97-3101 ORD
ORDINANCE NO.
97-3101
AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA AMENDING
MIAMI BEACH CITY CODE SECTION 10-5 ENTITLED "CANVASS OF
RETURNS; INSTALLATION OF NEW OFFICERS", BY PROVIDING THAT
IN THE EVENT A RUN-OFF ELECTION IS NECESSARY THE CITY
COMMISSION SHALL MEET ON THE DAY AFTER SAID RUN-OFF
ELECTION AND IN THE EVENT A RUN-OFF ELECTION IS NECESSARY,
ALL NEW OFFICERS SHALL BE DECLARED ELECTED SUBSEQUENT
TO CANVASS OF ELECTION RETURNS ON THE FIRST DAY AFTER
SAID RUN-OFF ELECTION; PROVIDING FOR CODIFICATION,
REPEALER, SEVERABILITY, AND AN IMMEDIATE EFFECTIVE DATE.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1.
That Miami Beach City Code Section 10-5 entitled" eanvass of returns; installation of new
officers" is hereby amended to read as follows:
Sec. 10-5.
Canvass of returns; installation of new officers.
The city commission shall meet on the first Wednesday after a general election or as soon
thereafter as practicable, and in the event a run-off election is necessary the city commission shall
meet on thc fir3t Vlcdncsday day after said run-off election, for the purpose of canvassing the returns
of such election( s) and ascertaining the results thereof. Should no run-off election be necessary, new
officers shall be declared elected subsequent to canvass of election returns on the first Wednesday
after the general election (or as soon thereafter as practicable), at which time the new officers shall
be installed and shall enter upon the discharge of their duties; and in the event a run-off election is
necessary, all new officers shall be declared elected subsequent to canvass of election returns on the
first W cdncsday day after said run-off election, at which time the new officers shall be installed and
shall enter upon the discharge of their duties. Moreover, in the event a nm-off election is necessary,
the commission meeting occurring on the first Wednesday after the general election shall occur for
the limited purpose of canvassing the returns of such general election.
SECTION 2.
CODIFICATION
It is the intention of the Mayor and City Commission of the eity of Miami Beach, and it is
hereby ordained that the provisions of this ordinance shall become and be made a part of the Code
ofthe City of Miami Beach, Florida. The sections of this ordinance may be renumbered or relettered
to accomplish such intention, and the word "ordinance" may be changed to "section", "article," or
other appropriate word.
SECTION 3.
SEVERABILITY
If any section, sentence, clause or phrase of this ordinance is held to be invalid or
unconstitutional by any court of competent jurisdiction, then said holding shall in no way affect the
validity of the remaining portions of this ordinance.
SECTION 4.
REPEALER
All ordinances or parts of ordinances in conflict herewith be and the same are hereby
repealed.
SECTION 5.
EFFECTIVE DATE
This Ordinance shall take effect immediately.
PASSED and ADOPTED this 21st day of
October
, 1997.
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ATTEST:
MAYOR
CITY CLERK
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OFFICE OF THE CITY ATTORNEY
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MURRAY H. DURBIN
City Attorney
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. (ll-CJl
DATE: OCTOBER 21,1997
TO:
MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JOSE GARCIA-PEDROSA
FROM:
MURRAY H. DUBBIN , J) ,. OO~
CITY ATTORNEY .1)A. ~
EMERGENCY ORDINANCE AMENDING MIAMI BEACH CITY CODE
SECTION 10-5 ENTITLED "CANVASS OF RETURNS; INSTALLATION OF
NEW OFFICERS" PROVIDING THAT THE CITY COMMISSION
MEETING OCCURRING ON THE FIRST WEDNESDAY AFTER A RUN-
OFF ELECTION MAY, IF THE SITUATION SO DICTATES, BE HELD
PRIOR THERETO.
SUBJECT:
On December 18, 1996, the eity Commission passed its Ordinance No. 96-3064 changing
the City of Miami Beach 1997 Run-Off election date from Tuesday, November 11, 1997 to
Thursday, November 13,1997 -- the Run-Off election date was changed in light of the November
11, 1997 Veterans Day holiday. .
Pursuant to Miami Beach eity eode Section 10-5 entitled" Canvass of returns; installation
of new officers": ". . . in the event a run-off election is necessary, all new officers shall be declared
elected subsequent to canvass of election returns on the first Wednesday after said run-off election,
at which time the new officers shall be installed and shall enter upon the discharge of their duties.
. . .". Accordingly, November 19, 1997 (being the first Wednesday after the November 13, 1997
run-off election) is the scheduled eommission meeting date on which to accept election results and
declare candidates elected.
1700 Convention Center Drive - FourtIfJioor - Miami B4
Agenda Item R:5 f-l-
Date 10-21-0, l
The City Manager and City Attorney have been informed that the potential exists for an
absence of quorum at the November 19, 1997 eity Commission meeting, which situation would
prevent the acceptance of election returns, as well as the concomitant declaration of elected
candidates. In light of the fact that today is the final eity Commission meeting prior to the
November 4, 1997 General Election, an emergency ordinance has been drafted amending eity Code
Section 10-5 so as to provide that the City eommission meeting occurring on the first Wednesday
after a run-off election may, if the situation so dictates, be held prior thereto. This emergency
ordinance has been drafted pursuant to authority of Section 2.05 of the eity Charter as a public
safety measure, to ensure the continued viability of the eity eommission as a legislative body; as
an emergency ordinance, the Charter requires that the Commission pass this measure by a 2/3 vote
of its members.
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