at 2700 Northwest 87th Avenue, Doral, Florida, within such period of time as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. In addition to the above place and times, qualified persons may register at such branch offices and may also use any mobile registration van for the purpose of registration in order to vote in the herein described Special Election during such times and on such dates as may be designated by the Supervisor of Elections of Miami -Dade County, Florida. Section 11. Todd B. Hannon, the City Clerk of the City, is designated and appointed as the official representative of the City Commission, in all transactions with the Supervisor of Elections of Miami -Dade County, Florida, related to matters pertaining to use of the registration books and holding of said Special Election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor of Elections of Miami -Dade County, Florida, not less than forty-five (45) days prior to the date of the Special Election. 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 (10) 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 File Id: 16-01047 (Version: 2) Printed On: 5/18/2018