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2015-29133 Reso -- RESOLUTION NO. 2015-29133 A RESOLUTION OF THE MAYOR AND CITY COMMISSION OF THE CITY OF MIAMI BEACH, FLORIDA CALLING FOR A MARCH 15, 2016 SPECIAL ELECTION, FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER, IF THE VOTERS APPROVE THE CITY'S CONVENTION CENTER HOTEL LEASE, CITY SHALL ADOPT AN ORDINANCE DEDICATING ALL RENT PAYMENTS RECEIVED BY CITY TO ENHANCE FUNDING (NOT REPLACE OR SUBSTITUTE FOR CURRENT CITY FUNDING), IN EQUAL PROPORTIONS ANNUALLY FOR THE TERM OF LEASE, FOR: MASS TRANSIT AND TRAFFIC REDUCTION, PRE-K THROUGH 12 EDUCATION, STORMWATER PROJECTS (IN LIEU OF RATE INCREASES), AND UNDERGROUNDING ELECTRIC UTILITIES, WITH ANY AMENDMENT/REPEAL OF SUCH ORDINANCE SUBJECT TO VOTER REFERENDUM APPROVAL. WHEREAS, following a duly noticed first reading/public hearing on July 31, 2015, and a duly noticed second reading/public hearing on September 2, 2015, the Mayor and City Commission of the City of Miami Beach, Florida adopted Resolution No. 2015-29115, approving a Development and Ground Lease Agreement ("Lease")with Portman Miami Beach, LLC for the development of an 800 room convention headquarter hotel and related facilities (the "Hotel"), on an approximately 2.65-acre site on the northeast corner of 17th Street and Convention Center Drive, bounded roughly by the Miami Beach Convention Center to the North, 17th Street to the South, The Fillmore Miami Beach at the Jackie Gleason Theater to the East and Convention Center Drive to the West; and WHEREAS, pursuant to Section 1.03(b)(3) of the City Charter, the Lease is contingent upon and requires approval by vote of at least sixty (60) sixty percent of the voters voting thereon in a City-wide referendum, with such vote currently scheduled to take place on March 15, 2016; and WHEREAS, the City would like to schedule a vote of the electorate for Tuesday, March 15, 2016, in order for the residents of Miami Beach to vote on whether the City should adopt an ordinance dedicating the rent payments received by the City pursuant to the Lease for certain specified projects as set forth herein. NOW, THEREFORE, BE IT DULY 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, March 15, 2016, 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 as determined by the Miami-Dade County Election Officials as set forth in the attached Exhibit"A." SECTION 4. Not less than thirty days notice of the adoption of this Resolution and of its provisions calling this Special Election shall be given by publication in the Miami Herald, a newspaper of general circulation in Miami Beach, Miami-Dade County, Florida. Such publication shall be made in accordance with the provisions of Section 100.342, Florida Statutes, and Section 38-3 of the Code of the City of Miami Beach. SECTION 5. 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 15th DAY OF MARCH, 2016 AT WHICH TIME THERE SHALL BE SUBMITTED TO THE DULY REGISTERED AND QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH THE FOLLOWING QUESTION: 2 Referendum Re: Use of Rent Payments Received By City from Convention Center Hotel Lease If voters approve City's Convention Center Hotel lease, shall City adopt an ordinance dedicating all rent payments received by City to enhance funding (not replace or substitute for current City funding), in equal proportions annually for the term of lease, for: mass transit and traffic reduction, pre-k through 12 education, stormwater projects (in lieu of rate increases), and undergrounding electric utilities, with any amendment/repeal of such ordinance subject to voter referendum approval? YES NO Said Notice shall further set forth the several polling places in the election precincts as established in accordance with Section 3 hereof, and shall further set forth pertinent information regarding eligibility of electors to participate in said elections. SECTION 6. That the official ballot to be used in the Special Election to be held on March 15, 2016, hereby called, shall be in substantially the following form, to-wit: "OFFICIAL BALLOT" Referendum Re: Use of Rent Payments Received By City from Convention Center Hotel Lease If voters approve City's Convention Center Hotel lease, shall City adopt an ordinance dedicating all rent payments received by City to enhance funding (not replace or substitute for current City funding), in equal proportions annually for the term of lease, for: mass transit and traffic reduction, pre-k through 12 education, stormwater projects (in lieu of rate increases), and undergrounding electric utilities, with any amendment/repeal of such ordinance subject to voter referendum approval? YES NO 3 SECTION 7. The form of the ballots to be used in this Special Election and their preparation shall be in compliance with all statutory requirements relating to the use of mechanical or other approved voting machines or devices. SECTION 8. 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. The Miami-Dade County Supervisor of Elections will register voters for this Special Election until 5:00 p.m. on Feb.16 , 2016. All persons eligible to vote at this Special Election must be registered before the time and date set forth herein or have registered previously, as provided by law. 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, 2700 N.W. 87th Avenue, Doral, Florida 33172; Telephone: (305) 499-VOTE (8683). SECTION 9. 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 10. 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 11. If any section, sentence, clause or phrase of the ballot measure set forth above in this Resolution 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. 4 SECTION 12. This Resolution shall be effective immediately upon its passage. This Resolution may only be amended by a 517th vote of the City Commission, except for scheduling or rescheduling of the special election date, which date may be amended by a 417th vote of the City Commission. PASSED and ADOPTED this 02 day of Sep 7401 6t?iV' , 2015. ATTEST: : / - -I , / i ,„, PHILIP, EVI. '. MAY' R , Jo ,„ �' • i I 2d ;// RAFA- E. 7,DO CITY LERK # 01 Bic1'Ili :Ar '.\'-..... V '..P ,,__ ..:._...: .._...._,__..s.,.„ .._,. .-....-5... i APPROVED AS TO • ��. - , ! FORM&LANGUAGE !JCORP '0RNTED &FOR EXECUTION 2...9„_ot.h. „ ,t(,5 .,,,..„..•.....•. ,‘„ , „ ,...,,. , .,),„ �'. • ` City Attorney kpie Data 5 r ?''E E E AC h 1700 Convention Center Drive, Miami Beach, Florida33139 www.miamibeachfl.gov OFFICE OF THE CITY ATTORNEY Tel: 305.673.7470, Fax: 305.673.7002 COMMISSION MEMORANDUM TO: MAYOR PHILIP LEVINE MEMBERS OF THE CITY COMMISSION CITY MANAGER JIMMY MORALES FROM: RAUL J. AGUILA p CITY ATTORNEY DATE: SEPTEMBER 2, 2015 SUBJECT: RESOLUTION CALLING NOVEMBER 3, 2015 SPECIAL ELECTION FOR THE PURPOSE OF SUBMITTING TO THE ELECTORATE OF THE CITY OF MIAMI BEACH, FLORIDA A QUESTION ASKING WHETHER, IF VOTERS APPROVE CITY'S CONVENTION CENTER HOTEL LEASE, CITY SHALL ADOPT AN ORDINANCE DEDICATING ALL RENT PAYMENTS RECEIVED BY CITY TO ENHANCE FUNDING (NOT REPLACE OR SUBSTITUTE FOR CURRENT CITY FUNDING), IN EQUAL PROPORTIONS ANNUALLY, FOR THE TERM OF LEASE, FOR: MASS TRANSIT AND TRAFFIC REDUCTION, PRE-K THROUGH 12 EDUCATION, STORMWATER PROJECTS (IN LIEU OF RATE INCREASES), AND UNDERGROUNDING ELECTRIC UTILITIES, WITH ANY AMENDMENT/REPEAL OF SUCH ORDINANCE SUBJECT TO VOTER REFERENDUM APPROVAL. The attached Resolution has been prepared at Commissioner Tobin's request. The attached Resolution calls for a City of Miami Beach Special Election to be held on November 3, 2015 for the' purpose of submitting to the City's voters the following question: Agenda Item R7V Date 4^d-(S- Referendum Re: Use of Rent Payments Received By City from Convention Center Hotel Lease If voters approve City's Convention Center Hotel lease, shall City adopt an ordinance dedicating all rent payments received by City to enhance funding (not replace or substitute for current City funding), in equal proportions annually for the term of lease, for: mass transit and traffic reduction, pre-k through 12 education, stormwater projects (in lieu of rate increases), and undergrounding electric utilities, with any amendment/repeal of such ordinance subject to voter referendum approval? Two companion agenda items shall be considered at the September 2, 2015 City Commission meeting, namely a Resolution to approve the proposed Development and Ground Lease Agreement ("Lease") for the Convention Center hotel (Agenda Item R7A), and a Resolution calling for a special election for the purpose of submitting to the voters a referendum re: approval of the Lease in accordance with Section 1.03(b)(3) of the City Charter (Agenda Item R7B). Pursuant to directive of the Miami-Dade County Elections Department, the final date by which the City may adopt its Resolution placing a ballot measure on the November 3, 2015 ballot is September 4, 2015. Accordingly, this matter is timely presented to the City Commission and adoption of the attached Resolution may take place at today's meeting. • T:\AGENDA\2015\September\MBCC Headquarter Hotel\City Atty Comm Memo Ballot Question MBCC Hotel.docx MIAMI BEACH MIAMI BEACH RUN-OFF ELECTION NOVEMBER 17, 2015 MIAMI BEACH PRECINCTS LIST PCT Place Name Location PCT Place Name Location 011 Biscayne Elementary 800 77 Street 030 Miami Beach 2000 Convention School Botanical Garden Center Drive 013 North Shore Branch 7501 Collins 031 Miami City Ballet 2200 Liberty Library Avenue Avenue 014 North Shore Park Youth 501 72 Street 032 Miami Beach Regional 227 22 Street Center Library 015 Normandy Shores Golf 2401 Biarritz Drive 033 Miami Beach Senior 2231 Prairie Club High School Avenue 018 Indian Creek Fire 6860 Indian Creek 036 Miami Beach Police 999 11 Street Station#4 Drive Athletic League 019 Normandy Park&Pool 7030 Trouville 037 Miami Beach City Hall 1700 Convention Esplanade Center Drive 020 Ronald W. Shane 6500 Indian Creek 038 Veterans Foreign War 650 West Avenue Center Drive Post#3559 023 Miami Beach Fire 5303 Collins 040 South Pointe 1050 4 Street Station#3 Avenue Elementary School 024 Nautilus Middle School 4301 N. Michigan 041 South Shore 833 6 Street #2 Avenue Community Center 025 T Nautilus Middle School 4301 N. Michigan 042 Feinberg Fisher K-8 601 14 Place Avenue Center School 028 Temple Beth Sholom 4144 Chase 043 Miami Beach Police 1100 Washington Avenue _ Department Avenue 029 North Beach 4100 Prairie 048 Rebecca Towers 200 Alton Road Elementary School Avenue T=Temporary Polling Place Change Please note that the above list is subject to change, if needed. The voting precincts for the November 17, 2015 City of Miami Beach Run-Off Election shall be as established by the Miami- Dade County election officials. On Election Day, all electors shall vote at the voting locations and the voting precincts in which the official registration books show that the electors reside. All questions concerning voting locations and voting precincts should be directed to the Miami-Dade County Elections Department, 2700 NW 87 Avenue, Doral, Florida 33172; Telephone: 305.499.VOTE (8683)or TTY: 305.499.8480. Rafael E. Granado City Clerk Exhibit A Miami Beach Precincts List as of November 17, 2015. Upon receipt of the March 15, 2016 Miami Beach Precincts list from Miami Dade County Elections, this Exhibit will be updated.