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Resolution 10385 RESOLUTION NO. 10385 BE IT RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the following proposed amendment to Section 8 and re- peal of Section 40 of Chapter 7672, Laws of Florida, Acts of 1917, as amended, shall be submitted to the voters of the City of Miami Beach for their approval or rejection at a special election to be held in the said City on the 22nd day of November, 1960° "SECTION 1. That Section 8 of Chapter 7672, Laws of Florida, Acts of 1917, as amended, be and the same is hereby amended to read as follows. "Section 8. All persons who hold office in the City government by virtue of an election by the people or who are appointed by the City Manager or the City Council to any City office created by law or prescribed by ordinance pursuant to the provisions hereof, shall be held and deemed to be City officers of the City of Miami Beach; that the government of said City shall be vested in a Mayor, aVice-Mayor, a City Council, a City Manager, a Municipal Judge, a Chief of Police, a City Clerk, a City Collector, a City Assessor, a City Auditor, and a City Attorney, and such other officers as may be appointed or elected in pursuance of law. ?he City Council shall consist of seven (7) members, one of whom shall be the Mayor, and all of whom shall be legally qualified voters of the City, and residents of the City for at least one year prior to their qualification as candidates for election to the office of councilman or mayor. The seven (7) members who shall hold office immediately prior to the election to be held in June, 1961, shall hold office until the expiration of the terms for which they were elected and in the general election to be held in said City in June, 1961 there shall be four (4) members of the said City Council elected, one of whom shall be the Mayor, and the councilmen shall hold office for a term of four (4) years, and the Mayor shall hold office for a term of two (2) years; at the general election held in June, 1963 there shall be three (3) members of the said City Council elected, one of whom shall be the Mayor, and the councilmen so elected shall hold office for a term of four (4) years, and the Mayor shall hold office for a term of two (2) years, and a general election shall be held in June every two (2) years thereafter to fill the positions of those councilmen and of the Mayor whose terms shall have ex- pired. A primary election for the nomination of candidates for City Council shall be held on the last Tuesday in May, 1961, and in May biennially thereafter. The City Council, one of whom shall be the Mayor, shall all be elected from the City at large, in groups numbered from I through VII in the manner hereinafter set forth. "Group I shall include the candidate for the office of councilman who received the highest number of votes in the general election held in the City of Miami Beach for the elec- tion of councilmen in June, 1957. Groups II and III, respec- tively, shall include the candidates for the office of council- man in said election who received the second and third highest number of votes respectively. Group IV shall include the candidate for the office of councilman who was elected for a two-year term in the general election held in the City of Miami Beach for the election of councilmen in June, 1959. " "Groups V through VII respectively, shall include the candidates for the office of councilman who received the high- est, second and third highest number of votes respectively in the general election held in the City of Miami Beach for the election of councilmen in June, 1959. - 1 - 1 "The Mayor shall be elected by the electors from the candidates for councilmen who qualify and file for said of- fice. All persons desiring to qualify for councilman shall file in one of the Groups numbered I through VII. "Any qualified candidate for the office of councilman except an incumbent councilman whose term does not expire with such election may qualify as a candidate for the of- fice of Mayor. An incumbent councilman whose term expires with such election shall qualify for the group occupied by him, and no other. "If a candidate for the office of councilman receives a majority of votes in the primary election in his group he shall be considered elected. If there be no majority in a group, the two candidates for election to the office of councilman who receive the greatest vote in the primary election in such group shall be placed on the ballot in the general election following the primary. The candidate for election receiving the greatest vote in such general election, having otherwise qualified, shall be deemed elected to the office of councilman in the group in which he has qualified. "No candidate for the office of Mayor shall be deemed elected thereto unless he shall also be a successful candidate for election to the office of councilman at the primary or general election. "In the event that there is no qualified candidate for Mayor, as herein provided, the City Council shall, at the first meeting after each general election, which meeting shall be within three (3) days after the general election, elect a Mayor from its membership, and in the event that no general election shall be required, and there is no qualified candidate for Mayor as herein provided, the city council shall elect a Mayor from its membership at its first meeting in June following said primary election. "The name of the candidates for the office of .Mayor shall not appear upon the ballot to be used at the primary election and shall not be voted upon at said election, and the name of no candidate for the office of Mayor shall appear upon the ballot to be used at the general election unless such candidate shall have been elected to the office of councilman at the primary election or the name of such can- didate shall also appear upon the ballot to be used at the general election as a candidate for the office of councilman. "Primary and general elections shall be non-partisan 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 (45) 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 ($100.00) as a qualifying fee for the office of councilman and an addi- tional One Hundred Dollars ($100.00) as a qualifying fee for the office of Mayor if he desires to qualify for such office, 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 and group number of the office or offices 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. - 2 - "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 ordinances or laws of the City of Miami Beach or of the State of Florida relating to the election or registration of electors. 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 of America. Such oath or affirmation shall be substantially in the follow- ing form "STATE OF FLORIDA) SS: COUNTY OF DADE) 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 19 (Authorized Officer) " The City Council shall, by ordinance, prescribe the manner of holding primary elections, general elections and special elections not inconsistent with the provisions hereof, and shall, by ordinance or resolution, provide for registra- tion for said elections, and the City Council shall, also by ordinance or resolution, prescribe polling places in the various voting precincts in the City. The Mayor shall be the presiding officer at the meet- ings of the Council and shall bear the title of Mayor and shall have a voice and a vote in the proceedings of the City Council but no veto power, and he may use the title of Mayor - 3 "in any case in which the execution of legal instruments in writing or other necessity arising from the general laws of the state so requires; he shall sign all deeds, contracts, bonds or other instruments of writing to which the City is a party when authorized so to do by ordinance or resolution of the City Council, but he shall not have the administrative or judicial functions and powers of a mayor under the general laws of the state. He shall be recognized as the official head of the city by the courts for the purpose of serving civil processes, by the governor in the exercise of military law and for all ceremonial purposes and he shall, in addition thereto, perform such other duties as may be by ordinance prescribed by the city council. The city council, shall, at its first meeting after each general election, which shall be within three (3) days after the general election, elect from its membership a vice-mayor who, during the absence or disability of the mayor, shall perform the duties of the mayor. In the absence or disability of both the mayor and vice-mayor the said duties shall be performed by another member appointed by the council. The city council shall meet at such times as may be prescribed by ordinance or resolution except that it shall meet regularly not less than twice each month. The mayor, or the city manager, may call special meetings of the council upon at least twenty-four (24) hours' written notice to each member, served personally, or left at his usual place of abode; provided, however, that the requirement of such written notice may be waived at a special meeting by the unanimous vote of the council. No member of the city council shall, during the time for which he was elected be appointed or elected to any city office that has been created or the emoluments whereof shall have been increased during such time." " SECTION 2. That Section 40 of Chapter 7672, Laws of Florida, Acts of 1917, as amended, be and the same is hereby repealed. "SECTION 3 . That all laws or parts of laws in conflict with the provisions of this Act be and the same are hereby repealed. SECTION 4. 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. " PASSED AND ADOPTED this 14th day of September, 1960. i Mayor ATTEST: City Cle - 4 - O 4t Q) d 01 0 •r-I H -p -NO 0 •r, Cr) OO Q) 4-) N O 9r1 -1-) H UN a H Cf) N Q) a • tIaa � H '0 cd f4i z U2 S"-. 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