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93-20832 Reso I � I I I RESOLUTION NO. 93-20832 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 2, 1993 FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH AN AMENDMENT TO THE MIAMI BEACH CITY CHARTER DELETING THEREFROM PROVISIONS GOVERNING THE CITY OF MIAMI BEACH HEALTH ADVISORY BOARD AND INCORPORATING SAME INTO THE MIAMI BEACH CITY CODE. BE IT 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 2 , 1993 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. 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 register to vote at the City registration office located in the lobby of City Hall, 1700 Convention Center Drive, Miami Beach, Florida 33139, each and every Wednesday until October 4 , 1993 , between the hours of 9: 00 a.m. and 4 : 30 p.m. , and at such other voter registration centers and during such times as may be provided by the Supervisor of Elections of Dade County. All questions concerning voter registration should be directed to the Dade County Elections Office, 111 Northwest 1st Street, Floor 19, Miami, Florida 33130; Mailing Address: P.O. Box 012241, Miami, Florida 33101; Telephone: (305) 375-5553 . SECTION S. Copies of the proposed amendment shall be made available to the electors at the office of the City Clerk from 9: 00 a.m. to 5: 00 p.m. each day, Saturdays, Sundays, and holidays excepted, not later than thirty days prior to the date of said 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 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 2ND DAY OF NOVEMBER, 1993 , AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: 2 REMOVAL OF HEALTH ADVISORY BOARD FROM CHARTER INTO CITY CODE. Shall provisions governing the City of Miami Beach Health Advisory Board be deleted from the Miami Beach City Charter and incorporated into the Miami Beach City Code? YES NO SECTION S. The official ballot to be used in the Special Election to be held on November 2 , 1993 , hereby called, shall be in substantially the following form, to-wit: OFFICIAL BALLOT THE CITY OF MIAMI BEACH, FLORIDA NOTICE OF SPECIAL ELECTION, NOVEMBER 2 , 1993 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 2ND DAY OF NOVEMBER, 1993 , AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: REMOVAL OF HEALTH ADVISORY BOARD FROM CHARTER INTO CITY CODE. Shall provisions governing the City of Miami Beach Health Advisory Board be deleted from the Miami Beach City Charter and incorporated into the Miami Beach City Code? 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, 3 Florida. SECTION 11. This resolution shall be effective immediately upon its passage. PASSED and ADOPTED this 14th day of July , 1993 . x,�) &/4. MAYOR ATTEST: FORM APPROVED CITY CLERK LEGA T. JO/ks 13Y Date �°- (a:resord\3chart.res) 4 08/22/193 11:09 22305 375 1036 M-D EL.EC'11UNS 2 P LIST OF POLLING PLACES -rTTY Olt 'K3:AK1 BEACH- Pcr. VOCATION ADDRESS 011 BISCAYNE ELEMENTARY 800 - 77 ST .. s. 013 NORTH SHORE RECREATION CENTER 501 - 72 ST 014 NORTH SHORE RECRRA.VION CENTER 561 - 72 ST 015 FAIRWAY PARK 200 FAIRWAY DR 018 NORMANDY SHORES GOLF COURSE 2401 BIARRITZ DR 019 NORMANDY ISLE MUNICIPAL POOL 1765 - 71 ST 021 NORTH SHORE RECREATION CENTER 501 - 72 ST 022 CASABLANCA HOTEL 6345 COLLINS AVE 023 MIAMI BEACH FIRE STATION 43 5303 COLLINS AVE 024 NAUTILUS MIDDLE SCHOOL 4301 NORTH MICHIGAN AVE :025 MIAMI BEACH FIRE STATION #3 5303 COLLINS AVE 027 OCEAN GRANDE MOTEL 3651 COLLINS AVE 028 NORTH BEACH ELEMENTARY SCHOOL 4100 PRAIRIE AVE 029 TEMPLE BETH SHOLOM 4144 CHASE AVE 030 BAYSHORE GOLF COtMSE 2301 ALTON RD 031 DADE BOULEVARD FIRE STATION #2 2300 PINETREE DR 032 M1AM1 SBACH PUBLIC LIBRARY - AUDIT 2100 COLLINS AVE 033 BARCLAY PLAZA HOTEL & APARTMENT 1940 PARK AVE 034 DADE BOULEVARD FIRE STATION 42 2300 PINETREE DRIVE 035 21®t STREET COMITY CENTER 2100 WASHINGTON AVE 036 MIAMI BEACH POLICE ATHLETIC LEAGUE 999 - 11 ST 037 MORTON TOWERS APARTMENTS 1500 BAY RD 038 MIAMI BEACH ROD & REEL CLUB 208 SOUTH HIBISCUS DR 039 FLAMINGO PARK TEEN CENTER 1000 - 12 ST 040 ST FRANCIS DE SALES CHURCH 621 ALTON RD 041 MIAMI BEACH FIRE STATION ##1 1051 JEFFERSON AVE 042 MIAMI BEACH SENIOR CENTER 610 ESPANOLA WAY 0+43 LA FLORA HOTEL 1238 COLLINS AVE 044 OCEAN FRONT AUDITORIUM 1001 OCEAN DR 045 SOUTH SHORE COMMUNITY CTR 833 - 6 ST 046 SOUTH SHORE COMMUNITY CTR 833 - 6 ST 048 . SOUTH POINTE PARK 1 WASHINGTON AVE EXHIBIT "A" 06/22/93 CJ OFFICE OF THE CITY ATTORNEY 64 0/�007"� F L O R I D A C LAURENCE FEINGOLD �o.� �y P.O.BOX O CITY ATTORNEY MIAMI BEACH.FLORIDA 33119-2032 h26 TELEPHONE(305)673-7470 COMMIBSION MEMORANDUM NO: TELECOPY (305)673-7002 TO: MAYOR SEYMOUR GELBER DATE: JULY 14, 1993 MEMBERS OF THE CITY COMMISSION CITY MANAGER ROGER M. CARLTON •. FROM: LAURENCE FEINGOLD CITY ATTORNEY SUBJECT: NEW PROPOSED CITY OF MIAMI BEACH CHARTER - PUBLIC HEARING Pursuant to the City Commission's directive of June 30, 1993, a Public Hearing before the Miami Beach City Commission has been scheduled for July 14, 1993 concerning the new proposed City of Miami Beach Charter. (A copy of the Charter is attached hereto) . Once the public hearing is closed, the City Commission must then vote on whether to present the issue of a new proposed City Charter to the voters. Accordingly, resolutions calling for a November 2, 1993 Special Election are also attached hereto concerning the following ballot questions: Shall the existing Miami Beach City Charter be repealed and replaced by a new revised Charter incorporating a Citizens' Bill of Rights and reflecting the grant of municipal powers established in Florida's 1968 Constitution as amended and the 1973 Municipal Home Rule Powers Act (Chapter 166, Florida Statutes) , while retaining provisions governing "Corporate Existence, Form of Government, Boundary and Power", "City Commission", "City Attorney", "City Manager and Administrative Organization", "Budget/Finance", "Elections", and "Initiative/Referendum"? Shall the Miami Beach City Charter be amended to grant the City Commission power, upon a 5/7ths vote of said Commission, to issue subpoenas for the purpose of conducting internal City investigations? S-hall provisions governing the City of Miami Beach Health Advisory Board be deleted from the Miami Beach City Charter and incorporated into the Miami Beach City Code? Shall the Miami Beach City Charter be amended to provide that vacancies in the City Commission be filled by Commission vote with appointee serving remainder of unexpired term until next general City election, at which time any further remainder of unexpired term AGENDA _ �9 ITEM 1 700 CONVENTION CENTER DRIVE — FOURTH FLOOR — MIAMI BI I _ 3 SATE MAYOR SEYMOUR GELBER MEMBERS OF THE CITY COMMISSION JULY 14, 1993 PAGE 2 shall be filled by a Commissioner elected at said general election retaining provision calling for special election to fill vacancy in the event said vacancy is not filled by the City Commission? If a majority of the electors voting at the November 2, 1993 referendum vote in favor of the new proposed Charter, the City Commission shall file the new Charter with the Department of State and the Charter shall become effective as provided therein or by law. Conversely, in the event that the City's electorate fails to approve by majority vote the new proposed Charter, the existing Charter provisions shall remain as its provisions existed prior to the November 2, 1993 election date -- electorate disapproval of the new proposed Charter shall not constitute a ratification or readoption of existing Charter provisions. Additional language to the new proposed Charter has been suggested by a member of the City Commission, concerning the following: An independent City Auditor may be appointed as deemed necessary by the City Commission; both appointment and removal of the independent City Auditor shall be made by the City Commission. Duties of the independent City Auditor shall be established by ordinance. (amendment to Article V "Budget and Finance" of new proposed City Charter, proposed by Commissioner Neisen Kasdin) JO/ks (a:\j0mi8c\chart714.cm) 50