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RESOLUTION 92-20538 • • (CORRECTED*) RESOLUTION NO. 92-20538 A RESOLUTION CALLING FOR A SPECIAL ELECTION TO BE HELD ON NOVEMBER 3, 1992 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION REGARDING WHETHER SECTION 40 OF THE MIAMI BEACH CITY CHARTER SHOULD BE AMENDED TO CHANGE THE COMMISSION ELECTION QUALIFYING PERIOD FROM NOT MORE THAN ONE HUNDRED AND THIRTEEN DAYS NOR LESS THAN ONE HUNDRED NINE DAYS PRIOR TO SAID ELECTION TO THE FOUR CONSECUTIVE DAYS IMMEDIATELY FOLLOWING THE FIRST MONDAY IN SEPTEMBER IN THOSE YEARS IN WHICH A GENERAL ELECTION IS HELD. BE RESOLVED BY THE 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 3 , 1992 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 register to vote at the City registration office located in the lobby of City Hall , 1700 Convention Center Drive, Miami Beach, Florida 33139 , each and every Wednesday until September 30, 1992 , between the hours of 9 : 00 a.m. and 4 : 30 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. All questions concerning voter registration should be directed to the Dade County *This text has been corrected to reflect the actual language in Charter Section 40 in effect at the date of Resolution No. 92-20538's enactment -- the corrections have no effect upon the amended language in the subject Resolution, (see bolded "Text" language, page 4 herein) . • • 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 to the Miami Beach City Charter 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 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 3RD DAY OF NOVEMBER, 1992 , AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: AMENDMENT TO SECTION 40 OF THE CITY CHARTER CHANGING THE QUALIFYING PERIODS FOR ELECTED OFFICE. "SHALL SECTION 40 OF THE MIAMI BEACH CITY CHARTER BE AMENDED TO CHANGE THE COMMISSION ELECTION QUALIFYING PERIOD FROM NOT MORE THAN ONE HUNDRED AND THIRTEEN DAYS NOR LESS THAN ONE HUNDRED NINE DAYS PRIOR TO SAID ELECTION TO THE FOUR CONSECUTIVE DAYS IMMEDIATELY FOLLOWING THE FIRST MONDAY IN SEPTEMBER, IN THOSE YEARS IN WHICH A GENERAL ELECTION IS HELD. " YES NO SECTION 8. The official ballot to be used in the Special Election to be held on November 3 , 1992 , hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT THE CITY OF MIAMI BEACH, FLORIDA SPECIAL ELECTION, NOVEMBER 3 , 1992 AMENDMENT TO SECTION 40 OF THE CITY CHARTER CHANGING THE QUALIFYING PERIODS FOR ELECTED OFFICE. 2 "SHALL SECTION 40 OF THE MIAMI BEACH CITY CHARTER BE AMENDED TO CHANGE THE COMMISSION ELECTION QUALIFYING PERIOD FROM NOT MORE THAN ONE HUNDRED AND THIRTEEN DAYS NOR LESS THAN ONE HUNDRED NINE DAYS PRIOR TO SAID ELECTION TO THE FOUR CONSECUTIVE DAYS IMMEDIATELY FOLLOWING THE FIRST MONDAY IN SEPTEMBER, IN THOSE YEARS IN WHICH A GENERAL ELECTION IS HELD. " 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 8th day of / July 1992 . AI Pr £YOR ATTEST: CITY CLERK FORM APPROVED L GAL DEP • JKO/j a l 6y (a:\ord res\192sec40.res) (I) ,,- Date 3 • PROPOSED CHARTER AMENDMENT RE: SECTION 40 - QUALIFYING FOR ELECTED OFFICE A. Proposed Ballot Question: "SHALL SECTION 40 OF THE MIAMI BEACH CITY CHARTER BE AMENDED TO CHANGE THE COMMISSION ELECTION QUALIFYING PERIOD FROM NOT MORE THAN ONE HUNDRED AND THIRTEEN DAYS NOR LESS THAN ONE HUNDRED NINE DAYS PRIOR TO SAID ELECTION TO THE FOUR CONSECUTIVE DAYS IMMEDIATELY FOLLOWING THE FIRST MONDAY IN SEPTEMBER, IN THOSE YEARS IN WHICH A GENERAL ELECTION IS HELD. " YES NO B. Proposed Text: Sec. 40 . Elections for city officers; qualifications of candidates for office; general and special elections ; polling places. There shall be held in the City of Miami Beach on the first Tuesday following the first Monday in November, 1969 , and biennially thereafter, a general election, at which all elective officers of the City of Miami Beach shall be nominated or elected, as provided in Section 8 of this Charter. The said general election shall be conducted as provided by said Section 8 . The city commission shall cause to be placed on the ballot to be used in said general election the name of any qualified elector of the city who, net—mere than = - - - . - = ' rtecn days nor less than one hundred and nine days within the four consecutive days immediately following the first Monday in September prior to said general election, shall have paid to the city clerk for the City of Miami Beach a sum equal to seven and one-half percent of the annual salary of the office to which he seeks election as a qualifying fee and shall have been photographed and fingerprinted by the identification bureau of the police department of the city unless such person shall file with the no later than the seconday, city clerk -// p pJ�/yphy/y1�/rY/ nifl/ ir/ ' / '/ypgapp // / f o r qualifying as a candidate for such office, a petition approving his candidacy signed by sufficient qualified and registered voters to constitute not less than two percent of the number of such voters as the same shall be on the date the first day of ual i fyi n as a candidate for office sixty days prior to �.. /fM0//c / //9( q1/.//fix 'ipp, 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 4 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 ordinances of laws of the City of Miami Beach or the State of Florida, relating to the election or registration of electors; (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 of America. Such oath or affirmation shall be substantially in the following form: STATE OF FLORIDA: : SS. COUNTY OF DADE : 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 the City Commissioner (Group Number. . . . . . ) (or Mayor) 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 election 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 of 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 city commission shall, by ordinance, prescribe the manner of holding general and special elections not inconsistent with the provisions hereof, and shall, by ordinance or resolution, prescribe polling places in the various voting precincts in the city. JKO/j al (a:\ord res\192sec40.res) 5 ,...40-silt!" t. CITY OF MIAMI BEACH13r- _, y k TO: RICHARD BROWN 4P( A 196/ CITY CLERK FROM: JEAN OLIN FIRST ASSX ANT CITY ATTORNEY I► SUBJECT: CMB ORDINANCE NO. 92-20538 DATE: MAY 17 , 1993 Attached please find corrected City of Miami Beach Ordinance No. 92-20538 which incorporates the inadvertent omissions noted by Natalie 'nooks. This corrected Ordinance should be attached to the original Ordinance enacted on July 8 , 1992 . Should you need any further matters pertaining to this resolution, please do not hesitate to contact me. JO/ks Attachment (a:jko rg\rb5-17.mem) RESOLUTION NO. 92-20538 Calling a special election to be held on Ncvember 3, 1992 for the purpose of submitting to the Elcetorate of the City of r f Beach a question regarding whether §40 of the Miami Beach City Charter should 1116 be amended to change the Commission election qualifying period from not more than one hundred and thirteen days nor less tzzan one hundred nine days prior to said fmmi election to the four consecutive days immediately following the first Monday in S' ptember in those years in which a General Election is held.