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Ord. No. 57-08-1992ORDINANCE NO. 57 -08 -1992 AN 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 1; 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, the 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 wish 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 Additions shown by underlinine and deletions shown by , vefsf t. Pg. 2 of Ord. No. 57 -08 -1992 a.m. to 5:00 p.m. sharp. Candidates shall qualify at the office of the City Clerk, 6130 Sunset Drive, South Miami, Florida. 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. 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 8. This Special Election shall be canvassed by the Miami -Dade County Supervisor of Elections, or his /her designee. 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 December 21, 2008. PASSED AND ADOPTED this 16a` day of December, 2008. ATTEST: APPROVED: Q12 CCffY CLERK YOR I" Reading — none 2 °d Reading — none COMMISSION VOTE: 4 -0 READ AND APPROVED AS TO FORM: Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea CI ATTORNEY Commissioner Beckman: Yea Additions shown by underlinine and deletions shown by evef&;gig 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 Doeuments\Elections 2008 \ordinance 2009 Special Election 12.02.08.doc Additions shown by underlining and deletions shown by everstfiki ORDINANCE NO. 53 -08 -1988 AN 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. Additions shown by underlining and deletions shown by ^yers4;ld;,g 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: :":9 CITY CLEF Jd &AYOR READ. AND APPROVED AS TO FORM: --yam - -- Y COMMISSION VOTE: 4 -0 Mayor Feliu: Yea Vice Mayor Beasley: Yea Commissioner Palmer: Yea Commissioner Beckman: Yea Additions shown by underlininn and deletions shown by eveFsWg ELECTION BALLOT . CITY OF SOUTH MIAMI GENERAL. ELECTION JANUARY 13, 2009 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 AMy Documents0ections 2008 \ordinance 2009 Special Election 12.02.08.doc Additions shown by underlinine and deletions shown by e 'gig.