Resolution 79-15846 RESOLUTION NO. 79-15846
A RESOLUTION CALLING AND PROVIDING FOR A SPECIAL MUNICIPAL
ELECTION TO BE HELD ON THE 8Th DAY OF MAY, 1979, FOR THE
PURPOSE OF SUBMITTING TO THE QUALIFIED VOTERS OF THE CITY
OF MIAMI BEACH, FLORIDA, FOR THEIR APPROVAL OR DISAPPROVAL
A MEASURE KNOWN AS ORDINANCE NO. 79-2152, PASSED AND ADOPTED
BY THE CITY COMMISSION ON THE 7TH DAY OF MARCH, 1979, AUTHO-
RIZING THE, SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO
USE THE PUBLIC STREETS AND PUBLIC PROPERTY OF THE CITY OF
MIAMI BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCT-
ING, MAINTAINING AND OPERATING LINES, POLES, CONDUITS, CABLES
AND OTHER FIXTURES OF TELEPHONE AND TELEGRAPH THEREON AND
THEREUNDER, PROVIDING FOR THE COMPENSATION TO BE PAYABLE TO
THE CITY OF MIAMI BEACH FOR SAID PURPOSES, PROVIDING FORA TERM
OF 25- YEARS, RETROACTIVE'ATO JANUARY- 11 , 1978, AND. PROVFI D'I'NG FOR
AN•EFFECT I VSE'(DATE- PROVIDINGFOR'?I E• CONDUCT OF'SAKI D` ELECTION
BY THE APPRO'PR'IATE METROPOLITAN- DADE COUNTY' ELECYTON• OFFICIALS
IN SUCH 'MANNER AS PRESCRIBED BY LAW..
' WHEREAS, the City Commission of the City of Miami Beach, Florida, at a
regular meeting duly called and held according to law, on the 7th day of March,
1979, passed upon its final reading a measure known as Ordinance No. 79-2152,
entitled:
AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA, AUTHORIZ-
ING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO
USE THE• PUBLIC STREETS AND OTHER PUBLIC PROPERTY OF THE CITY,
OF MIAMI BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING, CON-
STRUCTING, MAINTAINING AND OPERATING LINES, POLES, CONDUITS,
CABLES AND OTHER FIXTURES OF TELEPHONE AND TELEGRAPH THEREON
AND THEREUNDER; PROVIDING FOR COMPENSATION TO BE PAYABLE TO •
THE CITY OF MIAMI BEACH, FLORIDA, FOR SAID PURPOSES, PROVID-
ING FOR A TERM OFT-25--YEARS, RETROACTIVE •TO JANUARY-, 11 1978,'
AND• PROVIDING, FO:R AN EFFECTIVE DATE.
and
WHEREAS, under the provisions of Section 26 of the Charter of the City of
Miami Beach, Florida, and as recited in Section 11 of said Ordinance No. 79-2152,
said Ordinance shall not become a law until the same has been approved by a majority
of the qualified voters of the City of Miami Beach, Florida, voting thereon at either
a general election or a special election held for such purpose, and
WHEREAS, the City Commission has determined that said Ordinance shall be in
force after its approval by a majority of the qualified voters of the City of Miami
Beach, Florida, voting at a special election held therefor, and upon the filing of
acceptance thereof by said Company.
NOW, THEREFORE, BE IT RESOLVED BY THE CITY COMMISSION OF THE CITY OF MIAMI
BEACH, FLORIDA:
SECTION 1 : That 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 May 8, 1979,
for the purpose of submitting a proposed question, as set forth hereinafter,
for the approval or rejection by the electorate.
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SECTION 2: That the appropriate and proper Dade County election officials
shall conduct the said Special Election hereby called, except for
the canvassing 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 3: That the said voting precincts in the City for said Special Elec-
tion 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 official registration books show that the
said electors reside. Registration of persons desiring to vote in said Spe-
cial Election shall be in accordance with the general law of the State govern-
ing voter registration.
SECTION 4: That copies of the proposed question in full shall be made avail-
able to the electors at the office of the City Clerk from 9:00
o'clock a.m. to 5:00 o'clock p.m. each day, Saturdays, .Sundays; .and Holidays
excepted.
SECTION 5: That not less than thirty (30) days ' notice of said Special Elec-
tion shall be given by publication in the Miami Beach Sun Reporter,
a newspaper published in the City of Miami Beach, Florida. Such publication
shall be made at least once each week for four (4) consecutive weeks next pre-
ceding said Special Election.
SECTION 6: That 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 8th day of May, 1979, at which time there
shall be submitted to the duly registered and qualified voters
of the City of Miami Beach the following question
QUESTION:
Shall the measure known as Ordinance No. 79-2152, passed and
adopted on its second and final reading on the 7th day of March,
1979, and entitled: 'AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE
THE PUBLIC STREETS.'AND .OTHER PUBLICPROPERTY OF-'THE CITY OF MIAMI
BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING •
AND OPERATING LINES, POLES, CONDUITS, CABLES AND OTHER FIXTURES OF
TELEPHONE AND TELEGRAPH THEREON AND THEREUNDER; PROVIDING FOR COMPENSA-
TION TO BE PAYABLE TO THE CITY OF MIAMI BEACH, FLORIDA, FOR SAID
PURPOSES; PROVIDING FOR A TERM OF 25-YEARS, RETROACTIVE TO JANUARY 11 , 1978,
AND PROV I D I NG;AN: EFFECTIVE DATE' ,'.be-approved"'o?-disapproved?"
Said Notice shall further set forth the several polling places in the election
precincts as established in accordance with Section 3 of this resolution, and
shall further set forth pertinent information regarding eligibility of electors
to participate in said election.
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SECTION 7: That the Official ballot to be used in the Special Election to be
held on May 8, 1979, hereby called, shall be in substantially
the following form, to wit:
"OFFICIAL BALLOT
CITY OF MIAMI BEACH, FLORIDA
SPECIAL ELECTION
MAY 8, 1979
SHALL THE FOLLOWING QUESTION BE APPROVED OR REJECTED?
QUESTION:
Shall the measure known as Ordinance No. 79-2152, passed and
adopted on its second and final reading on the 7th day of March,
1979, and entitled: 'AN ORDINANCE OF THE CITY OF MIAMI BEACH, FLORIDA,
AUTHORIZING THE SOUTHERN BELL TELEPHONE AND TELEGRAPH COMPANY TO USE
THE PUBLIC STREETS AND OTHER PUBLIC PROPERTY OF THE CITY OF MIAMI
BEACH, FLORIDA, FOR THE PURPOSE OF ERECTING, CONSTRUCTING, MAINTAINING
AND OPERATING LINES, POLES, CONDUITS, CABLES AND OTHER FIXTURES OF
TELEPHONE AND TELEGRAPH THEREON AND THEREUNDER; PROVIDING FOR COMPENSA-
TION TO BE PAYABLE TO THE CITY OF MIAMI BEACH, FLORIDA, FOR SAID
PURPOSES; PROVIDING FOR A TERM OF 25'YEARS,: RETROACTIVE TO
JANUARY 1 1', , 19781, .AND` FROV.I D I NGS.AN EFFECTIVE DATE';, be•,approved or
disapproved?
MAKE A CROSS (X) AFTER YOUR CHOICE:
FOR THE MEASURE
AGAINST THE MEASURE "
Said ballot and its preparation shall be such so as to be in compliance with the
laws of the State of Florida with respect to the use of an electronic voting system.
SECTION 8: That 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 9: That the City of Miami Beach shall pay its proportionate share 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 10: That this Resolution shall be effective immediately upon its passage.
PASSED and ADOPTED this 7th day of March, 1979.
//:::
KAyor
ATTEST:
4)2(
City Clerk
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ORIGINAL
RESOLUTION NO. 79-15846
(Calling for a Special Municipal Election
May 8, 1979 for purpose of submitting to
the electorate of CMB,Fl .for approval or
disapproval ,a measure known as Ordinance
No. 79-2152,passed by City Commission
3/7/79, authorizing Southern Bell Tel &
Tel Co.to use public streets,etc for the
ur ose of erecting,p constructing,maintain-
ing and operating lines,poles,etc. ,provid-
ing for compensation to CMB,etc. ,providing
for a term of 25 yrs. ,retroactive to
1/11/78,etc.)
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