96-3064 ORD
ORDINANCE NO. 96-3064
AN ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA, CHANGING THE CITY
OF MIAMI BEACH 1997 RUN-OFF ELECTION
DATE FROM TUESDAY, NOVEMBER 11, 1997
TO THURSDAY, NOVEMBER 13 1997;
PROVIDING FOR REPEALER,
SEVERABILITY AND EFFECTIVE DATE.
BE IT ORDAINED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA that:
SECTION 1.
WHEREAS, the 1997 City of Miami Beach General Election is November 4, 1997 with the
scheduled run-off date to fall on November 11, 1997, which date is the Veteran's Day holiday; and
WHEREAS, Section 100.3605(2), Florida Statutes, authorizes a governing body of a
municipality to change dates for election of members of the governing body of the municipality by
ordinance; and
WHEREAS, in light of the fact that the subject legal holiday falls on the date of the City's
scheduled run-off election, it is necessary that the run-off date for the November 1997 General
Election be changed. It has been recommended by the Supervisor of Elections of the Dade County
Elections Department that the run-off election date be changed from Tuesday, November 11, 1997
to Thursday, November 13 1997.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA that the 1997 run-off election
date for the City of Miami Beach General Election shall be changed from Tuesday, November 11,
1997 to Thursday, November 13, 1997.
SECTION 2.
CODIFICATION
It is the intention of the Mayor and City Commission of the City of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code
of the 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.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 4.
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.
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SECTION 5.
EFFECTIVE DATE
This Ordinance shall become effective ten (10) days after passage.
PASSED and ADOPTED this 18th day of December
, 1996.
ATTEST:
Vo L..u J ~ OA-~
CITY CLERK
1st reading 12/4/96
2nd reading 12/18/96
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FORM APPROVEu
LEGAL DEPT..
By /1/1 i:l! ;;Vi___
C::te 1!J. J Iv~_..
3
OFFICE OF THE CITY ATTORNEY
~ tlJIUomi 1ImM
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MURRAY H. DUBBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. G, l\ \ - q ~
TO:
MAYOR SEYMOUR GELBER DATE: OCTOBER 23,1996
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JOSE GARCIA-PEDROSA
MURRAY H. DUBBIN )d :I.. 11A (j ,J!v--
CITY ATTORNEY lit!! ; l}/"
I -
FROM:
RE: ORDINANCE CHANGING ELECTION DATE FOR 1997 ELECTION RUN-
OFF ELECTION
The 1997 City of Miami Beach General Election is scheduled for November 4, 1997, with
any Run-Off election date - scheduled for November 11, 1997; inasmuch as the Veterans' Day
holiday also falls on November 11, 1997, the Dade County Supervisor of Elections has suggested
that the City of Miami Beach consider changing its run-off election date. After coordination with
other affected municipalities, it has been recommended by the Dade County Elections Department
that the City of Miami Beach's 1997 Run-Off election date be changed from Tuesday, November 11,
1997 to Thursday, November 13, 1997. Inasmuch as SI00.3605(2), Florida Statutes, authorizes a
governing body of a municipality to change dates for election of members of the governing body of
the municipality by ordinance, the appropriate legislation has been drafted and is presented for your
reVIew.
As a point of information, it should be noted that S10-5 of the Miami Beach City Code states:
. . . in the event a run-off election is necessary the City Commission shall meet on the
first Wednesday after said run-off election, for the purpose of canvassing the returns
of such election(s) and ascertain 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; 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
1700 Convention Center Drive - Fourtb9Jiloor - Miami
Agenda Item f\ 5 A
Date I ~Ja-ql:,_
To:
Mayor Seymour Gelber
Members of the City Commission
City Manager Jose Garcia-Pedrosa
Murray H. Dubbin, City Attorney
Ordinance Changing Election Date for 1997 Election Run-Off Election
October 23, 1996
2
From:
Re:
Date:
Page:
installed and shall enter upon the discharge of their duties. Moreover, in the event
a run-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.
Accordingly, in the event a run-off election is held on Thursday, November 13, 1997, the
Commission meeting of Wednesday, November 5, 1997 shall be held ". . . for the limited purpose
of canvassing the returns of such general election", with the installation of all new officers occuring
at the Commission meeting of Wednesday, November 19, 1997.
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Office of the City Attorney -- 1700 Convention Cen1~1>rive -- Fourth Floor -- Miami Beach, FL 33139