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HomeMy WebLinkAboutR-2008-081 Straw Ballot (Change Election Day) RESOLUTION NO. 2008-081 A RESOLUTION OF THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA, PROVIDING FOR TWO (2) NON-BINDING STRAW BALLOT MEASURES TO BE PRESENTED TO THE ELECTORS OF THE CITY AFFECTING THE CITY CHARTER 1) TO DETERMINE IF THERE IS SUPPORT FOR A CHANGE OF THE GENERAL MUNICIPAL ELECTION OF CITY COMMISSIONERS FROM MARCH (OF ODD-NUMBERED YEARS) TO NOVEMBER (OF EVEN-NUMBERED YEARS) WHICH IS THE GENERAL ELECTION DATE IN BROWARD COUNTY AND 2) TO DETERMINE IF THERE IS SUPPORT AS TO WHETHER THE MAYOR- COMMISSIONER SHOULD BE ELECTED FOR A TWO (2) YEAR TERM RATHER THAN A ONE (1) YEAR TERM AS PRESENTLY PROVIDED BY THE CHARTER; PROVIDING FOR SUCH QUESTIONS TO BE SUBMITTED TO THE ELECTORS IN CONJUNCTION WITH THE GENERAL ELECTION HELD IN BROWARD COUNTY ON TUESDAY, NOVEMBER 4, 2008; PROVIDING REQUISITE BALLOT LANGUAGE FOR SUBMISSION TO THE ELECTORS; PROVIDING FOR NOTICE OF ELECTION; PROVIDING FOR SEVERABILITY; PROVIDING FOR CONFLICTS; FURTHER, PROVIDING AN EFFECTIVE DATE. WHEREAS, the City Commission of the City of Dania Beach is authorized to provide for the submission of non-binding measures to the electors of the City pursuant to a "straw ballot"; and WHEREAS, the City Commission desires to submit to the electors of the City proposed straw ballot questions pertaining to Charter amendments which would determine if there is support to 1) change the general municipal election of City Commissioners from March (of odd- numbered years) to November (of even-numbered years) which is the general election date in Broward County and 2) to ask whether the Mayor-Commissioner shall be elected for a two (2) year term rather than the one (1) year term presently provided by the Charter, such questions to be submitted to the electors in conjunction with the general election held in Broward County on Tuesday, November 4, 2008; NOW,THEREFORE,BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA: Section 1. That the above recitals are ratified and confirmed and are made a part of this Resolution. Section 2. That a non-binding referendum election is called, to be held in conjunction with the general Broward County election, for Tuesday, November 4, 2008, to present to the electors of the City of Dania Beach, the straw ballot questions provided in Section 3 of this Resolution. Section 3. That the form of the straw ballot questions provided for in this Resolution shall be substantially as follows: Question One: Amend the City Charter to change the election date of City Commission members. Shall the City Charter be amended to change the date of election of City Commissioners from March (of odd-numbered years) to November (of even-numbered years), which is the date of the general election of Broward County, while eliminating the City primary election process? Yes [ ] No [ ] Question Two: Amend the City Charter to provide a two (2)year term for the Mayor-Commissioner Shall the City Charter be amended to provide that the person who receives the highest number of votes in the general municipal election (which is held every two (2) years) shall serve as Mayor-Commissioner for a two year term (rather than for a one year term, as the present Charter provides)? Yes [ ] No 2 RESOLUTION#2008-081 Section 4. Ballotina. That balloting shall be conducted between the hours of 7:00 a.m. and 7:00 p.m. at the regular polling places for City elections or as otherwise provided by the Broward County Supervisor of Elections in accordance with applicable law. All qualified City electors who are timely registered in accordance with law shall be entitled to vote. Early voting may be provided as authorized by law. Section 5. Notice of Election. That notice of the election shall be published in accordance with Section 100.342, Florida Statutes, in a newspaper of general circulation within the City at least 30 days prior to the election, the first publication to be in the fifth week prior to the election (that is, during the week commencing Sunday, September 28, 2008), and the second publication to be in the third week prior to the election (that is, during the week commencing Sunday, October 12, 2008), and shall be in substantially the following form: "NOTICE OF STRAW BALLOT ELECTION" PUBLIC NOTICE IS GIVEN THAT PURSUANT TO RESOLUTION NO. 2008-081, ADOPTED BY THE CITY COMMISSION OF THE CITY OF DANIA BEACH, FLORIDA (THE "CITY"), A NON-BINDING STRAW BALLOT ELECTION HAS BEEN CALLED AND ORDERED TO BE HELD WITHIN THE CITY, IN CONJUNCTION WITH THE GENERAL BROWARD COUNTY ELECTION, ON TUESDAY, NOVEMBER, 4, 2008, BETWEEN THE HOURS OF 7:00 A.M. AND 7:00 P.M., AT WHICH TIME THE FOLLOWING STRAW BALLOT MEASURES SHALL BE SUBMITTED TO THE QUALIFIED ELECTORS OF THE CITY: 3 RESOLUTION#2008-081 Ouestion One: Amend the City Charter to change the election date of City Commission members. Shall the City Charter be amended to change the date of election of City Commissioners from March (of odd-numbered years) to November (of even-numbered years), which is the date of the general election of Broward County, while eliminating the City primary election process? Yes [ ] No Ouestion Two: Amend the City Charter to provide a two (2)year term for the Mayor-Commissioner Shall the City Charter be amended to provide that the person who receives the highest number of votes in the general municipal election (which is held every two (2) years) shall serve as Mayor-Commissioner for a two year term (rather than for a one year term, as the present Charter provides)? Yes [ ] No Section 6. Copies. That copies of this Resolution proposing the straw ballot measures are on file in the office of the City Clerk located at City Hall, 100 West Dania Beach Blvd., Dania Beach, FL 33004, and are available for public inspection during regular business hours. Section 7. Intent. That the straw ballot questions ar a solely advisory and non- binding measures. 4 RESOLUTION#2008-081 Section 8. That if any section, clause, sentence or phrase of this Resolution is for any reason held invalid or unconstitutional by a court of competent jurisdiction, the holding shall not affect the validity of the remaining portions of this Resolution. Section 9. That all resolutions or parts of resolutions in conflict with this Resolution, shall be repealed to the extent of such conflict. Section 10. Effective Date. That this Resolution shall become effective immediately upon its adoption. PASSED AND ADOPTED on May 13, 2008. ALBERT C. JONES MAYOR—COMMIS NER ATTEST: LOUISE STILSON, CMC CITY CLERK APPROVED AST WOAND CORRECTNESS: BY: ' TAOMAA 1. Al SBRO CITY ATTORNEY 5 RESOLUTION #2008-081