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97-3101 ORD ORDINANCE NO. 97-3101 AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING MIAMI BEACH CITY CODE SECTION 10-5 ENTITLED "CANVASS OF RETURNS; INSTALLATION OF NEW OFFICERS", BY PROVIDING THAT IN THE EVENT A RUN-OFF ELECTION IS NECESSARY THE CITY COMMISSION SHALL MEET ON THE DAY AFTER SAID RUN-OFF ELECTION AND IN THE EVENT A RUN-OFF ELECTION IS NECESSARY, ALL NEW OFFICERS SHALL BE DECLARED ELECTED SUBSEQUENT TO CANVASS OF ELECTION RETURNS ON THE FIRST DAY AFTER SAID RUN-OFF ELECTION; PROVIDING FOR CODIFICATION, REPEALER, SEVERABILITY, AND AN IMMEDIATE EFFECTIVE DATE. NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1. That Miami Beach City Code Section 10-5 entitled" eanvass of returns; installation of new officers" is hereby amended to read as follows: Sec. 10-5. Canvass of returns; installation of new officers. The city commission shall meet on the first Wednesday after a general election or as soon thereafter as practicable, and in the event a run-off election is necessary the city commission shall meet on thc fir3t Vlcdncsday day after said run-off election, for the purpose of canvassing the returns of such election( s) and ascertaining the results thereof. Should no run-off election be necessary, new officers shall be declared elected subsequent to canvass of election returns on the first Wednesday after the general election (or as soon thereafter as practicable), at which time the new officers shall be installed and shall enter upon the discharge of their duties; and in the event a run-off election is necessary, all new officers shall be declared elected subsequent to canvass of election returns on the first W cdncsday day after said run-off election, at which time the new officers shall be installed and shall enter upon the discharge of their duties. Moreover, in the event a nm-off election is necessary, the commission meeting occurring on the first Wednesday after the general election shall occur for the limited purpose of canvassing the returns of such general election. SECTION 2. CODIFICATION It is the intention of the Mayor and City Commission of the eity of Miami Beach, and it is hereby ordained that the provisions of this ordinance shall become and be made a part of the Code ofthe City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or other appropriate word. SECTION 3. SEVERABILITY If any section, sentence, clause or phrase of this ordinance 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 this ordinance. SECTION 4. REPEALER All ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. SECTION 5. EFFECTIVE DATE This Ordinance shall take effect immediately. PASSED and ADOPTED this 21st day of October , 1997. ~-f PCVc~ ATTEST: MAYOR CITY CLERK ~DASlO &FOR~ 2 1i,~ J~/f7 JKO:sct:jean"4 "\sec 1 0-5.ord OFFICE OF THE CITY ATTORNEY ~ tjJ/liomi ~t'tlM F L o R o A .. MURRAY H. DURBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM NO. (ll-CJl DATE: OCTOBER 21,1997 TO: MAYOR SEYMOUR GELBER, MEMBERS OF THE CITY COMMISSION AND CITY MANAGER JOSE GARCIA-PEDROSA FROM: MURRAY H. DUBBIN , J) ,. OO~ CITY ATTORNEY .1)A. ~ EMERGENCY ORDINANCE AMENDING MIAMI BEACH CITY CODE SECTION 10-5 ENTITLED "CANVASS OF RETURNS; INSTALLATION OF NEW OFFICERS" PROVIDING THAT THE CITY COMMISSION MEETING OCCURRING ON THE FIRST WEDNESDAY AFTER A RUN- OFF ELECTION MAY, IF THE SITUATION SO DICTATES, BE HELD PRIOR THERETO. SUBJECT: On December 18, 1996, the eity Commission passed its Ordinance No. 96-3064 changing the City of Miami Beach 1997 Run-Off election date from Tuesday, November 11, 1997 to Thursday, November 13,1997 -- the Run-Off election date was changed in light of the November 11, 1997 Veterans Day holiday. . Pursuant to Miami Beach eity eode Section 10-5 entitled" Canvass of returns; installation of new officers": ". . . in the event a run-off election is necessary, all new officers shall be declared elected subsequent to canvass of election returns on the first Wednesday after said run-off election, at which time the new officers shall be installed and shall enter upon the discharge of their duties. . . .". Accordingly, November 19, 1997 (being the first Wednesday after the November 13, 1997 run-off election) is the scheduled eommission meeting date on which to accept election results and declare candidates elected. 1700 Convention Center Drive - FourtIfJioor - Miami B4 Agenda Item R:5 f-l- Date 10-21-0, l The City Manager and City Attorney have been informed that the potential exists for an absence of quorum at the November 19, 1997 eity Commission meeting, which situation would prevent the acceptance of election returns, as well as the concomitant declaration of elected candidates. In light of the fact that today is the final eity Commission meeting prior to the November 4, 1997 General Election, an emergency ordinance has been drafted amending eity Code Section 10-5 so as to provide that the City eommission meeting occurring on the first Wednesday after a run-off election may, if the situation so dictates, be held prior thereto. This emergency ordinance has been drafted pursuant to authority of Section 2.05 of the eity Charter as a public safety measure, to ensure the continued viability of the eity eommission as a legislative body; as an emergency ordinance, the Charter requires that the Commission pass this measure by a 2/3 vote of its members. KO:sctjean" 4 "\sec 1 0-5 .cm 235