96-22083 RESORESOLUTION NO. 96-22083
A RESOLUTION CALLING FOR A SPECIAL ELECTION TO
BE HELD ON NOVEMBER 5, 1996, FOR THE PURPOSE OF
SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH AN AMENDMENT TO THE MIAMI BEACH
CITY CHARTER PROVIDING THAT COMMENCING WITH
THE GENERAL ELECTION IN NOVEMBER 1997
(EXCLUDING INDIVIDUALS HOLDING CITY OF MIAMI
BEACH ELECTIVE OFFICE PRIOR THERETO FOR THEIR
UNEXPIRED TERMS), THERE IS ESTABLISHED A TERM
LIMIT FOR CITY COMMISSIONERS OF EIGHT
CONSECUTIVE YEARS AND FOR MAYOR, OF SlX
CONSECUTIVE YEARS, MEASURED RETROACTIVELY
FROM THEIR FIRST ELECTIONS, SAID TERMS
EXCLUDING TIME SERVED FILLING A VACANCY
PURSUANT TO CHARTER SEC. 2.07.
BE IT RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and
the general laws of the State of Florida, a Special 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
5, 1996 for the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Dade County election officials shall conduct the
said Special Election hereby called, with Dade County's certification of the results of said
Special Election being accepted by the City Commission. The official returns for each
precinct shall be furnished to the City Clerk of the City of Miami Beach as soon as the
ballots from all precincts have been tabulated and results duly accepted by said
appropriate Dade County Officials.
SECTION 3.
Said voting precincts in the City of said Special Election shall be as established by
the proper and appropriate 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. A list of the voting precincts and the polling places
therein (subject to change by the Supervisor of Elections of Dade County, in accordance
with the laws of Florida) is attached hereto as Exhibit A.
SECTION 4.
Registration of persons desiring to vote in the Special Election shall be in
accordance with the general law of the State of Florida governing voter registration.
Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City
Hall, 1700 Convention Center Drive, Third Floor, Miami Beach, Florida 33139, each and
every day until October 7, 1996, between the hours of 9:00 a.m. and 5:00 p.m., and at
such other voter registration centers and during such times as may be provided by the
Supervisor of Elections of Dade County. Each person desiring to become a registered
voter shall be responsible for properly filling out the registration form and returning it to the
Dade County Elections Office. All registration forms must be received by the Dade County
Elections Office and clocked in no later than October 7, 1996 at 5:00 P.M. in order for a
person to vote in this Special Election. All questions concerning voter registration should
be directed to the Dade County Elections Office, 111 Northwest 1st Street, Floor 19, Miami,
Florida 33130; Mailing Address: P.O. Box 012241, Miami, Florida 33101; Telephone:
(305) 375-5553.
SECTION 5.
Copies of the proposed amendment shall be made available to the electors at the
office of the City Clerk from 9:00 a.m. to 5:00 p.m. each day, Saturdays, Sundays, and
holidays excepted, not later than thirty days prior to the date of said election.
SECTION 6.
Not less than thirty days' notice of said Special Election shall be given by publication
in a newspaper of general circulation in Miami Beach, Dade County, Florida. Such
publication shall be made at least once each week for four consecutive weeks next
preceding said Special Election.
SECTION 7.
The notice of election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 5TH DAY OF NOVEMBER, 1996, AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH
THE FOLLOWING QUESTION:
ESTABLISHING TERM LIMITS OF EIGHT CONSECUTIVE
YEARS FOR COMMISSIONERS AND SIX CONSECUTIVE
YEARS FOR MAYOR.
"SHALL THE CITY CHARTER BE AMENDED TO PROVIDE
THAT COMMENCING WITH THE GENERAL ELECTION IN
NOVEMBER 1997 (EXCLUDING INDIVIDUALS HOLDING
CITY OF MIAMI BEACH ELECTIVE OFFICE PRIOR
THERETO FOR THEIR UNEXPIRED TERMS), THERE IS
ESTABLISHED A TERM LIMIT FOR CITY COMMISSIONERS
OF EIGHT CONSECUTIVE YEARS AND FOR MAYOR, OF
SIX CONSECUTIVE YEARS, MEASURED RETROACTIVELY
FROM THEIR FIRST ELECTIONS, SAID TERMS
EXCLUDING TIME SERVED FILLING A VACANCY
PURSUANT TO CHARTER SEC. 2.07.
YES
NO
SECTION 8.
The official ballot to be used in the Special Election to be held on November 5,
1996, hereby called, shall be in substantially the following form, to-wit:
OFFICIAL BALLOT
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION, NOVEMBER 5, 1996
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 5TH DAY OF NOVEMBER, 1996, AT
WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY
REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH
THE FOLLOWING QUESTION:
ESTABLISHING TERM LIMITS OF EIGHT CONSECUTIVE
YEARS FOR COMMISSIONERS AND SIX CONSECUTIVE
YEARS FOR MAYOR.
"SHALL THE CITY CHARTER BE AMENDED TO PROVIDE
THAT COMMENCING WITH THE GENERAL ELECTION IN
NOVEMBER 1997 (EXCLUDING INDIVIDUALS HOLDING
CITY OF MIAMI BEACH ELECTIVE OFFICE PRIOR
THERETO FOR THEIR UNEXPIRED TERMS), THERE IS
ESTABLISHED A TERM LIMIT FOR CITY COMMISSIONERS
OF EIGHT CONSECUTIVE YEARS AND FOR MAYOR, OF
SIX CONSECUTIVE YEARS, MEASURED RETROACTIVELY
FROM THEIR FIRST ELECTIONS, SAID TERMS
EXCLUDING TIME SERVED FILLING A VACANCY
PURSUANT TO CHARTER SEC. 2.07.
YES
NO
SECTION 9.
Absentee voters participating in said Special Election shall be entitled to cast their
ballots in accordance with the provisions of the laws of the State of Florida with respect to
absentee voting.
SECTION '10.
That the City of Miami Beach shall pay all expenses for conducting this Special
Election and will pay to Dade County or directly to all persons or firms, upon receipt of
invoice or statement approved by the Supervisor of Elections of Dade County, Florida.
SECTION 11.
This resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 17th
ATTEST:
CITY CLERK
__ day of ~u[y ., 1996.
MAYOR
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/:ORM APPROVEu
MURRAY H. DUBBIN
City Attorney
OFFICE OF THE CITY ATTORNEY
F L O R ! D
A
Telephone:
Telecopy:
(305) 673-7470
(305) 673-7002
COMMISSION MEMORANDUM NO. ___~_~,
TO:
FROM:
SUBJECT:
DATE: JULY 17, 1996
MAYOR SEYMOUR GELBER,
MEMBERS OF THE CITY COMMISSION AND
CITY MANAGER JOSE GARCIA-PEDROSA
MURRAY H. DUBBIN] Il ~
CITY ATTORNEY /¢1
RESOLUTION CALLING FOR NOVEMBER 5, 1996 SPECIAL ELECTION
AMENDING CITY CHARTER BY PROVIDING FOR TERM LIMITS OF
MAYOR AND CITY COMMISSIONERS.
Pursuant to public hearing held on July 3, 1996, the attached Resolution has been drafted
calling for a Special Election to consider the issue of amending the Miami Beach City Charter so as
to provide that commencing with the General Election in November 1997 (excluding individuals
holding City of Miami Beach elective office prior thereto for their unexpired term.s) there is
established a term limit for City Commissioners of eight consecutive years and for Mayor, of six
consecutive years, measured retroactively fi.om their first elections, said terms excluding time served
filling a vacancy pursuant to Charter Sec. 2.07.on the City Commission.
The attached Resolution is in proper form and is thus ready for City Commission review.
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Agenda Item
Date
1700 Convention Center Drive - Fouri~loor - Miami Beach, Florida 33139
PROPOSED CITY CHARTER AMENDMENTS FOR
NOVEMBER 5, 1996 SPECIAL ELECTION
Proposed Ballot Question:
ESTABLISHING TERM LIMITS OF EIGHT CONSECUTIVE
YEARS FOR COMMISSIONERS AND SIX CONSECUTIVE
YEARS FOR MAYOR.
"SHALL THE CITY CHARTER BE AMENDED TO PROVIDE
THAT COMMENCING WITH THE GENERAL ELECTION IN
NOVEMBER 1997 (EXCLUDING INDIVIDUALS HOLDING
CITY OF MIAMI BEACH ELECTIVE OFFICE PRIOR
THERETO FOR THEIR UNEXPIRED TERMS), THERE IS
ESTABLISHED A TERM LIMIT FOR CITY COMMISSIONERS
OF EIGHT CONSECUTIVE YEARS AND FOR MAYOR, OF
SIX CONSECUTIVE YEARS, MEASURED RETROACTIVELY
FROM THEIR FIRST ELECTIONS, SAID TERMS
EXCLUDING TIME SERVED FILLING A VACANCY
PURSUANT TO CHARTER SEC. 2.07.
YES
NO
B. Proposed Text:
Sec.2.02. Term and Compensation.
The term of office of the Mayor shall be two (2) years. The term of office of
the City Commissioners shall be four (4) years.
Commencing with the General Election in November 1997 iexcludin_a
individuals holding City_ of Miami Beach elective office prior thereto for their
unexpired terms), the term limit for Miami Beach Commissioners shall be eight
consecutive years and the term limit for Miami Beach Mayor shall be six consecutive
years respectively, measured retroactively from their first elections said terms not
including time served as a member of the City_ of Miami Beach Commi=~sion aS a
result of having filled a vacancy in the Commission pursuant tO Section ;!.07 of the
City of Miami Beach Charter.
The annual compensation for the Office of Commissioner shall be six
thousand dollars ($6,000.00) and the compensation for the Office of Mayor shall be
ten thousand dollars ($10,000.00): any increase in salary for Mayor and/or
Commissioner shall require approval of a majority of the electorate votin~g at a City
election.
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