98-03 ORDINANCE NO. 98-03
AN ORDINANCE OF THE CITY OF AVENTURA, FLORIDA,
ADOPTING SECTION I OF CHAPTER 26, "ELECTIONS,"
PROVIDING THAT THE CITY CLERK SHALL CANVASS
ELECTION RETURNS WITH THE ASSISTANCE OF THE
DADE COUNTY SUPERVISOR OF ELECTIONS;
PROVIDING FOR REPEAL OF CONFLICTING
PROVISIONS; PROVIDING FOR SEVERABILITY,
INCLUSION IN THE CODE AND AN EFFECTIVE DATE.
WHEREAS, Section 8.03 of the City Charter incorporates all code provisions,
ordinances and resolutions contained in the Code of Metropolitan Dade County (the
"County Code"); and
WHEREAS, the City Council wants to repeal any conflicting provisions of the
County Code pertaining to canvassing of elections and establish its own procedure for
the canvassing of election returns and certificates of election.
NOW, THEREFORE, BE IT ORDAINED BY THE CITY COUNCIL OF THE CITY
OF AVENTURA, FLORIDA, THAT:
Section 1. The Code of the City of Aventura, Florida is hereby amended by
adding a new section to Chapter 26, "Elections" which shall read as follows:
Sec 1. Canvassinq of Election Returns; Certificates of Election.
All municipal elections shall be canvassed by the City Clerk with the
assistance of the Dade County Supervisor of Elections. The City Clerk
shall present a certification of election results to the City Council at the
first meeting of the City Council following the election, which shall be
adopted by Resolution. Canvassing of election returns shall be conducted
under the applicable provisions of the Florida Statutes.
Ordinance No. 98-03
Page 2
Section 2. Repeal of Conflicting Provisions. Any conflicting provisions,
ordinances or resolutions of the County Code, as made applicable to the City by
Section 8.03 of the City Charter, are hereby repealed in their entirety.
Section 3. Severability. The provisions of this Ordinance are declared to be
severable and if any section, sentence, clause or phrase of this Ordinance shall for any
reason be held to be invalid or unconstitutional, such decision shall not affect the validity of
the remaining sections, sentences, clauses, and phrases of this Ordinance but they shall
remain in effect, it being the legislative intent that this Ordinance shall stand
notwithstanding the invalidity of any part.
Section 4. Inclusion In the Code. It is the intention of the City Council, and it is
hereby ordained that the previsions of this Ordinance shall become and made a part of the
City of Aventura Code; that the sections of this Ordinance may be renumbered or relettered
to accomplish such intentions; and that the word "Ordinance" shall be changed to "Section"
or other appropriate word.
Section 5. This Ordinance shall become effective immediately after adoption
on second reading.
The foregoing Ordinance was offered by Councilmember Cohen, who moved its
adoption on first reading. This motion was seconded by Councilmember Holzberg, and
upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Ordinance No. 98-03
Page 3
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin yes
Mayor Arthur I. Snyder yes
The foregoing Ordinance was offered by Councilmember Cohen ,
who moved its adoption on second reading. This motion was seconded by
Councilmember Berger , and upon being put to a vote, the vote was as follows:
Councilmember Arthur Berger yes
Councilmember Ken Cohen yes
Councilmember Harry Holzberg yes
Councilmember Jeffrey M. Perlow yes
Councilmember Patricia Rogers-Libert yes
Vice Mayor Jay R. Beskin absent
Mayor Arthur I. Snyder yes
PASSED AND ADOPTED on first reading this 20th day of January, 1998.
PASSED AND ADOPTED on second read ng this 3'd day of February, 1998.
Adhur I. Snyder, Mayor ~
ATTEST: (-
Teresa M. Smith, CMC, City Clerk
APPR,OVED AS TO LE~L SI~FICIENCY:
City Attorne~J- ~)' ~
/tms