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2001-24539 RESO RESOLUTION NO. 2001-24539 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A SPECIAL ELECTION TO BE HELD ON TUESDAY, NOVEMBER 6, 2001, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING WHETHER CITY CHARTER SECTION 1.03(c) SHOULD BE CLARIFIED BY DELETING THE WORD "PLATTED," TO CONFIRM THAT THE ZONED FLOOR AREA RATIO OF ALL SPECIFIED WATERFRONT PROPERTY, EVEN IF UNPLATTED, MAY NOT BE INCREASED WITHOUT VOTER APPROV ALj AND AMENDED TO STATE THAT COMMENCING JULY 18, 2001, THE APPLICABLE ZONED FLOOR AREA RATIO WHICH MAY NOT BE INCREASED WITHOUT VOTER APPROVAL IS CHANGED FROM FLOOR AREA RATIO EXISTING ON JUNE 4,1997 TO FLOOR AREA RATIO EXISTING ON NOVEMBER 7, 2001. WHEREAS, on June 3,1997, a majority of the City's electorate approved an amendment to the Charter of the City of Miami Beach, which amendment required (in relevant part) public approval prior to any increase in the Floor Area Ratio of any waterfront "platted" property -- this provision has since been codified as City Charter Section I.03( c); and WHEREAS, the Miami Beach City Commission placed this Charter amendment on the June 3,1997, Special Election ballot as a result of citizen's initiative on this matter; and WHEREAS, in presenting this issue to its voters in June 1997, the Miami Beach City Commission presented initiative language which was intended to and did require voter approval prior to any increase in Floor Area Ratio of any waterfront property in the City (whether "platted" or not); and WHEREAS, the Charter Section's language referring to "platted" waterfront property was not intended to and did not except non-platted property from the Charter's mandate; and WHEREAS, at the time of the June 3, 1997 Election, the City Commission was unaware that there was unplatted waterfront property in the City of Miami Beach and believed that the Floor Area Ratio of property could not be increased without platting; and WHEREAS, certain owners of unplatted waterfront property have incorrectly concluded that their property is excepted from the uniform referendum requirement of the City Charter; and WHEREAS, the following Resolution calling for a Special Election is thus necessary to clarify the intent of the original Charter amendment, by deleting its reference to "platted" property, effectively clarifying the Charter section's applicability to all waterfront property, without exception; and WHEREAS, remaining proposed amendments to Charter Section 1.03(c) contained within the ballot question are set forth specifically hereinbelow; and WHEREAS, it is the intention of the Miami Beach City Commission that if any portion of this ballot measure is held unconstitutional or otherwise invalid, then said holding shall in no way affect the validity of the remaining portions of this ballot measure. 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, November 6, 2001, for the purpose of submitting to the electorate the question as set forth hereinafter. SECTION 2. That the appropriate and proper Dade County election officials shall conduct the said Special Election hereby called, with Dade County's certification of the results of said Special Election being accepted 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 and results duly accepted by said appropriate Dade County Officials. SECTION 3. Said voting precincts in the City of said Special Election shall be as established by the proper and appropriate Dade County Election Officials. All electors shall vote at the polling places and the voting precincts in which the official registration books show that the said electors reside, A list of the voting precincts and the polling places therein (subject to change by the Supervisor of Elections of Dade County, in accordance with the laws of Florida) is attached hereto as Exhibit A. 2 SECTION 4. 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, each and every day until October 9, 2001 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. 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 registration forms must be received by the Miami-Dade County Elections Office and clocked in no later than October 9, 2001, at 5:00 p.m. in order for a person to vote in this Special Election. All questions concerning voter registration should be directed to the Dade County Elections Office, III Northwest 1st Street, Floor 19, Miami, Florida 33130; Mailing Address: P.O. Box 012241, Miami, Florida 33101; Telephone: (305) 375-5553. SECTION 5. Copies of the ballot question and proposed Charter text shall be made available to the electors at the office of the City Clerk from 8:30 a.m. to 5:00 p.m. each day, Saturdays, Sundays, and holidays excepted, not later than thirty days prior to the November 6, 2001 special election. SECTION 6. Not less than thirty days' notice of said Special Election shall be given by publication in a newspaper of general circulation in Miami Beach, Dade County, Florida. Such publication shall be made at least once each week for four consecutive weeks next preceding said Special Election. SECTION 7. The notice of election shall be substantially in the following form: THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION 3 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 6TH DAY OF NOVEMBER, 2001, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CLARIFYING/AMENDING CHARTER SECTION 1.03(c) REGARDING VOTER APPROVAL BEFORE INCREASING WATERFRONT PROPERTY'S FLOOR AREA RATIO SHALL CHARTER SECTION 1.03(c) BE: --CLARIFIED BY DELETING THE WORD "PLATTED", TO CONFIRM ZONED FLOOR AREA RATIO OF ALL SPECIFIED WATERFRONT PROPERTY, EVEN IF UNPLATTED, MAY NOT BE INCREASED WITHOUT VOTER APPROVAL; AND --AMENDED TO STATE THAT COMMENCING JULY 18, 2001, THE APPLICABLE ZONED FLOOR AREA RATIO WHICH MAY NOT BE INCREASED WITHOUT VOTER APPROVAL IS CHANGED FROM FLOOR AREA RATIO EXISTING ON JUNE 4, 1997 TO FLOOR AREA RATIO EXISTING ON NOVEMBER 7, 200I? YES NO SECTION 8. The official ballot to be used in the Special Election to be held on November 6, 200 I, hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION, NOVEMBER 6, 200 I. 4 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 6TH DAY OF NOVEMBER, 2001, AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: CLARIFYING/AMENDING CHARTER SECTION 1.03(c) REGARDING VOTER APPROVAL BEFORE INCREASING WATERFRONT PROPERTY'S FLOOR AREA RATIO SHALL CHARTER SECTION 1.03(c) BE: --CLARIFIED BY DELETING THE WORD "PLATTED", TO CONFIRM ZONED FLOOR AREA RATIO OF ALL SPECIFIED WATERFRONT PROPERTY, EVEN IF UNPLATTED, MAY NOT BE INCREASED WITHOUT VOTER APPROVAL; AND --AMENDED TO STATE THAT COMMENCING JULY 18,2001, THE APPLICABLE ZONED FLOOR AREA RATIO WHICH MAY NOT BE INCREASED WITHOUT VOTER APPROVAL IS CHANGED FROM FLOOR AREA RATIO EXISTING ON JUNE 4, 1997 TO FLOOR AREA RATIO EXISTING ON NOVEMBER 7, 200I? YES NO SECTION 9. 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 Dade County or directly to all persons or firms, upon receipt of invoice or statement approved by the Supervisor of Elections of Dade County, Florida. 5 SECTION 11. If any section, sentence, clause or phrase of the proposed ballot measure 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. SECTION 12. This resolution shall be effective immediately upon its passage. PASSED and ADOPTED this L8th day of July , 2001. !/JR ATTEST: l11MA6 r~ CITY CLERK Requested by Commissioner David Dermer APPROVED AS TO FORM & LANGUAGE 8. FOR EXECUTION JKO\kw P:\A TTO\OLIJ\ELECTION\RESO\SEC I 03C,NOI (-(s~ 0 l Date 6 Proposed Amendment to City Charter Section 1.03( c) for November 6, 200] Special Election: A. Proposed Ballot Question CLARIFYING/AMENDING CHARTER SECTION 1.03(c) REGARDING VOTER APPROVAL BEFORE INCREASING W A lERFRONT PROPERTY'S FLOOR AREA RATIO SHALL CHARTER SECTION 1.03(c) BE: --CLARIFIED BY DELETING THE WORD "PLATTED", TO CONFIRM ZONED FLOOR AREA RATIO OF ALL SPECIFIED WATERFRONT PROPERTY, EVEN IF UNPLATTED, MAY NOT BE INCREASED WITHOUT VOTER APPROVAL; AND --AMENDED TO STATE THAT COMMENCING JULY 18, 2001, THE APPLICABLE ZONED FLOOR AREA RATIO WInCH MAY NOT BE INCREASED WITHOUT VOTER APPROVAL IS CHANGED FROM FLOOR AREA RATIO EXISTING ON JUNE 4, 1997 TO FLOOR AREA RATIO EXISTING ON NOVEMBER 7,2001? YES NO B. Proposed Text Section 1.03 Powers of City * * * (c) The floor area ratio of any platted property or street end within the City of Miami Beach adjacent to the Atlantic Ocean, Government Cut, Indian Creek or Biscayne Bay shall not be increased by zoning, transfer, or any other means from its current zoned floor area ratio as it exists on the date of adoption of this Charter Amendment [Jtlfl.e 4, 1997] [November 7, 2001], including any limitations on floor area ratios which are in effect by virtue of development agreements through the full term of such agreements, unless any such increase in zoned floor area ratio for any such property shall first be approved by a vote of the electors of the City of Miami Beach. This Charter Amendment shall become effective on the day after its approval by the voters of the City of Miami Beach. No rights in derogation ofthe provisions of this Amendment under any ordinance 6f ill any other action of the Miami Beach City Commission between the time this petiti6f1 i3 wiified b) the Mitl.l11i Dacle C6l!1rt) Stlfle!. bell 6f Eleeti6f13 this measure is approved by the Miami Beach City Commission for placement on the November 6, 200] ballot and the adoption of this Amendment shall be enforced against the City of Miami Beach. F:\A TIO\OLIJ\ELECTION\RESO\SECI03C.NOl\ 7 OFFICE OF THE CITY ATTORNEY <6'~ tf~l1- F LOA 0 A Telephone: Telecopy: (305) 673-7470 (305) 673-7002 DATE: JULY 18,2001 TO: MAYOR NEISEN KASDIN MEMBERS OF THE CITY COMMISSION CITY MANAGER JORGE M. GONZALEZ MURRAY DUBBIN r-1.)/~ CITY ATTORNEY FROM: SUBJECT: PROPOSED AMENDMENT TO CITY CHARTER ~1.03(c) Pursuant to the request of Commissioner David Dermer, the attached resolution has been drafted for the purposes of presenting the following ballot question to the City's voters on the November 6, 2001 ballot: CI,ARIFYING/AMENDING CHARTER SECTION 1.03(c) REGARDING VOTER APPROVAL BEFORE INCREASING WATERFRONT PROPERTY'S FLOOR AREA RATIO SHALL CHARTER SECTION 1.03(c) BE: --CLARIFIED BY DELETING THE WORD "PLATTED", TO CONFIRM ZONED FLOOR AREA RATIO OF ALL SPECIFIED WATERFRONT PROPERTY, EVEN IF UNPLATTED, MAY NOT BE INCREASED WITHOUT VOTER APPROVAL; AND --AMENDED TO STATE THAT COMMENCING JULY 18, 2001, THE APPLICABLE ZONED FLOOR AREA RATIO WHICH MAY NOT BE INCREASED WITHOUT VOTER APPROVAL IS CHANGED FROM FLOOR AREA RATIO EXISTING ON JUNE 4,1997 TO FLOOR AREA RATIO EXISTING ON NOVEMBER 7, 2001? lKOIkw F:\ATTO\OLU\ELECTION\RESO\CMEMO\SECI03C_NOI Attachment Agenda Item R7Q . Fl M" B Date 7-N. ..() I 1700 Convention Center DrIve -- Fourth oor -- laml ea