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2003-25390 Reso RESOLUTION NO. 2003-25390 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A RUN-OFF ELECTION TO BE HELD ON NOVEMBER 18, 2003 IN THE CITY OF MIAMI BEACH FOR THE PURPOSE OF ELECTING A CITY COMMISSIONER IN GROUP # IV; PROVIDING FOR CONDUCT OF SAME BY THE MIAMI-DADE COUNTY ELECTIONS DIVISION; PROVIDING THAT VOTING PRECINCTS SHALL BE THOSE AS ESTABLISHED BY MIAMI-DADE COUNTY; PROVIDING FOR NOTICE OF ELECTIONS; PROVIDING FOR THE FORM OF BALLOT; PROVIDING FOR ABSENTEE BALLOTING AND REGISTRATION OF VOTERS IN ACCORDANCE WITH STATE LAW; PROVIDING FOR PAYMENT FOR CONDUCTING ELECTION TO MIAMI-DADE COUNTY. BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA: SECTION 1 In accordance with provisions of the Charter of the City of Miami Beach, Florida, a Run-Off Election is hereby called and directed to be held in the City of Miami Beach, Florida, from 7 :00 a.m. to 7 :00 p.m. on November 18, 2003 for the purpose of electing a City Commissioner in Group # IV, * who shall hold office for the term as provided by law. SECTION 2 That the appropriate and proper Miami-Dade County election officials shall conduct the said Run- Off Election hereby called, except for acceptance of the certification of the results of said Run-Off Election, which duty shall be performed by the City Commission. The official returns for each precinct shall be furnished to the City Clerk ofthe City of Miami Beach as soon as the ballots from * Mayor David Dermer, Commissioner Luis R. Garcia (Group # V) and Commissioner Matti Herrera Bower (Group # VI), having received a majority of votes cast (in their respective seats) in the November 4,2003 City of Miami Beach General Election, shall be declared elected on November 19, 2003, subsequent to canvass of election returns from the November 18, 2003 City of Miami Beach Run-Off Election. 1 all precincts have been tabulated on the night of said Run-Off Election. SECTION 3 That the said voting precincts in the City of said Run-Off Election shall be established by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the OFFICIAL REGISTRATION BOOKS show that the said electors reside. Registration of persons desiring to vote in said Run-Off Election shall be in accordance with the general law of the State governing voter registration. SECTION 4 Notice of said Run-Off Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami.Dade County, Florida. SECTION 5 The notice of election shall be substantially in the following form: "THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF RUN-OFF ELECTION NOTICE IS HEREBY GIVEN that a Run-Off Election has been called by the City Commission ofthe City of Miami Beach, Florida, and will be held in said City from 7:00 a.m. until 7:00 p.m. on the 18th day of November, 2003, for the purpose of electing one (1) City Commissioner in Group # IV who shall hold office for term as provided by law." Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said election. SECTION 6 That the official ballot to be used in the Run-Off Election to be held on November 18, 2003, hereby called, shall be in substantially the following form, to wit: 2 "OFFICIAL BALLOT" RUN-OFF ELECTION FOR ELECTING A COMMISSIONER (GROUP # IV) OF THE CITY OF MIAMI BEACH, FLORIDA ON NOVEMBER 18, 2003 FOR CITY COMMISSIONER GROUP IV Simon Cruz Jacob "Hank" Sopher The City Clerk shall prepare the ballot so that the names of qualified candidates will appear on said ballot in alphabetical order according to surname; provided, however, that said ballot and its preparation shall be such as to permit compliance with the Laws of the State of Florida with respect to the use of an electronic voting system. SECTION 7 That the absentee voters participating in said Run-Off Election shall be entitled to cast their ballots in accordance with the provisions of the Laws ofthe State of Florida with respect the absentee voting. SECTION 8 That the City of Miami Beach shall pay all expenses for conducting this Run-Off Election and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Miami-Dade County, Florida. 3 approved by the Supervisor of Elections of Miami-Dade County, Florida. SECTION 9 This resolution shall be effective immediately upon its passage. ATTEST: PASSED and ADOPTED this 5t Uwtp~~ CITY CLERK JKOIkw(F:latto\OLlJ\ELECTION\RESOlRUN OFF GEN-NOV 2003.doc 4 APPROVED AS TO FORM & LANGUAGE & FOR EXECUTION 1!t(lJtlt /i-5-oJ Dele OFFICE OF THE CITY ATTORNEY ~~ tf JIUomi lIt'1lM F L o R D A MURRAY H. DUBBIN City Attorney Telephone: Telecopy: (305) 673-7470 (305) 673-7002 COMMISSION MEMORANDUM DATE: NOVEMBER 5,2003 TO: MAYOR DAVID DERMER MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE GONZALEZ FROM: MURRAYH.DUBBIN~I~ CITY ATTORNEY ''l\ SUBJECT: CITY OF MIAMI BEACH GENERAL ELECTION RESULTS AND CALLING RUN-OFF ELECTION The attached Resolutions formally adopt the certificate of results of the City of Miami Beach November 4, 2003 General Election, adjourn the Canvassing Board for said election, and call for the City of Miami Beach November 18, 2003 Run-Off Election, made necessary as a result of no candidate for Commission Group # IV from the General Election having received a majority ofvotes cast. Accordingly, and pursuant to Miami Beach City Charter Section 2.01, a Run-Off Election shall be called for November 18 2003 between the two candidates for Commission Group # IV receiving the highest number of votes in the General Election. lKOled F:\atto\OLlJ\ELECTION\RESO\CMEMO\RUN-OFFNOV 2003.doc 1700 Convention Center Drive -- Fourth Floor - Miami Beach, Florida 33139