HomeMy WebLinkAboutOrdinance 2003-176
ORDINANCE NO. 2003- 17 ~
AN EMERGENCY ORDINANCE OF THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA, AMENDING
ORDINANCE NO. 99-65, ORDINANCE NO. 2001-124, AND
ORDINANCE NO. 2003-170 PERTAINING TO "ELECTIONS," BY
AMENDING SECTION 5, "CANVASS OF ELECTION RETURNS,
CERTIFICATE OF ELECTION" BY REVISING THE COMPOSITION
OF THE CANVASSING BOARD; MAKING A FINDING OF THE
EXISTENCE OF AN EMERGENCY; PROVIDING FOR REPEAL OF
CONFLICTING PROVISIONS; PROVIDING FOR SEVERABILITY;
INCLUSION IN THE CODE; AND PROVIDING FOR AN EFFECTIVE
DATE
WHEREAS, the City wishes to adopt this emergency ordinance, as authorized under
Section 4.4 of the Charter of the City of Sunny Isles Beach and as determined by this
Commission that there is an immediate need for this ordinance in order to have a Canvassing
Board in place in time for the September 9,2003 General Election; 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; and
WHEREAS, the City Commission of the City of Sunny Isles Beach adopted Ordinance
No. 99-65, Ordinance No. 2001-124, and Ordinance No. 2003-170 pertaining to Elections; and
WHEREAS, the City Commission of the City of Sunny Isles Beach wishes to amend
Section 5, "Canvass of Election Returns, Certificate of Election" of Ordinance No. 2003-170, to
revise the composition of the Canvassing Board.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COMMISSION OF
THE CITY OF SUNNY ISLES BEACH, FLORIDA:
Section 1. Making a Finding of the Existence of an Emergency. This Commission hereby
declares that a public emergency exists pursuant to Section 4.4 of the Charter of the City of
Sunny Isles Beach.
Section 2, Section 5, "Canvass of Election Returns, Certificate of Election" of Ordinance
No. 2003-170 is hereby amended to read as follows:
"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 Manager, and two (2) one
ill registered voters to be designated by the City Commission, who shall serve with the
assistance of the Miami-Dade County Supervisor of Elections. The City Clerk shall present a
02003- Amending 02003-170 Elect. Canvassing Board
Page 1
certification of election results to the City Commission at the first meeting of the City
Commission following an election. Canvassing of election returns shall be conducted under
applicable provisions of the Florida Statutes."
Section 3, Repeal of Conflicting Provisions, All ordinances or parts of ordinances in conflict
herewith be and the same are hereby repealed. Resolution No. 2003-585 is hereby repealed.
Section 4. Severability, If any section, sentence, clause or phrase of this Ordinance is declared
invalid or unconstitutional by a Court of competent jurisdiction, the remainder shall not be
affected by such invalidity.
Section 5, Inclusion in the Code. The provisions of this ordinance shall be included and made a
part of the Code of the City of Sunny Isles Beach, Florida as an addition thereto, and may be
renumbered to conform to any uniformed numbering system.
Section 6. Effective Date. This Ordinance shall become effective immediately upon adoption.
PASSED AND ADOPTED this 4th day of September, 20'p~.
/'11
/ I:!zu,
· jaM' r.' M~..
David Samson, Mayor
A,A, ,'fT1. .' S.S.TT.::" \ \"
~I\~
Jane' A, Hines, Acting City Clerk
ttorney
Seconded by:
v\.~ r<\~~v fJeJcAtr\
\ I
C~ MW\ \~~ I o0U2.. rG,L~( 1 illS
Moved by:
Vote: :; -0
Mayor Samson
Vice Mayor Ede1cup
Commissioner Iglesias
Commissioner Goodman
Commissioner Kauffman
(~ yes
(~ yes
( ~1 yes
( ~)lyes
(J6 yes
(_) no
(_) no
(_) no
(_) no
(_) no
02003- Amending 02003-170 Elect. Canvassing Board
Page 2