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Resolution 5637 RESOLUTION NO. 5637 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that it is deemed to the best interest of said City to secure the passage, at the 1943 session of the State Legislature, of a bill entitled, "AN ACT Al=`* SECT_I:ON 26 OF THE CiARTER OF THE CITY OF MIAMI BEACH, FLORIDA, BEING CHAPTER 7672, LAWS OF THE STATE OF FLORIDA, ACTS OF 1917, AS AMENDED, SAID CHAPTER BEING ENTITLED "AN ACT TO ABOLISH T9E PRESENT MUNICIPAL GOVERNMENT OF THE TOWN OF MIAMI BEACH, IN THE COUNTY OF DADE AND STATE OF FLORIDA, AND TO EST!BLISH, ORGANIZE AND INCORPORATE A CITY GOVERNMENT FOR THE CITY OF MIAMI BEACH; TO DEFINE ITS TFP''ITCRIAL BOUNDARIES, TO PRESCRIBE ITS JURISDICTION, POWERS AND PRIVILEGES, AND FOR THE EXERCISE OF SAME, AND TO AUTHORIZE THE IMPOSITION OF PENALTIES FOR THE ITIOLATION OF ITS ORDINANCES, " BE IT FURTHER RESOLVED that copies of this Resolution and of said bill be furnished to the Hon. Ernest R. Graham, the Hon. Mir^hall C. '`liseheert, the ::on. C. '.i. Peters, an_ the Hon. R. B. Gautier, Jr. , members of the State Legislature from Dade County, and that they each be respectfully requested to see that a bill, substantially in accordance with said copy be introduced and passed at said session. PASSED and ADOPTED this lith_dey of March, A. D. 1943. 4/i :?" foe Mayor Attest: Air "City Clerk A BILL TO BE ENTITLED -- AN ACT AMENDING SECTION 26 OF THE CHARTER OF THE CITY OF MIAMI BEACH, FLORIDA, BEING CHAPTER 7672 LAWS OF THE STATE OF FLORIDA, ACTS or 1917, AS AMENDED, SAID CHAPTER BEING ENTITLED "AN ACT TO ABOLISH THE PRESENT MUNICIPAL GOVERNMENT OF THE TOWN OF MIAMI BEACH, IN THE COUNTY OF DADE AND STATE OF FLORIDA, AND TO ES"ABLISH, ORGANIZE, AND INCORPORATE A CITY GOVERNMENT FOR THE CITY OF MIAMI BEACH; TO DEFINE ITS ARRITORIAL BOUNDARIES, TO PRESCRIBE ITS JURISDICTION, POWE5 AND PRIVILEGES, AND FOR THE EXERCISE OF SAME, AND TO AUTHORIZE THE IMPOSITION OF PENALTIES FOR THE VIOLATION OF ITS ORDINANCES. " BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: SECTION 1. That Section 26 of Chapter 7672, Laws of Florida, Acts of 1917, be amended to reed as follows: "Section 21. No ordinance giving or granting any franchise or right to the use of any street or public way for the purpose of operating along, across, over or under the surface of same any street railroad, water works, telephone, gas, or electric business, or other business requiring the use of mains, pipes, wires, or conduits, in, on, over, or under any stret or other public way, shall become a law until the same has been approved by a majority of the qualified voters of the City of Miami Beach voting thereon at a genaral election or at a special election held for such pervemee; provided, however, that ordinances providing for revocable permits, for periods of not over one year, to operate taxicabs, buses, and similar means of transportation over the surface of the streets, may become laws without such approval. Al]. ordinances of the City of Miami Beach, after having been Passed by the City Council, shall before becoming a law, be posted in three conspicuous places in the City of Miami Beach, one of Which shall be at the City Hall or at the door of the building used for City Hall purposes, for a period of thirty (30) days; Pro- vided, however, that nothing herein contained shall prevent the City 6ouncil at any time from appointing some person or pereons andauthorizing him or them to arrange, codify, add to and supalement the ordinances of the City of Miami Beach, and.. publishing such ordinances in an appropriate volume or volumes, which said ordinances when so published under the direction of the City Council, as afore- said, shall become the laws of the City of Miami Beach upon its or their adoption by ordinance, which said ordinance so passed, publishing and adopting said city code, shall be posted as herein- before provided, and in such event it shall not be necessary to post said code, codification, volume or volumes, but the posting of the ordinance adopting the same shall be sufficient to make the ordinances contained in said code binding as the law of said City, in the event, however, of the publication of said code as aforesaid, R. sufficient number of copies shall be published. to furnish the Municipal Judge, the City Attorney, and each member of the City Council with a copy thereof, and so many additional copies as the City Council may deem proper. PROVIDED, that upon the presentation to the City Council of e petition or petitions signed by the qualified electors therein, in number eoual to ten (10) per cent of the registration asking for a submission to the electors of a measure fully set forth in said petition or petitions, being a measure that said body might itself adopt, it must either adopt such measure without alteration or submit the same to its electorate to .the next succeeding city election occurring subsequent to sixty days after the filing of said netition or petitions. But if said netition or 7-)etitions are signed by qualified electors in number equal to fifteen per cent (15%) of said registration, then such measure, if not so adopted by the said City Council, must be submitted, to such electorate at a special election to be called within sixty days from the filing of such petition or petitions. If such proposed measure is a measure that the City Council might adopt except for the fact that it involves the repeal or the amend— ment of a measure adopted by the electorate as herein nrovided, and if in such case said petition or petitions are signed by qualified electors in number equal to twenty—five ( 7,5) per cent of said registration, then such proposed measure must be submitted to the electors of said City at the next succeeding City election occurring subsenuent to sixty days after the filing of said petition or netitions. Any measure that the said City Council or the electorate of the City has authority to adopt, as herein provided, said City Council may submit to a vote of its constituent electors at a general or special election. L'xcept as herein provided, no penal ordinance or measure and no ordinance or measure granting, making or authorizing any contract (except contracts for improvements, the expenses whereof are defrayed by special local assessments and con— tracts where the subject matter involved is less than One Thousand ( $1,00.00) Dollars, passed by the said, City Council, ) shall go into effect in less than forty (40) days after its final passage, but ordinances and contracts declared by the City Council to be necessary for the immediate preservation of the public peace, health or safety, passed by a majority vote of the said Council, and not obligating the City for a longer period of time than one year, may go into effect at the will of the City Council adopting the same. If within said forty days a petition or petitions signed by qualified electors of the City in number equal to ten (10) per cent of said registration is filed with the City Clerk asking that any penal ordinance or measure granting and franchise or privilege, or making or authorizing any contract (except contracts for improve— ments, the expenses whereof are defrayed by special local assessment and contracts where the subject matter involved does not exceed one Thousand ( 1,000.00) Dollars, adopted by the City Council) be submitted to said electorate, then such ordinance or measure must either be repealed or submitted to the electors for approval or rejection at the next succeeding City election occurring subsequent to sixty (60) days after the filing of said petition or petitions, or at a special election called prior to such general election, and if such ordinance or measure has not gone into effect before the filing of such petition or petition and such petition or netitions are signed by qualified electors of the City in number equal to fifteen (15 ) per cent of !laid registration, then said ordinance or measure shall not go into effect until and unless adopted at such election, and no ordinance or measure once so submitted shall be again so submitted except by a vote of the City Council or on a petition signed by twenty—five ( 25) per cent of the said registration. If the majority of votes cast on an orrlinance or measure, referred, as herein provided, to the electors of the City shall be in favor thereof, it shall, if not already in effect, go into effect ten days after the officirl count shall be determined, otherwise such ordinance or measure shall be repealed or rejected. Such reneal shell take effect ten days after the official count shall be determined. No ordinance or measure apnroved by an electorate under the provisions of this section shall be subject to veto or to be amended or repealed except by a vote of the same electorate or by legislative authority. If the nrovisions of two or more measures approved and adopted at the came election conflict, then the measure receiving the highest affirmative vote shall control. Any member of the Council may be recalled and removed therefrom by the electors of the City as herein nrovided. Any twenty-five qualified electors of the City may make and file with the City Clerk an affidavit containing the name or names of the Councilman or Councilmen whose removal is sought and a statement of the grounds for removal. The Clerk shall thereupon prepare petition blanks for such removal on nrinted forms which he shall keep on hand . The petition must be signed before the City Clerk or his deputy, at the City Hell, and not elsewhere, by registered voters of the City to the number of at least ten per cent (10 ) of the number of elec- tors who cast their votes at the last precedinc general City election, and to every such signature shall be added the °lace of residence of the signer, giving the street number or other description sufficient to identify the place. The recall petition, to be effective, must be com- pleted within thirty (30) days after the filing of the affidavit. No person shall be ellzible to sign more than one recall affi- davit during any neriod of twelve months. After the Clerk is satisfied that the required number of registered voters have signed the petition, in accordance with the foregoing provisions, and after he shall have been notified that those originally filing the affidavit consider the petition sufficient and are ready to have it submitted to the City Council, said notification being in writing and signed by at least ten of the original twenty-five qualified electors who filed the affidavit, the Clerk shell submit the petition to the City Council at its next regular meeting, together with his certificate showing that the petition has been signed by the requisite number of registered voters. The Council shall thereupon, within ten (10) days of the receint of the Clerkts certificate, order an election to be held not less than thirty (30) days nor more than forty-five (45) days thereafter. PR0VID7D, that if any other municipal election is to occur within sixty (60) days after the receipt of said certificate, the Council may in its discretion nrovide for the helding of the removal election on the date of such other municipal election. Unless the Councilman or Councilmen whose removal is sought shall have resigned within ten (10) days after the receipt by the Council of the Clerkts certificate, the form of ballot at such election shall be as nearly as may be: "Shall A be recalled? " "Shall B be recalled? , etc. , the name inserted in place of A,B, eta. , and the ballot shall also contain the names of the candidates to be elected in nlace of the Councilman or Councilmen recalled, as follows: "Candidates for the place of A, if recalled; candidates for the place of B, if recalled", etc. , but the Councilman or Councilmen whose recall is sought shall not themselves be candidates upon such ballot. The name of any elector of the City shall be printed. A as a CANDIDATE FOR COUNCILMAN at such recall election for the place of the Councilman to be recalled when a petition in sub— stantially the form provided in Section 312, compiled General Laws of Florida, 1927, shall be filed in his behalf with the City Clerk, and such petition shall have been signed by at least twenty—five registered voters in the municipality and filed with the City Clerk not less than twenty ( 20) days before such recall election. In case a majority of those voting for and against the recall of any Councilman shall vote in favor of recalling such official he shall be thereby removed, and in that event the candidate who receives the highest number of votes for his place shall be elected thereto for the balance of the unexpired term. If the Councilman or Councilmen sought to be removed shall have resigned within ten (10) days after the receipt by the Council of the Clerk' s Certificate referred to in this section above, the form of ballot at the election shall be the same, as nearly as may be, as the form in use at n regular municipal election. Should the Council fail or refuse to order an election as herein provided within the time required, such election may be ordered by any State Court of general jurisdiction. SECTIN 2 All laws or narts of laws in conflict herewith are hereby repealed. SECTIN 3. This Act shall take 'effect immediately upon its becoming a law. • (1) -p M 0 0 k.c, rri Lc\ (I) N Ck N • 5I= .-. O <4 oo 0 +3 +' rah H P+3 N F-1 41 U o S O N rT1 5-1 0 C +-� + C-T1 id 0 c13 W 0Uno