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Home My Public Portal About18-9540 Calling for a General Election to be held in and for the City of Opa-locka November 6, 2018 Sponsored by: City Clerk RESOLUTION NO. 18-9540 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, CALLING FOR A GENERAL ELECTION TO BE HELD IN AND FOR THE CITY OF OPA-LOCKA, FLORIDA, ON NOVEMBER 6, 2018; PROVIDING AUTHORIZATION FOR THE CITY CLERK TO PUBLISH THE APPROPRIATE NOTICE OF THE GENERAL ELECTION IN A NEWSPAPER OF GENERAL CIRCULATION IN THE CITY AT LEAST FIFTEEN (15) DAYS PRIOR TO THE ELECTION AS SET FORTH IN SECTION 8.5-3 OF THE CODE OF ORDINANCES OF THE CITY OF OPA-LOCKA, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. WHEREAS, a general election is scheduled to be held on November 6, 2018 in and for the City of Opa-locka ("City"); and WHEREAS, pursuant to Section 8.5-3 of the City Code, due notice of said elections shall be given to the public. NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA: Section 1. A General Election is hereby called to be held in and for the City of Opa- locka, Florida, on the 6t'' day of November 2018, from 7:00 a.m. to 7:00 p.m., at which time there will be submitted to the qualified electors residing in the City of Opa-locka to be voted upon by said qualified electors, the names of candidates for the Office of Mayor and the Office of City Commission. Section 2. City registration books will be closed pursuant to law on October 09, 2018 for the general election. Resolution No. 18-9540 Section 3. The qualifying period for candidates opened Monday, August 6, 2018 at 9:00 a.m. and closed on Friday, August 17, 2018 at 12:00 noon. Section 4. Notice of general election shall be given in substantially the following form: NOTICE OF GENERAL ELECTION City of Opa-locka, Florida Public Notice is hereby given that pursuant to the Charter of the City of Opa-locka, Florida, as amended, and a resolution adopted by the City Commission of the City of Opa-locka, Florida, a general election has been called and ordered to be held in and for said City from 7:00 a.m. to 7:00 p.m. on the 6th day of November, 2018 for a nomination and election of candidates for the Office of Mayor and the Office of City Commission. Section 5. The general election will be held at the regular polling places to wit: Precinct#235 Opa-locka United Methodist Church 630 Sharar Ave. Opa-locka, Florida 33054 Precinct#237 Nathan B. Young Elementary School 14120 N.W. 24th Avenue Opa-locka, Florida 33054 Precinct# Opa-locka Seniors Citizens Center 265/280 (Ingram Park) 14295 NW 21 Court Opa-locka, Florida 33054 Precinct#236 Westview Baptist Church, Inc. 13301 NW 24 Avenue Miami, FL 33167 Precinct#296 Robert B. Ingram Elementary School 600 Ahmad St. Opa-locka, Florida 33054 Section 6. . All qualified electors of the City of Opa-locka, Florida, whose names appear upon the registration book in the office of the Supervisor of Elections of Miami-Dade County, Florida, on October 09, 2018, and who are electors of the City of Opa-locka, will be entitled to vote at said elections. Resolution No. 18-9540 Section 7. Vote by mail ballots shall be passed and issued in accordance with the election laws of the State of Florida pertaining thereto. Section 8. Upon closing of the polls of the general election, the inspectors and clerks thereof shall file a certified copy of the returns of said general election with the Miami-Dade County Elections Department, who shall transmit such returns to the Canvassing Board, so that such returns may be thereafter canvassed and the results of said elections may be officially declared by the Miami-Dade County Canvassing Board: As to the November 6th, 2018 General Election Section 9. The City Clerk is hereby authorized to publish the appropriate notice of general and special elections in a newspaper of general circulation in the City at least fifteen (15) days prior to the election, as set forth in Section 8.5-3(b) of the Code of Ordinances of the City of Opa-locka. Section 10. The recitals to the preamble herein are incorporated by reference. Section 11. This Resolution shall take effect upon adoption by the City Commission, and subject to the final approval by the State of Florida Financial Oversight Board for the City of Opa-locka, FL. PASSED AND ADOPTED this 12th day of September, 2018. i / 1 - LOR MAYOR Attest to: Joa 4 a Flores Vincent Brown, Esq. Cit Clerk The Brown Law Group, LLC City Attorney Moved by: VICE MAYOR KELLEY Seconded by: COMMISSIONER RILEY Commission Vote: 5-0 Commissioner Holmes: YES Commissioner Pigatt: YES Commissioner Riley: YES Vice-Mayor Kelley: YES Mayor Taylor: YES Qp,•I.i CAt4 � yY/y{ji79; t' Jk rfm`j it '..,AwopQs, O City of Opa-Locka Agenda Cover Memo• Office of the City Joanna Flores Clerk: Commission 09/12/2018 Item Type: Resolution Ordinance Other Meeting Date: X (EnterX in box) Fiscal Impact: Ordinance Reading: 1st Reading 2nd Reading (EnterX in box) Yes No (EnterX in box) x Public Hearing: Yes No Yes No (EnterX in box) X X Funding Source. (Enter Fund& Advertising Requirement: Yes No Dept) (EnterX in box) x Ex: Account#:16-512312 Contract/P.O. Yes No RFP/RFQ/Bi#: Required: (EnterX in box) Strategic Plan Yes No Strategic Plan Priority Area: Strategic Plan Obj./Strategy: Out Related X the specific objective/strategy this item will (EnterX in box) Enhance Organizational p address) Bus.&Economic Dev p Public Safety Quality of Education 0 Qual.of Life&City Image EJ Communcation 0 Sponsor Name Department: City Clerk Office of the City Clerk Office of the City Clerk Short Title: A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF OPA-LOCKA, FLORIDA, CALLING FOR A GENERAL ELECTION TO BE HELD IN AND FOR THE CITY OF OPA-LOCKA, FLORIDA, ON NOVEMBER 6, 2018; PROVIDING AUTHORIZATION FOR THE CITY CLERK TO PUBLISH THE APPROPRIATE NOTICE OF SPECIAL ELECTION IN A NEWSPAPER OF GENERAL CIRCULATION AS SET FORTH IN SECTION 8.5-3 OF THE CODE OF ORDINANCES OF THE CITY OF OPA-LOCKA, FLORIDA; FURTHER DIRECTING THE CITY CLERK TO CAUSE A CERTIFIED COPY OF THE HEREIN RESOLUTION TO BE DELIVERED TO THE SUPERVISOR OF ELECTIONS OF MIAMI-DADE COUNTY, FLORIDA; PROVIDING FOR INCORPORATION OF RECITALS; PROVIDING FOR AN EFFECTIVE DATE. Staff Summary: Section 5.1. - Municipal Elections. A. Holding elections[.]The regular election for members of the commission and mayor shall be held on the first Tuesday after the first Monday in November of each even numbered calendar year. The mayor's seat and two commission seats are up for election on November 6, 2018 (currently held by Mayor Myra L.Taylor, Commissioner John Riley and Commissioner Timothy Holmes). The City of Opa-locka is piggybacking off of Miami-Dade County's Election on November 6, 2018.The cost associated with this election is not to exceed $10,000.00. Proposed Action: Approval recommended Attachment: 1. City of Opa-locka Charter Section 5.1(a) 2. City of Opa-locka Code of Ordinances Section 8.5-3 Opa-locka, FL Code of Ordinances Page 1 of 4 Section 5.1. - Municipal Elections. A. Ho/dingelections[.JThe regular election for members of the commission and mayor shall be held on the first Tuesday after the first Monday in November of each even numbered calendar year. The commission shall order special elections on other dates to fill vacancies on the commission when such elections are mandatory under this charter. Special elections may also be called on at least thirty (30) days notice at any time to validate general obligation bond issues, to ratify a new charter or amend a current one, to initiate ordinances or secure an expression from the electors on referred ordinances in the manner prescribed in this charter, or for any or all other lawful purposes. B. Regulation of elections. The commission shall by ordinance establish such rules and regulations as it considers needful or desirable, not inconsistent with this charter, governing the conduct of municipal elections, for the prevention of fraud in such elections, and for the recount of ballots in case of doubt or fraud. Municipal elections shall be supervised by the city clerk and conducted by an election board consisting of an election clerk and two (2) or more qualified electors for each precinct appointed by the commission who shall act as inspectors of the election. C. Registration of voters;compliance with ordinances and laws[.JElections and maintenance of voters registration lists shall be conducted in accordance with the ordinances of the city and the laws of the State of Florida. D. Regular elections of mayor and commissioners;run-off elections;qualifications of voters;conduct to conform to statutes. (1) A general election shall be held on the first Tuesday after the first Monday in November of each even-numbered year to choose a successor to the elective office of mayor or commission where said are expiring, unless the general election being conducted by the Miami Dade County Elections Department is held on another day, in which case the Opa-locka election shall be held on the same day. The candidate for mayor receiving highest number of ballots cast shall be deemed the duly elected mayor. The two (2) candidates for commission receiving the highest number of votes cast for commission shall be deemed duly elected. In any special election to fill an unexpired term on the Commission, the candidate receiving the highest number of votes shall be deemed duly elected. about:blank 9/7/2018 Opa-locka, FL Code of Ordinances Page 2 of 4 (2) Any person who shall possess the qualifications requisite to be an elector at the general state election and shall have resided in the City of Opa-locka more than forty-five (45) days next preceeding the city election at which he offers to vote, and shall have registered with the elections division of Miami Dade County, shall be a qualified elector of the city. (3) Any person who shall be a qualified elector of the city and who shall have resided in the City of Opa-locka more than 365 days prior to the day of the election at which the said person seeks to qualify as a candidate for the office of commissioner or mayor shall be qualified as candidate to seek the office of commissioner or mayor. (4) All elections held in the City of Opa-locka shall be conducted and held according to the provisions of the general election laws of the State of Florida, except as otherwise provided for in the Charter of the City of Opa-locka and except that the City Commission shall be substituted for a board of county commissioners. (5) The name of any elector of the city shall be printed upon the ballot as a candidate for nomination to the office of commissioner or mayor of the City of Opa-locka the sum of two hundred fifty dollars ($250.00) being deposited with the Clerk of the City of Opa-locka at the time of seeking qualifications as a qualifying fee for such candidate to the office of commissioner or mayor of the City of Opa-locka, Florida. The qualification period for elector candidates for the office of mayor and commissioner shall commence at 9:00 a.m. on the first Monday in August of each even-numbered year, and continuing until 12 noon on the Friday which is eleven (11) days after the commencement date. Each elector shall submit concurrently there with a sworn statement of the elector's name, address together with a statement under oath as to residency in the City of Opa-locka for more than 365 days prior to the date of election sought for qualification as a candidate, occupation and willingness to serve if elected. (6) The word "resident" and all of its derivatives shall mean that a person shall be considered as such when he actually lives in a house, trailer, or an apartment within the boundaries of the City of Opa-locka. The Supervisor of Elections is required to request proof of residency including but not limited to homestead exemption, driver's license, motor vehicle registration, voter's registration about:blank 9/7/2018 Opa-locka, FL Code of Ordinances Page 3 of 4 card, lease agreement, from anyone who applies to qualify as a candidate for the office of commissioner or mayor. A business address or location shall not entitle a proposed candidate or elector to be considered as a "resident". E. Form of ba/lots;listing of candidates.All ballots used in any regular, special or general election of commissioners or mayor held under authority of this charter shall be without party mark or designation and without any insignia or mark of any association or organization thereon, and shall be substantially in the same form as the election ballot used in all general state elections. The following additional provisions with respect to ballots used in any general or special election of commissioners [or mayor] shall also apply: (1) The full names of all candidates nominated for the commission or mayor as hereinbefore provided, except such as may have withdrawn, died or become ineligible, shall be printed on the official ballots. If two (2) candidates with the same surname, or with names so similar as to be likely to cause confusion, are nominated, the addresses of their places of residence may be placed with their names on the ballot. (2) The names of the candidates shall be arranged in the alphabetical order of their surnames. (3) Where voting machines are not used, commissioners or mayor shall be voted for on ballots separate and distinct from ballots used for any other office or question, and the ballot boxes used for the election of commissioners or mayor shall be separate and distinct from ballot boxes used for any other office or question. (4) When voting machines are used, the laws of the State of Florida shall apply, and the form of the ballot shall be modified to conform thereto. F. What commissioners declared elected;how tie vote decided.At any regular municipal election held under the provisions of this charter, the candidates for the office of commissioner, in number equal to the number of commissioners to be elected, who shall have received the greatest number of votes cast, shall be declared elected. The candidate for Mayor receiving the greatest number of votes cast shall be declared elected. A tie between two (2) or more candidates for the office of commissioner shall be decided by a run-off election to be held within thirty(30) days of the certification of the results of the regular election. Similarly, a tie between two or more candidates for mayor shall be decided by a run-off about:blank 9/7/2018 Opa-locka, FL Code of Ordinances Page 4 of 4 election to be held within thirty(30) days of the certification of the results of the regular election. No runoff shall be held less than twenty-one (21) days after the regular election. G. Candidacy of incumbent commissioner and mayor. If an incumbent commissioner qualifying for nomination and election to the office of mayor or an incumbent mayor qualifies for nomination and election to office of commissioner resigns to run as required herein or by State law, the remaining term of his office becomes vacant thereby, and said vacancy shall be filled in accordance with the procedure set forth in this Charter. (Res. No. 12-8434, § 2, 7-18-12) about:blank 9/7/2018 Opa-locka, FL Code of Ordinances Page 1 of 1 Sec. 8.5-3. - Resolution calling election required; contents; publication. (a) Required;contents;publication.The commission shall, not less than thirty(30) days prior to the date of a municipal election, adopt a resolution setting forth: (1) The date upon which such election is to be held; (2) The purpose of such election; (3) The days and hours, prior to the date of such election, during which persons qualified to vote therein may register therefor; (4) The list of polling places in the several precincts; (5) The names of those persons designated and assigned to serve as clerks of election and as inspectors of elections, provided the commission shall have the right to omit this requirement from such resolution and to include the names of clerks of election and inspectors of election in a resolution to be adopted later; (6) The form of ballot to be used in such election, except absentee ballots, prepared in compliance with all statutory requirements relating to ballots. (b) Publication. The commission shall further authorize and direct the city clerk to give notice of the adoption of such resolution and of the provisions thereof hereinbefore prescribed, by and through the publication of an appropriate advertisements in a daily newspaper of general circulation in the city at least fifteen (15) days before the day upon which such municipal election is to be held. (Code 1955, § 9-16) about:blank 9/7/2018