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Home My WebLink AboutH-3 Ordinance: Qualifying Dates ChangeResolution No. City of Miami Gardens 1515-200 NW 167th Street Miami Gardens, Florida 33169 Mayor Shirley Gibson Vice Mayor Barbara Watson Councilman Melvin L. Bratton Councilman Oscar Braynon II Councilman Andre Williams Councilwoman Sharon Pritchett Councilman Aaron Campbell Jr. Aqenda Cover Paqe Date: 09/12/07 Fiscal Impact: No X Yes Public hearing ^ Quasi-Judicial ^ (If yes, explain in Staff Summary) Ordinance ^ Resolution Funding Source: N/A 1st Reading x 2nd Reading ^ Contract/P.O. Requirement: Yes No X Advertising requirement: No x Sponsor Name/Department: RFP/RFQ/Bid # Ronetta Taylor, CMC, City Clerk Title AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING SECTION 9, OF ORDINANCE NO. 2005-12-50, TO CHANGE THE QUALIFYING DATES FOR CANDIDATES FOR MAYOR OR CITY COUNCIL MEMBER; PROVIDING FOR ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. Summarv This is a house keeping item, addressing the qualifying period for the City of Miami Gardens General Election, which as per the City's Charter is held in conjunction with the States' Primary. Due to the changes made by the State Legislature to the Florida Election Code, the State's Primary Election is now scheduled for August 26, 2008. Therefore, the City's qualifying period must be changed to comply with that election date, as well as to provide sufficient time to meet Miami-Dade County's ballot submission requirements. The qualifying dates for the City of Miami Gardens General Election, scheduled for August 26, 2008, will take place Monday, June 16, 2008 through Friday, June 20, 2008. Recommendation: City Council approve this ordinance on first reading, with second reading and public hearing to take place Tuesday, September 25, 2007. H-3) ORDINANCE 1ST READING QUALIFYING DATES CHANGE 1 2 3 ORDINANCE No. 4 5 6 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI 7 GARDENS, FLORIDA, AMENDING SECTION 9, OF ORDINANCE NO. 8 2005-12-50, TO CHANGE THE QUALIFYING DATES FOR CANDIDATES 9 FOR MAYOR OR CITY COUNCIL MEMBER; PROVIDING FOR 10 ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES 11 IN CONFLICT; PROVIDING A SEVERABILITY CLAUSE; PROVIDING 12 FOR INCLUSION IN CODE; PROVIDING AN EFFECTIVE DATE. 13 14 WHEREAS, the City of Miami Gardens previously adopted Ordinance No. 2005- 15 12-50, which established the processes for the City' elections, and 16 WHEREAS, recently State law changed so that the date of the State Primary 17 Election is now in August, as opposed to September, and 18 WHEREAS, the City Council deems it necessary and appropriate to amend 19 Section 9 of the Ordinance to change the dates for qualifying as a candidate for Mayor or 20 City Council Member to comport with a recent change in the State Law, 21 NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY 22 OF MIAMI GARDENS, FLORIDA, as follows: 23 SECTION 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas 24 Clauses are hereby ratified and confirmed as being true, and the same are hereby 25 made a specific part of this Ordinance. 26 SECTION 2. AMENDMENT: Section 9 of Ordinance No. 2005-12-50 is hereby 27 amended as follows: 28 Section 9. Qualifying as candidate for Mayor or City Council Member; fee; 29 oath; single candidate considered elected. 30 Candidates for the office of Mayor or City Council Member shall qualify with the City 31 Clerk no earlier than : .. ~~- 9:00 a.m. on the first Monday in June Pa~e 1 Ordinance No. 2007 1 and no later than 4:00 p.m. on #~e-4S~' on 2 the third Friday in June, , every year a 3 municipal general election is held, and in the method provided for in the City Charter 4 and under the rules of elections prescribed in the Florida Statutes. 5 (A) A candidate for the office of Mayor or City Council Member shall qualify by 6 paying to the City Clerk the sum of $200 as a qualifying fee, which fee shall be in 7 addition to any fee required by the State, and by signing the oath required by Section 9 8 of this Ordinance. The following additional provisions shall also apply: 9 (1) A person may not be a candidate for more than one office in the same 10 election. 11 (2) Only electors of the City, as defined by Section 5.1(a), of the City Charter, 12 who have resided continuously in the City for at least one year preceding their qualifying 13 date shall be eligible to hold the office of Mayor, or Council member. 14 (3) A person may not be a candidate for an open residential council member 15 seat unless that person has resided in the residential area he or she seeks to 16 represent, continuously for a period of one year preceding his/her qualifying date. 17 (4) If, at the conclusion of the qualifying period, no elector has filed or 18 qualified for an open seat, or if the death, withdrawal or removal from the ballot of a 19 qualified elector occurs, then the qualifying period for that open seat shall be reopened 20 for a period of five business days and any qualified elector who resides in the relevant 21 residential area and has resided continuously in the City for at least one year may file a 22 written notice of candidacy for the open seat in accordance with the provisions of this 23 Section. 24 (B) If, at the close of the qualifying period, there is only one duly qualified candidate 25 for Mayor or for any City Council seat, that single candidate shall be considered elected 26 automatically. The City Clerk shall not accept any oath or affirmation for filing unless the 27 same is accompanied by the payment of the required qualifying fee, unless qualifying is 28 via petition in which case the qualifying fee is waived. 29 SECTION 3. CONFLICT: All ordinances or Code provisions in conflict herewith 30 are hereby repealed. 31 SECTION 4. SEVERABILITY: If any section, subsection, sentence, clause, 32 phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by 33 any court of competent jurisdiction, such portion shall be deemed a separate, distinct and 34 independent provision and such holding shall not affect the validity of the remaining 35 portions of this Ordinance. 36 SECTION 5. INCLUSION IN CODE: It is the intention of the City Council of the Pa~e 2 Ordinance No. 2007 1 2 3 4 5 6 City of Miami Gardens that the provisions of this Ordinance shall become and be made a part of the Code of Ordinances of the City of Miami Gardens and that the sections of this Ordinance may be renumbered or relettered and the word "Ordinance" may be changed to "Chapter," "Section," "Article" or such other appropriate word or phrase, the use of which shall accomplish the intentions herein expressed; provided, however, that Section 1 hereof or the provisions contemplated thereby shall not be codified. 7 SECTION 6. EFFECTIVE DATE: This Ordinance shall become effective 8 9 10 11 12 13 14 15 16 17 18 19 20 21 22 23 24 25 26 27 28 29 30 31 32 33 34 35 36 37 38 39 40 41 immediately upon its final passage. PASSED ON FIRST READING ON THE DAY OF , 2007. ADOPTED AND PASSED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS AT ITS REGULAR MEETING HELD ON THE DAY OF , 2007. SHIRLEY GIBSON, MAYOR ATTEST: RONETT~4 TAYLOR, CMC, CITY CLERK Prepared by SONJA KNIGHTON DICKENS, ESQ. City Attorney SPONSORED BY: Ronetta Tavlor, City Clerk MOVED BY: SECONDED BY: VOTE: Mayor Shirley Gibson _(Yes) (No) Vice Mayor Barbara Watson _(Yes) (No) Councilman Melvin L. Bratton r(Yes) (No) Councilman Aaron Campbell Jr. _(Yes) (No) Councilman Ulysses Harvard _(Yes) (No) Councilwoman Sharon Pritchett _(Yes) (No) Councilman Oscar Braynon II _(Yes) (No) Page 3 Ordinance No. 2007 SKD/yt 265625_1.DOC Pa~e 4