Ord. No. 08-02-1776ORDINANCE N•
AN ORDINANCE OF • • AND CITY COMMISSION OF
THE CITY OF SOUTH i. D, RELATING TO SPECIAL
ELECTION TO UN-EXPIRED OF •
CITY COMMISSIONER FOR • UP 11; SCHEDULING THE 1
PLACE AND TIME OF • PROVIDING FOR
QUALIFICATION OF CANDIDATES; PROVIDING FOR CLOSE OF
ELECTION BOOKS; APPROVING THE OFFICIAL BALLOT;
PROVIDING FOR NOTIFICATION; PROVIDING FOR
ORDINANCES IN CONFLICT, AN
D.
WHEREAS, Mayor Julio Robaina has qualified for the District
117 House of Representative Seat for the State of Florida; and
WHEREAS, on July 12, 2002 Mayor Julio Robaina submitted his
irrevocable letter of resignation as Mayor of the City of South
Miami, effective November 6, 2002, thus creating a vacancy in
the office of Mayor for an un- expired term ending February 10,
2004; and
WHEREAS, Subsequently
announced his candidacy for
South Miami and submitted a
effective November 6, 2002,
office of Commissioner for
ending February 10, 2004; and
Commissioner Horace G. Feliu
the office of Mayor of the City of
irrevocable letter of resignation
thus creating a vacancy in the
Group II for an un- expired term
WHEREAS, Section 99.012(3)(f), Florida Statutes, does
provide that a vacancy created by a resign to run scenario
allows charter counties, such as Miami -Dade, to fill the vacancy
in a manner provided by the county charter. However, where the
timing is such that an election can be held to coincide with a
regularly scheduled election cycle, there should and will be an
election. This is also in accord with Spector v. Glisson, 305
So. 2d 777 (Fla. 1974); and
WHEREAS, the City Commission wish to schedule a Special
Election for the purpose of electing a Mayor and a Commissioner
for Group II for un- expired terms ending February 10, 2004, to
be held in conjunction with Miami -Dade County's General Election
being held on Tuesday, November 5, 2002.
NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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Page 2 of Ord. No. 8-02-1776
Section 1. The City of South Miami will hold, in
conjunction with Miami-Dade County, a Special Election to be
held on Tuesday, November 5, 2002. On that date, a mayor will
be elected to serve an un-expired term created by a vacancy and
ending February 10, 2004, one (1) Commissioner will be elected
to serve the un-expired term created by a vacancy in Group II,
ending February 10, 2004.
Section 2. The qualifying period for this election
shall open Tuesday, September 24, 2002 and close Friday,
September, 27, 2002, precisely at 3:00 p.m. Candidates shall
qualify at the office of the City Clerk, 6130 Sunset Drive,
South Miami, Florida.
Section 3. Voting shall be conducted as prescribe by
Miami-Dade County precinct rolls as:
Precinct 606 South Miami American Legion #31
7710 SW 59t" Avenue
Precincts 620 & 651 David Fairchild Elementary School
5757 SW 45t" Street
Precinct 621 lst United Methodist Church of South Miami
6565 Red Road
Precincts 622 & 652 Palmetto Presbyterian Church
6790 SW 56" Street
Precinct 623 l't Baptist Church of South Miami
6767 SW 72"' Street
Precincts 642 & 653 South Miami/Coral Gables Elks Lodge #1676
6304 SW 78t" Street
Section 4. That Absentee Ballots shall be paper ballots
that are hand counted.
Section 5. The official ballot for the 2002 special
election is annexed to this ordinance.
Section 6. The City Clerk shall publish notice of such
special election once a week for four consecutive weeks next
preceding the special general election in a newspaper of general
circulation in South Miami. The notice shall contain the date,
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Page 3 of Ord. No. 8-02-1776
time, and place of the general election and identify the
commission groups to be voted for.
Section 7. The County registration books shall remain
open at the Office of the Miami-Dade County Supervisor of
Elections until October 7, 2002, at which date the registration
books shall close in accordance with the provisions of the
general election laws.
.Section 8. Miami-Dade County Supervisor of Elections is
hereby authorized to take all appropriate actions necessary to
carry into effect and accomplish the provisions of this
Ordinance.
Section 9. This Special Election shall be canvassed by
the County Canvassing Board in accordance with the provisions of
the general election laws.
Section 10. 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 11. All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are repealed.
Section 12. This ordinance shall take effect immediately
upon approved.
PASSED AND ADOPTED this 3rd day of September , 2002.
ATTEST:
i
CITY CLERK 1//
1st Reading - August 21, 2002
2„d Reading - September 3, 2002
19:W.AJPMAJk
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Excellence, Integrity, Inclusion
MEMORANDUM
To: Honorable Mayor, Vice Mayor Date: September 3, 2002
and City Commission
From: Charles Scurr Re: Agenda Item
City Manager `,'Y Calling Special Election for November 5,
i ,/6 2002
QUIRWIll
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
CITY OF •; FLORIDA RELATING TO SPECIAL
ELECTION • i TERMS OF
CITY COMMISSIONER FOR '! • 11; SCHEDULING THE DAY,
PLACE i TIME OF •; PROVIDING FOR
QUALIFICATION OF CANDIDATES; PROVIDING F•. CLOSE OF
ELECTION :f• APPROVING OFFICIAL BALLOT;
PROVIDING FOR NOTIFICATION; PROVIDING FOR
ORDINANCES •, AND AN EFFECTIVE
DATE.
The attached ordinance on for seconded reading and public
hearing schedules a Special Election in conjunction with Miami -
Dade County's General Election being held on Tuesday, November 5,
2002.
The purpose of this Special Election is to elect a Mayor and
a Commissioner from Group II to fill unexpired terms vacated by
Mayor Julio Robaina and Commissioner Horace G. Feliu.
The qualifying period for this Special Election is scheduled
for Tuesday, September 24, 2002 and closing precisely at 3:00
p.m., on Friday, September 27, 2002. Candidates shall qualify at
the office of the City Clerk, 6130 Sunset Drive, South Miami,
Florida.
Miami-Dade County Supervisor of Elections is authorized to
take all appropriate actions necessary to carry into effect and
accomplish the provisions of this ordinance.
The Miami-Dade County Canvassing Board in accordance with
the provisions of applicable Election laws shall canvass the
results of this Special Election.
RECOMMENDATION
Approval is recommended.
ELECTION BALLOT
CITY OF SOUTH MIAMI SPECIAL ELECTION
NOVEMBER 5, 2002
1
MAYOR'S RACE
There is hereby elected a Mayor for the City of South Miami
to serve for an un-expired term ending February 10, 2004.
Vote for one (1)
COMMISSIONER RACE — GROUP II
There is hereby elected a Commissioner for the City of
South Miami from Group II to serve for an un-expired term
ending February 10, 2004. Vote for one (1)
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