2009-27153 ResoRESOLUTION NO. 2009-27153
A RESOLUTION 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 MIAMI
BEACH CITY CHARTER SECTION 1.03{b)3 SHOULD BE AMENDED TO
INCREASE REQUIRED CITY COMMISSION'S VOTE FROM 5!7'S TO 6/7'S
APPROVAL PRIOR TO THE SALE, EXCHANGE, CONVEYANCE, OR
LEASE OF TEN YEARS OR LONGER OFCITY-OWNED PROPERTY NOT
REQUIRING VOTER APPROVAL OR OTHERWISE ADDRESSED IN THE
CITY CHARTER.
NOW, THEREFORE, BE IT DULY RESOLVED BYTHE 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 3, 2009, 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 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 3RD 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:
CITY COMMISSION 617's APPROVAL: LEASEIDISPOSAL OF CITY-OWNED
PROPERTY NOT OTHERWISE ADDRESSED IN CHARTER.
CHARTER SECTION 1.03(b)3 REQUIRES THE SALE, EXCHANGE,
CONVEYANCE, OR LEASE OF TEN YEARS OR LONGER OFCITY-OWNED
PROPERTY NOT REQUIRING VOTER APPROVAL OR OTHERWISE
ADDRESSED IN THE CITY CHARTER TO BE APPROVED BY PLANNING
BOARD'S 417 VOTE AND CITY COMMISSION'S 517 VOTE-SHALL THIS
CHARTER SECTION 1.03(b)3 BE AMENDED TO INCREASE REQUIREMENT
OF CITY COMMISSION'S APPROVAL FROM 517 TO 617 COMMISSION
VOTE?
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"
CITY COMMISSION 6J7's APPROVAL: LEASElDISPOSAL OF CITY-OWNED
PROPERTY NOT OTHERWISE ADDRESSED IN CHARTER.
CHARTER SECTION 1.03(b}3 REQUIRES THE SALE, EXCHANGE,
CONVEYANCE, OR LEASE OF TEN YEARS ORLONGER OFCITY-OWNED
PROPERTY NOT REQUIRING VOTER APPROVAL OR OTHERWISE
ADDRESSED IN THE CITY CHARTER TO BE APPROVED BY PLANNING
BOARD'S 417 VOTE AND CITY COMMISSION'S 517 VOTE-SHALL THIS
CHARTER SECTION 1.03(b)3 BE AMENDED TO INCREASE REQUIREMENT
OF CITY COMMISSION'S APPROVAL FROM 517 TO 617 COMMISSION
VOTE?
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.
R7s - 7/22J09
SECTION 11.
This resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 22nd day of ~"`}' , 2009.
ATTEST: '
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M T ERRERA OW
MAY R
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ROBERT PARCHER
CITY CLERK
(Requested by Commissioner Jonah Wolfson and recommended by Land Use & Development
Committee)
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PROPOSED BALLOT QUESTION AND TEXT-
NOVEMBER 3, 2009 SPECIAL ELECTION
I. PROPOSED BALLOT QUESTION:
CITY COMMISSION 6/7's APPROVAL: LEASEIDISPOSAL OF CITY-OWNED
PROPERTY NOT OTHERWISE ADDRESSED IN CHARTER.
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
COMMISSION'S APPROVAL FROM 517 TO 617 COMMISSION VOTE?
YES
NO
II. PROPOSED CHARTER TEXT:
Sec. 1.03. Powers of city.
(b) Alienability of propeRy.
1. The only limitation concerning alienability of City-owned park, recreation or waterfront
property is the restriction of the sale, exchange, conveyance or lease of ten (10) years or longer
(including option periods) of park, recreation. or waterfront property in the City of Miami Beach,
unless such sale, exchange, conveyance or lease is approved by a majority vote of the voters in
a City-wide referendum. This provision shall be liberally construed in favor of the preservation of
all park. recreation and waterfront lands.
2. The sale, exchange, conveyance or lease of ten years or longer of the following properties
shall also require approval by a majority vote of the voters in a City-wide referendum: (1)Lots
West of the North Shore Open Space Park: All City-owned property bounded by 87th Street on
the North. Collins Avenue on the East, 79th Street on the South, and Collins Court on the West;
(2) Guttural Campus: All City-owned property bounded by 22nd Street on the North, Park
Avenue on the West, 21st Street on the South, and Miami Beach Drive on the East; {3) 72nd
Street Parking Lot: The City-owned surface parking lot bounded by 73 rd Street on the North,
Collins Avenue on the East, 72nd Street on the South, and Harding Avenue on the West; (4)
Convention Center Parking Lots: All City-owned surface parking lots located in the Civic and
Convention Center District, generally bounded by Lincoln Lane on the South, Washington
Avenue on the East, Meridian Avenue on the West and Dade Boulevard on the North: and (5)
Lincoln Road Parking Lots: All City-owned surface parking lots in the vicinity of Lincoln Road
located within the area bounded by 17th Street on the North, Euclid Avenue on the East, 16th
Street on the South, and West Avenue on the West.
3. The sale, exchange, conveyance or lease of ten years or longer of all remaining City-
owned property (other than public beach rights-of-way -- see (d) herein below, and other
than those properties addressed more specifically in this Charter section 1.03) shall, as
provided by Ordinance, require approval by a matorrty (4J7) vote of all members of the
Planning Board and 6!7 vote of the City
Commission.
4. The terms of this Charter section shall not apply to any valid written contractual
commitments or bids or bonded indebtedness, which commitments. bids or indebtedness
existed prior to January 14, 2004; nor shall this Charter section apply to any City property which
is the subject of a settlements of a claim which the City had notice of as of January 14. 2004.
(c) The floor area ratio of any property or street end within the City of Miami Beach 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 [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. The
provision shall not preclude or otherwise affect the division of lots, or the aggregation of
development rights on unified abutting parcels, as may be permitted by ordinance. In addition,
this provision shall not apply to settlements of any claims the City has notice of as of December
10, 2003. 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 of the provisions of this Amendment
under any ordinance or any other action of the Miami Beach City Commission between the time
this measure is approved by the Miami Beach City Commission for placement on a ballot and
the adoption of this Amendment shall be enforced against the City of Miami Beach.
(d) Public Beach Rrghts-of--Way. The sale: exchange, conveyance, lease, or any other transfer
of any City interest in a public beach right-of-way (extending eastward from Collins
Avenue/Ocean Drive to the erosion control line) shall require approval by a majority vote of the
voters in a Citywide referendum, excluding permits of no greater than one year, and excluding
the sale, exchange, conveyance: lease or any other transfer not exceeding 10% in width of such
public beach right-of-way.
F?,atto'•,OLIJ''.ELECTION'•.RES0ICMEMO~,cM 03wo1!sonNovballot-proposadquvsCOnandter- t .doc
OFFICE OF THE CITY ATTORNEY
~osE SMITH, CITY ATTORNEY COMMISSION MEMORANDUM
TO: Mayor Matti Herrera Bower
Members of the City Commission
City Manager Jorge M. G ~7.~lez
FROM: Jose Smith L
City Attorn
DATE: July 22, 2009
SUBJECT: A RESOLUTION CALLING FORA NOVEMBER 3, 2009 SPECIAL
ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE
ELECTORATE OF THE CITY OF MIAMI BEACH A QUESTION ASKING
WHETHER MIAMI BEACH CITY CHARTER SECTION 1.03(b)3 SHOULD
BE AMENDED TO DELETE REQUIREMENT FOR PLANNING BOARD'S
4!7'S VOTE AND TO INCREASE REQUIRED CITY COMMISSION'S
VOTE FROM 517'S TO 6/7'S APPROVAL PRIOR TO 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.
Pursuant to the request of Commissioner Jonah Wolfson, and as recommended by the Land
Use & Development Committee at its July 1, 2009 meeting, the attached Resolution has been drafted
calling for a November 3, 2009 Special Election to consider the following ballot question amending
the Miami Beach City Charter:
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 417 VOTE AND CITY COMMISSION'S 517 VOTE -- SHALL THIS
CHARTER SECTION 1.03(b}3 BE AMENDED TO DELETE REQUIREMENT OF
PLANNING BOARD'S 417 VOTE AND TO SUBSTITUTE THEREFOR
INCREASED REQUIREMENT OF CITY COMMISSION'S APPROVAL FROM
517 TO 617 COMMISSION VOTE?
The attached Resolution is in proper form and is thus ready for the City Commisston~s rewew
Agenda Item ,~7~ p
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