04-21-09 Item 3131
1 ORDINANCE NO.
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3 AN ORDINANCE OF THE MAYOR AND CITY COMMISSION OF THE
4 CITY OF SOUTH MIAMI, FLORIDA RELATING TO SPECIAL ELECTION
5 TO FILL AN UN- EXPIRED TERM OF THE CITY COMMISSIONER FOR
6 GROUP IV; SCHEDULING THE DAY, PLACE AND TIME OF THE
7 ELECTION; PROVIDING FOR QUALIFICATION OF CANDIDATES;
8 PROVIDING FOR CLOSE OF ELECTION BOOKS; APPROVING THE
9 OFFICIAL BALLOT; PROVIDING FOR NOTIFICATION; PROVIDING FOR
10 SEVERABILITY, ORDINANCES IN CONFLICT, AND AN EFFECTIVE
11 DATE.
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13 WHEREAS, on April 12, 2009, Jay Beckman passed away, thus creating a vacancy in the
14 office of Commissioner for Group IV for an un- expired term ending February 9, 2010; and
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16 WHEREAS, Article 11 Section 4 B. 2 of the City of South Miami Charter provides that in
17 the event a vacancy occurs more than nine months prior to the next general election, the
18 Commission shall have no power to fill the vacancy and the unexpired term shall be filled by a
19 special election being held not less than 30 days nor more than 60 days after the vacancy exists;
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22 WHEREAS, the Charter provides that no person who has forfeited an office on the
23 Commission shall be qualified to run for office to fill the vacancy created by the forfeiture; and
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25 WHEREAS, the City Commission wishes to schedule a Special Election for the purpose
26 of electing a Commissioner for Group IV for an un- expired term ending February 9, 2010, to be
27 held Tuesday, June 9, 2009; and
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29 WHEREAS, the Charter requires the City Commission of the City of South Miami to
30 schedule the day, place and time of the special election by ordinance; and
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32 NOW, THEREFORE, BE IT ORDAINED BY THE MAYOR AND CITY
33 COMMISSION OF THE CITY OF SOUTH MIAMI, FLORIDA:
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35 Section 1. The City of South Miami will hold a Special Election to be held on
36 Tuesday, June 9, 2009 to elect (1) Commissioner to serve an un- expired term created by a
37 vacancy in Group IV, ending February 9, 2010.
38 Section 2. The qualifying period for this election shall open Wednesday, May 6,
39 2009, ending Tuesday, May 12, 2009, and the hours will be from 9:00 a.m. to 5:00 p.m. sharp.
40 Candidates shall qualify at the office of the City Clerk, 6130 Sunset Drive, South Miami,
41 Florida.
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43 Section 3. Voting shall be conducted at City Hall in the City Commission Chamber,
44 6130 Sunset Drive, South Miami, Florida. The polls shall open precisely at 7:00 a.m., and close
45 precisely at 7:00 p.m.
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Section 4. The official ballot for the 2009 special election is annexed to this
ordinance.
Section 5. The election books shall close May 11, 2009.
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
ATTEST:
CITY CLERK
READ AND APPROVED AS TO FORM:
CITY ATTORNEY
day of , 2009.
APPROVED:
MAYOR
COMMISSION VOTE:
Mayor Feliu:
Vice Mayor Beasley:
Commissioner Palmer:
Commissioner Newman:
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I ELECTION BALLOT
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3 CITY OF SOUTH MIAMI GENERAL ELECTION
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5 June 9, 2009
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9 COMMISSIONER RACE — GROUP IV
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11 There is hereby elected a Commissioner for the City of South Miami from Group IV to serve for
12 an unexpired term ending February 9, 2010. Vote for one (1)
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30 The polls will be opened on Tuesday, June 9, 2009 from 7:00 a.m. to 7:00 p.m., at City Hall, City Commission
31 Chambers, 6130 Sunset Drive, South Miami, FL.
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43 W:\My DocumentsTlections 2009 \ordinance 2009 Special Election 4.09.doc
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