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2019-005-407 Amending Holidays and Gen Election Day City Holiday ORDINANCE NO. 2019-005-407 AN ORDINANCE OF THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AMENDING ARTICLE IV, DIVISION 1, SEC. 2- 377.— HOLIDAYS BY DESIGNATING EACH STATE PRIMARY DAY AND GENERAL ELECTION DAY AS AN OFFICIAL CITY HOLIDAY FOR ALL NONESSENTIAL AND NON-PUBLIC SAFETY EMPLOYEES; PROVIDING FOR THE ADOPTION OF REPRESENTATIONS; REPEALING ALL ORDINANCES IN CONFLICT; PROVIDING FOR A SEVERABILITY CLAUSE; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, in 2005, the City of Miami Gardens City Council Approved Article IV, Division 1, Sec. 2-377.— Holidays, which established official City holidays, and WHEREAS, when the first law designating Election Day as the first Tuesday after the first Monday in November was passed in 1845, every state, except South Carolina, selected its presidential electors by popular vote and had considerable flexibility in deciding when to hold its elections, and WHEREAS, America's election schedule makes it an outlier among the majority of advanced industrial democracies who customarily hold their national elections on weekends or designate weekday elections as national holidays, and WHEREAS, designating each state primary day and general election day as an official city holiday for all nonessential and non-public safety employees will assist in combatting the low voter participation that threatens to erode the responsiveness of our government and legitimacy of our laws. NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY OF MIAMI GARDENS, FLORIDA, AS FOLLOWS: Added language is underlined. Deleted language is stricken through. 1 Ordinance No. 2019-005-407 Section 1. ADOPTION OF REPRESENTATIONS: The foregoing Whereas paragraphs are hereby rated and confirmed as being true, and the same are hereby made a specific part of this Ordinance. Section 2. AMENDMENT: Article IV, Division 1, Sec. 2-377.— Holidays is hereby amended as follows: Sec. 2-377. - Holidays. (a) Intent. The city council deems it appropriate to establish official city holidays to designate the days that city hall will be officially closed. (b) Establishment. The following days are hereby established as official city holidays: New Year's Day January 1 Dr. Martin Luther King, Jr.'s Third Monday in Birthday January Presidents Day Third Monday in February Memorial Day Last Monday in May Independence Day July 4 Labor Day First Monday in September Added language is underlined. Deleted language is stricken through. 2 Ordinance No. 2019-005-407 Columbus Day Second Monday in October Veterans Day November 11 Thanksgiving Day Fourth Thursday in November Day after Thanksgiving Fourth Friday in November Christmas Day , December 25 State Primary Day Third Tuesday of March (Presidential) 10 Weeks before the General Election (Non- Presidential) General Election Day Tuesday following the first Monday in November When Christmas falls on a Sunday, Monday, or Tuesday, the holiday will be granted on the Monday and Tuesday. When Christmas falls on a Thursday, Friday, or Saturday, the holiday will be granted on the Thursday and Friday. When Christmas falls on a Wednesday, the holiday will be granted on the Monday, Tuesday and Wednesday. Section 3. CONFLICT: All ordinances or Code provisions in conflict herewith are hereby repealed. Added language is underlined. Deleted language is stricken through. 3 Ordinance No. 2019-005-407 Section 4. SEVERABILITY: If any section, subsection, sentence, clause, phrase or portion of this Ordinance is for any reason held invalid or unconstitutional by any court of competent jurisdiction, such portion shall be deemed a separate, distinct and independent provision and such holding shall not affect the validity of the remaining portions of this Ordinance. Section 5. INCLUSION IN CODE: It is the intention of the City Council of the 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 section 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. Section 6. EFFECTIVE DATE: This Ordinance shall become effective immediately upon its final passage. PASSED ON FIRST READING ON THE 8th DAY OF MAY, 2019. PASSED AND ADOPTED on second reading this 12T" day of JUNE, 2019. CITY OF MIAMI GARDENS, FLORIDA By: —Q � OLIVER GILBERT, III, MAYOR ATTEST: f / MARIO BATAILLE, CMC, CITY CLERK Added language is underlined. Deleted language is stricken through. 4 Ordinance No. 2019-005-407 REVIEWED BY: SONJA KNIGHTON DICKENS, ESQ., CITY ATTORNEY SPONSORED BY: OLIVER GILBERT, MAYOR Moved by: Councilwoman Odom Second by: Mayor Gilbert VOTE: 6-1 Mayor Oliver Gilbert, III X (Yes) (No) Vice Mayor Rodney Harris X (Yes) (No) Councilwoman Katrina Wilson X (Yes) (No) Councilman Erhabor Ighodaro, Ph.D. X (Yes) (No) Councilwoman Lillie Q. Odom X (Yes) (No) Councilman Reggie Leon X (Yes) (No) Councilman David Williams Jr (Yes) X (No) Added language is underlined. Deleted language is stricken through. 5 Ordinance No. 2019-005-407