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2009-27188 ResoRESOLUTION NO 2009-27188 A RESOLUTION CALLING FOR A GENERAL ELECTION TO BE HELD ON NOVEMBER 3, 2009 IN THE CITY OF MIAMI BEACH FOR THE PURPOSE OF ELECTING A MAYOR AND THREE CITY COMMISSIONERS (GROUPS I, II, AND III); PROVIDING FOR CONDUCT OF SAME BY THE MIAMI-DADE COUNTY ELECTIONS DIVISION; PROVIDING THAT VOTING PRECINCTS SHALL BE THOSE AS ESTABLISHED BY MIAMI-DADE COUNTY; PROVIDING FOR NOTICE OF ELECTIONS; PROVIDING FOR THE FORM OF BALLOT AND REGISTRATION OF VOTERS IN ACCORDANCE WITH STATE LAW; PROVIDING FOR PAYMENT FOR CONDUCTING ELECTION TO MIAMI-DADE COUNTY. BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH: SECTION 1 In accordance with provisions of the Charter of the City of Miami Beach, Florida a General Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7:00 a m to 7 00 p m on November 3. 2009 for the purpose of electing a Mayor and three City Commissioners in Groups I, 11 and III, respectively, each of whom shall hold office for the terms as provided by law SECTION 2 That the appropriate and proper Miami -Dade County election officials shall conduct the said General Election hereby called. with acceptance of the certification of the results of said General Election to be performed by the City Commission The official returns for each precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all precincts have been tabulated SECTION 3 That the said voting precincts in the City of said General Election shall be as established by the proper and appropriate Miami -Dade County Election Officials All electors shall vote at the polling places and the voting precincts as determined by the Miami -Dade County Election Officials Registration of persons desiring to vote in said General Election shall be in accordance with the general laws of the State governing voter registration 1 SECTION 4 Not less than thirty days notice of said General Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami -Dade County, Florida Such publication shall be made in accordance with the provisions of Section 100 342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach SECTION 5 The notice of election shall be substantially in the following form THE CITY OF MIAMI BEACH. FLORIDA NOTICE OF GENERAL ELECTION NOTICE IS HEREBY GIVEN THAT A GENERAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7 00 A M UNTIL 7 00 P.M. ON THE 3RD DAY OF NOVEMBER, 2009, FOR THE PURPOSE OF ELECTING A MAYOR AND THREE (3) CITY COMMISSIONERS IN GROUPS I, II, AND III, RESPECTIVELY, EACH OF WHOM SHALL HOLD OFFICE FOR THE TERMS AS PROVIDED BY LAW Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said election SECTION 6. That the official ballot to be used in the General Election to be held on November 3, 2009, hereby called, shall be in substantially the following form, to -wit "OFFICIAL BALLOT" GENERAL ELECTION FOR ELECTING THE MAYOR AND THREE (3) CITY COMMISSIONERS (GROUPS I, II and III) OF THE CITY OF MIAMI BEACH, FLORIDA ON NOVEMBER 3, 2009 2 Vote for one (1) only FOR MAYOR (insert names) FOR CITY COMMISSIONER GROUP I (insert names) FOR CITY COMMISSIONER GROUP II (insert names) FOR CITY COMMISSIONER GROUP III (insert names) The City Clerk shall prepare the ballot so that the names of qualified candidates will appear on said ballot in alphabetical order according to surname, provided, however, that said ballot and its preparation shall be such as to permit compliance with the Laws of the State of Flonda with respect to the use of an electronic voting system 3 SECTION 7 That the absentee voters participating in said General Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect to absentee voting SECTION 8 That the City of Miami Beach shall pay all expenses for conducting this General Election and will pay to Miami -Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami -Dade County, Honda SECTION 9 This resolution shall be effective immediately upon its passage PASSED and ADOPTED this 9th day of September, 2009 ATTEST. R E ' I PARCH -R CITY CLERK JO/sc `��HERRE�iA �c IE fr MA OR APPROVED AS TO FORM & LANGUAGE & FOit EXECUTION F'•ano•.01.1.11LI.LCTIOY'.RESO'•Elrtmg Mayor & Conmussioners(2009 G:ncral Elcmmny.doc 4 CA ,MIAMI BEACH OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COM ISSION CITY MANAGER JORGE M. • NZALEZ FROM: JOSE SMITH CITY ATTORNE DATE: SEPTEMBER 9, 2009 SUBJECT. A RESOLUTION CALLING THE GENERAL ELECTION FOR NOVEMBER 3, 2009 In accordance with Miami Beach City Charter Section 2 01, and City Code Section 38-3, a general municipal election is being called via Resolution for the purpose of electing a Mayor and three City Commissioners in Groups I, II and III on November 3, 2009, and providing for the City Clerk to notice said Resolution through publication of an appropriate advertisement in a newspaper meeting the requirements set forth in Section 50 031, Florida Statutes JO/sc F'• atto•.OLIP•CLCCTION'•.RFof \C:MLf,•10••.Callmg the <renerol Lieu= 120091. de„ Agenda Item R7 C Date 9-9-o9