HomeMy WebLinkAboutOrdinance 99-65
ORDINANCE NO. 99- C::,5"
AN ORDINANCE OF THE CITY COMMISSION OF THE CITY OF SUNNY
ISLES BEACH, FLORIDA, PURSUANT TO THE REQUIREMENT OF SECTION
2.4 OF THE MUNICIPAL CHARTER, ADOPTING STATE LAWS RELATING
TO ELECTIONS; PROVIDING CITY COMMISSION TO PERFORM DUTIES OF
BOARD OF COUNTY COMMISSIONERS; PROVIDING FOR A RESOLUTION
BY CITY COMMISSION CALLING FOR AN ELECTION; PROVIDING FOR
CITY CLERK TO SERVE AS SUPERVISOR OF ELECTIONS; PROVIDING FOR
CANVASS OF ELECTION RETURNS AND CERTIFICATE OF ELECTION;
PROVIDING FOR QUALIFYING AS A CANDIDATE FOR THE OFFICE OF
MAYOR OR CITY COMMISSIONER, FEE, OATH, SINGLE CANDIDATE
CONSIDERED ELECTED; PROVIDING FOR A SUPPLEMENTAL
QUALIFYING PERIOD; PROVIDING FOR CONTENT, FILING AND FORM OF
OATH; PROVIDING FOR NAMES OF QUALIFIED CANDIDATES TO BE
PRINTED ON BALLOT; PROVIDING FOR INSTALLATION OF NEW
OFFICERS; PROVIDING FOR SEVERABILITY; PROVIDING FOR REPEAL
OF CONFLICTING PROVISIONS, AND FOR AN EFFECTIVE DATE
WHEREAS, the City of Sunny Isles Beach, by virtue of its Municipal Charter, has adopted
on an interim basis, all Codes, resolutions and ordinances of Miami-Dade County in effect on the
date of the adoption ofthe Charter, to the extent applicable to the City, unless otherwise modified
or replaced; and
WHEREAS, Section 2.4 of the Municipal Charter of the City of Sunny Isles Beach,
provides that the procedures for qualifying as a candidate for the office of Mayor or City
Commissioner shall be prescribed by ordinance;
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF THE
CITY OF SUNNY ISLES BEACH, FLORIDA:
Section 1. State law adopted.
All general laws of the State relating to elections and to the registration of persons qualified
to vote therein, which are not inconsistent or in conflict with the provisions ofthis chapter are hereby
adopted as part of this chapter.
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Section 2. City Commission to Perform Duties of Board of County Commissioners.
The City Commission shall perform all acts in relation to general city elections which, by
the state law, are made the duty ofthe Board of County Commissioners.
Section 3. Resolution by City Commission setting forth date and purpose of election. deadline
for registration. polling places. etc.: change of polling places.
For the purpose of making proper provision for each municipal election held in the City, the
City Commission shall, not less than forty-five (45) prior to the proposed date of such election, adopt
a resolution setting forth (a) the date upon which such election is to be held; (b) the purpose of such
election; (c) the days and hours, prior to the date of such election, during which persons qualified
to vote therein may register therefor; (d) the list of polling places in the several precincts provided
for by resolution; (e) the form of ballot to be used in such elections, prepared in compliance with all
statutory requirements relating to the use of mechanical or other approved voting machines or
devices. The City Commission shall further authorize and direct the City Clerk to give notice ofthe
adoption of such resolution and of the provisions thereof hereinbefore prescribed, by and through
the publication of an appropriate advertisement in a newspaper meeting the requirements set forth
in section 50.031, Florida Statutes, once a week for four consecutive weeks next preceding the day
upon which such municipal election is to be held. In the event that any polling place designated in
such resolution shall become unavailable for use as such, the Miami-Dade County Supervisor of
Elections shall designate another polling place in the manner provided by state law.
Section 4. City Clerk To Serve as Supervisor of Elections.
The City Clerk shall serve as the Supervisor of City elections for the City of Sunny Isles
Beach and is hereby authorized and directed to perform all duties and functions and to exercise all
powers required to be performed under City Code, Municipal Charter, the Charter or Code of Miami-
Dade County and the Laws and Constitution of the State of Florida in connection with municipal
elections; provided however, that whenever any act or duty with respect to an election has been, or
may be, performed by the Supervisor of Elections of Miami-Dade County, Florida, it shall not be
necessary for the City Clerk to duplicate that act, but the City Clerk may rely upon the actions ofthe
Supervisor of Elections of Miami-Dade County, Florida.
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Section 5. Canvass of election returns: Certificate of Election.
All municipal elections which do not appear on the same ballot as a county election shall be
canvassed by a board comprised of the City Clerk, the City Attorney, -and the City Manager. and
two re~istered voters to be desi~nated by the City Commission. who shall serve with the
assistance of the Miami-Dade County Supervisor of Elections. The City Clerk shall present a
certification of election results to the City Commission at the first meeting ofthe City Commission
following an election. Canvassing of election returns shall be conducted under applicable provisions
of the Florida Statutes.
Section 6. Qualifying as Candidate For Mayor or City Commissioner: Fee: Oath: Single
Candidate Considered Elected.
Candidates for the office of Mayor or City Commissioner shall qualify with the City Clerk
no earlier than 9:00 a.m. on the fifty-seventh (57th) day and no later than 4:00 p.m. on the fifty-fourth
(54th) day prior to the date ofthe general election for the office of Mayor or City Commissioner. A
candidate for the office of Mayor or City Commissioner shall qualify by paying to the City Clerk
the sum of one hundred dollars ($100.00) as a qualifying fee, and by signing the oaths required by
section 8 of this chapter. Pursuant to Municipal Charter section 5.1 (g), if at the close of the
qualifying period there is only one duly qualified candidate for Mayor or for any City Commission
seat, that single candidate shall be considered elected automatically. The City Clerk shall not accept
any oath or affirmation for filing unless the same is accompanied by the payment of the required
qualifying fee, unless qualifying is via petition in which case the qualifying fee is waived.
Section 7. Supplemental Qualifying Period
Ifthe death, withdrawal or removal from the ballot of a qualified candidate following the end
of the qualifying period results in only one candidate remaining on the ballot for that office, one
supplemental qualifying period shall be established for a period of two days beginning at 9:00 a.m.
on the first Tuesday following the vacancy in candidacy; except that no supplemental qualifying
period shall be established at all if a vacancy in candidacy occurs within twenty-eight (28) days prior
to the date of the general election for the office of Mayor or City Commissioner. A candidate for
the office of Mayor or City Commissioner shall qualify by paying to the City Clerk the sum of one
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hundred dollars ($100.00) as a qualifying fee, and by signing the oath required by section 8 of this
chapter. Pursuant to Municipal Charter section 5.1 (g), if at the close of the qualifying period there
is only one duly qualified candidate for Mayor or for any City Commission seat, that single
candidate shall be considered elected automatically. If within twenty-eight (28) days prior to the
date of the general election for the office of Mayor or City Commissioner, there is only one
candidate on the ballot for an elected office, said candidate shall be declared elected and no election
for that office shall be required.
Section 8. Contents. Filing and Form of Oath.
Every candidate for the office of Mayor or City Commissioner shall take, sign and subscribe
to the oath or affirmation providing written notice oftheir candidacy, as specified in Section 2.4 of
the Charter of the City of Sunny Isles Beach. The oath or affirmation shall read as follows:
OATH OR AFFIRMATION PROVIDING WRITTEN NOTICE OF CANDIDACY
CITY OF SUNNY ISLES BEACH, FLORIDA
STATE OF FLORIDA:
COUNTY OF MIAMI-DADE:
Before me, an officer authorized to administer oaths, personally appeared
, to me well known, who,
(Print your name as you wish it to appear on the ballot)
being sworn, says that he or she is a candidate for the office of (specify Mayor, or
City Commissioner-Seat # _ ) for the City of Sunny
Isles Beach, Florida; that he or she is a qualified elector of the City of Sunny Isles
Beach, Miami-Dade County, Florida; that he or she has resided continuously in
the City of Sunny Isles Beach, Florida, for at least one year preceding today's
date, (and has resided continuously for at least one year preceding today's
date in the respective Residential Area from which he or she seeks to qualify
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for election); that his or her legal residence is
(Print you full residence address)
County, Florida; that he or she is qualified under the ordinances and Municipal
Charter of the City of Sunny Isles Beach, and under the Constitution and the laws
of Florida to hold the office to which he or she desires to be elected; that he or she
has taken the oath required by SS 876.05 - 876.10, Florida Statutes; that he or she
has qualified for no other public office in the state, the term of which office or any
part thereof runs concurrent with that of the office he or she seeks; that he or
she has resigned from any office from which he or she is required to resign
pursuant to S 99.012, Florida Statutes; and that he or she has paid the required
qualification fee.
Signature of candidate
Address
City
State
Zip Code
Sworn to (or affirmed) and subscribed before me this _ day of
, by , at Sunny Isles
Beach., Miami-Dade County, Florida.
Signature and title of City officer administering oath
Personally known , or
Produced identification
Type of identification produced
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Section 9. Names of Qualified Candidates to Be Printed on Ballot.
All persons who have paid the qualifying fee (or have otherwise qualified via petition),
signed the oath, as provided in this chapter, shall be qualified candidates for the office of Mayor
or City Commissioner, as the case may be, at the next election, and the City Clerk shall print
their names on the ballot in alphabetical order.
Section 10. Installation of New Officers.
The City Commission shall meet at 12 o'clock noon on the first day after a general
election, and in the event a run-off election is necessary the City Commission shall also meet
at 12 o'clock noon on the first day after said run-off election, for the purpose of receiving the
certificate of election results from the City Clerk. The City Commission shall accept the results
thereof by resolution and shall declare the new officers to be elected, at which time the City
Clerk shall administer the oath and the new officers shall be installed and shall enter upon the
discharge of their duties. In the event a run-off election is necessary, the new officer(s) shall
be declared elected subsequent to canvass of election returns on the day after said run-off
election, at which time the City Clerk shall administer the oath, and the new officers shall be
installed and shall enter upon the discharge of their duties.
Section 11. Severability.
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 ofthe 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 12. Repeal of Conflicting Provisions.
Any conflicting provisions of ordinances orresolutions of Miami-Dade County, as made
applicable by section 8.8 of the Municipal Charter are hereby repealed.
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Section 13. Effective Date.
This Ordinance shall become effective ten days after adoption on second reading.
PASSED AND ADOPTED upon first reading the 11 th day of March, 1999.
PASSED AND ADOPTED upon second reading this day of
, 1999.
,ATTEST:
~
~ ~~~J ~~
:~Richard Brown-Morilla, City Clerk
\ '
APPROVED AS TO LEGAL FORM
AND SUFFICIENCY:
Motion on second reading by: ~~ ~~\~ ~
Second on second reading by: ~Ov.>\....... ~
Vote:
S"-O
Mayor Samson
Vice-Mayor Turetsky
Commissioner Iglesias
Commissioner Kauffman
Commissioner Morrow
~(yes)
_(yes)
t/(yes)
i/ (yes)
Z(yes)
_(no)
_(no)
_(no)
_(no)
_(no)
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