HomeMy WebLinkAboutO-08287DRii t.3?1ivC.`E WC).
8287
AN ORbitAF cr1 C'r'T Nr . )If'1'EI i\ PROPOSED
CFIARTt It A 1t ahME NT AMI':N1 iNG 'I`t ON 13-A
CITY'OP t•11Attt. CUAt:T6r (CHAPTER 1.0847,
SPECIAL ACTS OF P hOR'C I.3\ , AME;i';t)I•;I i)
FOR THE PURPOSE " 01? ('R0V1 D1 ±:;:, THAT 1 I
VACANCY OCCURS ON THE COt s it : S1 ON t>iii'ti '.'!rC'ACY
SILALL ONLY F3I: FILLED BY AN APPOINTMENT FOR A
ISERIOf OF TIME Tr RPiI t"A'i`I t ry, AT SUCH TIME
sow VACANCY I S FILLED.AS THE RESULT OF:AN
ELECTION titLD AT EI'rHER (1) THE: r)I)t? Y IsAR CITY
OF MIAMI GENERAL ELECTION -AT WHICH.,ELECTION 'rtiE.
MA4VOR AND TWO COMMISSIONERS ARE ELECTED, OR (2)
TtiE EVEN YEAR, STATE. of FLORT r \ , C,ENrRAL ELECTION
AT.WRICH ELECTION NATIONAL, STATE AND COUNTY.
OFFICES ARE FILLED, WHICHEVER IS,HELD FIRST;
AND SUBMITTING SAME- TO.' T't-IE ELECTORS OF THE
CITY OF MIAMI IN `I`ff NOVEMBER . 5 , . 1974 STATE
OF i''LORIDA . AND DADE COUNTY GENERAL ,ELECTION;
PROVIDING THAT THIS PROPOSED CHARTER' AMEND 4ENT
SHALL BE REFERRED TO. AS PROPOSED CHARTER
AMENDMENT" :NO .. 4 ; REPEALING ALL ORDI NANCES CODE
SECTIONS OR PARTS THEREOF T N CONFLICT , INSOFAR
AS THEY ARE IN :CONFLICT; CONTAINING A . SEVERABILTT\'
PROVISION;' DECLARING Tins ORDINANCE TC) GE. AN
EMERGENCY ME1,SURE; DISPENSING "WITH THE" iu QU.IRE-
2•IENT OF READING THE SAME ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS TITAN FOUR -FIFTHS . OF THEMEMBERS OF THE Co;ii4TSSION
WHEREAS, it is the desire of the , Commission of the
City -of Miami to submit a Charter Amendment .to
of -the City of Miami, Florida for the .purposes
the electors
stated in
Section 1 of this ordinance;
NOW, THERE; ORE, BE IT ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The City Commission of the City of Miami.
hereby submits the following proposed Charter Amnencdment for
:submission to the electors of the City of Miami at the
November .5, 1974 State of Florida and Dade County General
Election, to become effective December 1, 1974;
Fir C:' t.R __Ai+ Ni)18fiT _ _b
Section 11�A of ;the City of Miami. Charter, chapter i0S4
Special Acts, taws of rloti.da, 1925, as tended Or supplemented
is hereby amended to read as follows:
Sec, 13.,A• tilling Vacancies in commission,
A Vacancy on the cotn*nission caused by
death, resignation, or other causes .shall
be filled within ten (10) days after such
Vacancy occurs by a majority of the remain-
ing commissioners and the term of office of
the person so appointed shall .b2 until his
successors in office are elected and
qualified at O.) either the odd year first
general election for commissioners held
pursuant to section 4 of the charter of the
City of Miami
or (2) the even
year State. of Florida General Slection, at
which election National, State and County
offices are filled, whichever occurs first.
In the event that the remaining commissioners
shall fail or refuse to fill siich vacancy
within ten (10) days after it occurs, as pro-
vided herein,then, and in that event, the
city commission shall call a special election
to be held at a date not less than thirty (30)
or more than forty --five (45) days after the
expiration of the said 10-day period, for the
purpose of the electors selecting such com-
missioner c;r commissioners. The person who
receives the greatest number of votes in said
special election is elected and shall be the
city commissioner and his term of office shall
be until his or her successor in office is
elected and qualified at the first general
election for commissioners held pursuant to
section 4 of the Charter of the City of Miami
subsequent to the special election held to
fill such vacancy.
more than one such vacancy
:::rn. t'i:: cummissior, then, and in that event, the
person or persons receiving the highest number
of votes in such election shall be the city
commissioner or, commissioners.
In the event the commissioner's shall fail to
comply with their duties as set forth herein,
then, and in that event, the court is hereby
empowered and authorized to enforce compliance
with this Act or to call an election itself to
fill such vacancy or vacancies on the commission,
ScctiOn 2 t IL is r er;tiest0d that this 0pesoci
Chatter AiiendM nt tie stzbmi.tted to the-oloetetn of the City of
niami in the following or substarlt_.ally tho following Corm:
Shall Section 1341 , of the City of Miami:
Charter be amended for the purpose.: of
providing that i.f a vacancy_ occurs on
the -commission such vacancy sha11 on.l.y
be filled by an appointment fora: period
of time, terminating atsuch time such
vacancy is filled as the ,result of an
election held at either (1) the odd year,
City.of Miami General Election at which'
election the Mayor and two commissioners
are elected, or (2) the even year, State
,of Florida General'Election.at which election
National, State and County offices are filled;
whichever is held first.
Section 3. The ,Board of County Commissioners of
Metropolitan Dade County is requested to submit this proposed,
Charter Amendment to the electors:of the City of Miami at the
November 5, 1974', State of Florida and Dade County General'
.Election.
Section 4. The Supervisor of Elections, Metropolitan
Dade County,. is requested to provide the assistance necessary to
properly submit this Charter. Amendment to.the electors of the
City of Miami. The registration of persons qualified to vote
for'or against this proposed Charter Amendment, the list of
.polling places in the applicable precincts; the names of those
persons designated and assigned to serve as clerks of election
and as inspectors of election, and the form of ballot to be
used (prepared .in compliance with all statutory requirements'
relating to the use of mechanical voting machines) shell be as
in the :records of, as provided, designated, assigned,
Etilf:t...4•"1;411
btouty CLERKS
t2A4MOHb L t ooFi6
kotttOt NokRii
'Qv of
taint,
tip (! tttf t lrrl
tittt mall
t1ti 1a►t Aitttritdtt th-tot,
lttitiitti, +flittii is
July 22 a 1J 4.
Mr, i13,4aL'd P ie1.on, Deputy C1ei: ;
13oarL1 of C:ol nLy .Com.al.s ionets
Daf12 County Cotirfhoua:? Room 2009
Mia ti, Fioritxa
''')nat nt, Phelan,
H. b; SOUTHERN
Gi rw CLirnK
tIALPH G. ()Holt
AsstsiANT CITY CLERK
,At. {heriogt eat of the Cri.t:it, ,C;oitlll3. SL.don ofMiami,
Cilo1o.3Cd, herewith i, one -certi it2C Copy each of.Ordinancer
3234,- 8223, 9 237, `3233 and 3230.
Yours truly
JI.D.Southtt n
City clerk
4frCt. r y .
1'
•
bt.rh.ltY CLERKS
FRMMMoNb 1, Moonl
Iiontat NoFuns
l . ` 'aunt, Iui4tn
Offire of tltr t ttf C trt°k
Littt Watt
Jt1ii Pau Autttlitut brute;
ititttuti, :flatrtLt At
truly n #1974
Mt. Ed-iai0 1?holtn,, Deputy Cl.e):k
13otir'ti of County Coirmis'Aionetti,
Dada County Cour•thou:A* Room 2009
I9iam% , i lbritia
DnaL Mt. Ph l'an,
At ' o rogtitat of thw .City, Comiis iori oi' Miami
enclosea hereoith i:i one' ct?rti2ied copy oach o OticUniinces
3284; 8235, 3237,' 8233 ani 3239.
H. b; SritlTHEi�N.
ttr4 CLtnrc
FRALPH ca of.iblE..
AssrtANt eft* CLERK
Yours truly
H..SoutheLn
city C1ex1c
1IDS;'rn . 1��.��
enca 3y / ��
or established by the SU iei-visor of Elections,, Metropolitan
Dade Couhtys The CiLy of Mitt:iti Cite' Clerk is hereby do i.c ;tatod
aas the off ic:ial r epreseniati vc of the city of Miami t:i. ty
Commission it all transactions with the Supervisor of
Elections, Metropolitan Made County in relation to matters
' pertaining" to the use of recli.stratiOn : books, records and for
all purposes in connection with said clection',,
Section' 5. The City Clerk is hereby aut.hori2ed and
directed to give notice of the adoption of this ordinance
and of the provisions thereof by and through ,the publication
)pro=priate advertisement in two daily newspapers of
general circulation in the City of Miami at least thirty days
before the day said election is to be held.
Secti-on'6. A11 ordinances,:code sections or parts
thereof in conflict herewith, insofar as they -are rep in Conflict,
are--. hereby repealed.
Section'7. If any section, sentence, clause, phrase,
o. word of this ordinance is for any reason held cr declared
to. be unconstitutional, inoperative or void, such holding or.
a:nvali.dity shall not affect the remaining 'portions of this
ordinance: and it shall be construed to have been the intent
of the Commission of the City of Miaini.to pass this'ordinance,
wi,Lhout such unconstitutional., invalid, or inoperative: part
therein; and the remainder of this ordinance, after the
exclnsion of such part or parts shall be deemed and held to
be valid as if such parts had not been included therein.
Section 8, This ordinance is hereby declared to be
an emergency measure on the grounds of urgent public need for
the .,rcacrvation of peace, hoaa.th, safety and property in the
City of Miami,
MIAMI REVIEW',
ANB bAtL% fi€cok
Putti3h6ti bnily tt;cept Saturday, Sunilny aid
• Lode holidays
Alinid, bade 'County; Florida.
§tATt. §t.'L6nibA
COON' y OF DADE: •
•
• rreiaesrshoaaati(ssetataeSnpeaedt. L. James, ohayhl
IS Vice•President of the. Miami Review end Daily
Record, ti daily. (except Saturday, Sunday and Legal
Holidays). heWspaper, published at Miami In. Dade
Cbtrnty, Florida: that the attached copy of tidriertise•
Mont,being a Legal Advertisement or Notice iri the
matter of .
C. tY fJf...; iatta1..,r ,A i ,1
OkblNMICL NO. 8287
In the 5t5tX Court,
Was published in said Newspaper in the issues of
July 17, 1974
Affiant further says that the. said Miami Riteview
and Dairy Record is a newspaper published at Miami,
In said Dade County, Florida, and that the said news•
paper has heretofore been continuously published in
said Dade County Florida, each day (except Saturday,
Sunday and Legal Holidays) and has been entered as
Second class mall matter et the post office in Miami,
in said Dade County. Florida, for a period of one year
Next preceding the first publication of the attached
copy of advertisement: and affiant further says that
he has neither, paid nor. promised any person, firm
or corporation any discount, rebate, commission or
refund for the purpose of Securing this advertisement
for publication in ttre'lisid~niwsi>&per.
sworn Ito `end., Subscti 4 .5 a me this
• i%t�l d y efa ....:Ju \) .... ..t'A.13 19 74
(.lrtariotie •
T Smitth
• gtaty rubiic, t5tatQb-f Florida at Largo.
(SEAL)
My Commission expTt7e 8D*ert+berr 1, 1977.•
t't1' tH•• �tt.tili,
i)AI)ti t'tti;N1.14 t l.t)Itti)A
All lntricsted 1vi1i take hr.tl
t,•nt -en'. the 1tth .tini• of .1uir.
.1974 the C.uhhrip Lion of theCity
t,t hits iti,'.. Florida ' ndopibd an
arttintntee entitled
AN` ORDINANCE SPTTiN':
F; flT11 ' A •PROINIAEtr
• c11M TEtt A11 ES bMI ENT
aA'\t.Etbl%GSECTION` MA, •
OPTHE CITYOF;:MrAM1
CHARTER • 1C It A T' T E'R ., .
1i 47,' SPECIAL 'ACTS oF•
FLORIDA: 1625.4AS AMEXD-
EL`1 FOR THE 1't RPOSI:
CF' PROVIDING -TI(Ar Ih'
A �`:LG.1iC.Y OCCt;RS C.;X
THE' CC M MtS:IC1X :4I'1-it
VACANCY SHALL • ONLY
• BE FILLED _,BY AX .\P-
p' I X 1''JI 1.1 N T' FOR- A
PEPICD .OF TIME TER
MINAT:XR AT SLCII TTA1E
Stilt V.1:7ANCY, t:S
ED AS THE RESt:LT
AN ELECTION HELD AT
EITHER f11 THE 01:D
YEAR ' CITY OF • MiAMI
GEC F Tt L ELECTION AT •
T1Ie" IF ET.F.CTION TITE
V AY*'..1 AND TWO r COM--
S11rc7. S ARE .ELF' T-
ED. OR •421 THE . EVER
YEAR. STATE OF F1.rm-
I D:A OFNERAL T'nX
AT W?71.C1I E1 1•::^TlC
T;r'r,.'.L STATE X 7..
HELD FIRST: > j C13-
11ITTIXC: •SAME TO Ti
EiECTtriia OF T11E •
OF. MiA5t1• IN •'1111•: '\O-
VE•7:t1iER 5. 1914 WPM 1- or,
TIGS'; 1 R<)VIDISG 1'lt.\T
T114 11tOPG)=D.
TER A!IE:tDNIENT SHALL
BE: PRE F/AIR1ir, • Tt., AS
/I:01CSEU C11AIt'1'EIt •
AMENDMENT NO.. 4: Ill,-
PEAL1NC ALL GRDI-
1:\:\c:E3:. CODE SECTIONS..:_
GR,'PART. 'TIIERECF'1NT
Ci.X1,1.:ZT: • 1N 0FAH AS
THEY ARE. IN CONFLICT;
. '0,,,\TL"1XG,.. A"'SEVER'
JB1L:TY PROVISICV:
CLARING TIiiS+: :O1tDI-
\AN:""- 70.:.'- 2E ., •-A:N'
EMMERGENCY.., MEASURE:
Til P1 XSI\G' WITH. ',•THE
1:Et;t":P.E.1ENT OF REMI-
'1NG 711E: SAaIE ON-TW.3.•,.
SE:=AR:4T ?-'LAYS'". RY" A -
VOTE L.:' NOT 'LES3 THAN
FCUR• ::!ETHS • . t b. THE
-MEMBERS ' OF THE ' CCMt•,;;
wl.ir •+-.'s' designated 0r'4lin'n, a
VA.?.
7r. D. SOUTHERN .
• CITY CLERK •
•.' CITY OF MIAMI,
- FLORIRA'
Pub:leatinn of titif notice r.n
t1� 171h tiny u( July, 1074.•
i/17 • 79C6
E E G 1 i3 NOT G i
Ail int,arestdd will take not od that on thJ 11tst ' day
of July)1974 tLhi4 Cor-1issio`_t b ;th! .city of i`ila::tL, F 1oric.a
adop,..td a i Ordinanrrc tit1 d
AN ORDINANCE SE`Z'TING FORTH A PROPOSED
CHARTER AMENDMENT AMENDING SECTION 13=A
OF TiE CITY OF MIAMI CHARTER (Cii\PTER 10847,
SPECIAL ACTS OF FLORIDA, 1925, AS AMENDED)
FOR THE PURPOSE .OF PROVIDING. THAT IF A
VACANCY OCCURS ON THE COMMISSION SUCH VACANCY
SHALL ONLY BE FILLED BY AN APPOINTMENT FOR A
PERIOD. OF TIME TERMINATING AT SUCH TIME
'SUCH VACANCY IS FILLED AS TaE RESULT OF AN
ELECTION FOLD AT EITHER (1) THE ODD YEAR CITY
OF MIAMI GENERAL ELECTION AT WHICH ELECTION THE
MAYOR AND TWO COMMISSIONERS ARE ELECTED,, OR (2)
THE EVE YEAR, STATE OF FLORIDA GENERAL ELECTION
AT WHICH ELECTION NATIONAL, STATE AND COUNTY
OFFICES ARE FILLED, WHICHEVER IS HELD FIRST;
AND SUBMITTING SAME TO THE ELECTORS OF THE
CITY OF MIAMI IN THE NOVEMBER 5, 1974 STATE
OF FLORIDA AND DAD E COUNTY GENERAL ELECTION;
PROVIDING THAT THIS PROPOSED CARTER AMENDMENT
• .SHALL BE REFERRED TO AS PROPOSED CHARTER
AMENDMENT NO. 4 ; REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN`CONFLICT, .INSOFAR
AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY
PROVISION; DECLARING THIS ORDINANCE TO BE AN
EMERGENCY MEASURE DISPENSING WITH THE REQUIRE-
MENT OF READING THE SAME ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF THE COMMISSION.
which is dta.;ignated Ordinance No. 3287.
.D. SOUTI RN
CITY CLERK'
CITY 0? FLORIDA
r..
MC:eb
27-Em4
ORbI NANCE NO s_ Ram
AN ORDINANCE SETTING FORTH A PROPOSED
CHARTER AMENDMENT AMENDING SECTION 13-A
OP THE CITY OF MIAMI CHARTER (CHAPTER 108471
SPECIAL ACTS OF FLOR1bA, 1925, AS AMENDED)
FOR THE PURPOSE OF PROVIDING.TIAT IF A
VACANCY OCCURs oN THE COMMISSION SUCH VACANCY
SHALL ONLY BE FILLED BY AN APPOINTMENT ?OR A
PERT Ob OF TIME TERMINATING AT SUCH TIME
SUCH VACANCY IS FILLED AS THE RESULT OF AN
ELECTION HELD AT EITHER (1) THE ODD YEAR CITY
OF MIAMI GENERAL ELECTION AT WHICH ELECTION THE
MAYOR AND TWO COMMISSIONERS ARE ELECTED OR (2)
THE EVEN YEAR, STATE OF FLORIDA GENERAL ELECTION
AT WHICH ELECTION NATIONAL, STATE AND COUNTY
OFFICES ARE FILLED, WHICHEVER IS HELD FIRST;
AND SUBMITTING SAME TO THE ELECTORS OF THE
CITY OF MIAMI IN THE NOVEMBER 5, 1974 STATE
OF FLORIDA AND DADE COUNTY GENERAL ELECTION;.
PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT
SHALL BE REFERRED TO AS PROPOSED CHARTER
AMENDMENT NO. 4; REPEALING ALL ORDINANCES, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR
AS THEY ARE IN CONFLICT; CONTAINING A SEVERABILITY
PROVISION; DECLARING THIS ORDINANCE TO BE
EMERGENCY MEASURE; DISPENSING WITH THE REQUIRE-
MENT OF READING THE SAME ON TWO SEPARATE DAYS BY
A VOTE OF NOT LESS THAN FOUR -FIFTHS OF THE
MEMBERS OF. THE COMMISSION.
WHEREAS, it is the desire. of the Commission of the
City of Miami to submit a Charter Amendment to the electors
of the City of Miami, Florida for the purposes stated in
Section l of this ordinance;
NOW, THEREFORE, BE 1T ORDAINED BY THE COMMISSION OF
THE CITY OF MIAMI, FLORIDA:
Section 1. The City Commission of the City of Miami
herebysubmits the following proposed Charter Amendment for
submission to the electors of the City of Miami at the
November 5, 1974 State of Florida and Dade County General
Election, to become effective December 1, 1974;
Section 13=A Of the city of Miatiu. Charter, Chapter 10847,
Special Acts, haws of Florida, 1925, as atttendedor snppletnented,
is hereby attended toread as follows:
Sec, 18416 Pilling .vacancies in commission,
A vacancy on the commission caused by
death, resignation, or other causes shall
be filled within ten (10) days after such
vacancy occtirs by a majority of the remain-
ing commissioners and the term of office of
the person so appointed shall be until his
successors in office are elected and
qualified at (1) either the odd year first
general election for commissioners held
pursuant to section 4 of the charter of the
City of Miami eeeseefeeat=te-the=-appefaement
Made-te-f414-seee-veeaaey or (2) the even
year State of Florida General Election,at
which election National, State and County
offices are filled, whichever occurs first.
In the event that the remaining commissioners
shall fail or refuse to fill such vacancy;
within ten (10) days after it occurs, as pro-
vided herein, then, and in that event, the
city commission shall call a special election
to be held at a date not less than thirty (30)
or more than forty-five (45) days after the
expiration of the said 10-day period, for the
purpose of the electors selecting such com-
missioner or commissioners. The person who
receives the greatest number of votes in said
special election is elected and shall be the
city commissioner and his term of office shall
be until his or her successor in office is
elected and qualified at the first general
election for commissioners held pursuant to
section 4 of the Charter of the City of Miami
subsequent to the special election held to
fill such vacancy.
Should there be more than one such vacancy.
on the commission then, and in that event, the
person or persons receiving the highest number
of votes in such election shall be the city
commissioner or commissioners..
In the event the commissioners shall fail to
comply with their duties as set forth herein,
then, and in that event, the court is hereby
empowered and authorized to enforce compliance
with this Act or to call an election itself to
fill such: vacancy or vacancies on the commission.
Section 2► It is tequested that this proposed
Charter Amendment be ubtnitted to the electors of the City of
Miami in the following or substantially the following form'
Shall Section 13-A of the City of Miami
Charter be amended for the purpose of
providing that if a vacancy ocdtirs oh
the commission such vacancy shall only
be filled by an appointment for a period
of time terminating at such time such
vacancy is filled as the result of an.
election held at either (1) the odd year
City of Miami General Election at which
election the Mayor and two commissioners
are elected, or (2) the even year, State
of Florida General Election at which election
National, State and County offices are filled;
whichever is held first.
Section 3. The Board of County Commissioners of
Metropolitan Dade County is requested to submit this proposed
Charter Amendment to the electors of the City of Miami at the
November 5, 1974, State of Florida and Dade County General
Election.
Section 4. The Supervisor of Elections, Metropolitan
Dade County, is requested to provide the assistance necessary to
properly submit this Charter Amendment to the electors of the
City of Miami. The registration of persons, qualified to vote
for or against this proposed Charter Amendment-, the list of
polling places in the applicable precincts, the names of those
persons designated and assigned to serve as clerks of election
and as inspectors of. election,. and the form of ballot to be
;used (prepared in compliance with all statutory requirements
relating to' the use of mechanical,voting machines) shall be ae
contained in the records of, as provided, designated, assigned,
01s established by, the SuperVisot -ot tledti.ons, Mettopplitah
bade County. The City, of. Miami -City Cietk is hetebydesignated
as the,Official teptesentatiVe of -the City of Miami City
Commission:in all transactions with the Supers)isor,of
electionsMetropolitan Lade County itn relation to matters
pertaining to the use of,registratioh books, records'and for
all purposes in connection with,said electiono
Section 5. The City.Clerk is hereby authorized and
directed to give notice of: the adoption of this ordinance
and of the provisions thereof by and through the publication
-of an appropriate advertisement in two daily. newspapers of
general circulation. in the City of Miami at least, thirty days
before the day said election is to be held.
Section 6. All ordinances, code ;sections or parts_,
thereof in'Conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 7. If any section;. sentence, clause, phrase,
or word of this ordinance is for any reason held or, declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance; and it shall be constru4d to have.. been the intent
of the Commission of the. City. of Miami to pass this ordinance
without such unconstitutional, invalid, or inoperative part
therein; and the remainder of this ordinance, after the
exclusion of such part or parts shall be deemed and held to
be valid as if such parts had rtut been included therein.
Section 8 This ordinance is hereby declared to be
an emergency measure on the grounds of urgent public need for
the preservation, of peace, health, safety and property in the
city of Miami.
..Section 9 The teq irement ,of teadihq this ottlinahoe
iatate. days -is hereby, di sperised with by a Vote of
riot less than fottt'-fifths .of the members of the eofiimiSSIOri.
PASSEDAND AbOPTD 8YTILONLY this
�day Of
19`74.
») 9el
MAYOR
PREPARED .AND APPROVED BY:
Mikele Carter
Assistant City Attorney
APPROVED AS TO FORM AND. CORRECTNESS:
r 1�
John S. Lloyd
City Attorney
Words stricken through shall be deleted., Underscored
words. constitute the amendment proposed. Remaining
provisions are now in effect and remain unchanged.
AN oRM 1NCM :,i1'I".t'i'i`:tM .i• R7'It t t'i2OPOS1 1)
CHARTER i AM1 N11MENT AM1 NhlNO SEC'I'ioN AA -A
Or T141 er Utz Mt.Ar•1I CHAR 1'h;R' (t';)A•',PTt ti lO 17 ,
StitcI \t ACTS i.)t'' vraoltr D\ . 19 5,, A3 AMENDED)
1: Fo' Tr11•, PURPOSE Or PROVIDING TRWI V A
vAcANCi' OCCURS ON THE cote'=1TS 1 ON ; uCH yACANCy
SHALL ONLYBE FILLED BY AN APPOINTMENT FOR A
PERIOD OF TIME TE1zMATItvt; AT 5UC1t TI:MF
SUCl VACANCY IS FILLED AS TUir; r(1•,SUt,T.OI' AN
ELECTION HELD AT E'I Tt4t:.R (1) Tt1E U1)b YEAR CITY
OF MIAMI GEN8RAL ELECTION AT Mild' tsttcTit)t Tt11s
MAYUR AND TWO COrLMTssiONERS ARE ,ELECTED, -Oft (2)
THE EVEN Mile STATE OF FLORIDA'GENERAL ELECTION
AT WHICH ELECTION NATIONAL, STATE AND COUNT'
OFFICES ARE FILLED, WHICHEVER IS nELD FIRST;
AND SUBMITTING SAME 'ro . THE ELECTORS OF THE
CITY OF MIAMI IN -THE NOVEMBER 5, 1974 STATE
OP FLORIDA AND DADE COUNTY GENERAL ELECTION;
• PROVIDING THAT THIS PROPOSED CHARTER AMENDMENT
SHALL 13E REFERRED TO AS' PROPOSED CHARTER
AMENDMENT NO. 4; REPEALING ALL_. ORDINANCES,, CODE
SECTIONS OR PARTS THEREOF IN CONFLICT, INSOFAR
AS THEY. ARE IN . CONFLICT; . CONTAINING A ST VERA13ILIT i`
PROVISION; DECLARING THIS ORDINANCE TO BE AN.
EMERGENCY ME?, SURE; DISPENS TNG:.WITH THE .REQUIRE
MENT OF READING TIDE SAME. ON TWO SEPARATE. DAYS• 13Y
A VOTE OF. NOT LESS THAN,FOUR-FIFTHS OF -TIE,
.MEMBERS OF THE COMMISSION.
WHEREAS, it is the desire of the Commission of the
City of Miami to submit a Charter Amendment to the electors
of the City of Miami, Florida for the purposes stated in
Section 1 of this ordinance;
NOW, THEREFORE, BE IT ORDAINED 13Y THE COMMISSION OF.
THE CITY OF MIAMI, FLORIDA:
Section 1. The City Commission of the City of Miami
hereby submits the following proposed Charter Amendment for
submission to the electors of the City of Miamiat the
November 5, 1974 State of Florida and Dade County General
Election, to become effective December 1, 1974;
Section 134 of the City
Special Acts
r' t4iati at k:er f Chaptet l0847,
t,S�4s of 4'l.ora.c7a, . lO2ti; as attnc3ecl cat. gupplcmehtetl
is hereby amended to read afo:l.loca:;;.
Sec, 1.3A 1'illinq vacancies in Commission,
A vacancy on the commission caused by
death, resignation, or other causes- shali
be filled within ton (10) days after such
vacancy occurs by amajority of the remain-
ing commissioners and the term 'of office of
the person so appointed shall be until his
successors in office are elected and
qualified at (l) ei..._er the odd year first
general election for cotrmissioners'.held
pursuant to section 4 of the charter of the
city . of Miami ',
or , (2) the even
year State of Florida:General Election, at
which election National, State and County
offices are filled, whichever occurs -first.
Inthe event that.the remaining commissioners
shall fail or refuse to fill such vacancy
within ten (10) daysafter it occurs, as pro-
vided herein, then, and in that event, the
city commission shall call a special election
to he held at a date not .less than thirty (30)
or more than forty-five (45) days after the
expiration of the said 10-day period, for the
purpose of the electors selecting such com-
missioner c;r commissioners. The . person who
receives the greatest number of votes in said
special election is elected and shall be the
city commissioner and his term of office shall
be until his or her successor in office is
elected and qualified at the first general
election for commissioners held pursuant to
section 4 of the Charter of the City of Miami
subsequent to the special election held to
fill such vacancy.
51.1121,1 th :r =' b.' more than one such .vacancy.
on ti*--1 commizsion then, and in that event, the
person or persons receiving the highest number
of votes in such election shall be the city
commissioner or commissioners.
,In the event the commissioners shall fail to
comply.•with their duties as set forth herein,
then, and in that event, the court is hereby
empowered and authorized to enforce compliance
with this Act or to call an election itself to
fill such vacancy or vacancies on the commission.
.Section 2 r t t is regitested that this proposed
Chatter tlinendment be submitted to the cleCtorof the City of
t i i
Miami in the following or siikista:•it. al.l.y the fo:i :ioi,•:iiic•! .Cetrrtt.
Shall Section 15- , of the city of Miami
Chatter be amended for thepurpose of
providing that if a vadandy occurs on
the commission such vacancy shall only
be filled by an appointment for a period
of tine terminating at such time such
vacancy is filled as the result of an
election held at either (1) the odd year
City' of Miami General c;lection at which
election the Mayor and two commissioners
are elected, or, (2) the even year, State
:of Florida General Election at which election
National, State and County offices are filled;
whichever_ is held first.
Section 3. The Board of County Commissioners of
Metropolitan Dade County is requested to submit this proposed
Charter Amendment to the electors of the City of Miami at the
November 5, 1974, State of Florida and. Dade County General
Election.
Section'4. The Supervisor of Elections, Metropolitan
Dade County, is requested to provide the assistance necessary to
properly submit this Charter Amendment to the electors of the
City of Miami. The registration of persons qualified to vote
for or against this. proposed Charter Amendment, the list of
polling places in the applicable precincts, the names of those
persons designated and assigned to serve as clerks of election
and as inspectors of election, and the form of ballot to be
used (prepared in trompl'iance with all statutory requirements
relating to the use of mechanical voting machines) shall be as
eOttta ifl. d in the records of,
as provided, designated, assigned,
or establi:ahcc) by Lite hup:.�ry Lsc7t: of f.I.edtion.1, Metropolitan
Dade County. The City of.: Miartli City C1cr}: i_s hereby dest9fta o0
i.%o the official repres:-`ntr-1Eivc of Lh•_^. Cit'y'of i•1inmt,_City
CO1tmissi.on i.tL all transactionsthe Sll ..2rvl bor OF
11Cctions; Metropolitan T)ade. County in relation Lo. matters
pertaining to the use of registration bool.s; records arid for
all porpoises in connection with said. election:.
The City✓ Clerk , is hereby <<utheri:.ed and
Section 5.
directed to give notice of the.adoption'of this ordinance
and of the provisions thereof *b.Y and through the publication
c_: = a aprcpriate advertisement in two daily newspapers of
general circulation in the City of Miami at least thirty days
before the day said election is to be held.
Section G. h11 ordinances, code' sections or parts
thereof in conflict herewith, insofar as they are in conflict,
are hereby repealed.
Section 7. If any section, sentence, clause, phrase,
or word of this ordinance is for any reason held or declared
to be unconstitutional, inoperative or void, such holding or
invalidity shall not affect the remaining portions of this
ordinance; and it shall be construed to have been the intent
of the Commission of the City of Miami to pass this ordinance
without such unconstitutional, invalid, or inoperative: part
therein; and the remainder of this ordinance, after the
exclusion of such part . er parts shall be deemed and held to
be valid as if sucl parts had not been included therein.
Section 8. This ordinance is hereby declared to be
an emergency measure on the groundd of urgent public need for
tbc= p* oPc vati.on of peace, henlfh, 4afety and property in t11
de
8ection.9s The toquitetrient of 3.cad'irt thi.I oi-dia.th
an two separate d t»3 is hereby d stiensed by a vote of
not les than foth fifth of the Anemhei: s oC the de•npiii3s 4 n=
PAS8B0 ANt5 AbOPTtb LY TITLt ONLY th i. ti, .. _' tia r of
STATC ' O!` tLOftbA
COUNTY oM bAU1
.CITY 0I MIAMt
I, N. b. SOUT111;1PN, Clerk of the City of Miami, 1iot'ida
do hereby certify that the attached and foregoing pages
numbered 1 through5, inclusive, contain it true aAd correct
copy of an ordinance adopted by the Commission of said City
at a meeting held on the 11th day of July
designated Ordinance. NO, 8287.
) 1974,.
WITNESS my hand and the official, Seal of the City of
Miami, Florida, this122nO.day of Novembrt.
RALPH G. ONGIE
ASSISTANT CITY CLERK
B :
1974.
Leputy, City Clerk
Mlt,oh0L0 11 MFICUL IttANO. SSC*
0f D.OL MUNI,. FLORIDA.'
At4A.D VENUES
RICI1ARI) P.11R►NKS&
CLERK CIRCUIT COURT