Ord. No. 53-08-1988AN EMERGENCY ORDINANCE OF THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA RELATING TO
SPECIAL ELECTION TO FILL AN UN- EXPIRED TERM OF THE CITY
COMMISSIONER FOR GROUP I; SCHEDULING THE DAY, PLACE AND
TIME OF THE ELECTION; PROVIDING FOR QUALIFICATION OF
CANDIDATES; PROVIDING FOR CLOSE OF ELECTION BOOKS;
APPROVING THE OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION;
PROVIDING FOR SEVERABILITY, ORDINANCES IN CONFLICT, AND AN
EFFECTIVE DATE.
WHEREAS, on November 18, 2008, Randy G. Wiscombe submitted his irrevocable
letter of resignation as Commissioner of the City of South Miami, effective immediately, thus
creating a vacancy in the office of Commissioner for Group I for an un- expired term ending
February 9, 2010; and
WHEREAS, Article 11 Secyion 4 B. 2 of the City of South Miami Charter provides that
in the event a vacancy occurs more than nine months prior to the next general election, the
Commission shall have no power to fill the vacancy and the unexpired term shall be filled by a
special election being held not less than 30 days nor more than 60 days after the vacancy exists;
and
WHEREAS, the Charter provides that no person who has forfeited an office on the
Commission shall be qualified to run for office to fill the vacancy created by the forfeiture; and
WHEREAS, the City Commission wishes to schedule a Special Election for the purpose
of electing a Commissioner for Group I for an un- expired term ending February 9, 2010, to be
held Tuesday, January 13, 2009; and
WHEREAS, the Charter requires the City Commission of the City of South Miami to
schedule the day, place and time of the special election by ordinance; and
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
Section 1. The City of South Miami will hold a Special Election to be held on
Tuesday, January 13, 2009 to elect (1) Commissioner to serve an un- expired term created by a
vacancy in Group I, ending February 9, 2010.
Section 2. The qualifying period for this election shall open Monday, December 1,
2008, ending Friday, December 5, 2008, and the hours will be from 9:00 a.m. to 5:00 p.m. sharp.
Candidates shall qualify at the office of the City Clerk, 6130 Sunset Drive, South Miami,
Florida.
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Pg. 2 of Ord. No. 53 -08 -1988
Section 3. Voting shall be conducted at City Hall in the City Commission Chamber,
6130 Sunset Drive, South Miami, Florida. The polls shall open precisely at 7:00 a.m., and close
precisely at 7:00 p.m.
Section 4. The official ballot for the 2008 special election is annexed to this
ordinance.
Section 5. The election books shall close December 15, 2008.
Section 6. The City Clerk shall publish notice of such special election on the fifth
and the third week preceding the special election in a newspaper of general circulation in South
Miami. The notice shall contain the date, time, and place of the special election and identify the
Commission Group.
Section 7. This Special Election shall be canvassed by the Miami -Dade County
Supervisor of Elections, or his /her designee.
Section 8. If any section, clause, sentence, or phrase of this ordinance is for any
reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not
affect the validity of the remaining portions of this ordinance.
Section 9. All ordinances or parts of ordinances in conflict with the provisions of this
ordinance are repealed.
Section 10. This ordinance shall take effect immediately upon approval.
PASSED AND ADOPTED this 20th day of November, 2008.
ATTEST:
Y CLERK YOR
READ AND APPROVED AS TO FORM
U
COMMISSION VOTE: 4 -0
Mayor Feliu: Yea
Vice Mayor Beasley: Yea
Commissioner Palmer: Yea
Commissioner Beckman: Yea
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ELECTION BALLOT
CITY OF SOUTH MIAMI GENERAL ELECTION
JANUARY 13, 2009
COMMISSIONER RACE — GROUP I
There is hereby elected a Commissioner for the City of South Miami from Group I to serve for
an unexpired term ending February 9, 2010. Vote for one (1)
The polls will be opened on Tuesday, January 13, 2010 from 7:00 a.m. to 7:00 p.m., at City Hall, City Commission
Chambers, 6130 Sunset Drive, South Miami, FL.
W:\My Documents \Elections 2008 \ordinance 2009 Special Election 12.02.08.doc
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