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HomeMy WebLinkAboutOrdinance 98-43 ORDINANCE NO. 98- tf3 AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, PURSUANT TO THE REQUIREMENT OF SECTION 8.10 OF THE MUNICIPAL CHARTER, CALLING FOR A SPECIAL ELECTION TO BE HELD ON THURSDAY, OCTOBER 1, 1998, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF SUNNY ISLES BEACH A PROPOSED AMENDMENT TO THE SUNNY ISLES BEACH MUNICIPAL CHARTER CHANGING THE NAME OF THE CITY TO "AVENTURA BEACH." WHEREAS, Section 8.10 of the Municipal Charter of the City of Sunny Isles Beach, provides in pertinent part "Not later than August 1, 1998, the City Clerk shall schedule an election to decide whether the name of the City shall be changed to Aventura Beach"; and WHEREAS, the Sunny Isles Beach City Commission in compliance therewith has determined to submit the issue of whether to change the name of the City to referendum, set forth specifically herein below. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AS FOllOWS: Section 1. Callina A Soecial Election In accordance with the Municipal Charter of the City of Sunny Isles Beach, Florida, and the general laws of the State of Florida, a Special Election is hereby called and directed to be held in the City of Sunny Isles Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Thursday, October 1, 1998, for the purpose of submitting to the electorate of the City the question as set forth hereinafter. Section 2. Conducting the Soecial Election That the appropriate and proper Miami-Dade County Supervisor of Elections and his staff of officials shall conduct the said Special Election hereby called, with Miami-Dade County's certification of the results of said Special Election being Ord. Calling Special Election Page 1 accepted by the City Commission. The official returns for each precinct shall be furnished to the City Clerk of the City of Sunny Isles Beach as soon as the ballots from all precincts have been tabulated and results duly accepted by said appropriate Miami-Dade County Election Officials. Section 3. Votina Precincts That said voting precincts in the City of Sunny Isles Beach for said Special Election shall be as established by the proper and appropriate Miami-Dade County Supervisor of Elections and his staff of officials. All electors shall vote at the polling places and the voting precincts in which the OFFICIAL REGISTRATION BOOKS show that the said electors reside. A list of the voting precincts and the polling places therein (subject to change by the Miami-Dade County Supervisor of Elections, in accordance with the laws of Florida) is attached hereto as Exhibit A. Section 4. Voter Reaistration That registration of persons desiring to vote in said Special Election shall be in accordance with the general laws of the State of Florida governing voter registration. Qualified persons may obtain registration forms to vote at the Office of the City Clerk, City Hall, Suite 250, 17070 Collins Avenue, Sunny Isles Beach, Florida, 33160, Monday through Friday, except legal holidays, until August 31, 1998, between the hours of 9:00 a.m. and 5:00 p.m., and at such other voter registration centers and during such times as may be provided by the Miami-Dade County Supervisor of Elections. Each person desiring to become a registered voter shall be responsible for properly filling out the registration form and returning it to the Miami-Dade County Elections Office. All completed registration forms must be received by the Miami-Dade County Elections Office and clocked-in no later than August 31 , 1998, at 5:00 p.m. in order for a person to vote in said Special Election. All questions concerning voter registration should be directed to the Miami-Dade County Elections Office, 111 NW 1 st Street, Floor 19, Miami, Florida, 33130; mailing address: P.O. Box 012241, Miami, Florida 33101; telephone: (305) 375-5553. Old. Calling Special Election Page 2 Section 5. Cooies of the Prooosed Amendment That copies of the proposed amendment shall be made available to the electors at the office of the City Clerk from 9:00 a.m. to 5:00 p.m. Monday through Friday, except legal holidays, not later than thirty days prior to the date of said Special Election. Section 6. Notice of Soecial Election A. Not less than thirty days notice of said Special Election shall be given by publication in a newspaper of general circulation in Sunny Isles Beach, Miami-Dade County, Florida. Such publication shall be made at least once each week for four consecutive weeks next preceding said Special Election. B. That the notice of said Special Election shall be substantially in the following form: THE CITY OF SUNNY ISLES BEACH, FLORIDA NOTICE OF SPECIAL ELECTION NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 a.m. UNTIL 7:00 p.m. ON THURSDAY THE 1ST DAY OF OCTOBER, 1998, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF SUNNY ISLES BEACH THE FOLLOWING QUESTION: CHARTER AMENDMENT CHANGING THE NAME OF THE CITY TO AVENTURA BEACH, WHICH NAME CHANGE SHALL BECOME EFFECTIVE ON OCTOBER 9, 1998. SHALL THE ABOVE DESCRIBED AMENDMENT BE ADOPTED? YES NO Ord. Calling Special Election Page 3 Section 7. Official Ballot That the Official ballot to be used in said Special Election to be held on October 1 , 1998, hereby called, shall be in substantially in the following form: OFFICIAL BALLOT THE CITY OF SUNNY ISLES BEACH, FLORIDA NOTICE OF SPECIAL ELECTION, OCTOBER 1, 1998 NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF SUNNY ISLES BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00 a.m. UNTIL 7:00 p.m. ON THURSDAY THE 1ST DAY OF OCTOBER, 1998, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF SUNNY ISLES BEACH THE FOLLOWING QUESTION: CHARTER AMENDMENT CHANGING THE NAME OF THE CITY TO A VENTURA BEACH, WHICH NAME CHANGE SHALL BECOME EFFECTIVE ON OCTOBER 9, 1998. SHALL THE ABOVE DESCRIBED AMENDMENT BE ADOPTED? YES NO Section 8. Absentee Voters That Absentee voters participating in said Special Election shall be entitled to ' cast their ballots in accordance with the provisions of the laws of the State of Florida with respect to absentee voting. Section 9. Payment of Exoenses for Conducting Soecial Election That the City of Sunny Isles Beach shall pay all expenses for conducting this Special Election, and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of an invoice or statement that has been approved by the Ord. Calling Special Election Page 4 Miami-Dade County Supervisor of Elections. Section 10. Severabilitv. The provisions of this Ordinance are declared to be severable and if any section, sentence, clause or phrase of this Ordinance shall for any reason be held to be invalid or unconstitutional, such decision shall not affect the validity of the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall remain in effect, it being the legislative intent that this Ordinance shall stand notwithstanding the invalidity of any part. Section 11. ReDeal of Conflictina Provisions. All Ordinances or parts of Ordinances in conflict herewith are hereby repealed. Section 12. Effective Date. This Ordinance shall become effective ten days after adoption on second reading. PASSED AND ADOPTED upon first reading the L5~day of -::J~ PASSED AND ADOPTED upon second reading this -tt--:ay of ~ 1 ,1998. ,1998. ATTEST: \2~~~~~ Ri,coard Brown-Morilla, City Clerk .:,' \ '. L;';" ...,. . . '" J \.., '. , .. ~. , . '.' \ 1,' .. ~'; OJ.t J,: If. "" ~ 1 ". '--.r.. .-, ',; ,~~",' JO'" ,.... ( ','l \~" ,:;"'.~ V. ~~, ..,. ,: , ., . .? '. . '\ ~, '04 " .' t"t ~ .' ( ~ * ".~ Ord. Calling Special Election Page 5 APPROVED AS TO LEGAL FORM AND SUFFICIENCY: Vote: M. Dannheisser, City Attorney Motion on second reading by: Second on second reading by: Mayor Samson Vice-Mayor Turetsky Commissioner Iglesias Commissioner Kauffman Commissioner Morrow Oed. Calling Special Election V(yes) ~,yes) _(yes) V (yes) L(yes) Page 6 _(no) _(no) _(no) _(no) _(no) A TT ACHMENT A LIST OF POLLING PLACES FOR SONNY ISLES BBACH EL2CTION peT. LOCATION ADDRBSS .........................**.....***..************.****...**.**.********* 001 002 003 004 005 INTRACOASTAL TOWS.S APT BLDG B ST KARY MAGDALEN CATBOL:IC CHURCH w:INSTON TOWBRS - BLDG. 200 PLAZA OF TIIB AHBRICAS ARLEN HOUSB CONDO WEST 19380 COLLr.NS AVE 17775 N BAY RD 251 - 174 ST 17001 NORTH BA.Y RD 500 BAYVIEW DR