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HomeMy WebLinkAboutAgenda Item Cover PageAGENDA ITEM COVER PAGE File ID: #19266 Resolution Sponsored by: Commissioner Damian Pardo A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") AMENDING SECTION 4(B) OF THE CHARTER, TITLED "FORM OF GOVERNMENT; NOMINATION AND ELECTION/ELECTION OF MAYOR AND CITY COMMISSION; TERMS OF OFFICE; RECALL," SECTION 7 OF THE CHARTER, TITLED "ELECTION OF CITY COMMISSIONERS AND MAYOR," AND SECTION 12 OF THE CHARTER, TITLED "FILLING VACANCIES FOR MAYOR AND COMMISSION," TO CHANGE THE GENERAL AND RUN-OFF ELECTIONS OF THE CITY OF MIAMI FROM ODD -NUMBERED YEARS TO EVEN -NUMBERED YEARS BEGINNING IN THE YEARS 2034 AND 2036 SO THE GENERAL ELECTION COINCIDES WITH ANY STATEWIDE OR COUNTYWIDE ELECTION; AMENDING THE PERIOD FOR QUALIFICATION AND CLARIFYING THAT THE TERM OF OFFICE FOR THOSE ELECTED IN THE YEARS 2031 AND 2033 GENERAL AND RUN-OFF ELECTIONS SHALL BE REDUCED FROM A FOUR (4) YEAR TERM TO A THREE (3) YEAR TERM DUE TO SAID CHANGE; FURTHER PROVIDING THAT UPON APPROVAL OF THE ELECTORATE, THIS AMENDMENT WILL BE IMMEDIATELY EFFECTIVE; CALLING FOR A REFERENDUM AND PROVIDING THAT THE CHARTER AMENDMENT WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION SCHEDULED FOR AUGUST 18, 2026; 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 FOR MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; AND PROVIDING AN IMMEDIATE EFFECTIVE DATE FOR THIS RESOLUTION. City of Miami Legislation Resolution Enactment Number: R-26-0228 City Hall 3500 Pan American Drive Miami, FL 33133 www.miamigov.com File Number: 19266 Final Action Date:5/14/2026 A RESOLUTION OF THE MIAMI CITY COMMISSION, WITH ATTACHMENT(S), APPROVING, SETTING FORTH, AND SUBMITTING TO THE ELECTORATE A PROPOSED AMENDMENT TO THE CHARTER OF THE CITY OF MIAMI, FLORIDA, AS AMENDED ("CHARTER") AMENDING SECTION 4(B) OF THE CHARTER, TITLED "FORM OF GOVERNMENT; NOMINATION AND ELECTION/ELECTION OF MAYOR AND CITY COMMISSION; TERMS OF OFFICE; RECALL," SECTION 7 OF THE CHARTER, TITLED "ELECTION OF CITY COMMISSIONERS AND MAYOR," AND SECTION 12 OF THE CHARTER, TITLED "FILLING VACANCIES FOR MAYOR AND COMMISSION," TO CHANGE THE GENERAL AND RUN-OFF ELECTIONS OF THE CITY OF MIAMI FROM ODD -NUMBERED YEARS TO EVEN -NUMBERED YEARS BEGINNING IN THE YEARS 2034 AND 2036 SO THE GENERAL ELECTION COINCIDES WITH ANY STATEWIDE OR COUNTYWIDE ELECTION; AMENDING THE PERIOD FOR QUALIFICATION AND CLARIFYING THAT THE TERM OF OFFICE FOR THOSE ELECTED IN THE YEARS 2031 AND 2033 GENERAL AND RUN-OFF ELECTIONS SHALL BE REDUCED FROM A FOUR (4) YEAR TERM TO A THREE (3) YEAR TERM DUE TO SAID CHANGE; FURTHER PROVIDING THAT UPON APPROVAL OF THE ELECTORATE, THIS AMENDMENT WILL BE IMMEDIATELY EFFECTIVE; CALLING FORA REFERENDUM AND PROVIDING THAT THE CHARTER AMENDMENT WILL BE SUBMITTED TO THE ELECTORATE AT THE REFERENDUM SPECIAL ELECTION SCHEDULED FOR AUGUST 18, 2026; 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 FOR MIAMI-DADE COUNTY, FLORIDA, NOT LESS THAN FORTY-FIVE (45) DAYS PRIOR TO THE DATE OF SUCH ELECTION; AND 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 under a Code of ordinances, known as the Code of the City of Miami, Florida, as amended ("City Code"); and WHEREAS, the Charter and City Code have been amended from time to time as the governance of the City has evolved; and WHEREAS, Section 4(b) of the Charter states, "City Commissioners in districts numbered 3 and 5 shall be elected at the general municipal election or runoff election to be held in the year 2001 and at the general municipal election or runoff election each four years thereafter"; and WHEREAS, additionally, Section 4(b) of the Charter currently provides that "City Commissioners in districts numbered 1, 2, and 4 shall be elected at the general municipal election or runoff election to be held in the year 2003 and at the general municipal election or runoff election each four years thereafter"; and WHEREAS, Section 4(b) of the Charter also states, "the term of office of the City Commissioners shall be four (4) years"; and WHEREAS, Section 4(b) of the Charter also states, "the Mayor shall hold office for a term of four years."; and WHEREAS, Section 7 of the Charter currently states, "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"; and WHEREAS, Section 7 of the Charter also states, "a runoff election for the Mayor and City Commissioners shall be held on the second Tuesday in December, in odd -numbered years"; and WHEREAS, Section 7 of the Charter further provides that, "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"; and WHEREAS, Section 12 of the Charter provides for a method to fill vacancies for the office of Mayor and City Commissioners in an odd -year General Municipal Election as an option; and WHEREAS, Chapter 16 of the City Code provides for Elections in the City; and WHEREAS, Section 16-2 of the City Code provides for the process of "holding City elections"; and WHEREAS, on January 8, 2026, the Miami City Commission adopted Resolution No. R- 26-0025, which directed the City Attorney to prepare an amendment to Sections 4(b), 7, and 12 of the City Charter, to change the 2031 General Election of the City Commissioners to 2032, thereby moving all subsequent years for the General Election of the City Commissioners and any corresponding run-off elections from odd -numbered years to even -numbered years so the General Elections for City Commissioners are concurrent with any statewide or countywide elections, modifying the run-off election schedule accordingly, and amending the period for qualification and providing for the extension of the term of office for any sitting City Commissioner due to the change of said election; and WHEREAS, on May 14, 2026, the City Commission adopted Resolution No. R- 26-0227, which rescinded its prior direction and replaced the direction with the language as provided for herein; and WHEREAS, this amendment will shorten the term of office for the Mayor and City Commissioners elected in the years 2031 and 2033 from a 4-year term to a 3-year term, and then beginning in the years 2034 and 2036 all terms of office for each subsequent election shall return to 4-year term of office; and WHEREAS, the City Commission wishes to submit the proposed amendment of the Charter to the electorate for approval or disapproval at the Referendum Special Election scheduled for August 18, 2026; 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 fully set forth in this Section and represent findings of the City Commission. Section 2. In accordance with the provisions of Section 6.03 of the Miami -Dade County Home Rule Charter, a Referendum Special Election is to be called and directed in the City of Miami, Florida, from 7:00 A.M. until 7:00 P.M. on August 18, 2026, for the purpose of submitting to the qualified electors of the City for their approval or disapproval of the proposed Charter Amendment to amend the language of the Charter to change the General and Run-off Elections of the City from odd -numbered years to even -numbered years beginning in the years 2034 and 2036 so the General Municipal Election coincides with any statewide or countywide election; amend the period for qualification and clarify that the term of office for those elected in the years 2031 and 2033 general and run-off elections shall be reduced from a four (4) year term to a three (3) year term due to said change, and providing that upon approval of the electorate, the amendment will be immediately effective. Section 3. Sections 4, 7, and 12 of the Charter is proposed to be amended in the following particulars:1 "CHARTER AND CODE OF THE CITY OF MIAMI, FLORIDA SUBPART A. THE CHARTER Sec. 4. Form of government; nomination and election. (a) General description. The form of government of the City of Miami, Florida, provided for under this Charter shall be known as the "mayor -city commissioner plan," and the city commission shall consist of five citizens, who are qualified voters of the city and who shall be elected from districts in the manner hereinafter provided. The city commission shall constitute the governing body with powers (as hereinafter provided) to pass ordinances, adopt regulations, and exercise all powers conferred upon the city except as hereinafter provided. The mayor shall exercise all powers conferred herein and shall appoint as provided in section 4(g)(6) of this Charter a chief administrative officer to be known as the "city manager." (b) Election of mayor and city commission; terms of office; recall. There shall be elected by the qualified electors of the city at large a mayor who shall be a qualified elector residing within the city at least one (1) year before qualifying as provided in subsection (c) of this section of the Charter and must maintain a residence in the city for the duration of his or her term. The mayor shall not serve as a member of the city commission. The city commission shall consist of five members who shall be elected from districts within the city, numbered 1 through 5. All persons desiring to run for the office of city 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. commissioner shall file in the district, numbered 1 through 5, for which they are qualified as provided in subsection (c) of this section of the Charter. City commissioners in districts numbered 3 and 5 shall be elected at the general municipal election or runoff election to be held in the year 2001 and at the general municipal election or n inoff election each f„ur „ears thereafter. The Mayor and City Commissioners in districts numbered 3 and 5 shall be elected at the general municipal election or runoff election to be held in the year 2029 and at the general municipal election or runoff election to be held in the year 2033. The Mayor and City Commissioners in the districts numbered 3 and 5 elected in the general municipal election or runoff election to be held in the year 2033 shall be elected to serve a term of three (3) years, which shall be deemed a term for purposes of term limits as set forth in this sub -section. Commencing in the year 2036, a general municipal election or runoff election shall be held for the Mayor and City Commissioners in districts numbered 3 and 5, and a general municipal or runoff election shall be held every (4) four years thereafter. City commissioners in districts numbered 1, 2, and /l shall be elected at the general municipal election or runoff election to be held in the year 2003 and at the general municipal election or runoff election each four years thereafter. City Commissioners in districts numbered 1,2, and 4 shall be elected in the general municipal or runoff election in the year 2027 and at the general municipal election or runoff election to be held in the year 2031. City Commissioners in the districts numbered 1, 2, and 4 elected in the general municipal election or runoff election to be held in the year 2031 shall be elected to serve a term of three (3) years, which shall be deemed a term for purposes of term limits as set forth in this sub -section. Commencing in the year 2034, a general municipal election or runoff election shall be held for the City Commissioners in districts numbered 1, 2, and 4, and a general municipal election or runoff election shall be held every (4) four years thereafter. Except as otherwise provided herein,tThe term of office of the City Commissioners shall be four (4) years. Except as otherwise provided herein tThe mayor shall be elected at large by the electors of the city and shall hold office for a term of four years. The mayor and all city commissioners [are] to hold office from twelve o'clock noon five days after the canvass of the vote by the supervisor of elections and the declaration of the result of either 1) the general municipal election or 2) runoff election and until their successors are elected and qualified. Except as otherwise provided herein, cGommencing with the election to be held in November 2001, and all elections subsequent thereto the lifetime term limit for the Mayor and Commissioners shall be two (2) four-year terms, measured retroactively from their first elections, and said terms shall include any time served as a result of having been appointed to fill a vacancy in the Office of Mayor or Commissioner pursuant to Section 12 of this Charter which such service shall be considered as a full term for purposes of this section. However, said lifetime term shall not include any time served as a result of having been elected to fill a vacancy pursuant to Section 12 of this Charter. The mayor and all other members of the city commission shall be subject to recall. Vacancies shall be filled as provided in section 12 of the Charter. If a candidate for office of mayor or city commissioner receives a majority of votes in the general municipal election for that office, the candidate shall be considered elected upon and after the canvass of the vote and the declaration of the result of the election as provided. If no candidate receives a majority of the votes for that office, the two candidates for the respective office who received the greatest number of votes for that office in the general municipal election shall be placed on the ballot at the runoff election. The candidate receiving the greatest number of votes in the runoff election, shall be considered elected to the office for which the candidate has qualified. (c) Qualifications of mayor and city commission; mayor, city commissioners, and other officers and employees not to be interested in contracts, etc.; franks, free tickets, passes or service. Candidates for mayor shall be residents of the city and shall have continuously resided in the city for a minimum of one (1) year immediately preceding the date of qualifying and shall be electors therein. Further, candidates for the city commission shall have continuously resided within the district boundaries in effect at the time of qualifying for a minimum of one (1) year immediately preceding the date of qualifying and be electors in that district, and shall maintain residence in that district for the duration of their term of office. The mayor, city commissioners, and other officers and employees shall not be interested in the profits or emoluments of any contract, job, work or service for the municipality. The mayor or any city commissioner who shall cease to possess any of the qualifications herein required shall forthwith forfeit his or her office, and any such contract in which any member is or may become interested may be declared void by the city commission. No mayor, city commissioner, or other officer or employee of said city shall accept any frank, free ticket, pass or service directly or indirectly, from any person, firm or corporation upon terms more favorable than are granted to the public generally. Any violation of the provisions of this section shall be a misdemeanor. Such prohibition of free service shall not apply to police or fire personnel in uniform or wearing their official badges, where same is provided by ordinance. (d) City commission to be judge of its own elections; neither mayor nor city commission nor any committees nor members thereof to dictate appointments by or interfere with city manager. The city commission shall be the judge of the election and qualifications of the mayor and its own members, subject to review by the courts. Neither the mayor nor the city commission, nor any committees nor members thereof shall direct, request, take part in or dictate the appointment or removal of any person in office or employment by the city manager or subordinates or in any manner interfere with the city manager or prevent the city manager from exercising his/her own judgment in the appointment of officers and employees in the administrative service. Except for the purpose of inquiry and as may be necessary as provided in section 14, the mayor, the city commission, any committees and members thereof shall deal with the administrative service solely through the city manager, and neither the mayor nor the city commission, nor any committees nor members thereof shall give orders to any of the subordinates of the city manager, city attorney, city clerk, and Independent Inspector General, either publicly or privately. Any such dictation, prevention, orders or other interference or violation of this section on the part of the mayor or a member of the city commission or committees shall be deemed to be violation of the Charter, and upon conviction before a court of competent jurisdiction any individual so convicted shall be subject to a fine not exceeding five hundred dollars ($500.00) or imprisonment for a term of not exceeding sixty days or both, and in the discretion of the court shall forfeit his or her office. Any willful violation of the provisions to this section by the mayor or any city commissioner shall be grounds for his or her removal from office by an action brought in the Circuit Court by the state attorney of this county. (e) Election of officers by city commission; rules of city commission; quorum. The city commission shall elect a city clerk and a city attorney. No member of the city commission or the mayor shall be chosen as city manager or as a member of the civil service board or appointed to any other city office or employment. The city commission may determine its own rules of procedure, may punish its own members for misconduct and may compel attendance of members. A majority of all the members of the city commission shall constitute a quorum to do business, but a smaller number may adjourn from time to time. (f) (g) Meetings of city commission; ordinance to be read by title only. At twelve o'clock noon on the day the mayor or city commissioners take office, they shall meet at the city hall. Thereafter, the city commission shall meet at such time and place as may be prescribed by ordinance or resolution. The meetings of the city commission and all sessions of committees of the city commission shall be public. Ordinances shall be read by title only. No member shall be excused from voting except on matters involving the consideration of his or her own official conduct, or where his or her financial interests are involved. Powers and duties of mayor. The mayor shall serve as the chief executive officer and head of the city government with the following specific powers and duties: (1) The mayor shall be the presiding officer of the city commission with the authority to designate another member of the city commission to serve as presiding officer. (2) The mayor shall be recognized as the official head of the city for all ceremonial purposes, by the courts for the purpose of serving civil process, and by the governor for military purposes. (3) In time of public danger or emergency, the mayor may declare a state of emergency as provided in state law and may with the consent of the city commission, take command of the police and maintain order and enforce the laws. (4) During the temporary absence or disability, the mayor shall appoint a member of the city commission to perform the duties of the mayor. However, in the event that the mayor does not or is unable to make such designation, the city commission shall designate a member of the city commission to perform the duties of the mayor during the temporary absence or disability of the mayor by a four -fifths vote of the city commissioners then in office. (5) The mayor shall, within ten days of final adoption by the city commission, have veto authority over any legislative, quasi-judicial, zoning, master plan or land use decision of the city commission, including the budget or any particular component contained therein which was approved by the city commission; provided, however that if any revenue item is vetoed, an expenditure item in the same or greater dollar amount must also be vetoed. The city commission may, at its next regularly scheduled or special meeting after the veto occurs, override that veto by a four -fifths vote of the city commissioners present, notwithstanding any provisions to the contrary contained in the Charter and city code. Said veto power shall include actions pursuant to sections 29-B through 29-D of the Charter. (6) When one person succeeds another in the position of mayor, the successor shall have the right to appoint the city manager, subject to the approval within 14 days of a majority of the city commissioners then in office. In the event of a vacancy in the office of city manager, the mayor shall appoint the city manager, subject to the approval within 14 days of a majority of the city commissioners then in office. The mayor may remove the city manager subject to the city commission's conducting a hearing within 10 days of said removal and the city commission's overriding the mayor's action by a four -fifths vote of those city commissioners then in office. Additionally, the city commission by a four - fifths vote of those city commissioners then in office shall be able to remove the city manager. (7) The mayor shall establish and appoint the members of all standing and special committees of the city commission and the chairperson and vice -chairperson of each committee. There shall be as many standing and special committees of the city commission as deemed necessary by the Mayor. Standing or special committees of the city commission shall mean those comprised of city commission members only. (8) The mayor shall prepare and deliver a report on the state of the city to the people of the city between November 1 and January 31 annually. Such report shall be prepared after consultation with the city commissioners and the city manager. (9) The mayor shall prepare and deliver a budgetary address annually to the people of the city between July 1 and September 30. Such report shall be prepared after consultation with the city manager. (h) Salaries of the mayor and commission. Effective on November 4, 2003, there shall be paid to the city commissioners the sum of $58,200, which is equal to sixty percent of the mayor's salary in effect on July 16, 2003. Such salary shall be paid per year for each commissioner, in twelve equal installments. The compensation of the mayor shall be determined by the commission. Sec. 7. Election of city commissioners and mayor. 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 general municipal election for the mayor and city commissioners shall be held on the first Tuesday after the first Monday in November in the years provided in section 4(b) of this Charter. A runoff election for numbered years. A runoff election for the mayor and city commissioners shall be held on the second Tuesday in December in the years provided in section 4(b) of this Charter. 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 sixty (601 days and not later than forty-five (451 days prior to the date of the general municipal election or during the qualifying period for a special election to fill a vacancy. However, commencing in 2034, an affidavit of candidacy shall be filed not earlier than 10 business days preceding the deadline for candidate qualifying as provided by the Supervisor of Elections for Miami -Dade County and no later than twelve o'clock noon on the day prior to the deadline for candidate qualifying as provided by the Supervisor of Elections for Miami -Dade County 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 (45th) day prior to the general municipal election or the last day for qualifying in a special election to fill a vacancy. However, commencing in 2034, all such qualifying documents and fees of candidacy for mayor and city commissioners shall be deposited with the city clerk no later than twelve o'clock noon on the day prior to the deadline for candidate qualifying as provided by the Supervisor of Elections for Miami -Dade County or the last day for qualifying in a special election to fill a vacancy. Sec. 12. Filling vacancies for mayor and commission. (a) A vacancy on the city commission or in the office of mayor caused by death, resignation, forfeiture, suspension, removal, or other action or causes shall be filled within ten days after such vacancy occurs by a majority of the remaining city commissioners. The person appointed must meet the qualifications of the office as required in section 4 of this Charter. The term of office of the person so appointed, except in the circumstances detailed in section (c) below, shall be until the successor in office is elected and qualified at whichever of the following occurs first: (1) the odd_ year general municipal election for mayor and city commicsioners held pursuant to section /1 of the Charter, or the next general municipal election held pursuant to sections 4 and 7 of this Charter, or (2) the even -year State of Florida general election, at which election national, state and county offices are filled, The candidates for such election shall be qualified as provided in section 4 of this Charter and the qualifying period and requirements for such election shall be as provided in section 7 of this Charter. The person elected as provided in (a)(1) or (a)(2) of this Section shall serve for the remainder of the unexpired term of that office. (b) If the remaining city commissioners shall fail or refuse to fill such vacancy within ten (10) days after it occurs, as provided herein, the city commission shall call a special election to fill the vacancy to be held at a date not less than thirty-eight (38) or more than forty-five (45) days after the expiration of the ten (10) - day period and the five j day qualifying period. The qualifying period for such special election shall be for the five days not including Saturday, Sunday or legal holidays before the thirty-eighth (38th) day before the date of the election and the procedure for the election not otherwise provided for in this section shall be as provided in section 7 of this Charter. Except in the circumstances detailed in section (c), effective November 7, 2017, the person who receives the greatest number of votes for the office in said special election is elected to fill the vacancy for the remainder of the unexpired term of that office. (c) If a vacancy in any elected office is caused by forfeiture, suspension, or removal, the vacancy shall be filled in the same manner as described in sections (a) and (b) above, provided that if the elected official who has so vacated his or her seat is later absolved of the allegations of wrong -doing, that elected official shall be entitled to resume his or her elected position for the remainder of the unexpired term, if any. The term of the individual who assumed the position previously vacated by that elected official shall automatically terminate upon the restoration to office of the original seat -holder. (d) If the city commissioners shall fail to comply with their duties as set forth in this section, 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 city commission or in the office of mayor." Section 4. The Referendum Special Election shall be held at the polling places in the precincts designated, all as shown on the list attached hereto and made a part hereof and referred to as Exhibit "A" or as may be designated by the Supervisor of Elections for Miami - Dade County, Florida, in conformity with the provisions of the general laws of the State of Florida ("State"). The Precinct Election Clerks and Inspectors to serve at said polling places on said Referendum Special Election date shall be those designated by the Supervisor of Elections for 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 Referendum Special Election precincts wholly or partly within the City and which the City is adopting and desires to use for holding such Referendum Special Election is all voter information cards, registration books, records and certificates pertaining to electors of the City and established and maintained as official by the Supervisor of Elections for Miami -Dade County, Florida, in conformity with the provisions of the general laws of the State, are hereby 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, regarding any Special Election not otherwise provided for, there shall be at least thirty (30) days' notice of the Special Election by publication in a newspaper of general circulation in the City or publication on Miami - Dade County's website as provided in Section 50.0311, Florida Statutes, the City's website, or the Supervisor of Elections for Miami -Dade County, Florida website. 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 Referendum Special Election is to be held, which notice shall be substantially in the following form: NOTICE OF REFERENDUM SPECIAL ELECTION TO AMEND THE MIAMI CITY CHARTER TO BE HELD ON TUESDAY, AUGUST 18, 2026 IN THE CITY OF MIAMI, FLORIDA PURSUANT TO RESOLUTION NO. R-26-0228 A Referendum Special Election will be held on Tuesday, August 18, 2026, from 7:00 A.M. until 7:00 P.M. in the City of Miami, Florida, at the polling places in the several Referendum Special Election precincts designated by the Supervisor of Elections 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 THE CITY CHARTER BE AMENDED TO CHANGE THE GENERAL AND RUNOFF ELECTIONS FROM ODD -NUMBERED YEARS TO EVEN - NUMBERED YEARS COMMENCING IN THE YEARS 2034 AND 2036, AND EVERY FOUR YEARS THEREAFTER, SO THE GENERAL ELECTION IS CONCURRENT WITH ANY STATEWIDE OR COUNTYWIDE ELECTION; MODIFY THE QUALIFICATION PERIOD AND CLARIFY THAT THE TERMS OF OFFICE OF THOSE ELECTED IN THE YEARS 2031 AND 2033 SHALL BE REDUCED TO 3 YEARS DUE TO SAID CHANGE? This Charter Amendment will amend Sections 4(b), 7 and 12 of the Charter to provide that all General Municipal Elections and Runoff Elections in the City shall be changed from odd -numbered years to even -numbered years beginning in the years 2034 and 2036 so the General Municipal Election coincides with any statewide or countywide election; amending the period for qualification and clarifying that the term of office for those elected in the years 2031 and 2033 general and run-off elections shall be reduced from a four (4) year term to a three (3) year term due to said change, and providing that upon approval of the electorate, the amendment will be immediately effective. By order of the Commission of the City of Miami, Florida. Section 6. The official ballot to be used at said Referendum Special Election shall be in full compliance with the laws of the State with respect to vote -by -mail ballots and to the use of the mechanical voting machines or the Computer Election System, and shall be in substantially the following form, for approval or disapproval: Official Ballot Referendum Special Election August 18, 2026 Miami, Florida Charter Amendment to Move the City Elections from Odd -Numbered to Even -Numbered Years Shall the City Charter be amended to change the General and Runoff Elections from odd -numbered years to even -numbered years commencing in the years 2034 and 2036, and every four years thereafter, so the General Election is concurrent with any statewide or countywide election; modify the qualification period and clarify that the terms of office of those elected in the years 2031 and 2033 shall be reduced to 3 years due to said change? YES NO Section 7. The form of the ballot shall be in accordance with the 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 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 containing the statement relating to the Question. Section 8. The City Clerk shall cause to be prepared vote -by -mail ballots containing the Question set forth in Section 6 above for the use of vote -by -mail electors entitled to cast such ballots in said Referendum Special Election. Section 9. All qualified electors of the City shall be permitted to vote in said Referendum Special Election and the Supervisor of Elections for Miami -Dade County, Florida, is hereby 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 the 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 Referendum Special Election precincts. Section 10. For the purpose of enabling persons to register who are qualified to vote in said Referendum Special Election on Tuesday, August 18, 2026, 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 Office of the Supervisor of Elections for Miami -Dade County located at 2700 Northwest 87th Avenue, Miami, Florida, within such period of time as may be designated by the Supervisor. In addition to the above place and times, qualified persons may register at such branch offices and may also register to vote online for the purpose of voting in the herein described Referendum Special Election during such times and on such dates as may be designated by the Supervisor. Section 11. Todd B. Hannon, the City Clerk of the City of Miami, Florida, or his duly appointed successor, is hereby designated and appointed as the official representative of the Commission of the City of Miami, Florida, in all transactions with the Supervisor related to matters pertaining to the use of the registration books and the holding of said Referendum Special Election. Section 12. The City Clerk shall deliver a certified copy of this Resolution to the Supervisor not less than forty-five (45) days prior to the date of the Referendum Special Election. Section 13. This Resolution shall become effective immediately upon its adoption and signature of the Mayor.2 APPROVED AS TO FORM AND CORRECTNESS: rge = . Wyy ng III, C y ttor -y 5/20/2026 2 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.