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Ordinance 88-2621 ORDINANCE NO. 88-2621 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING CHAPTER 2 OF THE MIAMI BEACH CITY CODE ENTITLED "ADMINISTRATION" BY REPEALING ARTICLE II THEREIN ENTITLED "QUALIFYING AS CANDIDATE FOR CITY COUNCIL" ; PROVIDING FOR SEVERABILITY; REPEALING ALL ORDINANCES IN CONFLICT THEREWITH; AND PROVIDING FOR AN EFFECTIVE DATE. BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA. SECTION 1. That Article II (Miami Beach City Code Sections 2-33 through and including 2-42) entitled "Qualifying as Candidate for City Council" of Chapter 2 of the Miami Beach City Code governing "Administration" reading as follows is hereby repealed in its entirety: Article II. Qualifying as Candidate for City Council Sec. 2-33. To qualify with city clerk; time. Candidates for the office of city councilman or mayor shall qualify with the city clerk not more than forty-five days nor less than thirty days prior to the election for the office of city councilman or mayor. Sec. 2-34. Fee; photographing and fingerprinting; oath. Candidates for the office of city councilman or mayor shall qualify by paying to the city clerk a fee of one hundred fifty dollars as a qualifying fee, by being photographed and fingerprinted by the identification bureau of the city police department and by signing the oath required by this article. Sec. 2-35. Candidates to be qualified electors of city. Candidates for the office of city councilman or mayor shall be qualified electors of the city. Sec. 2-36. Contents, filing and form of oath. Every candidate for the office of city councilman or mayor 1 shall take, sign and subscribe to an oath or affirmation in writing in which he will state, (a) The title of the office for which he is a candidate. (b) That he is a qualified elector of the city. (c) His legal residence by street and number. (d) Whether or not he has ever been convicted of a felony. (e) That he is qualified under this Code, the ordinances and Charter of the city to hold the office for which he is a candidate. (f) That he has paid the qualifying fee required by section 2-34 . (g) That he has not violated any of the ordinances or laws of the city or of the state relating to the election or registration of electors. (h) That he is not a member of nor does he subscribe to the principles of any group that seeks to overthrow the government or the Constitution of the United States of America. Such oath or affirmation shall be filed with the city clerk simultaneously with the payment of the required qualifying fee. Such oath or affirmation shall be substantially in the following form: State of Florida County of Dade Before Me, an officer authorized to administer oaths, personally appeared to me well known who, being by me duly sworn, deposes and says that he is a candidate for the office of (City Councilman) (Mayor) (strike out the inapplicable word or words) for the City of Miami Beach, Florida; that he is a qualified elector of said City; that his legal residence is , Miami Beach, Dade County, Florida; that he has, has not (strike out the inapplicable word or words) been convicted of a felony; that he is qualified under the ordinances and Charter of said City to hold such office; that he has paid the required qualification fee; that he has not violated any of the ordinances or laws of the City of Miami Beach or of the State of Florida relating to the elections or registration of electors, and that he is not a member of, nor does he subscribe to the principles of any group that seeks to overthrow the government or the Constitution of the United States of America. 2 (Signature of Candidate) Sworn to and subscribed before me this day of , 19 (Authorized Officer) Sec. 2-37. Oath to be accompanied by fee. All persons who have paid the qualifying fee, signed the oath or affirmation and who shall have been photographed and fingerprinted, as provided in this article, shall be qualified candidates for the office of city councilman or mayor, as the case may be, at the next election, and the city clerk shall print their names on the ballot in alphabetical order. Sec. 2-38. Names of qualified candidates to be printed on ballot. The city clerk shall not accept any oath or affirmation for filing unless the same is accompanied by the payment of the required qualifying fee. Secs. 2-39 to 2-42. Reserved. SECTION 2 . REPEALER All Ordinances or parts of ordinances in conflict herewith be and the same are hereby repealed. 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. EFFECTIVE DATE This ordinance shall take effect ten (10) days after its adoption, on June 25 , 1988 . PASSED and ADOPTED on this 15th day of .ne , 1988 . MAY. ATTEST: CITY CLERK 1st Reading - June 1, 1988 JKO/rg 2nd Reading - June 15, 1988 F=ORM APPROVED LEG L DEPT. 3 By Date S`/L '444-- • •r-1 vcr� ,q = ctS ' U - 'd r-1 P:1 0 U •r4 O r-1 U •r-1 •1-1 +-1 0 m c>i 4J 0 •r-I I•i G U N 4-) a) 1D U) U •1-1 0 J.) I S: >_.' •rl •rl co 44 CO 4-) E (1) -1 • O C, ,0 O x d H Q) 0 U r-I i-1 4-) +-1 +J U P.•rl r-1 •rl H -0 0 •rl Pa U O OD U 6 0 b ci) •r1 0 OD UI b U G •rl ()JD N › r-1 •r-4 U c-) (y 4-I