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2012-27965 Reso RESOLUTION NO. 2012 -27965 ,A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CITY OF MIAMI BEACH RESOLUTION NO. 2012 - 27934, AND SUBSTITUTING THIS RESOLUTION THEREFOR, CALLING FOR A NOVEMBER 6, 2012 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER MIAMI BEACH CITY CHARTER SECTION 6.03 SHOULD BE AMENDED TO PROVIDE THAT IF THE COUNTY ELECTIONS DEPARTMENT HAS NOT ISSUED ITS CERTIFICATE VERIFYING THE REQUIRED NUMBER OF VALID SIGNATURES ON A TIMELY -FILED QUALIFYING PETITION BY 5:00 P.M. ON THE SECOND DAY OF THE CITY'S QUALIFYING PERIOD, THE CITY'S 7/z% QUALIFYING FEE SHALL BE WAIVED IF THE SUBJECT CANDIDATE OTHERWISE QUALIFIES PURSUANT TO CHARTER SECTION 6.03? NOW, THEREFORE, BE IT DULY 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 and the general laws of the State of Florida, a Special 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 Tuesday, November 6, 2012, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Miami -Dade County election officials shall conduct the said Special Election hereby called, with acceptance of the certification of the results of said Special 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 Special 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 in which -the official registration books show that the said electors reside. SECTION 4. Registration of persons desiring to vote in the Special Election shall be in accordance with the general law of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Miami -Dade County. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to. the Miami -Dade County Elections Office. All questions concerning voter registration should be directed to the Miami -Dade County Elections Office, 2700 N.W. 87 Avenue, Doral, Florida 33172; Telephone: (305).499 -VOTE (8683). SECTION 5. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Miami -Dade County, Florida. Such publication shall be made in accordance with the provisions of §50.031 and §100.342, Florida Statutes, and Section 38 -3 of the Code of the City of Miami Beach. ' SECTION 6. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY .GIVEN THAT A SPECIAL 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 6 th DAY OF NOVEMBER, 2012, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: LIMITED WAIVER OF CITY QUALIFYING FEE SHALL CHARTER SECTION 6.03 BE AMENDED TO PROVIDE THAT IF COUNTY ELECTIONS DEPARTMENT HASN'T ISSUED ITS CERTIFICATE VERIFYING THE REQUIRED NUMBER OF- VALID SIGNATURES ON A TIMELY -FILED QUALIFYING PETITION BY 5:00 P.M. ON THE SECOND DAY OF CITY'S QUALIFYING PERIOD, CITY'S 7' /z% QUALIFYING FEE SHALL BE WAIVED IF THE SUBJECT CANDIDATE OTHERWISE QUALIFIES PURSUANT TO CHARTER SECTION 6.03? YES NO SECTION 7. That the official ballot to be used in the Special Election to be held on November 6, 2012, hereby called, shall be in substantially the following form, to -wit: "OFFICIAL BALLOT" LIMITED WAIVER OF CITY QUALIFYING FEE SHALL CHARTER SECTION 6.03 BE AMENDED TO PROVIDE THAT IF COUNTY ELECTIONS DEPARTMENT HASN'T ISSUED ITS CERTIFICATE VERIFYING THE REQUIRED NUMBER OF VALID SIGNATURES ON A TIMELY - FILED QUALIFYING PETITION BY 5:00 P.M. ON THE SECOND, DAY OF CITY'S QUALIFYING PERIOD, CITY'S 7' /z% QUALIFYING FEE SHALL BE WAIVED IF THE SUBJECT CANDIDATE OTHERWISE QUALIFIES PURSUANT TO CHARTER SECTION 6:03? YES NO SECTION 8. That the absentee voters participating in said Special 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 9. That the City of Miami Beach shall pay all expenses for conducting this Special 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 10. If any section, sentence, clause or phrase of the proposed ballot measure is held to be invalid, or unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the validity of the remaining portions of said ballot measure. SECTION 11. A. This Resolution shall stand as the operative City legislation scheduling the question set forth hereinabove for placement on the November 6, 2012 City of Miami Beach Special Election ballot,'. and shall be effective immediately upon its passage. B. City of Miami Beach Resolution No. 2012 - 27934, adopted by the City Commission on June 6, 2,012 for the purpose of scheduling the November 6, 2012 Special Election, is hereby amended and the terms and provisions Hof this Resolution are substituted therefor. PASSED and ADOPTED this I day of JV LY _ ATTEST: Jorge R. Exposito Vice -Mayor r RAFA L E. GRANA O, CITY CLERK �quf3t�s Commissioner Jonah Wolfson) APPROVED AS TO FORM & LANGUAGE y & FO I CUTION * :. INCORP ORATED: CITY ATTOR DATE .. H .26 F:\ATTO \TURN \BALLOT.QUESTIONS \waiver of city fee for qualified petitions - Final Document.docx PROPOSED BALLOT TITLE AND BALLOT SUMMARY NOVEMBER 6, 2012 SPECIAL ELECTION I. PROPOSED BALLOT TITLE AND BALLOT SUMMARY: LIMITED WAIVER OF CITY QUALIFYING FEE SHALL CHARTER SECTION 6.03 BE AMENDED TO PROVIDE THAT IF COUNTY ELECTIONS DEPARTMENT HASN'T ISSUED ITS CERTIFICATE VERIFYING THE REQUIRED . NUMBER OF VALID SIGNATURES ON A TIMELY -FILED QUALIFYING PETITION BY 5:00 P.M. ON THE SECOND DAY OF CITY'S QUALIFYING PERIOD, CITY'S 7' /s% QUALIFYING FEE SHALL BE WAIVED IF THE SUBJECT CANDIDATE OTHERWISE QUALIFIES PURSUANT TO CHARTER SECTION 6.03? IL PROPOSED CHARTER TEXT:. Charter Sec. 6.03. - Qualifying. The City Commission shall cause to be placed on the ballot to be used in the general election the name of any qualified elector of the City residing within the City at least one year prior qualifying and who, within the four (4) consecutive days immediately following the first Monday of September prior to said general election, shall have paid to the City Clerk of the City of Miami Beach the sum equal to seven and one -half percent (7 Y2 %) of the annual salary of the office to which he /she seeks election as a qualifying fee and shall have been photographed and fingerprinted by the identification bureau of the Police Department of the City, unless such person shall file with the City Clerk no later than the second day for. qualifying as a candidate for such office, a petition approving his candidacy signed by sufficient qualified and registered voters to constitute not less than two percent (2 %) of this number of such voters as the same shall be on the date sixty (60) days prior to the first day of qualifying as a candidate for office, in the event the Miami -Dade County Elections Department has not issued its certificate verifying the required number of valid signatures on the subject qualifying petition by 5:00 p.m. on the second day of the City's four -day qualifying period, the City's 7Y2% qualifying fee shall be waived by the City in the event the subject candidate should otherwise qualify for office pursuant to this Charter section. All candidates qualifying for office and shall have taken, signed and subscribed to an oath or affirmation in writing in which he /she shall state (1) the title of the office for which he /she is a candidate; (2) that he /she is a qualified elector of the City of Miami Beach, Florida and has resided in the City at least one year prior to qualifying via °+�,n (3) his /her legal residence, by street and number; (4) that he /she is qualified under the ordinances (including Miami Beach City Code Chapter 38 governing "Elections ") and Charter of the City of Miami Beach, Florida, to hold the office for which he /she is a candidate.