Resolution 81-16781 RESOLUTION NO. 81-16781
A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL
MUNICIPAL ELECTION TO BE HELD ON THE 3RD DAY OF
NOVEMBER 1981, FOR THE PURPOSE OF SUBMITTING TO
THE QUALIFIED VOTERS OF THE CITY OF MIAMI BEACH,
FLORIDA, FOR THEIR APPROVAL OR DISAPPROVAL, AN
AMENDMENT TO CHAPTER 23414 , LAWS OF FLORIDA
(SPECIAL ACTS OF 1945) , CODIFIED AS SECTIONS 121
THROUGH 150 OF ARTICLE XVIII OF THE MIAMI BEACH
CHARTER, WHICH PROVIDES FOR A PENSION FUND FOR
MIAMI BEACH FIREMEN AND POLICEMEN; AND AN ORDI-
NANCE EXERCISING THE RIGHTS OF THE CITY OF MIAMI
BEACH, FLORIDA, TO PURCHASE THE PROPERTY OWNED
BY FLORIDA POWER AND LIGHT WITHIN THE CORPORATE
LIMITS OF THE CITY OF MIAMI BEACH.
WHEREAS , the City Commission of the City of Miami Beach,
Florida, at a regular meeting duly called and held according to law,
on the 2nd day of September , 1981, determined that a special elec-
tion should be called to approve or disapprove proposed certain
amendments to Chapter 23414, Laws of Florida; and
WHEREAS, Stephen Cypen, Esq. , on behalf of the Pension
Board, has proposed and requested on behalf of the Board certain
amendments to Article XVIII ; and
WHEREAS, the City Commission has determined that said
amendments shall not take effect unless approved by a majority of
the qualified voters of the City of Miami Beach, Florida, voting at
a special election held therefor; and
WHEREAS, an Initiative Petition, pursuant to the provi-
sions of Section 26 of the Charter of the City of Miami Beach,
Florida, has been duly presented to the City Commission of Miami
Beach, Florida; and
WHEREAS, the City Clerk of the City of Miami Beach,
Florida, has requested that the Supervisor of Elections of
Metropolitan Dade County, Florida, validate the signatures appearing
on said Initiative Petition; and
WHEREAS, the Supervisor of Elections of Metropolitan Dade
County, Florida has certified that said Initiative Petition con-
tained eleven thousand, one hundred and seventy-nine (11,179) signa-
tures, and based on Random Sample Procedures, the Supervisor of
Elections has certified that said Initiative Petition contained a
sufficient number of valid signatures of registered voters residing
in Miami Beach; and
WHEREAS, said Initiative Petition requests the City Com-
mission to submit an ordinance to the electorate of the City of
Miami Beach, Florida
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF
THE CITY OF MIAMI BEACH, FLORIDA:
SECTION 1:
In accordance with the 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 Novem-
ber 3rd, 1981, for the purpose of submitting the proposed amendments
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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stated immediately below, for their approval or rejection by the
electorate:
PROPOSED CHARTER AMENDMENTS FOR
NOVEMBER 3 , 1981 SPECIAL ELECTION
Subsection 4 of Section 2 of Chapter 23414 , Laws of
Florida, Special Acts of 1945, appearing as Section 122
of the Related Laws of the Code of the City of Miami
Beach, Florida, is amended by adding thereto, immediately
following the last paragraph contained therein, a new
paragraph to read as follows:
At such time as the provisions of Sections 7-
1/2J and 7-1/2K hereof becomes effective , the
City shall thereafter pay into the funds of the
system at the end of each fiscal year such
amount as is actuarially determined to be re-
quired under this plan, in addition to the per-
sonal contributions of members, to fully amor-
tize the liability for pensions incurred during
said fiscal year , computed on an interest rate
as determined from time to time by the Board of
Trustees.
Section 7-1/2F of Chapter 23414 , Laws of Florida,
Special Acts of 1945 , appearing as Section 128 of the
Related Laws of the Code of the City of Miami Beach,
Florida, is amended by adding to the end thereof a new
paragraph to read as follows:
Anything herein to the contrary notwithstand-
ing , lifetime increases in pensions of pen-
sioners and beneficiaries pursuant to this Sec-
tion 7-1/2F shall not be provided after November
1, 1981.
Section 7-1/2 of Chapter 23414 , Laws of Florida,
Special Acts of 1945 , appearing as Section 128 of the
Related Laws of the Code of the City of Miami Beach,
Florida is amended by adding thereto the following new
Subsection (J) to read as follows:
(J) All pensioners and beneficiaries re-
ceiving pensions under this system pursuant to
the retirement or death of a member shall be en-
titled on November 1, 1981 to an increase in the
amount of the monthly pensions being paid to
them as of that date . The percentage increase
shall depend on the calendar year in which pay-
ment of the pension commenced in accordance with
the following schedule:
Year of Pension Percentage
Commencement Increase
1974 2
1973 4
1972 6
1971 15
1970 17
1969 19
1968 21
1967 23
1966 25
1965 27
1964 29
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
1963 31
1962 33
1961 35
1960 37
1959 39
1958 41
1957 43
1956 & earlier 45
For the purpose of this Section 7-1/2J, the year
of pension commencement for a beneficiary re-
ceiving a pension as the result of the death of
a retired member who was receiving a pension at
the time of his death shall be the calendar year
in which the retired member began to receive his
pension.
Section 7-1/2 of Chapter 23414 , Laws of Florida,
Special Acts of 1945 , appearing as Section 128 of the Re-
lated Laws of the Code of the City of Miami Beach,
Florida, is amended by adding thereto the following new
Subsection (K) to read as follows:
(K) In the case of a pensioner or benefi-
ciary who has been receiving a pension as of
July 1, 1982 or any subsequent July 1 for at
least three years , the pension payable to him as
of such July 1 shall be increased as of the next
following October 1 by 2 per cent. For the pur-
pose of this Section 7-1/2K, the pension com-
mencement date for a beneficiary receiving a
pension as the result of the death of a retired
member who was receiving a pension at the time
of his death shall be the date on which the re-
tired member began to receive his pension.
SECTION 2:
Further in accordance with the 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
November 3rd 1981, for the purpose of submitting the proposed ordi-
nance stated immediately below, for their approval or rejection by
the electorate:
PROPOSED ORDINANCE FOR
NOVEMBER 3 , 1981 SPECIAL ELECTION
Ordinance exercising the rights of the City of Miami
Beach, Florida, to purchase the property owned by Florida
Power and Light within the corporate limits of the City
of Miami Beach.
Be it ordained by the people of Miami Beach, Dade County,
Florida:
Section 1: At the date of expiration of the franchise
agreement between the City of Miami Beach and Florida
Power and Light Company on December 5 , 1981, the City
will exercise its rights under the agreement and purchase
the property owned and operated by Florida Power and
Light Company within the corporate limits of the City of
Miami Beach, in compliance with Ordinance No. 995 of
December 5 , 1951, and in compliance with Section 48 of
the City Charter .
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
Section 2: At some date shortly after the purchase of
the property owned by Florida Power and Light, the City
of Miami Beach shall begin to supply and maintain all the
electrical service to the City and its inhabitants, and
continue to pledge a percentage of gross receipts for
excise tax bonds, series 1969 , as required by Council
Resolution No. 12650 , February 25 , 1969 .
SECTION 3 :
The appropriate and proper Dade County election officials shall con-
duct the said Special Election hereby called, except for the canvas-
sing of the returns of said Special Election, which duty shall 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
on the night of said Special Election. The official certification
of the results of said Special Election shall be made by the City
Commission of the City of Miami Beach.
SECTION 4 :
The said voting precincts in the City for said Special Election
shall be as established by the proper and appropriate Dade County
election officials. All electors shall vote at the polling places
in the voting precincts in which the registration of persons desir-
ing to vote in said Special Election shall be in accordance with the
general law of the State governing voter registration.
SECTION 5 :
Copies of this Resolution and the proposed question in full 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.
SECTION 6:
Not less than thirty (30) days ' notice of said Special Election
shall be given by publication in the Miami Beach Sun Reporter , a
newspaper published in the City of Miami Beach, Florida. Such pub-
lication shall be made at least once each week for four (4) consecu-
tive weeks next preceding said Special Election.
SECTION 7 :
The Notice of Election shall be substantially in the following form:
"CITY OF MIAMI BEACH FLORIDA
NOTICE OF SPECIAL ELECTION
NOTICE IS HEREBY GIVEN that a Special Election has been
called by the City Commission of the City of Miami Beach,
Florida, and will be held in said City from 7 :00 o' clock
a.m. until 7 : 00 o' clock p.m. , on the 3rd day of November ,
1981, at which time there shall be submitted to the duly
registered and qualified voters of the City of Miami
Beach the following questions:
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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Question No. 2
Shall Chapter 23414 , Laws of Florida, Spe-
cial Acts of 1945 , as amended, being Article
XVIII of the Charter of the City of Miami Beach,
Florida, and appearing as Sections 121 through
150 thereof , be amended in such manner so as to
provide a cost of living increase in pensions
being paid to present and future pensioners and
beneficiaries under the Police and Firemen' s
Pension System?"
Question No. 3
Shall the following Ordinance exercising
the rights of the City of Miami Beach, Florida,
to purchase the property owned by Florida Power
and Light within the corporate limits of the
City of Miami Beach be enacted?
Be it ordained by the people of Miami Beach,
Dade County, Florida:
Section 1: At the date of expiration of the
franchise agreement between the City of Miami
Beach and Florida Power and Light Company on
December 5, 1981, the City will exercise its
rights under the agreement and purchase the
property owned and operated by Florida Power and
Light Company within the corporate limits of the
City of Miami Beach, in compliance with
Ordinance No. 995 of December 5 , 1951, and in
compliance with Section 48 of the City Charter .
Section 2: At some date shortly after the pur-
chase of the property owned by Florida Power and
Light, the City of Miami Beach shall begin to
supply and maintain all the electrical service
to the City and its inhabitants, and continue to
pledge a percentage of gross receipts for excise
tax bonds, series 1969, as required by Council
Resolution No. 12650 , February 25 , 1969 .
SECTION 8 :
That the official ballot to be used in the Special Election to be
held on November 3rd 1981, hereby called, shall be in substantially
the following form, to wit:
"OFFICIAL BALLOT
CITY OF MIAMI BEACH, FLORIDA
SPECIAL ELECTION
November 3rd, 1981
SHALL THE FOLLOWING QUESTION BE APPROVED OR REJECTED?
QUESTION 2:
Shall Chapter 23414 , Laws of Florida, Special Acts
of 1945 , as amended, being Article XVIII of the Charter
of the City of Miami Beach, Florida, and appearing as
Sections 121 through 150 thereof , be amended in such man-
ner so as to provide a cost of living increase in pen-
sions being paid to present and future pensioners and
beneficiaries under the Police and Firemen' s Pension Sys-
tem?
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OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH,FLORIDA 33139
MAKE A CROSS (X) AFTER YOUR CHOICE:
YES:
NO:
QUESTION 3:
Shall the following Ordinance exercising the
rights of the City of Miami Beach, Florida, to purchase
the property owned by Florida Power and Light within the
corporate limits of the City of Miami Beach be enacted?
Be it ordained by the people of Miami Beach, Dade County,
Florida:
Section 1: At the date of expiration of the franchise
agreement between the City of Miami Beach and Florida
Power and Light Company on December 5 , 1981, the City
will exercise its rights under the agreement and purchase
the property owned and operated by Florida Power and
Light Company within the corporate limits of the City of
Miami Beach, in compliance with Ordinance No. 995 of
December 5 , 1951, and in compliance with Section 48 of
the City Charter .
Section 2: At some date shortly after the purchase of
the property owned by Florida Power and Light, the City
of Miami Beach shall begin to supply and maintain all the
electrical service to the City and its inhabitants , and
continue to pledge a percentage of gross receipts for
excise tax bonds, series 1969 , as required by Council
Resolution No. 12650, February 25 , 1969.
MAKE A CROSS (X) AFTER YOUR CHOICE:
YES:
NO:
Said ballot and its preparation shall be such so as to be in com-
pliance with the laws of the State of Florida with respect to the use
of an electronic voting system.
SECTION 9:
Absentee voters participating in said Special Election shall be en-
titled to cast their ballots in accordance with the provisions of
the laws of the State of Florida with respect to absentee voting .
SECTION 10 :
The City of Miami Beach shall pay all of the 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, Florida.
SECTION 11:
This Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 16th day of September
1981.
.rte
MAYOR
ATTEST:
CITY LERK FORM APPROVED
TMP: ab -6- Lr" . tt 6 DE PT.
Date s _ (/! '9'87
OFFICE OF THE CITY ATTORNEY - 1700 CONVENTION CENTER DRIVE -MIAMI BEACH, FLORIDA 33139
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