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73-14057 • • RESOLUTION NO. 73-14057 WHEREAS, a special election was held in the City of Miami Beach on November 7, 1972, wherein certain proposed charter amendments were submitted to the Electorate of the City of Miami Beach for their approval or rejection, and WHEREAS , in consequence of a discovery that a number of said machines were in improper working order and enabled a multiple vote on a number of the questions so submitted to the Electorate, and WHEREAS, because of the defects of the number of said machines, it was duly determined by the City Council that the validity of said election and the accuracy of the votes cast thereon should be submitted to the determination of Circuit Court in and for Dade County, Florida, and WHEREAS, a decree has been duly entered by the Honorable William A. Herin, Circuit Judge, in ease No. 72-25485, entitled City of Miami Beach v. Joyce Dieffenderfer, et al. , that the said election should be approved and held valid in all respects, and WHEREAS, said decree provided that Questions No. 1; No. 3 ; No. 4 ; No. 5 ; and No. 6 were approved and that Questions No. 7 through No. 10 were rejected, and WHEREAS, the City Attorney has recommended that no appeal be taken from said decree and that the said decree be accepted as being final and determinative, NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that pursuant to the said decree of the Circuit Court of Dade County, Florida, it hereby adopts the said Final Decree as to the results of said election and that the said Decree be recorded in the minutes of this meeting as a permanent record, BE IT FURTHER RESOLVED BY THE CITY COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that in the said election of November 7, 1972, Questions No. 1; 3 ; 4; 5 ; and 6 were approved and Questions No. 7 through 10 were rejected. PASSED and ADOPTED this 18th day of July , 1973 . m44-111-41-..( Mayor Attest: Acting City Clerk OFFICE OF CITY ATTORNEY-11 30 WASHINGTON AVENUE-MIAMI BRACH, FLORIDA 33139 i IN THE CIRCUIT COURT OF THE ELEVENTH JUDICIAL CIRCUIT IN AND FOR DADE COUNTY, FLORIDA GENERAL JURISDICTION DIVISION NO. 72-25485 (Judge Herin) CITY OF MIAMI BEACH, a ) Florida municipal corporation, ) Plaintiff, ) vs. ) JOYCE DIEFFENDERFER, ) Acting Supervisor of Elections, Dade County, ) State of Florida, et al. , ) Defendants. ) FINAL JUDGMENT Final hearing in this cause was advanced at the request of Plaintiff in order that this matter involving the method of election of Councilmen and the Mayor could be resolved well in advance of the municipal election to be held November 6 , 1973 in the City of Miami Beach. Plain- tiff seeks a declaratory decree and requests the Court to determine the validity of the election held November 7, 1972 at which Charter Amendments and a referendum were submitted to the electorate and to declare the results of such election . Defendants Smith and Shockett request the Court to declare Questions Nos. 5 and 6 were duly adopted at this election. Defendant Dieffenderfer as acting Dade County Supervisor of Elections asked to be dismissed as a party to this action on the ground that she has no interest of the outcome of the case. The ballot for the special municipal election of November 7, 1972 contained as Questions Nos . 1 through 4 four Charter Amendments , Question No. 5 was a referendum proposal on whether the City of Miami Beach should change its method of election for Councilmen to districting, and Questions Nos . 6 through 10 were alternative Charter Amend- ments , each proposing a different districting method of which the voter was instructed to select one. The one districting proposal selected by the voters from Questions Nos. 6 through 10 would not become effective unless the voters in Question No. 5 indicated a preference for districting. Question No. 6 was placed upon the ballot as the result of an initiative petition of the citizens after extensive litigation. See City of Miami Beach, et al. v. Smith and Shockett, 251 So. 2d 290 (3d D.C.A. 1971) , reh. den. (1971) , cert. den. 257 So. 2d 561 (Sup.Ct. 1971) , reh . den. (1972) . Questions Nos . 7, 8, 9 and 10 were added to the ballot by the City Council. After considering the pleadings, the exhibits introduced in evidence, and the report of the Special Master, Irving Peskoe, and his recommendations made at the final hearing, it is ORDERED that: 1. The Court has jurisdiction of the parties and the subject matter and it is proper for the Court to enter a declaratory decree in this action. 2. The report of the Special Master, Irving Peskce, and his recommendations made at the final hearing are approvad. 3. Pursuant to the Miami Beach City. Code, the pro- visions of Chapter 101 and 102 , Florida Statutes, apply to this election. No person authorized by this Chapter filed a timely protest of the election returns or the election. 4 . Defendant Joyce Dieffenderfer as Acting Super- visor of Elections of Dade County is dismissed as a party Defendant. 5. No fraud has been alleged or proved in connection ; with the election or the balloting ! and the Court finds none existed. -2- 6 . The irregularities in the operation of certain voting machines involving Questions Nos . 6 through 10 were not substantial enough to cast doubt on or to taint the elec- tion or prevent the determination of the clear choice of the voters or produce a different result and the Court finds the election held November 7 , 1972 was properly conducted and is a valid election. 7. No questions as to the results of the ballot- ing on Questions Nos . 1 through 5 having been raised, the returns on those questions are hereby accepted and certified. 8. Questions Nos . 1 , 3, and 4 have been duly adopted by the voters of the City of Miami Beach and are hereby certified as so adopted. Question No . 2 which was attempted to be withdrawn failed of adoption. 9 . The "for districting" proposal of Question No. 5 has been duly adopted by the voters of the City of Miami Beach and is hereby certified. 10. Question No. 6 which received more total votes than any other districting proposal in every precinct and received more votes than all other districting proposals combined in every precinct except one, was clearly the choice of the voters , and is hereby certified as having been duly adopted by the voters of the City of Miami Beach . Questions Nos . 7, 8, 9 , and 10 were rejected by the voters and are hereby certified as having failed of adoption. 11. The election returns introduced in evidence on Questions Nos. 6 through 10 are approved and are hereby certified. 12. Irving Peskoe as Special Master is awarded a fee of $1, 500 which is taxed against Plaintiff and Plain- tiff is directed to pay. The other costs of this action consisting of the charges of Feldman and Associates in the amount of $427. 50 for attendance at the inspection of the -3- voting machines and for the transcript during such inspection and the reporter' s charges for attendance at the final hear- ing are taxed against Plaintiff and Plaintiff is directed to pay such costs. 13. Jurisdiction of this action and the parties is retained for the purpose of entering such Orders as may be necessary to carry into effect this Final Judgment. DONE and ORDERED in Miami , Florida this 27 day of June, 1973. Original signed by WILLIAM A. HERIN CIRCUIT JUDGE APPROVED AS TO FORM: Joseph A. Wanick City Attorney, City of Miami Beach Attorney for Plaintiff John G. Fletcher Assistant Dade County Attorney Attorney for Defendant Joyce Dieffenderfer Dan Paul Paul & Thomson • Attorneys for Defendants Smith and Shockett • -4-