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2009-27246 Adopting Certificate of Special Election Results of November 3, 2009RESOLUTION NO. 2009-27246 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, ADOPTING THE CERTIFICATE OF THE RESULTS OF THE NOVEMBER 3, 2009 SPECIAL ELECTION FOR THE CITY OF MLAMI BEACH, AND DECLARING RESULTS THEREOF. WHEREAS, the Certification of the results of the City of Miami Beach Special Election have been received and aze attached hereto as Composite Exhibit "A" and aze incorporated herein; and WHEREAS, said Certification reflects that: Question "A" as set forth below was Annroved by the electorate of the City of Miami Beach; Question "B"asset forth below was Appro"ded by the electorate of the City of Miami Beach; Question "C" as set forth below was Approved by the electorate of the City of Miami Beach; and Question "D" as set forth below was Approved by the electorate of the City of Miami Beach. NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, that having canvassed the returns of the November 3, 2009 Special Election of the City of Miami Beach, it hereby adopts the certificate as to the results of said Special Election and it is hereby ordered that the Certificate of Election and this Resolution be recorded in the minutes of the meeting as a permanent record of the results of said Election; and be it further resolved that as a result of the City of Miami Beach November 3, 2009 Special Election, the votes upon the questions presented reflect the following results: ~ The four ballot questions have been lettered "A' ; "B' ; "C' ;and "D" for ease of reference herein only and were not so lettered on the ballot. Question "A": ETHICS IN GOVERNMENT SHALL THE MIAMI BEACH CITY CHARTER BE AMENDED TO INCLUDE WITHIN IT'S CITIZEN'S BILL OF RIGHTS A GUARANTEE THAT ALL CITY OFFICIALS AND EMPLOYEES SHALL ABIDE BY (BEING SUBJECT TO PENALTIES PROVIDED FOR THEREIN) ALL APPLICABLE CODES OF ETHICAL CONDUCT IN OBSERVING IN THEIR OFFICIAL ACTS A HIGH STANDARD OF CONDUCT AND IN DISCHARGING FAITHFULLY THE DUTIES OF THEIR OFFICE REGARDLESS OF PERSONAL CONSIDERATIONS AND INTEREST? 5, 382 YES 373 NO Question "B": SHALL CHARTER SECTION 1.03 BE AMENDED TO REQUIRE UNANIMOUS APPROVAL OF VOTING CITY COMMISSIONERS OR VOTER APPROVAL PRIOR TO THE SALE, EXCHANGE, CONVEYANCE, LEASE, OR OTHER TRANSFER OF ANY CITY INTEREST IN PUBLIC STREET-ENDS BORDERING LAND DESIGNATED "GOVERNMENT USE," "GOLF COURSE," OR WATERFRONT LAND, EXCLUDING A SALE, EXCHANGE, CONVEYANCE, LEASE OR OTHER TRANSFER NOT TO EXCEED 10% IN WIDTH OF SUCH STREET-END WHICH ADVANCES A SIGNIFICANT PUBLIC PURPOSE, AND EXCLUDING UNDERGROUND UTILITY EASEMENTS? 4,873 YES 1,334 NO Question "C": CHARTER SECTION 1.03(b)3 REQUIRES THE SALE, EXCHANGE, CONVEYANCE, OR LEASE OF TEN YEARS OR LONGER OF CITY-OWNED PROPERTY NOT REQUIRING VOTER APPROVAL OR OTHERWISE ADDRESSED IN THE CITY CHARTER TO BE APPROVED BY PLANNING BOARD'S 4/7 VOTE AND CITY COMMISSION'S 517 VOTE-SHALL THIS CHARTER SECTION 1.03(b)3 BE AMENDED TO INCREASE REQUIREMENT OF CITY 4,226 YES 1,847 NO Question "D": APPROVAL FROM 5/7 TO 5/7 COMMISSION VOTE? UPON CONCLUSION OF THE 5 YEAR AGREEMENT BETWEEN THE CITY AND NEW WORLD SYMPHONY ("NWS")AUTHORIZING LIMITED USE OF PUBLIC PARKING SPACES FOR NWS CAMPUS EXPANSION PROJECT IN PROPOSED PUBLICLY-FINANCED PARKING GARAGE BEING CONSTRUCTED ADJACENT TO THE PROJECT, SHOULD ANY WAIVER OF REQUIRED PARKING FOR SAID PROJECT BE REQUIRED TO OBTAIN MAJORITY VOTE OF CITY'S VOTERS AT CITYWIDE ELECTION? 4,343 YES 1,825 NO BE IT FURTHER RESOLVED AND DETERMINED that Question "A" was Approved ,Question "B" was Approved ,Question "C" was Approved ,and Question "D" was _Approved PASSED and ADOPTED this 4th day of November, 2009. ATTEST: /~ ~ ~ ~ CITY CLERK Robert Parcher F:\atto\OLL~ELECTIOMRESOV2ESULT SP ELECT NOV 2009.doc R i er era Bower 3 APP~Z©V~Q A$ T4 KiRAA 8 LANGUAGE 8 FQR EXECUTION ~ MIAMI BEACH OFFICE OF THE CITY ATTORNEY JOSE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM TO: MAYOR MATTI HERRERA BOWER MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE GO LEZ FROM: JOSE SMITH CITY ATTORNEY •. DATE: NOVEMBER 4,2009 SUBJECT: CITY RESOLUTION ACCEPTING RESULTS OF THE NOVEMBER 3, 2009 SPECIAL ELECTION AND DECLARING ELECTION RESULTS Attached hereto is a Resolutions adopting the Certificate of the Results of the November 3, 2009 Special Election for the City of Miami Beach, and declaring [he election results. The passage of this Resolution effectively concludes acceptance of election returns for the City of Miami Beach's November 3, 2009 Special Election. JS/JO/sc F:\atto\OLI7\ELECTIOMRESO\CMEMOUtesults of Special EIecI -Nov 2009.doc I Upon receipt and finalization of the Certification of Election Results, same shall be attached to the Resolution. Agenda Item