2015-29133 Reso --
RESOLUTION NO. 2015-29133
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA CALLING FOR A MARCH 15, 2016 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF
THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER, IF
THE VOTERS APPROVE THE CITY'S CONVENTION CENTER HOTEL LEASE,
CITY SHALL ADOPT AN ORDINANCE DEDICATING ALL RENT PAYMENTS
RECEIVED BY CITY TO ENHANCE FUNDING (NOT REPLACE OR
SUBSTITUTE FOR CURRENT CITY FUNDING), IN EQUAL PROPORTIONS
ANNUALLY FOR THE TERM OF LEASE, FOR: MASS TRANSIT AND TRAFFIC
REDUCTION, PRE-K THROUGH 12 EDUCATION, STORMWATER PROJECTS
(IN LIEU OF RATE INCREASES), AND UNDERGROUNDING ELECTRIC
UTILITIES, WITH ANY AMENDMENT/REPEAL OF SUCH ORDINANCE
SUBJECT TO VOTER REFERENDUM APPROVAL.
WHEREAS, following a duly noticed first reading/public hearing on July 31, 2015, and a
duly noticed second reading/public hearing on September 2, 2015, the Mayor and City
Commission of the City of Miami Beach, Florida adopted Resolution No. 2015-29115, approving
a Development and Ground Lease Agreement ("Lease")with Portman Miami Beach, LLC for the
development of an 800 room convention headquarter hotel and related facilities (the "Hotel"), on
an approximately 2.65-acre site on the northeast corner of 17th Street and Convention Center
Drive, bounded roughly by the Miami Beach Convention Center to the North, 17th Street to the
South, The Fillmore Miami Beach at the Jackie Gleason Theater to the East and Convention
Center Drive to the West; and
WHEREAS, pursuant to Section 1.03(b)(3) of the City Charter, the Lease is contingent upon
and requires approval by vote of at least sixty (60) sixty percent of the voters voting thereon in a
City-wide referendum, with such vote currently scheduled to take place on March 15, 2016; and
WHEREAS, the City would like to schedule a vote of the electorate for Tuesday, March 15,
2016, in order for the residents of Miami Beach to vote on whether the City should adopt an
ordinance dedicating the rent payments received by the City pursuant to the Lease for certain
specified projects as set forth herein.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH:
SECTION 1.
In accordance with provisions of the Charter of the City of Miami Beach, Florida and the
general laws of the State of Florida, a Special Election is hereby called and directed to be held
in the City of Miami Beach, Florida, from 7:00 a.m. to 7:00 p.m. on Tuesday, March 15, 2016, for
the purpose of submitting to the electorate the question as set forth hereinafter.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the
said Special Election hereby called, with acceptance of the certification of the results of said
Special Election to be performed by the City Commission. The official returns for each precinct
shall be furnished to the City Clerk of the City of Miami Beach as soon as the ballots from all
precincts have been tabulated.
SECTION 3.
That the said voting precincts in the City of said Special Election shall be as established
by the proper and appropriate Miami-Dade County Election Officials. All electors shall vote at
the polling places and the voting precincts as determined by the Miami-Dade County Election
Officials as set forth in the attached Exhibit"A."
SECTION 4.
Not less than thirty days notice of the adoption of this Resolution and of its provisions
calling this Special Election shall be given by publication in the Miami Herald, a newspaper of
general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be
made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3
of the Code of the City of Miami Beach.
SECTION 5.
The Notice of Election shall be substantially in the following form:
THE CITY OF MIAMI BEACH, FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN THAT A SPECIAL ELECTION HAS BEEN
CALLED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF
MIAMI BEACH, FLORIDA, AND WILL BE HELD IN SAID CITY FROM 7:00
A.M. UNTIL 7:00 P.M. ON THE 15th DAY OF MARCH, 2016 AT WHICH TIME
THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND
QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING
QUESTION:
2
Referendum Re: Use of Rent Payments
Received By City from Convention Center Hotel Lease
If voters approve City's Convention Center Hotel lease, shall City adopt an ordinance
dedicating all rent payments received by City to enhance funding (not replace or substitute for
current City funding), in equal proportions annually for the term of lease, for: mass transit and
traffic reduction, pre-k through 12 education, stormwater projects (in lieu of rate increases), and
undergrounding electric utilities, with any amendment/repeal of such ordinance subject to voter
referendum approval?
YES
NO
Said Notice shall further set forth the several polling places in the election precincts as
established in accordance with Section 3 hereof, and shall further set forth pertinent information
regarding eligibility of electors to participate in said elections.
SECTION 6.
That the official ballot to be used in the Special Election to be held on March 15, 2016,
hereby called, shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
Referendum Re: Use of Rent Payments
Received By City from Convention Center Hotel Lease
If voters approve City's Convention Center Hotel lease, shall City adopt an ordinance
dedicating all rent payments received by City to enhance funding (not replace or substitute for
current City funding), in equal proportions annually for the term of lease, for: mass transit and
traffic reduction, pre-k through 12 education, stormwater projects (in lieu of rate increases), and
undergrounding electric utilities, with any amendment/repeal of such ordinance subject to voter
referendum approval?
YES
NO
3
SECTION 7.
The form of the ballots to be used in this Special Election and their preparation shall be
in compliance with all statutory requirements relating to the use of mechanical or other approved
voting machines or devices.
SECTION 8.
Registration of persons desiring to vote in the Special Election shall be in accordance
with the general law of the State of Florida governing voter registration. Qualified persons may
obtain registration forms to vote at the Office of the City Clerk, City Hall, 1700 Convention
Center Drive, First Floor, Miami Beach, Florida 33139, during normal business hours, and at
such other voter registration centers and during such times as may be provided by the
Supervisor of Elections of Miami-Dade County. The Miami-Dade County Supervisor of
Elections will register voters for this Special Election until 5:00 p.m. on Feb.16 , 2016. All
persons eligible to vote at this Special Election must be registered before the time and date set
forth herein or have registered previously, as provided by law. Each person desiring to become
a registered voter shall be responsible for properly filling out the registration form and returning
it to the Miami-Dade County Elections Office. All questions concerning voter registration should
be directed to the Miami-Dade County Elections Office, 2700 N.W. 87th Avenue, Doral, Florida
33172; Telephone: (305) 499-VOTE (8683).
SECTION 9.
That the absentee voters participating in said Special Election shall be entitled to cast
their ballots in accordance with the provisions of the Laws of the State of Florida with respect to
absentee voting.
SECTION 10.
That the City of Miami Beach shall pay all expenses for conducting this Special Election
and will pay to Miami-Dade County or directly to all persons or firms, upon receipt of invoice or
statement approved by the Supervisor of Elections of Miami-Dade County, Florida.
SECTION 11.
If any section, sentence, clause or phrase of the ballot measure set forth above in this
Resolution is held to be invalid or unconstitutional by any court of competent jurisdiction, then
said holding shall in no way affect the validity of the remaining portions of said ballot measure.
4
SECTION 12.
This Resolution shall be effective immediately upon its passage. This Resolution may
only be amended by a 517th vote of the City Commission, except for scheduling or rescheduling
of the special election date, which date may be amended by a 417th vote of the City
Commission.
PASSED and ADOPTED this 02 day of Sep 7401 6t?iV' , 2015.
ATTEST:
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?''E E E AC h 1700 Convention Center Drive, Miami Beach, Florida33139
www.miamibeachfl.gov
OFFICE OF THE CITY ATTORNEY
Tel: 305.673.7470, Fax: 305.673.7002
COMMISSION MEMORANDUM
TO: MAYOR PHILIP LEVINE
MEMBERS OF THE CITY COMMISSION
CITY MANAGER JIMMY MORALES
FROM: RAUL J. AGUILA p
CITY ATTORNEY
DATE: SEPTEMBER 2, 2015
SUBJECT: RESOLUTION CALLING NOVEMBER 3, 2015 SPECIAL
ELECTION FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION
ASKING WHETHER, IF VOTERS APPROVE CITY'S CONVENTION
CENTER HOTEL LEASE, CITY SHALL ADOPT AN ORDINANCE
DEDICATING ALL RENT PAYMENTS RECEIVED BY CITY TO ENHANCE
FUNDING (NOT REPLACE OR SUBSTITUTE FOR CURRENT CITY
FUNDING), IN EQUAL PROPORTIONS ANNUALLY, FOR THE TERM OF
LEASE, FOR: MASS TRANSIT AND TRAFFIC REDUCTION, PRE-K
THROUGH 12 EDUCATION, STORMWATER PROJECTS (IN LIEU OF
RATE INCREASES), AND UNDERGROUNDING ELECTRIC UTILITIES,
WITH ANY AMENDMENT/REPEAL OF SUCH ORDINANCE SUBJECT TO
VOTER REFERENDUM APPROVAL.
The attached Resolution has been prepared at Commissioner Tobin's request.
The attached Resolution calls for a City of Miami Beach Special Election to be held on
November 3, 2015 for the' purpose of submitting to the City's voters the following
question:
Agenda Item R7V
Date 4^d-(S-
Referendum Re: Use of Rent Payments
Received By City from Convention Center Hotel Lease
If voters approve City's Convention Center Hotel lease, shall City adopt an ordinance
dedicating all rent payments received by City to enhance funding (not replace or
substitute for current City funding), in equal proportions annually for the term
of lease, for: mass transit and traffic reduction, pre-k through 12 education, stormwater
projects (in lieu of rate increases), and undergrounding electric utilities, with any
amendment/repeal of such ordinance subject to voter referendum approval?
Two companion agenda items shall be considered at the September 2, 2015 City
Commission meeting, namely a Resolution to approve the proposed Development and
Ground Lease Agreement ("Lease") for the Convention Center hotel (Agenda Item
R7A), and a Resolution calling for a special election for the purpose of submitting to the
voters a referendum re: approval of the Lease in accordance with Section 1.03(b)(3) of
the City Charter (Agenda Item R7B).
Pursuant to directive of the Miami-Dade County Elections Department, the final date by
which the City may adopt its Resolution placing a ballot measure on the November 3,
2015 ballot is September 4, 2015. Accordingly, this matter is timely presented to the
City Commission and adoption of the attached Resolution may take place at today's
meeting.
•
T:\AGENDA\2015\September\MBCC Headquarter Hotel\City Atty Comm Memo Ballot Question MBCC Hotel.docx
MIAMI BEACH
MIAMI BEACH RUN-OFF ELECTION
NOVEMBER 17, 2015
MIAMI BEACH PRECINCTS LIST
PCT Place Name Location PCT Place Name Location
011 Biscayne Elementary 800 77 Street 030 Miami Beach 2000 Convention
School Botanical Garden Center Drive
013 North Shore Branch 7501 Collins 031 Miami City Ballet 2200 Liberty
Library Avenue Avenue
014 North Shore Park Youth 501 72 Street 032 Miami Beach Regional 227 22 Street
Center Library
015 Normandy Shores Golf 2401 Biarritz Drive 033 Miami Beach Senior 2231 Prairie
Club High School Avenue
018 Indian Creek Fire 6860 Indian Creek 036 Miami Beach Police 999 11 Street
Station#4 Drive Athletic League
019 Normandy Park&Pool 7030 Trouville 037 Miami Beach City Hall 1700 Convention
Esplanade Center Drive
020 Ronald W. Shane 6500 Indian Creek 038 Veterans Foreign War 650 West Avenue
Center Drive Post#3559
023 Miami Beach Fire 5303 Collins 040 South Pointe 1050 4 Street
Station#3 Avenue Elementary School
024 Nautilus Middle School 4301 N. Michigan 041 South Shore 833 6 Street #2
Avenue Community Center
025 T Nautilus Middle School 4301 N. Michigan 042 Feinberg Fisher K-8 601 14 Place
Avenue Center School
028 Temple Beth Sholom 4144 Chase 043 Miami Beach Police 1100 Washington
Avenue _ Department Avenue
029 North Beach 4100 Prairie 048 Rebecca Towers 200 Alton Road
Elementary School Avenue
T=Temporary Polling Place Change
Please note that the above list is subject to change, if needed.
The voting precincts for the November 17, 2015 City of Miami Beach Run-Off Election shall be as established by the Miami-
Dade County election officials. On Election Day, all electors shall vote at the voting locations and the voting precincts in which
the official registration books show that the electors reside. All questions concerning voting locations and voting precincts
should be directed to the Miami-Dade County Elections Department, 2700 NW 87 Avenue, Doral, Florida 33172; Telephone:
305.499.VOTE (8683)or TTY: 305.499.8480.
Rafael E. Granado
City Clerk
Exhibit A
Miami Beach Precincts List as of
November 17, 2015.
Upon receipt of the March 15,
2016 Miami Beach Precincts list
from Miami Dade County
Elections, this Exhibit will be
updated.