96-22211 RESO
RESOLUTION NO.
96-22211
A RESOLUTION OF THE MAYOR AND CITY COMMISSION
OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE DADE COUNTY DEPARTMENT OF
ELECTIONS TO SERVE AS CANVASSING BOARD
REGARDING THE QUESTION OF MAIL BALLOT
ELECTIONS TO BE HELD REGARDING THE QUESTION
OF APPROVAL OF THE LINCOLN ROAD MANAGEMENT
SERVICES DISTRICT NO.3 AND WASHINGTON AVENUE
MANAGEMENT SERVICES DISTRICT NO.3.
WHEREAS, on November 6, 1996, the Mayor and City Commission approved Resolution
No. 96-22190 creating, subject to the approval of a majority of the affected property owners, the
special assessment district, for a period of one year, to be known as the Lincoln Road Management
Services District No.3; and
WHEREAS, on that date, the Mayor and City Commission also approved Resolution No.
96-22192 creating, subject to the approval of a majority of the affected property owners, the special
assessment district, for a period of one year, to be known as the Washington Avenue Management
Services District No.3; and
WHEREAS, pursuant to Chapter 170, Florida Statutes, both special assessment districts are
subject to the approval of the affected property owners therein; and
WHEREAS, the Mayor and City Commission, upon recommendation by the Administration
and City Attorney's Office, had previously determined that the method for determining the majority
approval of property owners necessary to ratify said districts, as required by the statute, would be
determined by conducting an election among the affected property owners within each proposed
district; and
WHEREAS, the City, under the auspices of the Dade County Department of Elections, will
be conducting a mail ballot election relating to the question of the approval of the Lincoln Road
Management Services District No.3 and the Washington Avenue Management Services District No.
3, respectively; and
WHEREAS, Dade County is charged with the full responsibility of conducting the aforesaid
election, and the Dade County Department of Elections shall be charged with the statutory
responsibilities relating to the conduct of elections and is authorized to act as Canvassing Board for
the City of Miami Beach for the aforestated mail ballot elections regarding the question of approval
of the Lincoln Road Management Services District No.3 and the Washington Avenue Management
Services District No.3.
NOW, THEREFORE, BE IT DULY RESOLVED BY THE MAYOR AND
CITY COMMISSION OF THE CITY OF MIAMI BEACH that the Dade County Department
of Elections is hereby authorized to act as Canvassing Board for the mail ballot elections regarding
the question of approval of the Lincoln Road Management Services District No.3 and the
Washington Avenue Management Services District No.3.
PASSED AND ADOPTED this20thday of Novemb r I 1996.
ATTEST:
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CITY CLERK
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APPROVED AS TO
FORM & lANGUAGE
& FOR EXECUTION
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City Attorney
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COMMISSION MEMORANDUM NO:~
DATE: NOVEMBER 20, 1996
TO: MAYOR SEYMOUR GELBER
MEMBERS OF THE CITY COMMISSION
FROM: MURRAY H. DUBBIN, CITY ATTORNEY
JOSE GARCIA-PEDROSA, CITY MANAGE
SUBJECT: RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY
OF MIAMI BEACH, FLORIDA, AUTHORIZING THE DADE COUNTY
DEPARTMENT OF ELECTIONS TO SERVE AS CANVASSING BOARD
FOR THE MAIL BALLOT ELECTIONS TO BE HELD REGARDING THE
QUESTION OF APPROVAL OF THE LINCOLN ROAD MANAGEMENT
SERVICES DISTRICT NO. 3 AND W ASIllNGTON AVENUE
MANAGEMENT SERVICES DISTRICT NO.3.
At its regular meeting on November 6t 1996, the Mayor and City Commission approved
resolutions authorizing the creation, subject to the approval of a majority of the affected property
owners therein, of the Lincoln Road Management Services District No.3 and the Washington
Avenue Management Services District No.3, respectively. As was the case in the ratification of the
aforestated Districts last year, the Administration and City Attorney's Office continue to recommend
that the majority approval of affected property owners necessary to ratify the Districts be garnered
by conducting an election to be held among the property owners of each respective District, posing
the single question as to whether or not the proposed District should be approved for a period of one
year.
The Administration and City Attorney's Office have once again met with the Dade County
Supervisor of Elections and have determined to hold mail ballot elections, with ballots to be
distributed among the affected property owners of each proposed District. The ballots for the mail
ballot election are due no later than 5:00 p.m. on December 2, 1996. At its November 6t 1996
meeting, the Mayor and City Commission also set the date and time for the final public hearing
regarding the creation of the Lincoln Road and Washington Avenue Management Services Districts,
for December 4, 1996 at 11 :00 a.m.. As the results of the mail ballot election will have been
tabulated prior to that date, should either District not have received the required majority approval
by the affected property owners (said approval to be determined by a majority vote of All affected
property owners within a proposed District), then that District will not be ratified and confirmed.
Agenda Item 'R. '1 E.
Date 1 \ -L.C-q.k-
At the request of the Dade County Supervisor of Elections, the attached resolution authorizes
the Dade County Elections Department to act as the Canvassing Board for the proposed mail ballot
elections regarding the creation of the Lincoln Road and Washington Avenue Management Services
Districts. Themail ballot election shall be handled exclusively by the County.
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