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Resolution 8858 RESOLUTION NO. 8858 BE IT RESOLVED by the City Council of the City of Miami Beach, Florida, that it is deemed to be to the best interest of said City to secure the passage, at the 1955 Session of the State Legislature, of a Bill entitled: "AN ACT AMENDING SECTION 40 OF CHAPTER 7672, LAWS OF FLORIDA, ACTS OF 1917, BEING THE CHARTER OF THE CITY OF MIAMI BEACH, FLORIDA, 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 ESTABLISH, ORGANIZE AND INCORPORATE A CITY GOVERNMENT FOR THE CITY OF MIAMI BEACH, TO DEFINE ITS TERRITORIAL BOUNDARIES, TO PRESCRIBE ITS JURISDICTION, POWERS AND PRIVILEGES, AND FOR THE EXERCISE OF SAME AND TO AUTHORIZE THE IMPOSITION OF PENALTIES FOR THE VIOLATION OF ITS ORDINANCES' ; BY PROVIDING FOR THE METHOD OF ELECTING MEMBERS OF THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, BY PROVIDING FOR A PRIMARY ELECTION FOR THE NOMINATION OF CANDIDATES FOR CITY COUNCIL WHEN THERE ARE MORE THAN EIGHT CANDIDATES QUALIFIED, AND BY PROVIDING FOR THE QUALI- FICATIONS OF CANDIDATES FOR CITY COUNCIL, kAND PROVIDING FOR A REFERENDUM. " BE IT FURTHER RESOLVED that copies of this Resolution and of said Bill be furnished to the Honorable R. B. Gautier, the Honorable George S. Okell, the Honorable W. C . Herrell and the Honorable John B. Orr, Jr. , Members of the Florida Legislature from Dade County, and that they each be respect- fully requested to see that said Bill be introduced and passed at said Session. PASSED and ADOPTED this 9th day of March, A. D. 1955. 4010110.-t.i,,Ai... ....1.041111.6411../.1..; ayor fr Attest : C . o linson, City Clerk By / Deputy C er • OFFICE OF CITY ATTORNEY- CITY HALL- MIAMI BEACH 39, FLORIDA A BILL TO BE ENTITLED AN ACT AMENDING SECTION 40 OF CHAPTER 7672, LAWS OF FLORIDA, ACTS OF 1917, BEING THE CHARTER OF THE CITY OF MIAMI BEACH, FLORIDA, 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 ESTABLISH, ORGANIZE AND INCORPORATE A CITY GOVERNMENT FOR THE CITY OF MIAMI BEACH, TO DEFINE ITS TERRITORIAL BOUNDARIES, TO PRESCRIBE ITS JURISDICTION, POWERS AND PRIVILEGES, AND FOR THE EXERCISE OF SAME AND TO AUTHORIZE THE IMPOSITION OF PENALTIES FOR THE VIOLATION OF ITS ORDINANCES", BY PROVIDING FOR THE METHOD OF ELECTING MEMBERS OF THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, BY PROVIDING FOR A PRIMARY ELECTION FOR THE NOMINATION OF CANDIDATES FOR CITY COUNCIL WHEN THERE ARE MORE THAN EIGHT CANDIDATES QUALIFIED, AND BY PROVIDING FOR THE QUALIFICATIONS OF CANDIDATES FOR CITY COUNCIL, AND 'PROVIDING FOR A REFERENDUM. BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA: SECTION 1 . That Section 40 of Chapter 7372, Laws of Florida, Acts of 1917, be and the same is hereby amended to read as follows : "SECTION 40 . There shall be held in the City of Miami Beach a general election for the election of the members of the City Council on the first Tuesday in June, 1955, and biennially thereafter. A primary election for the nomination of candidates for the City Council shall be held on the last Tuesday in May, 1955 and on the last Tuesday in May biennially thereafter, but in the event that there are no more than eight (8) candidates nominated and legally qualified for the office of City Councilman, no primary election sahll be held. Such primary shall be a non-partisan primary and the City Council shall cause to be printed on the ballot to be used the name of any qualified elector of the City who, not more than forty five (245) days nor less than thirty (30) days prior to the last Tuesday in May immediately preceding the general election shall have paid to the City Clerk of the City of Miami Beach the sum of One Hundred Dollars as a qualifying fee, and shall have been photographed and fingerprinted by the Identification Bureau of the Police Department of the City and shall have taken, signed and subscribed to an oath or affirmation in writing in which he shall state : 1 : The title of the office for which he is a candidate . 2 : That he is a qualified elector of the City of Miami Beach, Florida. 3 : His legal residence by street and number . 4 : Whether or not he has ever been convicted of a felony. 5 : That he is qualified under the ordinances and Charter of the City of Miami Beach, Florida, to hold the office for which he is a candidate . 6 : That he has paid the qualification fee required by this section; 7 : That he has not violated any of the ordin- ances or laws of the City of Miami Beach or of the State of Florida relating to the election : ' stVation- d€" elebtors . 8 : 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 - 2 - of America. Such oath or affirmation shall be substantially in the following form: "STATE OF FLORIDA ) COUNTY OF DADE ) SS. : Before me, an officer authorized to administer oaths, personally appeared to me well known, who, being sworn, says that he is a candidate for the office of City Councilman 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 . (Signature of Candidate) Sworn to and subscribed before me this . . . .day of A. D. 19 (Authorized Officer) '' The names of the eight (u) candidates for nomination to the office of City Councilman who shall have received the greatest number of votes in the primary election shall be placed on the ballot at the next general election; provided, however, that, if there shall be a tie vote for candidates so that there cannot be a determination of the eight (8) candidates for nomination, then the name of the additional candidate or candidates - 3 - who has received such tie vote shall also be placed on the ballot at said general election. At any general election held under the provisions of this Charter the candidates for the office of City Councilman in number equal to the number of Councilmen to be elected who shall have received the greatest number of votes cast shall be declared elected. The City Council shall by ordinance prescribe the manner of holding primary elections, general elections and special elections not inconsis- tent with the provisions hereof, and shall by ordinance or resolution provide for registration for said elections, and the City Council shall also by ordinance or resolution prescribe polling places in the various voting precincts in the City. SECTION 2. That all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed . SECTION 3 . In the event any portion of this Act shall be found by a court of competent jurisdiction to be invalid or unconstitutional the remaining portions thereof shall continue in full force and effect as though such invalid portions thereof had never been included herein. SECTION 41 This act shall become effective upon being approved and ratified by a majority of the qualified electors of the City of Miami Beach, Florida, voting at the next regular municipal election held in said city, provided, however, that should a special election be held prior to the next regular municipal election for any other purpose, then this question shall be voted upon at such special election. 0 U2 0 CO 1-1 r1 In 150 CO 0th O g 4 tfl T-1 Q pq v