Ord. No. 26-95-1599ORDINANCE NO.26-95-1599
AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF SOUTH MIAMI,FLORIDA AMENDING SECTIONS 9-4 AND 9-5 OF
CHAPTER 9 OF THE CODE OF ORDINANCES OF THE CITY OF SOUTH
MIAMI TITLED "ELECTIONS";PROVIDING FOR SEVERABILITY;
PROVIDING FOR ORDINANCES IN CONFLICT AND PROVIDING AN
EFFECTIVE DATE.
WHEREAS,Section 5(B)of the City's Charter provides for the
Canvassing Committee which is comprised of the majority of the
Commission and the City Clerk,to convene at the close of polls to
publically record the results of the election,tabulate the
absentee ballots and certify the results;and
WHEREAS,Section 5(B)oftheCity's Charter provides that at
8:00 p.m.,onthedayfollowinganyCityElection,theCommission
shallmeetin Special session for the sole purpose of receiving the
certified report of the Canvassing Committee and thereupon the
newlyelected officers shallbeinstalledbytheinstalling officer
selected by the duly elected mayor;and
WHEREAS,Section 9-4oftheCity's Code of Ordinances
addresses canvassing andcertifyingreturnsandtheCanvassing
Committee which requires the Commission to meet not later than the
firstMonday after anygeneralorspecial election orassoon
thereafteraspracticable,forthepurposeof canvassing the
returns and certifying the results ofsuchelection,with the newly
elected officers being installed and entered upon the discharge of
their duties the first day of March ;and
WHEREAS,Section 2(A)oftheCity'sCharter provides that the
generalelectionsshallbeheldduringthemonthofFebruaryevery
evenyearwiththe day,placeandtimetobesetby ordinance;and
WHEREAS,Section9-5oftheCity'sCodeofOrdinancesprovides
thatupontheadoptionbyamajorityoftheCityCommissionpresent
ofaresolutioncallingforanelectionthemayororactingmayor
shallissuehisproclamationgivingnoticeofsuch election,this
proclamation shalllist the officers tobe voted for and/or other
questions,shallcontainthe day,timeandplaceforthe election
aswellasnaming necessary personneltoconductsaidelection;and
WHEREAS,theCity Commission recognizes inconsistencies
between the charter andcodesections dealing with the election
process and wish to make the appropriate amendments.
NOW,THEREFORE,BE IT ORDAINED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF SOUTH MIAMI,FLORIDA:
Section 1:Section 9-4of the City of South Miami Code of
Ordinances is hereby amended to read:
Sec.9-4.Canvassing and certifying returns.
The city oommiooion ahall moot not later than the f irot Monday
after any general clootion or opooial election hold in the
City,orao ooon thereafter ao practicable,—for the purpooo
of oanvaooing the returns and certifying the rcoult of ouoh
election;and the now officers of whom they ohall declare
clcotod ohall bo installed and enter upon the dioohargc of
their dutioo on the firot day of Maroh next ouooccding,or
on the oooond day of March when the firot fallo on Sunday*
Upon the closing ofthepollsand the casting ofthe ballot
bythelast person thenentitledtovote,the Canvassing
Committee,comprised of the majority of the Commission and
the Citv Clerk,shall publically record the results of the
election and proceed to tabulate the absentee ballots and
certify the results.
At 8:00 p.m.,on the day following any Citv election inthe
CityofSouthMiami,theCommissionshallmeetinspecial
session for the sole purpose of receiving the certified
report from the Canvassing Committee and thereupon the
installing officer,selected bv the duly elected incoming
Mavor.shall install the newlv elected Mayor and Commission
members after they shallhave taken the prescribed oath of
office.
Section 2:Section 9-5of the City of South Miami Code of
Ordinances is hereby amended to read:
Sec.9-5.Elootion proclamation•Election Dateand
Notification
Uponthe adoption bya majority oftheoity oommiooion present
ofarcoolutioncallingforanelectionthemayororacting
mayor—ohall—ioouo—his—proclamation giving—notioo of—ouoh
general or opooial election tobeholdinthe oity,whioh
proclamation ohallcontaina liot ofthe offiocro tobo votod
for and the other qucotiono tobe voted upon,the plaoc of
voting,the time forthe opening and olooing of tho polio,
the names ofthe throe (3)—inopootoro and olorlc ofelection
andother pcroonnol appointed ao provided heroin,tooonduot
ouch olootion;andouohnotiooof proclamation ohallbo
publiohcd onoo awookforfour (4)oonocoutivc wccko next
preocding ouohgeneraloropooialelectionina ncwopapcr
publiohcd in South Miami»
The General Election for the Citv of South Miami.Florida to
elect a Mavor for two (2)year term and two (21 commissioners
for four (41 year terms shall be held on the second Tuesday,
in February every even numbered year.
Upon the adoption bya majority of the Citv Commission present
of an Ordinance calling for an election for the Citv of South
Miami,the Citv Clerk shall publish notice of such general or
special election once a week for four (4)consecutive weeks
next preceding such general or special election in a newspaper
of general circulation in South Miami.Such notice shall
include the date,time,and place of said election(s),
identify the commission groups to be voted for and/or other
guestions to be voted upon.
The official ballot to be used at such general or special
election shall be prepared by the city commission in the
manner provided by the state law.providing that if the
mayor or acting mayor shall fail or decline for a period
of ten (10)—dayo to ioouo the proclamation above referred
togivingnoticeofouchgeneralor opceial election,then
and in the event the City Clerk ohall immediately issue
such proclamation overthe namco of the mcmbcro of the city
commiaoion voting therefor.
Section 3:Ifany section,clause,or phrase ofthis
ordinance isforany reason held invalid or unconstitutional bya
court of competent jurisdiction,the holding shall not affect the
validity of the remaining portions of this ordinance.
Section 4:All ordinances or parts of ordinances in
conflict with the provisions of this ordinance are hereby repealed.
Section 5:This ordinance shall take ef fecVimmediately at
the time of its passage.
PASSEDandADOPTEDthis 19th dayof De/cembe'r 1995.
APPROVED:
Neil Carver
Mayor
ATTEST:
READ AND APPROVED AS TO FORM:
City Attorney
3
1st Reading -November 21,1995 (As amended
2nd Reading -December 19,1995
To
From:
CITY OF SOUTH MIAMI
INTER-OFFICE MEMORANDUM
Mayor &City Commission Date:December 15,1995
Eddie Cox
City Manager Re:
Agenda Item #
Comm.Meeting"12V19/95
General Election
%
This isthe second reading and public hearing of an Ordinance
providing uniformation ofthe Charter and Codeof Ordinance
Sections relating to canvassing the returns of the election,
installation of officers,and notification of election.
I recommend your approval.
MEMORANDUM
TO:Eddie Cox DATE:12/15/95
City Manager
FROM:Ronetta Taylpri/
City Clerk U\
RE:Second Reading of Ordinance relating to the General
Election
The attached ordinance is on for second reading and public hearing.
It provides for the uniformation of the Charter and Code of
Ordinance Sections relating to:Canvassing the returns of the
election;installation of officers;and notification of election.
This ordinance was amended on first reading to establish the date
of the General Election for the second Tuesday in February of every
even numbered year.
This ordinance was given first reading on November 21,1995.
G
/
€ITY OF SOUTH MIAMI
^NOTICE OF RUBLIC HEARINGS
ifils HEREBY aiven that the City Commission of the City of South Mlami.-Roridawill J»W
n^des^bedortinances which were given first reading on November 21,1995..„
WORDINANCE OFTHE MAYOR AND C^C0MM.SS.0N0F™E Cn^OF^OUTH
MIAMI.FLORIDA AMENDING SECTIONS 9;4^°9"^°%^^.%roVIDING FOR
DATE.
CONFLICT;AND PROVIDING AN EFFECTIVE DATE.
PROVIDING FOR NOTIFICATION;PROVIDING FOR SEVERABILITY REPEALiNG «J.r-niunSonInconflictHEREwrrH;and providing an effective date.
,id ordinances can be inspected in the City Clerk Office.Monday -Friday during regular office
>urs.
quiries concerning these items can be addressed to the City Clerk's office at:663-6340.
J.interested parties are invited to attend and will be heard.
Ronetta Taylor,CMC
City Clerk
City ofSouth Miami
.rsuam.0 Rortda Statute 286.0105.the City hereoy ***«»^^aaeW mis Board.Agency or Commlssmn withn'esp«tto «*ma»ep^'m^needto\nsu?e that averbattrn record of
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