Loading...
2009-27248 ResoRESOLUTION NO. 2009-27248 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR ARUN-OFF ELECTION TO BE HELD ON NOVEMBER 17, 2009 IN THE CITY OF MIAMI BEACH FOR THE PURPOSE OF ELECTING A CITY COMMISSIONER IN "GROUP II AND ELECTING A CITY COMMISSIONER IN GROUP III (NAME OF CANDIDATE OPPOSING CANDIDATE MICHAEL GONGORA IN RUN- OFF FOR COMMISSION GROUP III CONTINGENT UPON RESULTS OF NOVEMBER 6, 2009 AUTOMATIC RECOUNT); 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; PROVIDING FOR ABSENTEE BALLOTING AND REGISTRATION OF VOTERS IN ACCORDANCE WITH STATE LAW; PROVIDING FOR PAYMENT FOR CONDUCTING ELECTION TO MIAMI-DADE COUNTY. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 In accordance with provisions of the Charter of the City of Miami Beach, Florida, aRun-Off 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 17, 2009 for the purpose of electing a City Commissioner in Group II and a City Commissioner in Group III who shall hold office for the term as provided by law. SECTION 2 That the appropriate and proper Miami-Dade County election officials shall conduct the said Run-Off Election hereby called, except for acceptance of the certification of the results of said Run-Off Election, which duty shall 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 on the night of said Run-Off Election. SECTION 3 That the said voting precincts in the City of said Run-Off Election shall be 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 Run-Off Election shall be in accordance with the general law of the State governing voter registration. SECTION 4 Notice of said Run-Off Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. SECTION 5 The notice of election shall be substantially in the following form: "THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF RUN-OFF ELECTION NOTICE IS HEREBY GIVEN that aRun-Off Election has been called by the 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 17th day of November, 2009, for the purpose of electing a City Commissioner in Group II and a City Commissioner in Group III who shall hold office for the term as provided by law." Said Notice shall further set forth the several polling places in the election precincts as referenced in Section 3 above, and shall further set forth pertinent information regazding eligibility of electors to participate in said election. SECTION 6 That the official ballot to be used in the Run-Off Election to be held on November 17, 2009, hereby called, shall be in substantially the following form, to wit: 2 "OFFICIAL BALLOT" RUN-OFF ELECTION FOR ELECTING A COMMISSIONER GROUP II and A COMMISSIONER IN GROUP III OF THE CITY OF MIAMI BEACH, FLORIDA ON NOVEMBER 17, 2009 FOR CITY COMMISSIONER GROUP II Jorge Exposito Maria Mayer FOR CITY COMMISSIONER GROUP III Michael Gongora (name) The City Clerk shall prepare the ballot so that the names of Run-off candidates will appeaz on said ballot in alphabetical order according to surname; provided, however, that said ballot and its prepazation shall be such as to permit compliance with the Laws of the State of Florida with respect to the use of an electronic voting system. SECTION 7 That the absentee voters participating in said Run-Off Election shall be entitled to cast their ballots in accordance with the provisions of the Laws of the State of Florida with respect the ' Name of candidate opposing candidate Michael Gongora in Run-Off Election for Commission Group III is contingent upon results of November 6, 2009 automatic recount. 3 absentee voting. SECTION 8 That the City of Miami Beach shall pay all expenses for conducting this Run-Off 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, Florida. SECTION 9 This Resolution shall be effective immediately upon passage. PASSED and ADOPTED this 4th day of November, 2009. I / ATTEST: M OR Matti Herrera Bower ~~ C CLERK Robert Parcher APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION °' { - Y 9 F:~atto\OWI~ELECTIOMRESOUtUN OFF- NOV 2009.doc C orney ~ ALTERNATIVE "B" m- MIAMIBEACH OFFICE OF THE CIN ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE GONZALEZ FROM: JOSE SMITH +r CITY ATTO Y DATE: NOVEMBER4~2009 SUBJECT: CITY OF MIAMI BEACH GENERAL ELECTION RESULTS AND CALLING RUN-OFF ELECTION The attached Resolutions formally adopt the certificate of results of the City of Miami Beach November 3, 2009 General Election, and call for the City of Miami Beach November 17, 2009 Run-Off Election, made necessary as a result of no candidate for [Mayor and Commission Group _ ]from the General Election having received a majority of votes cast. Accordingly, and pursuant to Miami Beach City Charter Section 2.01, aRun-Off Election shall be called for November 17, 2009 between the two candidates for [Mayor and Commission Group ]receiving the highest number of votes in the General Election. JS/JO/sc F.\eno\OLU\ELECTIONUtESO\CAO_•MO\CaIiRW-OFF. KOV 2009.dw Agenda Item ~~C Date I!'