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Resolution 11398 RESOLUTION NO. 11398 BE IT RESOLVED by the City Council of the City of Miami Beach, Florida, pursuant to the provisions of Section 5. 03 of the Home Rule Charter of Metropolitan Dade County, that the following proposed Amendments to Section 8 and Section 40 of Chapter 7672 , Special Acts, 1917, as amended, and also being Section 8 and Section 40 of the Charter as set forth in the Code of the City of Miami Beach, Florida, shall be submitted to the voters of said City for their approval or rejection at an election to be held on the 1st day of June, 1965: A. That Section 8 of said Act, Charter and Code be and the same is hereby amended to read as follows: "All persons who hold office in the city government by virtue of an election by the people or who are appointed by the city man- ager 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, a vice- 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. The city council shall consist of seven (7) members who shall be legally qualified voters of the city. The seven (7) members who shall hold office imme- diately prior to the election to be held in June, 1965, shall hold office until the ex- piration of the terms for which they were elected. In the general election to be held in said city in June, 1965, there shall be three (3) members of the said city council elected, one being elected for each Group numbered I, II and III respectively, as said groups are hereinafter designated, and each of whom shall hold office for a term of four (4) years, and there shall also be a mayor elected, who shall hold office for a term of two (2) years. At the general election to be held in June, 1967, there shall be three (3) members of the city council elected, one being elected for each Group numbered IV, V and VI respectively, as said groups are hereinafter designated, and each of whom shall hold office for a term of four (4) years, and there shall also be a mayor elected for a term of two (2) years; and a general election shall be held in June every two years thereafter to fill the offices of those councilmen and the office of mayor whose terms shall have expired. City councilmen and the mayor shall be elected from the city at large. The city councilmen shall be elected for Groups numbered and designated I through VI in the manner hereinafter set forth: - 1 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 Those offices of councilman held by the persons who received the highest, second and third highest number of votes respectively in the general election held in the City in June, 1961 are hereby designated as Groups I, II and III respectively, and those offices of council- man held by the persons who received the highest, second and third highest number of votes respectively in the general election held in the City in June, 1963, are hereby designated as Groups IV, V and VI respectively. In the general election to be held in June, 1965 for the election of councilmen and the mayor, an incumbent councilman who seeks re-election to the office of councilman, whose term expires with said election, may qualify for election for either Group I, Group II or Group III, provided, however, that he shall designate the Group for which he seeks election not later than ten days be- fore the last day for qualifying as a candi- date in the said general election to be held in June, 1965. Following the said general election to be held in June, 1965, an incumbent council- man seeking re-election to the office of councilman may thereafter qualify only for the Group then occupied by him, and no other. No candidate for the office of council- man shall be permitted to qualify in more than one Group, or for the office of mayor. Commencing in May, 1967 , a primary election shall be held on the third Tuesday in May of each year in which a general elec- tion is held for the election of councilmen and of the mayor. Each candidate receiving a majority of the votes cast in the primary election shall be declared elected. A general election shall be held as provided herein in all contests where a candidate does not re- ceive a majority. The names of the candidates placing first and second in the primary elec- tion shall be placed on the ballot in the general election in all contests wherein no candidate received a majority of the votes cast in the primary election, provided, however: (a) In all contests wherein there is a tie for first place in the primary election, only the names of the candidates so tying shall be placed on the ballot in the general election. - 2 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 (b) In all contests wherein there is a tie for second place in the primary election and the candidate placing first did not re- ceive a majority of the votes cast, then in that event, only the names of the candidates placing first and tying for second shall be placed on the ballot in the general election. The candidate who shall receive the highest number of votes cast for the particu- lar office to be filled in the general elec- tion shall be deemed elected. In the event that no candidate has qualified in any Group, or for mayor, a vacancy shall be deemed to have occurred, and shall be filled as provided by the Charter of the City of Miami Beach for the filling of a vacancy in the office of councilman. The mayor shall be the presiding officer at the meetings 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 in any case in which the execution of legal instruments in writing or other ne- cessity 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 resolu- tion 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 member- ship a vice-mayor who during the absence or disability of the mayor, shall perform the duties of the mayor. In the absence or dis- ability 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 - 3 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 council upon at least twenty-four (24) hours ` written notice to each member, served person- ally, 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. " B. That Section 40 of said Act, Charter and Code be and the same is hereby amended to read as follows: "Sec. 40. Elections for city officers; quali- fication of candidates for office; primary, general and special elec- tions; polling places. There shall be held in the City of Miami Beach on the third Tuesday in May, 1967 , and biennially thereafter, a primary election, at which all elective officers of the City of Miami Beach shall be nominated or elected, as provided in Section 8 of this Charter. The said primary election shall be conducted as provided by said Section 8, and the general election shall thereafter be held as provided in said Section 8. The City Council shall cause to be placed on the ballot to be used in said primary election the name of any quali- fied elector of the city who, not more than forty-five days nor less than thirty days prior to said primary election, shall have paid to the city clerk for the City of Miami Beach a sum equal to five (5%)percent of the annual salary of the office of councilman as a qualifying fee and shall have been photo- graphed and fingerprinted by the identifica- tion bureau of the police department of the city, and shall have taken, signed and sub- scribed 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 re- quired by this section; (7) that he has not violated any of the ordinances or laws of the City of Miami Beach or 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 - 4 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 group that seeks to overthrow the government or the Constitution of the United States of America. Such oath or affirmation shall be substan- tially in the following 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 (Group Number ) (or Mayor) 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 election or registra- tion 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 govern- ment 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 City council shall, by ordinance, pre- scribe the manner of holding primary, general and special elections not inconsistent with the provisions hereof, and shall, by ordinance or resolution, prescribe polling places in the various voting precincts in the city. " PASSED and ADOPTED this 24th day of March, 1965. 4w. , ayor ATTEST: / _7.21-Pr City Cle - 5 - OFFICE OF CITY ATTORNEY - 1130 WASHINGTON AVENUE - MIAMI BEACH, FLORIDA 33139 4-1 (1 0 r r-I C4 O .I-) Z (d 1 zH O U-1-) t7 H H E-i rd (1) a) 0 a r0 0 00 cn �,(1) �a o � a