2009-27154 ResoRESOLUTION NO. 1009-27154
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A
NOVEMBER 3, 2009 SPECIAL ELECTION FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION ASKING WHETHER 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?
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH THAT:
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 3. 2009,
for the purpose of submitting to the electorate the question as set forth herein below.
SECTION 2.
That the appropriate and proper Miami-Dade County election officials shall conduct the
said Special Election hereby called, with acceptance of the certrfication 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 in which the official registration books show that the
said electors reside.
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. 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 questions concerning voter registration should be
directed to the Miami-Dade County Elections Office, 111 Northwest 1st Street: Suite 112, Miami,
Florida 33130: Mailing Address: P.O. Box 521550, Doral, Florida 33152-1550: Telephone:
(305)375-5553.
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such
publication shall be made in accordance with the provisions of §100.342. Florida Statutes, and
Section 38-3 of the Code of the City of Miami Beach.
SECTION 6.
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 3`20
DAY OF NOVEMBER. 2009. AT WHICH TIME THERE SHALL BE SUBMITTED TO
THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH
THE FOLLOWING QUESTION:
NEW WORLD SYMPHONY CAMPUS EXPANSION PROJECT:
VOTER APPROVAL FOR ANY FUTURE WAIVER OF PARKING
REQUIREMENTS
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?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to be held on November 3, 2009,
hereby called. shall be in substantially the following form, to-wit:
"OFFICIAL BALLOT"
NEW WORLD SYMPHONY CAMPUS EXPANSION PROJECT:
VOTER APPROVAL FOR ANY FUTURE WAIVER OF PARKING
REQUIREMENTS
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?
YES
NO
SECTION 8.
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 9.
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 10.
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 11.
This resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 22nd day of -Tai ~~ , 2009.
ATTEST:
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MATT-FI HERRE BOWER
~ MAYOR
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ROBERT PARCHER ~1i~'~~'JVi:D ~ ~~
CITY CLERK Fl'1R~i ~ It1N'd'.1r0.G~
&' FQit ~C11TlO~!
(Requested by Vice-Mayor Victor M. Diaz)
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OFFICE OF rHE CITY ATTORNEY
IosE snurH, aTY ATroRNEY COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
City Manager Jorge Gonzalez
FROM: Jose Smith
City Attorn y
DATE: July 22, 200
SUBJECT: A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A
NOVEMBER 3, 2009 SPECIAL ELECTION FOR THE
PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE
CITY OF MIAMI BEACH A QUESTION ASKING WHETHER
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
("GARAGE") BEING CONSTRUCTED ADJACENT TO THE
PROJECT, ALL UNENCUMBERED PUBLIC PARKING
SPACES IN THE 17T" STREET SURFACE LEVEL PARKING
LOT SITE THAT WERE LOST DUE TO SAID PROJECT
SHOULD BE REPLACED BY EQUAL NUMBER OF
UNENCUMBERED PUBLIC PARKING SPACES IN THE
GARAGE.
Pursuant to the request of Vice-Mayor Victor M. Diaz, the attached Resolution has been drafted
calling for a November 3, 2009 Special Election to consider the following question:
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 ("GARAGE") BEING CONSTRUCTED ADJACENT
TO THE PROJECT, SHOULD ALL UNENCUMBERED PUBLIC
PARKING SPACES IN THE 17T" STREET SURFACE LEVEL PARKING
LOT SITE THAT WERE LOST DUE TO SAID PROJECT BE
REPLACED BY EQUAL NUMBER OF UNENCUMBERED PUBLIC
PARKING SPACES IN THE GARAGE?
FlattoiOLIJ',CMEMO'Straw-nwsDiaz. doc
Agenda Item ~-~
Date x7-22-0
RESOLUTION NO.
A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA, CALLING FOR A
NOVEMBER 3, 2009 SPECIAL ELECTION FOR THE PURPOSE
OF SUBMITTING TO THE ELECTORATE OF THE CITY OF
MIAMI BEACH A QUESTION ASKING WHETHER 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 ("GARAGE") BEING
CONSTRUCTED ADJACENT TO THE PROJECT, ALL
UNENCUMBERED PUBLIC PARKING SPACES IN THE 17T"
STREET SURFACE LEVEL PARKING LOT SITE THAT WERE
LOST DUE TO SAID PROJECT SHOULD BE REPLACED BY
EQUAL NUMBER OF UNENCUMBERED PUBLIC PARKING
SPACES IN THE GARAGE.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND CITY
COMMISSION OF THE CITY OF MIAMI BEACH THAT:
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 3, 2009,
for the purpose of submitting to the electorate the question as set forth herein below.
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 in which the official registration books show that the
said electors reside.
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, 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 questions concerning voter registration should be
directed to the Miami-Dade County Elections Office, 111 Northwest 1st Street, Suite 112. Miami,
Florida 33130; Mailing Address: P.O. Box 521550, Doral, Florida 33152-1550; Telephone:
(305)375-5553.
SECTION 5.
Not less than thirty days' notice of said Special Election shall be given by publication in a
newspaper of general circulation in Miami Beach, Miami-Dade County. Florida. Such
publication shall be made in accordance with the provisions of §100.342, Florida Statutes, and
Section 38-3 of the Code of the City of Miami Beach.
SECTION 6.
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 3Ro
DAY OF NOVEMBER, 2009, AT WHICH TIME THERE SHALL BE SUBMITTED TO
THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH
THE FOLLOWING QUESTION:
NEW WORLD SYMPHONY: OBLIGATION TO REPLACE ALL
UNENCUMBERED PUBLIC PARKING SPACES
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 ("GARAGE")
BEING CONSTRUCTED ADJACENT TO THE PROJECT,
SHOULD ALL UNENCUMBERED PUBLIC PARKING SPACES
IN THE 17T" STREET SURFACE LEVEL PARKING LOT SITE
THAT WERE LOST DUE TO SAID PROJECT BE REPLACED
BY EQUAL NUMBER OF UNENCUMBERED PUBLIC PARKING
SPACES IN THE GARAGE?
YES
NO
SECTION 7.
That the official ballot to be used in the Special Election to be held on November 3, 2009.
hereby called. shall be in substantially the following form: to-wit:
"OFFICIAL BALLOT"
NEW WORLD SYMPHONY: OBLIGATION TO REPLACE ALL
UNENCUMBERED PUBLIC PARKING SPACES
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 ("GARAGE")
BEING CONSTRUCTED ADJACENT TO THE PROJECT,
SHOULD ALL UNENCUMBERED PUBLIC PARKING SPACES
IN THE 17T" STREET SURFACE LEVEL PARKING LOT SITE
THAT WERE LOST DUE TO SAID PROJECT BE REPLACED
BY EQUAL NUMBER OF UNENCUMBERED PUBLIC PARKING
SPACES IN THE GARAGE?
YES
NO
SECTION 8.
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 9.
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 10.
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 11.
This resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this day of , 2009.
ATTEST:
MATTI HERRERA BOWER
MAYOR
ROBERT PARCHER
CITY CLERK
(Requested by Vice-Mayor Victor M. Diaz)
F'latlo10L18,ELECTION'~.RESO'~.mar Diaz.doc