Resolution 8858 RESOLUTION NO. 8858
BE IT RESOLVED by the City Council of the City of
Miami Beach, Florida, that it is deemed to be to the best
interest of said City to secure the passage, at the 1955
Session of the State Legislature, of a Bill entitled:
"AN ACT AMENDING SECTION 40 OF CHAPTER
7672, LAWS OF FLORIDA, ACTS OF 1917,
BEING THE CHARTER OF THE CITY OF MIAMI
BEACH, FLORIDA, ENTITLED 'AN ACT TO
ABOLISH THE PRESENT MUNICIPAL GOVERNMENT
OF THE TOWN OF MIAMI BEACH, IN THE COUNTY
OF DADE AND STATE OF FLORIDA, AND TO ESTABLISH,
ORGANIZE AND INCORPORATE A CITY GOVERNMENT
FOR THE CITY OF MIAMI BEACH, TO DEFINE ITS
TERRITORIAL BOUNDARIES, TO PRESCRIBE ITS
JURISDICTION, POWERS AND PRIVILEGES, AND
FOR THE EXERCISE OF SAME AND TO AUTHORIZE
THE IMPOSITION OF PENALTIES FOR THE VIOLATION
OF ITS ORDINANCES' ; BY PROVIDING FOR THE
METHOD OF ELECTING MEMBERS OF THE CITY COUNCIL
OF THE CITY OF MIAMI BEACH, FLORIDA, BY
PROVIDING FOR A PRIMARY ELECTION FOR THE
NOMINATION OF CANDIDATES FOR CITY COUNCIL
WHEN THERE ARE MORE THAN EIGHT CANDIDATES
QUALIFIED, AND BY PROVIDING FOR THE QUALI-
FICATIONS OF CANDIDATES FOR CITY COUNCIL,
kAND PROVIDING FOR A REFERENDUM. "
BE IT FURTHER RESOLVED that copies of this Resolution
and of said Bill be furnished to the Honorable R. B. Gautier,
the Honorable George S. Okell, the Honorable W. C . Herrell
and the Honorable John B. Orr, Jr. , Members of the Florida
Legislature from Dade County, and that they each be respect-
fully requested to see that said Bill be introduced and
passed at said Session.
PASSED and ADOPTED this 9th day of March, A. D. 1955.
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ayor fr
Attest :
C . o linson, City Clerk
By /
Deputy C er
•
OFFICE OF CITY ATTORNEY- CITY HALL- MIAMI BEACH 39, FLORIDA
A BILL
TO BE ENTITLED
AN ACT AMENDING SECTION 40 OF CHAPTER 7672,
LAWS OF FLORIDA, ACTS OF 1917, BEING THE
CHARTER OF THE CITY OF MIAMI BEACH, FLORIDA,
ENTITLED "AN ACT TO ABOLISH THE PRESENT
MUNICIPAL GOVERNMENT OF THE TOWN OF MIAMI BEACH,
IN THE COUNTY OF DADE AND STATE OF FLORIDA, AND
TO ESTABLISH, ORGANIZE AND INCORPORATE A CITY
GOVERNMENT FOR THE CITY OF MIAMI BEACH, TO DEFINE
ITS TERRITORIAL BOUNDARIES, TO PRESCRIBE ITS
JURISDICTION, POWERS AND PRIVILEGES, AND FOR
THE EXERCISE OF SAME AND TO AUTHORIZE THE
IMPOSITION OF PENALTIES FOR THE VIOLATION OF
ITS ORDINANCES", BY PROVIDING FOR THE METHOD
OF ELECTING MEMBERS OF THE CITY COUNCIL OF THE
CITY OF MIAMI BEACH, FLORIDA, BY PROVIDING FOR A
PRIMARY ELECTION FOR THE NOMINATION OF CANDIDATES
FOR CITY COUNCIL WHEN THERE ARE MORE THAN EIGHT
CANDIDATES QUALIFIED, AND BY PROVIDING FOR THE
QUALIFICATIONS OF CANDIDATES FOR CITY COUNCIL,
AND 'PROVIDING FOR A REFERENDUM.
BE IT ENACTED BY THE LEGISLATURE OF THE STATE OF FLORIDA:
SECTION 1 . That Section 40 of Chapter 7372, Laws of
Florida, Acts of 1917, be and the same is hereby amended
to read as follows :
"SECTION 40 . There shall be held in the
City of Miami Beach a general election for the
election of the members of the City Council on
the first Tuesday in June, 1955, and biennially
thereafter. A primary election for the nomination
of candidates for the City Council shall be held
on the last Tuesday in May, 1955 and on the last
Tuesday in May biennially thereafter, but in the
event that there are no more than eight (8)
candidates nominated and legally qualified for
the office of City Councilman, no primary election
sahll be held. Such primary shall be a non-partisan
primary and the City Council shall cause to be
printed on the ballot to be used the name of any
qualified elector of the City who, not more than
forty five (245) days nor less than thirty (30)
days prior to the last Tuesday in May immediately
preceding the general election shall have
paid to the City Clerk of the City of Miami
Beach the sum of One Hundred Dollars as a
qualifying fee, and shall have been photographed
and fingerprinted by the Identification Bureau
of the Police Department of the City and shall
have taken, signed and subscribed 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
required by this section;
7 : That he has not violated any of the ordin-
ances or laws of the City of Miami Beach
or of the State of Florida relating to
the election : ' stVation- d€" elebtors .
8 : That he is not a member of nor does he
subscribe to the principles of any group
that seeks to overthrow the government
or the Constitution of the United States
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of America. Such oath or affirmation
shall be substantially in the following
form:
"STATE OF FLORIDA )
COUNTY OF DADE ) SS. :
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
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 elections or registration 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 government 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 names of the eight (u) candidates for
nomination to the office of City Councilman who shall
have received the greatest number of votes in the primary
election shall be placed on the ballot at the next general
election; provided, however, that, if there shall be a
tie vote for candidates so that there cannot be a
determination of the eight (8) candidates for nomination,
then the name of the additional candidate or candidates
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who has received such tie vote shall also be
placed on the ballot at said general election.
At any general election held under the provisions
of this Charter the candidates for the office of
City Councilman in number equal to the number of
Councilmen to be elected who shall have received
the greatest number of votes cast shall be declared
elected. The City Council shall by ordinance
prescribe the manner of holding primary elections,
general elections and special elections not inconsis-
tent with the provisions hereof, and shall by
ordinance or resolution provide for registration for
said elections, and the City Council shall also by
ordinance or resolution prescribe polling places
in the various voting precincts in the City.
SECTION 2. That all laws or parts of laws in conflict
with the provisions of this Act be and the
same are hereby repealed .
SECTION 3 . In the event any portion of this Act shall be
found by a court of competent jurisdiction to
be invalid or unconstitutional the remaining portions
thereof shall continue in full force and effect as though
such invalid portions thereof had never been included herein.
SECTION 41 This act shall become effective upon being
approved and ratified by a majority of the
qualified electors of the City of Miami Beach, Florida,
voting at the next regular municipal election held in said
city, provided, however, that should a special election be
held prior to the next regular municipal election for any
other purpose, then this question shall be voted upon at
such special election.
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