13014 RESOLUTION NO. 13 014
i WHEREAS, at a special meeting of the City Council
df the City of Miami Beach, Florida, duly called and held
oil April 27, 1970, the City Clerk-Finance Director filed
with the City Council the certificates of the Clerks and
Inspectors of the results of the Special Elections held
in the City of Miami Beach on April 23, 1970, and
WHEREAS, the City Clerk-FinanceLjDirector advised
the City Council that the certificates of the results of
the elections in precincts 82, 112 and 113 appeared to
reflect an error in reading off the number of votes totaled
on the voting machines on questions numbered 1 and 4, and
that such error in reading off the totals of votes cast on
said questions may have been carried across other questions
voted upon in said elections, and
WHEREAS, there was then appointed by the Mayor,
with the concurrence of the City Council, a Canvassing
Committee composed of Vice Mayor Leonard Weinstein,
Councilman D. Lee Powell and the said City Clerk-Finance
Director, charged with the duty of canvassing, not only the
certificates of the results of the elections hereinabove
referred to, but also the duty and responsibility of examining
the counters on the voting machines in said precincts 82, 112
and 113 to determine the correct total number of votes shown
by the counters on said voting machines in said ,precincts, and
WHEREAS, said Canvassing Committee having performed
its duties as aforesaid, and having filed its canvass of the
certificates of the results of said elections, together with
its report of the result of its examination of the counters
on said voting machines in said precincts, said canvass and
said report being attached hereto and made a part hereof by
reference, and
WHEREAS, the City Council of the City of Miami Beach
has duly examined and considered said canvass and report and
has duly found and determined the same to be true and correct;
NOW, THEREFORE, BE IT DULY RESOLVED BY THE CITY
COUNCIL OF THE CITY OF MIAMI BEACH, FLORIDA, that the said
canvass of the election returns by the said Canvassing
Committee be and the same is hereby accepted as the true and
correct result of said Special Elections held on April 23,
1970, and that this Resolution be spread upon the minutes of
the City Council of the City of Miami Beach as the official
record of the results of said Special Elections.
PASSED and ADOPTED this 29th day of April, 1970.
Mayor
Attest:
Aftz
City Clerk-Finance Director
OFFICE OF CITY ATTORNEY-1130 WASHINGTON AVENUE-MIAMI BEACH, FLORIDA 33139
4
CANVASS AND REPORT
OF
CANVASSING COMMITTEE
We, the undersigned two members of the City
Council, and the City Clerk-Finance Director of the City
of Miami Beach, Florida, as the duly appointed and
constituted Canvassing Committee of the City Council of
the City of Miami Beach, do hereby certify that said
Committee has made a canvass of the returns of the
Certificates of the Clerks and Inspectors who held and
conducted special elections in Miami Beach, Florida on
April 23, 1970. On the direction of the City Council the
Committee has also examined the counters on the voting
machines in Precincts 82, 112 and 113, and has found the
machine count as shown on the certificates submitted by
the Clerks and Inspectors in these three precincts to be in
error.
The Canvassing Committee has prepared a return sheet
for each of these precincts showing the correct machine
count for the twenty-two (22) questions on which all registered
voters were permitted to cast their ballots, which is attached
hereto and made a part hereof. The Clerks ' and Inspectors '
certificate showing the absentee ballots and the votes cast
by the freeholders on the bond questions have been examined
and are found to be true and correct.
Said Committee does hereby certify that as a result
of said canvass it has found and does hereby declare the
results of said elections as set forth in the Report attached
hereto and made a part hereof.
R E P O R T
STATE OF FLORIDA
COUNTY OF DADE
We, the undersigned members of the City Council of the City of Miami Beach,
Florida, and the City Clerk-Finance Director thereof, as the Canvassing
Committee of the City Council of the City of Miami Beach, do hereby certify
and report that said Committee has made a canvass of the returns of the
certificates of the Clerks and Inspectors who held and conducted said
Special Elections in the City of Miami Beach, Florida on April 23, 1970, and
that such canvass having been made solely, exclusively and entirely from
said returns, as modified by the examination of the counters of the voting
machines in Precincts 82, 112 and 113, the Committee does hereby certify
that as a result of said canvass, it has found and does hereby declare the
result of said elections to be as follows:
That there was a total of 19,325 votes cast.
That upon the Questions:
1 . Shall the City Council be authorized to convey
to the Miami Beach Housing Authority, the
following parcel of land:
Lots 15 through 20, Block 1 1 1 ,
OCEAN BEACH ADDITION NO. 3,
Plat Book 2, page 81 , of the
Public Records of Dade County,
Florida;
for use as Low Rent Housing for the Elderly,
under Turnkey contractual procedures authorized
by the United States Housing Act of 1937, as
amended, either at a nominal consideration,
or in no event at more than the value of said
land as approved by the Department of Housing
and Urban Development and payable upon such
terms as may be prescribed by the City Council?
9,982 votes were cast For the Amendment, and
5,990 votes were cast Against the Amendment.
2. Shall the zoning enabling provisions of the
City Charter be amended so as to abolish the
existing five member Board of Adjustment and
to create a new seven member Board of Adjust-
ment having the qualifications, powers and
jurisdiction as set forth in said proposed
amendment on file in the office of the City
Clerk, and to provide that all decisions of
said new Board of Adjustment shall be final
and subject to review only by petition for
wri t of certiorari to a court of competent
jurisdiction?
10,001 votes were cast For the Amendment, and
42206 votes were cast Against the Amendment.
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3. Shall the City Charter be amended so as to
provide that the candidates for the Office of
Councilman and Mayor shall file with the City
Clerk within thirty days after each primary
and general election in which he is a candidate
a sworn statement setting forth the names of
all contributors to his campaign; the amount
of each money contribution; and a description
of all goods and services contributed, together
with the reasonable value thereof; and the ex-
penditures made by him in each primary and
general campaign; and directing the City Council
to prescribe by ordinance, appropriate penalties
including fine, imprisonment and forfeiture of
office for violation of said provisions of
said amendment?
11 ,682 votes were cast For the Amendment, and
2,958 votes were cast Against the Amendment.
4. Shall the City Charter be amended so as to
provide that the City Council shall be
authorized to adopt ordinances requiring
owners or persons in possession of property
to comply with the requirements of a Minimum
Housing Standards Ordinance, and in default
thereof, empowering the City to bring such
property into compliance and to impose a lien
thereon for the reasonable cost of the labor
and materials required therefor?
10,767 votes were cast For the Amendment, and
3,722 votes were cast Against the Amendment.
5. Shall the City Charter be amended so as to
empower the City Council , by ordinance, to
provide that notices of violation of the City's
Minimum Standards Housing Ordinance shall be
recordable in the Public Records of Dade
County?
10,956 votes were cast For the Amendment, and
3,453 votes were cast Against the Amendment.
6. Shall the City Charter be amended so as to
provide that no person or corporation shall
engage in the business of selling or offering
for sale Kosher Food, Beverages or other
commodities unless he shall have procured
from the City, in addition to an Occupational
License, a special license designating his or
its place of business as a kosher establish-
ment and providing for the imposition of a fee
for such license representing a reasonable
cost of the supervision or regulation of such
establishment?
9,709 votes were cast For the Amendment, and
4,513 votes were cast Against the Amendment.
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7. S ha 1 1 the C i ty Cha rte r be amended so as to
provide that the Kosher Food Inspector or any
duly authorized deputy shall have the power
to seize, condemn or destroy any food, beverage
or other commodity offered for sale to the
public in violation of the Kosher Food Ordi -
nances of the City?
81929 votes were cast For the Amendment, and
5,479 votes were cast Against the Amendment.
8. Shall the City Charter be amended so as to
provide that the Kosher Food Inspector, or
any duly authorized deputy, shall have the
power of arrest, with or without warrant, for
a violation of the Kosher Food Ordinances
of the City?
8,349 votes were cast For the Amendment, and
5,897 votes were cast Against the Amendment.
9. Shall the City Charter be amended so as to
provide tha t the Municipal Judges of the City
of Miami Beach shall have the right, in
addition to any fine or jail sentence, to
suspend the Special License of a Kosher
Establishment for a period within his dis-
cretion of from one month to six months in
the event a defendant is found guilty of
violating the Kosher Food Ordinances of the
City of Miami Beach as a first offender, and
to increase the periods of suspension for
repeated offenders?
9,699 votes were cast For the Amendment, and
4,511 votes were cast Against the Amendment.
10. Shall the City Charter be amended so as to
provide that any elected officer of the City
who qualifies as a candidate for any elective
County, State or Federal Office shall be
deemed to have resigned his City Office forth-
with, and the resultant vacancy in office
shall be filled by the City Council as provided
in Section 28 (K) of the Charter?
10,388 votes were cast For the Amendment, and
3,554 votes were cast Against the Amendment.
11 . Shall Chapter 18691 , Laws of Florida, Acts of
1937, being a part of the Charter of the City
of Miami Beach, Florida, be amended so as to
provide a service retirement allowance equal
to 2-3/4% of the average monthly earnings mul -
tiplied by the number of years of creditable
service not exceeding 25, plus 2% of such
final average monthly earnings multiplied by
the number of years of creditable service in
excess of 25, provided that the retirement
allowance shall not ex-:eed 80% of the final
average monthly earnings?
10,548 votes were cast For the Amendment, and
4,066 votes were cast Against the Amendment.
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12. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$900,000.00 with interest at a rate to be
hereafter determined and not exceeding 8% per
annum for the purpose of completing the
acquisition and construction of a public park
on the ocean front extending from Collins
Avenue to the Atlantic Ocean and located be-
tween 81st and 87th Streets?
8,591 votes were cast For the Bonds, and
5,370 votes were cast Against the Bonds.
13. Shall the City of Miami Beach, Florida issue
negotiable coupon bonds in the amount of
$100,000.00 with interest at a rate to be
hereafter determined, not exceeding 8% per
annum for the purpose of improving, extending
and enlarging the North Shore Community Center?
7,613 votes were cast For the Bonds, and
61203 votes were cast Against the Bonds.
14. Shall the City of Miami Beach, Florida issue
negotiable coupon bonds in the amount of
$4,000,000.00 with interest at a rate to be
hereafter determined, not exceeding 8% per
annum, for the purpose of acquiring rights of
way to widen that portion of Collins Avenue
lying generally between 63rd and 67th Streets,
all as shown by maps on file in the Public
Works Department of the City?
7,699 votes were cast For the Bonds, and
5,995 votes were cast Against the Bonds.
15. Shall the City of Miami Beach, Florida issue
negotiable coupon bonds in the amount of
$1 ,500,000-00 with interest at a rate to be
hereafter determined, not exceeding 8% per
annum, for the purpose of constructing a
public park on Biscayne Bay, extending
generally south of 4th Street on the west side
of Alton Road and consisting of Lots 32
through 41 , inclusive, Block 111 , OCEAN BEACH
ADDITION NO. 3, Plat Book 2, page 81 , Public
Records of Dade County, Florida?
7,870 votes were cast For the Bonds, and
5,964 votes were cast Against the Bonds.
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16. Shall the City of Miami Beach, Florida, issue
negotiable bonds in the amount of $5,500,000.00
with interest at a rate to be hereafter deter-
mined,
eter-
mined, not exceeding 8% per annum, for the
purpose of constructing a municipal admini -
strative and police court building in the
Civic Center area, which is bounded generally
by 17th Street on the south, Washington
Avenue on the east, Dade Boulevard on the
north and Meridian Avenue on the west?
7,597 votes were cast For the Bonds, and
62087 votes were cast Against the Bonds.
17. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$2,500,000.00 with interest at a rate to be
hereafter determined, not to exceed 8% per
annum, for the purpose of participating with
the Federal Government on a 2/3 Federal and a
1/3 City cost participation program involving
the planning, site, acquisition and construction
of facilities for the disposal of garbage,
rubbish and similar solid wastes?
9,081 votes were cast For the Bonds, and
4,739 votes were cast Against the Bonds.
18. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$1 ,500,000.00 with interest at a rate to be
hereafter determined, not to exceed 8% per
annum, for the purpose of constructing
necessary road-ways and landscaping in the
Civic Center area, in connection with the con-
struction of a Civic Center Complex in that
area of the City-owned p roperty, which is
bounded generally by 17th Street on the south,
Washington Avenue on the east, Dade Boulevard
on the north and Meridian Avenue on the west?
7, 147 votes were cast For the Bonds, and
6,528 votes were cast Against the Bonds.
19. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$4,000,000.00 with interest at a rate to be
hereafter determined, not to exceed 8% per
annum, for the construction of a Theater of
the Performing Arts in the Civic Center Complex
of the City, being generally bounded by 17th
Street on the south, Washington Avenue on the
east, Dade Boulevard on the north and Meridian
Avenue on the west?
7,648 votes were cast For the Bonds, and
6, 198 votes were cast Against the Bonds.
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20. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$250,000.00 with interest at a rate to be
hereafter determined, not to exceed 8% per
annum, for the purpose of defraying additional
costs of the construction of the South Shore
Community Center?
8,035 votes were cast For the Bonds, and
6,302 votes were cast Against the Bonds.
21 . Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$1 ,000,000.00 with interest at a rate to be
hereafter determined, not to exceed 8% per
annum, for the purpose of acquiring necessary
rights of way for street and highway purposes
and for the construction of a public park on
the northeast corner of Arthur Godfrey Road
and Pine Tree Drive and consisting of Lots 1
through 4, inclusive of FLAMINGO BAY SUB NO 1 ,
according to the plat thereof as recorded in
Plat Book 6, Page 101 , of the Public Records
of Dade County, Florida; less that portion of
Lot 1 acquired by the City of Miami Beach
for highway purposes?
5,751 votes were cast For the Bonds, and
8,551 votes were cast Against the Bonds.
22, Advisory Referendum. Do you favor, or approve,
the operation of a government controlled
gambling casino in the City of Miami Beach to
be operated under rigid governmental supervision?
7,240 ''YES'' votes were cast and
9,771 ''NO'' votes were cast,
AND THAT QUESTION NO. 1 and CHARTER AMENDMENTS NOS. 2, 3, 4, 5, 6, 7,
8, 9, 10, AND 11 CARRIED:
AND THAT BOND QUESTIONS NOS. 12, 13, 14, 15, 16, 17, 18, 19, 20,
CARRIED,
AND BOND QUESTION NO. 21 FAILED:
AND THAT QUESTION NO. 22 ADVISORY REFERENDUM FAILED
WITNESS our hands and seals this 29th•= day of April 1970.
Vice Mayor
Councilman
City Clerk-Finance Director
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CANVASS AND REPORT OF SPECIAL
FREEHOLDERS ELECTION HELD ON
APRIL 23, 1970
WHEREAS, the undersigned Canvassing Committee of the City Council
of the City of Miami Beach, Florida, has made a canvass of the returns
of the Certificates of the Clerks and Inspectors, who held and con-
ducted the Special Freeholders Election, on April 23, 1970, such canvass
having been made solely, exclusively and entirely from such returns,
NOW, THEREFORE, said Canvassing Committee does hereby find and
declare that the total number of votes cast in said election in favor
of approval of bonds and the total number of votes cast in said election
against approval of the bonds were as follows:
UPON THE QUESTIONS:
12. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$900,000.00 with interest at a rate to be
hereafter determined and not exceeding 8% per
annum for the purpose of completing the
acquisition and construction of a public park
on the ocean front extending from Collins
Avenue to the Atlantic Ocean and located
between 81st and 87th Streets?
25,464 votes were cast FOR THE BONDS, and
2,490 votes were cast AGAINST THE BONDS.
13. Shall the City of Miami Beach, Florida issue
negotiable coupon bonds in the amount of
$100,000.00 with interest at a rate to be
hereafter determined, not exceeding 8% per
annum for the purpose of improving, ex-
tending and enlarging the North Shore
Community Center?
1 ,902 votes were cast FOR THE BONDS, and
2,947 votes were cast AGAINST THE BONDS.
14. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$4,000,000.00 with interest at a rate to be
hereafter determined, not exceeding 8% per
annum, for the purpose of acquiring rights of
way to widen that portion of Collins Avenue
lying generally between 63rd and 67th Streets,
all as shown by maps on file in the Public
Works Department of the City?
2,040 votes were cast FOR THE BONDS, and
2,783 votes were cast AGAINST THE BONDS.
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15. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$1 ,500,000.00 with interest at a rate to be
hereafter determined, not exceeding 8% per
annum, for the purpose of constructing a
public park on Biscayne Bay, extending
generally south of 4th Street on the west
side of Alton Road and consisting of Lots 32
through 41 , inclusive, Block 111 , OCEAN BEACH
ADDITION NO. 3, Plat Book 2, page 81 , Public
Records of Dade County, Florida?
22079 votes were cast FOR THE BONDS, and
2,737 votes were cast AGAINST THE BONDS.
16. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$5,500,000.00 with interest at a rate to be
hereafter determined, not exceeding 8% per
annum, for the purpose of constructing a
municipal administrative and police court
building in the Civic Center area, which is
bounded generally by 17th Street on the south,
Washington Avenue on the east, Dade Boulevard
on the north and Meridian Avenue on the west?
1 ,902 votes were cast FOR THE BONDS, and
2,886 votes were cast AGAINST THE BONDS.
17. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$2,500,000.00 with interest at a rate to be
hereafter determined, not to exceed 8% per
annum, for the purpose of participating with
the Federal Government on a 2/3 Federal and a
1/3 City cost participation program involving
the planning, site, acquisition and construction
of facilities for the disposal of garbage,
rubbish and similar solid wastes?
2,632 votes were cast FOR THE BONDS, and
2,164 votes were cast AGAINST THE BONDS.
18. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$1 ,500,000.00 with interest at a rate to be
hereafter determined, not to exceed 8°% per
annum, for the purpose of constructing
necessary road-ways and landscaping in the
Civic Center area, in connection with the
construction of a Civic Center Complex in
that area of the City-owned property, which
is bounded generally by 17th Street on the
south, Washington Avenue on the east, Dade
Boulevard on the north and Meridian Avenue on
the west?
1 ,856 votes were cast FOR THE BONDS, and
2,914 votes were cast AGAINST THE BONDS.
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19. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$4,000,000.00 with interest at a rate to be
hereafter determined, not to exceed 8% per
annum, for the construction of a Theater of
the Performing Arts in the Civic Center Complex
of the City, being generally bounded by 17th
Street on the south, Washington Avenue on the
east, Dade Boulevard on the north and Meridian
Avenue on the west?
1 ,933 votes were cast FOR THE BONDS, and
276373 votes were cast AGAINST THE BONDS.
20. Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$250,000.00 with interest at a rate to be
hereafter determined, not to exceed 8% per
annum, for the purpose of defraying additional
costs of the construction of the South Shore
Community Center?
1 ,813 votes were cast FOR THE BONDS , and
3,062 votes were cast AGAINST THE BONDS.
21 . Shall the City of Miami Beach, Florida, issue
negotiable coupon bonds in the amount of
$1 ,000,000.00 with interest at a rate to be
hereafter determined, not to exceed 8% per
annum, for the purpose of acquiring necessary
rights of way for street and highway purposes
and for the construction of a public park on
the northeast corner of Arthur Godfrey Road
and Pine Tree Drive and consisting of Lots 1
through 4, inclusive of FLAMINGO BAY SUB NO. 1 ,
according to the plat thereof as recorded in
Plat Book 6, Page 101 , of the Public Records of
Dade County, Florida; less that portion of Lot 1 ,
acquired by the City of Miami Beach for highway
purposes?
1 ,717 votes were cast FOR THE BONDS, and
3,104 votes were cast AGAINST THE BONDS.
WITNESS our hands and seals this 29th day of _, .April 1970.
-" V i ce,, Mayor
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Councilman
City Clerk-Finance Director
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